Bill Tracker

Prohibits local governments from enacting or enforcing residential occupancy limits based on familial relationship status. Local governments retain authority to institute occupancy limits that are tied to clear standards necessary to regulate safety, health, and welfare.

CCI secured an amendment explicitly clarifying that local governments have authority to implement occupancy limits and ensuring septic and other regulations that go into determining occupancy limits are allowed. The sponsors also confirmed on the record that the bill will not impact a county’s ability to regulate occupancy of short-term rentals.

HB 1107 would award attorneys fees to a prevailing defendant (i.e. a local government) in any action for judicial review of a local land use decisions involving housing projects.  The bill is limited to decisions on housing projects with a net density of at least five dwelling units per acre.

This legislation should help expedite affordable housing projects in communities where there is pushback by NIMBY groups.  

Would have clarified that local governments, rather than the Air Quality Control Commission, control the regulation of burning in burn barrels. Use of burn barrels would have been permitted as regulated or unless prohibited by the local government.

The bill was postponed indefinitely in committee. Committee members mostly expressed concern about pollution from burn barrels when the wrong materials are burned.

Creates a series of requirements for certain local governments to allow accessory dwelling units (ADUs) subject to administrative review.  Any municipality in a Metropolitan Planning Organization (MPO) that has a population greater than 1,000 and any county in a MPO with a census designated place that has more than 40,000 people would come under the requirements of the bill.

The bill also creates a $10M grant program in Department of Local Affairs (DOLA) to give grants to local governments that comply with the requirements of the bill, including strategies to bring down the cost of constructing ADUs, and directs DOLA to develop a toolkit and model safety codes for factory-built structures that could serve as ADUs. Finally, the bill allocates $8 million to the Colorado Housing and Finance Authority (CHFA) to offer affordable loans, down payment assistance, and buying down of interest rates to spur construction of ADUs in compliant jurisdictions.

As amended, only Douglas County (specifically, Highlands Ranch) would now be subject to these requirements. Adams, Arapahoe, El Paso, Jefferson, Mesa, and Pueblo would no longer be included. CCI believes the development of ADUs might be a partial solution to the state’s housing crisis but preferred that counties be allowed to opt into the ADU program instead of being mandated to participate. 

Requires counties with populations of 20,000 or more according to the 2020 census to do one of the following: (1) adopt an ordinance or resolution incorporating equivalent or less restrictive standards than a model EV charging system permitting code produced by the Energy Office; (2) adopt their own code involving administrative review of such permits, ; or (3) adopt an ordinance or resolution establishing that the county does not intend to adopt either of the previous options and will continue to use its existing process for EV charger permit applications (effectively an opt out provision). Regardless of the ordinance adopted, a BOCC shall send notice of a decision to the applicant within three business days of making the decision.

Also instructs the Colorado Energy Office to create the model code by March 31, 2025, and to provide technical assistance.

Would have required a local government to adopt a building code allowing up to five stories of a multifamily residential building to be served by a single exit.

Fire chiefs, fire districts, and others expressed strong concern. Additionally, the International Code Council will already be considering potential amendments to its codes to safely allow for single stairway options.

As part of the Governor’s housing package, modifies the existing Community Revitalization Grant Program by ensuring projects eligible for Space to Create funding are eligible for this program and by extending scheduled repeal and program deadlines. Also creates the new Community Revitalization Income Tax Credit allowing a credit equal to 25% of the amount of eligible expenditures for specific capital improvement projects or main street improvements supporting creative industries.

Beginning June 30, 2025, prohibits counties from enforcing parking minimums for multifamily residential development, adaptive re-use for residential purposes, or adaptive re-used mixed-use purposes that is within the unincorporated area of the county, a Metropolitan Planning Organization, and at least partially within an applicable transit service area. There is an exception for regulated affordable housing containing twenty units or more. Still allows local governments to impose requirements on parking spaces voluntarily provided.

By December 31, 2026, and annually thereafter, local governments must submit information regarding compliance to the Department of Local Affairs (DOLA). DOLA will develop and provide best practices and technical assistance concerning parking supply management and optimization.

Seeks to increase the housing density in urban neighborhoods that are accessible by light rail or bus rapid transit. The bill applies to those counties that are within a Metropolitan Planning Organization (MPO) and have unincorporated areas that are within one-half mile of a transit station or bus rapid transit service (defined as bus service that runs every fifteen minutes or less). According to the Governor’s Office, this would include Adams, Arapahoe, Douglas, and Jefferson Counties, as well as the City and County of Broomfield.

Requires all “transit-oriented communities” to alter their zoning in order to increase the density in these communities to meet housing opportunity goals (HOGs). HOGs are calculated based on total land area times forty units per acre. Subject jurisdictions are also required to adopt various affordability and anti-displacement strategies and approaches for meeting the HOGs. Communities falling under the bill must provide a progress report every three years.

