Category: Advocacy

The 2026 legislative session felt quieter than in recent years for AIA Colorado due to legislators focusing on a $1.5 billion budget deficit. This played out in two ways. First was simply that legislators had to make some tough decisions about what to cut and that took up a significant portion of their time in the 120-day session. The other impact was that legislators had to think carefully before introducing new bills with any cost to the state. This resulted in fewer bills overall and tougher battles to get through the Appropriations committees where fiscal impacts were scrutinized.

Affordability in general has also been a common complaint among constituents and business groups, resulting in a break from new regulatory bills on a variety of subjects of interest to architects such as environmental protection and liability changes for construction professionals.

Meeting our housing needs remains a challenge in Colorado. While the state is not in a financial position to subsidize affordable housing, we are still seeing successful attempts to clear local regulation logjams that are seen as barriers to affordability instead of as necessary regulations to preserve local character and align with master plans. However, we began to see the limits of this heavy-handed approach by the state as multiple key housing bills failed to advance in the senate after passing in the house. Other failed housing bills simply couldn’t justify their cost to the state with the legislature having to address a record budget deficit.

HB26-1001: Housing Developments on Qualifying Properties

Bill status: Signed into law

AIA Colorado Position: Support

Summary:

The Housing Opportunities Made Easier (HOME) Act will promote new residential development on qualifying properties owned by certain entities such as mission-driven non-profit developers, school districts, universities, and transit authorities. Other non-profit property owners may partner with qualifying entities. The bill’s emphasis is on delivering more affordable housing, though it chose to focus on developer qualifications over strict definitions of unit affordability. A qualifying property is defined as being five acres or smaller and typically within a municipality, though certain established areas of unincorporated county land may also qualify.

Beginning in 2028, local jurisdictions must allow the use of an administrative approval process if the property, developer, and the project itself meet the qualifications in the bill. This means that such projects must be approved regardless of local zoning for the properties. Local infrastructure and utility access have to be available to meet the project needs though. Local governments are not obligated to shoulder the burden of new infrastructure costs or to approve projects where resources (water, roads, sewer, electricity, etc.) simply aren’t available. Softer types of infrastructure such as municipal service capacity cannot be used to deny a project.

The key qualifications for developers are that they be registered 501(c)(3) non-profits and have five years of demonstrated history providing affordable housing. Given the variety of definitions and financing restrictions around “affordable” housing, this bill will not dictate that the projects themselves be affordable. This should be seen as promoting flexibility in providing different housing types that are viable to develop given the site and other local circumstances (teacher housing on school district land, for example).

Buildings will typically be allowed to reach three stories regardless of zoning height limits (with certain exemptions). This is a commonly cited density for affordable multi-family residential projects to pencil out from a financing standpoint. The total building size and number of units will otherwise be as allowed by building codes. The state is stepping in to override local control but AIA Colorado supported this bill due to appropriate guardrails and qualifications that will create new opportunities for residential units we desperately need across the state.

Impact

If your firm does affordable or market-rate multifamily residential work, there may be new opportunities for projects on properties not previously developable, especially where existing land ownership can reduce development costs enough to make more projects pencil out. Private developers that are not non-profits won’t be able to take advantage of this bill on their own though.

HB26-1065: Transit and Housing Investment Zones

Bill status: Signed into law

AIA Colorado Position: Support

Summary:

Colorado has multiple regional mass transportation projects in the works, most notably the Colorado Connector Rail along the Front Range and the Mountain Rail connecting Denver to northwest Colorado. Local communities where stops/stations will be located would benefit from new transit-oriented development but need to invest in infrastructure improvements that were not previously planned.

To jump-start new development, this bill creates a tax increment revenue program that can fund improvements in designated transit investment areas. For up to 6 projects that get approved, this program will provide loans that can be repaid with future local tax revenue. Approved projects also qualify for a tax credit for affordable housing within the designated areas.

AIA Colorado supported this bill to help ensure that communities with upcoming mass transit access can start planning for local development and housing that will make the most sense given these new opportunities.

Impact

For firms that do work in communities along new regional mass transit routes, there may be new planning and project opportunities, as well as favorable zoning changes, especially if a municipality qualifies for this new program so they can start this work sooner.

HB26-1066: Tax Exemptions Low Income Rental Property Development

Bill status: Failed to advance out of House Appropriations

AIA Colorado Position: Support

Summary:

Under current law, property taxes are not required to be paid during the development process for qualifying for-sale affordable housing projects. Given unpredictable timelines and challenges to get financing in place, the property taxes charged on vacant lots can be a significant hurdle to making these projects viable. If the project falls through at any point before completion, back taxes are owed.

This bill would have extended the same property tax considerations to rental affordable housing projects. This could have saved considerable amounts of money for multifamily rental housing projects that are less susceptible to construction defect lawsuits. AIA Colorado recognizes the need for more affordable housing units of all types across the state and our members see firsthand how challenging it is to qualify for financing necessary to get these units on the market. We supported this bill to ease some of these challenges during development timelines we can’t control.

Unfortunately, the massive state budget deficit resulted in legislators being very hesitant to eliminate any tax revenue. They were also swayed by many local governments arguing that they have similar budget issues. This is a bill that we expect to see again in the future when the state budget situation isn’t as dire.

Impact

While we don’t know if this bill will return in the future, it has still brought attention to the high cost of property taxes paid during prolonged development timelines for affordable housing projects.

HB26-1206: Improved Funding to Support Development

Bill status: Failed to reconcile differences between House and Senate versions

AIA Colorado Position: Support

Summary:

Local governments can refer ballot measures to residents to raise taxes and citizens can initiate ballot measures to raise taxes. Local housing authorities, however, cannot. This bill would have given them the ability to put ballot measures forward to raise taxes (up to a 1% increase) specifically to fund new housing projects in their jurisdiction.

AIA Colorado supported this bill as there are situations where elected city council members or county commissioners are opposed to considering any tax increase despite a housing shortage in their jurisdiction. This bill would have given voters the ability to approve (or decide against) funding for local affordable housing directly.

Impact

This bill highlights the challenges that housing authorities face in delivering affordable housing when local governments have different taxation philosophies.

