Colo. Rev. Stat. § 24-32-131, Best practices in policing study

(1) (a) The division of local government shall contract with a nationally recognized research and consulting entity that is an expert in data-driven, evidence-based policing that is community-focused for an independent study to assess and provide a report and findings on evidenced-based policing national best practices in defined areas of study. The consulting entity shall complete an interim study no later than December 30, 2021, and the final study no later than July 1, 2022. The study shall determine evidence-based best practices in the following areas to promote greater policing fairness, equity, and effectiveness:

(I) Use of force strategies, standards, and training that value the sanctity of human life, promote de-escalation tactics, provide clarity for officers, protect communities, and minimize harm to offenders;

(II) Crime and community harm reduction strategies that include problem analysis of high-risk people and places, considering racial and ethnic bias in policing with a focus on prevention while improving safety and police-community interactions;

(III) Initiatives to safely increase community response for lower-level offenses and calls for service;

(IV) Strategies to effectively move law enforcement and the community forward together by building a shared understanding and identifying common solutions to better protect our vulnerable and underrepresented communities, in addition to those suffering from mental illness or experiencing homelessness through non-traditional policing methodologies;

(V) Methods to enhance officer receptivity to engage in evidence-based policing practices that involve harm reduction and reduce reliance on traditional justice system resources and processes;

(VI) Innovative approaches to officer mental health, recruitment, and retention to address trauma and ensure officer preparedness for community engagement; and

(VII) Analysis of recruitment and qualification standards for entry-level police officer positions to attract candidate pools with diverse perspectives and ongoing training and qualification requirements to enhance officers' willingness to engage in justice strategies embracing community collaboration while also decreasing and identifying signs of problematic behaviors.

(b) The consulting entity may consult with and seek input from:

(I) National organizations of social and civil justice;

(II) Colorado district attorneys and the Colorado district attorneys' council;

(III) A statewide organization representing municipalities;

(IV) A statewide organization representing counties;

(V) National organizations representing law enforcement;

(VI) National organizations representing local governments; and

(VII) Any other entities or organizations the consulting entity determines are necessary.

(c) (I) The division shall relay any refined scope of work to the consulting entity and the recommended research entities from the advisory committee as described in subsection (2) of this section.

(II) The division shall develop a request for proposal to contract with the consulting entity, award the contract for the study described in subsection (1)(a) of this section, and oversee the fulfillment of the contract terms. The division shall award the contract no later than thirty days after the final appointment to the advisory committee.

(III) The division shall provide the consulting entity's interim and final study findings to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees.

(2) (a) The division shall convene an advisory committee for the study. The advisory committee shall consist of:

(I) The following members appointed by the president of the senate:

(A) A representative from a non-profit that is an advocate for policing reform and civil liberties;

(B) A representative from a community-based criminal justice organization;

(D) A representative who advocates for juvenile justice; and

(E) One member of the senate;

(II) The following representatives appointed by the speaker of the house of representatives:

(A) A representative of the county sheriffs recommended by the director of a statewide organization representing sheriffs;

(B) A representative of the chiefs of police recommended by the president of a statewide organization representing the chiefs of police;

(C) A representative of police officers recommended by the president of a statewide organization representing police officers; and

(D) A member of the house of representatives;

(III) The executive director of the department of public safety, or his or her designee;

(IV) One member of the senate appointed by the senate minority leader; and

(V) One member of the house of representatives by the house minority leader.

(b) The appointing authorities shall appoint the members of the advisory committee no later than ten days after July 6, 2021.

(c) The advisory committee shall submit to the division the names of three research or study organizations well versed in data-driven policing that they recommend be requested to submit proposals to conduct the study no later than ten days after the final appointment to the advisory committee.

(d) The advisory committee may refine the scope of the work of the study if necessary. The consulting authority shall provide periodic updates from the study organization over the course of the study on the progress and interim findings. The advisory committee may respond to the periodic updates as requested by the consulting authority.

(e) Once the interim study and final study is completed, the consulting entity shall provide the division with its findings. The division shall provide the advisory committee with the interim and final study findings. The advisory committee shall review the findings and determine whether to recommend legislative action, make internal policy recommendations to law enforcement entities, and any other actions it deems appropriate.

Source: L. 2021: Entire section added, (HB 21-1250), ch. 458, p. 3071, � 22, effective July 6.

24-32-132. Small community-based nonprofit infrastructure grant program - creation - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that:

(a) Throughout the course of the COVID-19 public health emergency, small community-based nonprofit organizations have played a crucial role in referring individuals to or delivering needed, relevant, and culturally appropriate resources and services to families and communities that have been disproportionately impacted by the ongoing pandemic;

(b) Governmental entities and small community-based nonprofit organizations are natural partners, as they serve the same constituents in the same communities. Small community-based nonprofit organizations have close relationships with and high levels of trust among the communities they serve and are ideally positioned to maximize public benefits, particularly among communities that have historically been underrepresented, underserved, or underresourced in Colorado.

(c) In addition, small community-based nonprofit organizations are able to refer individuals to or fill the gaps in government programs due to their local presence and strong connections to the communities they serve. Communities disproportionately impacted by the pandemic have relied on small community-based nonprofit organizations to identify and generate community-led solutions to their specific needs.

