5 Colo. Code Regs. § 1002-85.7

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1002-85.7 - DISADVANTAGED COMMUNITIES

(1) Disadvantaged community ("DAC") means a community that has a population of 10,000 or less and meets the required combination of primary and secondary factors specified in section (3) below.

(2) For purposes of determining whether a community meets the definition of a disadvantaged community, the following definitions apply:

(a) "10-YEAR CHANGE IN POPULATION" means the average annual change for a location spanning ten years.

(b) "ASSESSED VALUE/HOUSEHOLD" means taxable resources on a household basis.

(c) "COMMUNITY MEDIAN HOUSEHOLD INCOME" means data that divides local households into two parts with half earning more than the median income and the other half earning less. An income survey completed for another state or federal program can substitute for data that is determined to be unreliable or unavailable.

(d) "COMMUNITY MEDIAN HOME VALUE" means data that divides the value distribution of homes into two parts with half of the homes falling below the median value and half falling above the median value. When data is unreliable or unavailable, the county assessor's list of homes can be substituted.

(e) "COUNTY 10-YEAR CHANGE IN JOBS" means the increase or decrease in total jobs which is comprised of wage and salary jobs as well as self-employed proprietor jobs.

(f) "COUNTY MEDIAN HOUSEHOLD INCOME" means data that divides county households into two parts with half earning more than the median income and the other half earning less than the median income.

(3) A community that meets the required combination of primary and secondary factors as specified below is a disadvantaged community for purposes of this Regulation:

Primary and Secondary DAC Factors

Primary Factors	Benchmark
P1 Community Median Household Income (MHI)	Less than or equal to 80 percent of the state MHI
P2 Community Median Home Value (MHV)	Less than 100 percent of the state MHV
P3 County 10-Year Change in Jobs	Loss in total jobs in the county over a 10 year period
Secondary Factors	Benchmark
S1 County Median Household Income (MHI)	Less than or equal to 80 percent of the state MHI
S2 10-Year Change in Population	Community has lost population over a ten year period
S3 Assessed Value/Household	Community's total assessed value per household is less than the median Colorado municipality assessed value per household

DAC Scenarios

Scenario	Primary Factors	Results	Secondary Factors	Results
1 (P1) MHI and	(P2) MHV or (P3) Change in Jobs	DAC	Unnecessary
2 (P1) MHI Only	Neither (P2) MHV nor (P3) Change in Jobs	Test secondary	Meet at least two of three	DAC
3 (P1) Unreliable MHI but	Both (P2) MHV and (P3) Change in Jobs	Test secondary	Meet at least two of three	DAC

(4) At the time of submitting a permit application, a community may request that the division make a determination of whether or not the community is a disadvantaged community.

(5) In the event a community's primary or secondary factor data does not represent recent, significant economic distress, or a scenario is marginally disqualifying, a business case may be presented for determination of disadvantaged community status. The business case should be qualitatively based on the factors the community has determined as not reflective of the community's current socio-economic condition. The business case should be submitted to the division, who will review the business case regarding the disadvantaged community status. The division will determine whether the business case presented provides compelling evidence that the community is a disadvantaged community.

5 CCR 1002-85.7

40 CR 23, December 10, 2017, effective 12/30/2017

46 CR 10, May 25, 2023, effective 6/14/2023