HB26-1114: Allowed Minimum Lot Size for Subject Jurisdictions

Bill status: Failed in Senate committee after passing in House

AIA Colorado Position: Monitor

Summary:

This bill would have prevented local governments from requiring single-family residential zoned lots be greater than 2,000 square feet. It also included language to ensure that other zoning regulations didn’t make development on these smaller lots effectively impossible. The intent was to promote smaller residential lot sizes and therefore smaller, more affordable homes.

It would not have prevented developers from subdividing land into larger lot sizes up to any maximums allowed by local regulation. They simply couldn’t be forced into lot sizes above 2,000sf. Existing parcels would not have been affected. Properties zone for 2+ residential units would not be subject to this bill’s requirements.

Despite the bill sponsors’ decision to limit this bill’s scope to Colorado’s metropolitan areas only, AIA Colorado was concerned that without additional clarity or restrictions, the bill could have had a negative impact on local planning efforts from both growth projection and infrastructure planning perspectives. We look forward to working with other stakeholders on the anticipated effort to reintroduce this bill in 2027.

HB26-1308: Lot Splitting Approval by Subject Jurisdictions

Bill status: Failed in Senate committee after passing in House

AIA Colorado Position: Monitor

Summary:

This bill would have allowed the owners of qualifying single-family residential lots to legally split their property though a simple administrative process. That application could not be denied subject to meeting the required criteria. The criteria were focused on ensuring that both new lots could reasonably be built upon and that right-of-way access and utility sharing (as necessary) was handled appropriately. This bill would have applied to properties in Colorado metropolitan areas where accessory dwelling units (ADUs) are already allowed by state law. The split could occur on an empty lot, a lot with a single primary structure, or a lot that already contained an ADU, effectively promoting that to a primary residence on its own new lot.

AIA Colorado identified numerous potential unintended consequences on the viability of newly split lots. While bill amendments attempted to address many of these, there was still significant opposition from local governments. The bill sponsors have already signaled their intent to reintroduce an updated version of the bill in 2027 after more comprehensive stakeholder outreach.

Disaster mitigation and resiliency remain important topics as the state grappled with historic drought conditions and the prospect of elevated wildfire risks.

Large load (AI) data centers were a hot topic during the 2026 legislative session with two competing regulation bills introduced in the House (HB26-1030) and Senate (SB26-102). The house bill favored an incentive approach, giving long-term tax breaks to facilities that met voluntary criteria to reduce utility burdens and be a good neighbor. The senate bill was much stricter, setting various requirements, limits, and disclosures for these facilities. Governor Polis signaled that he wanted the bill sponsors to work together on a compromise, but nothing came of this effort amidst a lot of bad press from other states where AI data centers have proven to be bad neighbors. We expect SB26-102 in particular to come back in some form in 2027.

HB26-1030: Data Center & Utility Modernization

Bill status: Failed to advance out of House committee

AIA Colorado Position: Monitor

Summary:

This bill would have created a data center and incentive program that data centers could opt into for a 100% state sales and use tax exemption for 20 years after project completion. The requirements for the program included a preliminary consultation with the electric utility that would serve the site, commitments for future investment and the creation of full-time jobs in Colorado, using prevailing wages and meet labor requirements, and resource efficiency certification.

We were worried about the viability of an optional program and that long term tax breaks wouldn’t result in enough community and grid investment to offset the loss in state tax revenue. This bill spent nearly the entire session in negations with various parties to find a path to success and AIA Colorado opted to remain in a monitor position while we awaited more detail to evaluate if the proposed program would work as intended. The bill sponsors were unable to find a path forward this year.

Impact

AI Data centers can have a positive economic impact but cause massive community end environmental upheaval along the way. State and local governments will continue to explore how to properly regulate this emerging building type that’s unlike other energy-intensive industrial sites.

HB26-1334: Modify Standards of Wildfire Resiliency Code Board

Bill status: Failed in House committee

AIA Colorado Position: Amend

Summary:

Colorado has a new Wildfire Resiliency Code and map that went into full effect earlier this year. There have been ongoing complaints from smaller local jurisdictions that enforcing the code and performing inspections would be overly burdensome on their available building department staff. Lawmakers have also heard from product manufacturers that they want more time to test their products in accordance with the code requirements. This bill would have pushed the implementation date back another year, as well as make it easier for residents to initiate variance requests.

AIA Colorado took an amend position specifically to request that the variance change be removed from the bill. There is an existing process for local governments to work with the state’s code board on variances and the board does not have the capacity to consider individual project-related requests. This language was removed and AIA Colorado shifted to a monitor position, even though we had reservations about the implementation delay. Committee members at the bill’s first hearing had similar concerns and voted against advancing the bill, allowing the code to go into effect as scheduled.

Impact

Architects who do work in wildland/urban interface zones (in the western half of the state in particular) need to ensure that they’re working with clients, contractors, and local governments to meet the state’s new wildfire resiliency code.

SB26-049: Homeowner Natural Disaster Mitigation

Bill status: Failed in Senate Appropriations

AIA Colorado Position: Support

Summary:

This bill was a creative effort to help homeowners fund the hardening of their homes against disasters and make it easier to pay insurance deductibles for repairs after a disaster. There were two components originally. The first was opening up an existing natural disaster mitigation enterprise fund for local governments to also allow individuals and HOAs to apply for financial assistance. Local governments successfully lobbied against this provision, arguing that their needs were already greater than what the fund could provide.

The second component was the creation of catastrophe savings accounts (CSAs) that would be tax-deductible and work similarly to health savings accounts offered by many health insurance plans. These would have helped some homeowners who have sufficient income to set aside money for insurance deductibles. However, these folks are already in the best financial position to rebuild post-disaster. There were questions about how Colorado would administer these accounts and it was too big of an ask to create a program that would reduce tax revenue given the state’s budget deficit. The bill failed to pass out of the Appropriations Committee that reviews how much bills will cost the state if passed into law.

Impact

Even though this bill didn’t pass, legislators will continue to look for creative and cost-effective ways to help homeowners protect their existing homes in wildfire and hail-prone areas of the state.