(d) Many small community-based nonprofit organizations were founded and are operated by people whose lived experiences in the communities they serve led to the creation of the organization. This gives these nonprofit organizations a unique understanding of the best ways to provide the needed services and solutions in their communities.

(e) In response to the COVID-19 public health emergency, small community-based nonprofit organizations have had to restructure to operate remotely, work extended hours, provide more services to a greater segment of the population, collect data for impact and outcomes, catalog increased needs, create culturally responsive solutions to longstanding problems that were exacerbated by the pandemic, and pivot from prior routines or practices to reduce the economic and emotional toll on disproportionately impacted communities as a result of the COVID-19 public health emergency;

(f) Small community-based nonprofit organizations serve communities that are still suffering from the lingering impacts of the pandemic and have the knowledge, experience, and relationships necessary to address the ongoing negative impacts of the COVID-19 public health emergency in their communities;

(g) The primary obstacle that small community-based nonprofit organizations face in providing the needed services and solutions to their communities is a lack of financial resources for capacity-building, such as updating technology infrastructure, increasing strategic planning, providing professional development for staff and nonprofit boards, adapting fund-raising efforts, and strengthening communications;

(h) While the impacts and disproportional impacts of the COVID-19 public health emergency on the communities that small community-based nonprofit organizations serve are clear, many of these organizations as entities have themselves experienced the negative financial impacts of the COVID-19 public health emergency due to decreased revenue, increased costs, and the new and increased needs of the communities they serve;

(i) In addition, many small community-based nonprofit organizations provide services in qualified census tracts, which is defined by the United States treasury as any census tract that is designated by the secretary of housing and urban development and, for the most recent year for which census data are available on household income in such tract, either in which fifty percent or more of the households have an income that is less than sixty percent of the area median gross income for such year or that has a poverty rate of at least twenty-five percent. These nonprofit organizations are presumed by the United States treasury to be disproportionately impacted by the COVID-19 public health emergency.

(j) Providing assistance in the form of grants to nonprofit organizations that have been impacted or disproportionately impacted by the COVID-19 public health emergency is an allowable use of the money received by the state under the federal American Rescue Plan Act of 2021, Pub.L. 117-2;

(k) Providing grants to small community-based nonprofit organizations for infrastructure funding will help mitigate the financial hardships of the COVID-19 public health emergency experienced by so many small community-based nonprofit organizations;

(l) These grants are designed to respond to the harm experienced by small community-based nonprofit organizations and are reasonably proportional to that harm; and

(m) The grant program described in this section is an important government service.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) Eligible recipient means a small community-based nonprofit organization that satisfies the eligibility criteria specified in subsection (5) of this section.

(b) Fiscal agent means a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, that:

(I) Has an arrangement with a small community-based nonprofit organization that may or may not have its own tax-exempt status to perform the following functions on behalf of the organization:

(A) Receive grants, contributions, and other money on behalf of the small community-based nonprofit organization;

(B) Ensure that the money of the small community-based nonprofit organization is spent on the intended charitable purposes of the organization without retaining any control over how the money is spent;

(D) Ensure that the small community-based nonprofit organization's money is used in a manner that furthers the fiscal agent's own charitable work;

(II) Performs the functions specified in subsection (2)(b)(I) of this section for an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based nonprofit organization received with the assistance of the fiscal agent.

(c) Fiscal sponsor means a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, that:

(I) Has an arrangement with multiple small community-based groups that are not registered nonprofit organizations to perform the following functions on behalf of the small community-based groups:

(A) Receive grants, contributions, and other money on behalf of each of the small community-based groups;

(B) Ensure that the money of each small community-based group is spent on the intended charitable purpose of the group;

(D) Supervise each small community-based group's finances;

(E) Ensure that each small community-based group's money is used in a manner that furthers the fiscal sponsor's own charitable work; and

(F) Provide financial and project guidance to each small community-based group;

(II) Performs the functions specified in subsection (2)(c)(I) of this section for an administrative fee that does not exceed ten percent of the total amount of any grant, contribution, or other money that the small community-based group received with the assistance of the fiscal sponsor.

(d) Grant program means the small community-based nonprofit infrastructure grant program created in subsection (3) of this section.

(e) Regional access partner means a nonprofit organization headquartered in Colorado that has experience in grant management, that has the ability to distribute grants statewide or in regions of the state, and that:

(I) Has a track record of providing technical assistance and grants to small community-based nonprofit organizations;

(II) States a specific focus on historically marginalized and under-resourced communities or focuses at least fifty-one percent of its programming on engaging and supporting historically marginalized and under-resourced communities; and

(III) Has a board of directors or staff consisting of at least thirty percent who are individuals from historically marginalized and under-resourced communities.

(f) Small community-based nonprofit organization means a small community-based charitable or social welfare organization that has been impacted or disproportionately impacted by the COVID-19 public health emergency and that:

(I) Has organizational leadership whose lived experiences in the communities they serve lead to the creation, mission, and work of the nonprofit organization;

(II) Has an annual organizational budget or projected annual organizational budget of at least one hundred fifty thousand dollars and not more than two million dollars; and

(III) Is one of the following:

(A) A tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended;

(B) A tax-exempt charitable or social welfare organization that does not operate under section 501 (c)(3) of the federalInternal Revenue Code of 1986, as amended, and that is working with a fiscal agent; or

(C) A collaboration of small community-based groups that do not operate as nonprofit organizations and that are working with a fiscal sponsor.