Communities meeting these requirements would be eligible for affordable housing tax credits and for grants from a new $35 million infrastructure grant program within the Department of Local Affairs. 

While CCI supports the concept of increasing density in areas adjacent to transit opportunities, there were originally strong concerns about the punitive nature of the legislation if local governments do not comply. Highway User Tax Fund (HUTF) and DOLA’s injunction authority were both removed from the bill.

Additionally, the tax credit was moved to HB24-1434, which also passed this session.

As part of the Governor’s housing package, expands and modifies the Income Tax Credit for the Preservation of Historic Structures. Also establishes a second income tax credit pool of $5M annually, reserved for an owner of a qualified commercial structure that is rehabilitated such that at least 50% of the square footage of the structure will be net new housing rental units. If the units are subject to a deed restriction, the taxpayer claiming the credit may claim an additional 5%.

Expands the Energy & Carbon Management law areas to include geologic storage operations and requires the Energy & Carbon Manegement Commission (ECMC) to adopt corresponding rules related to permitting and regulation of such operations.

Extends the date of the ECMC rulemaking evaluating the impacts of oil and gas operations from April 28 to September 30 of 2024, and requires the ECMC to evaluate the impacts of ALL operations regulated by the commission.

Allows a local government to request that the ECMC Director appoint a technical review board to assist a local government in analyzing and answering technical questions regarding local land use regulations.

Authorizes the installation of graywater treatment in new construction projects and the use of graywater statewide and allows a local government to restrict all or certain categories of graywater use. A local government that has not prohibited installation and use remains responsible for adopting adequate building codes. If a local government restricts such use, it must notify Colorado Department of Public Health & Enviornment (CDPHE).

This is a reversal of the previous approach, which prohibited the use of graywater statewide unless a local government explicitly authorized the use of graywater.

The bill was amended to focus on studying (1) the feasibility of a system for a local government green certification and of prioritizing certain grants and funds based on that certification, (2) best practices for a sustainable element of a master plan, and (3) barriers to local government climate action at the state level. It also defined the certification system based on an extensive list of required policies and strategies.

Creates a dredge and fill permit program based on the existing federal 404 permit regulations for state waters. The bill includes various exemptions, including exemptions for agriculture and other activities that were exempt from 404 permitting previously. Colorado Deparmtnet of Public Health & Enviornment (CDPHE) will promulgate rules for the program by December 31, 2025.

Following lengthy negotiations, proponents of HB 1379 and SB 127 came to an agreement resulting in Senator Kirkmeyer signing onto this bill and indefinitely postponing her own SB 127. 

Prohibits local governments from installing or allowing the installation of NEW non-functional turf, artificial turf, or invasive plant species on commercial, institutional, or industrial property or a transportation corridor.

Requires any provision of any energy code adopted by a local government beginning January 1, 2026, to be demonstrated to be cost-effective (i.e., not cause housing to be less affordable) over a ten-year period.

Would have created a high-emitter vehicle voucher program for owners of vehicles not in compliance with emission standards and with a certification of emissions waiver to bring vehicles into compliance. Would have also repealed the current tax credit for buying electric lawn and garden equipment and required the Air Quality Control Commission to create a garden rebate program to increase the use of small electric motors used as outdoor equipment. Lastly, would have required the division to regularly perform modeling studies and data analysis in the ozone nonattainment area.

Would have prevented local governments from prohibiting the use of battery-charged electric fence alarm systems and required local governments to use consistent standards as for other alarm systems; excluded purely residential zones.

Establishes a dredge-and-fill permit program, administered by the Stream & Wetlands Protection Commission, to regulate the discharge of pollutants in response to the Sackett v. Enviornmental Protection Agency (EPA) decision in May of last year (which limited the wetlands and streams protected as “Waters of the U.S.”). Directs the Commission to promulgate rules concerning permit issuance and, until it issues those rules, prohibits Colorado Department of Public Health & Enviornment (CDPHE) from taking enforcement action against dredge or fill activities. Includes a list of exemptions, including for discharge of materials into wastewater treatment systems, into prior-converted cropland, and from normal farming and ranching activities.

Following lengthy negotiations, proponents of HB 1379 and SB 127 came to an agreement resulting in Senator Kirkmeyer signing onto HB 1379 and indefinitely postponing this bill.

Intended to incentivize the conversion of outbuilding structures – primarily in agricultural areas – into accessory dwelling units (ADUs).

