C.R.S. § 29-35-202 — CO Code / Title 29 / Article 35 / Part 2 / Section 29-35-202
29-35-202. Definitions
Status: in_force

29-35-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Certified transit-oriented community" means a transit-oriented community that has met the requirements of section 29-35-204 (4).

(2) "Exempt parcel" means:

(a) Any parcel that a transit-oriented community has applied to the department for qualification as an exempt parcel because the transit-oriented community believes the parcel cannot be developed for reasons including health and safety, topography, or practical limitations and for which the department has approved the transit-oriented community's application according to a process established by policies and procedures developed by the department;

(b) A parcel that, as of January 1, 2024, is not served by a domestic water and sewage treatment system, as defined in section 24-65.1-104 (5), is served by a well that is not connected to a water distribution system, as defined in section 25-9-102 (6), or is served by a septic tank, as defined in section 25-10-103 (18);

(c) Any part of a parcel that, as of January 1, 2024, is located within an unincorporated area as defined in subsection (11)(d)(II) of this section, and is served by a domestic water and sewage treatment system, as defined in section 24-65.1-104 (5), that is owned by a municipality;

(d) A parcel that, as of January 1, 2024, is in an agricultural, forestry, natural resource preservation, or open space zoning district;

(e) A parcel that, as of January 1, 2024, is zoned or used primarily for industrial use, which, for purposes of this subsection (2)(e), means a business use or activity at a scale greater than home industry involving manufacturing, fabrication, mineral or gravel extraction, assembly, warehousing, or storage, and parcels that are identified within the United States environmental protection agency's toxic release inventory;

(f) Any part of a parcel that, as of January 1, 2024, is in a floodway or in a one- hundred-year floodplain, as identified by the federal emergency management agency;

(g) Any part of a parcel that, as of January 1, 2024, is subject to an easement for a major electric or natural gas facility, as defined in section 29-20-108 (3);

(h) A parcel that, as of January 1, 2024, is used as a cemetery, as defined in section 31-25-701 (2);

(i) Any part of a parcel that, as of January 1, 2024, is subject to a conservation easement;

(j) A parcel or easement that, as of January 1, 2024, is owned by, used as, or operated by an airport;

(k) A public or railroad right-of-way that exists as of January 1, 2024;

(l) A parcel that, as of January 1, 2024, is used as a mobile home park, as defined in section 38-12-201.5 (6);

(m) A parcel that is:

(I) Within a transit station area;

(II) Separated by a state-owned limited-access highway or railroad track from all exits to the transit station that is used to establish the transit station area referenced in subsection (1)(j)(I) of this section; and

(III) Wholly beyond an area that is reachable by a person walking a distance of no more than one-half mile from the transit station referenced in subsection (1)(j)(II) of this section, as designated by the walkshed map published by the department pursuant to section 29-35-207 (1)(b);

(n) A parcel that, as of January 1, 2024, is owned by a federal, state, or local government entity;

(o) Any part of a parcel that, as of January 1, 2024, includes land that is park and open space, as defined in section 29-7.5-103 (2);

(p) A parcel that as of January 1, 2024, is owned by a school district, as defined in section 22-30-103 (13); or

(q) Any part of a parcel's zoning capacity where residential use is prevented or limited to less than forty dwelling units per acre by state regulation, federal regulation, or deed restriction pursuant to either:

(I) Federal aviation administration restrictions pursuant to 14 CFR part 77;

(II) An environmental covenant pursuant to sections 25-15-318 to 25-15-323; or

(III) Restrictions within a flammable gas overlay zoning district.

(3) "Housing opportunity goal" means a goal for the zoning capacity for residential units in a transit-oriented community. A local government shall calculate its housing opportunity goal pursuant to section 29-35-204 (2).

(4) "Mixed-use pedestrian-oriented neighborhood" means an area that integrates land use types that include residential and nonresidential uses within a walkable neighborhood.

(5) "Neighborhood center" means an area that both meets the requirements of section 29-35-206 and is designated as a neighborhood center by a local government.

(6) "Net housing density" means the number of residential units allowed per acre of land on parcels that allow for residential development. In calculating net housing density for an area, a local government shall incorporate any dimensional or other restrictions in local laws used to regulate allowed density in the area, including but not limited to restrictions related to units per acre, lot area per unit, lot coverage, site level open space requirements, floor area ratios, setbacks, minimum parking requirements, and maximum height. Nothing in this subsection (6) means that, in calculating net housing density for an area, a local government shall include an area of an individual parcel required for stormwater drainage or a utility easement.

(7) "Optional transit area" means the total area, measured in acres, within a transit-oriented community that is within one-quarter mile of a public bus route or bus rapid transit corridor as identified in the criteria in subsection 29-35-207 (4).

(8) "Transit area" means both a transit station area, as defined in subsection (12) of this section, or a transit corridor area, as defined in subsection (10) of this section.

(9) "Transit center" means an area that both meets the requirements of section 29-35-205 and is designated as a transit center by a transit-oriented community.

(10) "Transit corridor area" means the total area, measured in acres, within a transit-oriented community that is within one-quarter mile of a public bus route as identified in the criteria in section 29-35-207 (3).

(11) "Transit-oriented community" means a local government that:

(a) Is either entirely or partially within a metropolitan planning organization;

(b) Has a population of four thousand or more according to the most recent data from the state demography office;

(c) Contains at least seventy-five acres of transit area; and

(d) If the local government is a county, contains either:

(I) A part of a transit station area that is both in an unincorporated part of the county and within one-half mile of a transit station that serves one or both of a commuter rail or a light rail service; or

(II) A part of a transit corridor area that is both in an unincorporated part of the county and fully surrounded by one or more municipalities.

(12) "Transit station area" means the total area, measured in acres, within a transit-oriented community that is within one-half mile of a station, as identified in the criteria in section 29-35-207 (2).

(13) "Zoning capacity" means the total number of housing units allowed in an area, as limited by the restrictions in local law that regulate density in that area, and as calculated by totaling the net housing density of all parcels within the area.

(14) "Zoning capacity buffer" means the ratio of the number of housing units anticipated to be constructed in an area to the zoning capacity of the area.
C.R.S. § 29-20-104 — CO Code / Title 29 / Article 20 / Part 1 / Section 29-20-104
29-20-104. Powers of local governments - definition
Status: in_force

29-20-104. Powers of local governments - definition. (1) Except as expressly provided in section 29-20-104.2, section 29-20-104.5, and article 35 of this title 29, the power and authority granted by this section does not limit any power or authority presently exercised or previously granted. Except as provided in section 29-20-104.2, each local government within its respective jurisdiction has the authority to plan for and regulate the use of land by:

(a) Regulating development and activities in hazardous areas;

(b) Protecting lands from activities which would cause immediate or foreseeable material danger to significant wildlife habitat and would endanger a wildlife species;

(c) Preserving areas of historical and archaeological importance;

(d) Regulating, with respect to the establishment of, roads on public lands administered by the federal government; this authority includes authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U.S.C. 932 (R.S. 2477) but does not include authority to prohibit, set conditions for, or require a permit for the establishment of any road authorized for mining claim purposes by 30 U.S.C. 21 et seq., or under any specific permit or lease granted by the federal government;

(e) Regulating the location of activities and developments which may result in significant changes in population density;

(e.5) Regulating development or redevelopment in order to promote the construction of new affordable housing units. The provisions of section 38-12-301 shall not apply to any land use regulation adopted pursuant to this section that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. Nothing in this subsection (1)(e.5) is construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of section 38-12-301.

(e.7) Notwithstanding any other provision of this section, a local government shall not exercise the authority granted by subsection (1)(e.5) of this section unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more of the following actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units:

(I) Adopt changes to its zoning and land use policies that are intended to increase the overall density and availability of housing, including but not limited to:

(A) Changing its zoning regulations to increase the number of housing units allowed on a particular site;

(B) Promoting mixed-use zoning that permits housing units to be incorporated in a wider range of developments;

(C) Permitting more than one dwelling unit per lot in traditional single-family lots;

(D) Increasing the permitted household size in single family homes;

(E) Promoting denser housing development near transit stations and places of employment;

(F) Granting reduced parking requirements to residential or mixed-use developments that include housing near transit stations or affordable housing developments;

(G) Granting density bonuses to development projects that incorporate affordable housing units; or

(H) Adopting policies to promote the diversity of the housing stock within the local community including a mix of both for-sale and rental housing opportunities;

(II) Materially reduce or eliminate utility charges, regulatory fees, or taxes imposed by the local government applicable to affordable housing units;

(III) Grant affordable housing developments material regulatory relief from any type of zoning or other land development regulations that would ordinarily restrict the density of new development or redevelopment;

(IV) Adopt policies to materially make surplus property owned by the local government available for the development of housing; or

(V) Adopt any other regulatory measure that is expressly designed and intended to increase the supply of housing within the local government's jurisdictional boundaries.

(e.9) The department of local affairs shall offer guidance to assist local governments in connection with the implementation of this section.

(f) Providing for phased development of services and facilities;

(g) (I) Regulating the use of land on the basis of the impact of the use on the community or surrounding areas;

(II) (A) The general assembly finds and declares that access to outpatient clinical facilities providing reproductive health care, as defined in section 25-6-402 (4), is a matter of statewide concern and that, for purposes of zoning and other land use planning, such facilities fall within the meaning of a medical office use, a medical clinic use, a health-care use, and other facilities that provide outpatient health-care services.

(B) For the purposes of zoning and other land use planning, every local government that has adopted or adopts a zoning ordinance shall recognize the provision of outpatient reproductive health care, as defined in section 25-6-402 (4), as a permitted use in any zone in which the provision of general outpatient health care is recognized as a permitted use.

(C) Nothing in this subsection (1)(g)(II) restricts or supersedes the authority of a local government to enact uniform zoning ordinances and other land use regulations that comply with this subsection (1)(g)(II).

(h) Regulating the surface impacts of energy and carbon management operations, as defined in section 34-60-103, in a reasonable manner to address matters specified in this subsection (1)(h) and to protect and minimize adverse impacts to public health, safety, and welfare and the environment. Nothing in this subsection (1)(h) is intended to alter, expand, or diminish the authority of local governments to regulate air quality under section 25-7-128. As used in this subsection (1)(h), "minimize adverse impacts" means, to the extent necessary and reasonable, to protect public health, safety, and welfare and the environment by avoiding adverse impacts from energy and carbon management operations, as defined in section 34-60-103, and minimizing and mitigating the extent and severity of those impacts that cannot be avoided. The following matters are covered by this subsection (1)(h):

(I) Land use;

(II) The location and siting of energy and carbon management operations, as defined in section 34-60-103;

(III) Impacts to public facilities and services;

(IV) Water quality and source, noise, vibration, odor, light, dust, air emissions and air quality, land disturbance, reclamation procedures, cultural resources, emergency preparedness and coordination with first responders, security, and traffic and transportation impacts;

(V) Financial securities, indemnification, and insurance as appropriate to ensure compliance with the regulations of the local government; and

(VI) All other nuisance-type effects of the operations described in this subsection (1)(h); and

(i) Otherwise planning for and regulating the use of land so as to provide planned and orderly use of land and protection of the environment in a manner consistent with constitutional rights.

(2) To implement the powers and authority granted in subsection (1)(h) of this section, a local government within its respective jurisdiction has the authority to:

(a) Inspect all facilities subject to local government regulation;

(b) Impose fines for leaks, spills, and emissions;

(c) Impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and to enforce local governmental requirements; and

(d) Impose fees to enhance emergency preparedness and emergency response capabilities if a carbon dioxide release occurs. Allowable expenditures of the fees collected include:

(I) Preparing emergency response plans for a carbon dioxide release;

(II) Purchasing electric emergency response vehicles;

(III) Developing or maintaining a text message or other emergency communication alert system;

(IV) Purchasing devices that assist in the detection of a carbon dioxide release;

(V) Equipment for first responders, local residents, and medical facilities that assist in the preparation for, detection of, or response to the release of carbon dioxide or other toxic or hazardous materials; and

(VI) Training and training materials for first responders, local residents, businesses, and other local entities to prepare for and respond to the release of carbon dioxide or other toxic or hazardous materials.

(3) (a) To provide a local government with technical expertise regarding whether a preliminary or final determination of the location of an oil and gas facility or oil and gas location within its respective jurisdiction could affect oil and gas resource recovery:

(I) Once an operator, as defined in section 34-60-103, files an application for the location and siting of an oil and gas facility or oil and gas location and the local government has made either a preliminary or final determination regarding the application, the local government that has land use jurisdiction may ask the director of the energy and carbon management commission pursuant to section 34-60-104.5 (3) to appoint a technical review board to conduct a technical review of the preliminary or final determination and issue a report that contains the board's conclusions.

(II) Once a local government has made a final determination regarding an application specified in subsection (3)(a)(I) of this section or if the local government has not made a final determination on an application within two hundred ten days after filing by the operator, the operator may ask the director of the energy and carbon management commission pursuant to section 34-60-104.5 (3) to appoint a technical review board to conduct a technical review of the final determination and issue a report that contains the board's conclusions.

(b) A local government may finalize its preliminary determination without any changes based on the technical review report, finalize its preliminary determination with changes based on the report, or reconsider or do nothing with regard to its already finalized determination.

(c) If an applicant or local government requests a technical review pursuant to subsection (3)(a) of this section, the period to appeal a local government's determination pursuant to rule 106 (a)(4) of the Colorado rules of civil procedure is tolled until the report specified in subsection (3)(a) of this section has been issued, and the applicant is afforded the full period to appeal thereafter.
C.R.S. § 29-4-1104 — CO Code / Title 29 / Article 4 / Part 11 / Section 29-4-1104
29-4-1104. Middle-income housing authority - creation - board of directors - meetings - rec
Status: repealed

29-4-1104. Middle-income housing authority - creation - board of directors - meetings - records - tax exempt - audit - report. (1) There is created the middle-income housing authority, which is a body corporate and a political subdivision of the state, which shall not be an agency of state government, and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state.

(2) (a) The powers of the authority are vested in the governing body of the authority, which is a board of directors.

(b) The board consists of sixteen persons, including two nonvoting members pursuant to subsection (2)(d.5) of this section.

(c) The governor shall appoint to the board, with the consent of the senate:

(I) At least one member with experience in one of each of the following areas:

(A) The development of rental housing;

(B) Real estate transactions; and

(C) Public finance; and

(II) At least one member which meets one of the following criteria:

(A) Be the director of a local housing authority;

(B) Be an elected county commissioner from a rural county in the state;

(C) Be an elected county commissioner from a county in the state; and

(D) Be a representative from a nonprofit organization that has experience developing middle-income housing.

(d) In addition to the appointments set forth in subsection (2)(c)(I) of this section, the governor shall appoint to the board:

(I) The director of the office of economic development established in section 24-48.5-101 (1), or the director's designee; and

(II) The director of the division of housing established in section 24-32-704, or the director's designee.

(d.5) In addition to the appointments set forth in subsections (2)(c) and (2)(d) of this section, the senate majority leader and the house majority leader shall each appoint a representative from the general assembly from their respective chambers to be nonvoting board members; except that, if the senate majority leader and the house majority leader are from the same political party, then the senate majority leader and the house minority leader shall each appoint the representative from their respective chambers.

(e) In addition to the requirements of this subsection (2) of this section, when making appointments to the board, reasonable efforts must be made to appoint members that reflect the geographic and demographic diversity of the entire state.

(f) (I) Each member is appointed for a term of four years; except that the terms shall be staggered so that no more than five members' terms expire in the same year.

(II) Notwithstanding the requirements of subsection (2)(f)(I) of this section, the first appointed members shall serve initial terms of two years for four members, three years for five members, and four years for the remaining five members. This subsection (2)(f)(II) is repealed on July 1, 2028.

(g) A member holds office for the member's term until a successor is appointed. Any member is eligible for reappointment, but members are not eligible to serve more than two consecutive full terms. Members of the board serve without compensation for such services but shall be reimbursed for their necessary expenses while serving as a member of the board. Any vacancy must be filled in the same manner as the original appointment for the unexpired term. Any member may be removed by the governor for misconduct, incompetence, neglect of duty, or other cause.

(3) (a) The governor shall make initial appointments of board members in accordance with subsection (2)(b) of this section on or before September 1, 2022, and shall appoint one of the members to serve as the initial chairperson. The initial chairperson has the authority to establish and administer matters related to the initial set up of the authority, including staffing, legal services, or to coordinate with the office of economic development, created in section 24-48.5-101 (1), or the department of local affairs, created in section 24-1-125 (1), on administrative matters and other matters related to the initial set up and operation of the authority, which contracts shall be for a term of no longer than one year from September 1, 2022, and shall be ratified by the board at its initial meeting set forth in subsection (4)(a) of this section.