(3) Small community-based nonprofit infrastructure grant program creation. (a) There is hereby created in the division the small community-based nonprofit infrastructure grant program to provide grants to eligible recipients for infrastructure and capacity building.

(b) The division shall administer the grant program as specified in subsection (4) of this section and shall contract with up to ten regional access partners to award and monitor grants as provided in this section, subject to available appropriations. A nonprofit organization must apply to the division, in a form and manner to be determined by the division, to serve as a regional access partner. Grants shall be paid from the money appropriated to the division for the grant program as provided in subsection (8) of this section. The division shall allocate the money appropriated for the grant program to the selected regional access partners for distribution to grant recipients pursuant to this section.

(4) Grant program administration. (a) The division shall engage with nonprofit organization stakeholders that have experience working with small community-based nonprofit organizations and satisfy the criteria to serve as regional access partners to develop policies and procedures to administer the grant program. At a minimum, the policies must specify:

(I) The time frames for applying, awarding, and disbursing grants;

(II) The form of the grant application; and

(III) The rubric to be used to evaluate grant applications.

(b) In developing the grant application pursuant to subsection (4)(a) of this section, the division shall ensure that each eligible recipient is required to include in its application evidence that the eligible recipient was impacted or disproportionately impacted by the COVID-19 public health emergency. Such evidence may include and need not be limited to:

(I) The percentage by which the eligible recipient's total operating expenses over program expenses has decreased since the beginning of the COVID-19 public health emergency;

(II) Evidence that the eligible recipient had to lay off staff during the COVID-19 public health emergency;

(III) Evidence that the eligible recipient had to close for a period during the COVID-19 public health emergency; or

(IV) Evidence that the eligible recipient had to access its financial reserves to pay for operating costs during the COVID-19 public health emergency.

(c) The division shall develop and implement an outreach strategy for potential eligible recipients that includes partnerships and funding for nonprofit organizations with direct community experience to partner with the division on outreach regarding the grant program. The division shall ensure that any information and materials in connection with the outreach strategy are available in at least English and Spanish.

(5) Grant recipient eligibility criteria. (a) To be an eligible recipient for a grant pursuant to this section, an organization shall be a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(b) of this section, a small community-based nonprofit organization that satisfies the criteria specified in subsection (5)(c) of this section, or a collaboration of multiple small community-based groups that satisfy the criteria specified in subsection (5)(d) of this section.

(b) A small community-based nonprofit organization that is a tax-exempt charitable or social welfare organization operating under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, is an eligible recipient if the organization:

(I) Has a track record of providing effective, culturally appropriate, and relevant programs and services to communities who have historically been underrepresented, underserved, or underresourced in Colorado;

(II) Has a governing body and staff that consists of a majority of residents who live in the communities served by the small community-based nonprofit organization;

(III) Has a mission or history of providing services in specific communities in the state and has its main offices in one of the communities that the small community-based nonprofit organization serves;

(IV) Identifies and defines priority issue areas with input from residents of the community;

(V) Focuses the services it provides to specific areas of community-identified needs, including health equity, workforce development, community economic development, early childhood care, education support, housing, and food justice, and has the commitment to connect the communities that it serves with government agencies and programs, if available;

(VI) Solicits and implements community-led solutions from the community it serves; and

(VII) Is in good standing with the Colorado secretary of state.

(c) A small community-based nonprofit organization that is a registered nonprofit organization but that does not operate under section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended, is an eligible recipient if:

(I) The small community-based nonprofit organization satisfies all of the criteria specified in subsections (5)(b)(I) through (5)(b)(VII) of this section; and

(II) The small community-based nonprofit organization works with a fiscal agent.

(d) A collaboration of multiple small community-based groups that are not registered nonprofit organizations are eligible recipients if:

(I) Each small community-based group in the collaboration satisfies all of the criteria specified in subsection (5)(b)(I) through (5)(b)(VI) of this section;

(II) The collaboration of multiple small community-based groups works with a fiscal sponsor; and

(III) The fiscal sponsor satisfies all of the criteria specified in subsections (5)(b)(I) through (5)(b)(VII) of this section and is a small community-based nonprofit organization; except that the annual budget requirement specified in subsection (2)(f)(II) of this section does not apply to the fiscal sponsor.

(6) Purposes for which grant program money may be used. (a) Eligible recipients may use the money received through the grant program for the following infrastructure and capacity building purposes:

(I) Data technology needs including data collection and technology infrastructure;

(II) Professional development for staff and board members;

(III) Strategic planning and organizational development for capacity building, fundraising, and other services;

(IV) Communications; and

(V) Existing program expansion, development, or evaluation.

(b) Eligible recipients shall not use the money received through the grant program for the following purposes:

(I) Capital improvements. For purposes of this section, capital improvement does not include information technology infrastructure;

(II) Real estate or land acquisition;

(III) Payment of debt;

(IV) Advocacy or lobbying;

(V) Organizing; or

(VI) Endowments or reserves.

