C.R.S. Section 24-32-130
Local government affordable housing development incentives grant program

  • local government planning grant program
  • creation
  • report
  • definitions

(1)

As used in this section, unless the context otherwise requires:

(a)

“Affordable housing” means:

(I)

For a household residing in housing on a rental basis, annual income of the household is at or below eighty percent of the area median income of households of that size in the county in which the housing is located;

(II)

For a household residing in housing on a home ownership basis, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; or

(III)

Housing that incorporates mixed-income development.

(b)

“Department” means the department of local affairs.

(c)

“Eligible recipient” means a local government that is eligible to receive a grant through the housing development incentives grant program or the planning grant program.

(d)

“Housing development incentives grant program” means the local government affordable housing development incentives grant program created in subsection (2) of this section.

(e)

“Local government” means a county, a municipality, or a city and county.

(f)

“Mixed income development” means housing that incorporates mixed income development in that some, but not all, housing units within a particular development have restricted rates at or below the income levels specified in subsection (1)(a) of this section in addition to some units that are above such income levels with or without such restricted rates.

(g)

“Planning grant program” means the local government planning grant program created in subsection (5) of this section.

(2)

There is hereby created in the department the local government affordable housing development incentives grant program to provide grants to local governments that adopt one or more policy or regulatory tools that create incentives to promote the development of affordable housing. A local government that adopts such tools in accordance with this section is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community or region that are driven by community benefits and that focus on critical housing needs as identified by the local government. The division shall administer the housing development incentives grant program.

(3)

Intentionally left blank —Ed.

(a)

As part of the policies, procedures, and guidelines the division is required to adopt for the housing development incentives grant program pursuant to subsection (6)(a) of this section, the division shall develop a menu of different policy or regulatory tools that local governments may adopt as incentives to promote affordable housing development within their territorial boundaries or across their region.

(b)

Intentionally left blank —Ed.

(I)

The menu of tools the division must develop pursuant to subsection (3)(a) of this section must include such incentives to promote affordable housing development including but not limited to:

(A)

The use of vacant publicly owned real property within the local government for the development of affordable housing;

(B)

The creation of a program to subsidize or otherwise reduce local development review or fees, including but not limited to building permit fees, planning waivers, and water and sewer tap fees, for affordable housing development;

(C)

The creation of an expedited development review process for affordable housing aimed at households the annual income of which is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(D)

The creation of an expedited development review process for acquiring or repurposing underutilized commercial property that can be rezoned to include affordable housing units, including the preservation of existing affordable housing units;

(E)

The establishment of a density bonus program to increase the construction of units that meet critical housing needs in the local community;

(F)

With respect to water utility charges, the creation of processes to promote the use of sub-metering of utility charges for affordable housing projects and the creation of expertise in water utility matters dedicated to affordable housing projects;

(G)

With respect to infrastructure, the creation of a dedicated funding source to subsidize infrastructure costs and associated fees related to publicly owned water, sanitary sewer, storm sewers, and roadways infrastructure;

(H)

Granting duplexes, triplexes, or other appropriate multi-family housing options as a use by right in single-family residential zoning districts;

(I)

The classification of a proposed affordable housing development as a use by right when it meets the building density and design standards of a given zoning district;

(J)

Authorizing accessory dwelling units as a use by right on parcels in single family zoning districts that meet the safety and infrastructure capacity considerations of local governments;

(K)

Allowing planned unit developments with integrated affordable housing units;

(L)

Allowing the development of small square footage residential unit sizes;

(M)

Lessened minimum parking requirements for new affordable housing developments; and

(N)

The creation of a land donation, land acquisition, or land banking program.

(II)

In addition to the items listed in subsection (3)(b)(I) of this section, the policies, procedures, and guidelines adopted by the division must also allow for the adoption by a local government of additional policy or regulatory tools that provide novel, creative, or innovative incentives to the development of affordable housing.

(4)

Intentionally left blank —Ed.

(a)

In the policies, procedures, and guidelines the division is required to adopt for the housing development incentives grant program pursuant to subsection (6)(a) of this section, the division shall specify, without limitation:

(I)

The manner by which a local government becomes an eligible recipient for the grant program and the criteria used to determine eligibility;

(II)

The manner in which a local government’s ongoing commitment to refine and expand its land use policies affects the competitiveness of its grant application; and

(III)

A requirement that a local government shall select not less than three options from the menu of policy or regulatory tools specified in subsection (3)(b) of this section.

