(1) (a) There is hereby created within the department of local affairs the office of smart growth. The office shall be established within an existing division of the department in the discretion of the executive director. (b) The office shall be in the charge of a director who shall be appointed by the executive director. The director and any assistants and employees of the office shall be appointed in accordance with the provisions of section 13 of article XII of the state constitution. (2) The office of smart growth is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified by this part 32 under the department of local affairs and the executive director thereof. (3) The executive director shall have the following powers and duties in administering this part 32: (a) Repealed. (b) To adopt and publicize criteria regarding grants made available by the office out of moneys in the fund pursuant to paragraphs (c) and (d) of this subsection (3); (c) To review and approve applications for Colorado heritage planning grants awarded by the office out of money in the fund in accordance with the requirements of this part 32, and to determine the amount of money to be awarded under each such grant. An application for such a grant must: (I) (Deleted by amendment, L. 2021.) (II) Address critical planning issues, including, without limitation, land use and development patterns, affordable housing, transportation planning, mitigation of environmental hazards, water banking pursuant to article 80.5 of title 37, and energy use. (d) To review and approve applications for grants awarded by the office out of money in the fund to assist a local government, as applicable, in developing a master plan in conformity with section 30-28-106 or 31-23-206; (e) To attend and participate in meetings of county, municipal, or regional planning bodies, interstate agencies, and other conferences of such bodies, agencies, or related entities; (f) To advise the governor and the general assembly on matters involving growth, consult with other offices of state government with respect to growth issues affecting the duties of their offices, and, upon request of any local government, regional area, or group of adjacent communities having common or related problems arising from growth, recommend to the governor and the general assembly any proposals for legislation that would address the impact of growth; but nothing in this part 32 shall be construed to grant to the office or the executive director any authority over the land use or planning responsibilities of local governments; and (g) To exercise all other powers necessary and proper for the discharge of the executive director's duties and the carrying out of the intent of this part 32, including the coordination of the provisions of article 28 of title 30 and article 23 of title 31, C.R.S. (4) The director of the office of smart growth created by this section shall advise the executive director in connection with the exercise of the executive director's powers and duties in administering this part 32.
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