(7) Grant applications and awards. (a) To receive a grant, an eligible recipient must submit an application to a regional access partner in accordance with the policies and procedures developed by the division. The application must include any criteria or information determined by the division.

(b) In awarding grants pursuant to this section, a regional access partner shall ensure that:

(I) The maximum grant award to an eligible recipient does not exceed one hundred thousand dollars. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the maximum grant award to each individual small community-based group does not exceed one hundred thousand dollars.

(II) An eligible recipient's grant award does not exceed thirty percent of the recipient's annual operating budget. If an eligible recipient is a collaboration of multiple small community-based groups, the division shall ensure that the grant award to an individual small community-based group does not exceed thirty percent of that individual small community-based group's annual operating budget.

(c) Subject to available appropriations, the regional access partner must award grants for the purposes specified in this section in accordance with section 24-75-226 (4)(d).

(d) Upon a regional access partner awarding a grant to an eligible recipient pursuant to this section, the regional access partner and the eligible recipient shall enter into a contract in connection with the grant award. The regional access partner may dispense up to fifty percent of the total value of the payments under the contract to the eligible recipient immediately upon the execution of the contract.

(e) An eligible recipient that receives a grant pursuant to this section shall expend all grant money by December 30, 2026.

(8) Source of grant money. (a) For the 2022-23 state fiscal year, the general assembly shall appropriate thirty-five million dollars from the economic recovery and relief cash fund created in section 24-75-228 (2)(a) to the division to award grants to eligible recipients for the purposes of the grant program. Any money appropriated in the 2022-23 state fiscal year that is not encumbered or expended at the end of that state fiscal year remains available for expenditure by the division in subsequent state fiscal years without further appropriation, subject to the requirements for obligating and expending money received under the federal American Rescue Plan Act of 2021, Pub.L. 117-2, as specified in section 24-75-226 (4)(d).

(b) (I) The division may use up to five percent of the amount appropriated pursuant to this section for costs associated with implementing and administering the grant program.

(II) Each regional access partner selected by the division to award and monitor grants pursuant to subsection (3)(b) of this section may use up to five percent of the amount awarded to recipients for costs associated with awarding and monitoring the grants.

(9) Reporting requirement. The division and any person that receives money from the division, including a regional access partner, shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(10) Repeal. This section is repealed, effective July 1, 2027.

Source: L. 2022: Entire section added, (HB 22-1356), ch. 351, p. 2501, � 1, effective June 3; (7)(c) amended, (HB 22-1411), ch. 271, p. 1959, � 12, effective June 3.

24-32-133. Infrastructure and strong communities grant program - creation - fund - reporting - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) Affordable housing means:

(I) For a household residing in housing on a rental basis, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located;

(II) For a household residing in housing on a home ownership basis, annual income of the household at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; or

(III) For a household residing in housing on a home ownership basis in rural resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.

(b) Department means the department of local affairs.

(d) Eligible local government means a municipality or a county.

(e) Fund means the infrastructure and strong communities grant program fund created in subsection (5) of this section.

(f) Grant program means the infrastructure and strong communities grant program created in subsection (3)(a) of this section.

(g) Infill development means the development of unused and underutilized land within existing development patterns, typically but not exclusively in urban areas.

(h) Local government means a county, municipality, or a city and county.

(i) Multi-agency group means the division, the Colorado energy office created in section 24-38.5-101 (1), and the department of transportation created in section 43-1-103 (1).

(j) Sustainable development pattern means a development pattern that may be extended in a cost-effective way that mitigates harm and minimizes the need for additional resources to maintain the development over time.

(k) Transit-oriented development means a development that is within walking distance of a transit or other alternative transportation facility.

(2) Multi-agency group - best practices. (a) The multi-agency group shall encourage the involvement of local governments across the state in the grant program. The multi-agency group, with the assistance of stakeholders, shall develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award.

(b) The sustainable land use best practices referenced in subsection (2)(a) of this section will address one or more of the following, without limitation:

(I) Enabling accessory development units or the use of multiplexes by right in residential zones;

(II) Zoning for mixed-use higher density development in downtown areas of municipalities and around transit stations;

(III) Annexation policies;

(IV) Intergovernmental agreements that coordinate future development;

(V) Reduced parking requirements;

(VI) Relaxed occupancy rules;

(VII) Budgeting policies;

(VIII) Water rate structures;

(IX) Road standards;

(X) Hazard risk reduction and mitigation standards;

(XI) Energy efficient building codes;

(XII) Zoning for innovative housing options, including but not limited to modular, manufactured, and prefabricated homes;

(XIII) The use of vacant publicly owned real property within the local government for the development of affordable housing;

(XIV) Planned unit developments with integrated affordable housing units;

(XV) The development of small square footage residential unit sizes; or

(XVI) Any other practice that is deemed innovative by a local government and approved by the multi-agency working group.

(c) The multi-agency group shall distribute the sustainable land use practices developed pursuant to subsection (2)(b) of this section to local governments so that local governments may analyze which, if any, of these practices might have a positive impact in their communities, and then determine how to customize these best practices and adopt them in their communities as appropriate.

(3) Grant program - criteria for awarding grants. (a) The infrastructure and strong communities grant program is hereby created within the division to provide grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing.

