Bill Tracker

Extends the time frame for construction of a well outside the boundaries of a designated groundwater basin to 2 years (rather than 1 year) after receiving a permit. Also removes the requirement that the commission or state engineer mail a certified letter to the permit holder prior to expiration and allows these entities to reinstate an expired permit if the applicant can show the well was completed in a timely manner and pays a $30 fee. The bill also divides the division engineers’ decennial water rights report into two batches, extends certain timeframes related to the well permitting process, and eliminates final permitting requirements for non-Denver Basin bedrock aquifer wells in designated basins.

A fact sheet is available here: 

https://shorturl.at/Eg7dw

A county with Sangre de Cristo land grant lands may opt in to require applications for certain large fencing projects on or after July 1, 2025. If it opts in, the county must review applications based on specified criteria (height, material, wildlife crossings, etc.) and may waive the requirement if no significant environmental impacts are found. Applications must be approved or rejected within 60 days of receipt.

This bill is meant to address current tensions in the Sangre de Cristo land grant lands.

Current law grants a municipality police power over land that it acquires outside its municipal limits for use as parks, parkways, boulevards, or roads. The bill extends this authority to land that a municipality acquires for open space and natural areas, regardless of whether such areas are open or closed to the public.

The bill was amended to remove implications for water and eminent domain.

The bill would have (1) Created a regional homelessness response district, formed by counties and municipalities to reduce and prevent homelessness; and (2) Allowed a county clerk and recorder to designate money collected from documentary filing fees to be transferred to a housing agency for the purpose of developing, preserving, or acquiring affordable housing aligned with demonstrated community needs for homeless individuals. The bill would also have formalized the Governor’s interagency council on homelessness and directed the Office of Homeless Initiatives to convene the continuum of care organizations more frequently.

CCI had concerns that the filing fee component would create the appearance of a funding source when, in reality, the fee is too small to make a meaningful impact. CCI also had concerns about fiscal impacts of the legislation.

The statutory definition of “clean energy” determines which energy projects are eligible for clean energy project financing at the county and city and county level. The statutory definition of “clean energy resource” determines which energy resources may be used by a qualifying utility to meet the 2050 clean energy target. The bill updates these two definitions to include nuclear energy.

Allows a local government to impose installation/operational requirements for electronic fence detection systems within the local government’s adopted process for the permitting of alarm systems. Also allows a local government to require a permit for the installation of such a system that is not in addition to permits required for installation of other alarm systems.

Current law prevents local governments from implementing anti-growth laws that explicitly limit the population/housing growth except under certain circumstances. The bill adds that an anti-growth law includes a regulation that, in census urban areas, explicitly decreases the permitted residential density or residential uses of land relative to those allows on July 1, 2025, without ensuring a corresponding increase in density or uses elsewhere in the jurisdiction. The bill also allows municipalities to seek a judicial determination as to the legality of a proposed land use ordinance that restricts or limits development prior to an election.

The bill came forward in response to a development disagreement and legal challenge in Lakewood.

The bill has been significantly amended to remove the original mandate in the bill. Now, the bill exclusively implements fixes to the SolarAPP grant program, extending the timeline during which a local government may use a grant for up to three years after the grantee implements the software.

Would have required the Water Quality Control Commission to issue written guidance specific to the development of the daily maximum amount of a pollutant from all sources that is allowed to enter state waters so that an applicable water quality standard is met (total daily maximum load, or TMDL). Also would have required TMDLs to be set using “credible data,” including data that has been collected within the last five years and relevant historical data.

The bill was postponed indefinitely because the fiscal note could not be eliminated.

Under current law, local governments are prohibited from allowing the installation of nonfunctional turf, artificial turf, or invasive plant species in new developments or redevelopments on commercial, institutional, and industrial properties, as well as rights-of-way, parking lots, medians, and transportation corridors. Local governments have the authority to define “functional turf” - that is, what kinds of grass areas are used regularly for civic, community, or recreational purposes – as appropriate for their communities.

HB25-1113 expands the definition of “applicable property” to include multifamily residential housing property with more than 12 dwelling units. For all other residential real property, the bill requires local governments to enact ordinances, resolutions, or regulations for new development and redevelopment projects to regulate the installation of nonfunctional turf beginning January 1, 2028. The mechanism for regulating installation is up to the local government.

Would have established the Septic-System Replacement Enterprise to provide interest-free or low-interest loans to low-income households for replacement of failing septic systems. The enterprise would be a Type 1 entity funded by a fee on septic system permits and governed by a 7-member board (including one rural county commissioner, one rural county board of health member, and one member representing an association of Colorado counties). The fee structure was as follows: $10 if the permit is <$500; $50 if the permit is $500 - $999; $100 if the permit is $1,000-$1,399; and $200 if the permit is $1,400+.

CCI was concerned about increasing the cost of septic permits, especially given the existing affordability challenges for housing and rural septic systems, and the general fiscal impact of the bill.