SB26-102: Large-Load Data Centers

Bill status: Failed to advance out of Senate committee

AIA Colorado Position: Amend

Summary:

The philosophy behind this bill was that large load (AI) data centers (defined here as 30MW and larger facilities) shouldn’t put any new strain on the electric grid, water availability, and the community where they are located. The first requirement was that the facility’s electricity only be generated from renewable sources, whether on the grid or on-site (in any combination). This was intended to be as restrictive as it sounds and proved very contentious. AIA Colorado took an amend position on this bill as we felt this requirement was ultimately too strict and would effectively ban larger data centers.

AIA Colorado supported the remaining provisions in the bill as measures that would protect the environment, limit utility rate spikes, and ensure that data center operators do community outreach prior to getting approval. The facility would have been required to pay for utility infrastructure needed only by the facility itself (substations, transmission lines, easements, etc.). Water used for cooling equipment was required to utilize water-efficient technologies but the bill deferred to local governments to make this determination. Backup generators powered with fossil fuels had strict usage requirements. There were substantial facility reporting requirements to help confirm they weren’t using excessive electricity and water.

Ultimately, the heavy regulations this bill proposed, however well-intentioned, were perceived as being too strict and would effectively ban larger data centers. Even after months of negotiations, parties couldn’t come to an agreeable set of changes.

Impact

As also noted above for HB26-1030, AI Data centers can have a positive economic impact but cause massive community and environmental upheaval along the way. State and local governments will continue to explore how to properly regulate this emerging building type that’s unlike other energy-intensive industrial sites.

HB26-1007: Improve Customer Use Distributed Energy Resources

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

As solar panel manufacturing costs continue to drop, new products are hitting the market such as plug-in solar generation devices. These panels can be placed in one’s yard or attached to a railing and plugged into a standard wall socket. They would credit the property owner for electricity generated just like rooftop solar. Starting in 2027, electric utilities must allow the use of these portable solar panels, including the installation of a meter collar as needed to achieve intended safety and usage tracking requirements. Of note, common interest communities (HOAs) may not prohibit the use of these plug-in panels provided they are installed and secured properly.

HB26-1268: Renewable Energy Development on Disturbed Lands

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

This bill allows a local government to designate a “renewable energy reinvestment area” where renewable energy generation and energy storage systems may be installed. For qualifying sites, this designation allows an urban renewal authority or county revitalization authority to distribute tax increment revenue to finance or reimburse costs for qualifying projects.

HB26-1326: Sunset Public Utilities Commission

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

Colorado’s Public Utilities Commission is subject to the state’s periodic sunset review process to determine if it remains necessary and is accomplishing its mission in its current form (similar to how architects and other licensed professionals go through state review every 8-15 years). There was no doubt that the commission should continue to regulate public utilities, but this bill was an opportunity to address criticisms and logistical/bureaucratic challenges in how it operates.

The change most relevant to our membership is the acknowledgement that a three-person commission, subject to open meeting laws, has been slow to respond to issues related to the state’s electrical grid capacity and various utility requests to raise their rates. There was a push to expand the commission size and require geographic diversity amongst its members, but the final bill only included the requirement that a study be conducted on how to identify efficiency improvements. Still, this could result in a future commission that better understands the differences between utilities across the state and how to better facilitate long-term efforts to fully electrify more of the built environment.

HB26-1395: Repeal Wildfire Resilient Homes Grant Program

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

This year saw numerous state-funded programs cancelled to address the state’s budget deficit. One casualty of these cuts is the Wildfire Resilient Homes Grant Program created in 2023. This program had allowed homeowners to apply for grants to retrofit or improve structures on their property to be more wildfire resilient. Only about $50,000 in grants were paid out since the program’s inception.

SB26-155: Increase Access Homeowner’s Insurance Enterprise

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

Hail damage to residential roofs in Colorado is a significant driver of increases in homeowners insurance premiums in recent years. This bill creates a government enterprise that will collect an annual fee from insurance companies and provide services and grants back to those insurers. This will allow the state to better understand issues and set consistent standards across the entire insurance industry. The effort is intended to result in better minimum roof installation quality and reduce policy rates in the long term. The fees that insurers pay cannot be passed on to policyholders, though the state cannot prevent insurers from raising rates in general that may end up having the effect of absorbing the fee.

This year saw fewer bills on the subjects of architect liability and building codes.

HB26-1236: Arbitration Reform

Bill status: Vetoed by Governor

AIA Colorado Position: Amend

Summary:

This bill was intended to strengthen consumer and employee protections in arbitration agreements that often cannot be negotiated to ensure the process is fair to all parties. AIA Colorado identified unclear language and potential contradictions in the original version of the bill and worked with its sponsors on amendments that addressed our concerns. We shifted to a monitor position after these amendments were adopted as the bill was no longer harmful to the architecture profession.

Other construction industry groups, as well as the business community in general, were opposed to this bill on principle. There was a fear that arbitration provisions in home sales agreements would be restricted to the point that it would harm for-sale residential development that already lags behind demand. These arguments persuaded Governor Polis to veto the bill. It’s unclear if sponsors will reintroduce the bill in 2027 with a new governor.

Impact

AIA Colorado looks very closely at any liability-related bills that affect architects, developers, and other construction professionals. This bill was a good example of working with a legislator who listened to our concerns and amended their bill to address them. Employee and consumer protections are subjects that will certainly see additional bills in the future.

SB26-109: Building Code Accessibility

Bill status: Signed into law

AIA Colorado Position: Support

Summary:

Colorado statute in CRS 9-5-101 through 9-5-106 contains housing accessibility-related definitions, provisions, and clarifications that are intended to complement the IBC and ICC A117.1 building codes. This statute also contains an existing (unchanged) methodology that supersedes code to determine how many of each accessible dwelling unit type are required depending on project size.

Statute did not previously indicate the applicable version of A117.1 but existing language had been using terms and definitions found in the 2009 version that are no longer in use. This bill makes conforming changes so that statute now refers to and aligns with terminology in the 2017 version of A117.1.

AIA Colorado supported this effort as it reduces confusion and was not intended to make substantive changes to accessibility requirements compared to A117.1 (2017).

Impact

These changes should reduce potential confusion when comparing statute language to the accessibility codes that statute requires to be used for residential projects. Unfortunately, the US Department of Housing and Urban Development (HUD) still has not recognized the latest versions of A117.1 or the IBC as being an FHA safe harbor, but this bill does not change how architects have had to navigate that disconnect.

