HOUSE BILL 24-1362
BY REPRESENTATIVE(S) Lukens and Catlin, McCluskie, Frizell,
Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty, Duran, Epps,
Froelich, Hamrick, Hartsook, Herod, Joseph, Kipp, Lieder, Lindstedt,
Lynch, Martinez, Marvin, Mauro, McCormick, McLachlan, Ricks, Rutinel,
Sirota, Snyder, Taggart, Titone, Valdez, Velasco, Weissman, Willford,
Young, English, Soper;
also SENATOR(S) Roberts and Simpson, Bridges, Buckner, Cutter, Exum,
Fields, Gardner, Hansen, Jaquez Lewis, Kirkmeyer, Lundeen, Marchman,
Michaelson Jenet, Mullica, Pelton B., Pelton R., Priola, Will, Winter F.,
Zenzinger, Fenberg.
C
ONCERNING MEASURES TO PROMOTE THE USE OF GRAYWATER .
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 25-8-205.4 as
follows:
25-8-205.4. Statewide authorization of graywater use - local
government notice required to opt out. (1) E
XCEPT AS PROVIDED IN
SUBSECTION
(2) OF THIS SECTION, A PERSON MAY INSTALL GRAYWATER
TREATMENT WORKS AND USE GRAYWATER IN ACCORDANCE WITH SECTION
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 25-8-205 (1)(g) AND RULES ADOPTED PURSUANT TO SECTION 25-8-205
(1)(g).
(2) (a) A
BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY
OF A MUNICIPALITY MAY ADOPT A RESOLUTION OR AN ORDI NANCE PURSUANT
TO SECTION
30-11-107 (1)(kk) OR 31-15-601 (1)(m):
(I) P
ROHIBITING THE INSTALLATION OF GRAYWATER TREATMENT
WORKS AND THE USE OF ALL GRAYWATER IN THE COUNTY OR MUNICIPALITY
;
OR
(II) PROHIBITING ONE OR MORE CATEGORIES OF GRAYWATER USE
THAT THE COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO
SECTION
25-8-205 (1)(g).
(b) A
BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF
A MUNICIPALITY THAT ADOPTS A RESOLUTION OR AN ORDINANCE PURSUANT
TO SUBSECTION
(2)(a) OF THIS SECTION SHALL NOTIFY THE DIVISION THAT
THE BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF A
MUNICIPALITY PROHIBITS THE USE OF ALL GRAYWATER OR PROHIBITS
CERTAIN CATEGORIES OF GRAYWATER USE IN THE COUNTY OR MUNICIPALITY
.
(c) A
BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF
A MUNICIPALITY THAT HAS NOT PROHIBITED THE INSTALLATION OF
GRAYWATER TREATMENT WORKS PURSUANT TO SUBSECTION
(2)(a)(I) OF
THIS SECTION
, PRIOR TO INSTALLATION OF ANY GRAYWATER TREATMENT
WORKS
, CONTINUES TO BE RESPONSIBLE FOR ADOPTING BUILDING CODES
THAT PREVENT GRAYWATER FROM ENTERING A POTABLE WATER SYSTEM
AND FOR REPORTING TO THE LOCAL WATER UTILITY THE PLANNED
INSTALLATION OF GRAYWATER SYSTEMS THAT REQUIRE BACKFLOW
PREVENTION CROSS
-CONNECTION CONTROL DEVICES UNDER THE
COMMISSION
'S RULES FOR THE PURPOSE OF SURVEYING AND TRACKING SUCH
DEVICES
. FOR EACH LOCATION WITHIN A LOCAL GOVERNMENT 'S
JURISDICTION AT WHICH GRAYWATER TREATMENT WORKS HAVE BEEN
INSTALLED
, THE BUILDING DEPARTMENT OF THE LOCAL GOVERNMENT SHALL
PROVIDE THE ADDRESS OF THE LOCATION TO EACH WATER UTILITY SERVING
THAT LOCATION
.
(3) A
BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF
A MUNICIPALITY THAT SENDS A NOTICE PURSUANT TO SUBSECTION
(2)(b) OF
PAGE 2-HOUSE BILL 24-1362 THIS SECTION MAY SUBSEQUENTLY ADOPT A RESOLUTION PURSUANT TO
SECTION
30-11-107 (1)(kk) OR AN ORDINANCE PURSUANT TO SECTION
31-15-601 (1)(m) TO AUTHORIZE THE INSTALLATION OF GRAYWATER
TREATMENT WORKS AND THE USE OF GRAYWATER OR TO AUTHORIZE
CATEGORIES OF GRAYWATER USE PREVIOUSLY PROHIBITED
. A BOARD OR
GOVERNING BODY THAT SUBSEQUENTLY AUTHORIZES THE USE OF
GRAYWATER PURSUANT TO THIS SUBSECTION
(3) SHALL PROMPTLY NOTIFY
THE DIVISION OF THE SUBSEQUENT AUTHORIZATION
.
(4) U
NLESS A BOARD OF COUNTY COMMISSIONERS OR GOVERNING
BODY OF A MUNICIPALITY ADOPTS A RESOLUTION OR AN ORDINANCE TO THE
CONTRARY
, A PERSON MAY INSTALL INDOOR GRAYWATER TREATMENT
WORKS PURSUANT TO SUBSECTION
(1) OF THIS SECTION ONLY IN NEW
CONSTRUCTION PROJECTS
.
(5) N
OTHING IN THIS SECTION REQUIRES THE PUBLIC DISCLOSURE OF
CONFIDENTIAL INFORMATION RELATED TO WATER RIGHTS
, WATER SUPPLY,
OR WATER FACILITIES.
