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HomeMy WebLinkAbout2022-10-25 VLHA Agenda 2 3 4 Vail Local Housing Authority Minutes September 27, 2022 3:00 PM Town Council Chambers and Virtually via Zoom 75 S. Frontage Road - Vail, Colorado, 81657 PRESENT ABSENT Steve Lindstrom Craig Denton James Wilkins Kristin Williams Dan Godec via phone STAFF George Ruther, Housing Director Missy Johnson, Housing Coordinator 1. Call to Order 1.1. Call to Order at 3 p.m. with a quorum present. Craig Denton joined within 5 minutes of the meeting beginning. 2. Citizen Participation 2.1. Citizen Participation There are no comments. 3. Approval of Minutes 3.1. VLHA September 13, 2022 Minutes Tabled to next meeting 4. Main Agenda 4.1 Communicating Housing Matters Presenter(s): Kris Widlak Tabled to a future meeting 4.2 2027 Strategic Housing Plan Update Presenter(s): George Ruther, Director of Housing and Steve Lindstrom, VLHA Chairman Tabled to a future meeting 5 4.3 Town Council Direction on Community Housing Lottery Ticket Eligibility Presenter(s): George Ruther, Director of Housing and Missy Johnson, Housing Coordinator George reviewed the accompanying memo reflecting Town Council direction for the upcoming Community Housing Lotteries. Three options were presented to the Council, which came from a melding of direction or desires that have come from the Council and the Authority. The objective of this initiative is to amend the lottery eligibility requirements for housing lotteries ensuring credibility and integrity within the lottery process. The Town Council asked to see a requirement for a home buyer education class completed before the application deadline. They are still weighing out the desire to provide additional tickets in support of longevity of working in Vail, but understand the need for streamline verification. Discussion ensured around the memo and agreement to present a singular suggestion at the upcoming Council meeting. In addition to detailing specific verification document will be nd accepted, the Authority came to consensus for the 2 option on the memo and the Housing Staff will present the following at an upcoming Council meeting. (3) TICKETS TOTAL One ticket for a complete application, one for not owning residential property in Vail, one for a history of applying for 1 or more TOV housing lotteries and not being selected 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Reminder for next meeting that the VLHA will focus on the Goals and Recommendations for the Entitlement Process; Conversation ensued A previous Vail Local Housing Authority agenda items discussed with Matt Gennett, was the desire from the Authority to improve the entitlement process related to Employee Housing Developments. Steve proposed to direct the housing staff to secure 10 minutes in an upcoming Town Council meeting. The Authority agreed that the Authority shall present a one-page memorandum at the October 18, 2022 and George will check on the availability to present. Additionally a joint session for discussion of Housing Matters is scheduled for Tuesday, November 15, 2022 for the Authority to pencil in to their calendars. George highlighted a Timber Ridge update regarding the due diligence work is getting done on-site related to the redevelopment. Planning commission for West Middle Creek was up but it was tabled to the second meeting in October. Rental opportunities for the displacement of the current renters of Timber Ridge is an ongoing conversation. Wilkins moved to enter Executive Session. 6 MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 6. Executive Session 6.1. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interests and to determine positions relative to matters that may be subject to negotiations regarding: Vail InDEED applications and deed restrictions. Presenter(s): George Ruther, Housing Director Wilkins moved to exit executive session and move into the regular meeting at VLHA reentered the regular meeting with Lindstrom, Wilkins, Williams, Ruther and Johnson present at 3:48 p.m. Dan Godec was with us for Executive Session but has departed the meeting. Wilkins moved to direct the staff to move forward with the recommendations presented at Executive Session. MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 7. Any Action as a Result of Executive Session 7.1. Any Action as a Result of Executive Session WILKINS moved to make a recommendation to direct staff to continue with Vail InDEED action as discussed in executive session. MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 8. Adjournment a. Adjournment 3:45 p.m. MOTION: WILKINS SECOND: WILLIAMS VOTE: 3-0 APPROVED 9. Future Agenda Items VLHA 101 continued Land Banking (sale of GRFA) Investment Banker Discussion Update to Vail Housing 2027 10. Next Meeting Date 10.1 Next Meeting Date October 11, 2022 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All housing authority meetings are open to the public. Times 7 and order of agenda are approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. 8 9 Vail Local Housing Authority Minutes October 11, 2022 3:00 PM Town Council Chambers and Virtually via Zoom 75 S. Frontage Road - Vail, Colorado, 81657 PRESENT ABSENT Steve Lindstrom Craig Denton James Wilkins Kristin Williams Dan Godec STAFF George Ruther, Housing Director Martha Anderson, Housing Coordinator Missy Johnson, Housing Coordinator 1. Call to Order 1.1. Call to Order at 3 p.m. with a quorum present. Craig Denton joined within 5 minutes of the meeting beginning. 2. Citizen Participation 2.1. Citizen Participation There are no comments. 3. Approval of Minutes 3.1. VLHA September 13, 2022 Minutes Wilkins moved to approve the minutes. MOTION: WILKINS SECOND: DENTON VOTE: 5-0 APPROVED 4. Main Agenda 4.1 Resolution No. 4, Series of 2022, A Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Bldg B Subdivision: Wren House Unit: 14, Eagle County, Colorado with a Physical Address of 5024 Main Gore Dr. S #B14, Vail, Colorado; and Setting Forth Details in Regard Thereto. Presenter(s): George Ruther : Wilkins moved to approve the resolution. MOTION: WILKINS SECOND: DENTON VOTE: 5-0 APPROVED 4.2 Goals and Recommendations for the Entitlement Process Presenter(s): George Ruther, Director of Housing and Steve Lindstrom, VLHA Chairman The Authority discussed next steps based on the overview process that town staff member, Matt Gennett presented to the Authority a few weeks ago. Lindstrom used an example of the recent review of an application to review the rezoning of Middle Creek at PEC. The discussion was tabled as the staff has three sets of demands to work on. The request of council to address the entitlement process will not happen until the next meeting or two as it is not to be focused on this particular project. Ruther suggests to present some objectives and begin the Authoritys discussion there and aim to take a different perspective of how do we get to yes. Anything we can from an objective standpoint to minimize development risk it might garner greater support from the private sector. Conversations ensued around it being more of a facilitating role vs a regulating role for staff to use expert knowledge and building code. Council will be able to assist with Council and then it is enforced at staff level. Vails New Dawn is a good example of the public and private sector working together and process was changed in order to be successful. This was a compelling public interested that required a streamlined process. Consideration of fee structures is another consideration. Authority will continue to work on refining objectives, ideas and narrowing it down to main points for future discussion. This will help to guide which strategies to pursue. 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Related to the ballot issue to retain the sales tax for housing this first year, the Vail Economic Advisory Council requested assistance from the Authority to be a voice to share the pros and cons of the ballot issue. A homebuyer class is scheduled for October 25, 2022 from 10 11:30 a.m. in the Grand View Room. Please watch for flyer from housing staff. We will have the opportunity to discuss real property acquisitions with the Council on October 18, 2022. 6. Adjournment a. Adjournment 3:55 p.m. 21 MOTION: WILKINS SECOND: GODEC VOTE: 4-0 APPROVED 7. Future Agenda Items VLHA 101 continued Land Banking (sale of GRFA) Investment Banker Discussion Update to Vail Housing 2027 10. Next Meeting Date 10.1 Next Meeting Date October 25, 2022 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All housing authority meetings are open to the public. Times and order of agenda are approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. 22 23 Town of Vail Ballot Issue 2I–Fact Sheet What isBallot Issue2I? Without increasing the tax rate, 2Iwould authorize the town to retainthe0.5% housing sales tax collected in 2022 in excess of the $4.5 million approved by Town of Vail voters in November 2021. The ballot language is as follows: Ballot Issue 2I: Ballot Title: Authorizing the retention of excess revenue from the Town's sales tax to be retained and spent on housing initiatives. Ballot Text: WITHOUT IMPOSING ANY NEW TAX OR INCREASING THE RATE OF ANY EXISTING TAX, SHALL THE TOWN OF VAIL BE AUTHORIZED TO RETAIN AND EXPEND WITHOUT LIMITATION THE EXCESS REVENUE RECEIVED BY THE TOWN FROM THE 0.5% SALES TAX LEVIED PURSUANT TO BALLOT ISSUE 2A PASSED BY THE TOWN'S REGISTERED ELECTORS ON NOVEMBER 2, 2021; PROVIDED THAT THE FUNDS SHALL BE USED FOR HOUSING INITIATIVES, HOUSING DEVELOPMENTS AND HOUSING PROGRAMS AND RELATED ACTIVITIES INSIDE AND OUTSIDE THE TOWN? Why does the town need voter approval to retain the excess collections? Colorado’s Taxpayer Bill of Rights (TABOR) prohibits first-year collections of any new tax to exceed the amount stated in the original ballot language. Years 2023 and beyond do not restrictannual tax collection amounts. Why does the town expectto exceed the collection limit in 2022? Collections are significantly higher than estimates based on trend forecasts evaluated when writing 2021 Ballot Issue 2Abecause of the unforeseen increases in economic activity during the 2022 winter ski season and the inflationary price increases across sectors. The original ballot language projected that the new 0.5% tax collection would not exceed $4.5M in 2022. Current forecastsproject collections to total $5.3M in 2022. How would the money from 2I be spent? As with all funds generated by the 0.5% voter-approved housing sales tax, the excess funds would be dedicated to funding housing initiatives, housing developments,and housing programs. The funds may be used for projects outside of town boundaries, as long as they are for programs that benefit the Vail community. What happens if voters do not approve Ballot Issue 2I? If Voters do not approve Ballot Issue 2Iand the town exceeds collection limits, TABORrequiresthe town to pay a 10% penalty and “refund” the excess collections through a temporary pause in collections, for example asking merchants to stop collecting the half cent of tax during the months of January and February until the excess amount collected is reached. Who can vote on Ballot Issue 2I? Registered voters within the Town of Vail are eligible to vote on 2I.To check registration status, go to www.govotecolorado.com. The 2Iballot question is contained within the Eagle County coordinated mail ballot. Details here: Voting and Elections (eaglecounty.us) Source: Town of Vail Finance Department 24 25 Legislative Council Draft Proposition 123: Dedicate Revenue for Affordable Housing Programs Placed on the ballot by citizen initiative • Passes with a majority vote 1 Proposition 123 proposes amending the Colorado statutes to: 2 set aside a portion of annual state income tax revenue for affordable housing 3 programs; 4 exempt that money from the state’s revenue limit, thereby reducing the 5 amount of money collected above the limit that is returned to taxpayers; and 6 establish eligible uses for this money. 