State housing laws and compliance

use the legislature to compel them to provide the service that they are legally responsible for providing.

But we are required by state law to offer developers a choice in how to meet that affordable housing requirement

from the Boulder Valley comp plan to House Bill 101, the transportation oriented communities down to our ordinance 866

we're really focusing on three pieces of state legislation that we've not talked to you about

Update to City Council on recent State Legislation and State Funding Land Use Code Changes

Then the effects on top of that of House Bill 14:30, which passed this last legislative session, uh was designed to counter this measure.

Our policy statement speaks pretty directly to opposing mandates on the city when it comes to enforcing federal immigration laws

This item will also provide an overview and summary of recently adopted city ordinances in reaction to state bills on land use.

So housing and land use is a perennial issue in the legislature.

And it aligns local planning with the latest state legislation.

And then we have other things going through state legislature, like lot splitting and the like

things like House Bill 1313, which really mandate that we're looking at more density around transit, corridors.

when our state law uh made it more difficult for evictions

And as a reaction, the state legislature basically management control.

calculation of the housing opportunity goal that's required by um House Bill I think 1313 from two years ago

House Bill 1065 is something that we're following. This is the transit and housing investment zones

So last week, we had a discussion about House Bill 1001, which is the Home Act, and they had identified

the committee recommended that we advance House Bill uh 26101, the Home Act

undermines home rule authority. preempts Boulder's constitutional right to regulate land use

Tomorrow is a really great example of one such issue, where we will be talking about House Bill 1001, which is the Home Act and land use issues.

the state laws made huge progress, but, like, really what needs to happen is

She also advocated for and supported bills on renters protections, accessible housing, and environmental justice at the state legislature.

legislature that will, consolidate and kind of clean up the building codes that govern manufactured housing.

had a two two-year process on this. state law came along and to comply with state law and

it's it's state law and my best recollection um is that uh it's mid2027 or end of 2027

you have to have a 90-day process in place

to comply with state law from our current five seats to 13

We will have to make some structural changes to um get under compliance with state law

but my understanding was state law mostly doesn't affect lower residential

with state legislation now allowing RTD to serve areas outside of their district, it could be a service that RTD would take on

with the passage of recent state legislation and leadership by Governor Polis. We are seeing pretty exciting opportunities

The coalition retains state lobbyists to help guide positions on state legislation

moving forward with meeting the state bill, you can see that that scope has increased with the adoption of the House bill this year

following HB 241313 on the transit oriented communities now that that's kind of state law

The state law lays out the requirements to impose the fees, most notably the need for a nexus study

That is one of the requirements that was imposed by state law that, at a certain time, the city can no longer enforce

So we kind of changed thinking when that house bill came.

when the House bill came with the elimination of parking requirements, we kind of had to rethink that equation

Senate Bill 161 that just passed comes with a requirement to assess whether a neighborhood

Uh the Senate bill also requires a housing action plan by January 1st, 2028.

The reason we're here is Senate Bill 24174 that requires that jurisdictions complete a housing needs assessment.

So, the Senate bill has specific language about water availability and other infrastructure.

in that expanded the scope of of last year's bill to include multi-unit development

there was a fairly serious movement at the legislature to try to institute some form of rent stabilization

state legislation passed um requires um those types of properties to notify um the the city

some of our park owners have expressed that they have benefited greatly from a recent cap that the legislature put in place

the requirements of the land use design bills and saying they violate the State Constitution and the Home Rule authority of those communities.

Senate Bill 20 was really a bill in response to the terrible news

we made the changes to be compliant with all the State laws.

House Bill 24304 was passed last year and what it does is prohibit jurisdictions like Boulder from having those minimum parking requirements

The first was in reaction to the state legislation that was passed last year related to minimum parking requirements.

the parking minimum language in the state legislation is very clear that developers probably know the parking needs the best

That's state law. It does not define what reasonable is, but it contemplates.

there's a new State law that says if someone has been renting a unit for more than a year

that may be gone within a month or 2 to try to correspond with State law

So last year, Colorado State Legislature passed House Bill 2413, 0, 4.

the House Bill that was passed related to minimum parking requirements.

I looked at House Bill 2413, 0, 4.

And, you know, advocating through the State law, which is the main authority over mobile home communities and the mobile home type.

and then, as I will talk to in a little bit, we get into a lot of State legislation, activity

rather than limiting it to just the extent of the State Bill.