(b) The division shall administer the grant program, in consultation with the Colorado energy office, created in section 24-38.5-101 (1), and the department of transportation, created in section 43-1-103 (1), and, subject to available appropriations, award grants in accordance with the requirements of this section. Subject to available appropriations, grants must be paid out of the fund created in subsection (5) of this section.

(c) The division shall develop policies, procedures, and guidelines that establish the criteria that the division must consider in awarding grants pursuant to this section. At a minimum, the criteria must include the consideration of:

(I) The potential impact of a project that a local government would fund with a grant award in light of the goals of the grant program; and

(II) The sustainable land use practices that the local government has adopted to support greater infill housing supply, more affordable housing, and sustainable development patterns.

(4) Policies, procedures, and guidelines governing us of grant funds. (a) The division shall develop policies and procedures to determine how grants funded by the grant program may be used.

(b) At a minimum, the policies, procedures, and guidelines developed pursuant to subsection (4)(a) of this section must require that a grant award be used, at least in part, to fund infrastructure projects that increase the supply of affordable housing and that are within or adjacent to a downtown area, a core business district of a municipality, a transit-oriented development, or that include onsite early childhood care and education services.

(c) The division shall ensure flexibility is afforded rural counties to be able to seek grant funding that addresses local objectives that are compatible with the goals underlying the grant program.

(d) A portion of any grant award may be used for project delivery, planning, and community engagement.

(e) The general assembly hereby encourages grant recipients to expend a portion of any grant award, whenever possible, for funding accessibility improvements or amenities that make the site of the project age-friendly and accessible for persons with disabilities.

(f) (I) Not later than September 1, 2022, the division of housing, created in section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort, as those terms are used in this section, based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.

(II) Notwithstanding subsection (4)(f)(I) of this section, any county or municipality may request from the division of housing:

(A) A determination that a different income restriction should apply to that county or municipality from the one made applicable to the county or municipality in accordance with subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.

(B) At any time, a reclassification of the county or municipality from the category in which the county is initially classified pursuant to subsection (4)(f)(I) of this section based upon the unique economic and housing cost factors present in the county or municipality.

(5) Fund - administrative costs - permitted uses - gifts, grants, and donations. (a) The infrastructure and strong communities grant program fund is hereby created in the state treasury. The fund consists of any money transferred to the fund, any money that the general assembly may appropriate to the fund, and any gifts, grants, or donations that the division receives for the grant program pursuant to subsection (5)(f) of this section.

(b) The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. All money in the fund that is not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, remains in the fund and shall not be credited, transferred, or reverted to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the division for the purposes of this section.

(I) The costs of administering the grant program as may be incurred by the division. The department may expend up to six percent of the money appropriated or transferred to the fund to pay for its direct and indirect costs in connection with administering the uses of grant funding described in subsection (5)(c)(II) of this section.

(II) Making grants to eligible local governments pursuant to the grant program to assist such local governments in:

(A) Identifying sustainable land use best practices and supporting sustainable development patterns;

(B) Determining where and how best to upgrade local government infrastructure to support more efficient, sustainable development patterns that enable greater affordable infill housing development; and

(d) The Colorado energy office, created in section 24-38.5-101 (1), may use money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the Colorado energy office provides pursuant to section 24-32-133 (2).

(e) The department of transportation, created in section 43-1-103 (1), may use money in the fund for the direct and indirect costs of educational programming and technical assistance for local governments that the department of transportation provides pursuant to section 24-32-133 (2).

(f) The division may seek, accept, and expend gifts, grants, or donations from any public or private resource for the purposes of this section. The division shall transmit all money received from gifts, grants, or donations to the state treasurer who shall credit the money to the fund.

(6) Transfer of money to fund. On June 1, 2022, or as soon as practicable thereafter, the state treasurer shall transfer to the fund forty million dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from money the state received from the federal coronavirus state fiscal recovery fund.

(7) Reporting. (a) On or before October 1, 2023, and on or before October 1 of each year thereafter for the duration of the grant program, the department shall submit a summarized report on the grant program to the senate local government committee and the house of representatives local government committee, or any successor committees. At a minimum, the report must include:

(I) The number of additional affordable housing units and overall housing units projected to be created as a result of the grant program;

(II) The projected or estimated reduction in greenhouse gas emissions as a result of the grant program;

(III) The estimated reduction in vehicle miles traveled and household transportation savings as result of the grant program; and

(IV) The number and type of best practices adopted by eligible local governments that have received grant awards.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in subsection (7)(a) of this section continues until the grant program is repealed in accordance with subsection (8) of this section.

(c) The division and any person that receives money from the division pursuant to the grant program shall comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller in accordance with section 24-75-226 (5).

(8) Repeal. This section is repealed, effective December 31, 2026.

Source: L. 2022: Entire section added, (HB 22-1304), ch. 290, p. 2079, � 5, effective June 1.

Cross references: For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022.

24-32-134. Disaster resilience rebuilding program - fund - creation - policies - report - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Administrator means an entity or entities that the division contracts with pursuant to subsection (2)(b) of this section to administer the program.