(b)

In evaluating applications for grants from the housing development incentives grant program, the division shall prioritize proposals submitted by local governments based on the degree to which the grant award, either on its own, or as part of other incentives made available to the eligible recipient:

(I)

Represents geographic diversity throughout the state with respect to the different kinds of communities being awarded grants;

(II)

Satisfies the goal of achieving best practices in affordable housing development whether with respect to the menu of policy or regulatory tools adopted by the local government or that represents a novel, creative, or innovative approach to the development of affordable housing;

(III)

Offers maximum impact in initiating affordable housing creation within the local community or region that is driven by community benefits and that focuses on critical housing needs as identified by the local government;

(IV)

Extends or advances existing approaches by the local government to initiate housing creation whether with respect to the production of housing units or longer term policy changes;

(V)

Represents diversity in the type of affordable housing created for rental housing in accordance with subsection (1)(a)(I) of this section and for home ownership in accordance with subsection (1)(a)(II) of this section;

(VI)

Initiates or preserves housing affordability that can be maintained for a long-term period of affordability as negotiated by the department and the local government and that allows the local government to determine the method for achieving affordability; and

(VII)

Supports sustainable development patterns such as infill and the redevelopment of existing buildings.

(c)

Notwithstanding any other provision of law, with respect to the awarding of grants under the housing development incentives grant program, the division shall prioritize its funding in favor of those local governments that demonstrate the sufficient use of local incentives for affordable housing development in such manner as to be able to leverage funding for the maximum impact on the number of affordable housing units built over time and that are affordable as negotiated by the department and local governments.

(5)

There is hereby created in the department the local government planning grant program to provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing as described in subsection (3) of this section and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community, including considerations of equity, or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the division. As part of its administration of the planning grant program, the division shall provide assistance to local governments on best land use practices and tools and shall update and publish model county and municipal land use codes for the benefit of local governments across the state.

(6)

Intentionally left blank —Ed.

(a)

On or before September 1, 2021, the executive director of the department or the executive director’s designee shall adopt policies, procedures, and guidelines for the housing incentives grant program and planning grant program that include, without limitation:

(I)

Procedures and timelines by which an eligible recipient may apply for a grant;

(II)

Criteria for determining the amount of grant awards;

(III)

Performance criteria for grant recipients’ projects; and

(IV)

Reporting requirements for grant recipients.

(b)

Notwithstanding any other provision of this section, the amount of any grant award under either the housing development incentives grant program or the planning grant program and any restrictions or conditions placed upon the use of grant money awarded is within the discretion of the division in accordance with the requirements of this section.

(c)

To the extent applicable, and unless otherwise required by this section, requirements governing the process of awarding a Colorado heritage planning grant under part 32 of this title 24 govern the process for obtaining a grant from the housing development incentives grant program or the planning grant program under this section.

(7)

All funding of any grants awarded under either the housing development incentives grant program or the planning grant program must be made entirely out of the money transferred from the general fund and the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a), that originates from money the state received from the federal coronavirus state fiscal recovery fund, to the Colorado heritage communities fund created in section 24-32-3207 (1) in accordance with section 24-32-3207 (6). All costs incurred by the division in administering either the housing development incentives grant program or the planning grant program must be paid out of the money transferred under section 24-32-3207 (6). The division may use up to four percent of any money transferred to it under this section to cover its administrative costs in administering or evaluating either the housing development incentives grant program or the planning grant program. All money transferred into the Colorado heritage communities fund in accordance with section 24-32-3207 (6) must be expended before July 1, 2025. Any money transferred into the fund in accordance with this subsection (7) that is not expended or encumbered from any appropriation at the end of any fiscal year is available for expenditure before July 1, 2025, without further appropriation.

(8)

Intentionally left blank —Ed.

(a)

On or before November 1, 2022, and on or before November 1, 2023, the executive director of the department or the executive director’s designee shall publish a report summarizing the use of all money that was awarded as grants from the housing development incentives grant program in the preceding fiscal year. At a minimum, the report must specify the number of local governments that applied for a grant award, including the number of local governments that were not awarded a grant; the policy or regulatory tools adopted by the local governments that qualified for a grant award; the amount of grant money distributed to each grant recipient; and a description of each grant recipient’s use of the grant money. In the report, the division shall also provide its recommendations concerning future administration of the grant program. The report must be shared with the general assembly and posted on the department’s website.

(b)

On or before November 1, 2022, and on or before November 1, 2023, the executive director of the department or the executive director’s designee shall publish a report summarizing the use of all money that was awarded as grants from the planning grant program in the preceding fiscal year. At a minimum, the report must specify the amount of grant money distributed to each grant recipient and a description of each grant recipient’s use of the grant money. In the report, the division shall also provide its recommendations concerning future administration of the grant program. The report must be shared with the general assembly and posted on the department’s website.