House Bill 2413, 0, 4 was passed by the legislature which actually prohibits local

the Colorado State Legislature, passed a bill related to minimum off street parking requirements

we cannot enforce the minimum parking requirements for vehicles for multifamily

it wouldn't be adopted in time for the State legislation based on the the deadlines.

That was passed by the Colorado State Legislature related to minimum parking requirements

all within state law and their legal right to do that

Rent control is not still allowed under state law.

I think, again, I think this is also what I've learned early on about state law

also based on the state law uh any prior approvals that might have restricted occupancy through a special approval

updating our occupancy standards to conform uh with recent state law

It sounds to me like that's a State law issue.

the Transit Oriented Communities Bill was passed by the State last year.

as we come into compliance with State law and parking minimums go away.

for 20 years we've been breaking State law by having our own foundation and tie down requirements which we weren't allowed

does TDM now that we're doing with Transit oriented communities effectively frontload all planning and permiting

as the house bill uh made mention of the estimated cost of building a single structured parking space

the house bill that was adopted by the state legislature which prohibits cities like Boulder

there's some State law issues for us around what we can and can't do with the Pud

and this is just to conform the local ordinance to state law

and that is occupancy and changes required by State law

the state law will encourage increased housing for as much as a quarter mile from transit so we can certainly do more here

Family, friendly, vibrant neighborhoods and State laws come into effect.

to get into compliance with some of the state laws around um allowing a little more density in some of the single family areas

There's 67 jurisdictions in the State that are subject to the House Bill 1152.

The project scope for this is to align the adu standards in our city code with the recent House Bill 2411, 52

to update residential occupancy standards to ensure conformance with the Colorado House Bill 24, 1 0 0 7.

Well, the the state law doesn't allow enforcement of the occupancy rules that are in effect.

Is the State law mandate a deadline to make it happen well with with 80 use, I think it says, by middle of 2025.

Updated occupancy and adu changes required by State law. This is an informational item that we will not vote on.

some of the compliance changes we need to do for state law regarding um adus

the state legislation takes place if that automatically applies to projects

we're working in this world where the state legislation is evolving

the housing and Transit oriented communities bill which um talks about uh increasing density

we have the natural medicine ordinance update to meet state law and

just this year the governor signed a number of housing related bills aimed to address the housing shortage that's House Bill 24-3

which prohibits minimum parking requirements if the property is at least partially located

because this the State law did specify a specific use

the reason is because the State Bill only applies to multifamily residential

as State law comes into effect, and we bring our code into alignment

So it's my understanding under State law and Colorado municipalities like Boulder cannot do rent control just period.

our Gms program inconsistent with State law. So that was repealed.

So you're you're probably pretty aware of some of the changes that happened at the State Legislature this year.

We need to have the parking code changes in place by June of next year

which gets rid of minimum parking standards for multifamily housing within transit service areas

based on new change to state law that I don't think everyone's I digested. But basically the law has changed in Colorado.

I don't think the city has the power to regulate that. That's by State law. I don't know if there'd really be opposition to that,

So under our State law, when an eviction summons is served again, this is when the complaints been filed, lawyers have been hired.

So we do have to make an update to the code. So we are preparing a new ordinance that will come before planning board this fall.

the bill prohibits minimum parking requirements. If a property is at least partially within what's called the transit service area

So we've done some initial estimates based on the House Bill.

with the new State laws nearly all of the city of Boulder would be required to repeal or or not enforced parking minimums.

the state Bill also states that compliance with the bill is required by June 30th 2025

this year house bill 24304 was passed by the Colorado State Legislature the bill states that cities are prohibited

there's certainly not a requirement that I'm aware of that we would need to submit that information to the state um you know for compliance

particularly based on some of the the recent State legislation changes and other code updates

just a little bit more about legislative action.

One part of the State Bill on the Transit Oriented communities is to not require discretionary review for any multifamily housing

the State law is actually impacting that we're gonna have to change the code

that will be making adjustments to the transit. Ordered communities will require action over time

does the recent State legislation, promoting development along transit corridors relate to this project?