7 What Your Vote Means 8 A “yes” vote on A “no” vote on Proposition 123 YES NO 9 Proposition 123 sets aside means that state revenue will 10 money for new affordable housing continue to be spent on priorities as 11 programs and exempts this money from determined by the state legislature or 12 the state’s revenue limit. This should not returned to taxpayers, as under current 13 be visiblelaw. - 1 - 26 Legislative Council Draft Summary and Analysis for Proposition 123 1 What does the measure do? 2 The measure sets aside a portion of annual income tax revenue from the state 3 General Fund, up to 0.1 percent of taxable income each year, for affordable 4 housing programs administered by the state Office of Economic Development 5 and International Trade (OEDIT) and the Colorado Department of Local Affairs 6 (DOLA). This amount, which the measure exempts from the state’s constitutional 7 revenue limit, is estimated to be $145 million in state budget year 2022-23 and 8 $290 million in state budget year 2023-24 and beyond. The measure specifies 9 the uses for the dedicated funds, including: 10 grants and loans to local governments and nonprofit organizations to 11 acquire and preserve land for affordable housing development; 12 assistance to develop affordable, multi-family rental housing; 13 equity investments in affordable housing projects, including a program to 14 share home equity with tenants; 15 home ownership programs and down payment assistance for first-time 16 homebuyers; 17 a program addressing homelessness through rental assistance and 18 eviction defense; and 19 grants to increase the capacity of local government planning 20 departments. 21 The measure requires that this funding add to, and not replace, existing state 22 funds spent on affordable housing. 23 What is affordable housing? 24 The measure defines affordable housing based on two factors: household 25 income and housing costs. For certain programs, a household’s income is 26 compared to the area median income, or the midpoint of what households in a 27 specific area earn. As defined in the measure, affordable housing means 28 housing for renters making up to 60 percent of the area median income, or 29 homeowners making up to 100 percent of the area median income. Some of the 30 new programs may benefit households at higher income levels. Table 1 shows 31 examples of area median income for several areas in Colorado. - 2 - 27 Legislative Council Draft 1 Table 1 2 Examples of Area Median Income in Colorado for a Four-Person Household Area (County or Metro Area) Median Income 60% of Median Boulder County $125,400 $75,200 Denver-Aurora-Lakewood $117,800 $70,700 Mesa County $83,500 $50,100 Pueblo County $68,600 $41,200 Alamosa County $53,400 $32,000 Source: FY 2022 Rounded MFI Estimate, U.S. Department of Housing and Urban Development. 3 For a housing unit or project to qualify as affordable housing, housing costs must 4 not exceed 30 percent of the household’s income. Housing costs typically 5 consist of rent or mortgage payments, but may include other costs such as 6 utilities. 7 What is the state currently doing to support affordable housing? 8 The statepartners with local communities to increase and preserve Colorado’s 9 affordable housing stock, manage rental assistance vouchers, and address 10 homelessness. The DOLA serves households with varied income levels and 11 circumstances with grants and loans to provide developers, community 12 organizations, public housing authorities, and local governments with money to 13 acquire, modernize, and build housing and to assist buyers with down payments 14 for homes. The current budget for the department’s affordable housing initiatives 15 is about $200 million, about half of which is from state sources, with the rest 16 coming from federal sources. 17 Since 2021, the state has allocated over $1.2 billion from the federal American 18 Rescue Plan Act (ARPA) of 2021 for affordable housing and services that 19 address housing insecurity, lack of affordable and workforce housing, or 20 homelessness. These are one-time funds that will be spent over the next several 21 years specifically on: 22 emergency rental assistance; 23 homeowner mortgage assistance; 24 tax credits for developers; 25 housing and infrastructure; and 26 other housing solutions, such as manufactured homes. 27 How do the programs created by Proposition 123 work? 28 The measure creates the following programs with a focus on higher density, 29 environmentally sustainable projects serving households with a range of income 30 levels. For projects to qualify for funding, the local governments where the 31 projects are located must commit to increasing affordable housing by 3 percent 32 each year and create a fast-track approval process for affordable housing 33 projects. If a local government chooses not to meet these requirements, or if it - 3 - 28 Legislative Council Draft 1 fails to achieve its affordable housing goals, projects in that municipality or 2 county will be temporarily ineligible for funding from these programs. 3 Table 2 describes each proposed program, including the state agency that 4 oversees it and the amount of money the program will receive based on the 5 estimated $290 million set aside in state budget year 2023-24. Note that 6 programs overseen by OEDIT are run by a third-party administrator. A range of 7 funding is available for these programs, as shown in the table. Some of the 8 money for each program will be used for administrative expenses. 9 Table 2 10 Programs and Estimated Funding Created by Proposition 123 Land Banking OEDIT $26.1 million - $43.5 million Provides grants to local governments and loans to nonprofit organizations with a history of providing affordable housing. The funds help buy land for affordable housing development. Affordable Housing EquityOEDIT$69.6 million -$121.8 million Invests in new and existing low- and middle-income, multi-family rental units. Provides renters living in these units for at least a year with a share of the money made on the development, called a tenant equity vehicle. This money may be used for the renters’ future purchase of a home, such as a down payment. Concessionary Debt OEDIT $26.1 million - $60.9 million Finances new and existing low- and middle-income multi-family rental units, projects that qualify for federal low-income housing tax credits, and modular and factory-built housing manufacturers. Affordable Home Ownership DOLA up to $58.0 million Offers down payment assistance to first-time homebuyers. Makes grants or loans to nonprofits and community land trusts to support home ownership, and to mobile home owners’ associations to help purchase mobile home parks. Homelessness DOLA up to $52.2 million Provides rental assistance, housing vouchers, and eviction defense to people experiencing, or at risk of experiencing, homelessness. Makes grants or loans to support new and existing supportive housing for people experiencing homelessness. Local Government Capacity Building DOLA up to $5.8 million Provides grants to local governments to support their planning departments in processing land use, permit, and zoning applications for housing projects. 11 OEDIT is the Office for Economic Development and International Trade. 12 DOLA is the Department of Local Affairs. 13 How does the measure affect TABOR refunds? 14 The income tax revenue that is set aside under the measure is considered a 15 voter-approved revenue change and is therefore not subject to the state’s 16 constitutional revenue limit, also called the Taxpayer’s Bill of Rights (TABOR) 17 limit. TABOR limits state government revenue to an amount adjusted annually 18 for inflation and population growth. Revenue collected under the limit may be 19 spent or saved. Revenue collected over the limit must be returned to taxpayers 20 unless voters approve a measure allowing the government to keep it. - 4 - 29 Legislative Council Draft 1 In years where state revenue exceeds the TABOR limit, the measure reduces the 2 money returned to taxpayers by the amount of income tax revenue that that the 3 measure allows the state to keep. In years where state revenue is below the 4 TABOR limit, the measure does not impact TABOR refunds, but may reduce the 5 amount of money available for the rest of the state budget. In this case, the 6 measure allows the state legislature to reduce part of the new funding to the 7 affordable housing programs to balance the state budget. The state currently 8 expects to return money collected above the limit through at least the 2023-24 9 budget year. For information on those issue committees that support or oppose the measures on the ballot at the November 8, 2022, election, go to the Colorado Secretary of State’s elections center web site hyperlink for ballot and initiative information: http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html 10 Arguments For Proposition 123 11 1) The measure creates a sustainable source of funds to tackle housing issues 12 without raising tax rates, and gives local communities the flexibility to respond 13 to their specific needs. The state and local governments are not doing 14 enough to keep Colorado affordable. 