Source: Section 24-32-130 — Local government affordable housing development incentives grant program - local government planning grant program - creation - report - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑32‑101
Legislative declaration 24‑32‑102
Definitions 24‑32‑103
Division of local government - created 24‑32‑104
Functions of the division - interconnectivity grant program - interconnectivity grant program fund - reporting - definition 24‑32‑105
Limitation of authority of division 24‑32‑106
Powers of the director 24‑32‑107
Payment of expenses and salaries 24‑32‑108
Establishment of a file 24‑32‑109
Notice of change - failure to file - effect 24‑32‑115
Economic self-sufficiency - development of standards - rules - fund - legislative declaration 24‑32‑116
Inventory of local governmental entities - information required - definitions 24‑32‑118
Military and community partnerships 24‑32‑118.5
Mobile veterans-support unit grant program - fund created - report - definitions - repeal 24‑32‑119
Gray and black market marijuana enforcement grant program - report - definition 24‑32‑120
Justice reinvestment crime prevention initiative - program - rules - cash funds - reports - definitions - repeal 24‑32‑121
Colorado resiliency office - creation - director - repeal 24‑32‑122
Colorado resiliency office - duties and powers - repeal 24‑32‑123
Defense counsel on first appearance grant program - rules - report - definition - repeal 24‑32‑124
Law enforcement community services grant program - committee - policies and procedures - fund - rules - report - definitions 24‑32‑126
Strategic action plan for upcoming decennial census 24‑32‑127
Community substance use and mental health services grant program - creation - legislative intent 24‑32‑128
Rural economic development initiative grant program - creation - report - definitions 24‑32‑130
Local government affordable housing development incentives grant program - local government planning grant program - creation - report - definitions 24‑32‑131
Best practices in policing study 24‑32‑132
Small community-based nonprofit infrastructure grant program - creation - legislative declaration - definitions - repeal 24‑32‑133
Infrastructure and strong communities grant program - creation - fund - reporting - definitions - repeal 24‑32‑134
Disaster resilience rebuilding program - fund - creation - policies - report - definitions 24‑32‑202
Division of planning - creation 24‑32‑203
Duties of the division of planning 24‑32‑204
Population statistics, estimates, and projections 24‑32‑205
Assistance to local planning agencies 24‑32‑207
Reference in contracts, documents 24‑32‑301
Division of commerce and development - creation - director - assistants 24‑32‑302
Purpose 24‑32‑303
Authority and responsibility of the director 24‑32‑305
Offices of division - expenses and salaries - reports and publications 24‑32‑306
Matching funds - gifts - bequests 24‑32‑307
Reference in contracts, documents 24‑32‑701
Short title 24‑32‑702
Legislative declaration 24‑32‑703
Definitions 24‑32‑704
Division of housing - director 24‑32‑705
Functions of division 24‑32‑705.5
Annual public report on funding of affordable housing preservation and production - definition - repeal 24‑32‑706
State housing board 24‑32‑707
Powers of board 24‑32‑717
Housing investment trust fund - loans - definitions 24‑32‑718
Publicly assisted housing - notice of termination - database - high energy performance building standard program - definitions 24‑32‑721
Colorado affordable housing construction grants and loans - housing development grant fund - creation - housing assistance for persons with behavioral, mental health, or substance use disorders - cash fund - appropriation - report to general assembly - rules - definitions - repeal 24‑32‑721.3
Middle income access program - contract with Colorado housing and finance authority for administration of funds - appropriation 24‑32‑721.7
Affordable housing guided toolkit and local officials guide program - creation 24‑32‑723
Office of homeless youth services - creation - function - duties - definitions 24‑32‑724
Fort Lyon property - supportive residential community - definitions - repeal 24‑32‑726
Financial literacy and exchange program - creation - FLEX accounts - FLEX cash fund - short title - legislative declaration - definitions 24‑32‑727
Denver-metropolitan regional navigation campuses grant - regional navigation campuses cash fund - creation - definitions 24‑32‑728
Mobile home park resident empowerment loan program - fund - creation - policies - report - legislative declaration - definitions 24‑32‑729
Transformational affordable housing through local investments - grant program - investments eligible for funding - report - definitions - repeal 24‑32‑730
Ridge View Supportive Residential Community at the Ridge View campus - report - legislative declaration 24‑32‑731
Revolving loan fund - eligible projects - report - definitions - legislative declaration 24‑32‑732
Connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program - funding - report - definitions - repeal 24‑32‑733