HB26-1430: Transportation Funding Adjustments

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

The Colorado Contractors Association (disclosure: CCA and AIA Colorado are both members of the Building Jobs 4 Colorado coalition) has led an effort to put forth a constitutional amendment ballot initiative to guarantee minimum annual transportation funding levels. The intent of this amendment is for the state to catch up in road and bridge maintenance and fund future road expansion needs. This money would not be allowed to be used for public transit investment purposes though.

This bill would change gas tax rates and make related changes to effectively cancel out any transportation funding increases that the ballot initiative would enable. The state legislature already faces significant restrictions on how it can spend state tax revenue to meet our annual balanced budget requirement. In tight budget years (often triggered by TABOR restrictions more so than revenue shortfalls), legislators don’t want their hands tied even further than they already are. 

SB26-150: Modernizing Regional Transportation District

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

The Regional Transportation District (RTD) board of directors has long been criticized for its ineffectiveness as both a board and the level of engagement demonstrated by individual board members were in their responsibilities. This bill is the second recent attempt to overhaul and simplify the board composition. It reduces the board composition from 15 elected members down to 5 elected and 4 appointed members. It also modernizes other board-related efforts including accessibility assessments, reporting requirements, and subregional service coordination.

A notable downside to the new system is that the consolidated districts will be significantly larger and more difficult to campaign effectively within, as there is no direct overlap with other political district boundaries. Candidates have already struggled to raise money for effective campaign outreach to voters and reduce representation for the people who live in and use RTD services. Evaluating the effectiveness of this change will take time as the consolidation has to be phased in over multiple election cycles based on when different board seats are up for election.

SB26-172: Front Range Passenger Rail District

Bill status: Signed into law

AIA Colorado Position: Monitor

Summary:

The ongoing effort to create a passenger rail line across the entire Front Range of Colorado took a significant step forward this year with this bill’s creation of a new rail district entity.  It will be tasked with managing and coordinate with all the local municipalities and metropolitan districts along the proposed route. This will include regulating any local actions to establish/increase a tax or create debt to fund local investment in the rail line.

Members from across Colorado’s Western Slope gathered for a West Virtual Connect roundtable focused on the outcomes of the 2026 legislative session and the issues most likely to affect architects practicing in mountain and rural communities. Led by AIA Colorado Advocacy Engagement Director Nikolaus Remus, AIA, and West Section Director Will Otte, AIA, the discussion explored housing, land use, infrastructure, sustainability, and emerging policy issues that could shape the future of practice in the region.

A major focus of the conversation was housing. Participants reviewed several bills aimed at increasing housing opportunities across Colorado, including legislation supporting affordable housing development on underutilized public properties and efforts to encourage transit-oriented development around future rail investments. While some housing-related proposals failed to advance due to the state’s $1.5 billion budget deficit, attendees discussed how affordable housing remains one of the most pressing challenges facing mountain communities and workforce retention.

The group also examined legislation related to wildfire resilience, natural disaster mitigation, and the growing conversation around large-scale AI data centers. Members discussed the potential impacts these facilities could have on Colorado’s energy and water resources, particularly for communities that depend on mountain watersheds. While several proposed regulations did not pass this year, participants noted that many of these issues are expected to return in future legislative sessions.

Additional discussion covered updates to accessibility code references, transportation funding proposals, utility regulation, and workforce-related legislation. Throughout the presentation, Remus emphasized the importance of member engagement in AIA Colorado’s advocacy efforts, noting that input from architects practicing in rural, resort, and mountain communities helps ensure legislators understand how statewide policies affect different regions of Colorado.

The session concluded with a conversation about representation and participation in AIA Colorado’s advocacy work. West Section leaders encouraged members to engage with the Government Affairs Committee and share feedback on legislation affecting their communities, reinforcing the important role local perspectives play in shaping effective advocacy at the Capitol.

Members west of the Front Range convene quarterly in a virtual setting to explore the challenges and opportunities shaping practice in the region. The West Section Advisors regularly host open roundtables, welcoming all members in the West to join and contribute.

RSVP for events at AIA Colorado’s event page.

Following the Senate session, members convened in the Barney Ford Conference Room for in-depth discussions with legislators and state leaders. Senator Dylan Roberts spoke on HB 26-1065 regarding Transit and Housing Investment Zones, Senator Cathy Kipp shared an early look at her forthcoming data center bill, and Representative Andrew Boesenecker discussed HB 26-1001 addressing housing development on qualifying properties. The morning concluded with a presentation from the Colorado Energy Office, reinforcing the intersection of policy, performance, and the built environment.

Throughout the day, architects shared professional perspectives, asked thoughtful questions, and helped legislators better understand how design expertise can support housing affordability, climate goals, and resilient communities. While AIA Colorado has not yet taken positions on the bills discussed, the conversations laid important groundwork for future advocacy.

Thank you to the members who volunteered their time and expertise, to the legislators and staff who welcomed us, and to Senate President James Coleman for his recognition of the profession. Architects Day at the Capitol reaffirmed the power of showing up, engaging directly, and making the architect’s voice heard where decisions are made.

2025 was a busy year at the State Capitol for AIA Colorado. Despite a significant state budget shortfall, we tracked more legislation than usual affecting the architecture profession. We identified 26 bills of interest to our members and took positions on 12 of them, listed below.

We’re proud to report that every bill AIA Colorado supported passed, and every bill we opposed failed.

This summary will be published in two parts:

• In Part 1, we took a deep dive into the most impactful bills related to housing and sustainability/resiliency.
• In Part 2, we cover professional liability, building codes, project funding, and legislation affecting the construction trades.

SB25-157: Deceptive Trade Practice Significant Impact Standard

Bill status: Failed in Senate
AIA Colorado position: Oppose

Summary

Colorado’s consumer protection statute includes dozens of individual sections in addition to its general provisions. As a result, it’s difficult to make sweeping changes, even when they mean well, without unintended consequences. This bill could have made it easier to make a deceptive trade practice claim alongside a construction defect claim, which could open up defendants to trebel damages. A scary prospect given the dollar amounts that may be necessary to correct an issue. This situation is very different than the scale of harm for a typical consumer protection lawsuit. Appropriate damages that can be awarded exist in this act and bills targeting other sections of statute shouldn’t take precedence. Architects were one of many interest groups affected that believed this bill was too broad in its attempt to increase consumer protections and the bill failed on the senate floor.

