April 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.

Rights-of-Way Permits for Broadband Deployment SB24-091

Concerning the creation of an additional process by which entities may gain access to public rights-of-way for the deployment of broadband. https://leg.colorado.gov/bills/sb24-091

• (a) THE DEPARTMENT SHALL ALLOW COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY ACCESS TO BROADBAND PROVIDERS SEEKING TO USE PUBLIC RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND.
• (b) ANY ENTITY THAT INTENDS TO GAIN ACCESS TO PUBLIC RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND MAY CHOOSE TO PURSUE EITHER THE PERMIT AND FEE STRUCTURE PROCESS SPECIFIED IN THIS PART 2 OR THE PUBLIC-PRIVATE INITIATIVE AGREEMENT PROCESS SPECIFIED IN PART 12 OF ARTICLE 1 OF TITLE 43 TO GAIN ACCESS TO PUBLIC RIGHTS-OF-WAY.
• (c) THE PROVISIONS OF PART 12 OF ARTICLE 1 OF TITLE 43 DO NOT APPLY TO THE PERMIT AND FEE STRUCTURE PROCESS CREATED IN THIS PART 2.

• 38-5.5-203.Permit fees – public rights-of-way – use for deployment of broadband.
  • (1) THE DEPARTMENT MAY IMPOSE A ONE-TIME PERMIT PROCESSING FEE IN CONNECTION WITH AN APPLICATION TO GAIN ACCESS TO PUBLIC RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND PURSUANT TO THIS PART 2. OTHER THAN THE PERMIT PROCESSING FEE AUTHORIZED IN THIS SUBSECTION (1), THE DEPARTMENT SHALL NOT IMPOSE ANY OTHER FEE OR CHARGE FOR ACCESS TO PUBLIC RIGHTS-OF-WAY FOR THE DEPLOYMENT OF BROADBAND.

Housing in Transit-Oriented Communities HB24-1313

Concerning measures to increase the affordability of housing in transit-oriented communities, and, in connection therewith, making an appropriation. This is one of the spiritual successor bills to the original SB23-213 Land Use Bill from last year https://leg.colorado.gov/bills/hb24-1313

• “ACCESSIBLE UNIT” MEANS A HOUSING UNIT THAT:
  • (a) SATISFIES THE REQUIREMENTS OF THE FEDERAL “FAIR HOUSING ACT”, 42 U.S.C. SEC. 3601 ET SEQ., AS AMENDED;
  • (b) INCORPORATES UNIVERSAL DESIGN; OR 25
  • (c) IS A TYPE A DWELLING UNIT, AS DEFINED IN SECTION 9-5-101 26 (10); A TYPE A MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION 1313-8 9-5-101 (11);
    • A TYPE B DWELLING UNITY, AS DEFINED IN SECTION 9-5-101 1 (12);
    • OR A TYPE B MULTISTORY DWELLING UNIT, AS DEFINED IN SECTION 2 9-5-101 (13) (15)
• “UNIVERSAL DESIGN” MEANS ANY DWELLING UNIT DESIGNED AND CONSTRUCTED TO BE SAFE AND ACCESSIBLE FOR ANY INDIVIDUAL REGARDLESS OF AGE OR ABILITIES.
• “LOCAL GOVERNMENT” MEANS A MUNICIPALITY, COUNTY, OR 7 TRIBAL NATION WITH JURISDICTION IN COLORADO.
• “MUNICIPALITY” MEANS A HOME RULE OR STATUTORY CITY 16 OR TOWN, TERRITORIAL CHARTER CITY OR TOWN, OR CITY AND COUNTY.
• (4) Housing opportunity goal compliance.
  • (a) IF A TRANSIT-ORIENTED COMMUNITY DOES NOT MEET ITS HOUSING OPPORTUNITY GOAL ON OR BEFORE DECEMBER 31, 2026, THE DEPARTMENT SHALL DESIGNATE THE TRANSIT-ORIENTED COMMUNITY AS A NONQUALIFIED TRANSIT-ORIENTED COMMUNITY.
  • (b) ON OR BEFORE DECEMBER 31, 2027, A TRANSIT-ORIENTED COMMUNITY SHALL MEET ITS HOUSING OPPORTUNITY GOAL.
  • (c) TO ENSURE THAT A TRANSIT-ORIENTED COMMUNITY MEETS ITS HOUSING OPPORTUNITY GOAL, A TRANSIT-ORIENTED COMMUNITY SHALL:
    • (I) DESIGNATE AREAS WITHIN THE TRANSIT-ORIENTED COMMUNITY AS TRANSIT CENTERS AND ENSURE THAT THOSE AREAS SATISFY THE REQUIREMENTS IN SECTION 29-35-206;
    • (II) 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; AND
    • (III) SUBMIT A HOUSING OPPORTUNITY GOAL REPORT AND HAVE THE REPORT APPROVED BY THE DEPARTMENT PURSUANT TO SUBSECTION (8) OF THIS SECTION.