(b) The authority may hire staff as it deems necessary or convenient to administer this part 11, and the office of economic development or the department of local affairs may assist the authority with administering this part 11. The authority may cooperate and enter into contracts with the office of economic development or the department of local affairs, or with another agency or entity, for administrative or operations matters, including for staffing. The authority shall pay the office of economic development, the department of local affairs, or another agency or entity that the authority has entered into a contract with for all costs incurred for services, staffing, and administrative costs that are approved by the initial chairperson and ratified by the board or that are approved by the authority. Nothing in this part 11 precludes the authority from hiring staff and entering into contracts concurrently as the authority deems necessary or convenient for administration or operations matters.

(4) (a) Within thirty days of the governor's initial appointments pursuant to subsections (2) and (3) of this section, the initial chairperson of the board as designated by the governor shall set dates for the first and second board meetings which must be held before December 31, 2022. The board may elect a new chairperson pursuant to section 29-4-1105 (1)(n) at either initial meeting. Subsequent meetings shall be set by the chairperson of the board.

(b) All meetings of the board are open to the public. No business of the board shall be transacted except at a regular or special meeting at which a quorum consisting of at least a majority of the total membership of the board is present. Any action of the board requires the affirmative vote of a majority of the members present at the meeting.

(c) One or more members of the board may participate in any meeting and may vote through the use of telecommunications devices, including a conference telephone or similar communications equipment. Participation through telecommunications devices constitutes presence in person at the meeting. Use of telecommunications for participation does not supersede any requirements for open meetings otherwise provided by law.

(5) (a) All resolutions and orders of the board must be recorded and authenticated by the signature of the secretary or any assistant secretary of the board. Every legislative act of the board of a general or permanent nature must be by resolution. The book of resolutions, corporate acts, and orders is a public record. A public record must also be made of all other proceedings of the board, minutes of the meetings, annual reports, certificates, contracts, and bonds given by officers, employees, and any other agents of the authority. The account of all money received by and disbursed on behalf of the authority is a public record.

(b) All public records of the authority are subject to the "Colorado Open Records Act", part 2 of article 72 of title 24. All records are subject to any budget and audit laws applicable to the authority and may be subject to regular audit to the extent required by law.

(6) Any board member, employee, or other agent or adviser of the authority who has a direct or indirect interest in any contract, transaction, or proposal with the authority or any interest, direct or indirect, in a nonprofit or for-profit organization submitting a proposal to the authority shall disclose this interest to the authority. This interest must be set forth in the minutes of the authority, and no board member, employee, or other agent or adviser having such interest shall participate on behalf of the authority in the authorization of any such contract or transaction.

(7) No part of the revenues or assets of the authority shall inure to the benefit of, or be distributed to, its members or officers or any other private persons or entities.

(8) The authority shall not discriminate based on race, creed, color, national origin, ancestry, religion, sex, gender, sexual orientation, gender identity, gender expression, marital status, familial status, military status, handicap, or physical or mental disability and will otherwise comply with fair housing laws.

(9) Bonds, contracts, and any other obligation or liability of the authority are special limited obligations of the authority and are not bonds, contracts, obligations, or otherwise liabilities of the state. The state has no obligation or liability with respect to any bonds, contracts, or other obligation or liability of the authority.

(10) The authority is a "public entity" as set forth in sections 24-10-103 (5) and 11-57-203 (3) and a "special purpose authority" as set forth in section 24-77-102 (15).

(11) The authority and its corporate existence continues until terminated by law; except that no such law shall take effect so long as the authority has bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment of such obligations. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations shall pass to and be vested in the state.

(12) (a) The income and revenue of the authority, all property at any time owned by the authority, the affordable rental housing component of property in a public-private partnership, all bonds issued by the authority, the interest on and other income from such bonds, and the transfer of such bonds are exempt from income taxation, real and personal property taxation, and all other taxation and assessments in the state. The purchase and use of property by or for the benefit of the authority and the purchase and use of property that is the affordable rental housing component of a public-private partnership are exempt from sales and use taxes imposed by the state, a county, a city and county, a city, any other political subdivision of the state, or local government entity. In the resolution or indenture authorizing bonds, the authority may waive the exemption from federal income taxation for interest on the bonds. The authority may agree to make payments in lieu of property or sales and use taxes to the state, a county, a city and county, a city, any political subdivision of the state, or local government entity.

(b) Property sold by the authority or otherwise not owned by the authority, a controlled entity, or other governmental entity exempt from taxation and property that is not the affordable rental housing component in a public-private partnership shall be subject to all taxation and assessments imposed by the state, a city, a county, a city and county, any other political subdivision of the state, or a local governmental entity.

(c) If the authority desires to voluntarily sell an affordable rental housing project, it shall notify in writing relevant public entities, including state agencies, local governments, and public housing authorities in the area in which the project is located. Notice must include a description of the property to be sold. Notified public entities have ninety days after the date of notice to submit a proposed purchase and sale agreement, and obtain binding commitment for any necessary financing or guarantees. After the ninety-day period has elapsed, the authority may broadly advertise the sale, and favor buyers that agree to maintain the project as affordable housing, provided that the financial terms of the purchase are sufficient to satisfy all of the authority's obligations with respect to the project.

(d) (I) Within two weeks of the authority acquiring an affordable rental housing project that is tax exempt pursuant to subsection (12)(a) of this section or entering into a public-private partnership through which the affordable rental housing component is tax exempt pursuant to subsection (12)(a) of this section, the authority shall provide notice of the acquisition or of the public-private partnership to the county assessor in the county in which the affordable rental housing project is located. The notice must include the property address, the assessor's parcel identification number for the property, and the date on which the property was acquired by the authority and became tax exempt or the date on which the authority entered into the public-private partnership and the affordable rental housing component of the property became tax exempt. If the authority is providing notice pursuant to this subsection (12)(d)(I) because it has entered into a public-private partnership, the authority shall also provide a copy of the contract or agreement for the public-private partnership with the notice.

(II) On or before January 15 of each year, the authority shall submit a comprehensive list of all affordable rental housing projects that are tax exempt pursuant to subsection (12)(a) of this section to each county assessor in the counties in which the affordable rental housing projects are located. The list must include for each affordable rental housing project, the property address, the assessor's parcel identification number for the property, and the date on which the property was acquired by the authority and became tax exempt or the date on which the authority entered into the public-private partnership and the affordable rental housing component of the property became tax exempt.

(13) A gift or contribution to or for the use of the authority for use in connection with the activities of the authority is treated as a gift to a political subdivision of the state made exclusively for public purposes.

(14) (a) The authority shall conduct an annual audit of its finances and shall adopt a budget and work plan for each fiscal year. The authority shall submit to the governor, the state auditor, and the general assembly within six months after the end of the state fiscal year a report that shall set forth a complete and detailed operating and financial statement of the authority during such year. The report may also include any recommendations for legislation or other action that may be necessary to carry out the purposes of the authority.

(b) On a quarterly basis, the authority shall submit a report to the governor, to the state auditor, and to the senate committees on finance and health and human services or any successor committee, and the house of representatives committees on finance, health and insurance and public and behavioral health and human services or any successor committees. Any developer or operator of an affordable rental housing project must provide to the authority information required by this subsection (13)(b). The report shall include for each affordable rental housing project:

(I) The number of units developed and must specify for income-restricted units at what area median income levels;

(II) The number of units occupied;

(III) The average area median income being served;

(IV) The actual rents charged for each unit;

(V) Actual incomes of households residing within the units and length of occupancy;

(VI) The average market rent for a unit of the same type, size, and amenities prior to the development of an affordable rental housing project;

(VII) The average market rent for a unit of the same type, size, and amenities after one year of occupancy of at least fifty percent of the units developed in the affordable rental housing project, and for each year thereafter;

(VIII) The amount of middle-income rental savings accrued to the local community from the development;

(IX) The amount of tax exemptions accrued; and

(X) The rents charged and occupancy rates of nonincome restricted units of housing.
C.R.S. § 29-7.5-106 — CO Code / Title 29 / Article 7.5 / Section 29-7.5-106
29-7.5-106. When liability is not limited
Status: in_force

29-7.5-106. When liability is not limited. Nothing in this article limits in any way any liability which would otherwise exist for loss, injury, or death due to gross negligence or willful misconduct. If the provisions of article 41 of title 33, C.R.S., also apply to persons for whom liability is limited pursuant to section 29-7.5-105, the liability and limitations on liability in this article shall supersede article 41 of title 33, C.R.S.
C.R.S. § 29-2-104 — CO Code / Title 29 / Article 2 / Part 1 / Section 29-2-104
29-2-104. Adoption procedures - repeal
Status: repealed

29-2-104. Adoption procedures - repeal. (1) A proposal for a countywide sales tax, use tax, or both shall be referred to the registered electors of the county either by resolution of the board of county commissioners or by petition initiated and signed by five percent of the registered electors of the county. The right of petition allowed pursuant to this subsection (1) shall extend only to the initial proposal of a tax and shall not extend to the extension of an expiring tax, use of tax revenues, or changes in distribution of tax revenues among local governments.

(2) Such proposal shall contain a description of the tax in accordance with the provisions of this article and shall make provision for any distribution of revenue collections between the county and the incorporated cities and towns within the county. Such proposal shall also state the amount of tax to be imposed. Unless otherwise agreed to by the governing bodies of the county and municipalities within the county, any use tax proceeds shall be distributed among such county and municipalities in the same proportion as the sales tax proceeds distributed to each jurisdiction.

(3) A proposal for a countywide sales tax, use tax, or both, by resolution of the board of county commissioners, shall be submitted at the next regular general election if there is one within the next succeeding one hundred twenty days after the adoption of such resolution. If no general election is scheduled within such time, the board of county commissioners, in its resolution, shall submit the same to the registered electors of the county at a special election called for the purpose, to be held not less than thirty days nor more than ninety days after the adoption of such resolution.

(4) Upon being presented with a petition requesting a proposal for a countywide sales tax, use tax, or both signed by five percent of the registered electors of the county, the board of county commissioners shall, upon certification of the signatures on the petition, submit such proposal to the registered electors of the county. The proposal shall be submitted at the next general election if there is one within one hundred twenty days of the filing of the petition. If no general election is scheduled within one hundred twenty days following the date of filing of the petition, the board of county commissioners shall submit such proposal at a special election called not less than thirty days nor more than ninety days from the date of filing of the petition.

(5) Upon the adoption of a resolution by the board of county commissioners as provided in subsection (3) of this section or upon the filing of a proper petition as provided in subsection (4) of this section, the county clerk and recorder shall publish the text of such proposal for a sales tax, use tax, or both four separate times, a week apart, in the official newspaper of the county and each city and incorporated town within the county. The cost of the election shall be paid from the general fund of the county. The conduct of the election shall conform, so far as practicable, to the general election laws of the state.

(6) [Editor's note: This version of subsection (6) is effective until July 1, 2025.] If approved by a majority of the registered electors voting thereon, the countywide sales tax, use tax, or both shall become effective as provided by section 29-2-106 (2).

(6) [Editor's note: This version of subsection (6) is effective July 1, 2025.] If approved by a majority of the registered electors voting thereon, the countywide sales tax, use tax, or both shall become effective as provided in section 29-2-205.

(7) (a) If a majority of the registered electors voting thereon fail to approve the countywide sales tax, use tax, or both at any election, the question shall not be submitted again to the registered electors for a period of one year three hundred fifty days.

(b) This subsection (7) is repealed, effective July 1, 2025.
C.R.S. § 29-1-304.8 — CO Code / Title 29 / Article 1 / Part 3 / Section 29-1-304.8
29-1-304.8. Programs not delegated by the general assembly
Status: in_force

29-1-304.8. Programs not delegated by the general assembly. (1) A local district, within the meaning of section 20 (2) of article X of the state constitution, shall not reduce or end its subsidy pursuant to section 20 (9) of said article to any program if:

(a) The program is one of the inherent powers, duties, or functions of an officer whose office is created as a county office by the state constitution, including but not limited to the county clerk and recorder, the county sheriff, the county coroner, the county treasurer, the county surveyor, the county assessor, and the county attorney; or

(b) The program is required by the state constitution to be administered by the local district, including but not limited to duties related to the maintenance of the state court system and the equalization of property tax assessments.

(2) Nothing in the general assembly's enactment of a requirement that a local district contribute toward the funding of a program operated by an agency or officer which is not under the jurisdiction of that local district, including but not limited to the requirement that counties pay a portion of the costs of maintaining the office of the district attorney, shall imply that the general assembly has delegated the program to the local district for administration within the meaning of section 20 (9) of article X of the state constitution.

(3) A board of county commissioners shall not cease exercising or performing its inherent legislative, executive, or quasi-judicial powers, duties, or functions in the guise of reducing or ending its subsidy to a program pursuant to the provisions of section 20 (9) of article X of the state constitution.

(4) As used in this section:

(a) "Administration" means the executive management or superintendence of public affairs, as distinguished from policy-making.

(b) "Inherent" means in the essential character of or belonging by nature or settled habit to.
C.R.S. § 29-35-204 — CO Code / Title 29 / Article 35 / Part 2 / Section 29-35-204
29-35-204. Transit-oriented community housing opportunity goal calculation - preliminary tr
Status: in_force

29-35-204. Transit-oriented community housing opportunity goal calculation - preliminary transit-oriented community assessment report - housing opportunity goal compliance - insufficient water supplies for meeting a housing opportunity goal - affordability and displacement mitigation strategies - housing opportunity goal report - legislative declaration. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a) Transit ridership, land use development patterns, affordability and availability of housing, roads, and greenhouse gas emissions from the transportation sector are interconnected issues that have impacts and concerns well beyond the borders of a single local community;

(b) Colorado has an interest in ensuring a stable quantity and quality of housing in alignment with population growth and ensuring that shared resources, investments, and goals such as roads, infrastructure, transit, air quality, water, and greenhouse gas mitigation are protected in the process; and

(c) Increasing housing density in transit-oriented communities is a matter of mixed statewide and local concern that requires statewide cooperation.

(2) Housing opportunity goal calculation. A transit-oriented community shall calculate its housing opportunity goal by multiplying the total area of the transit areas, as defined in the transit areas map created pursuant to section 29-35-207 (1), within the local government's jurisdiction, exclusive of the exempt parcels in those transit areas, by forty dwelling units per acre.

(3) Preliminary transit-oriented community assessment report. (a) On or before June 30, 2025, a transit-oriented community shall, in a form and manner determined by the department, submit a preliminary transit-oriented community assessment report that includes:

(I) The transit-oriented community's housing opportunity goal and the data and method the transit-oriented community used to calculate its housing opportunity goal; and

(II) A map of existing zoning districts within the transit-oriented community that may qualify as transit centers and preliminary evidence for this qualification, including the standards applicable to these zoning districts.

(b) If applicable, a transit-oriented community may include in the report described in subsection (3)(a) of this section any affordability or displacement strategies that the transit-oriented community has implemented.

(c) The department shall review a preliminary transit-oriented community assessment report submitted by a transit-oriented community pursuant to this subsection (3) and either provide written notice approving the report or provide direction for amending and resubmitting the report.

(4) Housing opportunity goal compliance. On or before December 31, 2027, a transit-oriented community shall satisfy the following criteria, which must be satisfied to qualify as a certified transit-oriented community. A transit-oriented community shall:

(a) Designate areas within the transit-oriented community as transit centers and ensure that those areas satisfy the requirements in section 29-35-205;

(b) Ensure that the total zoning capacity for all transit centers within the transit-oriented community is greater than or equal to the transit-oriented community's housing opportunity goal;

(c) Submit a housing opportunity goal report and have the report approved by the department pursuant to subsection (8) of this section; and

(d) Three years after submitting a housing opportunity goal report pursuant to subsection (8) of this section, and every three years thereafter, submit a status report pursuant to subsection (9) of this section that is approved by the department.

(5) Insufficient water supplies for meeting a housing opportunity goal. (a) On or before December 31, 2026, and every three years thereafter, a transit-oriented community may submit a notice, in a form and manner determined by the department, that the supply of water from all water supply entities, as defined in section 29-20-302 (2), that serve the transit-oriented community is insufficient during the next three-year period to provide the domestic water service necessary to meet the transit-oriented community's housing opportunity goal. The water supply entities shall provide information and assistance as necessary to complete the notice allowed by this subsection (5). The notice allowed by this subsection (5) must include, but is not limited to:

(I) An analysis of water demand based on:

(A) Projected housing and population growth, as estimated by the state demography office or a relevant metropolitan planning organization; and

(B) A reasonable zoning capacity buffer, as estimated based on relevant local, regional, or state data.