15 2) Colorado’s housing prices make it too hard for many households to afford 16 rent or to buy their own home. The new programs help Coloradans 17 participate in the housing market now and in the future. Creating more 18 homes will allow residents and essential workers to remain in their 19 communities. 20 Arguments Against Proposition 123 21 1) Many of these programs do not address the underlying causes of high 22 housing costs. Pumping money into the market may distort it further, and the 23 real beneficiaries will be landlords and housing developers. This is neither 24 the role of government nor the best use of public resources. 25 2) The measure is unnecessary and will reduce Coloradans’ future TABOR 26 refunds. The state already provides resources to support affordable housing, 27 including over $1 billion in federal stimulus funds allocated in recent years. 28 Plus, the new programs will be limited if local governments cannot or will not 29 meet the requirements. 30 Fiscal Impact for Proposition 123 31 Proposition 123 increases state government spending by transferring money 32 from the state General Fund to pay for affordable housing programs. While the 33 measure does not change state revenue, it reduces the amount returned to 34 taxpayers in years when state revenue is over the TABOR revenue limit. These - 5 - 2: Legislative Council Draft 1 impacts are discussed below. The state budget year runs from July 1 through 2 June 30. 3 Transfers of state funds. Proposition 123 transfers an estimated $145 million 4 in the 2022-23 budget year and $290 million in the 2023-24 budget year and later 5 years. These amounts are divided between programs in the Office of Economic 6 Development and International Trade, which receives 60 percent, and the 7 Department of Local Affairs, which receives 40 percent. 8 State spending. The money transferred under Proposition 123 is required to be 9 spent for affordable housing programs and for administration of those programs. 10 Programs are funded the year after the transfer occurs. For example, the money 11 transferred in the 2022-23 budget year pays for programs in the 2023-24 budget 12 year, and so on. 13 Office of Economic Development and International Trade. Sixty 14 percent of total transfers are paid to the Affordable Housing Financing 15 Fund, estimated at $87 million in the 2022-23 budget year and $174 16 million in the 2023-24 budget year. Money in the fund is spent for the 17 land banking program, the affordable housing equity program, and the 18 concessionary debt program. A third party administrator is allowed to 19 keep 2 percent of funds for its administrative costs. 20 Department of Local Affairs. Forty percent of total transfers are paid to 21 the Affordable Housing Support Fund, estimated at $58 million in the 22 2022-23 budget year and $116 million in the 2023-24 budget year. 23 Money in the fund is spent for the affordable homeownership program, 24 the homelessness program, and the local capacity development program. 25 The department is allowed to keep 5 percent of funds for its 26 administrative costs. 27 Taxpayer impacts. Proposition 123 will decrease the amount to be returned to 28 taxpayers for years when state revenue is over the TABOR revenue limit. Based 29 on forecasts from June 2022, Proposition 123 is expected to decrease the 30 amount returned by $145 million in tax year 2023 and $290 million in tax year 31 2024. The impacts on taxpayers depend on how this money would be returned. 32 Based on the number of income tax returns for tax year 2018, Proposition 123 is 33 estimated to decrease the amount returned by $43 per taxpayer in tax year 2023 34 and $86 per taxpayer in tax year 2024. - 6 - 31 2nd Draft Proposition ?: Dedicate Revenue for Affordable Housing Programs Placed on the ballot by citizen initiative • Passes with a majority vote 1 Proposition ? proposes amending the Colorado statutes to: 2 set aside a portion of annual state income tax revenue for affordable housing 3 programs; 4 exempt that money from the state’s revenue limit, thereby reducing the 5 amount of money collected above the limit that is returned to taxpayers; and 6 establish eligible uses for this money. 7 What Your Vote Means 8 A “yes” vote on A “no” vote on Proposition ? YES NO 9 Proposition ? sets aside means that state revenue will 10 money for new affordable housing continue to be spent on priorities as 11 programs and exempts this money from determined by the state legislature or 12 the state’s revenue limit. This should not returned to taxpayers, as under current 13 be visiblelaw. - 1 - 32 2nd Draft Summary and Analysis for Proposition ? 1 What does the measure do? 2 The measure sets aside a portion of annual income tax revenue from the state 3 General Fund, up to 0.1 percent of taxable income each year, for affordable 4 housing programs administered by the state Office of Economic Development 5 and International Trade (OEDIT) and the Colorado Department of Local Affairs 6 (DOLA). This amount, which the measure exempts from the state’s constitutional 7 revenue limit, is estimated to be $145 million in state budget year 2022-23 and 8 $290 million in state budget year 2023-24 and beyond. The measure specifies 9 the uses for the dedicated funds, including: 10 grants to local governments and nonprofit organizations; 11 assistance to develop affordable, multi-family rental housing; 12 equity investments in affordable housing projects, including tenant equity 13 sharing; 14 home ownership programs and down payment assistance for first-time 15 homebuyers; 16 a program addressing homelessness through rental assistance and eviction 17 defense; and 18 local government planning and zoning support. 19 The measure requires that this funding add to, and not replace, existing state 20 funds spent on affordable housing. 21 What is affordable housing? 22 The measure defines affordable housing based on two factors: household 23 income and housing costs. For certain programs, a household’s income is 24 compared to the area median income, or the midpoint of what households in a 25 specific area earn. In general, these programs apply to renters making up to 60 26 percent of the area median income, or homeowners making up to 100 percent of 27 the area median income. Table 1 shows examples of area median income for 28 several areas in Colorado. 29 Table 1 30 Examples of Area Median Income in Colorado for a Four-Person Household Area (County or Metro Area) Median Income 60% of Median Boulder County $125,400 $75,200 Denver-Aurora-Lakewood $117,800 $70,700 Mesa County $83,500 $50,100 Pueblo County $68,600 $41,200 Alamosa County $53,400 $32,000 Source: FY 2022 Rounded MFI Estimate, U.S. Department of Housing and Urban Development. - 2 - 33 2nd Draft 1 For a housing unit or project to qualify as affordable housing, housing costs must 2 not exceed 30 percent of the household’s income. Housing costs typically 3 consist of rent or mortgage payments, but may include other costs such as 4 utilities. 5 What is the state currently doing to support affordable housing? 6 The statepartners with local communities to increase and preserve Colorado’s 7 affordable housing stock, manage rental assistance vouchers, and address 8 homelessness. The DOLA serves households with varied income levels and 9 circumstances with grants and loans to provide developers, community 10 organizations, public housing authorities, and local governments with money to 11 acquire, modernize, and build housing and to assist buyers with down payments 12 for homes. The current budget for the department’s affordable housing initiatives 13 is about $200 million, about half of which is from state sources, with the rest coming 14 from federal sources. 15 Since 2021, the state has allocated over $1.2 billion from the federal American 16 Rescue Plan Act (ARPA) of 2021 for affordable housing and services that address 17 housing insecurity, lack of affordable and workforce housing, or homelessness. 18 These are one-time funds that will be spent over the next several years specifically 19 on: 20 emergency rental assistance; 21 homeowner mortgage assistance; 22 tax credits for developers; 23 housing and infrastructure; and 24 other housing solutions, such as manufactured homes. 25 How do the programs created by Proposition ? work? 26 The measure creates the following programs with a focus on higher density, 27 environmentally sustainable projects serving households with a range of income 28 levels. For projects to qualify for funding, the local governments where the 29 projects are located must commit to increasing affordable housing by 3 percent 30 each year and create a fast-track approval process for affordable housing 31 projects. If a local government chooses not to meet these requirements, or if it 32 fails to achieve its affordable housing goals, projects in that municipality or 33 county will be temporarily ineligible for funding from these programs. 34 Table 2 describes each proposed program, including the state agency that 35 oversees it and the amount of money the program will receive based on the 36 estimated $290 million set aside in state budget year 2023-24. Note that 37 programs overseen by OEDIT are run by a third-party administrator. A range of 38 funding is available for these programs, as shown in the table. Some of the 39 money for each program will be used for administrative expenses. - 3 - 34 2nd Draft 1 Table 2 2 Programs and Estimated Funding Created by Proposition ? Land Banking OEDIT $26.1 million - $43.5 million Provides grants to local governments and loans to nonprofit organizations with a history of providing affordable housing. The funds help buy land for affordable housing development. Affordable Housing EquityOEDIT$69.6 million -$121.8 million Invests in new and existing low- and middle-income, multi-family rental units. Provides renters living in these units for at least a year with a share of the money made on the development, called a tenant equity vehicle. This money may be used for the renters’ future purchase of a home, such as a down payment. Concessionary DebtOEDIT$26.1 million -$60.9 million Finances new and existing low- and middle-income multi-family rental units, projects that qualify for federal low-income housing tax credits, and modular and factory-built housing manufacturers. Affordable Home Ownership DOLA up to $58.0 million Offers down payment assistance to first-time homebuyers. Makes grants or loans to nonprofits and community land trusts to support home ownership, and to mobile home owners’ associations to help purchase mobile home parks. Homelessness DOLA up to $52.2 million Provides rental assistance, housing vouchers, and eviction defense to people experiencing, or at risk of experiencing, homelessness. Makes grants or loans to support new and existing supportive housing for people experiencing homelessness. Local Government Capacity Building DOLA up to $5.8 million Provides grants to local governments to support their planning departments in processing land use, permit, and zoning applications for housing projects. 