Impact

AIA Colorado opposed this bill because consumer protection claims shouldn’t be used as a vehicle to increase judgements for construction defect lawsuits. Some trial lawyers already try to tack on consumer protection claims as a scare tactic and this bill would make this more common despite such claims not having merit. The existing Construction Defect Action Reform Act (CDARA), while not perfect, is a comprehensive statute design specifically for lawsuits against architects and other construction professionals.

SB25-185: Claims Against Construction Professionals

Bill status: Failed in House
AIA Colorado position: Oppose

Summary

Never has a bill so concise had so many negative implications for the architecture profession. SB25-185 simply stated that “Notwithstanding any provision of law to the contrary, a construction professional owes an independent tort duty to an original residential home purchaser and a subsequent residential home purchaser“. This single sentence would have effectively removed our ability to negotiate liability-related provisions in contracts with other construction professionals.

When a homeowner suffers from a construction defect and pursues a lawsuit to correct the issue, the Economic Loss Doctrine dictates that the proper course of action is to file a contract claim against the seller of the home. This doctrine is intended to guide parties in disputes with purely monetary losses (such as paying to have a defect corrected). Terms in the sales contract are relevant to how liability issues are handled. The world of construction is a complex web of contracts, so there may be multiple suits filed down the contract line depending on what party is at fault. A homeowner could sue a homebuilder, who would then sue an architect to be made whole if the architect was at fault and was hired by the homebuilder.

To the benefit of homeowners in general, courts have ruled that subsequent buyers, who only had a contract with the original homeowner, don’t have to file contract claims. They can file tort claims against construction professionals directly since suing the previous homeowner is an overly burdensome means to get to the party who caused the defect. We’ve been operating under this guidance for decades in Colorado.

This bill would have allowed original homeowners to sue anyone directly with a tort claim.

This effort specifically tried to reverse a recent court case decision (Appleby vs Dossey Sudik) where a structural engineer limited their liability to an agreed-upon dollar amount with the architect, who was under contract with a general contractor on a for-sale residential project. The original homeowners had a structural defect and tried to sue the structural engineer directly via tort claim because a contract claim would not have covered the repair costs. However, the courts (up to the Colorado Supreme Court) all agreed that the homeowners could only file contract claims, starting with the seller of their home. 

While that might sound unfair to homeowners at first pass, the intent of contract liability provisions is that both parties agree to them. If one side reduces their liability risk, then the other side opts in to taking on that liability themselves. This isn’t always about dollar amounts. Dispute resolution processes (arbitration and mediation) are also common contract clauses that this bill would have undermined. Architects are hired long before a housing unit goes to market. We’re not privy to the terms of a final sales agreement to the homeowner. As such, we can only properly negotiate contracts with the clients who hire us. We rely on contract claims to provide guardrails on who can sue who and when it’s appropriate to do so.We believe that courts ruled correctly in favor of requiring contract claims in construction defect lawsuits so that negotiated liability-related provisions are respected by all parties and taken into consideration in court proceedings.

Impact

It took a lot of work to explain how bad this bill was to legislators given how little detail there was in the bill text itself. Thankfully, we were ultimately successful in defeating it despite the bill having bipartisan support. If it had passed, architects and professional engineers (who were great allies in our lobbying effort!) would have had more lawsuit exposure in for-sale residential projects resulting in greater insurance costs and risk. This would drive firms out of this market and/or raise costs to cover the new risk.

HB25-1261: Consumers Construction Defect Action

Bill status: Pulled by sponsor in House committee hearing
AIA Colorado position: Oppose

Summary

This bill is a long list of changes intended to benefit homeowners who file construction defect lawsuits against construction professionals, many of which are similar or returning provisions from last year’s failed HB24-1230. AIA Colorado opposed this bill not just because every section was bad for architects, but also because of the heavy-handed approach taken that would have raised costs for architects with no litigation history. The most significant changes included:

• Changing the statute of repose for filing lawsuits against construction professionals from 6 years to 10.
• Letting homeowners wait until they know the cause of a defect before informing construction professionals of an issue. Unlike current law that requires disclosures upon the manifestation of a potential defect, this makes it impossible for well-meaning construction professionals to offer to correct an issue or even try to determine if they do or do not have any culpability.
• Awarding prejudgment interest on a successful claim against a construction professional at 6% from the date the defective work was finished on top of damages resulting from the defect. Professional liability insurance won’t cover this interest.

Impact

In Colorado, there are already no real penalties against lawyers who threaten every construction professional involved in a project with a lawsuit. This bill only would have made this practice more egregious. Additionally, prejudgment interest would result in a strong disincentive for a defendant to argue their case in court because judgements will automatically be higher, and the longer a case takes to resolve (which we have no control over, the higher the interest total would be. 

While there’s potentially room for improvement for homeowners trying to deal with a construction defect, solutions need to respect construction professionals’ right to plead our defense in court without additional penalties for doing so. Solutions also need to be careful they don’t raise insurance or out-of-pocket costs for all architects who do residential projects even when we’re not the party at fault in most construction defect cases.

HB25-1093: Limitations on Local Anti-Growth Land Use Policies

Bill status: Signed into law

Overview

Colorado generally defers to local jurisdictions on policies related to housing growth. While logistical considerations still vary by locality, this bill prohibits local governments from enacting growth restrictions through simple limits on building or development permits. Previous implementations of such policies are forms of NIMBYism, are effectively discriminatory, and can cause significant issues—especially in clusters of cities where these limits are applied inconsistently at the regional level.

HB25-1030: Accessibility Standards in Building Codes

Bill status: Signed into law
AIA Colorado position: Amend/Support

Summary

As a home rule state, building codes are adopted and enforced at the local level. However, there is precedent for energy codes that require local jurisdictions to adopt certain versions of a code when they do any code update cycle. This makes it easier to promote adoption of newer codes even if a local jurisdiction can decide on their own schedule.