(II) Any data, professional opinions, or other information used to create the analysis in subsection (5)(a)(I) of this section;

(III) Documentation demonstrating both an up-to-date water supply plan that complies with section 29-20-304 (3) and an up-to-date water efficiency plan that complies with section 37-60-126 (1) to (5); and

(IV) A proposal that may include:

(A) Evidence that the water supply entity lacks adequate water supply to provide the amount of water identified in subsection (5)(a)(I) of this section; and

(B) A request for a modification of the housing opportunity goal during the next three-year period based on the analysis of water demand identified in subsection (5)(a)(I) of this section.

(b) Upon receiving the notice described in subsection (5)(a) of this section, the department shall review the notice and determine whether to accept, provide comment on, or deny the proposal described in subsection (5)(a)(IV) of this section.

(6) Affordability strategies. (a) On or before December 31, 2026, a transit-oriented community shall identify affordability strategies that it will implement or has already implemented while meeting its housing opportunity goal. In so doing, the transit-oriented community shall identify affordability strategies based on the demonstrated housing needs within the transit-oriented community, including for-sale and rental housing needs and the housing needs of low-, moderate-, and medium-income households, as designated by the United States department of housing and urban development.

(b) (I) On or before December 31, 2026, a transit-oriented community shall include the following in its housing opportunity goal report submitted pursuant to subsection (8)(a)(IV) of this section:

(A) At least two strategies included in the standard affordability strategies menu described in section 29-35-208 (1) that the transit-oriented community identified pursuant to subsection (6)(a) of this section and intends to implement;

(B) At least one strategy included in the long-term affordability strategies menu described in section 29-35-208 (2) that the transit-oriented community identified pursuant to subsection (6)(a) of this section and intends to implement; and

(C) An implementation plan describing how the transit-oriented community has or will implement the affordability strategies identified pursuant to subsections (6)(b)(I)(A) and (6)(b)(I)(B) of this section.

(II) For purposes of satisfying the requirements of this subsection (6)(b), a transit-oriented community shall not:

(A) Count one or both of the strategies described in sections 29-35-208 (1)(e) and (2)(c) toward satisfying the requirements of both subsections (6)(b)(I)(A) and (6)(b)(I)(B) of this section; or

(B) Count any strategy described in section 29-35-208 that is otherwise required by state law.

(7) Displacement mitigation strategies. On or before December 31, 2026, a transit-oriented community shall include the following in its housing opportunity goal report, pursuant to subsection (8)(a)(V) of this section:

(a) Two displacement mitigation strategies that the transit-oriented community has adopted or will adopt from the long-term displacement mitigation strategies menu developed by the department pursuant to section 29-35-209 (3) to mitigate displacement risks while meeting its housing opportunity goal; and

(b) An implementation plan describing how the transit-oriented community will implement the displacement mitigation strategies it identifies pursuant to subsection (7)(a) of this section.

(8) Housing opportunity goal report. (a) On or before December 31, 2026, a transit-oriented community shall submit a housing opportunity goal report to the department in a form and manner determined by the department. If a transit-oriented community cannot include any of the following items in its housing opportunity goal report on or before December 31, 2026, the transit-oriented community shall indicate why it cannot do so and its progress toward being able to include those items in its housing opportunity goal report. The report must include the following, along with any other elements identified by the department:

(I) The transit-oriented community's housing opportunity goal;

(II) Evidence that the transit-oriented community has met its housing opportunity goal pursuant to subsection (4)(b) of this section;

(III) A map that identifies the boundaries of any transit centers within the transit-oriented community and evidence that those areas satisfy the requirements in section 29-35-205;

(IV) Affordability strategies identified pursuant to subsections (6)(b)(I)(A) and (6)(b)(I)(B) of this section and the implementation plan described pursuant to subsection (6)(b)(I)(C) of this section;

(V) Displacement mitigation strategies identified pursuant to subsection (7)(a) of this section and the implementation plan described pursuant to subsection (7)(b) of this section;

(VI) A description of community engagement that the transit-oriented community conducted in the process of meeting its housing opportunity goal, identifying affordability strategies pursuant to subsections (6)(b)(I)(A) and (6)(b)(I)(B) of this section and identifying displacement mitigation strategies pursuant to subsection (7)(a) of this section; and

(VII) If applicable, and if the transit-oriented community so chooses, evidence that the transit-oriented community has satisfied the requirements of subsection (5) of this section.

(b) The department shall review a housing opportunity goal report submitted by a transit-oriented community pursuant to subsection (8)(a) of this section and provide written notice that either:

(I) Approves the report and affirms that the transit-oriented community has satisfied the relevant requirements of this section and is therefore considered a certified transit-oriented community; or

(II) Provides direction for amending and resubmitting the report and requires that the transit-oriented community resubmit the report within ninety days of receiving the written notice.

(c) If the department has not approved a transit-oriented community's housing opportunity goal report on or before December 31, 2027, the department shall provide the transit-oriented community written notice that the transit-oriented community is in non-compliance with this part 2 and is not a certified transit-oriented community.

(d) (I) The department shall identify certified transit-oriented communities for the purpose of establishing eligibility for state grant and incentive programs.

(II) Pursuant to section 29-35-210 (6), a certified transit-oriented community is eligible for the award of a transit-oriented communities infrastructure grant program grant.

(III) The department shall identify certified transit-oriented communities, including compliance with the requirements for affordability strategies in subsection (8)(a)(IV) of this section and displacement mitigation strategies in subsection (8)(a)(V) of this section, for the purposes of establishing eligibility for the Colorado affordable housing in transit-oriented communities income tax credit in part 54 of article 22 of title 39.

(9) Status report. (a) Every three years after submitting a housing opportunity goal report pursuant to subsection (8)(a) of this section, a transit-oriented community shall submit a status report to the department in a form and manner determined by the department that confirms that the transit-oriented community is still a certified transit-oriented community.

(b) The department shall review a status report submitted by a transit-oriented community pursuant to subsection (9)(a) of this section and provide written notice that either:

(I) Approves the report and affirms that the transit-oriented community has satisfied the relevant requirements of this section and is therefore considered a certified transit-oriented community; or

(II) Provides direction for amending and resubmitting the report and requires that the transit-oriented community resubmit the report within ninety days of receiving the written notice.

(c) If a transit-oriented community fails to submit a status report to the department pursuant to subsection (9)(a) of this section or fails to submit an amended status report pursuant to subsection (9)(b)(II) of this section, the department shall provide the transit-oriented community written notice stating that the transit-oriented community will not be deemed a certified transit-oriented community.
C.R.S. § 29-4-207 — CO Code / Title 29 / Article 4 / Part 2 / Section 29-4-207
29-4-207. Interested commissioners or employees
Status: in_force

29-4-207. Interested commissioners or employees. No commissioner or employee of an authority shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any commissioner or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he shall immediately disclose the same in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office.
C.R.S. § 29-35-301 — CO Code / Title 29 / Article 35 / Part 3 / Section 29-35-301
29-35-301. Legislative declaration
Status: in_force

29-35-301. Legislative declaration. (1) The general assembly finds, determines, and declares that:

(a) There is an extraterritorial impact when local governments enact land use decisions that require a minimum amount of parking spaces;

(b) Residential developments frequently have more parking than is utilized, which adds to housing costs and encourages additional vehicle ownership and vehicle miles traveled. According to the regional transportation district study titled "Residential Parking in Station Areas: A Study of Metro Denver", unsubsidized housing developments near regional transportation district stations provide forty percent more parking than residents utilize at peak times, and income-restricted housing developments provide fifty percent more parking than is used.

(c) The 2021 study "Parking & Affordable Housing" of parking utilization at affordable housing developments along the front range found that half of parking spaces built on average go unused, and that requirements can be up to five times the need especially for buildings serving lower area median incomes;

(d) Local government land use decisions that require a minimum amount of parking spaces beyond what is necessary to meet market demand increase vehicle miles traveled and associated greenhouse gas emissions. According to a University of California Institute of Transportation Studies article titled "What Do Residential Lotteries Show Us About Transportation Choices?", higher amounts of free parking provided in residential developments cause higher rates of vehicle ownership, higher rates of vehicle miles traveled, and less frequent transit use.

(e) According to the study "Effects of Parking Provision on Automobile Use in U.S. Cities: Inferring Causality" in the journal Transportation Research Record, an increase in parking provisions from one-tenth to one-half parking space per person is associated with an increase in automobile mode share of roughly thirty percent;

(f) According to the article "Households with Constrained Off-Street Parking Drive Fewer Miles" in the journal Transportation, vehicle ownership rates are fourteen percent higher for households with more than one available parking space per unit compared to those with one or fewer, and for every additional vehicle per household, the household travels on average seventeen more miles of total vehicle miles traveled per day;

(g) Coloradans drive more miles per person than they used to, which puts stress on transportation infrastructure and increasing household costs. Since 1981, per capita vehicle miles traveled in Colorado have risen by over twenty percent according to data from the federal highway administration.

(h) Increased vehicle ownership and the resulting vehicle miles traveled impact neighboring jurisdictions by increasing congestion, roadway infrastructure maintenance costs, air pollution, noise, and greenhouse gas emissions;

(i) Given the close proximity and interconnected nature of jurisdictions within Colorado's metropolitan regions, many residents travel frequently between jurisdictions for work, shopping, recreation, and other trips;

(j) In Colorado's major cities, a significant share of employees commute to jobs in the city but live elsewhere, including seventy percent of employees in Denver, forty-five percent in Colorado Springs, sixty percent in Fort Collins, fifty percent in Pueblo, and sixty-five percent in Grand Junction, according to 2021 data from the federal census;

(k) Excessive parking requirements limit compact, walkable development by mandating additional space between uses, which then necessitates driving to reach most destinations;

(l) Lower density development has lowered revenue and increased capital and maintenance costs compared to more compact development. National studies, such as the article "Relationships between Density and per Capita Municipal Spending in the United States", published in Urban Science, have found that lower density communities have higher government capital and maintenance costs for water, sewer, and transportation infrastructure and lower property and sales tax revenue. These increased costs are often borne by both state and local governments.

(m) Vehicle traffic, which increases when land use patterns are more dispersed, contributes twenty percent of nitrogen oxide emissions, a key ozone precursor, according to the executive summary of the Moderate Area Ozone state implementation plan for the 2015 Ozone National Ambient Air Quality Standards by the Regional Air Quality Council;

(n) The United States environmental protection agency has classified the Denver metro area and the north front range area as being in severe nonattainment for ozone and ground level ozone, which has serious impacts on human health, particularly for vulnerable populations;

(o) According to the greenhouse gas pollution reduction roadmap, published by the Colorado energy office and dated January 14, 2021, the transportation sector is the single largest source of greenhouse gas pollution in Colorado;

(p) Nearly sixty percent of the greenhouse gas emissions from the transportation sector come from light-duty vehicles, the majority of cars and trucks that Coloradans drive every day;

(q) Section 43-1-128 (3) directs the department of transportation to establish greenhouse gas reduction targets, guidelines, and procedures for state and regional transportation plans, and the resulting greenhouse gas planning rule and associated mitigation policy directives include a list of greenhouse gas mitigation measures to achieve those targets, including the elimination of minimum parking requirements and other parking management strategies;

(r) Local government land use decisions that require a minimum amount of parking spaces increase the cost of new residential projects, which increases housing costs. According to the regional transportation district study titled "Residential Parking in Station Areas: A Study of Metro Denver", structured parking spaces in the Denver metropolitan area cost twenty-five thousand dollars each to build in 2020 and use space that would otherwise be used for revenue generating residential units, decreasing the profitability of residential development. As a result, parking requirements that necessitate the construction of structured parking spaces may discourage developers from building new residential projects, or, if they do move forward with projects, force them to recoup the costs of building excessive parking by increasing housing prices.

(s) Off-street surface parking costs up to ten thousand dollars per space, and each space requires up to two and one-half times its square footage to accommodate. As a result, off-street surface parking requirements also may discourage developers from building new residential projects, or, if they do move forward with projects, force them to build fewer units than they otherwise could and recoup the excessive cost by increasing home prices and rents. An analysis conducted by the Parking Reform Network found that an off-street parking space can add between two hundred and five hundred dollars per month in rent. Whether these costs are necessary varies from one building project to the next, and those variables are not accounted for in mandated parking minimums.

(t) Minimum parking requirements put small businesses at a disadvantage relative to large corporations. Large corporations have more capital at their disposal to fulfill costly parking requirements and are less reliant on foot traffic, human-scale visibility, and a sense of place to attract customers.

(u) Impervious surfaces such as those built for vehicle parking create an urban heat island effect, contributing to rising temperatures, increasing energy costs for air conditioning, and worsening ground level air quality. Excessive land coverage of this kind makes stormwater management difficult and expensive, and contributes to flash flooding and erosion, causing interjurisdictional conflicts and legal disputes.

(2) Therefore, the general assembly declares that the required minimum amount of parking spaces for a real property is a matter of mixed statewide and local concern.
C.R.S. § 29-15-107 — CO Code / Title 29 / Article 15 / Section 29-15-107
29-15-107. Payment of tax anticipation notes
Status: in_force

29-15-107. Payment of tax anticipation notes. All ad valorem taxes on real and personal property, investment, proceeds on the ad valorem taxes, or the proceeds from tax anticipation notes received by the public body after the issuance of the tax anticipation notes, except taxes collected for retirement of existing debt, shall be paid into a special fund to be known as the tax anticipation note principal and interest redemption fund until such time as the moneys in such fund are sufficient to pay when due the principal of and the premiums, if any, and interest on the tax anticipation notes. All moneys in such fund not in excess of the amount required for such purpose shall be used to pay the principal of and the premiums, if any, and interest on the tax anticipation notes and shall be used for no other purpose.
C.R.S. § 29-5-602 — CO Code / Title 29 / Article 5 / Part 6 / Section 29-5-602
29-5-602. Legislative declaration
Status: in_force

29-5-602. Legislative declaration. (1) The general assembly finds and declares that:

(a) It is important to provide Colorado peace officers with access to life-saving health screenings that have been proven to mitigate the physical health effects of exposure to multiple traumatic events experienced by peace officers in the course of their duties;

(b) Exposure to these traumatic events and other job-related stress factors are associated with early onset cardiac disease and other cardiac-related health issues that are found at a much higher rate among peace officers;

(c) Early intervention has been found to be key in combating the tragic health consequences of working in public safety;

(d) This part 6 provides funding for costs associated with obtaining these important screenings and other recommended testing;

(e) While other screening may be available, the screenings provided through a trust model are targeted and tailored to individuals serving in public safety roles;

(f) The trust model has been proven to be successful and should be adopted statewide in order to screen more public safety personnel;

(g) Cardiac and other health screenings are an efficient use of public resources because early screening can help public safety personnel get necessary treatment and avoid much higher costs; and

(h) This vital screening may allow seasoned professionals to serve in positions longer, saving resources that would be necessary to train new employees.
C.R.S. § 29-35-405 — CO Code / Title 29 / Article 35 / Part 4 / Section 29-35-405
29-35-405. Accessory dwelling unit fee reduction and encouragement grant program - created
Status: repealed

29-35-405. Accessory dwelling unit fee reduction and encouragement grant program - created - application - criteria - awards - fund - reporting requirements - rules - definitions - repeal. (1) The accessory dwelling unit fee reduction and encouragement grant program is created in the department to provide grants to accessory dwelling unit supportive jurisdictions for activities that promote the construction of accessory dwelling units, including but not limited to, 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, reducing, or providing financial assistance for accessory dwelling unit associated fees and other required costs.

(2) Grant recipients may use the money received through the grant program to offset both eligible costs and the cost of waiving, reducing, or providing financial assistance for reasonable and necessary accessory dwelling unit fees and other required costs for:

(a) Low- and moderate-income households;

(b) Affordable accessory dwelling units;

(c) Accessible or visitable accessory dwelling units;

(d) Accessory dwelling units used as long-term rentals for members of the local workforce; or

(e) Accessory dwelling units used to support other demonstrated housing needs in the community.

(3) The department shall administer the grant program and, subject to available appropriations, provide technical assistance, develop a toolkit to support local governments in encouraging accessory dwelling unit construction, receive grant applications and award grants as provided in this section.

(4) To receive a grant, an accessory dwelling unit supportive jurisdiction must submit an application to the department in accordance with the policies and procedures developed by the department pursuant to subsection (9) of this section. At a minimum, the application must include the following:

(a) A copy of the certificate issued by the department pursuant to section 29-35-404 certifying that the local government is an accessory dwelling unit supportive jurisdiction;

(b) The number of accessory dwelling units that the local government has permitted and when the local government permitted those accessory dwelling units;

(c) The type and costs of fees and other eligible costs that the local government is proposing to use a grant award to pay for;

(d) The number of accessory dwelling units that the local government expects to support with a grant award and the period for which the local government intends to support those accessory dwelling units; and

(e) Information about the types of households and accessory dwelling units that the local government intends to support with a grant award, such as whether the local government intends to support low- and moderate-income households, affordable accessory dwelling units, accessible or visitable accessory dwelling units, accessory dwelling units for housing the local workforce, or accessory dwelling units supporting other demonstrated housing needs in the community.