3 OEDIT is the Office for Economic Development and International Trade. 4 DOLA is the Department of Local Affairs. 5 How does the measure affect TABOR refunds? 6 The income tax revenue that is set aside under the measure is considered a 7 voter-approved revenue change and is therefore not subject to the state’s 8 constitutional revenue limit, also called the Taxpayer’s Bill of Rights (TABOR) 9 limit. TABOR limits state government revenue to an amount adjusted annually 10 for inflation and population growth. Revenue collected under the limit may be 11 spent or saved. Revenue collected over the limit must be returned to taxpayers 12 unless voters approve a measure allowing the government to keep it. 13 In years where state revenue exceeds the TABOR limit, the measure reduces the 14 money returned to taxpayers by the amount of income tax revenue that that the 15 measure allows the state to keep. In years where state revenue is below the 16 TABOR limit, the measure does not impact TABOR refunds, but may reduce the 17 amount of money available for the rest of the state budget. In this case, the 18 measure allows the state legislature to reduce part of the new funding to the 19 affordable housing programs to balance the state budget. The state currently 20 expects to return money collected above the limit through at least the 2023-24 21 budget year. - 4 - 35 2nd Draft For information on those issue committees that support or oppose the measures on the ballot at the November 8, 2022, election, go to the Colorado Secretary of State’s elections center web site hyperlink for ballot and initiative information: http://www.sos.state.co.us/pubs/elections/Initiatives/InitiativesHome.html 1 Arguments For Proposition ? 2 1) The measure creates a sustainable source of funds to tackle housing issues 3 without raising taxes, and gives local communities the flexibility to respond to 4 their specific needs. The state and local governments are not doing enough 5 to keep Colorado affordable. 6 2) Colorado’s housing prices make it too hard for many households to afford 7 rent or to buy their own home. The new programs help Coloradans 8 participate in the housing market now and in the future. Creating more 9 homes will allow residents and essential workers to remain in their 10 communities. 11 Arguments Against Proposition ? 12 1) Many of these programs do not address the underlying causes of high 13 housing costs. Pumping money into the market may distort it further, and the 14 real beneficiaries will be landlords and housing developers. This is neither 15 the role of government nor the best use of public resources. 16 2) The state already provides resources to support affordable housing, including 17 over $1 billion in federal stimulus funds allocated in recent years. Plus, the 18 new programs will be limited if local governments cannot or will not meet the 19 requirements. The measure is unnecessary and will reduce Coloradans’ 20 future TABOR refunds. 21 Fiscal Impact for Proposition ? 22 Proposition ? increases state government spending by transferring money from the 23 state General Fund to pay for affordable housing programs. While the measure does 24 not change state revenue, it reduces the amount returned to taxpayers in years when 25 state revenue is over the TABOR revenue limit. These impacts are discussed below. 26 The state budget year runs from July 1 through June 30. 27 Transfers of state funds. Proposition ? transfers an estimated $145 million in the 28 2022-23 budget year and $290 million in the 2023-24 budget year and later years. 29 These amounts are divided between programs in the Office of Economic 30 Development and International Trade, which receives 60 percent, and the 31 Department of Local Affairs, which receives 40 percent. 32 State spending. The money transferred under Proposition ? is required to be spent 33 for affordable housing programs and for administration of those programs. Programs 34 are funded the year after the transfer occurs. For example, the money transferred in 35 the 2022-23 budget year pays for programs in the 2023-24 budget year, and so on. - 5 - 36 2nd Draft 1 Office of Economic Development and International Trade. Sixty percent of 2 total transfers are paid to the Affordable Housing Financing Fund, estimated at 3 $87 million in the 2022-23 budget year and $174 million in the 2023-24 budget 4 year. Money in the fund is spent for the land banking program, the affordable 5 housing equity program, and the concessionary debt program. A third party 6 administrator is allowed to keep 2 percent of funds for its administrative costs. 7 Department of Local Affairs. Forty percent of total transfers are paid to the 8 Affordable Housing Support Fund, estimated at $58 million in the 2022-23 budget 9 year and $116 million in the 2023-24 budget year. Money in the fund is spent for 10 the affordable homeownership program, the homelessness program, and the 11 local capacity development program. The department is allowed to keep 5 12 percent of funds for its administrative costs. 13 Taxpayer impacts. Proposition ? will decrease the amount to be returned to 14 taxpayers for years when state revenue is over the TABOR revenue limit. Based on 15 forecasts from June 2022, Proposition ? is expected to decrease the amount 16 returned by $145 million in tax year 2023 and $290 million in tax year 2024. The 17 impacts on taxpayers depend on how this money would be returned. Based on the 18 number of income tax returns for tax year 2018, Proposition ? is estimated to 19 decrease the amount returned by $43 per taxpayer in tax year 2023 and $86 per 20 taxpayer in tax year 2024. - 6 - 37 Last Draft Comments from Interested Parties 宀 宀 Proposition 123 Dedicate Revenue for Affordable Housing Programs Penn Pfiffner, representing himself: Arguments FOR the measure include the statement “without raising taxes.” That is simply fallacious and Legislative Council staff should not be part of a blatant lie. If you order a $6 sandwich for lunch, and pay with a $20 bill but the order taker refuses to return the change, you have not paid $6 for the sandwich. You paid $20 for it. Similarly, if the State retains a tax rebate, then taxpayers have paid higher taxes. I am aware that tax increase proponents have stated the same disinformation before, but it should appear in campaign materials, not in the neutral Blue Book. At the very least, you must change the wording by adding one word, to say “without raising tax RATES.” Thank you for including information that this measure is not the first program to fund affordable housing. A second observation is that a lot more annual subsidies come (off-budget) through the Colorado Housing Finance Authority and that is a large missing source that should be mentioned. Luke Teater, representing the proponents: Page 1: • Line 2 - add “existing” in front of “annual state income tax revenue” to clarify that this is not new revenue and to more closely align with the ballot language approved by the Title Board. • Lines 8-12, NO - Recommend clarifying that this means there would be no dedicated funding source for affordable housing. Page 2: • Line 2 - add “existing” in front of “annual income tax revenue” to clarify that this is not new revenue and more closely align with the ballot language approved by the Title Board. • Lines 10-18 As written, the spending categories listed in lines 10-18 are rather confusing and unclear to the proponents and authors of this measure, let alone to ordinary voters. We recommend replacing the current bullets with the following bullets to make this overview as clear and simple as possible to voters: i. (Combining lines 10 and 11 in the 2nd draft) Grants and loans to local governments and nonprofit organizations to finance the development of affordable mixed-income multi-family rental housing; (note: since the administrator is instructed to prioritize funding for mixed-income housing projects, we think it is important for voters to be B 1 B 38 Last Draft Comments from Interested Parties 宀 Luke Teater, representing the proponents (Cont.): aware that these funds will finance housing across a wide range of income levels, not just low- and middle-income housing.) ii. Equity investments in affordable mixed-income housing projects, including tools to support renter wealth building (note: we must use a more plain-language term than 'tenant equity sharing' or 'tenant equity vehicle' because nobody knows what those mean); iii. Home ownership programs and down payment assistance for first-time and first- generation homebuyers; iv. A program addressing homelessness through rental assistance and eviction defense (no change) v. Grants to increase the capacity of local government planning departments. • Lines 25-26 - This sentence gives the inaccurate impression that only renters making less than 60% AMI or homeowners making less than 100% will benefit from these programs. In reality, the largest programs in this measure will benefit a wide range of income levels, not just those below 60% or 100% AMI. The homeownership assistance program assists households all the way up to 120% AMI. The equity financing program funds projects with an average rent affordable at 90% AMI and is instructed to prioritize mixed-income projects (so for example, a project with half of its units affordable at 30% AMI and half of its units at affordable at 150% AMI would not only be eligible for funding, but would be prioritized for funding over a project that had 100% of its units affordable at 90% AMI). The concessionary debt program does fund projects at a 60% AMI threshold, but this is again only the average rent for the project, with