(b) Declared disaster means a disaster emergency declared by the governor pursuant to section 24-33.5-704 (4) in or after 2018 that resulted in widespread or severe damage or loss of property or infrastructure as determined pursuant to policies adopted by the division pursuant to subsection (4) of this section.

(I) A person who owns or rents a home that is the person's primary residence, including an apartment or a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (5) of this section;

(II) A person who owns rental housing, including a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;

(III) A business that owns real or personal property that was affected by a declared disaster or experienced an interruption or loss of business due to a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;

(IV) A housing authority created pursuant to part 2 or part 5 of article 4 of title 29 or a low-income housing tax credit partnership that serves an area affected by a declared disaster;

(V) A Colorado nonprofit corporation that provides construction assistance to low-income households and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section; or

(VI) A governmental entity with jurisdiction in an area affected by a declared disaster.

(d) Fund means the disaster resilience rebuilding program fund created in subsection (7) of this section.

(e) Governmental entity means any authority, county, municipality, city and county, district, or other political subdivision of the state; any tribal government with jurisdiction in Colorado; and any institution, department, agency, or authority of any of the foregoing.

(f) Program means the disaster resilience rebuilding program created in subsection (2) of this section.

(2) (a) The division shall establish the disaster resilience rebuilding program as a loan and grant program in accordance with the requirements of this section and the policies established by the division. The program may provide loans and grants from the fund to eligible applicants seeking assistance as they rebuild their community after a declared disaster.

(b) The division may contract with or provide a grant to a governmental entity, housing authority, Colorado-based nonprofit organization, business nonprofit organization, bank, nondepository community development financial institution, or business development corporation or other entity as determined by the division to administer the program. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process pursuant to the state procurement code, articles 101 to 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the program. The division may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program.

(3) A contract with an administrator may require the administrator to repay all lending capital that is not committed to loans or grants under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (3) as grants or loans under the program or through another administrator.

(4) The division shall establish and publicize policies for the program. At a minimum, the policies must address:

(a) Coordination with the office of emergency management created in section 24-33.5-705 to prioritize the use of the disaster emergency fund created in section 34-33.5-706 for the allowable uses of loans and grants under the program that are not housing related;

(b) The process and any deadlines for applying for and receiving a loan or grant under the program, including the information and documentation required for the application;

(d) Maximum assistance levels for loans and grants;

(e) Loan terms, including interest rates and repayment terms;

(f) Any additional specifications or criteria for the uses of the grant or loan money allowed by subsection (5) of this section;

(g) Any reporting requirements for recipients, which must include the demographic data of each recipient aggregated by race, ethnicity, disability status, and income level;

(h) Any program fees, including any application fee or origination fee, and closing costs;

(i) Underwriting and risk management policies;

(j) Any requirements for applicants to apply for or exhaust other sources of assistance or reimbursement to be eligible for a loan or grant under the program. If the policies establish such a requirement, the policies must specify to which applicants the requirement applies, which sources must be applied for and denied or exhausted, and what documentation is necessary to establish the applicant has met the requirement.

(k) Equitable community outreach and equitable access to program information, including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility; and

(l) Any additional policies necessary to administer the program.

(5) The program may provide loans or grants or a combination of both to eligible applicants. In reviewing applications and awarding grants, the division shall give priority to eligible applicants who demonstrate that their needs cannot be met by other sources of assistance. Loans or grants may be used to:

(a) Subsidize costs to repair or rebuild a homeowner's primary residence that are insufficiently covered by the homeowner's insurance or by loans, grants, or other assistance available from the federal emergency management agency, the federal small business administration, or other state or federal assistance programs. Costs that may be covered include, but are not limited to:

(I) Direct costs of repairs or reconstruction of a damaged or destroyed primary residence, including costs to rebuild to advanced fire and other natural hazard mitigation standards;

(II) Soft costs such as architectural and engineering costs and permitting fees associated with repairing or rebuilding a primary residence;

(III) Soil sampling and air quality monitoring;

(IV) Clearance and demolition costs, including concrete flat work removal and removal of hazardous material, including asbestos;

(V) Private road or bridge repair if necessary to access a primary residence;

(VI) Costs associated with using building and site design measures that reduce risk to natural hazards, including fire resistant building materials and landscape design;

(VII) Costs to replant climate ready trees and vegetation;

(VIII) Temporary rental assistance during relocation or rebuilding or recovery work; and

(IX) Other recovery costs not covered by other sources that will increase resilience to future disasters;

(b) Repair or reconstruct housing stock in an area that is affected by a declared disaster and is experiencing a shortage of adequate housing or has a significant number of affected households. The program may provide a grant or loan under this subsection (5)(b) to:

(I) A housing authority or low-income housing tax credit partnership to fund the replacement or repair of multi-family housing in an area affected by a declared disaster;

(II) A nonprofit corporation to provide construction assistance to low-income households in an area affected by a declared disaster;

(III) A person who owns rental housing and requires additional resources to rebuild or repair the rental housing. A loan or grant made pursuant to this subsection (5)(b)(III) must include provisions requiring the recipient to provide affordable rent for the rental housing following the repair or reconstruction and temporary rental assistance for displaced renters, as determined by the division.