Required a pause on oil and gas pre-production activities during implementation season (June 1 through August 31). Directed the Air Quality Control Commission (AQCC) to hold a rulemaking by 2026 on pollution from indirect sources (new or existing property that generates or attracts mobile source activity resulting in emissions; includes highways and roads, retail and commercial facilities, construction sites, etc.) to reduce related emissions. Created a nitrogen oxides emissions budget for emissions of nitrogen oxides by oil and gas operations in the nonattainment area, to be set by rule via the AQCC, and for such emissions by motor vehicles. Created a joint public database of oil and gas air emissions data for the Colorado Department of Public Health and Environment (CDPHE) and the Energy & Carbon Management Commission (ECMC).

The bill was postponed indefinitely in favor of the oil and gas “compromise package” (SB24-229 and SB 24-230) introduced toward the end of session.

Defined “repeat violator” as a person that, in a three-year period, committed five or more violations from separate events at the same source. Violations would not have included results from a malfunction or voluntarily disclosed violations. Required Colorado Department of Public Health & Enviornment (CDPHE) to issue a compliance order including a civil penalty for violations by a repeat violator. Allowed a person to commence a civil action against an alleged violator of air quality laws within five years of the discovery of the alleged violation. Also raised the maximum civil penalty for violating a local government’s air quality regulations from $300 to the amount provided by state air quality laws.

The bill was postponed indefinitely in favor of the oil and gas “compromise package” (SB24-229 and SB 24-230) introduced toward the end of session.

Directs the Department of Local Affairs (DOLA) to developing housing needs assessment (HNA) methodologies and to conduct a statewide HNA by November 30, 2027, and every six years thereafter. Requires local governments with unincorporated populations of 1,000 or more to conduct and publish local or regional HNAs beginning December 31, 2026, and no less frequently than every six years thereafter. HNAs published from 2022 onward may be considered for grandfathering in.

Local governments with unincorporated populations of five thousand or more must create a housing action plan (advisory document) by January 1, 2028, and every 6 years thereafter.

DOLA must publish a directory of standard and long-term affordability strategies to guide local governments; a strategic growth report; and a coordinated report with relevant state agencies on natural land and agricultural interjurisdictional opportunities.

Requires local government master plans to include: A narrative description of the procedure used for the development and adoption of the master plan; no later than December 31, 2026, a water supply element; and no later than December 31, 2026, a strategic growth element, unless a county or region has not received funding to include the element and either has a population of 20,000 or less and has experienced negative population growth, or has a population of 5,000 or less. Counties and municipalities must submit their master plan and any separately approved water or strategic growth element to the Division of Local Government for review and acceptance.

DOLA must provide technical assistance through a grant program, provision of consultant services, or both to aid local governments in establishing regional entities, creating HNAs and action plans, and enacting development laws and policies. The grant fund is continuously appropriated with an initial transfer of $15M.

Allows the state to ensure development on state-owned land qualifies for the Federal Emergency Management Agency (FEMA) program be instructing the Office of the State Architect to develop a state floodplain management program for development on state-owned land located in jurisdictions that do NOT participate in the FEMA national flood insurance program or equivalent by June 30, 2025. This would not take over from jurisdictions that do have such programs.

Prohibits forced pooling of local governments and adds some general requirements for entities seeking a pooling order.

Allows the Energy & Carbon Management Commission (ECMC) to provide technical support to local governments at their request concerning the development of renewable energy codes or the review of proposed renewable energy project applications. Allows facility owners or local governments to request a set of best management practices specific to wildlife from Colorado Parks & Wildlife (CPW) (without a requirement that either party adopt those practices). Requires the Energy Office to develop a repository of codes and ordinances for local government reference, and requires them to conduct a study of (1) the siting of commercial-scale renewable energy projects, (2) lower and lowest conflict development areas, and (3) wildlife mitigation, decommissioning, and Community Benifits Agreements (CBAs). Lastly, requires tribal consultation within the Brunot Agreement area.

Attempted to clarify that short-term rental licensing and permitting does not apply to structures that do not receive water, heat, sanitary sewer, or electrical services from a public entity and is used for recreational purposes.

This bill is likely to come back again next year, but this time with stakeholder conversations involving local governments in advance. CCI – as well as many other local government organizations – was concerned that the bill went far beyond its intended scope and would have broadly opened STR regulations up to lawsuits.

This bill has many sections within, but the local government nexus concerns the Energy Code Board and local government grants. The Board’s development of the model low energy and carbon code, which it was previously directed to create and which must be adopted by a local government that adopts or updates any building code after July 1, 2026, has taken more time and been more expensive than expected. The bill would extend the deadline for the Board to develop the code by three months and would allocate another $125,000 of the local government implementation grants to the Board to cover the cost of development.

This would have the effect of decreasing the amount of money the Energy Office can issue in grants to local governments to support their adoption and enforcement of the 2021 International Energy Conservation Code and Electric Ready and Solar Ready Code by $125,000. Given that local governments will be required to adopt these codes, we DO want them to be properly developed, but we had concerns about using the limited pot of grant funding for implementers.