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Bill Summary for Bill Number SB17-086 Date: 02/06/2017
Location: SCR 357
Final
BILL SUMMARY for SB17-086

SENATE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment D) to SB 17-086.
Adopt amendment L.002 (Attachment E) to SB 17-086.
Postpone Senate Bill 17-086 indefinitely using a r
Refer Senate Bill 17-086, as amended, to the Commi
Pass Without Objection
Pass Without Objection
PASS
FAIL



02:00 PM -- SB17-086

Senator Fenberg, sponsor, presented Senate Bill 17-086 to the committee. Under current law, local governments are prohibited from enacting any ordinance or resolution that would control rent on any private residential property or housing unit. The bill clarifies that this prohibition does not include ordinances or resolutions that require inclusionary housing or inclusionary zoning as a condition of obtaining approval for a development project.

The bill defines inclusionary housing or inclusionary zoning as a program that requires the provision of residential units affordable to and occupied by owners or tenants whose income does not exceed a limit that is established by the ordinance or resolution. These programs may include:

• requiring property owner or developer to set aside a percentage of units that are affordable to households with certain incomes;
• offering incentives to property owners or developers for setting affordable rents;
• providing alternate options for a property owner or developer, such as cash-in-lieu of affordable units or dedicating land to the local government;
• targeting a specific income range to benefit from inclusionary programs; and
• specifying the time period that housing must stay affordable.

The bill applies to ordinances or resolutions enacted on or after July 1, 2017.

Senator Fenberg provided a fact sheet on the bill (Attachment C) and discussed the bill.

17SenateState0206AttachC.pdf17SenateState0206AttachC.pdf

02:09 PM --
Teo Nicolais, representing the Apartment Association of Metro Denver, testified against the bill.

02:15 PM --
Andrew Schwartz, representing the Colorado Apartment Association, testified against the bill.

02:19 PM --
Claire Levy, representing the Colorado Center on Law and Policy, testified in support of the bill.

02:23 PM --
Mike Marsh, representing himself, testified in support of the bill.

02:27 PM --
Lisa Spalding, representing herself, testified in support of the bill.

02:30 PM --
John Dugene, representing himself, testified in support of the bill.

02:33 PM --
Maureen Walch, representing herself, testified in support of the bill.

02:36 PM --
Michelle Allen, representing herself, testified in support of the bill.


02:38 PM

Senator Fenberg discussed Amendment L.001 (Attachment D).

17SenateState0206AttachD.pdf17SenateState0206AttachD.pdf
BILL: SB17-086
TIME: 02:40:25 PM
MOVED: Fenberg
MOTION: Adopt amendment L.001 (Attachment D) to SB 17-086. The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Marble
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:40 PM

Senator Fenberg discussed Amendment L.002 (Attachment E).

17SenateState0206AttachE.pdf17SenateState0206AttachE.pdf
BILL: SB17-086
TIME: 02:41:08 PM
MOVED: Fenberg
MOTION: Adopt amendment L.002 (Attachment E) to SB 17-086. The motion passed without objection.
SECONDED:
VOTE
Court
Fenberg
Sonnenberg
Marble
Scott
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


02:41 PM

Senator Fenberg wrapped up his presentation of the bill.
BILL: SB17-086
TIME: 02:44:19 PM
MOVED: Fenberg
MOTION: Refer Senate Bill 17-086, as amended, to the Committee of the Whole. The motion failed on a vote of 2-3.
SECONDED:
VOTE
Court
Yes
Fenberg
Yes
Sonnenberg
No
Marble
No
Scott
No
YES: 2 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL: SB17-086
TIME: 02:44:36 PM
MOVED: Marble
MOTION: Postpone Senate Bill 17-086 indefinitely using a reversal of the previous roll call. There was no objection to the use of the reverse roll call, therefore, the bill was postponed indefinitely. The motion passed on a vote of 3-2.
SECONDED:
VOTE
Court
No
Fenberg
No
Sonnenberg
Yes
Marble
Yes
Scott
Yes
Final YES: 3 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS



02:46 PM

The committee adjourned.