(5) The department shall review the applications received pursuant to subsection (4) of this section. In awarding grants, the department shall give priority to local governments that:

(a) Impose accessory dwelling unit fees and costs that are reasonable and necessary;

(b) Have demonstrated a significant commitment to further construction and conversion of accessory dwelling units through the adoption of strategies described in section 29-35-404 (1)(a)(II); and

(c) Provide offsets for, or waive a greater number of accessory dwelling unit fees for:

(I) Low- and moderate-income households; or

(II) Accessory dwelling units that are rented to low- and moderate-income households.

(6) In awarding a grant, the department shall award a local government an amount equal to no more than fifteen thousand dollars per accessory dwelling unit permitted by the local government, to be reimbursed based on the number of permitted accessory dwelling units.

(7) (a) The accessory dwelling unit fee reduction and encouragement grant program fund is created in the state treasury. The fund consists of any money that the general assembly may transfer or appropriate to the fund and gifts, grants, or donations credited to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(b) Subject to annual appropriation by the general assembly, the department may expend money from the fund for the purpose of implementing and administering the grant program.

(c) On or before June 30, 2024, the state treasurer shall transfer five million dollars from the general fund to the fund.

(8) In accordance with the policies and procedures developed by the department pursuant to subsection (9) of this section, each local government that receives a grant through the grant program shall submit a report to the department. At a minimum, the report must include the following information:

(a) The number of accessory dwelling units with accessory dwelling unit fees or costs that local governments waived, reduced, or provided financial assistance for in the past year;

(b) The total amount of eligible costs that local governments incurred and were reimbursed for through the grant program in the past year in connection with the grant program;

(c) The number of the accessory dwelling units described in subsection (8)(a) of this section that were built in the past year that were built by low- and moderate-income households, that are affordable accessory dwelling units, and that are visitable or accessible accessory dwelling units;

(d) The number of accessory dwelling units that are factory-built residential structures, as defined in section 24-32-3302 (10); and

(e) The number of accessory dwelling unit permits awarded, denied, or in progress in the local government's jurisdiction.

(9) The department shall implement the grant program in accordance with this section. The department shall develop, in consultation with the department of transportation, the Colorado energy office, and the Colorado office of economic development, policies and procedures both as required in this section and as may be necessary to implement the grant program.

(10) As used in this section, unless the context otherwise requires:

(a) "Accessory dwelling unit fee" means a reasonable and necessary fee collected or required by a local government in connection with the construction or conversion of an accessory dwelling unit. Such a fee may include impact fees.

(b) (I) "Eligible costs" means costs incurred by a local government and determined by the department to be incurred in connection with developing pre-approved accessory dwelling unit plans, providing technical assistance to persons converting or constructing accessory dwelling units, or other reasonable and necessary fees levied by or costs borne by the local government for the construction or conversion of an accessory dwelling unit.

(II) Notwithstanding subsection (10)(b)(I) of this section, in order for costs incurred by a local government in connection with developing pre-approved accessory dwelling unit plans to qualify as eligible costs, at least one such pre-approved accessory dwelling unit plan must be for an accessible or visitable accessory dwelling unit.

(c) "Fund" means the accessory dwelling unit fee reduction and encouragement grant program fund created in subsection (7) of this section.

(d) "Grant program" means the accessory dwelling unit fee reduction and encouragement grant program created in this section.

(11) This section is repealed, effective December 31, 2030.
C.R.S. § 29-1-1502 — CO Code / Title 29 / Article 1 / Part 15 / Section 29-1-1502
29-1-1502. Definitions
Status: in_force

29-1-1502. Definitions. As used in this part 15, unless the context otherwise requires:

(1) "Historically underutilized business" means a business that is at least fifty-one percent owned and controlled, in both the management and day-to-day business decisions, by one or more individuals who are:

(a) United States citizens or permanent residents; and

(b) One or more of the following:

(I) Members of a racial or ethnic minority group;

(II) Non-Hispanic Caucasian women;

(III) Persons with physical or mental disabilities;

(IV) Members of the lesbian, gay, bisexual, and transgender community; or

(V) Veterans.

(2) "Local government" means any county, city and county, city, town, or special district, including any county, city and county, city, or town that has adopted a home rule charter, and any school district organized and existing pursuant to article 20 of title 22, but not including a local college district.

(3) "Persons with physical or mental disabilities" means persons who:

(a) Have impairments that substantially limit one or more major life activities;

(b) Are regarded generally by the community as having a disability; and

(c) Whose disabilities substantially limit their ability to engage in competitive business.

(4) "Procurement" means all types of local government purchasing by contract for construction, professional services, goods, or other services.

(5) "Program" means a historically underutilized business preference program for local government procurement.

(6) "Racial or ethnic minority group" means:

(a) African American persons, meaning individuals having origins in any of the black racial groups;

(b) Hispanic American persons, including persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

(c) Asian American persons, including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, the United States territories of the Pacific, or the Northern Mariana Islands; or persons whose origins are from subcontinent Asia, including persons whose origins are from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal; or

(d) Native American persons, including persons who are American Indians, Eskimos, Aleuts, or Hawaiians of Polynesian descent.

(7) "Veterans" means persons who actively served in the United States armed forces and who were discharged or released under conditions other than bad conduct or dishonorable, in accordance with U.S.C. title 38, as amended. "Veterans" includes persons serving or who served in the National Guard or as reservists.
C.R.S. § 29-11.8-102 — CO Code / Title 29 / Article 11.8 / Section 29-11.8-102
29-11.8-102. Legislative declaration
Status: in_force

29-11.8-102. Legislative declaration. (1) The general assembly hereby declares that this article 11.8 shall be deemed an exercise of the police powers of the state for the protection of the economic and social welfare and the health, welfare, and safety of the people of this state.

(2) The general assembly further declares that the licensing and regulation of escort bureaus are matters of statewide concern; therefore, this article 11.8 shall be applicable in every city, town, county, and city and county in this state.
C.R.S. § 29-3.5-101 — CO Code / Title 29 / Article 3.5 / Section 29-3.5-101
29-3.5-101. Definitions
Status: in_force

29-3.5-101. Definitions. As used in this article 3.5, unless the context otherwise requires:

(1) "Eligible applicant" means an applicant under a local government assistance program which meets all statutory requirements for eligibility and which complies with all applicable regulations, ordinances, and resolutions.

(2) "Local government assistance program" means any program under which a state agency furnishes a grant or loan of state money, or state property in lieu of money, to units of local government for the purpose of financing or otherwise assisting in any local or regional project.

(3) "State agency" means any board, bureau, commission, department, institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except state educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23.

(4) "Unit of local government" means a county, city and county, city, town, service authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.
C.R.S. § 29-32-104 — CO Code / Title 29 / Article 32 / Section 29-32-104
29-32-104. Permissible expenditures - affordable housing programs - report
Status: in_force

29-32-104. Permissible expenditures - affordable housing programs - report. (1) The office shall contract with the administrator. The office may select an administrator without a competitive procurement process but shall announce the contract opening publicly and select the administrator in a meeting that is open to the public, no less than seventy-two hours after notice of such meeting is publicly available. No single contract may exceed five years in duration. Upon the expiration of any contract term, the office may renew the contract with the same administrator or may select another administrator. The administrator selected by the office shall expend the money transferred to the financing fund in section 29-32-103 (2) that the administrator receives from the office to support the following programs only:

(a) A land banking program to be administered by the administrator. The program shall provide grants to local governments and tribal governments and loans to non-profit organizations with a demonstrated history of providing affordable housing to acquire and preserve land for the development of affordable housing. For purposes of this subsection (1)(a), "affordable housing" means rental housing that has a designated imputed income limit by household size not to exceed sixty percent of the area median income as established by the United States Department of Housing and Urban Development and published by the department or a statewide political subdivision or authority on housing, and regulated units in the project must have a gross rent limit that does not exceed thirty percent of the imputed income limitation applicable to the units and for-sale housing that could be purchased by a household with an annual income of at or below one hundred percent of the area median income. Mixed use development is an allowable use of land purchased under this program if the predominant use of the land is affordable housing. Loans made by the program shall be forgiven if land acquired with the assistance of the program is properly zoned with an active plan for the development of affordable housing within 5 years of date the loan is made and if the development is permitted and funded within 10 years. The lender and borrower may establish additional terms if needed. If land acquired with the assistance of the program is not developed within the timeline above, the loan must be repaid, with interest, as soon as practical, but not more than six months after expiration of said timeline, unless the office agrees to extend all or a portion of the timeline in its reasonable discretion. Land acquired with the assistance of the program that is not developed within the timeline above may be used by the owner for any purpose upon payment of the loan with interest or, in exchange for a waiver of interest, conveyed to a state agency or other entity for the development of affordable housing with the approval of the administrator. All principal and interest payments on loans made under this paragraph (a) shall be paid to the administrator and used by the administrator for the purposes set forth in this subsection (1). As determined by the administrator, a minimum of 15% and a maximum of 25% of monies transferred to the financing fund annually may be used for the program. The administrator may utilize the funds it receives from the office for the program to pay for the costs of administering the program; except that the total combined annual administrative expenditures of money from the financing fund by the administrator and the office shall not exceed two percent of the funds the administrator receives from the office for the program for the state fiscal year.

(b) An affordable housing equity program to be administered by the administrator. The program shall make equity investments in low- and middle-income multi-family rental developments. The program shall also make equity investments in existing projects which include multi-family rental units for the purpose of ensuring that said projects remain affordable. The average designated imputed income by household size for projects funded by the program must not exceed 90% of the area median income as established by the United States Department of Housing and Urban Development and published by the department or a statewide political subdivision or authority on housing, and regulated units in the project must have a gross rent limit that does not exceed thirty percent of the imputed income limitation applicable to the units. The program shall include a tenant equity vehicle, meaning, in projects funded by the program, tenants who reside in the project for at least one year shall be entitled to a share of the equity growth in the project, if any, in the form of funding from the program for a down-payment on housing or related purposes, which may also include ongoing opportunities for tenants to build up their savings, in an amount determined by the administrator. Equity investments made by the program shall be made with the expectation of returns that are below the prevailing market returns. Returns on program investments up to the amount of the program's initial investment shall be retained in the program and reinvested. Returns on program investments greater than the program's initial investment shall be retained in the program to fund the tenant equity vehicle. In selecting investments under this program, the administrator shall prioritize high-density housing, mixed-income housing, and projects consistent with the goal of environmental sustainability. As determined by the administrator, a minimum of 40% of monies and a maximum of 70% of monies transferred to the financing fund annually may be used for the program. The administrator may utilize the funds it receives from the office for the program to pay for the costs of administering the program; except that the total combined annual administrative expenditures of money from the financing fund by the administrator and the office shall not exceed two percent of the funds the administrator receives from the office for the program for the state fiscal year.

(c) A concessionary debt program to be administered by the administrator. The program shall:

(I) Provide debt financing of low- and middle-income multi-family rental developments,

(II) Provide gap financing in the form of subordinate debt and pre-development loans for projects that qualify for federal low income housing tax credits,

(III) Provide debt financing of existing projects for the purpose of preserving existing affordable multi-family rental units;

(IV) Provide debt financing for modular and factory build housing manufacturers; and

(V) Include the following features:

(A) The average designated imputed income by household size for projects funded by the subprograms specified in subsections (1)(c)(I), (1)(c)(II), and (1)(c)(III) of this section must not exceed 60% of the area median income as established by the United States Department of Housing and Urban Development and published by the department or a statewide political subdivision or authority on housing, and a unit in the project must have a gross rent limit that does not exceed thirty percent of the imputed income limitation applicable to the unit; except that where the subprogram is a secondary source of funding, the affordability threshold required by the primary funding source, if any, may be operative. The subprogram specified in subsection (1)(c)(IV) of this section does not have a designated imputed income or rent limit. Debt financing and loans made by the program shall be made at below market interest rates as determined by the administrator. Returns on program investments up to the amount of the program's initial investment shall be retained in the program and reinvested by the administrator in the program established in this subsection (1)(c). Returns on program investments greater than the program's initial investment shall be retained in the program to fund the tenant equity vehicle of the affordable housing equity program created in subsection (1)(b) of this section.

(B) As determined by the administrator, a minimum of 15% of monies and a maximum of 35% of monies transferred to the financing fund annually may be used for the program. The administrator may utilize the funds it receives from the office for the program to pay for the costs of administering the program; except that the total combined annual administrative expenditures of money from the financing fund by the administrator and the office shall not exceed two percent of the funds the administrator receives from the office for the program for the state fiscal year.

(2) In selecting investments to be made by the programs of subsection (1) of this section, the administrator shall prioritize projects that achieve high-density housing, mixed-income housing, and projects consistent with the goal of environmental sustainability, as appropriate.

(3) The division of housing and the division of local government shall expend the money transferred to the support fund in section 29-32-103 (1) to support the following programs only:

(a) An affordable home ownership program administered by the division or one or more contractors of the division. The program shall offer home ownership down-payment assistance to first-time homebuyers and shall prioritize assistance, to the extent practicable, to first-generation homebuyers. The assistance shall be provided to households with income less than or equal to 120% of the area median income of households of that size in the territory or jurisdiction of local government or tribal government in which the housing is located, as calculated and published for a given year by the United States Department of Housing and Urban Development, and the cost of the monthly housing payment towards mortgage principal, mortgage interest, property taxes, mortgage and homeowner's insurance, homeowner association fees, land lease fees, and metropolitan district fees shall not cost more than 35% of monthly household income. The program shall also make grants to non-profits, local governments, tribal governments, community development financial institutions, and community land trusts to support affordable home ownership. The program shall also make grants or loans to groups or associations of mobile home owners and their assignees to assist them with the purchase of a mobile home park pursuant to section 38-12-217. Said grants and loans shall be used to support affordable home ownership for households with income less than or equal to 100% of the area median income of households of that size in the territory or jurisdiction of local government or tribal government in which the households are located, as calculated and published for a given year by the United States Department of Housing and Urban Development, and the cost of the monthly housing payment towards mortgage principal, mortgage interest, property taxes, mortgage and homeowner's insurance, homeowner association fees, land lease fees, and metropolitan district fees shall not cost more than 35% of monthly household income. All principal and interest payments on loans made under this paragraph (a) shall be paid to the division and used by the division for the purposes set forth in this subsection (3). Up to 50% of monies transferred to the support fund annually may be used for the program. The division shall determine how much of the available funding shall be allocated to each aspect of the program. The division may utilize up to 5% of the funds it allocates from the fund for the program each state fiscal year to pay for the direct and indirect costs of administering the program.

(b) A program serving persons experiencing homelessness to be administered by the division. The program shall provide rental assistance, housing vouchers, and eviction defense assistance, including legal, financial, and case management, to persons experiencing homelessness or at risk of experiencing homelessness. The program shall also make grants or loans to non-profit organizations, local governments, tribal governments, or private entities to support the development and preservation of supportive housing for persons experiencing homelessness, and other homelessness related activities the division determines contribute to the resolution of or prevention of homelessness, including housing programs paid for by non-profit organizations, local governments, tribal governments, or private entities on a pay for success basis, meaning an organization, local government, tribal government, or private entity would receive financial support from the program upon achieving objectives contractually agreed upon with the division. All principal and interest payments on loans made under this paragraph (b) shall be paid to the division and used by the division for the purposes set forth in this subsection (3). Up to 45% of monies transferred to the support fund annually may be used for the program. The division may utilize up to 5% of the funds it allocates from the fund for the program each state fiscal year to pay for the direct and indirect costs of administering the program.

(c) A local planning capacity development program administered by the division of local government. The program shall provide grants to local governments and tribal governments to increase the capacity of local government and tribal government planning departments responsible for processing land use, permitting and zoning applications for housing projects. Up to 5% of monies transferred to the support fund annually may be used for the program. The division of local government may utilize up to 5% of the funds that the division of housing allocates from the fund for the program each state fiscal year to pay for the direct and indirect costs of administering the program.

(4) On or before October 1, 2024, and October 1 of the next two years thereafter, the office and division shall respectively provide to the joint budget committee, the senate local government and housing committee, and the house of representatives transportation, housing, and local government committee, or their successor committees, a report about the disbursements from the financing fund and support fund for the prior state fiscal year. In the reports, the office and the division shall include the following information about each affordable housing program:

(a) The applicants for funding, the projects funded, and the projects that were denied, along with the reason for the denial;

(b) The anticipated or actual number of households served and the number of affordable housing rental units and for-sale units funded; and

(c) The geographic distribution of the funding.