This bill promotes adoption of newer accessibility code provisions in the same way as existing energy adoption requirements. The primary difference is that this bill focuses on chapter 11 of the IBC instead of an entire publication. Either of the two most recent versions of this IBC chapter are allowed to be adopted. AIA Colorado successfully proposed a number of friendly amendments to this bill to offer clarity on how this process would work.

Impact

Even if a local jurisdiction does not want to be on the newest version of the IBC, this bill ensures better accessibility for building occupants, even if it’s slightly more complicated for architects to mix and match versions of the same code. Because the baseline in this bill is to use the 2021 IBC version, smaller rural communities are the most likely not to already be in compliance. An added benefit for architects is that a local jurisdiction may decide it’s easier to simply adopt an IBC version that meets this bill’s requirements. This could get more of the state on more modern codes.

SB25-002: Regional Building Codes for Factory-Built Structures

Bill status: Signed into law
AIA Colorado position: Amend/Support

Summary

Factory-built structures and building components are being promoted in Colorado to lower construction costs and therefore housing prices in particular. To facilitate broader adoption and investment of this construction practice, the state wants to simplify the application of building codes and inspections when construction occurs in a different jurisdiction (or state) than where the project site is located.

This bill empowers the state to determine standard off-site inspection practices and create regions with a unified set of building codes that must be designed and built to for off-site construction. AIA Colorado, amongst many other stakeholders, noted that as introduced, the bill didn’t have clear language to ensure the strictest code provisions in a region would apply in this context. With four climate regions in the state and significant variance in other site conditions such as wind loads, it’s important to ensure appropriate safety and building performance code provisions govern any given project.

Impact

With broader adoption of off-site construction, this bill will help architects, contractors, an local building departments navigate otherwise overlapping or conflicting building code requirements in projects that where construction occurs wholly or partially outside the local project site.

SB25-039: Agricultural Buildings Exempt from Energy Use Requirements

Bill status: Signed into law

Overview

Under current law, owners of certain large buildings  are required to annually collect and report each covered building’s energy use to the Colorado energy office. This bill clarifies that agricultural buildings were never intended to be included in the state’s Building Performance Standards program for benchmarking and annual energy use limitations.

HB25-1061: Community Schoolyards Grant Program

Bill status: Signed into law
AIA Colorado position: Support

Summary

This bill creates a grant program that can support planning, design, or construction grants for schoolyard projects that benefit and are accessible to the broader community beyond use by students during school hours. Suggested uses include natural landscapes or playgrounds, recreational spaces, sustainability/resilience projects, and hands-on learning spaces in underserved and underfunded schools and communities.

Impact

This community schoolyard grant fund has limited money available given Colorado’s budget challenges this year but can still make school outdoor space projects viable that might not otherwise have funding. Architects doing school projects are urged to speak with their clients to determine if part of the project scope may be qualified for this type of grant.

SB25-081: Treasurer’s Office

Bill status: Signed into law
AIA Colorado position: Support

Summary

This bill creates a program, with a board led by the state treasurer and including the state architect, to provide financing to eligible projects. These include various infrastructure and affordable/accessible housing projects. This program is funded using state treasury money as collateral for more favorable rates than other project funding sources. Given the unique nature of this funding, projects have to be individually evaluated and subject to available money.

Impact

Given the substantial 2025 state budget deficit, legislators tried many different creative ways to find money not available in the general fund this year. This bill focuses on making certain capital construction projects a reality that are ready to begin but where supplemental funding is necessary for related infrastructure work.

HB25-1245: Heating Ventilation & Air Conditioning Improvement Projects in Schools

Bill status: Signed into law

Overview

Schools that accept funding from the “Infrastructure Investment and Jobs Act cash fund” for HVAC improvements must now meet certain performance, quality, and contractor qualification standards for the project.

SB25-006: Investment Authority of State Treasurer for Affordable Housing

Bill status: Signed into law

Overview

The state treasurer may invest up to $50 million of state money in bonds with below-market interest rates if the proceeds are used for the creation or financing of new affordable, income-restricted for-sale housing that otherwise would not be made available.

AIA Colorado is a member of Building Jobs 4 Colorado (BJ4C), a coalition of construction trade groups that work with industry stakeholders to preserve and build construction and design jobs in Colorado. There are numerous bills each year that BJ4C takes positions on in addition to our own efforts.

HB25-1286: Protecting Workers from Extreme Temperatures

Bill status: Failed in House committee hearing
AIA Colorado position: BJ4C coalition opposed

Summary

Climate change is resulting in more common extreme temperature days in Colorado. There is no worker protection consistency across industries with outdoor workers and this bill would have given protection to works for both heat- and cold-related temperatures. Protection would have included risk mitigation measures, rest break details, and injury/illness prevention plans. The construction industry was generally opposed to this bill as there are already robust measures in place in accordance with national OSHA requirements. 

Impact

If this bill would have passed, it could have significantly reduced productivity on construction sites during the hottest and coldest parts of the year. Opponents successfully argued that the proposed protections would have gone well beyond what is required to protect worker safety. As temperatures continue to rise however, this issue isn’t going away. For the construction industry though, there are numerous examples of extreme weather procedures already in place in many southern states that we can emulate.

HB25-1300: Workers’ Compensation Benefits Proof of Entitlement

Bill status: Signed into law
AIA Colorado position: BJ4C coalition opposed

Summary

This bill makes a significant change to Colorado’s existing worker’s compensation benefits act by allowing injured workers to see their own physicians. Previously, employers were allowed to only approve a limited number of physicians that could be seen as part of a worker’s comp claim except in emergencies.

Impact

Opponents claimed that it benefits workers to see a physician who has experience both with workplace injuries and navigating typical billing procedures for worker’s comp claims that are typically the responsibility of an employer. There is also fear that less experienced physicians will keep workers from returning to their jobs longer out of an abundance of caution. It remains to be seen if these concerns prove true and if there will be impacts to construction costs or schedules.

HB25-1001: Enforcement Wage Hour Laws

Bill status: Signed into law

Overview

After last year’s attempt at addressing wage theft was vetoed, proponents for reform came back with a more narrowly focused bill. Protections for workers have been strengthened, but there is an orderly process in determining the parties responsible for making workers whole. This is important in construction with multiple layers of contracts between various parties. We will hopefully see fewer wage theft issues on projects that could result in cost overruns or slowdowns.

