HB24-1313: The New Transit-Oriented Communities Bill in Colorado

By: Anita Voskovykh

While Colorado is known for its unique landscapes and environmentally conscious approach to climate-related issues, Denver ranks #6 in the nation for being one of the most polluted cities by ozone, following California and Arizona. Even more concerning, the US EPA has classified the Denver metropolitan area and North Front Range area as being in severe nonattainment for ozone and ground level ozone. Ground level ozone is pollution that is not emitted directly into the air, but rather “created by chemical reactions between oxides of nitrogen (NOx) and volatile organic compounds (VOCs).”

Denver is a city that was built around the automobile, not people. Further, the transportation sector is the single largest source of greenhouse gas (GHG) emissions in Colorado with nearly 60% of these emissions coming from light-duty vehicles (cars and trucks). Despite large investments into public transportation (over $6 billion) across 85 miles of rail lines, ridership remains low, and this is due in part to the lack of density near these transit stations. Thus, people living in Colorado must rely on a vehicle, typically single occupancy, when it comes to daily travel. There are several reasons to explain the auto-dependency issue in Denver; however, the limited options available for travel – by car or by train – may be a leading reason as to why cities have difficulty getting drivers to shift away from their cars. Other alternatives are often overlooked, and pedestrians and cyclists have become a mere afterthought. Promoting sustainable living starts with city planning that prioritizes and designs around people. A possible solution to this challenge is to implement transit-oriented development (TOD) and promote transit-oriented communities (TOC) into our cities. TODs consist of planning cities to be compact, walkable, and pedestrian-oriented. Further, these are mixed-use communities that are centered around and depend mostly on high-quality train systems. TODs and TOCs help address issues regarding auto-dependency, housing, emissions and climate change, and create more desirable cities for people to live in as data has shown that residents living in TOCs take an average of 44% fewer vehicle trips.

House Bill 24-1313 (HB1313) aims to create TOCs by developing lower-priced housing near transit and employment centers which would effectively address the housing crisis, reduce pollution, and promote more walkable and people-friendly cities. Focusing housing developments to be near major transit and job centers makes living without a car more accessible, thus decreasing GHG emissions and traffic-related injuries. The intent in introducing this bill is to encourage local communities to build more housing near transit as a solution to housing, cut the cost of living, and create more sustainable cities where people are the main priority.

Less than half of the available zoning capacity in Colorado is typically utilized. Increasing the utilization of already existing space is necessary to meet anticipated housing needs, especially when addressing the current housing and climate crises. If passed, HB1313 would override the current local housing density rules and rezone areas near hubs to create denser and more walkable neighborhoods. As introduced, the bill would require roughly 30 Colorado municipalities, mostly along the I-25 corridor and around Grand Junction, to rezone areas near transit hubs to create denser neighborhoods, or TOCs. As defined by the bill, a TOC is a local government that is entirely within a metropolitan planning organization, has a population of 4000 or more, and contains at least 75 acres of certain transit-related areas. This measure would create a $35 million infrastructure grant which qualifying cities would receive to help with the funding of these developments, and another $30 million would be set aside for affordable housing tax credits for qualifying cities. This denser housing will likely result in more multifamily housing like apartments with up to 10 floors, townhomes, and duplexes. HB1313 would reduce barriers associated with housing costs by providing financial support to local governments that meet their housing goals.

While the bill has gained much support from various representatives around the Denver-metro area, as well as housing groups and environmental advocates, it has also been subject to criticism. In the event an affected city does not take the necessary steps to meet the housing goals laid out in the bill, the city may see cuts to state highway funding it currently receives.This punitive side has generated pushback from local governments which argue that cutting transportation dollars “creates a bunch of opportunities for future mischief." Another issue this bill faces is NIMBYism (Not In My Backyard) from neighborhoods which HB1313 would directly affect by building these new developments. Concern also remains regarding whether the bill would actually create below-market rate housing or incentivize people to use public transit when the system is already struggling to win back transit ridership after several route cuts and safety concerns. HB1313 is currently in its most up to date version with amendments made up to April 18th.

While it is difficult to foresee whether HB1313 will pass at this stage, this bill has sparked a conversation about issues that Colorado, and many other cities across America, are struggling with – housing needs and climate-change. Assuming the bill passes, this will be a step in the right direction in finding a solution to issues that are unlikely to go away on their own. The passing of this bill could result in a more sustainable future for many Coloradans, and if successfully implemented, this bill could help repair the connection between people and their communities.