Second Regular Session
             Sixty-seventh General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 10-0951.01 Bob Lackner          HOUSE BILL 10-1368
                    HOUSE SPONSORSHIP
 Scanlan,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Local Government
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning a modification to planning requirements
            affecting county governments to clarify that
            political subdivisions are not exempt from county
            approval of land-use development under the "Planned
            Unit Development Act of 1972".
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law prohibits the construction or authorization of certain
       public projects in the unincorporated area of a county unless the proposed
       location and extent of the project are submitted to and approved by the
       county.  Court cases have construed this provision to exempt political
       subdivisions such as special districts from complying with county
       planning and zoning requirements for public projects, particularly in
       connection with public projects on land encompassed within a planned
       unit development already subject to county regulations.  The bill modifies
       the statutory provision requiring the location and extent review to clarify
       that the review does not waive or exempt any political subdivision from
       compliance with regulations adopted by the county pursuant to the
       "Planned Unit Development Act of 1972".
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  30-28-110, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW SUBSECTION to read:
            30-28-110.  Regional planning commission approval - required
       when - recording.  (1.5)  Notwithstanding any other provision of
       law, the provisions of subsection (1) of this section do not waive
       or exempt any political subdivision from compliance with
       regulations adopted by the county pursuant to part 1 of article
       67 of title 24, C.R.S.
            SECTION 2.  Act subject to petition - effective date -
       applicability.  (1)  This act shall take effect at 12:01 a.m. on the day
       following the expiration of the ninety-day period after final adjournment
       of the general assembly (August 11, 2010, if adjournment sine die is on
       May 12, 2010); except that, if a referendum petition is filed pursuant to
       section 1 (3) of article V of the state constitution against this act or an
       item, section, or part of this act within such period, then the act, item,
       section, or part shall not take effect unless approved by the people at the
       general election to be held in November 2010 and shall take effect on the
       date of the official declaration of the vote thereon by the governor.
            (2)  The provisions of this act shall apply to applications for
       proposed location and extent review by county governments under section
       30-28-110 (1) (a), Colorado Revised Statutes, submitted to such
       governments on or after the applicable effective date of this act.