Polis’ housing bill to face stern test in Colorado Senate committee review
Gov. Jared Polis’ housing proposal faces what could be its most difficult day yet in the state Senate, where the chamber’s Local Government and Housing Committee is set to on Tuesday afternoon review more than 50 pages of amendments to the 105-page bill.
Municipalities and resort communities all over the state have lined up to oppose the measure, and that is already holding sway over Democrats, including on the housing committee.
Sen. Dylan Roberts, D-Avon, is believed to be the swing vote. His northwest and central mountain district includes ski resorts such as Steamboat Springs, Vail, Winter Park and the ski areas in Summit County, almost all of which are opposed to the bill.
Roberts is not alone among Democrats believed to be opposed to SB 213.
Sen. Rachel Zenzinger, D-Arvada, believes there could be as many as six Democrats who won’t vote for it. With a 23-12 majority, that’s enough to kill the bill, assuming all Senate Republicans also are opposed.
Sen. Dominick Moreno, a Commerce City Democrat who is the sponsor of Senate Bill 213, told the housing panel nearly two weeks ago the bill is intended to resolve the state’s affordable housing crisis. The goals, he added, include increasing housing supply, improving affordability, cutting red tape, reducing greenhouse gas emissions and ultimately lowering costs.
The bill, however doesn’t require any of the housing that would be constructed due to SB 213 to be affordable.
That’s expected to be addressed by multiple amendments in the Tuesday afternoon hearing.
One amendment would replace the bill in its entirety. The 29-page strike-below will be offered by Sen. Barbara Kirkmeyer, R-Brighton, who will replace Sen. Janice Rich, R-Grand Junction, for Tuesday’s hearing.
Kirkmeyer’s amendment is backed by the Colorado Municipal League and Colorado Counties, Inc., among others. Its biggest change is to remove all the mandates from the introduced bill on local governments, whether in municipalities, rural cities and towns or ski resort communities.
The amendment addresses the affordability issue, requiring the Department of Local Affairs to come up with affordability strategies that would guide local governments on laws and policies that would encourage development of a range of housing types, focused on affordability.
The strike-below also takes DOLA out of the enforcement business. Under the bill as introduced, the agency would have been in charge of ensuring covered local governments either adopted “flexible minimum standards” or would be mandated to use a state-developed model, which would include zoning changes.
The amendment keeps in the range of housing types, such as accessory dwelling units and middle housing, such as townhomes, duplexes and fourplexes. But it takes out the largest units proposed under SB 213, known as six-plexes.
Supporters of SB 213, known as “More Housing Now,” have at least a dozen amendments of their own.
One amendment addresses the affordability issue but with a long list of additional mandates on urban local governments, such as implementation of “local inclusionary zoning ordinances,” creating a program to subsidize or reduce local development review of building permit, water and sewer tap fees and planning waivers; and the creation of an “expedited development review process for regulated affordable housing developments.”
Another amendment applies in part to water. The bill’s requirements around master plans state they must include the general location and and extent of adequate water supplies. A planning commissioner must consult with water providers within the county or region, including identifying water supplies and facilities sufficient to meet the needs of the public and private infrastructure identified in the planning process.
Water supplies also must include conservation policies, which could include goals laid out in the state water plan.
The Senate Local Government and Housing hearing begins at 2 p.m. Tuesday.