(5) If the Legislative Council Staff's March Economic and Revenue Forecast in any given year projects revenue for the next state fiscal year will fall below the revenue limit imposed under section 20 of article X of the state constitution, the general assembly may reduce the funding allocated to the office required by this section for the next state fiscal year in order to balance the state budget for said state fiscal year.
C.R.S. § 29-4-703 — CO Code / Title 29 / Article 4 / Part 7 / Section 29-4-703
29-4-703. Definitions - rules
Status: repealed

29-4-703. Definitions - rules. As used in this part 7, unless the context otherwise requires:

(1) "Authority" means the Colorado housing and finance authority created by this part 7.

(2) "Board" means the board of directors of the Colorado housing and finance authority.

(3) "Bond" means any bond, note, or other obligation of the Colorado housing and finance authority authorized to be issued under this part 7.

(3.1) "Capital" means funds that are provided for the research, development, refinement, or commercialization of a product or process, and funds that are provided for the operation of a business enterprise, including but not limited to the cost of personnel, rent, administrative services, utilities, insurance, equipment, raw materials, work in progress and stock in trade, or debt service on the financing thereof, or such other corporate purposes as may be approved by the board. "Capital" shall not include the cost of facilities that are financed by the authority as a project pursuant to this part 7.

(3.5) "County" means any county within this state.

(4) "Executive director" means the executive director of the Colorado housing and finance authority appointed by the board of directors of said authority.

(4.5) (Deleted by amendment, L. 2007, p. 703, § 1, effective May 3, 2007.)

(5) "Family" means two or more persons, whether or not related by blood, marriage, or adoption, who live or expect to live together as a single household in the same home, a single person who is either at least sixty-two years of age or has a disability, or such other single persons as the board may by rule determine to be eligible for assistance under this part 7.

(5.1) "Federal government" means the United States and any agency or instrumentality, corporate or otherwise, of the United States.

(5.2) "Financing agreement" includes a lease, sublease, installment purchase agreement, rental agreement, option to purchase, loan agreement, participation agreement, loan purchase agreement, or any other agreement, or any combination thereof, entered into in connection with the financing of a project or housing facility or the provision of capital pursuant to this part 7.

(5.3) "Governing body" means the board, council, officer, or group charged with exercising the legislative power of a government.

(5.4) "Government" means the federal government, the state government, and any county, municipality, or state agency.

(5.5) "Home improvement loan" means a loan of money for the alteration, repair, or improvement of an existing housing facility. The term does not include a loan for a pool, hot tub, or any other construction not directly improving the structural integrity, general appearance, or living conditions within the housing facility.

(6) "Housing facility" means any work or undertaking that is designed and financed pursuant to this part 7 for the primary purpose of providing decent, safe, and sanitary dwelling accommodations. Such dwelling accommodations may provide for separate, shared, or congregate facilities. "Housing facility" may include any buildings, land, equipment, facilities, or other real or personal property:

(a) Found necessary by the authority to insure required occupancy or balanced community development; or

(b) Found necessary or desirable by the authority for sound economic or commercial development of a community.

(7) "Housing facility loan" means a loan of money, including advances and temporary and permanent loans, for the construction, reconstruction, rehabilitation, or purchase of a housing facility.

(8) "Lender" means any state bank chartered by the state of Colorado or any national banking association located in Colorado, state or federal savings and loan association located in Colorado, FHA-approved mortgagee, insurance company, mortgage banking or other financial institution, or public or private entity providing economic development assistance approved by the board.

(9) "Loan to lender" means a loan of money to a lender.

(10) "Low-income family" and "low- or moderate-income family" mean a family whose income is insufficient to secure decent, safe, and sanitary housing provided by private industry without loans or other incentives made by the authority or federal subsidies and whose income is below respective income limits established by the board by rule, taking into consideration such factors as the following:

(a) The amount of the total income of such family available for housing needs;

(b) The size of the family;

(c) The cost and condition of housing facilities available;

(d) The ability of such family to compete successfully in the private housing market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing; and

(e) Standards established by various programs of the federal government for determining eligibility based on income of such family.

(11) "Mortgage" means a mortgage, deed of trust, or other instrument constituting a first lien on real property in this state and improvements constructed or to be constructed thereon or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, of not less than the term for repayment of the obligation secured by such mortgage.

(12) "Mortgage loan" means a loan of money, including advances and temporary loans, for the construction, reconstruction, rehabilitation, purchase, or refinancing of a housing facility, which loan is evidenced by an obligation secured by a mortgage.

(12.1) "Municipality" means any city, including without limitation any city or city and county operating under a home rule or special legislative charter, or town within this state.

(12.4) "Project" means a work or improvement that is or will be located in this state, including but not limited to real property, buildings, equipment, furnishings, and any other real and personal property or any interest therein, financed, refinanced, acquired, owned, constructed, reconstructed, extended, rehabilitated, improved, or equipped, directly or indirectly, in whole or in part, by the authority and that is designed and intended for the purpose of providing facilities for manufacturing, warehousing, commercial, recreational, hotel, office, research and development, or other business or economic purposes, including but not limited to machinery and equipment deemed necessary for the operation thereof, excluding raw material, work in process, or stock in trade. "Project" includes more than one project or any portion of a project, but shall not include a housing facility or any portion thereof unless the authority elects to treat such housing facility or portion thereof as a project. "Project" shall not include the financing by the authority of any county or municipal public facilities beyond the boundaries of the project, except to the extent that such facilities are adjacent to the project and support the operation of the project.

(12.5) "Project costs" means the sum total of all costs incurred in the development of a project which are approved by the authority as reasonable and necessary. "Project costs" includes, but is not limited to:

(a) The cost of acquiring real property and any buildings thereon, including but not limited to payments for options, deposits, or contracts to purchase properties;

(b) The cost of site preparation, demolition, and development;

(c) Any expenses relating to the issuance of bonds or notes;

(d) Fees in connection with the planning, execution, and financing of the project, such as those of architects, engineers, attorneys, accountants, and the authority;

(e) The cost of studies, surveys, plans and permits, insurance, interest, financing, tax and assessment costs, and other operating and carrying costs incurred during construction;

(f) The cost of construction, rehabilitation, reconstruction, and equipping of the project, not including the cost of raw materials, work in process, and stock in trade;

(g) The cost of land improvements, such as landscaping and off-site improvements;

(h) Expenses in connection with initial occupancy of the project;

(i) A reasonable profit and risk fee in addition to job overhead to the general contractor and, if applicable, the sponsor;

(j) An allowance established by the authority for contingency reserves and reserves for any anticipated operating deficits after completion of the project; and

(k) The cost of other items that the authority determines to be reasonable and necessary for the development of the project, including but not limited to relocation costs, utility connection fees, indemnity and surety bonds, premiums on insurance, and fees and expenses of trustees, depositories, and paying agents for the bonds and notes.

(12.6) "Project plan" means the plan for a project or projects and includes but is not limited to:

(a) A map or any other appropriate representation of the area and the location of the project;

(b) A statement of proposed land uses;

(c) Any proposed amendments to, changes in, or variances from the master plan, official map, or zoning regulations or other land use regulations, codes, or ordinances of the county or municipality in which the project is to be located;

(d) A proposal for the acquisition of real property;

(e) A proposal for the demolition and removal of existing structures;

(f) A description of the project;

(g) A statement of the plan's relationship to any officially adopted objectives of the county or municipality as to land uses, density of population, traffic, public transportation, public utilities, recreational and community facilities, other public improvements, and the protection of the environment;

(h) A statement of the provision being made for the temporary and permanent relocation of any persons who may be displaced by the construction of the project;

(i) A proposed time schedule for the effectuation of the plan; and

(j) Additional statements or documentation as the authority may deem appropriate.

(12.8) "Real property" means all lands and franchises and interests in land located within this state, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term. "Real property" includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable.

(12.9) "Small business" means a profit or nonprofit enterprise of small or moderate size, as determined by the board pursuant to regulation taking into consideration such factors as the following:

(a) The net assets of the enterprise;

(b) The number of employees involved or to be involved in the normal operation of the project;

(c) The total number of employees involved or to be involved in the normal operation of the enterprise as a whole;

(d) The type, size, and cost of the project; and

(e) Applicable standards and criteria periodically applied by the federal government in administering assistance programs for enterprises of small or moderate size.

(13) "Sponsor" means an individual, joint venture, partnership, limited partnership, trust, corporation, cooperative, condominium, association, public body, including the authority, or any other legal entity or combination thereof, which:

(a) The authority has approved as qualified to own, construct, acquire, rehabilitate, operate, lease, manage, or maintain part or all of a housing facility or a project; and

(b) Except for a county, municipality, or other public body, has agreed to subject itself to the regulatory powers of the authority.

(14) Repealed.

(15) "State agency" means any board, authority, agency, department, commission, public corporation, body politic, or instrumentality of this state other than a municipality or a county.

(16) Repealed.
C.R.S. § 29-35-207 — CO Code / Title 29 / Article 35 / Part 2 / Section 29-35-207
29-35-207. Transit areas map - transit station area criteria - transit corridor area criter
Status: in_force

29-35-207. Transit areas map - transit station area criteria - transit corridor area criteria - housing opportunity goals, models, and guidance. (1) Transit areas map. (a) On or before September 30, 2024, the department, in consultation with metropolitan planning organizations, and transit agencies that operate within metropolitan planning organizations, shall publish a transit area map, or transit area maps, based on the criteria in subsections (2), (3), (4), (5) and (6), of this section. Only transit areas that are identified pursuant to subsections (2) and (3) of this section and identified on a transit area map pursuant to this subsection (1) must be included in the calculation of a housing opportunity goal pursuant to section 29-35-204 (2).

(b) In publishing the map described in subsection (1)(a) of this section, the department shall also publish a walkshed map that identifies the areas that are reachable by a person walking a distance of not more than one-half mile from a transit station where part of the transit station area based on that transit station is separated from any exit to the transit station by a state-owned limited-access highway or railroad track, using simple and efficient geospatial analysis methods and readily available network data.

(2) Transit station criteria. The department shall designate transit station areas, for purposes of subsection (1) of this section, based on routes identified in an applicable transit plan for existing stations for:

(a) Commuter bus rapid transit;

(b) Commuter rail; and

(c) Light rail.

(3) Transit corridor area criteria. (a) The department shall designate transit corridor areas, for purposes of subsection (1) of this section, by identifying transit routes that meet one or more of the following criteria:

(I) An urban bus rapid transit service that is identified within:

(A) A metropolitan planning organization's fiscally-constrained, long-range transportation plan adopted prior to January 1, 2024, and planned for implementation, according to that plan, prior to January 1, 2030; or

(B) An applicable transit plan that has been planned for short-term implementation, according to that plan;

(II) A public bus route that:

(A) Has a planned frequency or scheduled frequency of fifteen minutes or more frequent for eight hours or more on weekdays; and

(B) Is identified within an applicable transit plan for short-term implementation or implementation before January 1, 2030, according to that plan.

(b) For transit agencies within metropolitan planning organizations that do not have applicable transit plans, the department shall designate transit corridor areas, for purposes of subsection (1) of this section, by identifying any public bus routes with existing transit service levels as of January 1, 2024, with a scheduled frequency of fifteen minutes or more frequent for eight hours or more on weekdays.

(c) Notwithstanding subsection (3)(a) and (3)(b) of this section, the department shall not designate transit corridor areas, for purposes of subsection (1) of this section, within a transit-oriented community that has designated twenty percent or more of its area as a manufactured home zoning district as of January 1, 2024.

(4) Optional transit area criteria. (a) The department shall designate optional transit areas, for purposes of subsection (1) of this section, based on the following criteria:

(I) A bus rapid transit service that is identified within a metropolitan planning organization's fiscally-constrained, long-range transportation plan adopted prior to January 1, 2024, and intended for implementation after January 1, 2030, and before December 31, 2050;

(II) Public bus routes other than those identified in subsection (3)(a)(II)(B) of this section that operate at a planned or scheduled frequency of thirty minutes or more frequent during the highest frequency service hours as identified by:

(A) Existing service as of January 1, 2024; or

(B) Identified within an applicable transit plan; and

(III) Other areas planned as mixed-use pedestrian oriented neighborhoods.

(b) For purposes of subsection (4)(a)(III) of this section, a transit oriented community may request that the department designate a mixed-use pedestrian-oriented neighborhood as an optional transit area. The department shall review and approve or reject such a request based on whether the mixed-use pedestrian-oriented neighborhood fulfills the goals of this part 2 established in section 29-35-203 (2).

(5) Potential transit area criteria. (a) The department shall designate an area as a potential transit area, for purposes of subsection (1) of this section, if it consists of corridors, as identified by the department of transportation that:

(I) Include major travelsheds, as defined by common travel patterns in an area, that impact anticipated new or modified interchanges on state-owned highways; and

(II) Are outside of census urbanized areas, as identified in the latest federal decennial census;

(b) In designating potential transit areas, for purposes of subsection (1) of this section, the department shall attempt to identify areas where future transit service and neighborhood centers could potentially align to provide information for state, regional, and local planning efforts.

(c) In updating the transit area map pursuant to subsection (1) of this section, the department shall identify any neighborhood centers that a local government has designated within a potential transit area.

(6) In identifying the boundaries of transit areas and optional transit areas pursuant to this section, the department shall use:

(a) Geospatial data from relevant transit agencies and metropolitan planning organizations; and

(b) Roadway locations based upon the centerline of the roadway.

(7) Housing opportunity goals, models, and guidance. On or before February 28, 2025, the department shall publish models and guidance to satisfy the goals of this part 2 as established in section 29-35-203 (2) and interpret the density and dimensional standards established in section 29-35-205 (1)(b) with the intent of providing simple and efficient methods for local governments to calculate the net housing density of transit centers in order to meet their housing opportunity goals. In publishing models and guidance, the department shall establish models, guidance, and typical building typologies for local governments with form-based codes.
C.R.S. § 29-2-205 — CO Code / Title 29 / Article 2 / Part 2 / Section 29-2-205
29-2-205. Notice requirements - effective and applicability dates - definition
Status: in_force

29-2-205. Notice requirements - effective and applicability dates - definition. [Editor's note: This section is effective July 1, 2025.] (1) (a) For the purpose of the administration by the state of the provisions of this article, as well as any other state or federal program, each home rule jurisdiction shall file with the executive director a copy of each sales or use tax ordinance or resolution, or any amendment thereto, no later than forty-five days before its effective date. The failure to file a copy of any such ordinance or resolution shall not give rise to any claim for refund by any taxpayer, other than for overpayment which is determined to be allowable under such ordinance or resolution.

(b) Notwithstanding any law to the contrary, when a statutory local government, special district, or requesting home rule jurisdiction by ordinance or resolution imposes a new sales or use tax that the department will collect pursuant to this part 2, or makes any change to its existing sales or use tax that will affect the department's collection pursuant to this part 2, the statutory local government, special district, or requesting home rule jurisdiction shall provide the department with written notice of the ordinance or resolution imposing the new sales or use tax or changes to the existing sales or use tax imposition along with a copy of the ordinance or resolution no later than forty-five days before its effective date. The failure to provide written notice and a copy of the ordinance or resolution does not give rise to any claim for refund by any taxpayer other than for an overpayment allowed pursuant to the ordinance or resolution.

(c) Notwithstanding any law to the contrary, when a statutory local government, special district, or requesting home rule jurisdiction by election imposes a sales or use tax that the department will collect pursuant to this part 2 or makes any change to its existing sales or use tax that will affect the department's collection pursuant to this part 2, the statutory local government, special district, or requesting home rule jurisdiction shall provide the department with written notice of the ordinance or resolution submitting the question to the registered electors at a general or special election, including a copy of the ordinance or resolution and a copy of the measure that will appear on the ballot, no later than fourteen days after the adoption of the ordinance or resolution. The failure to provide written notice, the copy of the ordinance or resolution, and the copy of the measure that will appear on the ballot does not give rise to any claim for refund by any taxpayer other than for an overpayment allowed pursuant to the ordinance or resolution.

(2) Except as provided in subsection (4) of this section, the applicability of any new sales or use tax or any change to an existing sales or use tax imposed by a statutory local government, special district, or requesting home rule jurisdiction shall be either January 1 or July 1 following the date of enactment of the ordinance or resolution, or either January 1 or July 1 following the date of the election in which the sales or use tax proposal or change is approved. If the department does not receive the written notice by the deadlines described in subsection (1)(b) and (1)(c) of this section, the sales or use tax proposal or change shall not apply until the next succeeding January 1 or July 1 that is at least forty-five days after the department receives the written notice.