SB25-005: Worker Protection Collective Bargaining

Bill status: Vetoed by Governor

Overview

Colorado is unique in requiring two elections to form a union and this bill would have removed the second election. It would have likely resulted in more union construction labor in the state. Proponents may this bill back either next year if a compromise can be identified or in 2027 when Colorado has a new governor that may be more union-friendly.

2025 was a busy year at the State Capitol for AIA Colorado. Despite a significant state budget shortfall, we tracked more legislation than usual affecting the architecture profession. We identified 26 bills of interest to our members and took positions on 12 of them, listed below.

We’re proud to report that every bill AIA Colorado supported passed, and every bill we opposed failed.

This summary will be published in two parts:

• In Part 1, we’ll take a deep dive into the most impactful bills related to housing and sustainability/resiliency.
• Part 2 covers professional liability, building codes, project funding, and legislation affecting the construction trades.

HB25-1272: Construction Defects & Middle Market Housing

Bill status: Signed into law
AIA Colorado position: Support

Summary

Colorado condominium construction has been lagging behind demand for decades, primarily due to construction defect liability risks for all parties involved in these projects. The condo projects that have come to market tend to be at the luxury end, where costlier efforts to limit liability exposure can be absorbed into the selling price. Previous reform efforts have made modest gains in balancing the rights of homeowners and construction professionals, but they haven’t resulted in a meaningful increase in new projects.

HB25-1272 takes a new approach to the problem by creating an opt-in “Multifamily Construction Incentive Program” that developers, design professionals, and builders can join together. If all parties opt in, and a construction defect occurs, they receive enhanced protections and procedures to correct the issue before resorting to litigation. In exchange for these protections, stronger warranties must be offered to homeowners, and a more robust set of third-party inspections must be performed during construction—steps that should, in theory, reduce the occurrence of defects.

Architects and engineers, in particular, benefit from an improved “certificate of review” process conducted by a peer professional. Under current Colorado law, all regulated professions benefit from a certificate process in which a qualified third party must review the claim before a lawsuit can be filed. Unfortunately, the current standard is low (the claim must simply not be obviously fraudulent) and isn’t well-suited to complex issues like construction defects. For projects in this program, the third-party architect or engineer must be able to identify a negligent act or omission tied to the design work.

Impact

It will take time for this effort to bear fruit. Developers must choose to opt in and then bring the design team on board. General contractors bidding on a project must agree to the warranty and inspection requirements. It will be years before these projects reach the market—and years again before we know whether the program’s procedures successfully prevent lawsuits (though, ideally, defects will occur less frequently). If projects don’t opt in, the program framework may need to be revised. Still, we’re optimistic that this new program will result in more condo projects being developed in Colorado.

HB25-1273: Residential Building Stair Modernization

Bill status: Signed into law
AIA Colorado position: Support

Summary

Getting a multifamily residential project to pencil out can be challenging on small or oddly shaped lots. A commonly identified barrier is the space taken up by two egress stairs and the double-loaded corridors that typically result. Designing floor plans around a single central stair creates much more efficient layouts and can also facilitate units with three or more bedrooms, which are otherwise uncommon. The obvious downside is that, in an emergency, a single exit is a single point of failure—and people’s lives are at risk. Still, multiple exits are only one of many safety strategies embedded in building codes, and in recent years, there has been a growing movement to explore how taller single-stair buildings can still be designed with safety in mind. Seattle, Washington, in particular, has for decades allowed six-story multifamily buildings with a single egress stair, compared to the three stories typically allowed by the International Building Code (IBC).

After a failed effort in 2024 and significant stakeholder outreach with fire marshals, fire chiefs, and firefighter unions, there is now an agreed-upon framework for additional safety measures that must be implemented to allow five-story single-stair residential buildings in Colorado. Of the 22 new requirements, most are applications of provisions already found in the building code. Examples include limiting these buildings to Type I, II, or IV construction; requiring full sprinkler coverage; and enforcing limited travel distances, among others. Additional requirements, such as unit count and area restrictions, are specific to this project type. Local fire departments must be consulted, as they must have an adequate aerial apparatus to reach the top story of these buildings from the exterior.

The bill requires all local jurisdictions in Colorado with populations above 100,000 to allow these taller single-stair buildings by December 1, 2027.

Impact

This bill’s passage should enable more density on smaller lots that are currently vacant or underdeveloped as low-density residential. While we have concerns that the building type limitations could make it difficult to market units in these buildings as affordable, Colorado’s housing needs span the income spectrum. We remain hopeful that developers will find ways to make taller single-stair projects viable for both for-sale and rental housing.

HB25-1093: Limitations on Local Anti-Growth Land Use Policies

Bill status: Signed into law

Overview

Colorado generally defers to local jurisdictions on policies related to housing growth. While logistical considerations still vary by locality, this bill prohibits local governments from enacting growth restrictions through simple limits on building or development permits. Previous implementations of such policies are forms of NIMBYism, are effectively discriminatory, and can cause significant issues—especially in clusters of cities where these limits are applied inconsistently at the regional level.

HB25-1169: Housing Developments on Faith and Educational Land

Bill status: Failed in Senate

Overview

Affectionately called the “Yes in God’s Backyard” (YIGBY) bill, this proposal would have allowed vacant land on church- or university-owned properties to be developed into affordable housing units. While well-intentioned, the bill included limited guardrails on density, which could have led to massive new developments on large parcels of land owned by these entities—often in areas not zoned for, or lacking the infrastructure to support, such projects. Although low-density zoning across the state is one of the factors contributing to our insufficient housing supply, this bill didn’t strike the right balance due to the way it overrode local zoning authority.

HB25-1211-Tap Fees Imposed by Special Districts

Bill status: Signed into law

Overview

Tap fees in special districts vary widely across the state and can have a substantial impact on the cost of new housing units. This bill limits what special districts can take into account when setting tap fees to specific items directly related to water use and availability. In theory, these restrictions will reduce tap fees by requiring more carefully considered predictions of water usage.

HB25-1006: School District Solar Garden Lease Term

Bill status: Signed into law
AIA Colorado position: Support

Summary

Based on future enrollment projections, it’s not uncommon for school districts to purchase land years in advance of developing a project. Similarly, districts may acquire larger parcels than are immediately necessary for various strategic reasons. Current state law prohibits school districts from leasing their unused land for terms longer than 10 years, to prevent an elected school board from making a short-sighted decision with long-term consequences.