Add meeting, and ask, you know, get a bigger rundown on those changes in state law.

a lot of these questions will get answered around like what the implications are from the State Bill.

as this issue matures on how the State laws will affect local policy like what's good timing?

single family house in any zone can basically build an idea

I think everyone's aware that that housing bills passed in the flurry at the end of the session in the Statehouse.

the state has passed something a bill that actually requires removal of occupancy rules that relate

the state has also gotten involved on this topic uh in recent years uh folks will remember

It's a bill on the legislature to eliminate 2 means of egress from 5 story buildings.

And then Senate Bill 146, is an interesting bill that would offer a tax credit for renters.

that in House Bill 1313 would also create a new state affordable housing credit for those developments near transit.

So the reason you all invited me here was to talk about legislation.

2023 State laws was 25 pages, and that was like somebody having recovered about 50 different State laws

Senate Bill 35 was passed a few years ago. It's a streamlined review bill

I think California is an interesting place to look to a number of things that the Colorado Legislature is looking at legislature.

it's a bill called Transit oriented communities and it has to do with increasing the average Zone density in transit related areas

2 to 3 to 4 year kind of time, or something, you know, for cities to comply with those state laws

the law is intended to remove zoning and land use barriers to housing units

this is in reaction to a state law that was passed last year that prohibits municipalities from enacting or enforcing anti-growth laws

it is required by state law so we should comply with state law

State law requires that the city Give developers choices.

convene local governments and stakeholders to have a conversation about what will be palatable

the State law it does have a little bit of an escape clause

Could we go back to the language of the State

in response to the Colorado House Bill 2312, 55

intergovernmental Affairs uh maybe I'll just describe this since I have the floor um and just to clarify uh Rachel rotated off the IG a little while back

one of the bills that's going to be run is going to relate to parking at this point

is monitoring and reacting and providing input where it's asked regarding State law land use potential legislation

the ways that the housing bill is being split up

the core components of that bill are going to return in the 2024 session

I think the council is aware of of the Senate bill that we were looking at earlier this year

we got a little bit of help from the state legislature a couple years ago

there's actually been State legislation that requires additional housing, loosening up occupancy restrictions

I think the Board is aware of the State Bill, the Senate Bill that we were considering several weeks ago.

there's a state law requirement that voters approve a city is getting into this to an ISP business um which our voters uh waived that rule

they've passed State legislation to affect housing costs by being more lenient on different housing types.

you're all aware of the Senate bill that went through the State that actually did not pass.

Or is that like a State law? And we can't do anything, or we couldn't subsidize

there's been some State legislations and court rulings that have made occupancy based on familial

that related to zoning and land use which is not too common here in Colorado

the state legislature actually brought forward a Senate bill

with the change in the state law there's not a whole lot of difference because you can

we've been in contact with a number of different Washington and Oregon communities that are responding to state legislation

That Senate Bill did not pass so we are still moving forward with local legislation.

where there's actually been past State legislation and court rulings many of which have made occupancy illegal.

the State had kind of taken up the endeavor to to create some changes that would apply to localities

in May of this year the Colorado legislature passed House Bill 23 1255 which basically prohibits such a program

the states out there have actually just recently passed state laws like the bill we saw here in Colorado

in light of the recently adopted State legislation that prohibits local residential growth management does city council support repealing

I want to at least give us the option of discussing uh anything we might want to do to cope with overriding State legislation

in the next four days we're gonna have a pretty good idea some of the things that the legislature has talked about doing with adus

If if the State legislation passes as it is, we may have to, because the way it's written right now

we've seen a new proposed Colorado Senate Bill 23 2 1 3, that would actually put some bold measures forward if past

I'll touch on the State legislation. The draft, or propose the legislation that's going on right now, which is of interest.

That was that regarding the State law, did you say?

asking the governor to override our Municipal Authority is an abdication of council's responsibilities

I'm a no on hb23 I want to see more housing but with guarantees of affordability

Senate Bill 23 213 was introduced in the Senate on March 22nd

Any any questions on the latest Senate Bill.

a draft of a new Colorado Senate bill 23 d, 2 1 3, was unveiled that relates to land use statewide.

and then i'm going to pause on the part 3, which is State legislation on land use.

there are movements at the State Legislature. which might render kind of null the efforts that Staff have done

because State legislation May Force our hand uh inevitably in that regard

if the state housing legislation doesn't pass this year it will pass in the near future

Some Rhode Island, for example, has a homeless bill of rights.