Beginning December 31, 2026, would have required jurisdictions with populations >2,000 to allow a residential development to be constructed on a qualifying property (<5 acres owned by a faith-based organization or educational institution), subject to an administrative approval process. Subject jurisdictions would have been prohibited from imposing standards that are more restrictive than those in the underlying or contiguous zoning requirements. Jurisdictions would also be required to allow childcare and the provision of recreational, social, or educational services as uses in such residential developments, but they could condition these uses on occupying no more than 15% of the development. Exempt parcels included those with inadequate water and sewage infrastructure and/or septic and parcels where residential use is limited by state regulation, federal regulation, or deed restriction. The bill was amended to clarify that counties may still impose short-term rental regulations on the property and to include affordability requirements.

Establishes the Regional Planning Roundtable Commission within the Department of Local Affairs (DOLA) to, at a local government’s request, provide support for certain planning efforts. The commission is a Type 2 entity with 21 members, including representatives from CML, CCI, SDA, a regional council of governments, and four members representing distinct regions of the state.

The bill was amended to clarify that the commission meets ONLY at a local government’s request and to expand its membership to include key groups like the Department of Agriculture.

The bill updates energy use benchmarking and performance standard requirements for covered building owners (buildings of 50,000 square feet or more that are not public buildings). This includes a requirement to meet 2040 performance standards, as adopted by the Air Quality Control Commission (AQCC), authorizing an alternative compliance mechanism for certain performance standards, and aligning civil penalties for a violation with civil penalties for other air quality violations.

The bill also creates a building decarbonization enterprise to provide financial, technical, and programmatic assistance to covered building owners to implement various building decarbonization measures. The enterprise will be funded through an annual fee on covered building owners.

Additionally, the bill clarifies that adoption of a wildfire resiliency code does not trigger energy code adoption requirements.

The bill was amended to require the AQCC to, when adopting 2040 performance standards, take into account the capital planning periods for covered buildings, feasibility for building owners, and the practical and financial feasibility of meeting the targets.

Creates the Multifamily Construction Incentive Program, which allows developers to access certain construction defect liability reforms if they meet certain criteria, including implementing a series of third-party inspections for the development, successfully repairing or resolving any instance of noncompliant design/construction identified during an inspection, and providing a warranty that covers any defect and damage at no cost for identified timelines. For developments in this program, a construction defect claim must have resulted in certain types of actual damage or unreasonable risk of bodily injury, death, or threat to life/health/safety.

The bill requires municipalities with a population of 100,000 or more that is served by an accredited fire protection district or department to, by December 1, 2027, adopt or amend a building code to allow up to five stories of a multifamily residential building to be served by a single exit. Such buildings must meet certain safety standards related to construction material, travel distance, sprinkler systems, etc. This requirement only applies to the area within a subject jurisdiction that is served by a single fire protection district or department.

The bill establishes fire safety permit reciprocity across jurisdictions if the original issuing jurisdiction adopted the most recent international fire code, and after completion of an inspection. The bill also establishes a reciprocal food safety license between Denver and other local governments (for the latter, this is already standard practice). A food truck owner or operator must provide a copy of their Denver/state food safety license or of their fire safety permit to the jurisdiction at least 14 days before operating. Notably, nothing in the bill prevents a local government from enacting and enforcing ordinances, zoning regulations, local fire codes, etc. that apply to food truck operations.

The bill was amended to remove previous prohibitions on adopting an ordinance, resolution, regulation, zoning code, or other code that limits the operation of food trucks as it relates to operating location and number of days of operation.

The bill would have limited the ability of certain special districts to use dominant eminent domain to take property owned by the state or by a home rule local government.

The bill was postponed indefinitely due to concerns from organizations – particularly water districts – about the potential for unintended consequences. It is likely there will be additional conversation over the interim among key parties.

Directs the State Housing Board and the associated Technical Advisory Committee to promulgate rules outlining regional building codes accounting for local climatic and geographic conditions for the construction and installation of factory-built structures (modular) by July 1, 2026. Allows local governments to be certified by the Division of Housing (DOH) to perform modular inspections on behalf of DOH, and allows DOH to contract for third-party review and approval of design plans for such structures. Clarifies that after rules are adopted across structures under the Housing Board’s jurisdiction, the State Plumbing Board, State Electrical Board, and State Fire Suppression Administrator do not have jurisdiction and their rules do not apply. Lastly, prohibits a county from imposing MORE restrictive standards on factory-built structures than on site-built homes in the same residential zones.

A flowchart on SB-002 is available here: https://shorturl.at/y8jOe

Current county authority over modular housing is limited to specific requirements meant to address local climate and geographic conditions. CCI has sought and secured the following amendments: increase local government representation on the TAC; explicitly prioritize public safety in the development of codes; clarify that the “highest common denominator” of existing local requirements will be adopted; require a report on the draft recommendations before the General Assembly prior to consideration by the State Housing Board; remove references treating manufactured and modular housing the same; and remove the study (the study has been replaced with a report on coordination).

Creates a battery stewardship program for battery producers and distributors in the state. Covered batteries include “a portable battery, a medium-format battery, or any battery sold loose or as an easily removable battery within a battery-containing product or motorized device” (but not including EV/car or built-in batteries). Beginning July 1, 2028, retailers must participate in a battery stewardship organization with an approved plan that details – among other things – how they will arrange for the collection of certain batteries by establishing collection sites. Beginning January 1, 2029, a person is required to manage certain batteries through delivery to a collection site rather than disposing of them in a landfill.

More information is available here: https://shorturl.at/xxeoK