(3) For purposes of this section, "change" means:

(a) A change to the sales or use tax base, the adoption of a new sales or use tax exemption, the amendment or repeal of an existing sales or use tax exemption, or, for a statutory local government or requesting home rule jurisdiction, the express inclusion of any of the exemptions listed in section 29-2-105 (1)(d)(I);

(b) The expiration of an existing sales or use tax or sales or use tax exemption;

(c) A change to the sales or use tax rate;

(d) A change to the geographic boundary of the statutory local government, special district, or requesting home rule jurisdiction, including both new or amended boundaries;

(e) A statutory local government's transition to a self-collecting home rule jurisdiction;

(f) A requesting home rule jurisdiction's transition to a self-collecting home rule jurisdiction;

(g) A self-collecting home rule jurisdiction's transition to a requesting home rule jurisdiction;

(h) A change in the statutory local government's, requesting home rule jurisdiction's, or special district's distribution formula;

(i) The imposition of a vendor fee or the amendment to an existing vendor fee allowed pursuant to section 29-2-206; or

(j) Any other change that will affect the collection, administration, enforcement, or distribution of sales or use tax pursuant to this part 2 or as described in rules promulgated by the department pursuant to section 29-2-216.

(4) (a) For purposes of this part 2, the applicability of a sales or use tax imposed as a result of a change to a statutory local government's geographic boundary is determined pursuant to section 30-6-109.7 and part 12 of article 31 of title 31.

(b) (I) A special district or requesting home rule jurisdiction that changes its boundaries through use of its annexation authority shall file a copy of the annexation map and a copy of the annexation ordinance or resolution with the department in the form and manner required by the department.

(II) The special district or requesting home rule jurisdiction's sales or use tax in the annexed area applies beginning on the next January 1 or July 1 following the department's receipt of the annexation map and annexation ordinance or resolution so long as the annexation map and annexation resolution are received by the department no later than forty-five days before the January 1 or July 1. If the annexation map and annexation resolution are not received by the department as specified in this subsection (4)(b)(II), then the sales or use tax in the annexed area does not apply until the next succeeding January 1 or July 1.

(c) Upon receiving an annexation ordinance and map pursuant to subsection (4) of this section, the department shall communicate with any taxing entities affected by the annexation in order to facilitate the administration and collection of sales or use tax in the annexed area and to identify all retailers affected by the annexation. The department shall make copies of the annexation map and annexation resolution available to all taxing entities in the state.
C.R.S. § 29-8-110 — CO Code / Title 29 / Article 8 / Section 29-8-110
29-8-110. Notice of public hearing on proposed improvement - contents
Status: in_force

29-8-110. Notice of public hearing on proposed improvement - contents. (1) Following the passage of the resolution in section 29-8-109, the governing body shall cause a notice of a public hearing on the proposed improvement to be given in the manner provided in section 29-8-111. Such notice shall:

(a) Describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that his property lies in the district;

(b) Describe in a general way the proposed improvement, specifying the streets or property along which it will be made and the nature of the benefits to the property within the district;

(c) State the estimated cost, as determined from the costs and feasibility report, and including the cost of the improvement and the cost of engineering and clerical service, advertising, inspection, collection of assessments, interests upon bonds, if issued, and for legal services for preparing proceedings and advising in regard thereto;

(d) State that it is proposed to assess the real property in the district to pay all or a designated portion of the cost of the improvement according to the benefits to be derived by each tract, block, lot, and parcel of land within the district, and the proposed means of apportioning such cost;

(e) State the time and place at which the governing body will conduct a public hearing upon the proposed improvement and on the question of benefits to be derived by the real property in the district;

(f) State that all interested persons will be heard and that any property owner will be heard on the question of whether his property will be benefited by the proposed improvement.
C.R.S. § 29-5-103 — CO Code / Title 29 / Article 5 / Part 1 / Section 29-5-103
29-5-103. Assignment of police officers or deputy sheriffs for temporary duty
Status: in_force

29-5-103. Assignment of police officers or deputy sheriffs for temporary duty. The chief of police or person performing the functions thereof of any town, city, or city and county or of any state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., or the sheriff of any county may in his or her discretion, upon request of the chief of police or person exercising the functions thereof in any other town, city, or city and county or any other state institution of higher education employing a peace officer in accordance with article 7.5 of title 24, C.R.S., or the sheriff of any other county, assign police officers or deputies under his or her control, together with any equipment he or she deems proper, to perform temporary duty within the jurisdiction of the requesting chief of police or sheriff and under the direction and command of the requesting chief of police or sheriff; but the chief of police or sheriff assigning the officers or deputies may provide that the officers or deputies shall be under the immediate command of a superior officer designated by the assigning chief of police or sheriff, which superior officer shall be under the direct supervision and command of the requesting chief of police or sheriff. Nothing contained in this section or sections 29-5-104 to 29-5-110 shall be construed to limit the power of any town, city, city and county, or state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., to prohibit or limit by ordinance the exercise by a chief of police or sheriff of the discretion granted in sections 29-5-103 to 29-5-110.
C.R.S. § 29-35-201 — CO Code / Title 29 / Article 35 / Part 2 / Section 29-35-201
29-35-201. Legislative declaration
Status: in_force

29-35-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) Multifamily housing is typically more affordable than single-unit dwellings. According to the American Community Survey, Colorado multifamily units cost between fourteen and forty-three percent less to rent in 2019, depending on the size of the building, compared to single-unit detached dwellings.

(b) Allowing higher density residential development is important for the cost effectiveness and availability of affordable housing. An analysis of over sixty affordable housing projects funded by the U.S. department of housing and urban development in transit-oriented areas in Colorado since 2010 found that half were developed at over fifty units per acre, and twenty percent were over one hundred units per acre.

(c) Throughout Colorado, less than half of available zoning capacity is typically utilized, and greater utilization of zoning capacity is necessary to meet anticipated housing needs. Numerous factors currently prevent development from fully utilizing available zoning capacity and allowed densities, including site level constraints, financial feasibility and demand, and landowners' willingness to sell or redevelop.

(d) Colorado has invested significantly in public transit in the last several decades, funding over six billion dollars across eighty-five miles of new rail lines. The investments will continue in the coming years with new bus rapid transit and rail systems along the front range. Despite these investments, transit ridership lags behind peer agencies around the country, due at least in part to a lack of density near these transit lines. Before the COVID-19 pandemic, the regional transportation district had two and three-tenths rides per vehicle revenue mile on their rail system, compared to over four rides per vehicle revenue mile for agencies in Minneapolis and Portland and over eight rides per vehicle revenue mile in Seattle, according to data from the federal transit administration's national transit database.

(e) Allowing higher density residential development near transit is important for increasing transit ridership and improving the cost effectiveness of transit services. Researchers have found that higher built gross densities citywide increase cost-effectiveness for light rail and bus rapid transit services, as described in the article, "Cost of a Ride: The Effects of Densities on Fixed-Guideway Transit Ridership and Costs" by Erick Guerra and Robert Cervero.

(f) Most light and commuter rail stations and frequent bus corridors in Colorado have lower housing unit density than is necessary to support frequent transit. Based on 2020 census block housing unit data, over ninety percent of rail stations and eighty-four percent of bus rapid transit and frequent bus corridors in Colorado have less than fifteen housing units per acre on average within walking distance. Researchers have generally found a minimum of fifteen housing units per acre of built density is needed to support frequent transit.

(g) Living near transit, jobs, and services enables households to also save on transportation costs by owning fewer vehicles and reducing fuel consumption. Coloradans commute over fifty minutes to and from work on average, according to the latest American Community Survey's five-year estimates. Analyses of transit-oriented communities have found that residents take an average of forty-four percent fewer vehicle trips, according to the article "Vehicle Trip Reduction Impacts of Transit-Oriented Housing" in the Journal of Public Transportation.

(h) In Colorado, households in more dense areas, which are defined as census tracts with more than four thousand units per square mile or about fifteen units per acre, drive twenty percent less than the state average, and higher density areas, census tracts with more than ten thousand units per square mile or about forty units per acre, drive forty percent less than the state average, according to data from the 2017 national household travel survey;

(i) High transportation costs impact low-income households in particular. Households making less than forty thousand dollars per year in the western United States are spending over twenty-four percent of their income on transportation, when spending more than fifteen percent of income on transportation is considered cost burdened, according to data from the bureau of labor statistics consumer expenditure surveys.

(j) In addition to saving on transportation costs by living near transit, owning fewer vehicles and traveling to work and accessing services without driving or driving less reduces greenhouse gas emissions and air pollution, which impacts air quality not just in transit-oriented communities but in greater regions across the state;

(k) In Colorado, household energy demand on average is seventy percent less for multifamily housing compared to single-unit detached dwellings, according to the national renewable energy laboratory restock analysis tool;

(l) Scenarios analyzed for the "Colorado Water and Growth Dialogue Final Report" with higher percentage of future housing shifting to higher densities were estimated to achieve a total decrease in water demand between four and eight-tenths percent and nineteen and four-tenths percent;

(m) National studies, such as the article "Relationships between Density and per Capita Municipal Spending in the United States", published in Urban Science, have found that lower density communities have higher government capital and maintenance costs for water, sewer, and transportation infrastructure and lower property and sales tax revenue. These increased costs are often borne by both state and local governments.

(n) A study for a municipality in Colorado found that doubling the average residential density for future growth would save thirty-one percent in capital and maintenance costs over twenty years;

(o) According to a 2022 article titled "Does Discretion Delay Development?" in the Journal of the American Planning Association, residential projects using administrative approval processes are approved twenty-eight percent faster than those using discretionary approval processes, and faster approval times reduce developer costs and therefore housing costs. Studies have shown that homebuilders, including affordable housing developers, will avoid parcels that need to go through a discretionary process.

(p) Community opposition to specific affordable housing developments frequently causes delays, increases costs, reduces the number of housing units delivered, pushes siting of affordable housing to less opportunity-rich areas, and prevents developments from occurring altogether, according to studies such as "Democracy in Action? NIMBY as Impediment to Equitable Affordable Housing Siting" in the journal Housing Studies;

(q) Researchers have found that upward mobility is significantly greater in more compact development areas than in low-density areas, primarily due to better job accessibility by multiple transportation modes, according to the study "Does Urban Sprawl Hold Down Upward Mobility?", published in the Journal of Landscape and Urban Planning;

(r) Transit-oriented development, including connecting housing opportunities and services with safe multimodal infrastructure and public transit, improves the accessibility of cities for people with disabilities and those with limited mobility. People with disabilities are more likely to live in households with zero cars, are less likely to drive, and are more likely to rely on public transit or paratransit, according to the 2017 "National Household Travel Survey";

(s) According to the greenhouse gas pollution reduction roadmap published by the Colorado energy office, dated January 14, 2021, the transportation sector is the single largest source of greenhouse gas pollution in Colorado. Nearly sixty percent of the greenhouse gas emissions from the transportation sector come from light-duty vehicles, which are the majority of cars and trucks that Coloradans drive every day.

(t) Motor vehicle pollution, including greenhouse gas emissions, does not stay within the geographic boundaries of the local government where it is emitted;

(u) The greenhouse gas transportation planning standard adopted by the transportation commission of Colorado in 2021 set a statewide target to reduce transportation greenhouse gas emissions through the transportation planning process by one million five hundred thousand tons by 2030; and

(v) The United States environmental protection agency has classified the Denver Metro and North Front Range area as being in severe non-attainment for ozone and ground level ozone, which has serious impacts on human health, particularly for vulnerable populations.

(2) The general assembly further finds and declares that:

(a) The consequences of community opposition and local land use policies that limit housing supply in transit-oriented communities impact housing options for Coloradans of low and moderate incomes and workforce housing to support employment growth. Increasing higher-density housing in transit-oriented communities ensures stable quantity and quality of housing for everyone and corrects policies that perpetuate segregated and unequal communities, reduced mobility and long commutes, reduced options for older adults to age in their community of choice, loss of open space and agricultural land, high water usage, and increased greenhouse gas and air pollution.

(b) There is an extraterritorial impact when local governments restrict housing development within their jurisdictions. The call for job growth in one community that does not also address the need for additional housing affects the demand of housing development in neighboring jurisdictions. In Colorado, the number of jobs within large municipalities is generally correlated to the municipality's transit service, and research has shown that regional imbalances between jobs and housing have a significant impact on vehicle miles traveled and commute times across jurisdictions, according to studies such as "Which Reduces Vehicle Travel More: Jobs-Housing Balance or Retail-Housing Mixing?", published in the Journal of the American Planning Association. When people are unable to live near where they work, workers have no options but to spend more hours on the road commuting to and from work. The longer commute increases vehicle traffic and puts additional strain on Colorado's roads and increases pollution.

(c) The availability of affordable housing is a matter of mixed statewide and local concern. Therefore, it is the intent of the general assembly in enacting this part 2 to:

(I) Provide funding for infrastructure and affordable housing to support local governments whose zoning does meet the goals of this part 2, and to encourage more dense multifamily housing development projects that can address the state's housing shortage for all parts of the income spectrum, and support more fiscally and environmentally sustainable development patterns;

(II) Improve regional collaboration and outcomes by reducing the ability of individual local governments' land use restrictions to negatively influence regional concerns such as housing affordability, open space, traffic, and air pollution; and

(III) Colorado has a legitimate state interest in managing population and development growth and ensuring stable quality and quantity of housing for Coloradans; and

(d) Colorado has a legitimate state interest in managing population and development growth and ensuring stable quality and quantity of housing for Coloradans as this is among the most pressing problems currently facing communities throughout Colorado.

(3) Therefore, the general assembly finds, determines, and declares that the lack of housing supply and unsustainable development patterns require a statewide solution that addresses local government policies that effectively limit the construction of a diverse range of housing types in areas already served by infrastructure or in close proximity to jobs and public transit, along with a lack of funding for infrastructure and affordable housing near transit-oriented communities.

(4) Therefore, the general assembly declares that increasing housing in transit-oriented communities is a matter of mixed statewide and local concern.
C.R.S. § 29-7-107 — CO Code / Title 29 / Article 7 / Section 29-7-107
29-7-107. Recreational facility defined
Status: in_force

29-7-107. Recreational facility defined. "Recreational facility" or "recreational system" as used in this article includes such land or interest in land as may be necessary, suitable, or proper for park or recreational purposes or for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest. The term "interests in land" as used in this section means and includes all rights and interests in land less than the full fee interest, including but not limited to future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to this article when recorded shall run with the land to which it pertains for the benefit of the political subdivision holding such interest and may be protected and enforced by such subdivision in any court of general jurisdiction by any proceeding known at law or in equity.
C.R.S. § 29-4-112 — CO Code / Title 29 / Article 4 / Part 1 / Section 29-4-112
29-4-112. Tax resolution - payment of bonds
Status: in_force

29-4-112. Tax resolution - payment of bonds. (1) Before delivering any bonds payable from or additionally secured by taxes and authorized to be issued pursuant to this part 1, the council shall adopt a resolution, referred to in this part 1 as the "tax resolution", which shall recite in substance that adequate provision will be made for raising annually a tax upon all property subject to taxation by the city of a sum sufficient to pay the interest on and principal of such bonds as the same become due. A tax sufficient to pay, when due, such principal and such interest shall be levied annually and assessed, collected, and paid in like manner with the other taxes of such city and shall be in addition to and exclusive of the maximum of all other taxes which such city is authorized or required by law to levy and assess upon the property subject to taxation.

(2) It is the duty of the tax collector of the county in which such city is located, upon the filing in the office of such county clerk of the county wherein such city is located of a duly certified copy of such tax resolution, to levy and assess a tax sufficient to pay the interest on and principal of such bonds as the same become due; but if the bonds are payable from taxes only in the event of a deficiency in revenues or are payable from taxes and additionally secured by a pledge of revenues and if the tax resolution so provides, then, in such events, the tax to be levied and assessed by such county clerk may be reduced by such amount and under such conditions as may be determined in such tax resolution. When for any reason all or any part of the principal of or interest on any bonds payable from or additionally secured by taxes and issued by any city pursuant to this part 1 is paid when due, there shall be levied and assessed by the county clerk and collected by the proper collecting officers a tax sufficient to pay the same.
C.R.S. § 29-1-1601 — CO Code / Title 29 / Article 1 / Part 16 / Section 29-1-1601
29-1-1601. Nondisclosure agreements - protection of local government employees - definition
Status: in_force

29-1-1601. Nondisclosure agreements - protection of local government employees - definitions. (1) (a) Neither a local government nor a department, institution, or agency of a local government shall make it a condition of employment that an employee executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee from disclosing factual circumstances concerning the employee's employment with the local government or any of its departments, institutions, or agencies unless the prohibition or restriction in the contract or agreement is necessary to prevent disclosure of:

(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;

(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;

(III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;

(IV) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate;

(V) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer;

(VI) Information bearing on the specialized details of security arrangements or criminal investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;

(VII) Information derived from communications of the employer related to threatened or pending legal or administrative action;

(VIII) Discussions that occur in an executive session authorized by section 24-6-402;

(IX) Trade secrets or information derived from trade secrets or proprietary information of the employer;

(X) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or

(XI) Trade secrets owned by the employer.