the explicit direction to prioritize mixed-income projects. It is important that voters be aware that the benefits of this program are not limited to Coloradans below 60% or 100% of AMI - in reality, these programs will finance the construction of substantial numbers of housing units for households above those income levels, and we fully expect some units to be built under this measure for households up to 200% AMI. We explicitly designed this measure to benefit Coloradans of a wide range of income levels and across the housing spectrum, and that is lost in this sentence. Page 3: • Line 1 - Recommend removing “or project” from this sentence, since this sentence is only describing household-level affordability. As described above, the standard for projects to qualify as affordable housing under this measure is very nuanced. • Lines 12-14 - This sentence is misleading. The FY23 Appropriations report lists DOH’s total budget at $186M, the vast majority of which is either federal funds or one- time ARPA funds that are already accounted for in the following paragraph (SB 22-146 and SB 22-211). State funding (that is, not ARPA funding, not federal funding) for DOH is only $47M. The entire purpose of this measure is to increase state funding for B 2 B 39 Last Draft Comments from Interested Parties 宀 宀 Luke Teater, representing the proponents (Cont.): affordable housing, so it’s critical that voters be aware of the current level of state (not federal, not ARPA) funding for affordable housing. • Lines 15-17 - This sentence is inaccurate. Most of this $1.2B was federal spending within the state that the state legislature did not allocate. The state did allocate $550M in one-time ARPA funds for affordable housing through the Affordable Housing and Home Ownership Cash Fund. • Lines 15-19 - This paragraph is likely to be misleading to voters. These ARPA funds were emergency relief and stimulus meant to support the economy through an unprecedented crisis, and they were successful as evidenced by the low level of evictions and high level of economic growth experienced since. They were not designed or intended to be a solution to the housing affordability crisis that this measure is intended to address. They were temporary funds that have already been allocated and cannot be continued or replenished by the state. Finally, we recommend changing (and shortening) the first sentence so that it ends with “...of 2021 for temporary housing security and economic relief.” • Line 30 - Recommend changing “fast track approval” to “prioritized review” to align with the terminology used with voters and stakeholders during the campaign and reduce confusion. We want it to be clear to voters that this process is not required to result in permit approval. Page 4: • Table 2, several places - The phrase “new and existing affordable housing” is vague and potentially misleading, recommend using the phrase “development and preservation of affordable housing” instead. Voters may read this as saying that the measure will just sink more money into existing affordable housing, when really it is preventing it from becoming unaffordable, as “development and preservation” makes clear. • Table 2, several places - As discussed extensively above, the affordable housing equity and concessionary debt programs will finance much more than just low- and middle-income housing units - we fully expect that some units will be built through these programs for households up to 200% AMI. Recommend saying “mixed-income” rather than “low- and middle-income” multi-family rental units to clarify this. • Line 6 - Recommend adding “existing” before “income tax revenue” to clarify that this is not new revenue and to more closely align with the ballot language approved by the Title Board. Page 5: • Lines 1-10, Arguments For: B 3 B 3: Last Draft Comments from Interested Parties 宀 Luke Teater, representing the proponents (Cont.): i. Without raising taxes, this measure will help local communities tap into existing state funds to create more housing that all Coloradans can afford both now and in the future. The measure puts power in the hands of local governments to address our housing crisis by giving them the flexibility and resources to meet local community needs. ii. Over the last 50 years, wages in Colorado have not kept pace with housing costs. As a result, hardworking Coloradans like firefighters, teachers and nurses are being priced out of the communities that depend on them. This measure would unlock $6 billion to build 170,000 new homes over the next 20 years. • Line 12 - Recommend removing the argument that these programs do not address the underlying causes of high housing costs. The underlying cause of high housing costs is a severe shortage of affordable housing, and the explicit purpose of this measure is to increase the supply of affordable housing. • Line 16 - Recommend adding the word “sufficient” as in “the state already provides sufficient resources to support affordable housing”, since the root question posed by this measure is whether current state funding levels are sufficient or whether we need to increase state funding for affordable housing. • Lines 22-25 - Since TABOR refunds are state expenditures (as in Table 1 of the revenue forecast), this measure does not increase state government spending, but merely dedicates more of that spending to affordable housing. Recommend deleting the phrase about increasing state government spending so that the paragraph instead reads “Proposition ? transfers money from the state General Fund to pay for affordable housing programs. While the measure does not change state revenue or expenditures, it reduces the amount refunded to taxpayers in years when state revenue is over the TABOR revenue limit.” B 4 B 41 42 43 Proposition 123 Dedicate Revenue for Affordable Housing Programs 1Ballot Title: 2Shall there be a change to the Colorado Revised Statutes concerning statewide funding for 3additional affordable housing, and, in connection therewith, dedicating state revenues collected 4from an existing tax of one-tenth of one percent on federal taxable income of every individual, 5estate, trust, and corporation, as defined in law, for affordable housing and exempting the 6dedicated revenues from the constitutional limitation on state fiscal year spending; allocating 760% of the dedicated revenues to affordable housing financing programs that will reduce rents, 8purchase land for affordable housing development, and build assets for renters; allocating 40% 9of the dedicated revenues to programs that support affordable home ownership, serve persons 10 experiencing homelessness, and support local planning capacity; requiring local governments 11 that seek additional affordable housing funding to expedite development approvals for 12 affordable housing projects and commit to increasing the number of affordable housing units by 13 3% annually; and specifying that the dedicated revenues shall not supplant existing 14 appropriations for affordable housing programs? 15 Text of Measure: 16 Be it enacted by the People of the State of Colorado: 17 SECTION 1. In Colorado Revised Statutes, add article 32 to title 29 as follows: 18 ARTICLE 32 19 Statewide Affordable Housing Fund 20 29-32-101. Definitions. A S USED IN THIS A RTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES: 21 (1)“A DMINISTRATOR” MEANS A POLITICAL SUBDIVISION OF THE S TATE OF C OLORADO ESTABLISHED 22 FOR THE PURPOSES, AMONG OTHERS, OF INCREASING THE SUPPLY OF DECENT, SAFE, AND SANITARY 23 HOUSING FOR LOW- AND MODERATE-INCOME FAMILIES, OR OTHER THIRD PARTY ESTABLISHED FOR 24 SUCH PURPOSES, SELECTED BY THEOFFICE TO ADMINISTER CERTAIN AFFORDABLE HOUSING 25 PROGRAMS CREATED IN SECTION 29-32-104. 26 (2) “A FFORDABLE HOUSING” MEANS RENTAL HOUSING AFFORDABLE TO A HOUSEHOLD WITH AN 27 ANNUAL INCOME OF AT OR BELOW SIXTY PERCENT OF THE AREA MEDIAN INCOME, AND THAT COSTS 28 THE HOUSEHOLD LESS THAN THIRTY PERCENT OF ITS MONTHLY INCOME.“A FFORDABLE HOUSING” 29 ALSO MEANS FOR-SALE HOUSING THAT COULD BE PURCHASED BY A HOUSEHOLD WITH AN ANNUAL 30 INCOME OF AT OR BELOW ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, FOR WHICH THE 31 MORTGAGE PAYMENT COSTS THE HOUSEHOLD LESS THAN THIRTY PERCENT OF ITS MONTHLY INCOME. 32 T ARGETS SET FOR THE LOCAL GOVERNMENTS UNDER SECTION 29-32-105 FOR AFFORDABLE 33 HOUSING SHALL BE BASED ON THE AVERAGE OF THE AREA MEDIAN INCOME.I F A LOCAL GOVERNMENT 34 DETERMINES THAT APPLICATION OF THIS DEFINITION OF AFFORDABLE HOUSING WOULD CAUSE 35 IMPLEMENTATION OF THIS ARTICLE IN A MANNER INCONSISTENT WITH HOUSING AND WORKFORCE 1 44 1 NEEDS WITHIN THE JURISDICTION, IT MAY PETITION THE DIVISION FOR LEAVE TO USE THE 2 CALCULATION APPLICABLE TO AN ADJACENT JURISDICTION OR THE STATE MEDIAN INCOME THAT 3 BETTER REFLECTS LOCAL NEEDS. 4(3)“A REA MEDIAN INCOME” MEANS THE MEDIAN HOUSEHOLD INCOME OF HOUSEHOLDS OF A GIVEN 5 SIZE IN THE MUNICIPALITY, OR METROPOLITAN STATISTICAL AREA ENCOMPASSING A MUNICIPALITY, OR 6 COUNTY IN WHICH THE HOUSING IS LOCATED, AS CALCULATED AND PUBLISHED FOR A GIVEN YEAR BY 7 THE U NITED S TATES D EPARTMENT OF H OUSING AND U RBAN D EVELOPMENT. 8(4)"D IVISION" MEANS THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN 9 SECTION 24-32-704(1). 10 (5)"S UPPORT FUND” MEANS THE AFFORDABLE HOUSING SUPPORT FUND CREATED IN SECTION 29-32- 11 103(1). 12 (6)"F UND" MEANS THE STATE AFFORDABLE HOUSING FUND CREATED IN SECTION 29-32-102 (1). 13 (7) "L OCAL GOVERNMENT" MEANS A MUNICIPALITY, WHETHER HOME RULE OR STATUTORY; A COUNTY, 14 WHETHER HOME RULE OR STATUTORY; A CITY AND COUNTY; OR A LOCAL HOUSING AUTHORITY. 15 (8)“O FFICE” MEANS THE OFFICE OF ECONOMIC DEVELOPMENT CREATED IN SECTION 24-48.5-101. 16 (9)"F INANCING FUND" MEANS THE AFFORDABLE HOUSING FINANCING FUND CREATED IN SECTION 29- 17 32-103(2). 18 29-32-102. State affordable housing fund. (1)T HE STATE AFFORDABLE HOUSING FUND IS 19 HEREBY CREATED IN THE STATE TREASURY.C OMMENCING ON J ANUARY 1,2023, ALL STATE 20 REVENUES COLLECTED FROM AN EXISTING TAX ON ONE-TENTH OF ONE PERCENT ON FEDERAL 21 TAXABLE INCOME, AS MODIFIED BY LAW, OF EVERY INDIVIDUAL, ESTATE, TRUST, AND CORPORATION, 22 AS DEFINED IN LAW, AS CALCULATED PURSUANT TO SUBSECTION (4) OF THIS SECTION, SHALL BE 23 DEPOSITED IN THE FUND BY THE STATE TREASURER.T HE REVENUE DEPOSITED INTO THE FUND 24 PURSUANT TO THIS SUBSECTION (1) SHALL NOT BE SUBJECT TO THE LIMITATION ON FISCAL YEAR 25 SPENDING SPECIFIED IN SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION. 26 (2)T HE FUND SHALL CONSIST OF MONEY DEPOSITED INTO THE FUND UNDER SUBSECTION (1) OF THIS 27 SECTION; ANY MONEY APPROPRIATED TO THE FUND BY THE GENERAL ASSEMBLY; AND ANY GIFTS, 28 GRANTS, OR DONATIONS FROM ANY PUBLIC OR PRIVATE SOURCES, INCLUDING GOVERNMENTAL 29 ENTITIES, THAT THE DIVISION AND THE OFFICE ARE HEREBY AUTHORIZED TO SEEK AND ACCEPT. 