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HomeMy WebLinkAboutMemo - Read Before Packet - 3/26/2024 - Memorandum From Sylvia Tatman-Burruss Re: Revised Bill Language As Of March 19, 2024 For Hb24-1007 City Manager’s Office City Hall 300 LaPorte Ave. PO Box 580 Fort Collins, CO 80522 970.221.6505 970.224.6107 - fax fcgov.com MEMORANDUM DATE: March 25, 2024 TO: Mayor and City Councilmembers THRU: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager FROM: Sylvia Tatman-Burruss, Senior Policy & Project Manager CC: Ginny Sawyer, Lead Policy & Project Manager RE: Revised bill language as of March 19, 2024 for HB24-1007 Purpose: The purpose of this memorandum is to update Councilmembers on revised bill language as of March 19, 2024 for the Residential Occupancy Bill, HB24-1007. Background The bill recently passed the Senate Local Government & Housing Committee with amendments. The House is expected to review and vote on the updated Bill soon. The bill attached includes amendments from the Senate committee. The bill now reads (bold, italicized text is new as of March 19, 2024): “A local government shall not limit the number of people who may live together in a single dwelling based on familial relationship. Local governments retain the authority to implement residential occupancy limits based only on: (a) Demonstrated health and safety standards, such as International Building Code standards, Fire Code regulations, or Colorado Department of Public Health and Environment Wastewater and Water Quality standards; or (b) Local, State, Federal, or political subdivision affordable housing program guidelines. Staff is not adding any additional regulatory options based on this revised language but can revise options upon discussion and feedback from the March 26th Council work session. Attachments:  Updated bill language from March 19, 2024 DocuSign Envelope ID: 86034D69-F140-4F3C-BBAA-2C73BBBE78B3 Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 24-0633.01 Caroline Martin x5902 HOUSE BILL 24-1007 House Committees Senate Committees Transportation, Housing & Local Government Local Government & Housing A BILL FOR AN ACT CONCERNING RESIDENTIAL OCCUPANCY LIMITS.101 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill prohibits local governments from enacting or enforcing residential occupancy limits unless those limits are tied to a minimum square footage per person requirement that is necessary to regulate safety, health, and welfare. Be it enacted by the General Assembly of the State of Colorado:1 SE N A T E 3r d R e a d i n g U n a m e n d e d Ma r c h 1 9 , 2 0 2 4 SE N A T E Am e n d e d 2 n d R e a d i n g Ma r c h 1 8 , 2 0 2 4 HO U S E 3r d R e a d i n g U n a m e n d e d Fe b r u a r y 9 , 2 0 2 4 HO U S E Am e n d e d 2 n d R e a d i n g Fe b r u a r y 2 , 2 0 2 4 HOUSE SPONSORSHIP Rutinel and Mabrey, Bacon, Boesenecker, deGruy Kennedy, English, Epps, Froelich, Garcia, Hernandez, Jodeh, Kipp, Lindsay, Lindstedt, Marvin, Mauro, McCluskie, McCormick, Ortiz, Parenti, Ricks, Sirota, Velasco, Vigil, Weissman, Willford SENATE SPONSORSHIP Exum and Gonzales, Buckner, Coleman, Cutter, Danielson, Fields, Hinrichsen, Jaquez Lewis, Marchman, Michaelson Jenet, Priola, Winter F. Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. DocuSign Envelope ID: 86034D69-F140-4F3C-BBAA-2C73BBBE78B3 SECTION 1. In Colorado Revised Statutes, add 29-20-111 as1 follows:2 29-20-111. Local government residential occupancy limits -3 short title - legislative declaration - definition. (1) THE SHORT TITLE OF4 THIS SECTION IS THE "HOME (HARMONIZING OCCUPANCY MEASURES5 EQUITABLY) ACT."6 (2) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT7 OCCUPANCY LIMITS AND THE INCREASED AVAILABILITY OF HOUSING ARE8 MATTERS OF MIXED STATEWIDE AND LOCAL CONCERN.9 10 (3) A LOCAL GOVERNMENT SHALL NOT LIMIT THE NUMBER OF11 PEOPLE WHO MAY LIVE TOGETHER IN A SINGLE DWELLING BASED ON12 FAMILIAL RELATIONSHIP. LOCAL GOVERNMENTS RETAIN THE AUTHORITY13 TO IMPLEMENT RESIDENTIAL OCCUPANCY LIMITS BASED ONLY ON:14 (a) DEMONSTRATED HEALTH AND SAFETY STANDARDS, SUCH AS15 INTERNATIONAL BUILDING CODE STANDARDS, FIRE CODE REGULATIONS, OR16 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT17 WASTEWATER AND WATER QUALITY STANDARDS; OR18 (b) LOCAL, STATE, FEDERAL, OR POLITICAL SUBDIVISION19 AFFORDABLE HOUSING PROGRAM GUIDELINES.20 (4) AS USED IN THIS SECTION, "LOCAL GOVERNMENT" MEANS A21 HOME RULE OR STATUTORY CITY, HOME RULE OR STATUTORY COUNTY,22 TOWN, TERRITORIAL CHARTER CITY, OR CITY AND COUNTY.23 SECTION 2. Effective date. This act takes effect July 1, 2024.24 SECTION 3. Safety clause. The general assembly finds,25 determines, and declares that this act is necessary for the immediate26 1007-2- DocuSign Envelope ID: 86034D69-F140-4F3C-BBAA-2C73BBBE78B3 preservation of the public peace, health, or safety or for appropriations for1 the support and maintenance of the departments of the state and state2 institutions.3 1007-3- DocuSign Envelope ID: 86034D69-F140-4F3C-BBAA-2C73BBBE78B3