Task force on corporate housing ownership - creation - membership - issues of study - additional duties - report - compensation - staff support - definitions - repeal 24‑32‑801
Legislative declaration 24‑32‑802
Office of rural development created 24‑32‑803
Duties of the office 24‑32‑901
Legislative declaration 24‑32‑902
Definitions 24‑32‑904.5
Compliance with national standards - recreational park trailers - recreational vehicles 24‑32‑907
Injunctive relief 24‑32‑909
Violation - penalty 24‑32‑1201
Legislative declaration 24‑32‑1202
Definitions 24‑32‑1203
State clearinghouse designated - duties - limitations 24‑32‑1620
Effect of repeal of sections 24‑32‑1701
Short title 24‑32‑1702
Legislative declaration 24‑32‑1703
Definitions 24‑32‑1704
Allocation of state ceiling 24‑32‑1705
Allocations to state issuing authorities 24‑32‑1706
Allocations to designated local issuing authorities 24‑32‑1707
Statewide balance 24‑32‑1708
Bond issuance and mortgage credit certificate election - reporting requirement 24‑32‑1709
Application for allocation from statewide balance 24‑32‑1709.5
Administrative costs of the department - private activity bond allocation fund - creation 24‑32‑1710
Notifications and validity of allocations from the statewide balance 24‑32‑1711
Statewide balance carryforward allocations 24‑32‑1712
Time period must end on business day 24‑32‑1713
Effect of mortgage credit certificate election or issuance of bonds without allocation 24‑32‑1714
Severability 24‑32‑1715
Agreement with bond owners 24‑32‑2001
Legislative declaration 24‑32‑2002
Definitions 24‑32‑2003
Colorado youth conservation and service corps council - creation - membership - duties 24‑32‑2004
Colorado youth service corps established - director’s duties 24‑32‑2005
Duties and functions of the youth service corps 24‑32‑2006
Colorado youth service corps - criteria for enrollment 24‑32‑2007
Local youth employment opportunities 24‑32‑2008
Placement under work agreements 24‑32‑2009
Youth service corps members - compensation - scholarship 24‑32‑2010
Youth service corps members not to displace current workers 24‑32‑2011
Acceptance and utilization of funds 24‑32‑2012
Colorado youth service corps fund - created 24‑32‑2013
Conflict with federal requirements 24‑32‑3001
Community-based access grant program - powers and duties of department of local affairs - definitions - legislative declaration 24‑32‑3201
Legislative declaration 24‑32‑3202
Definitions 24‑32‑3203
Office of smart growth - creation - powers and duties of executive director 24‑32‑3204
Powers and duties of the office of smart growth 24‑32‑3205
Qualifications 24‑32‑3207
Colorado heritage communities fund - creation - source of funds 24‑32‑3208
Additional sources of funding 24‑32‑3209
Comprehensive planning disputes - development plan disputes - mediation - list of qualified professionals to assist in mediating land use disputes - definitions 24‑32‑3301
Legislative declaration 24‑32‑3302
Definitions 24‑32‑3303
Division of housing - powers and duties - rules 24‑32‑3304
State housing board - powers and duties - rules 24‑32‑3305
Rules - advisory committee - enforcement 24‑32‑3306
Recognition of similar standards - compliance with standards 24‑32‑3307
Noncompliance with standards 24‑32‑3308
Violation - penalty 24‑32‑3309
Fees - building regulation fund - rules 24‑32‑3310
Local enforcement 24‑32‑3311
Certification of factory-built structures - rules 24‑32‑3312
Notification and correction of defects 24‑32‑3314
Cooperation with department of revenue 24‑32‑3315
Installers of manufactured homes and tiny homes - registration - fees - educational requirements - rules 24‑32‑3315.5
Contract for the installation of manufactured homes and tiny homes - requirements 24‑32‑3316
Compliance with manufacturer’s installation instructions 24‑32‑3317
Installation of manufactured homes and tiny homes - authorization - certificates - inspections - inspector qualification and education requirements - rules 24‑32‑3318
Local installation standards preempted 24‑32‑3319
Prohibited acts 24‑32‑3320
Penalty for violation 24‑32‑3321
Investigations of consumer complaints 24‑32‑3323
Sellers of manufactured homes and tiny homes - registration 24‑32‑3324
Escrow and bonding requirements - rules 24‑32‑3325
Contract for sale of manufactured home or tiny home - requirements 24‑32‑3326
Unlawful sales practices - manufactured homes and tiny homes - fines 24‑32‑3327
Inspections 24‑32‑3328
Tiny homes - standards - rules 24‑32‑3329
Local governments inspections of tiny homes - connection to utilities - rules 24‑32‑3501
Peace officers behavioral health support and community partnerships grant program - created - report - rules - fund - definitions - repeal 24‑32‑3502
Public defender and prosecutor behavioral health support program - policies - report - fund 24‑32‑3601
Short title 24‑32‑3602
Legislative declaration 24‑32‑3603
Definitions - rules 24‑32‑3604
Rural economic advancement of Colorado towns - coordination of nonmonetary assistance - application - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 24-32-130’s source at colorado​.gov