30 (3)A LL MONEY NOT EXPENDED OR ENCUMBERED, AND ALL INTEREST EARNED ON THE INVESTMENT OR 31 DEPOSIT OF MONEY IN THE FUND, SHALL REMAIN IN THE FUND AND SHALL NOT REVERT TO THE 32 GENERAL FUND OR ANY OTHER FUND AT THE END OF ANY FISCAL YEAR. 33 (4)(a) T HE LEGISLATIVE COUNCIL, IN CONSULTATION WITH THE OFFICE OF STATE PLANNING AND 34 BUDGETING, SHALL CALCULATE THE AMOUNT OF REVENUES TO BE DEPOSITED IN THE FUND FOR THE 35 PERIOD COMMENCING J ANUARY 1,2023 AND ENDING J UNE 30,2023, AND FOR EACH STATE FISCAL 36 YEAR COMMENCING ON OR AFTER J ULY 1,2023. THE LEGISLATIVE COUNCIL AND THE OFFICE OF 37 STATE PLANNING AND BUDGETING SHALL RELY UPON THE QUARTERLY STATE REVENUE ESTIMATES 38 ISSUED BY THE LEGISLATIVE COUNCIL IN CALCULATING SUCH AMOUNTS AND SHALL UPDATE ITS 2 45 1 CALCULATIONS NOT LATER THAN FIVE DAYS FOLLOWING THE ISSUANCE OF EACH QUARTERLY STATE 2 REVENUE ESTIMATE. 3(b) T O ENSURE THAT ALL FUND REVENUES ARE TRANSFERRED TO THE FUND AND THAT OTHER STATE 4 REVENUES ARE NOT ERRONEOUSLY TRANSFERRED TO THE FUND: 5(I)N O LATER THAN TWO DAYS AFTER CALCULATING OR RECALCULATING THE AMOUNT OF FUND 6 REVENUES FOR THE PERIOD COMMENCING J ANUARY 1,2023 AND ENDING J UNE 30,2023, AND FOR 7 ANY FISCAL YEAR COMMENCING ON OR AFTER J ULY 1,2023, THE LEGISLATIVE COUNCIL, IN 8 CONSULTATION WITH THE OFFICE OF STATE PLANNING AND BUDGETING, SHALL CERTIFY TO THE 9 DEPARTMENT OF REVENUE THE AMOUNT OF FUND REVENUES THAT THE DEPARTMENT SHALL 10 TRANSFER TO THE STATE TREASURER FOR DEPOSIT INTO THE FUND ON THE FIRST DAY OF EACH OF 11 THE THREE SUCCEEDING CALENDAR MONTHS AS REQUIRED BY PARAGRAPH (c) OF THIS SUBSECTION 12 (4); 13 (II)N OTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (b), NO LATER 14 THAN M AY 25 OF 2023 AND OF ANY STATE FISCAL YEAR COMMENCING ON OR AFTER J ULY 1,2023, 15 THE LEGISLATIVE COUNCIL, IN CONSULTATION WITH THE OFFICE OF STATE PLANNING AND BUDGETING, 16 MAY CERTIFY TO THE DEPARTMENT OF REVENUE AN ADJUSTED AMOUNT FOR ANY TRANSFER TO BE 17 MADE ON THE FIRST BUSINESS DAY OF THE IMMEDIATELY SUCCEEDING J UNE; AND 18 (III)S UBJECT TO REVIEW BY THE STATE AUDITOR, THE LEGISLATIVE COUNCIL, IN CONSULTATION WITH 19 THE OFFICE OF STATE PLANNING AND BUDGETING, MAY CORRECT ANY ERROR IN THE TOTAL AMOUNT 20 OF STATE AFFORDABLE HOUSING REVENUES TRANSFERRED DURING ANY STATE FISCAL YEAR BY 21 ADJUSTING THE AMOUNT OF ANY TRANSFER TO BE MADE DURING THE NEXT STATE FISCAL YEAR. 22 (c)O N THE FIRST BUSINESS DAY OF EACH CALENDAR MONTH THAT COMMENCES AFTER J ANUARY 5, 23 2023, THE DEPARTMENT OF REVENUE SHALL TRANSFER TO THE STATE TREASURER FOR DEPOSIT 24 INTO THE FUND REVENUES IN AN AMOUNT CERTIFIED TO THE DEPARTMENT BY THE LEGISLATIVE 25 COUNCIL, IN CONSULTATION WITH THE OFFICE OF STATE PLANNING AND BUDGETING, PURSUANT TO 26 PARAGRAPH (b) OF THIS SUBSECTION (4). 27 29-32-103. Transfers of money - permitted uses of the fund - continuous appropriation. 28 (1)T HE AFFORDABLE HOUSING SUPPORT FUND IS HEREBY CREATED IN THE STATE TREASURY.T HE 29 SUPPORT FUND SHALL CONSIST OF MONEY DEPOSITED INTO IT UNDER SUBSECTION (3) OF THIS 30 SECTION.T HE DIVISION SHALL ADMINISTER THE SUPPORT FUND AND EXPEND THE MONEYS IN THE 31 SUPPORT FUND ONLY FOR THE PURPOSES SET FORTH IN SECTION 29-32-104(3).A LL MONEY NOT 32 EXPENDED OR ENCUMBERED, AND ALL INTEREST EARNED ON THE INVESTMENT OR DEPOSIT OF MONEY 33 IN THE SUPPORT FUND, SHALL REMAIN IN THE SUPPORT FUND AND SHALL NOT REVERT TO THE 34 GENERAL FUND OR ANY OTHER FUND AT THE END OF ANY FISCAL YEAR.A LL MONEY TRANSFERRED TO 35 THE SUPPORT FUND PURSUANT TO SUBSECTION (3) OF THIS SECTION IS CONTINUOUSLY 36 APPROPRIATED TO THE DIVISION FOR THE PURPOSES SET FORTH IN SECTION 29-32-104(3). 37 (2)T HE AFFORDABLE HOUSING FINANCING FUND IS HEREBY CREATED IN THE STATE TREASURY.T HE 38 FINANCING FUND SHALL CONSIST OF MONEY DEPOSITED INTO IT UNDER SUBSECTION (3) OF THIS 39 SECTION.T HE OFFICE SHALL ADMINISTER THE FINANCING FUND AND EXPEND THE MONEYS IN THE 40 FINANCING FUND ONLY FOR THE PURPOSES SET FORTH IN SECTION 29-32-104(1).A LL MONEY NOT 41 EXPENDED OR ENCUMBERED, AND ALL INTEREST EARNED ON THE INVESTMENT OR DEPOSIT OF MONEY 42 IN THE FINANCING FUND, SHALL REMAIN IN THE FINANCING FUND AND SHALL NOT REVERT TO THE 3 46 1 GENERAL FUND OR ANY OTHER FUND AT THE END OF ANY FISCAL YEAR.A LL MONEY TRANSFERRED TO 2 THE FINANCING FUND PURSUANT TO SUBSECTION (3) OF THIS SECTION IS CONTINUOUSLY 3 APPROPRIATED TO THE OFFICE FOR THE PURPOSES SET FORTH IN SECTION 29-32-104(1). 4(3)O N J ULY 1,2023, OR AS SOON AS PRACTICABLE THEREAFTER, AND ON J ULY 1 OF EACH STATE 5 FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER FORTY PERCENT OF THE 6 BALANCE OF THE FUND ON THE DATE OF THE TRANSFER TO THE SUPPORT FUND AND SIXTY PERCENT 7 OF THE BALANCE OF THE FUND ON THE DATE OF THE TRANSFER TO THE FINANCING FUND. 829-32-104. Permissible expenditures – affordable housing programs. (1)T HE OFFICE SHALL 9 CONTRACT WITH THE ADMINISTRATOR.T HE OFFICE MAY SELECT AN ADMINISTRATOR WITHOUT A 10 COMPETITIVE PROCUREMENT PROCESS BUT SHALLANNOUNCE THE CONTRACT OPENING PUBLICLY 11 AND SELECT THE ADMINISTRATOR IN A MEETING THAT IS OPEN TO THE PUBLIC, NO LESS THAN 12 SEVENTY-TWO HOURS AFTER NOTICE OF SUCH MEETING IS PUBLICLY AVAILABLE.N O SINGLE 13 CONTRACT MAY EXCEED FIVE YEARS IN DURATION.U PON THE EXPIRATION OF ANY CONTRACT TERM, 14 THE OFFICE MAY RENEW THE CONTRACT WITH THE SAME ADMINISTRATOR OR MAY SELECT ANOTHER 15 ADMINISTRATOR.T HE ADMINISTRATOR SELECTED BY THE OFFICE SHALL EXPEND THE MONEY 16 TRANSFERRED TO THE FINANCING FUND IN SECTION 29-32-103(2) TO SUPPORT THE FOLLOWING 17 PROGRAMS ONLY: 18 (a) A LAND BANKING PROGRAM TO BE ADMINISTERED BY THE ADMINISTRATOR. THE PROGRAM SHALL 19 PROVIDE GRANTS TO LOCAL GOVERNMENTS AND LOANS TO NON-PROFIT ORGANIZATIONS WITH A 20 DEMONSTRATED HISTORY OF PROVIDING AFFORDABLE HOUSING TO ACQUIRE AND PRESERVE LAND 21 FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.M IXED USE DEVELOPMENT IS AN ALLOWABLE USE 22 OF LAND PURCHASED UNDER THIS PROGRAM IF THE PREDOMINATE USE OF THE LAND IS AFFORDABLE 23 HOUSING.L OANS MADE BY THE PROGRAM SHALL BE FORGIVEN IF LAND ACQUIRED WITH THE 24 ASSISTANCE OF THE PROGRAM IS PROPERLY ZONED WITH AN ACTIVE PLAN FOR THE DEVELOPMENT OF 25 AFFORDABLE HOUSING WITHIN 5 YEARS OF DATE THE LOAN IS MADE AND IF THE DEVELOPMENT IS 26 PERMITTED AND FUNDED WITHIN 10 YEARS.T HE LENDER AND BORROWER MAY ESTABLISH 27 ADDITIONAL TERMS IF NEEDED.I F LAND ACQUIRED WITH THE ASSISTANCE OF THE PROGRAM IS NOT 28 DEVELOPED WITHIN THE TIMELINE ABOVE, THE LOAN MUST BE REPAID, WITH INTEREST, AS SOON AS 29 PRACTICAL, BUT NOT MORE THAN SIX MONTHS AFTER EXPIRATION OF SAID TIMELINE.L AND ACQUIRED 30 WITH THE ASSISTANCE OF THE PROGRAM THAT IS NOT DEVELOPED WITHIN THE TIMELINE ABOVE MAY 31 BE USED BY THE OWNER FOR ANY PURPOSE UPON PAYMENT OF THE LOAN WITH INTEREST OR, IN 32 EXCHANGE FOR A WAIVER OF INTEREST, CONVEYED TO A STATE AGENCY OR OTHER ENTITY FOR THE 33 DEVELOPMENT OF AFFORDABLE HOUSING WITH THE APPROVAL OF THE ADMINISTRATOR.A LL 34 PRINCIPAL AND INTEREST PAYMENTS ON LOANS MADE UNDER THIS PARAGRAPH(a) SHALL BE PAID TO 35 THE ADMINISTRATOR AND USED BY THE ADMINISTRATOR FOR THE PURPOSES SET FORTH IN THIS 36 SUBSECTION (1). AS DETERMINED BY THE ADMINISTRATOR, A MINIMUM OF 15% AND A MAXIMUM OF 37 25% OF MONIESTRANSFERRED TO THE OFFICE FROM THE FUND ANNUALLY MAY BE USED FOR THE 38 PROGRAM.T HE ADMINISTRATOR MAY UTILIZE UP TO TWO PERCENT OF THE FUNDS IT RECEIVES FROM 39 THE OFFICE FOR THE PROGRAM ANNUALLY TO PAY FOR THE COSTS OF ADMINISTERING THE PROGRAM. 40 (b) A N AFFORDABLE HOUSING EQUITY PROGRAM TO BE ADMINISTERED BY THE ADMINISTRATOR. THE 41 PROGRAM SHALL MAKE EQUITY INVESTMENTS IN LOW- AND MIDDLE-INCOME MULTI-FAMILY RENTAL 42 DEVELOPMENTS.T HE PROGRAM SHALL ALSO MAKE EQUITY INVESTMENTS IN EXISTING AFFORDABLE 43 HOUSING PROJECTS WHICH INCLUDE MULTI-FAMILY RENTAL UNITS FOR THE PURPOSE OF ENSURING 44 THAT SAID PROJECTS REMAIN AFFORDABLE.T HE AVERAGE OF RENTS FOR PROJECTS FUNDED BY THE 45 PROGRAM (CALCULATED BY ADDING TOGETHER THE MONTHLY RENT FOR ALL UNITS IN APROJECT AND 4 47 1 DIVIDING BY THE NUMBER OF UNITS IN THE PROJECT) MUST BE AND REMAIN PERMANENTLY 2 AFFORDABLE SUCH THAT A PARTICIPATING HOUSEHOLD SHALL NOT BE REQUIRED TO SPEND MORE 3 THAN 30% OF HOUSEHOLD INCOME ON RENT FOR HOUSEHOLDS THAT ARE AT OR BELOW 90% OF THE 4 AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE TERRITORY OR JURISDICTION OF LOCAL 5 GOVERNMENT IN WHICH THE HOUSING IS LOCATED, AS CALCULATED AND PUBLISHED FOR A GIVEN 6 YEAR BY THE U NITED S TATES D EPARTMENT OF H OUSING AND U RBAN D EVELOPMENT.T HE PROGRAM 7 SHALL INCLUDE A TENANT EQUITY VEHICLE, MEANING, IN PROJECTS FUNDED BY THE PROGRAM, 8 TENANTS WHO RESIDE IN THE PROJECT FOR AT LEAST ONE YEAR SHALL BE ENTITLED TO A SHARE OF 9 THE EQUITY GROWTH IN THE PROJECT, IF ANY, IN THE FORM OF FUNDING FROM THE PROGRAM FOR A 10 DOWN-PAYMENT ON HOUSING OR RELATED PURPOSES, IN AN AMOUNT DETERMINED BY THE 11 ADMINISTRATOR.E QUITY INVESTMENTS MADE BY THE PROGRAM SHALL BE MADE WITH THE 12 EXPECTATION OF RETURNS THAT ARE BELOW THE PREVAILING MARKET RETURNS.R ETURNS ON 13 PROGRAM INVESTMENTS UP TO THE AMOUNT OF THE PROGRAM’S INITIAL INVESTMENT SHALL BE 14 RETAINED IN THE PROGRAM AND REINVESTED. R ETURNS ON PROGRAM INVESTMENTS GREATER THAN 15 THE PROGRAM’S INITIAL INVESTMENT SHALL BE RETAINED IN THE PROGRAM TO FUND THE TENANT 16 EQUITY VEHICLE.I N SELECTING INVESTMENTS UNDER THIS PROGRAM, THE ADMINISTRATORSHALL 17 PRIORITIZE HIGH-DENSITY HOUSING, MIXED-INCOME HOUSING, AND PROJECTS CONSISTENT WITH THE 18 GOAL OF ENVIRONMENTAL SUSTAINABILITY.A S DETERMINED BY THE ADMINISTRATOR, A MINIMUM OF 19 40% OF MONIES AND A MAXIMUM OF 70% OFMONIES TRANSFERRED TO THE OFFICE FROM THE FUND 20 ANNUALLY MAY BE USED FOR THE PROGRAM.T HE ADMINISTRATOR MAY UTILIZE UP TO TWO PERCENT 21 OF THE FUNDS IT RECEIVES FROM THE OFFICE FOR THE PROGRAM ANNUALLY TO PAY FOR THE COSTS 22 OF ADMINISTERING THE PROGRAM. 23 (c)A CONCESSIONARY DEBT PROGRAM TO BE ADMINISTERED BY THE ADMINISTRATOR. THE PROGRAM 24 SHALL: 25 (I)P ROVIDE DEBT FINANCING OF LOW- AND MIDDLE-INCOME MULTI-FAMILY RENTAL DEVELOPMENTS, 26 (II)P ROVIDE GAP FINANCING IN THE FORM OF SUBORDINATE DEBT AND PRE- DEVELOPMENT LOANS 27 FOR PROJECTS THAT QUALIFY FOR FEDERAL LOW INCOME HOUSING TAX CREDITS, 28 (III)P ROVIDE DEBT FINANCING OF EXISTING AFFORDABLE HOUSING PROJECTS FOR THE PURPOSE OF 29 PRESERVING EXISTING AFFORDABLE MULTI-FAMILY RENTAL UNITS, AND 30 (IV)P ROVIDE DEBT FINANCING FOR MODULAR AND FACTORY BUILD HOUSING MANUFACTURERS. 