(c) Provide operating capital to a business experiencing a business interruption or cover the costs of replacing or repairing the business's real property, equipment, or inventory that was lost or damaged in the disaster;

(d) Rebuild neighborhoods or portions of neighborhoods in a manner that serves as a pilot project for advanced community planning to resist the impacts of natural disasters caused by climate change or reduce actions that contribute to climate change, including but not limited to micro-grids, community battery storage, community district heating or geothermal heating systems, or wildfire resilient land use planning strategies;

(e) Reimburse a governmental entity for any unmet needs associated with a declared disaster that are not covered by public assistance from the federal emergency management agency or other state or federal assistance, including assistance provided pursuant to section 24-33.5-704 (7)(j). Unmet needs that may be covered include, but are not limited to:

(I) Rebuilding or repairing transportation infrastructure;

(II) Health and safety improvements or investments related to disaster recovery and resiliency; or

(III) Replacement of lost revenue from sales taxes, property taxes, public utility or service fees, or other revenue sources that were negatively affected by a declared disaster; or

(f) Assist eligible applicants in addressing other related unmet needs as allowed by the policies adopted by the division pursuant to subsection (4) of this section in order to recover or rebuild from a declared disaster.

(6) The division may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.

(7) (a) The disaster resilience rebuilding program fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (6) of this section.

(b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(c) Money in the fund is continuously appropriated to the division for the purposes specified in this section and for the development of the disaster survivor portal described in section 24-33.5-1106 (4).

(d) Three days after May 17, 2022, the state treasurer shall transfer fifteen million dollars from the general fund to the disaster resilience rebuilding program fund created in subsection (7)(a) of this section.

(8) The division and the department of local affairs shall collaborate with the Colorado energy office created in section 24-38.5-101 on the implementation of this section as set forth in section 24-38.5-115 (8).

(9) On or before January 1, 2024, and on or before each January 1 thereafter, the division shall submit a report summarizing the program to the house of representatives transportation and local government committee and the senate local government committee, or their successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9) continues indefinitely.

Source: L. 2022: Entire section added, (SB 22-206), ch. 173, p. 1143, � 2, effective May 17.

Cross references: For the legislative declaration in SB 22-206, see section 1 of chapter 173, Session Laws of Colorado 2022.

24-32-135. Community schoolyards grant program - creation - report - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) Capital construction and improvement grant program or construction program means the capital construction and improvement grant program created in subsection (2)(a)(II) of this section that is part of the community schoolyards grant program.

(b) Community schoolyard means a park-like environment located at an elementary or secondary school that strengthens local ecological systems, provides a wide range of hands-on learning resources, enhances health and well-being for students and community members, and fosters nature-play and social opportunities for students and community members.

(c) Community schoolyards grant program or grant program means the community schoolyards grant program created in subsection (2)(a) of this section, which consists of two grant programs: The planning and design grant program created in subsection (2)(a)(I) of this section and the capital construction and improvement grant program created in subsection (2)(a)(II) of this section.

(d) Community-use partner means a partner that enters into a community-use agreement with an eligible applicant and the partnership complies with the requirements set forth in subsection (2)(d) of this section.

(e) Eligible applicant means a local government or a school district.

(f) Grant recipient means an eligible applicant that the division selects to receive money through the grant program.

(g) Local government means a municipality, a county, special districts, and other political subdivisions and state agencies.

(h) Planning and design grant program or planning program means the planning and design grant program created in subsection (2)(a)(I) of this section that is part of the community schoolyards grant program.

(2) (a) The community schoolyards grant program is created in the division. The community schoolyards grant program is a two-part grant program that includes:

(I) The planning and design grant program, which awards up to one hundred fifty thousand dollars to each grant recipient selected by the division for the planning and design of a community schoolyard; and

(II) The capital construction and improvement grant program, which awards up to eight hundred fifty thousand dollars to each grant recipient selected by the division for the capital construction of a community schoolyard.

(b) The purpose of the community schoolyards grant program is to address inequities in underserved and underfunded schools and communities, specifically communities socially or economically affected by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation pursuant to article 29 of title 39, by:

(I) Making community schoolyards accessible to the broader community outside of school hours;

(II) Improving physical activity and mental health opportunities for students and community members; and

(III) Incorporating natural landscapes, natural playgrounds, and recreational spaces that promote adaptation; sustainability; resilience; and hands-on learning across subject matters, including science, technology, engineering, arts, and mathematics.

(c) For the planning program and the construction program, the division shall consider eligible applicants whose applications contain the following materials:

(I) Documentation of a community-use agreement between the eligible applicant and a community-use partner that enables the community schoolyard to serve as a community facility outside of school hours. The community-use agreement must include, at a minimum, the following:

(A) A definition of the roles and responsibilities of the eligible applicant and the community-use partner in the operation, use, safety, and maintenance of the community schoolyard;

(B) Consideration of liability issues for community use of the community schoolyard;

(D) Documentation of the community use of the community schoolyard;

(II) Documentation of a partnership between the eligible applicant and a community-based organization with expertise in outdoor learning spaces or outdoor education spaces that has experience working with local education providers;

(III) Documentation of the amount of matching funds or in-kind contributions that the eligible applicant intends to provide to augment grant money received from the grant program and the anticipated amount and source of any matching funds or in-kind contributions; and

(IV) A demonstration of the need for a community schoolyard that uses a nationally recognized interactive map to help identify the top locations to build a community schoolyard.

