Government Affairs: Colorado Association of Realtors

April 10, 2019

Legislative Update

The long-awaited rent control bill was introduced on April 1. CAR moved quickly to oppose the bill using its Rapid Response Team.

SB-225 “Concerning the Ability of Local Governments to Stabilize Rents on Private Residential Property” is co-sponsored by Representatives Rochelle Galindo (Greeley) and Jonathan Singer (Longmont) and Senator Mike Foote (Boulder County). CAR Position: Oppose
The bill repeals existing statutory language prohibiting counties or municipalities from enacting any ordinance or resolution that would control rent on either private residential property or a private residential housing unit (collectively, private residential property). As such it would allow local governments to implement rent control on private residential property.

CAR’s Rapid Response team moved to support two TABOR bills because Speaker Becker presented the concepts on Realtor Day and those present were supportive. Voters will have final decision, anyway because if approved the voters would have to approve them this fall.

HB-1257 “Voter Approval To Retain Revenue For Education & Transportation” and HB-1258 “Allocate Voter-Approved Revenue for Education and Transportation”
Beginning with the 2018-19 fiscal year, the State is authorized to annually retain and spend all state revenues in excess of the constitutional (TABOR) limitation on state fiscal year spending that the state would otherwise be required to refund. The bill is a referendum that will be submitted to the voters at the statewide election held on November 5, 2019, and approval of the ballot title at the election constitutes a voter-approved revenue change to the constitutional limitation on state fiscal year spending. If approved, an amount of money equal to the state revenues retained under this measure is designated as part of the general fund exempt account. The General Assembly is required to appropriate or the state treasurer is required to transfer this money to provide funding for public schools, higher education and roads, bridges and transit.

HB-1264 “Conservation Easement Tax Credit Modifications” CAR Position: Support
A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The conservation easement is held by a third party, which monitors the use of the land and ensures that the terms of the agreement are upheld.
The statutes establishing the conservation easement oversight commission and the program to certify conservation easement holders in the division of conservation are currently set to repeal on July 1, 2019. The bill extends the repeal dates for each to July 1, 2026.

Among other things, the bill would: eliminate a requirement that the board of real estate appraisers establish education and experience requirements for conservation easement appraisers; allow the division of conservation to use an alternative method acceptable to the division and the conservation easement oversight commission to value a conservation easement; and increase the percentage of the value of a conservation easement that may be claimed as an income tax credit and the total amount that may be claimed for the easement, while limiting the amount of credits that may be issued per year.

HB-1260 “Building Energy Codes” CAR Position: Neutral

The LPC expressed concerns regarding remodels and rehabilitation costs. In addition, CAR hopes to add a provision to exempt existing homes.
The bill requires local jurisdictions to adopt one of the three most recent versions of the international energy conservation code at a minimum, upon updating any other building code, and encourages local jurisdictions to update the Colorado energy office on any changes to the jurisdictions’ building and energy codes.
HB-1212 “Recreate Homeowners’ Association Community Manager Licensing “ Modified CAR Position: Support

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