To: Honorable Mayor and Members of Town Council
From: Kristin Read, Assistant Town Manager
Through: David L. Corliss, Town Manager
Title
Update: Legislative Update
Body
_____________________________________________________________________
Executive Summary
Town Council on May 7 requested staff to present when able a summary of the 2024 General Assembly session, including information on the total number of bills that were introduced and that passed. The purpose of this memo is to provide that broad information, along with more specific information on the 16 bills on which Council held positions.
Discussion
A total of 705 bills were introduced during the 2024 General Assembly session. Of those, 525 passed, 105 were postponed indefinitely and 75 were killed by other means, according to Colorado Capital Watch, a legislative monitoring service. Of the 525 bills that passed, Gov. Jared Polis vetoed six, meaning 519 bills became law this session.
The Town had supported four bills, and three of those passed, for a 75% success rate. The one that failed, SB 106: Right to Remedy Construction Defects, would have clarified the procedures for bringing lawsuits for construction defects. The proponents are planning to bring forth legislation again in the 2025 General Assembly session.
The three bills the Town had supported that were signed into law are:
• HB 1362: Measures to Incentive Graywater Use - This law, which will take effect Jan. 1, 2026, will allow the use of graywater systems within Colorado except where a local government opts out. The Town already allows graywater systems, so this does not change the Town’s operations.
• HB 1454: Grace Period Noncompliance Digital Accessibility - This law provides a one-year extension of the deadline for public agencies to comply with digital accessibility standards if the agency demonstrates good faith effort toward compliance. The Town will be using this grace period as it continues its compliance efforts in this area.
• HB 174: Sustainable Affordable Housing Assistance - This law requires certain local governments to conduct housing needs assessments every six years, with the option to participate in a regional assessment. The State Department of Local Affairs will establish methodologies to create a baseline for the assessment. Local governments must then create action plans to address needs.
The Town had opposed 12 bills, and seven of those passed, for a 42% success rate. Of the five that were successfully defeated, Polis vetoed one, two were postponed indefinitely and the other two were killed by other means:
• Vetoed - HB 1080: Youth Sports Personnel Requirements - Would have required background checks and CPR and first aid training for people working in youth sports.
• Postponed indefinitely:
o HB 1239: Single Exit Stairway Multifamily Structure - Would have mandated that local governments adopt specific building codes to allow multifamily units up to five levels to have a single stairway exit.
o HB 1292: Prohibit Certain Weapons Used in Mass Shootings - Would have prohibited ownership of “assault weapons” and possession of rapid-fire trigger activators.
• Killed by other means:
o HB 1168: Equal Access to Public Meetings - Would have required, among other provisions, remote public testimony at public meetings.
o HB 1366: Sustainable Local Government Community Planning - Would have required the Town’s master plan to include a climate action element.
The seven bills the Town had opposed that were signed into law are:
• HB 1007: Prohibit Residential Occupancy Limits - This law, which will take effect July 1, disallows local governments from limiting the number of people who may live together in a single dwelling based on familial relationship. Local governments may implement occupancy limits based on health and safety standards, such as building and fire codes, or public health or water quality standards. Town Code in this area may need updating.
• HB 1152: Accessory Dwelling Units - This law, which takes effect June 30, 2025, makes ADUs a “use by right” in single-family zones. Several provisions in the bill conflict with the Town’s ADU code, including that an administrative approval process must be allowed; that owner occupancy cannot be required; and that HOAs and planned unit developments cannot restrict ADUs. Town Code in this area may need updating.
• HB 1304: Minimum Parking Requirements - This law, which takes effect June 30, 2025, prohibits some municipalities from enforcing minimum parking requirements for residential and mixed-use areas. The map of areas in which the law applies will be published by Sept. 30. The Town does not believe it has any applicable areas as of today. In areas where the law applies, “In order to impose a minimum parking requirement … a local government must, no later than ninety days after receiving a completed application for the housing development project, publicly publish written findings that find that no imposing or enforcing a minimum parking requirement in connection with the housing development project would have a substantial negative impact.”
• HB 1313: Housing in Transit-Oriented Communities - This law mandates rezoning of certain areas around rail and bus transit corridors to a density of 40 units per acre. The map of areas in which the law applies will be published by Sept. 30. The Town does not believe it has any applicable areas as of today.
• HB 1372: Regulating Law Enforcement Use of Prone Restraint - This law requires law enforcement agencies to adopt written policies and procedures concerning use of the prone position and prone restraint by July 1, 2026, and to post the policy on their website. The Town will take the steps necessary to comply with this law.
• HB 1463: Restrictions on Tap Fees - This law requires the board of a special district to provide the rate schedule for the district’s tap fees, system development fees, or other fees and charges that contemplate future water or sanitation system usage, along with the professional analyses and a detailed written justification of the costs and methodologies used to calculate those fees. This law does not apply to the Town.
• SB 131: Prohibiting Carrying Firearms in Sensitive Spaces - This law, which takes effect July 1, prohibits a person from carrying a firearm in certain “sensitive spaces,” which include our Town Hall. The law permits a local government to enact a law permitting carrying at buildings included in the bill, and Town Council has done this, meaning open and concealed carry of firearms remains allowed at Town Hall if otherwise legal.