(b) Any provision in any contract or agreement that violates subsection (1)(a) of this section is deemed to be against public policy and is unenforceable against an employee unless the provision is intended to prevent disclosure of:

(I) The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests of the employee who is a party to the agreement if the employee elects in the employee's sole discretion to restrict disclosure of the employee's identity or such facts and circumstances;

(II) Data; information, including personal identifying information, as defined in section 24-74-102 (1); or matters that are required to be kept confidential by federal law or regulations, the state constitution, state law, state regulations, or state rules, or a court of law or as attorney-client privileged communications, as privileged work product, as communications related to a threatened or pending legal or administrative action, or as materials related to personnel or regulatory investigations by the employer;

(III) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a current or prospective contractor, vendor, grantee or as part of a public-private partnership, or entity working with the state as part of an economic development activity;

(IV) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate;

(V) Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer;

(VI) Information bearing on the specialized details of security arrangements or criminal investigations including for elected officials or other individuals, physical infrastructure, or cybersecurity;

(VII) Information derived from communications of the employer related to threatened or pending legal or administrative action;

(VIII) Discussions that occur in an executive session authorized by section 24-6-402;

(IX) Trade secrets or information derived from trade secrets or proprietary information of the employer;

(X) Information and records not subject to disclosure under the "Colorado Open Records Act", part 2 of article 72 of title 24; or

(XI) Trade secrets owned by the employer.

(2) (a) Neither a local government nor a department, an institution, or an agency of a local government shall take any materially adverse employment-related action, including, without limitation, withdrawal of an offer of employment, discharge, suspension, demotion, discrimination in the terms, conditions, or privileges of employment, or other adverse action against an employee on the grounds that the employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under subsection (1)(b) of this section. The taking of such a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation.

(b) Any employer who enforces or attempts to enforce a provision deemed by a court against public policy and unenforceable pursuant to subsection (1) of this section is liable for the employee's reasonable attorney fees and costs in defending against the action.

(c) An action to enforce a provision of this section must be brought in the district court for the district in which the employee is primarily employed.

(3) A settlement agreement between an employer that is a local government or a department, institution, or agency of a local government and an employee of the local government or the department, institution, or agency of the local government must be signed by both the employer and the employee.

(4) A nondisclosure agreement may not prohibit the release of information required to be released under the "Colorado Open Records Act", part 2 of article 72 of title 24.

(5) Nothing in this section prevents an employer from requiring an employee to enter into a nondisclosure agreement with a third party in the employee's official capacity and on behalf of the employer.

(6) As used in this section:

(a) "Condition of employment" means an employment-related policy, practice, requirement, or restriction dictated by an employer that an individual must agree to abide by in order to be hired by or retain employment with the employer.

(b) "Employee" means an applicant for employment with or current or past employee of a local government or a department, institution, or agency of a local government.

(c) "Local government" means a statutory or home rule county, a city and county, or a statutory or home rule municipality.
C.R.S. § 29-20-103 — CO Code / Title 29 / Article 20 / Part 1 / Section 29-20-103
29-20-103. Definitions
Status: in_force

29-20-103. Definitions. As used in this article, unless the context otherwise requires:

(1) "Development permit" means any preliminary or final approval of an application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction; except that, solely for purposes of part 3 of this article:

(a) Each application included in the definition of development permit constitutes a stage in the development permit approval process; and

(b) "Development permit" is limited to an application regarding a specific project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government.

(1.3) "Fire and emergency services provider" means a fire protection district organized under article 1 of title 32, C.R.S., or a fire authority established pursuant to section 29-1-203.5.

(1.5) "Local government" means a county, home rule or statutory city, town, territorial charter city, or city and county.

(2) "Power authority" means an authority created pursuant to section 29-1-204.
C.R.S. § 29-35-209 — CO Code / Title 29 / Article 35 / Part 2 / Section 29-35-209
29-35-209. Displacement risk assessment - displacement mitigation strategies menu - displac
Status: in_force

29-35-209. Displacement risk assessment - displacement mitigation strategies menu - displacement mitigation strategies menu goals - alternative displacement mitigation strategies. (1) On or before June 30, 2025, the department shall conduct an assessment that includes recommendations identifying the resources necessary to implement the displacement mitigation strategies in the displacement risk mitigation strategies menu described in subsection (3) of this section. The assessment must identify:

(a) Appropriate local, regional, or nonprofit entities to assist residents at elevated risk of displacement, with a focus on residents in local governments that have a smaller population and fewer financial resources than other local governments within the same metropolitan planning organization; and

(b) Appropriate sources of financial and other resources to implement the displacement mitigation strategies in the displacement risk mitigation strategies menu described in subsection (3) of this section, while taking into account regional disparities in resources.

(2) (a) No later than June 30, 2025, the department shall develop guidance for transit-oriented communities in conducting a displacement risk assessment and implementing displacement mitigation strategies. The department shall update this guidance as necessary.

(b) In creating guidance for the displacement risk assessment described in subsection (2)(a) of this section, the department shall develop a methodology, with variations for different local contexts including the size and resource levels of local governments, for transit-oriented communities within metropolitan planning organization boundaries to use to:

(I) Gather feedback through community engagement; and

(II) 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:

(A) The percentage of households that are extremely low-income, very low-income, and low-income, as designated by the United States department of housing and urban development;

(B) The percentage of households that are renters;

(C) The percentage of cost-burdened households, defined as households that spend more than thirty percent of the household's income on housing needs;

(D) The number of adults who are twenty-five years of age or older and have not earned at least a high school diploma;

(E) The percentage of households in which English is not the primary spoken language;

(F) The percentage of housing stock built prior to 1970;

(G) The location of manufactured home parks;

(H) Areas that qualify as disadvantaged as determined with the climate and economic justice screening tool developed by the council on environmental quality in the office of the president of the United States; and

(I) The transit-oriented communities where increases in zoning capacity will occur as a result of the requirements of this part 2.

(3) On or before June 30, 2025, the department shall develop a long-term displacement mitigation strategies menu that includes the following strategies:

(a) Developing a program to offer technical assistance and financial support for community organizations to develop independent community land trusts;

(b) Prioritizing spending on regulated affordable housing unit preservation or implementing or continuing deed restrictions for regulated affordable housing units;

(c) Providing homestead tax exemptions for either long-time homeowners in neighborhoods that a displacement risk assessment identifies as vulnerable to displacement or low- to moderate-income homeowners within, or within one-half mile of, a designated transit center;

(d) Requiring multifamily housing developers to create a community benefits agreement with affected populations within one-quarter mile of a development built in an area that is vulnerable to displacement;

(e) Ensuring no net loss within the designated area of affordable units such that affordability levels are equal or greater than existing levels of family serving units that include three or more bedrooms;

(f) Establishing a program to provide community or small local business investment in an area that is vulnerable to displacement; and

(g) Other strategies identified by the department that provide displacement mitigation equivalent to the other strategies described in this subsection (3).

(4) In developing the displacement risk mitigation strategies menu described in subsection (3) of this section, the department's goals must be to support:

(a) Resources, services, and investments that serve vulnerable homeowners and renters with elevated risk of displacement;

(b) The preservation of regulated affordable housing stock;

(c) Local government planning and land use decisions that incorporate inclusive and equitable displacement mitigation strategies, and the empowerment of low-income persons and communities of color to participate in those decisions; and

(d) The ability of vulnerable residents to remain in or return to their neighborhoods or communities by accessing new affordable housing opportunities in their neighborhoods or communities.
C.R.S. § 29-5-114 — CO Code / Title 29 / Article 5 / Part 1 / Section 29-5-114
29-5-114. Self-contained breathing apparatus - testing - certification - recertification
Status: in_force

29-5-114. Self-contained breathing apparatus - testing - certification - recertification. A town, city, city and county, county, fire protection district, or state institution of higher education that owns or leases any self-contained breathing apparatus, as defined in section 24-33.5-2301, for use by police officers, deputy sheriffs, or firefighters shall ensure that the apparatus and all associated pressure vessels are regularly tested and certified in accordance with all applicable federal standards and with any standards for retesting and recertification that the director of the division of fire prevention and control in the department of public safety may promulgate by rule in accordance with section 24-33.5-2303.
C.R.S. § 29-4-711 — CO Code / Title 29 / Article 4 / Part 7 / Section 29-4-711
29-4-711. Power of board - housing facility plans - mortgage purchase - loans to lenders
Status: in_force

29-4-711. Power of board - housing facility plans - mortgage purchase - loans to lenders. Upon a finding by the board that investment in, or purchase or participation in the purchase of, mortgage loans or interests therein or that making loans to lenders is necessary to provide housing facilities within the means of low- or moderate-income families, it may cause the executive director to formulate and from time to time modify a plan for the development of housing facilities by the authority investing in, purchasing, or participating in the purchase of mortgage loans or interests therein from lenders or making loans to lenders. If the board ascertains that the necessary means of financing such a plan are available to the authority, the board may signify its approval of such a plan.
C.R.S. § 29-3-102 — CO Code / Title 29 / Article 3 / Section 29-3-102
29-3-102. Legislative declaration
Status: in_force

29-3-102. Legislative declaration. (1) It is the intent of the general assembly by the passage of this article to authorize counties and municipalities to finance, acquire, own, lease, improve, and dispose of properties to the end that such counties and municipalities may be able to promote industry and develop trade or other economic activity by inducing profit or nonprofit corporations, federal governmental offices, hospitals, and agricultural, forestry, fisheries, mining, construction, manufacturing, transportation, communications, public utilities, wholesale and retail trade, finance, education, insurance, real estate, technology, and any related small business enterprises to locate, expand, or remain in this state, to mitigate the serious threat of extensive unemployment in parts of this state, to secure and maintain a balanced and stable economy in all parts of this state, or to further the use of its agricultural products or natural resources.

(2) It is the further intent of the general assembly to authorize counties and municipalities to finance, refinance, acquire, own, lease, improve, and dispose of properties to the end that pollution may be ameliorated and controlled, more adequate hospital care may be provided, more adequate residential housing facilities for low- and middle-income families and persons may be provided, more adequate facilities for disposing of sewage and solid waste and furnishing water, energy, and gas may be provided, more adequate facilities for sports events and activities and recreation activities, conventions, and trade shows may be provided, more adequate airports, mass commuting facilities, parking facilities, or storage or training facilities may be provided, and more adequate research, product-testing, and administrative facilities may be provided, all of which promote the public health, welfare, safety, convenience, and prosperity.

(3) It is therefore the intention of the general assembly to vest such counties and municipalities with all powers that may be necessary to enable them to accomplish such purposes, which powers shall in all respects be exercised for the benefit of the inhabitants of this state for the promotion of their health, safety, welfare, convenience, and prosperity.

(4) It is not intended by this article to authorize any county or municipality to operate any manufacturing, industrial, commercial, or business enterprise, or any research, product-testing, or administrative facilities of such enterprise, nor to prohibit the operation of utility plants, residential housing facilities, hospitals, sewage or solid waste disposal facilities, facilities for the furnishing of water, energy, or gas, sports and recreation facilities, convention or trade show facilities, airports, mass commuting facilities, parking facilities, or storage or training facilities by any county or municipality.

(5) This article shall be liberally construed in conformity with this legislative declaration.
C.R.S. § 29-20-201 — CO Code / Title 29 / Article 20 / Part 2 / Section 29-20-201
29-20-201. Legislative declaration
Status: in_force

29-20-201. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that:

(a) The right to own and use private property is a fundamental right, essential to the continued vitality of a democratic society;

(b) Governmental regulation of conduct, while equally essential to public order and the preservation of universally held values, must be carried out in a manner that appropriately balances the needs of the public with the rights and legitimate expectations of the individual; and

(c) This part 2 appropriately and necessarily underscores and reinvigorates the federal constitutional prohibition against taking private property for public use without just compensation and the state constitutional prohibitions against taking or damaging private property for public or private use.

(2) The general assembly further finds and declares that an individual private property owner should not be required, under the guise of police power regulation of the use and development of property, to bear burdens for the public good that should more properly be borne by the public at large.

(3) The general assembly intends, through the adoption of section 29-20-203, to codify certain constitutionally-based standards that have been established and applied by the courts. The fair, consistent, and expeditious adjudication of disputes over land use in state courts in accordance with constitutional standards is a matter of statewide concern.
C.R.S. § 29-20-303 — CO Code / Title 29 / Article 20 / Part 3 / Section 29-20-303
29-20-303. Adequate water supply for development
Status: in_force

29-20-303. Adequate water supply for development. (1) A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. A local government shall make such determination only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially changed. A local government shall have the discretion to determine the stage in the development permit approval process at which such determination is made.

(2) Nothing in this part 3 shall be construed to require that the applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application.
C.R.S. § 29-4-702 — CO Code / Title 29 / Article 4 / Part 7 / Section 29-4-702
29-4-702. Legislative declaration
Status: in_force

29-4-702. Legislative declaration. (1) The general assembly finds and declares that there is a shortage in Colorado of decent, safe, and sanitary housing which is within the financial capabilities of low- and moderate-income families. In order to alleviate the high cost of construction loans and home mortgage interest costs for such families, the general assembly believes that it is essential that additional public moneys be made available, through the issuance of revenue bonds, to assist both private enterprise and governmental entities in meeting critical housing needs. The general assembly also finds and declares that the compelling need within the state for such assistance can best be met by the establishment of a quasi-governmental and corporate entity vested with the powers and duties specified in this part 7.

(2) The general assembly further finds and declares that many housing facilities occupied by low- and moderate-income families use excessive and unnecessary amounts of energy for heating and other home uses due to inadequate insulation or to the absence of other design features or materials which reduce total home energy requirements; that high costs impair the ability of such families to afford decent, safe, and sanitary housing facilities; that many such facilities do not conform to building, housing maintenance, fire, health, or other state, county, or municipal codes or standards applicable to housing; that many such facilities are located in, and by their condition contribute to, deteriorating neighborhoods; that many such facilities are inadequate for the number of persons occupying them; that many such facilities cannot be repaired or improved within the financial capabilities of the low- or moderate-income owners or occupants; and that existing private and public means of enterprise and investment cannot provide financing or assistance on terms and conditions within the means of many such low- or moderate-income families. These conditions are adverse to the safety, health, and welfare of the citizens of this state and are contrary to the public policies of promoting the conservation of scarce energy resources, of minimizing the impact of higher costs on the ability of low- and moderate-income families to afford decent, safe, and sanitary housing facilities, and of preventing and eliminating blight in urban and rural areas. The general assembly therefore further finds and declares that it is a valid public purpose to preserve and promote the safety, health, and welfare of the citizens of this state by the exercise of the powers specified in this part 7.

(3) The general assembly further finds and declares that there exists in this state a need to promote sound economic development, to maintain employment, and to encourage job opportunities in areas of unemployment and underemployment by assisting in the provision of facilities for business enterprises, including profit and nonprofit enterprises and particularly enterprises of small and moderate size, by assisting in the provision of capital to such business enterprises, and by otherwise supporting such business enterprises. The general assembly therefore finds and declares that it is a valid public purpose to preserve and promote the safety, health, and welfare of this state and its inhabitants by the exercise of the powers specified in this part 7 to finance the acquisition, construction, reconstruction, rehabilitation, improvement, and equipping of facilities for business enterprises, including profit and nonprofit enterprises and particularly enterprises of small and moderate size, by private persons and political subdivisions of this state, to finance loans to and to make equity investments in such business enterprises for capital purposes, and to otherwise support such business enterprises.

(4) The general assembly further finds and declares that the purpose of this part 7 is to create the Colorado strategic seed fund to meet the special needs of entrepreneurs and small business operators in Colorado who would not otherwise be able to obtain funding for the development of ideas into viable and marketable products and services which would enhance the economic growth and development of Colorado, that this fund will be used to establish operating seed funds for investment in small businesses, and that this investment will, in turn, lead to further growth, diversification, and improvement of the Colorado economy.

(5) The general assembly further finds and declares:

(a) That there exists a need to leverage private sector investment in new and innovative products, in entrepreneurial activity, and in economic development finance and that, therefore, state assistance for development finance should reflect a leveraging investment strategy; and

(b) That the lending and investment of moneys to develop and improve the economy of the state requires specialized and unique knowledge, skill, and experience.