Airport Accessibility Requirements HB24-1452

Concerning airport accessibility requirements https://www.leg.colorado.gov/bills/hb24-1452

SECTION 2. In Colorado Revised Statutes, add 43-10-118 as follows: 43-10-118. Large hub airport accessibility – duties – civil action definition:

(1) EACH LARGE HUB AIRPORT IN COLORADO HAS THE FOLLOWING DUTIES RELATED TO ACCESSIBILITY AND SAFETY:

• (a) ON OR BEFORE JULY 1, 2024, ESTABLISH AN ADVISORY COMMITTEE FOR THE CROSS-DISABLED COMMUNITY. THE ADVISORY COMMITTEE MUST HAVE REPRESENTATION FROM PERSONS WITH VARIOUS DISABILITIES AND SHALL PROVIDE INPUT DURING AIRPORT RENOVATIONS TO ENSURE BASIC ACCESS AND EQUITY IN AIR TRAVEL. THE ADVISORY COMMITTEE SHALL MAKE REGULAR ASSESSMENTS TO IDENTIFY AREAS FOR IMPROVEMENT AND ACKNOWLEDGE SUCCESSES
• (b) ON AND AFTER JULY 1, 2024, CONSULT WITH THE DISABLED COMMUNITY AND CONFER WITH THE ADVISORY COMMITTEE DURING THE CONSTRUCTION OF WALKWAYS AND OTHER FACILITIES AT THE AIRPORT;
• (c) ON OR BEFORE JULY 1, 2024, INCORPORATE WAYFINDING TECHNOLOGY TO ASSIST INDIVIDUALS WHO ARE BLIND OR VISUALLY IMPAIRED TO NAVIGATE THE AIRPORT INDEPENDENTLY WITH OR WITHOUT AUXILIARY SERVICES;
• (d) ON OR BEFORE JANUARY 1, 2026, CREATE, MAINTAIN, AND UPDATE, AS NECESSARY, AN ELECTRONIC DASHBOARD TO REPORT AND TRACK BASIC ACCESS SHORTCOMINGS AND VIOLATIONS THROUGHOUT THE TRAVEL PROCESS. THE DASHBOARD MUST INCLUDE A PUBLIC INQUIRY FORM THAT ALLOWS AN INDIVIDUAL TO DIRECTLY REPORT AN ACCESSIBILITY EXPERIENCE AT THE AIRPORT.
• (e) ON OR BEFORE DECEMBER 31, 2026, DEVELOP AND PROVIDE ONGOING, COMPREHENSIVE TRAINING PROGRAMS FOR AIRPORT STAFF ON THE HANDLING OF MOBILITY DEVICES, INCLUDING POWER WHEELCHAIRS, MANUAL WHEELCHAIRS, WALKERS, CANES, MEDICAL EQUIPMENT, AND ADAPTIVE SPORTS EQUIPMENT;
• (f) ON OR BEFORE JUNE 30, 2030, INSTALL AND MAINTAIN RESTROOMS FOR INDIVIDUALS WITH DISABILITIES THAT INCLUDE COMPANION CARE CHANGING TABLES, INCLUDING AT LEAST ONE ACCESSIBLE PUBLIC RESTROOM IN EVERY TERMINAL;
• (g) ON OR BEFORE DECEMBER 31, 2030, ENSURE THAT THE AIRPORT HAS AND MAINTAINS AN ADEQUATE NUMBER AND VARIETY OF BELT LOADERS TO SAFELY HANDLE MOBILITY DEVICES WITHOUT ENDANGERING STAFF OR THE MOBILITY DEVICES; AND
• (h) ON OR BEFORE DECEMBER 31, 2030, USE ELEVATORS TO TRANSPORT POWER WHEELCHAIRS FROM THE TARMAC TO THE JETWAY AND GIVE PRIORITY USAGE OF AN ELEVATOR TO POWER WHEELCHAIRS AND OTHER MOBILITY DEVICES THAT REQUIRE THE USE OF AN ELEVATOR FOR TRANSPORTATION TO AND FROM THE TARMAC.

The May 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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