some of those examples are really west coast states have state legislation that make it illegal to have zoning laws on occupancy

and the changes that come before us to the legislature. so that we better understand what the outcome is going to be.

one of our planning Board members wanted to make sure that we were including this State kind of context for State legislation

we are also supporting the bill that will deal with rent control that will be certainly a Hot Topic

it is unfortunate the way that the State Legislature just moves it at sort of Breakneck speeds

at its heart this measure is about our city council wanting to delegate their lawmaking responsibility to the state

consistent with how the reviews are supposed to go in accordance with state law

the State law was amended with requirements, and we, of course, are subject to the State law

Washington has required since the 90s that all cities of a certain size allow adus

there were some state law Changes relative to a affordable housing and rental units

And there's also specific state laws that apply to those reviews that we wanted to reference in the code.

there's been some changes in State law relative to ownership that are our friends and in the housing department are looking at

enough of a caucus or a coalition of municipalities to get State legislation done to drive more compact infill development.

because the city is out of compliance with these State laws

this is a place where State law and local policy can work together, so San Diego has gone further than what State law requires

Portland, which has gone gone above and beyond what State law requires.

the state has created a middle-income Housing Authority with special powers to help encourage ownership

some concerns about changes in state law that relate to affordable

we are a little bit hamstrung to a certain extent based on um the state laws um for affordable housing and rent control

subsequent to that a state law has been passed where private developers can also manage those units

doing what the builders had requested at the legislature but it sounds like you still see challenges with that

the Oregon and Washington state legislatures passed measures just this year Banning cities

Ohio and Iowa have banned these laws entirely which brings me to the point that the bedrooms are for people initiative

there has been ongoing conversation about senate bill 62 we made a determination at the last council meeting

so I want to now shift to some other bills that are not uh Council priorities but are nonetheless very important to the city

State legislatures increasingly are considering imposing housing requirements on cities as Oregon has done for example

why is this happening now uh here's my theory the state law is pretty strict about

looks like the governor signed House Bill 1410 which is the covid-19 housing assistance program

if the state law provides for the right for a landlord to evict somebody

Colorado eviction as a state is a matter of state law

that state law doesn't print doesn't allow us to approve it

state law does prohibit local governments from prohibiting condominium form of ownership

the two things that we have as suggestions for additional focus are working on items going to the state legislature

there is a desire to have have take a more active role in advocating for a housing agenda at the legislature

we rely on housing Colorado to represent sort of the municipal interests at this new legislature

IN ONE OF THE MAIN THINGS WOULD BE IF WE TOOK THE ENERGY AROUND THIS AND WORKED AT THE STATE LEGISLATURE AS WELL.

we emphasize that state law has just changed and that you should see how that plays out before we put too much regulation

mentioned that House bill 19 1309 passed this year during the legislative session this program creates a dispute resolution program

one is advocating for state legislation but in this case we're also proposing a local ordinance

the State Legislature passed a bill called House bill 1309 which created a dispute resolution and in an enforcement program

the rental application fee house bill and the local wage option house bill

we were also asked for an update on the 2019 state legislation activity

the city has as part of its adopted legislative agenda for many years supported changes to that state-level legislation

the state manufactured housing the mobile home park act governs state law is going to govern in most cases what can happen

it used to be state law did not provide for recovery of attorneys fees or punitive damages

so this is the set of state laws that specifically prohibit discrimination in three areas broadly speaking that would be housing employment

the laws are substantially similar between federal and state law there is variance and that's where actually state law provides greater protection

certainly local law changes or advocating for state law changes our actions that could help us

YOU'RE LIMITED AS TO WHAT YOU CAN CREATE LOCALLY YOU CAN ADD STUFF TO IT BUT YOU CAN'T CHANGE WHAT IS WITHIN THE STATE LAW

rely on negotiated agreements that would likely not be consistent with Colorado state law

state law requires that you know these have to be based on specific standards and there has to be decisions

SO IS THERE SOMETHING SHE MENTIONED THERE COULD BE STATE LAW THAT PROHIBITED THAT IS THAT IN OUR CONTROL TO ALLOW GRADUATE STUDENTS TO QUALIFY

it's the sort of language we put in to preserve the local authority option from preemption under state law

if it includes a residence or location that would violate state law or local ordinance