(6) The general assembly further finds and declares that the investment strategy of the managers of the operating seed funds should be:

(a) To invest in companies in the earliest stages of their development;

(b) To invest in companies which have exceptional merit and which will be located within the state of Colorado;

(c) To invest in companies in which the founding entrepreneurs have made significant individual investments;

(d) To invest in companies whose success will result in the creation of jobs in Colorado;

(e) To invest in companies which will attract other sources of venture capital for long-term development;

(f) To invest in attractive growth companies which are coupled with the state's business incubators;

(g) To assist companies with direct and ongoing business consultation to establish a viable management structure and strategic plan;

(h) To provide an opportunity for subsequent financing for follow-up operations of successful companies;

(i) To limit the amount invested by a manager in investments outside of Colorado to not more than fifty percent of the capital of an operating seed fund.
C.R.S. § 29-4-1203 — CO Code / Title 29 / Article 4 / Part 12 / Section 29-4-1203
29-4-1203. Right of first offer - eligibility - process - notice - definition
Status: in_force

29-4-1203. Right of first offer - eligibility - process - notice - definition. (1) Definition of qualifying property. As used in this section, unless the context otherwise requires, "qualifying property" means a multifamily residential or mixed-use rental property consisting of not more than one hundred units and not less than fifteen units and excluding existing affordable housing and a mobile home park as defined in section 38-12-201.5 (6). For the purpose of determining whether a property consists of at least the minimum number of units set forth in this subsection (1) for a qualifying property, an accessory dwelling unit does not count as a unit.

(2) Local government's right of first offer. (a) In accordance with this part 12, the local government for the jurisdiction in which a qualifying property is located has a right of first offer to make an offer to purchase the qualifying property before the qualifying property is listed for sale to third parties.

(b) The local government's right of first offer concerning the qualifying property is limited to preserving or converting the qualifying property to long-term affordable housing or a mixed-income development directly or through another entity to which the local government assigns its rights pursuant to subsection (2)(d) of this section or transfers the qualifying property. If a qualifying property is classified as mixed-use, the local government's offer must include any commercial portion of the qualifying property, but only the residential portion of the qualifying property is subject to affordability requirements.

(c) The local government, in exercising its right of first offer, may partner with a nonprofit entity, a private entity, a quasi-governmental entity, or another governmental entity to co-finance, lease, or manage the qualifying property for the public purpose of maintaining the qualifying property as long-term affordable housing or a mixed-income development if the local government or its assignee maintains ownership of the qualifying property either directly or through a special purpose entity or affiliate.

(d) At any time, the local government may assign the right of first offer regarding a qualifying property to a local or regional housing authority or the Colorado housing and finance authority, subject to the requirements that the qualifying property is used to preserve or be converted to long-term affordable housing or a mixed-income development and that all other provisions of this part 12 apply to the assignee. The assignee must immediately notify the residential seller of any assignment pursuant to this subsection (2)(d), and the notice must include the assignee's address to receive any notices that the residential seller is required to send in accordance with this section. The local government remains liable for obligations pursuant to this part 12 accruing prior to the assignment and upon assignment, the assignee assumes all liability of the local government regarding the exercise of the right of first offer and is responsible for performing all requirements pursuant to this part 12, in each case accruing from and after the assignment, with respect to a qualifying property as if the assignee were the local government.

(e) (I) The governing body of a local government has the right to waive the right of first offer provided in this section.

(II) (A) If the governing body of a local government has waived its right of first offer, it shall post a notice in a conspicuous location on its website indicating that there is a waiver and that residential sellers with qualifying properties within its jurisdiction do not have an obligation to comply with this section.

(B) The notice posted in accordance with subsection (2)(e)(II)(A) of this section must be effective for at least three months after it is posted and must explicitly state the date it expires, if any.

(C) Failure to post notice pursuant to this subsection (2)(e)(II) does not otherwise affect the local government's right of first offer.

(f) Notwithstanding anything in this section to the contrary, at any time prior to the residential seller and the local government entering into a contract for the purchase of the qualifying property by the local government, the residential seller may reject the local government's offer and otherwise terminate negotiations with the local government.

(g) If the local government waives or is deemed to have waived its right of first offer in accordance with this section or if a residential seller rejects the local government's offer in accordance with subsection (2)(f) of this section, the residential seller has no obligation to provide initial or additional notice, as applicable, to the local government or otherwise offer or re-offer, as applicable, the qualifying property to the local government pursuant to any provision of this section unless a transaction for the sale of the qualifying property does not close within twelve months of either the local government's waiver or deemed waiver or rejection by the residential seller of the local government's offer, whichever is earlier; except that, if the contract for sale to a third party has a duration longer than twelve months, then the twelve-month period is extended to match the term of the contract.

(3) Notice requirements generally. (a) (I) Any notices required to be provided to the local government pursuant to this section must be delivered to the clerk of the governing body of the local government by electronic mail; except that, if there is not an electronic mailing address available for the clerk, then by hand delivery, United States first class mail, or overnight delivery.

(II) Notwithstanding subsection (3)(a)(I) of this section, if the local government assigns its right of first offer and the assignee provides notice of the assignment to the residential seller pursuant to subsection (2)(d) of this section, then upon and after receipt of notice of the assignment, the residential seller shall send by electronic mail any required notices pursuant to this section to the address specified by the assignee; except that, if there is not an electronic mailing address provided by the assignee, then by hand delivery, United States first class mail, or overnight delivery.

(b) Any notices provided to the residential seller pursuant to this section must be delivered to the physical address provided by the residential seller in accordance with subsection (5)(a)(II) of this section or, upon election by the residential seller, by electronic mail to the electronic mailing address provided by the residential seller to the local government.

(c) Any notice provided pursuant to this section is deemed delivered on the date it is sent by electronic mail, the date it is hand delivered, the date after the day it is deposited for delivery by overnight delivery, or the date that is two business days after the day it is deposited in the United States mail, as applicable.

(4) Notice by residential seller, local government's intent, and nondisclosure agreement. (a) Before a residential seller enters into an agreement with a licensed broker to solicit and procure purchasers for a qualifying property or otherwise lists a qualifying property for sale on the multiple listing service, the residential seller shall provide notice to the governing body of the local government in which the qualifying property is located that the residential seller intends to sell the qualifying property.

(b) The local government has seven calendar days from the date of receiving the notice required by subsection (4)(a) of this section to provide a written response to the residential seller indicating that the local government either:

(I) Is interested in receiving due diligence information on the qualifying property so that it can evaluate whether it wants to make an offer to purchase the qualifying property, which response must contain a nondisclosure agreement in a form acceptable to the residential seller that the local government has executed, except as otherwise governed by law or court order; or

(II) Waives any right of the local government to purchase the qualifying property.

(c) If the local government does not respond within the seven-day period required by subsection (4)(b) of this section, it is deemed to have waived its right of first offer with respect to the qualifying property.

(5) Residential seller's notice of terms. (a) If the local government provides notice in accordance with subsection (4)(b) of this section, the residential seller has five calendar days from receipt of the notice to provide a notice to the local government that includes:

(I) The address and name of the qualifying property, if any, and the legal description of the qualifying property;

(II) The residential seller's address and, if available, electronic mailing address to receive notices from the local government;

(III) A rent roll for the qualifying property showing the amount of rent charged to tenants at the qualifying property;

(IV) The vacancy rate, operating expenses and income, and common area amenities at the qualifying property;

(V) Any marketing materials that the residential seller has prepared on or before the date of such notice and anticipates using in connection with listing the qualifying property for sale;

(VI) A current title commitment; and

(VII) The residential seller's executed version of the nondisclosure agreement.

(b) Subject to and pursuant to the nondisclosure agreement executed in accordance with subsection (4)(b) of this section, the local government may share the information contained in the notices required pursuant to this subsection (5) with its officers and employees for the purposes of evaluating or obtaining financing for the prospective transaction. Agents of the local government and prospective entities that the local government partners with pursuant to subsection (2)(c) of this section or prospective assignees pursuant to subsection (2)(d) of this section must each sign a nondisclosure agreement for the respective entity. An entity that has executed a nondisclosure agreement may share the information contained in the notices required pursuant to this subsection (5) with its officers and employees for the purposes of evaluating or obtaining financing for the prospective transaction. The information contained in the notice must be kept confidential and is confidential information not subject to public disclosure.

(6) Notice by the local government. (a) A local government has fourteen calendar days from the date of receiving the notice required by subsection (5)(a) of this section to provide a written response to the residential seller that either:

(I) Makes an offer to purchase the qualifying property setting forth the price, terms, and conditions of the offer; or

(II) Waives any right of the local government to purchase the qualifying property.

(b) If the local government does not provide a response within the fourteen-day period set forth in subsection (6)(a) of this section, the local government's right of first offer is deemed waived.

(7) Process after offer is made. (a) The residential seller has fourteen calendar days after receipt of the local government's offer made pursuant to subsection (6)(a)(I) of this section to notify the local government that it either accepts or rejects the offer. During this period, the residential seller may initiate negotiations in good faith with the local government, which may include discussing alternative price, terms, or conditions for the purchase of the qualifying property. If the residential seller does not provide notice of its acceptance or rejection of the local government's offer in the fourteen-day period pursuant to this subsection (7)(a), the offer is deemed rejected.

(b) If the residential seller accepts the local government's offer or accepts an offer negotiated with the local government, the local government and the residential seller have thirty calendar days after the date of the residential seller's receipt of the local government's notice provided in accordance with subsection (6)(a)(I) of this section to negotiate and execute a contract for the purchase of the qualifying property by the local government. The contract must require the transaction to close no later than sixty days after its execution, unless both parties agree to other terms.

(8) Certificate of compliance. Within fourteen calendar days of receipt of notice required by subsection (4)(a) of this section unless the local government provides notice pursuant to subsection (4)(b) of this section and then within fourteen calendar days of receipt of the notice required by subsection (5)(a) of this section, the local government or its assignee shall execute and record a certificate of compliance in the real property records of the county in which the qualifying property is situated. The certificate of compliance must include the name of the residential seller, a legal description of the qualifying property, and a statement that the residential seller has complied with all the applicable provisions of this section. The recorded certificate of compliance is prima facie evidence of the residential seller's compliance with this section and may be relied upon by a residential seller, any person claiming an interest in the qualifying property through a residential seller, and a title insurance entity, as defined in section 10-11-102 (11).
C.R.S. § 29-4-1115 — CO Code / Title 29 / Article 4 / Part 11 / Section 29-4-1115
29-4-1115. Construction of this part 11
Status: in_force

29-4-1115. Construction of this part 11. The grant of authority pursuant to this part 11 is in addition to all other authority provided by law. Nothing in this part 11 limits the authority of the state, a local government, or a political subdivision of the state, including the Colorado housing and finance authority created in section 29-4-704, to utilize other policies and procedures for the acquisition, construction, rehabilitation, ownership, operation, or financing of any type of housing.
C.R.S. § 29-35-208 — CO Code / Title 29 / Article 35 / Part 2 / Section 29-35-208
29-35-208. Standard affordability strategies menu - long-term affordability strategies menu
Status: in_force

29-35-208. Standard affordability strategies menu - long-term affordability strategies menu - alternative affordability strategies - impact fees. (1) Standard affordability strategies menu. On or before June 30, 2025, the department shall develop a standard affordability strategies menu for transit-oriented communities and shall update this menu as necessary. The menu must include the following strategies:

(a) Implementing a local inclusionary zoning ordinance that accounts for local housing market conditions, is crafted to maximize regulated affordable housing, 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 significantly 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 for transit centers that grants increased floor area ratio, density, or height for regulated affordable housing units;

(e) Creating a program to prioritize and expedite development approvals for regulated affordable housing development;

(f) 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; except that, upon the passage of House Bill 24-1304, this subsection (1)(f) shall not be identified by a transit-oriented community as an affordability strategy that satisfies the requirements of 29-35-204 (6)(b)(I)(A);

(g) Enacting local laws that incentivize the construction of accessible and visitable regulated affordable housing units;

(h) Enacting local laws that support housing for families, such as incentivizing construction of housing units with multiple bedrooms; and

(i) Any other strategy designated by the department that offers a comparable impact on local housing affordability.

(2) Long-term affordability strategies menu. On or before June 30, 2025, the department shall develop a long-term affordability strategies menu and shall update this menu as necessary. The menu must include the following strategies:

(a) Establishing a dedicated local revenue source for regulated affordable housing development, such as instituting a linkage fee on market rate housing development to support 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;

(III) Establishing an affordable rent-to-own program; or

(IV) Incentivizing affordable condominium developments; and

(f) Any other strategy designated by the department that offers a comparable impact on local housing affordability.

(3) Alternative affordability strategies. A transit-oriented community 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 that local law or program qualifies as an affordability strategy for purposes of section 29-35-204 (6)(a) and (6)(b), so long as the local law or program supports equal or greater opportunity for regulated affordable housing and accessible units than the strategies described in subsections (1) and (2) of this section.
C.R.S. § 29-35-403 — CO Code / Title 29 / Article 35 / Part 4 / Section 29-35-403
29-35-403. Accessory dwelling unit requirements for a subject jurisdiction
Status: in_force

29-35-403. Accessory dwelling unit requirements for a subject jurisdiction. (1) On or after June 30, 2025, a subject jurisdiction shall 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 jurisdiction allows single-unit detached dwellings.

(2) On or after June 30, 2025, a subject jurisdiction shall not:

(a) Require the construction of a new off-street parking space in connection with the construction or conversion of an accessory dwelling unit, except as described in subsections (3)(a) and (3)(b) of this section;

(b) Require an accessory dwelling unit, or any other dwelling on the same lot as an accessory dwelling unit, to be owner-occupied; except that a subject jurisdiction may require a property owner to demonstrate that the property owner resides on the parcel when an application is submitted:

(I) To construct or convert an accessory dwelling unit. This exception does not apply for an accessory dwelling unit that is being constructed simultaneously with a new primary dwelling unit.

(II) For a license or permit for a short-term rental on the parcel through a local law or program.

(c) Apply a restrictive design or dimension standard to an accessory dwelling unit.

(3) Nothing in this section prevents a subject jurisdiction or other local government from:

(a) Requiring the designation of an off-street parking space in connection with an accessory dwelling unit, so long as there is an existing driveway, garage, tandem parking space, or other off-street parking space available for such a designation at the time of the construction or conversion of the accessory dwelling unit;

(b) Requiring, in connection with the construction or conversion of an accessory dwelling unit, one new parking space on a parcel that:

(I) Does not have an existing off-street parking space, including a driveway, garage, or tandem parking space, that could be used for an accessory dwelling unit;

(II) Is in a zoning district that, as of January 1, 2024, requires one or more parking spaces for the primary dwelling unit; and

(III) Is located on a block where on-street parking is prohibited for any reason including ensuring access for emergency services;

(c) Allowing the construction or conversion of an accessory dwelling unit that is smaller than five hundred square feet or greater than eight hundred square feet, or restricting the size of an accessory dwelling unit so that it is no larger than the size of the principal dwelling unit on the same lot as the accessory dwelling unit;

(d) Allowing the construction or conversion of multiple accessory dwelling units on the same lot;

(e) Applying a design or dimension standard to an accessory dwelling unit that is not a restrictive design or dimension standard;

(f) Adopting or enforcing a generally applicable requirement for:

(I) The payment of an impact fee or other similar development charge, pursuant to section 29-20-104.5; or

(II) The mitigation of impacts in conformance with the requirements of part 2 of article 20 of this title 29;

(g) Enacting or applying a local law concerning the short-term rental of an accessory dwelling unit or any other dwelling on the same lot as an accessory dwelling unit;

(h) Applying the design standards and procedures of a historic district to a lot on which an accessory dwelling unit is allowed in that historic district, including a standard or procedure related to demolition;

(i) Applying and enforcing a locally adopted life safety code, including but not limited to, a building, fire, utility, or stormwater code;

(j) Allowing the construction of, or issuing a permit for the construction of, a single-unit detached dwelling in an area zoned for single-unit detached dwellings;

(k) Encouraging the construction of accessory dwelling units that are, through the application of local laws or programs including through deed restrictions, made affordable to households under certain income limits or used primarily to house the local workforce pursuant to a local, regional, or state affordable housing program;

(l) Defining accessory dwelling unit in local law as including or excluding other dwelling unit types such as a "motor home", as defined in section 42-1-102 (57), a "multipurpose trailer", as defined in section 42-1-102 (60.3), and a "recreational vehicle", as defined in section 24-32-902 (9); or

(m) Requiring a statement by a water or wastewater service provider regarding its capacity to service the property as a condition of permitting an accessory dwelling unit.

(4) This section only applies to a parcel in a subject jurisdiction that is not an exempt parcel.