31 T HE AVERAGE OF RENTS FOR PROJECTS FUNDED BY THE PROGRAM (CALCULATED BY ADDING 32 TOGETHER THE MONTHLY RENT FOR ALL UNITS IN A PROJECT AND DIVIDING BY THE NUMBER OF UNITS 33 IN THE PROJECT) MUST BE AND REMAIN PERMANENTLY AFFORDABLE (MEANING THAT A HOUSEHOLD 34 SHALL NOT BE REQUIRED TO SPEND MORE THAN 30% OF HOUSEHOLD INCOME ON RENT AND BASIC 35 UTILITIES) FOR HOUSEHOLDSTHAT ARE AT OR BELOW 60% OF THE AREA MEDIAN INCOME OF 36 HOUSEHOLDS OF THAT SIZE IN THE TERRITORY OR JURISDICTION OF LOCAL GOVERNMENT IN WHICH 37 THE HOUSING IS LOCATED, AS CALCULATED AND PUBLISHED FOR A GIVEN YEAR BY THE U NITED 38 S TATES D EPARTMENT OF H OUSING AND U RBAN D EVELOPMENT (THE AFFORDABILITYTHRESHOLD); 39 EXCEPT THAT WHERE THE PROGRAM IS A SECONDARY SOURCE OF FUNDING, THE AFFORDABILITY 40 THRESHOLD REQUIRED BY THE PRIMARY FUNDING SOURCE, IF ANY, MAY BE OPERATIVE.D EBT 41 FINANCING AND LOANS MADE BY THE PROGRAM SHALL BE MADE AT BELOW MARKET INTEREST RATES 42 AS DETERMINED BY THE ADMINISTRATOR.R ETURNS ON PROGRAM INVESTMENTS UP TO THE AMOUNT 43 OF THE PROGRAM’S INITIAL INVESTMENT SHALL BE RETAINED IN THE PROGRAM AND REINVESTED BY 44 THE ADMINISTRATOR IN THE PROGRAM ESTABLISHED IN THIS PARAGRAPH (C).R ETURNS ON PROGRAM 5 48 1 INVESTMENTS GREATER THAN THE PROGRAM’S INITIAL INVESTMENT SHALL BE RETAINED IN THE 2 PROGRAM TO FUND THE TENANT EQUITY VEHICLE OF THE AFFORDABLE HOUSING EQUITY PROGRAM 3 CREATED IN SUBSECTION (1)(b) OF THIS SECTION. AS DETERMINED BY THE ADMINISTRATOR, A 4 MINIMUM OF 15% OF MONIES AND A MAXIMUM OF 35% OF MONIES TRANSFERRED TO THE OFFICE 5 FROM THE FUND ANNUALLY MAY BE USED FOR THE PROGRAM. THE ADMINISTRATOR MAY UTILIZE UP 6 TO TWO PERCENT OF THEFUNDS IT RECEIVES FROM THE OFFICE FOR THE PROGRAM ANNUALLY TO 7 PAY FOR THE COSTS OF ADMINISTERING THE PROGRAM. 8(2)I N SELECTING INVESTMENTS TO BE MADE BY THE PROGRAMS OF SUBSECTION (1) OF THIS 9 SECTION, THE ADMINISTRATOR SHALL PRIORITIZE PROJECTS THAT ACHIEVE HIGH-DENSITY HOUSING, 10 MIXED-INCOME HOUSING, AND PROJECTS CONSISTENT WITH THE GOAL OF ENVIRONMENTAL 11 SUSTAINABILITY, AS APPROPRIATE. 12 (3) T HE DIVISION SHALL EXPEND THE MONEY TRANSFERRED TO THE SUPPORT FUND IN SECTION 29- 13 32-103(1) TO SUPPORT THE FOLLOWING PROGRAMS ONLY: 14 (a) A N AFFORDABLE HOME OWNERSHIP PROGRAM ADMINISTERED BY THE DIVISION OR ONE OR MORE 15 CONTRACTORS OF THE DIVISION. THE PROGRAM SHALL OFFER HOME OWNERSHIP DOWN-PAYMENT 16 ASSISTANCE TO FIRST-TIME HOMEBUYERS AND SHALL PRIORITIZE ASSISTANCE, TO THE EXTENT 17 PRACTICABLE, TO FIRST-GENERATION HOMEBUYERS. THE ASSISTANCE SHALL BE PROVIDED TO 18 HOUSEHOLDS WITH INCOME LESS THAN OR EQUAL TO 120% OF THE AREA MEDIAN INCOME OF 19 HOUSEHOLDS OF THAT SIZE IN THE TERRITORY OR JURISDICTION OF LOCAL GOVERNMENT IN WHICH 20 THE HOUSING IS LOCATED, AS CALCULATED AND PUBLISHED FOR A GIVEN YEAR BY THE U NITED 21 S TATES D EPARTMENT OF H OUSING AND U RBAN D EVELOPMENT.T HE PROGRAM SHALL ALSO MAKE 22 GRANTS OR LOANS TO NON-PROFITS AND COMMUNITY LAND TRUSTS TO SUPPORT AFFORDABLE HOME 23 OWNERSHIP AND TO GROUPS OR ASSOCIATIONS OF MOBILE HOME OWNERS TO ASSIST THEM WITH THE 24 PURCHASE OF A MOBILE HOME PARK PURSUANT TOSECTION 38-12-217.S AID GRANTS AND LOANS 25 SHALL BE USED TO SUPPORT AFFORDABLE HOME OWNERSHIP FOR HOUSEHOLDS WITH INCOME LESS 26 THAN OR EQUAL TO 100% OF THE AREA MEDIAN INCOME OF HOUSEHOLDS OF THAT SIZE IN THE 27 TERRITORY OR JURISDICTION OF LOCAL GOVERNMENT IN WHICH THE HOUSEHOLDS ARE LOCATED, AS 28 CALCULATED AND PUBLISHED FOR A GIVEN YEAR BY THE UNITED STATES DEPARTMENT OF HOUSING 29 AND URBAN DEVELOPMENT.A LL PRINCIPAL AND INTEREST PAYMENTS ON LOANS MADE UNDER THIS 30 PARAGRAPH (a) SHALL BE PAID TO THE DIVISION AND USED BY THE ADMINISTRATOR FOR THE 31 PURPOSES SET FORTH IN THIS SUBSECTION (3). UP TO 50% OF MONIES TRANSFERRED TO THE 32 DIVISION FROM THE FUND ANNUALLY MAY BE USED FORTHE PROGRAM.T HE DIVISION SHALL 33 DETERMINE HOW MUCH OF THE AVAILABLE FUNDING SHALL BE ALLOCATED TO EACH ASPECT OF THE 34 PROGRAM.T HE DIVISION MAY UTILIZE UP TO 5% OF THE FUNDS IT RECEIVES FROM THE FUND FOR THE 35 PROGRAM ANNUALLY TO PAY FOR THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THE 36 PROGRAM. 37 (b) A PROGRAM SERVING PERSONS EXPERIENCING HOMELESSNESS TO BE ADMINISTERED BY THE 38 DIVISION. THE PROGRAM SHALL PROVIDE RENTAL ASSISTANCE, HOUSING VOUCHERS, AND EVICTION 39 DEFENSE ASSISTANCE, INCLUDING LEGAL, FINANCIAL, AND CASE MANAGEMENT, TO PERSONS 40 EXPERIENCING HOMELESSNESS OR AT RISK OF EXPERIENCING HOMELESSNESS. THE PROGRAM SHALL 41 ALSO MAKE GRANTS OR LOANS TO NON-PROFIT ORGANIZATIONS, LOCAL GOVERNMENTS OR PRIVATE 42 ENTITIES TO SUPPORT THE DEVELOPMENT AND PRESERVATION OF SUPPORTIVE HOUSING FOR 43 PERSONS EXPERIENCING HOMELESSNESS, AND OTHER HOMELESSNESS RELATED ACTIVITIES THE 44 DIVISION DETERMINES CONTRIBUTE TO THE RESOLUTION OF OR PREVENTION OF HOMELESSNESS, 45 INCLUDING HOUSING PROGRAMS PAID FOR BY NON-PROFIT ORGANIZATIONS, LOCAL GOVERNMENTS 6 49 1 OR PRIVATE ENTITIES ON A PAY FOR SUCCESS BASIS, MEANING AN ORGANIZATION, LOCAL 2 GOVERNMENT OR PRIVATE ENTITY WOULD RECEIVE FINANCIAL SUPPORT FROM THE PROGRAM UPON 3 ACHIEVING OBJECTIVES CONTRACTUALLY AGREED UPON WITH THE DIVISION. ALL PRINCIPAL AND 4 INTEREST PAYMENTS ON LOANS MADE UNDER THIS PARAGRAPH (b) SHALL BE PAID TO THE DIVISION 5 AND USED BY THE ADMINISTRATOR FOR THE PURPOSES SET FORTH IN THIS SUBSECTION (3).U P TO 645% OF MONIES TRANSFERRED TO THE DIVISION FROM THE FUND ANNUALLY MAY BE USED FOR THE 7 PROGRAM.T HE DIVISION MAY UTILIZE UP TO 5% OF THE FUNDS IT RECEIVES FROM THE FUND FOR THE 8 PROGRAM ANNUALLY TO PAY FOR THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THE 9 PROGRAM. 10 (c) A LOCAL PLANNING CAPACITY DEVELOPMENT PROGRAM ADMINISTERED BY THE DIVISION. THE 11 PROGRAM SHALL PROVIDE GRANTS TO LOCAL GOVERNMENTS TO INCREASE THE CAPACITY OF LOCAL 12 GOVERNMENT PLANNING DEPARTMENTS RESPONSIBLE FOR PROCESSING LAND USE, PERMITTING AND 13 ZONING APPLICATIONS FOR HOUSING PROJECTS.U P TO 5% OF MONIES TRANSFERRED TO THE 14 DIVISION FROM THE FUND ANNUALLY MAY BE USED FOR THE PROGRAM.T HE DIVISION MAY UTILIZE UP 15 TO 5% OF THE FUNDS IT RECEIVES FROM THE FUND FOR THE PROGRAM ANNUALLY TO PAY FOR THE 16 DIRECT AND INDIRECT COSTS OF ADMINISTERING THE PROGRAM. 17 (5) I F THE L EGISLATIVE C OUNCIL S TAFF’S M ARCH E CONOMIC AND R EVENUE F ORECAST IN ANY 18 GIVEN YEAR PROJECTS REVENUE FOR THE NEXT STATE FISCAL YEAR WILL FALL BELOW THE REVENUE 19 LIMIT IMPOSED UNDER SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE GENERAL 20 ASSEMBLY MAY REDUCE THE FUNDING ALLOCATED TO THE OFFICE REQUIRED BY THIS SECTION FOR 21 THE NEXT STATE FISCAL YEAR IN ORDER TO BALANCE THE STATE BUDGET FOR SAID STATE FISCAL 22 YEAR. 23 29-32-105. Local government affordable housing commitments – three-year commitment 24 cycle - expedited development approval process - eligibility for assistance from the fund. 25 (1) (a) N OT LATER THAN N OVEMBER 1,2023, THE GOVERNING BODY OF EACH LOCAL GOVERNMENT, 26 OTHER THAN LOCAL HOUSING AUTHORITIES, DESIRING TO RECEIVE FUNDING UNDER THIS SECTION OR 27 DESIRING TO MAKE AFFORDABLE HOUSING PROJECTS WITHIN ITS TERRITORIAL BOUNDARIES ELIGIBLE 28 FOR FUNDING UNDER THIS SECTION SHALL MAKE AND FILE WITH THE DIVISION A COMMITMENT 29 SPECIFYING HOW, BY D ECEMBER 31,2026, THE COMBINED NUMBER OF NEWLY CONSTRUCTED 30 AFFORDABLE HOUSING UNITS AND EXISTING UNITS CONVERTED TO AFFORDABLE HOUSING, WITHIN ITS 31 TERRITORIAL BOUNDARIES SHALL BE INCREASED BY THREE PERCENT EACH YEAR OVER THE BASELINE 32 NUMBER OF AFFORDABLE HOUSING UNITS WITHIN ITS TERRITORIAL BOUNDARIES, DETERMINED AS 33 PROVIDED IN SUBSECTION (1)(c) OF THIS SECTION. 34 (b) IN THE CASE OF A COUNTY, THE REQUIREMENTS OF THIS SUBSECTION (1) ONLY APPLY TO THE 35 UNINCORPORATED AREAS OF THE COUNTY. 36 (c) T HE BASELINE NUMBER OF AFFORDABLE HOUSING UNITS WITHIN THE TERRITORIAL BOUNDARIES 37 OF A LOCAL GOVERNMENT, AS REFERENCED IN THIS SUBSECTION (1), SHALL BE DETERMINED BY THE 38 LOCAL GOVERNMENT BY REFERENCE TO: 39 (I)T HE 2017-2021A MERICAN C OMMUNITY S URVEY 5-YEAR ESTIMATES PUBLISHED BY THE U NITED 40 S TATES C ENSUS B UREAU.T HE BASELINE NUMBER SHALL RESET FOR 2027, BASED ON THE 2020- 41 2024A MERICAN C OMMUNITY S URVEY 5-YEAR ESTIMATES, EXPECTED TO BE PUBLISHED IN THE 42 SPRING OF 2026 AND EVERY THIRD YEAR THEREAFTER WITH THE PUBLICATION OF THE 43 CORRESPONDING A MERICAN C OMMUNITY S URVEY 5-YEAR ESTIMATES; OR 7 4: 1(II)T HE MOST RECENTLY AVAILABLE C OMPREHENSIVE H OUSING A FFORDABILITY S TRATEGIES 2 ESTIMATES PUBLISHED BY THE U NITED S TATES D EPARTMENT OF H OUSING AND U RBAN 3D EVELOPMENT; OR 4(III)A WEB-BASED SYSTEM CREATED, MAINTAINED, AND UPDATED BY THE DIVISION WITH THE 5 ESTIMATES SPECIFIED IN SUBSECTION (1)(C)(I) OF THIS SECTION, OR IF THE DIVISION FINDS THAT THE 6 ESTIMATES SPECIFIED IN SAID SUBSECTION (1)(C)(I) WOULD BE IMPRACTICAL OR DELETERIOUS TO 7 THE EFFICACIOUS IMPLEMENTATION OF THIS SECTION, AN ALTERNATIVE SOURCE OF ESTIMATES THAT 8 THE DIVISION FINDS TO BE APPROPRIATE. 9(d) B Y N OVEMBER 1,2026 AND BY N OVEMBER 1 ST OF EACH SUBSEQUENT YEAR IN WHICH THE 10 BASELINE RESETS, THE GOVERNING BODY OF EACH LOCAL GOVERNMENT, OTHER THAN LOCAL 11 HOUSING AUTHORITIES, DESIRING TO RECEIVE FUNDING UNDER THIS SECTION OR DESIRING TO MAKE 12 AFFORDABLE HOUSING PROJECTS WITHIN ITSTERRITORIAL BOUNDARIES ELIGIBLE FOR FUNDING 13 UNDER THIS SECTION SHALL MAKE AND FILE WITH THE DIVISION A COMMITMENT SPECIFYING HOW, BY 14 D ECEMBER 31 OF THE THIRD YEAR THEREAFTER, THE COMBINED NUMBER OF NEWLY CONSTRUCTED 15 AFFORDABLE HOUSING UNITS AND EXISTING UNITS CONVERTED TO AFFORDABLE HOUSING, WITHIN ITS 16 TERRITORIAL BOUNDARIES SHALL BE INCREASED BY THREE PERCENT EACH YEAR OVER THE BASELINE 17 NUMBER OF AFFORDABLE HOUSING UNITS WITHIN ITS TERRITORIAL BOUNDARIES DETERMINED AS 18 PROVIDED IN SUBSECTION (1)(c) OF THIS SECTION. 19 (e)I N DRAFTING AND ENACTING COMMITMENTS UNDER THIS SUBSECTION (1) LOCAL GOVERNMENTS 20 SHOULD PRIORITIZE HIGH-DENSITY HOUSING, MIXED-INCOME HOUSING, AND PROJECTS CONSISTENT 21 WITH THE GOAL OF ENVIRONMENTAL SUSTAINABILITY, WHEN APPROPRIATE, AND SHOULD PRIORITIZE 22 AFFORDABLE HOUSING IN COMMUNITIES IN WHICH LOW CONCENTRATIONS OF AFFORDABLE HOUSING 23 EXIST. 