The Boulder City Council is largely critical of a bill making its way through the Colorado legislature that would allow certain housing developments to bypass specific zoning restrictions.

The Housing Opportunities Made Easier Act, or HOME Act, requires municipalities to allow residential development in any zone, and is subject to a quicker review process than usual. The bill aims to meet Colorado’s rising housing demand by circumventing lengthy processes, which leads to the cost of materials rising and, therefore, the cost of housing also climbing, the bill says.

This means housing could be built in the same zone as a school, university or a public transportation district. Or certain nonprofits could build housing on a property they own. All of that would be allowed as long as the property is no larger than 5 acres. These developments would be subject to an expedited review process from the city’s administrative staff. The current process requires public hearings and votes from the city’s Planning Board and City Council.

The Boulder City Council has focused on housing affordability but takes issue with the HOME Act in its current state.

The HOME Act was the subject of a lengthy discussion by the City Council on Thursday. The majority of council members were not supportive of the bill in its current form, and they would like to see it amended before supporting it.

Sticking points for the council include the relinquishing of local control — something other municipalities also take issue with — and an ownership type that allows a nonprofit that has “entered into an agreement with another nonprofit” with a history of providing affordable housing. On the latter point, council member Matt Benjamin worried that it could become a back door for bad actors. “(The bill) treats our home rule authority as a convenience to be basically stepped on because the governor wants it to happen, and it eliminates our efforts to provide more housing in the areas best suited for it,” council member Mark Wallach said during Thursday’s meeting.

The Democrat-backed bill is sponsored by Reps. Andrew Boesenecker of Larimer County and Javier Mabrey of Jefferson County and Denver, and Sens. Tony Exum of El Paso County and Julie Gonzales of Denver. It also has the support of Gov. Jared Polis, who is a Boulder resident.

A third reading of the HOME Act cleared the state House on Friday, 35-24, with six representatives excused. The bill may be amended before heading to the Senate, although it appears to be moving quickly through the legislature.

The other ownership types outlined in the bill are a nonprofit with a demonstrated history of providing affordable housing, a nonprofit that provides public transit, a local or regional transportation district, a school district, a university or state college, and a housing authority.

The property also must not contain exempt parcels, which the bill’s definitions include but aren’t limited to a parcel not served by a water or sewage treatment system, Federal Aviation Administration restrictions or a historic property that lies outside of a historic district. Child care facilities and recreational services also would be allowed to be built on properties up to 5 acres, no matter the property’s zoning. Projects would be allowed to reach heights up to 45 feet, which exceeds Boulder’s height maximum of 35 feet. The city does allow exemptions to that restriction on occasion.

Wallach acknowledged the hurdles that housing developers say they face, including Boulder’s complicated land-use code as laid out in Title 9 of the city code. Some council members see the code as an impediment to housing development, and it was an issue during last year’s election.

But addressing that issue should be the city’s to make and not the state’s, Wallach said. Council member Nicole Speer was unsure if the HOME Act fills a need that area nonprofits say they have, as well.