This bill creates exceptions to the 10-year lease limit for uses such as solar fields, energy storage systems, and affordable housing. These uses are recognized as providing community benefits—but especially for solar fields, the projects often aren’t financially viable under a 10-year contract.

Impact

Even when projected enrollment growth doesn’t materialize, selling district-owned land can be short-sighted—particularly if the property lacks infrastructure, making it less suitable for private development. This bill supports Colorado’s carbon reduction goals by enabling more local renewable energy generation, and it encourages school districts to consider private partnerships to fund staff housing projects when up-front capital is unavailable.

HB25-1269: Building Decarbonization Measures

Bill status: Signed into law
AIA Colorado position: Support

Summary

In 2021, Colorado became one of the first states in the nation to create a Building Performance Standards (BPS) program, requiring certain buildings (50,000 square feet and larger) to limit their annual energy use based on Energy Use Intensity (EUI) targets set by a board created under that bill. These buildings must also benchmark their annual energy use to demonstrate compliance.

The 2021 bill established two compliance years—2026 and 2030—during which buildings that fall short of their EUI targets must make at least incremental improvements. Based on early benchmarking scores and the impact COVID-19 had on office vacancy rates, the statutory goals have proven difficult to meet, and more buildings than anticipated have applied for variances and extensions.

This bill makes several adjustments to the BPS program to allow for more realistic compliance timelines, informed by early data and feedback from large building owners. It also adds a new EUI target for 2040. Grant funding will be made available to help building owners navigate the program and bring their buildings into eventual compliance.

Impact

It’s no surprise that a bleeding-edge BPS program would require tweaks along the way. The program has created—and will continue to create—opportunities for energy-use reduction projects that require design expertise from both architects and professional engineers. There are significant potential gains to be made in reducing carbon emissions from the built environment in Colorado.

SB25-182: Embodied Carbon Reduction

Bill status: Signed into law
AIA Colorado position: Support

Summary

Colorado has an existing C-PACE financing program originally intended to cover up-front costs of energy improvement projects (in new or existing buildings) that have predictable payback periods and can be repaid over time via property tax payments. Local jurisdictions must opt in to allow this program for buildings to utilize tax payments to repay this type of loan. C-PACE financing is one piece of any project funding puzzle but can make certain improvements achievable that are often removed from a project scope due to up-front costs.

This bill simply expands the allowable C-PACE financing project types to include embodied carbon improvements.

Impact

The intent is to promote low embodied carbon materials used in more projects, also incentivizing more companies in the state to consider lowering the embodied carbon in their products and materials. The example commonly used by the bill’s sponsors was low-carbon concrete that many Colorado plants are including in their mix offerings.

SB25-142: Changes to Wildfire Resiliency Code Board

Bill status: Signed into law

Overview

This bill introduces provisions to streamline the adoption process for local jurisdictions that must use the forthcoming wildfire resiliency code for wildland/urban interface areas.

HB25-1040: Adding Nuclear Energy as a Clean Energy Resource

Bill status: Signed into law

Overview

The state will consider nuclear energy as a source of clean energy, given its lack of emissions in the context of Colorado’s aggressive carbon reduction goals in the coming decades. Nuclear energy is also perceived as being better for grid reliability than solar or wind power energy sources. This bill may or may not result in more nuclear power generation (large scale or via modular units) but opens the door for nuclear to be considered more favorably.

HB25-1096: Automated Permits for Clean Energy Technology

Bill status: Signed into law

Overview

As every architect knows, permit review times across the state have increased substantially in recent years. This bill will remove some of that strain by allowing residential solar panel projects to be reviewed and approved via automated permitting software, which has a record of success already in other states.

HB25-1113: Limit Turf in New Residential Development

Bill status: Signed into law

Overview

Following up on the 2024 bill limiting turf grass, artificial grass, or invasive species in certain types of properties and spaces not occupied by people, this year’s bill expands the scope to multi-family residential projects of 12 units or more. “Functional turf” remains allowed in spaces intended for recreational use or regular human occupation.

HB25-1267: Support for Statewide Energy Strategies

Bill status: Signed into law

Overview

This bill makes changes to rules and grant funding for electric vehicle charging stations to further promote expanding electric charging infrastructure across the state.

AIA Colorado is proud to stand up for the profession as your legislative champion. This year was one of our most successful sessions ever. We took a position on 12 bills and each one got the result we lobbied for! We’ll publish our full report next month, but here are the major highlights from the 2025 legislative session.

We supported 9 bills this year, all of which have been signed into law or are awaiting the governor’s signature. We opposed 3 bills this year that would have increased architects’ liability risks and successfully defeated them all.

HB25-1272: Construction Defects & Middle Market Housing creates a new program to promote more housing and condominium projects in particular. Projects that opt into the program will have a mix of incentives and requirements to improve construction quality and promote construction defect solutions before resorting to lawsuits. 

Read more about this bill here.

HB25-1273: Residential Building Stair Modernization creates a set of code requirements that large cities will be required to adopt to allow five-story single-stair residential buildings. This space-saving measure will create opportunities for more density on smaller lots and the new code requirements offset the potential reduction in safety for only having one exit stair.

Read more about House Bill 1273 in the Colorado Sun.

SB25-185: Claims Against Construction Professionals would have allowed more tort claims in residential project construction defect lawsuits to be filed instead of contract claims that respect terms negotiated between construction professional parties. We defeated this bill but if it had passed, architects and engineers would have had more lawsuit exposure in for-sale residential projects resulting in greater insurance costs and risk. This would drive firms out of this market and/or raise costs to cover the new risk.

Rea more about Senate Bill 185 here.

To achieve these extraordinary results takes a team effort. Your membership lets us stand up a robust advocacy infrastructure of full-time staff, experienced lobbyist, enhanced bill tracking systems, an Architects’ Day at the Capitol, committee testimony from affected professionals and a dedicated group of Government Affairs Committee volunteers. We hope you feel part of this success and will join us in thanking the Representatives, Senators and Governor who were on our side.

Mike Waldinger, Hon. AIA, CEO, AIA Colorado