24 (2)(a)I N ORDER TO RECEIVE FINANCIAL ASSISTANCE UNDER THIS ARTICLE, OR FOR AFFORDABLE 25 HOUSING PROJECTS WITHIN A MUNICIPALITY, A CITY AND COUNTY, OR THE UNINCORPORATED AREA OF 26 A COUNTY TO BE ELIGIBLE FOR FUNDING, THE LOCAL GOVERNMENT, OTHER THAN A LOCAL 27 AFFORDABLE HOUSING AUTHORITY, MUST ESTABLISH PROCESSES TO ENABLE IT TO PROVIDE A FINAL 28 DECISION ON ANY APPLICATION FOR A SPECIAL PERMIT, VARIANCE, OR OTHER DEVELOPMENT PERMIT, 29 EXCLUDING SUBDIVISIONS, OF A DEVELOPMENT PROJECT FOR WHICH FIFTY PERCENT OR MORE OF 30 THE RESIDENTIAL UNITS IN THE DEVELOPMENT CONSTITUTE AFFORDABLE HOUSING NOT MORE THAN 31 NINETY CALENDAR DAYS AFTER SUBMISSION OF A COMPLETE APPLICATION, REFERRED TO HEREIN AS 32 A“FAST-TRACK APPROVAL PROCESS.” 33 (b)A LOCAL GOVERNMENT’S FAST-TRACK APPROVAL PROCESS MAY INCLUDE AN OPTION TO EXTEND 34 THE REVIEW PERIOD FOR AN ADDITIONAL NINETY DAYS AT THE REQUEST OF A DEVELOPER, FOR 35 COMPLIANCE WITH STATE LAW OR COURT ORDER, OR FOR A REVIEW PERIOD REQUIRED BY ANOTHER 36 LOCAL GOVERNMENT OR AGENCY, WITHIN THE LOCAL GOVERNMENT OR OUTSIDE, FOR ANY 37 COMPONENT OF THE APPLICATION REQUIRING THAT GOVERNMENT’S OR AGENCY’S APPROVAL. 38 (c)A LOCAL GOVERNMENT’S FAST-TRACK APPROVAL PROCESS MAY INCLUDE EXTENSIONS TO ALLOW 39 FOR THE SUBMISSION OF ADDITIONAL INFORMATION OR REVISIONS TO AN APPLICATION IN RESPONSE 40 TO REQUESTS FROM THE LOCAL GOVERNMENT.S UCH EXTENSIONS SHALL NOT EXCEED THE AMOUNT 41 OF TIME FROM THEREQUEST TO THE SUBMISSION OF THE APPLICANT’S RESPONSE PLUS THIRTY DAYS. 42 A PPLICANTS SHALL PROVIDE SUCH ADDITIONAL INFORMATION OR RESPONSES PROMPTLY AND SHALL, 8 51 1 WHENEVER PRACTICABLE, PROVIDE A RESPONSE WITHIN FIVE BUSINESS DAYS. 2(d)N OTHING IN THIS SUBSECTION (2) SHALL BE INTERPRETED AS REQUIRING AN AFFORDABLE 3 HOUSING DEVELOPER TO UTILIZE A FAST-TRACK APPROVAL PROCESS. 4(3) (a) B EGINNING IN 2027, TO BE ELIGIBLE UNDER THIS ARTICLE FOR DIRECT FUNDING, OR FOR 5 AFFORDABLE HOUSING PROJECTS WITHIN A LOCAL GOVERNMENT’S TERRITORIAL BOUNDARIES TO BE 6 ELIGIBLE FOR FUNDING, LOCAL GOVERNMENTS, OTHER THAN LOCAL HOUSING AUTHORITIES, MUST 7 SATISFY BOTH THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION TO COMMIT TO AND ACHIEVE 8 ANNUAL INCREASES IN THE NUMBER OF AFFORDABLE HOUSING UNITS WITHIN THEIR TERRITORIAL 9 BOUNDARIES, AND THE REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION TO IMPLEMENT A 10 SYSTEM TO EXPEDITE THE DEVELOPMENT APPROVAL PROCESS FOR AFFORDABLE HOUSING 11 PROJECTS. 12 (b)(I) I F A LOCAL GOVERNMENT MAKES AND FILES WITH THE DIVISION THE COMMITMENT REQUIRED BY 13 SUBSECTION (1) OF THIS SECTION BY N OVEMBER 1,2023, IT SHALL BE DEEMED TO HAVE SATISFIED 14 THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION THROUGH D ECEMBER 31,2026. 15 (II) I F A LOCAL GOVERNMENT MAKES AND FILES WITH THE DIVISION THE COMMITMENT REQUIRED BY 16 SUBSECTION (1) OF THIS SECTION BY N OVEMBER 1,2026, OR BY N OVEMBER 1 ST OF A SUBSEQUENT 17 YEAR IN WHICH THE BASELINE RESETS, AND IT MET ITS COMMITMENT TO INCREASE AFFORDABLE 18 HOUSING MADE UNDER SUBSECTION (1) OF THIS SECTION FOR THE PREVIOUS THREE-YEAR CYCLE, IT 19 SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION 20 THROUGH THE END OF THE CURRENT THREE-YEAR CYCLE. 21 (III) I F A LOCAL GOVERNMENT, OTHER THAN A LOCAL HOUSING AUTHORITY, FAILS TO MAKE AND FILE 22 WITH THE DIVISION THE COMMITMENT REQUIRED BY SUBSECTION (1) OF THIS SECTION BY N OVEMBER 23 1,2023, OR BY N OVEMBER 1 ST OF A SUBSEQUENT YEAR IN WHICH THE BASELINE RESETS, IT SHALL 24 BE INELIGIBLE TO RECEIVE FINANCIAL ASSISTANCE FROM THE DIVISION OR ADMINISTRATOR DURING 25 THE FOLLOWING CALENDAR YEAR. 26 (IV) I F A LOCAL GOVERNMENT FAILS TO MEET ITS COMMITMENT TO INCREASE AFFORDABLE HOUSING 27 MADE AND FILED PURSUANT TO SUBSECTION (1) OF THIS SECTION FOR ANY THREE-YEAR CYCLE, IT 28 SHALL BE INELIGIBLE TO RECEIVE FINANCIAL ASSISTANCE FROM THE DIVISION OR ADMINISTRATOR 29 DURING THE FIRST CALENDAR YEAR OF THE NEXT THREE-YEAR CYCLE. 30 (V) A N INELIGIBLE LOCAL GOVERNMENT MAY APPLY FOR A SUBSEQUENT YEAR WITH A NEW 31 COMMITMENT UNDER SUBSECTION (1) OF THIS SECTION FOR THE BALANCE OF THE THEN-CURRENT 32 THREE-YEAR CYCLE. 33 (VI)A DEVELOPER, WHETHER FOR-PROFIT OR NONPROFIT, OR A LOCAL GOVERNMENT DEVELOPING 34 AN AFFORDABLE HOUSING PROJECT WITHIN THE TERRITORIAL BOUNDARIES OF A LOCAL GOVERNMENT 35 THAT FAILS TO MEET THE REQUIREMENTS OF SUBSECTION (1) OR (2) OF THIS SECTION SHALL BE 36 INELIGIBLE TO RECEIVE FINANCIAL ASSISTANCE FROM THE DIVISION OR ADMINISTRATOR. 37 N OTWITHSTANDING THISRESTRICTION, A PROJECT WITHIN THE TERRITORIAL BOUNDARIES OF AN 38 ELIGIBLE MUNICIPALITY SHALL BE ELIGIBLE FOR FUNDING EVEN IF THE COUNTY IN WHICH THE PROJECT 39 IS LOCATED IS INELIGIBLE. 40 (VII) I NELIGIBLE LOCAL GOVERNMENTS AND DEVELOPERS OF PROJECTS IN INELIGIBLE LOCAL 9 52 1 GOVERNMENT JURISDICTIONS SHALL NOT BE REQUIRED TO PAY BACK TO THE DIVISION OR THE 2 ADMINISTRATOR MONEY PAID TO THEM UNDER THIS ARTICLE PRIOR TO INELIGIBILITY. 3(d) T HE DIVISION SHALL BE RESPONSIBLE FOR DETERMINING COMPLIANCE WITH THIS SECTION. FOR 4 THE PURPOSE OF CALCULATING WHETHER A LOCAL GOVERNMENT HAS MET THE REQUIREMENTS OF 5 SUBSECTION (1) OF THIS SECTION, A NEW RESIDENTIAL HOUSING UNIT IS TO BE COUNTED AT THE TIME 6 IT IS PERMITTED RATHER THAN THE TIME IT IS CONSTRUCTED.A N EXISTING HOUSING UNIT NEWLY 7 QUALIFYING AS AFFORDABLE HOUSING IS TO BE COUNTED AT THE TIME IT IS PERMITTED AND FULLY 8 FUNDED RATHER THAN AT THE TIME THE CONVERSION IS COMPLETED.F OR THE PURPOSE OF 9 CALCULATING WHETHER A LOCAL GOVERNMENT HAS MET THE REQUIREMENTS OF SUBSECTION (1) OF 10 THIS SECTION, IN ADDITION TO AFFORDABLE HOUSING GROWTH ACHIEVED THROUGH THE PROGRAMS 11 IN THIS ARTICLE, ANY NEW DEED RESTRICTED AFFORDABLE HOUSING, NEWLY CONSTRUCTED OR 12 CONVERTED TO AFFORDABLE, WITHIN A LOCAL GOVERNMENT’S TERRITORIAL BOUNDARIES SHALL BE 13 COUNTED TOWARD THE LOCAL GOVERNMENT’S GROWTH REQUIREMENT.A FFORDABLE HOUSING 14 GROWTH IN ANOTHER JURISDICTION RESULTING DIRECTLY FROM A LOCAL GOVERNMENT’S FUNDING 15 OF SUCH AFFORDABLE HOUSING IN COOPERATION WITH ANOTHER LOCAL GOVERNMENT SHALL BE 16 ATTRIBUTED TO A LOCAL GOVERNMENT IN PROPORTION TO THE FUNDING PROVIDED BY THE LOCAL 17 GOVERNMENT TO SUCH HOUSING. 18 29-32-106. Maintenance of effort. F OR ANY STATE FISCAL YEAR IN WHICH MONEY IS 19 APPROPRIATED FROM THE FUND IN ACCORDANCE WITH THE REQUIREMENTS OF THIS ARTICLE, ANY 20 SUCH MONEY APPROPRIATED MUST SUPPLEMENT AND SHALL NOT SUPPLANT THE LEVEL OF GENERAL 21 FUND AND CASH FUND APPROPRIATIONS FOR AFFORDABLE HOUSING PROGRAMS AS OF STATE FISCAL 22 YEAR 2022-23. 10 53 54 DRAFT LETTER TO THE EDITOR The Vail Local Housing Authority advocates for affordable housing initiatives and works to ensure there is Vail-based deed-restricted housing for at least 30 percent of Vail’s workforce. To that end, and with your mail-in ballots now sitting on your kitchen counterand ready to be filled out, we support and urge ‘yes’ votes on the following three initiatives that will be instrumental to delivering on housing solutions: First, last November, Town of Vail voters approved a 0.5 percent sales tax increase for housing initiatives that would not exceed $4.5 million in its first year of collections.Sales tax collections are significantly higher than what was estimated in 2021 because of the unforeseen increases in economic activity during this past winter ski season as well asinflationary price increases. Current forecasts project the new half-cent sales tax collections to total $5.3 million in 2022. The VLHA feels this is a good problem to have to help us continue to be a leader in addressing the ongoing housing crisis. 2I is on the ballot because Colorado’s Taxpayer Bill of Rights (TABOR) prohibits first-year-only collections of any new tax to exceed the amount stated in the original ballot language. Second, Colorado Proposition 123is a statewide initiative aimed at making a serious dent in the housing crisis by creating an annual $300 million funding source with existingstateincome tax revenue–no new taxes would be levied. Local government, like the Town of Vail, would be able to determinehow they would want to spend what they’ve been allocatedif Prop. 123 passes. And, our support also goes to the formation of the Eagle ValleyRegional Transportation Authorityand a half-cent sales tax increase. While the Town of Vail has a world-class transit system, it is critically important that we coordinate and connect better among our small businesses and where our workforce is livingby way of enhancedtransit throughout the Eagle River Valley. Improved transit will also help us achieve our sustainability goals by getting more of us and our guests out of our carsand onto more efficient bus service. The RTA formation question will be on the ballots for not only Vail voters but Eagle County, Minturn, Avon, Eagle, Gypsum, Red Cliff and Beaver Creek Metropolitan District. Thank you for considering YES votes for housing and transit. VLHA Members: Steve Lindstrom Dan Godec Kristin Kenney Williams James Wilkins Craig Denton 55 RESOLUTION NO.5 SERIES 2022 A RESOLUTION IN SUPPORT OF TOWN OF VAIL BALLOT ISSUES2H, 2I, ANDCOLORADO PROPOSITION 123 WHEREAS,creating more community housing is the mission of the Vail Local Housing Authority (the “VLHA”) in order to preserve and sustain Vail’svision to be the premier international mountain resort community; WHEREAS, the VLHA continues to be leaders in the development of community housing by prioritizing the goals adopted in the Vail Housing 2027 Plan and implementing the various housing initiatives, policies and administration of the Vail InDeed Program; WHEREAS, the VLHAsupportscommunity housing solutions by ensuring dedicated funding sources are available for the initiatives and programsto increase the supply of deed-restricted homes for year-round and seasonal residents;and WHEREAS, the VLHA finds that improved regionaltransportation solutions benefit the creation and supportsthe development of community housing throughout the Eagle Valley region. NOW THEREFORE, BE IT RESOLVED BY THE VAILLOCAL HOUSING AUTHORITY Section 1.The Vail Local Housing Authorityurges Vail voters to vote in the upcoming November 8, 2022 General Coordinated Election and encourages voters to support Ballot Issue 2I, the creation of a regional transit authority, and Colorado Proposition 123at the upcoming November 8, 2022 General Coordinated Election by voting YES. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Vail Local TH Housing Authority heldthis 25DAY OF OCTOBER,2022. ______________________________ Steve Lindstrom, Chair, VLHA ATTEST: ____________________________ Martha Anderson, VLHA, Secretary | 56