(d) (I) A local government that is an eligible applicant must enter into a community-use agreement with a community-use partner that includes, but is not limited to, a school of a school district, a school district, a district charter school, an institute charter school, the state charter school institute, or a board of cooperative services created and operated pursuant to article 5 of title 22.

(II) A school district that is an eligible applicant must enter into a community-use agreement with a community-use partner that is a local government.

(e) The division may consult with the state board of the great outdoors Colorado trust fund established pursuant to section 6 of article XXVII of the state constitution, the outdoor equity board created in section 33-9-203, the environmental justice advisory board created in section 25-1-134 (2), and the public school capital construction assistance board created in section 22-43.7-106 regarding the grant program.

(3) (a) On or before January 15, 2026, the division shall implement a timeline for the planning program, which must include:

(I) Announcing the planning program;

(II) Accepting applications from eligible applicants and reviewing applications in a timely manner;

(III) Selecting the grant recipients;

(IV) Distributing grant money to the grant recipients; and

(V) Establishing reporting timelines and requirements for the grant recipients of the planning program. Grant recipients shall report, at a minimum, the following to the division:

(A) The amount of money received from the planning program;

(B) The number of students affected by the grant; and

(b) Grant recipients of the planning program shall develop professional plan, design, and construction documents through a community-centered participatory design process in collaboration with students, educators, and community members. The planning and design documents for the community schoolyard must include:

(I) Ecological, climate, and biodiversity goals;

(II) Education and health goals;

(III) Recreation goals;

(IV) Accessibility, safety, and licensing standards;

(V) The number of students enrolled at each school served by the grant;

(VI) The total acreage size of the school property;

(VII) The acreage size of the proposed community schoolyard;

(VIII) A concept plan drawing of the proposed community schoolyard design, which must incorporate design features that create healthy and environmentally sound spaces. Design features may include:

(A) Food and pollinator gardens;

(B) Natural playgrounds, including natural and nature-based elements, including rock gardens, sand boxes, stump logs, streams, living plants, and other features that are integrated with the outdoor landscape and vegetation;

(D) Traditional playground equipment;

(E) Climate-appropriate non-invasive plants and vegetation;

(F) Walking trails;

(G) Shade trees;

(H) Outdoor classrooms with chalkboards, tables, sinks, and large sitting areas for teachers to lead outdoor lessons; or

(I) Calm spaces for children;

(IX) Identification of community partners, including nonprofit organizations or design professionals that have expertise in outdoor learning spaces or outdoor education spaces; and

(X) A plan for the long-term maintenance of the community schoolyard.

(c) The community-based organization described in subsection (2)(c)(II) of this section is encouraged to provide technical assistance to the grant recipient to help facilitate the community-centered participatory design process to plan and design park-like spaces, outdoor learning spaces, or outdoor education spaces with students, educators, and community members, as described in subsection (3)(b) of this section.

(4) (a) On or before January 15, 2026, the division shall implement a timeline for the construction program, which must include:

(I) Announcing the construction program;

(II) Accepting applications from eligible applicants;

(III) Selecting the grant recipients;

(IV) Distributing grant money to the grant recipients; and

(V) Establishing reporting timelines and requirements for the grant recipients of the construction program. Grant recipients must report, at a minimum, the following to the division:

(A) The number of students affected by the grant;

(B) A description of how the grant money was spent; and

(C) The establishment of a community-use agreement, as described in subsection (2)(c)(I) of this section, for community access and use of the community schoolyard outside of school hours.

(b) If the proposed community schoolyard construction project exceeds one million dollars, the grant recipient must have a minimum of twenty-five percent of the total construction budget available as matching funds at the time of the grant award. The total construction budget may include in-kind contributions.

(c) Eligible applicants who did not apply to the planning program may apply to the construction program and must submit the professional plan, design, and construction documents described in subsection (3)(b) of this section to the division during the construction program application period described in subsection (4)(a)(II) of this section. Eligible applicants must provide evidence that the professional plan, design, and construction documents were created through a community-centered participatory design process in collaboration with students, educators, and community members. The eligible applicant must provide documentation of a community-use agreement with a community-use partner.

(5) On or before January 15, 2028, the division shall compile a report summarizing the grant recipient reports from the planning program received pursuant to subsection (3)(a)(V) of this section and the construction program pursuant to subsection (4)(a)(V) of this section. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees.

(6) The division may adopt rules to carry out the purposes of this section.

(7) (a) For the 2025-26 fiscal year, the department of local affairs shall use two million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.

(b) For the 2026-27 fiscal year, the department of local affairs shall use two million dollars from the local government mineral impact fund created in section 34-63-102 (5) or the local government severance tax fund created in section 39-29-110 for purposes of this section.

(c) Of the total funds described in subsections (7)(a) and (7)(b) of this section, the division may use up to five percent of the funds it receives for the grant program to pay for the direct and indirect costs of administering the grant program.

(8) This section is repealed, effective January 1, 2030.

Source: L. 2025: Entire section added, (HB 25-1061), ch. 435, p. 2511, � 1, effective August 6.