March 2024 Bite-Size Colorado Legislation News

Discover the latest updates on Colorado State Legislation! As new legislation is introduced, it’s important to stay informed about the changes it may bring. The following are immediately impactful topics from the recent legislative session.

Local Government Rights to Property for Affordable Housing HB24-1175

Concerning a local government right of first refusal or offer to purchase qualifying multifamily property for the purpose of providing long-term affordable housing or mixed-income development. A similar bill was vetoed by the governor last year HB23-1190. https://www.leg.colorado.gov/bills/hb24-1175

• (1) “APPLICABLE QUALIFYING PROPERTY” MEANS EITHER “QUALIFYING PROPERTY” AS DEFINED IN SECTION 29-4-1202 (1), OR “QUALIFYING PROPERTY” AS DEFINED IN SECTION 29-4-1203 (1).:
  • 29-4-1202 (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 THAT IS EXISTING AFFORDABLE HOUSING, EXCLUDING A MOBILE-6 HB24-1175 1 HOME PARK AS DEFINED IN SECTION 38-12-201.5 (6).
  • 29-4-1203 (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 FIVE UNITS IN URBAN COUNTIES AND THREE UNITS IN RURAL OR RURAL RESORT COUNTIES, AS SUCH COUNTIES ARE CLASSIFIED IN ACCORDANCE WITH THE DIVISION OF HOUSING’S MOST RECENT CLASSIFICATIONS PURSUANT TO SECTION 29-4-1107 (1)(d), AND EXCLUDING EXISTING AFFORDABLE HOUSING AND A MOBILE HOME PARK AS DEFINED IN SECTION 38-12-201.5 (6).

Local Government Utility Relocation in Right-of-Way HB24-1266

Concerning the relocation of utility facilities in a local government right-of-way. https://www.leg.colorado.gov/bills/hb24-1266

• “PLANS AND SPECIFICATIONS” MEANS THE PLANS, DRAWINGS, AND SPECIFICATIONS DESIGNED AND ENGINEERED BY A LOCAL GOVERNMENT OR ITS CONTRACTOR, WHICH ARE NECESSARY TO COMPLETE THE ROAD IMPROVEMENT PROJECT IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS.
• “UTILITY CONFLICT” MEANS CIRCUMSTANCES IN WHICH A PROPOSED ROAD IMPROVEMENT PROJECT BRINGS UTILITY FACILITIES OUT OF COMPLIANCE WITH REGULATORY AGENCY STANDARDS OR EXISTING UTILITY FACILITIES PRECLUDE OR HINDER THE CONSTRUCTION OF A ROAD IMPROVEMENT PROJECT.:
• (2) (a) IF A LOCAL GOVERNMENT ENGAGES IN OR PROPOSES TO ENGAGE IN A ROAD IMPROVEMENT PROJECT THAT WILL REQUIRE THE RELOCATION OF UTILITY FACILITIES DUE TO A UTILITY CONFLICT, THE LOCAL GOVERNMENT SHALL:
  • (I) NOTIFY THE NOTIFICATION ASSOCIATION, CREATED IN SECTION 14 9-1.5-105 (1), WITH AN ENGINEERING OR SUBSURFACE UTILITY ENGINEERING NOTIFICATION TO IDENTIFY EACH UTILITY COMPANY THAT HAS UTILITY FACILITIES IN THE AREA OF THE ROAD IMPROVEMENT PROJECT; AND
  • (II) ELECTRONICALLY NOTIFY IN WRITING EACH UTILITY COMPANY IDENTIFIED PURSUANT TO SUBSECTION (2)(a)(I) OF THIS SECTION. THE NOTICE PROVIDED MUST FOLLOW THE REQUIREMENTS OF SUBSECTION 21 (2)(b) OF THIS SECTION.

Minimum Parking Requirements HB24-1304

Concerning parking requirements within metropolitan planning organizations. https://www.leg.colorado.gov/bills/hb24-1304

• “COUNTY” MEANS A COUNTY, INCLUDING A HOME RULE-7 HB24-1304 1 COUNTY BUT EXCLUDING A CITY AND COUNTY.
• “LOCAL GOVERNMENT” MEANS A MUNICIPALITY THAT IS WITHIN A METROPOLITAN PLANNING ORGANIZATION OR A COUNTY THAT HAS UNINCORPORATED AREAS WITHIN A METROPOLITAN PLANNING ORGANIZATION.
• “LOCAL LAW” MEANS ANY CODE, LAW, ORDINANCE, POLICY, REGULATION, OR RULE ENACTED BY A LOCAL GOVERNMENT THAT GOVERNS THE DEVELOPMENT AND USE OF LAND, INCLUDING LAND USE CODES, ZONING CODES, AND SUBDIVISION CODES.
• ON OR AFTER JANUARY 1, 2025, A MUNICIPALITY SHALL NEITHER ENACT NOR ENFORCE LOCAL LAWS THAT ESTABLISH A MINIMUM PARKING REQUIREMENT THAT APPLIES TO REAL PROPERTY THAT IS BOTH WITHIN THE MUNICIPALITY AND A METROPOLITAN PLANNING ORGANIZATION.
• NOTHING IN THIS SECTION:
  • (a) LOWERS THE PROTECTIONS PROVIDED FOR PERSONS WITH DISABILITIES, INCLUDING THE NUMBER OF PARKING SPACES FOR PERSONS 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;
  • (b) PREVENTS A LOCAL GOVERNMENT FROM ENACTING OR ENFORCING LOCAL LAWS THAT ESTABLISH A MAXIMUM PARKING REQUIREMENT;
  • (c) PREVENTS A LOCAL GOVERNMENT FROM ENACTING OR ENFORCING LOCAL LAWS THAT ESTABLISH A MINIMUM PARKING REQUIREMENT FOR BICYCLES; OR
  • (d) PREVENTS A LOCAL GOVERNMENT FROM IMPOSING THE FOLLOWING REQUIREMENTS ON A MOTOR VEHICLE PARKING SPACE THAT IS VOLUNTARILY PROVIDED IN CONNECTION WITH A LAND USE APPROVAL:

The April Newsletter will be covering the upcoming legislative session and all changes being considered.

Note: The material contained in this newsletter is provided for informational purposes only and does not represent a legal opinion on any subject matter. We encourage you to review this summary and consult with your legal counsel to determine applicability to your particular situation.

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