SECTION 2. In Colorado Revised Statutes, 30-11-107, amend
(1)(kk) as follows:
30-11-107. Powers of the board. (1) The board of county
commissioners of each county has power at any meeting:
(kk) (I) To adopt a resolution, to authorize,
in consultation with the
local board of health, local public health agencies, and any water and
wastewater service providers serving the county,
REGARDING the use of
graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with
any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to
enforce compliance with the board's resolution. A
BOARD OF COUNTY
COMMISSIONERS
:
(A) M
AY ADOPT A RESOLUTION PROHIBITING THE INSTALLATION OF
GRAYWATER TREATMENT WORKS
, AS DEFINED IN SECTION 25-8-103 (8.4),
AND THE USE OF ALL GRAYWATER OR PROHIBITING ONE OR MORE
CATEGORIES OF GRAYWATER USE THAT THE WATER QUALITY CONTROL
COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO SECTION
25-8-205 (1)(g); AND
PAGE 3-HOUSE BILL 24-1362 (B) PURSUANT TO SECTION 25-8-205.4 (2)(b), SHALL NOTIFY THE
DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT OF ANY RESOLUTION ADOPTED PURSUANT TO
SUBSECTION
(1)(kk)(I)(A) OF THIS SECTION. A BOARD OF COUNTY
COMMISSIONERS THAT SENDS NOTICE PURSUANT TO THIS SUBSECTION
(1)(kk)(I)(B) MAY SUBSEQUENTLY AUTHORIZE THE INSTALLATION OF
GRAYWATER TREATMENT WORKS AND THE USE OF GRAYWATER OR
AUTHORIZE CATEGORIES OF GRAYWATER USE PREVIOUSLY PROHIBITED AT
ANY TIME BY ADOPTING A RESOLUTION
. A BOARD OF COUNTY
COMMISSIONERS THAT SUBSEQUENTLY AUTHORIZES THE USE OF GRAYWATER
SHALL PROMPTLY NOTIFY THE DIVISION OF ADMINISTRATION WITHIN THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OF THE SUBSEQUENT
AUTHORIZATION
.
(II) Before adopting a resolution to authorize the use of graywater
pursuant to subparagraph (I) of this paragraph (kk), A board of county
commissioners
THAT HAS NOT PROHIBITED ALL GRAYWATER USE PURSUANT
TO SUBSECTION
(1)(kk)(I) OF THIS SECTION is encouraged to enter into a
memorandum of understanding with the local board of health, local public
health agencies, and any water and wastewater service providers serving the
county concerning graywater usage and the proper installation and operation
of graywater treatment works, as defined in section 25-8-103 (8.4). C.R.S.
SECTION 3. In Colorado Revised Statutes, 31-15-601, amend
(1)(m) as follows:
31-15-601. Building and fire regulations - emission performance
standards required - reporting. (1) The governing bodies of
municipalities have the following powers in relation to building and fire
regulations:
(m) (I) To adopt an ordinance, to authorize,
in consultation with the
local board of health, local public health agencies, and any water and
wastewater service providers serving the municipality,
REGARDING the use
of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance
with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and
to enforce compliance with the governing body's ordinance. T
HE
GOVERNING BODY OF A MUNICIPALITY
:
(A) M
AY ADOPT AN ORDINANCE PROHIBITING THE INSTALLATION OF
PAGE 4-HOUSE BILL 24-1362 GRAYWATER TREATMENT WORKS , AS DEFINED IN SECTION 25-8-103 (8.4),
AND THE USE OF ALL GRAYWATER OR PROHIBITING ONE OR MORE
CATEGORIES OF GRAYWATER USE THAT THE WATER QUALITY CONTROL
COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO SECTION
25-8-205 (1)(g); AND
(B) PURSUANT TO SECTION 25-8-205.4 (2)(b), SHALL NOTIFY THE
DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT OF ANY ORDI NANCE ADOPTED PURSUANT TO SUBSECTION
(1)(m)(I)(A) OF THIS SECTION. A GOVERNING BODY OF A MUNICIPALITY THAT
SENDS NOTICE PURSUANT TO THIS SUBSECTION
(1)(m)(I)(B) MAY
SUBSEQUENTLY AUTHORIZE THE INSTALLATION OF GRAYWATER TREATMENT
WORKS AND THE USE OF GRAYWATER OR AUTHORIZE CATEGORIES OF
GRAYWATER USE PREVIOUSLY PROHIBITED AT ANY TIME BY ADOPTING AN
ORDINANCE
. A GOVERNING BODY OF A MUNICIPALITY THAT SUBSEQUENTLY
AUTHORIZES THE USE OF GRAYWATER SHALL PROMPTLY NOTIFY THE
DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT OF THE SUBSEQUENT AUTHORIZATION
.
(II) Before adopting an ordinance to authorize the use of graywater
pursuant to subparagraph (I) of this paragraph (m), the A municipal
governing body
THAT HAS NOT PROHIBITED ALL GRAYWATER USE PURSUANT
TO SUBSECTION
(1)(m)(I) OF THIS SECTION is encouraged to enter into a
memorandum of understanding with the local board of health, local public
health agencies, and any water and wastewater service providers serving the
municipality concerning graywater usage and the proper installation and
operation of graywater treatment works, as defined in section 25-8-103
(8.4). C.R.S.
SECTION 4. In Colorado Revised Statutes, 25-8-205, amend
(1)(g) as follows:
25-8-205. Control regulations. (1) The commission may
promulgate control regulations for the following purposes:
(g) (I) To describe requirements, prohibitions, and standards for the
use of graywater for nondrinking purposes, to encourage the use of
graywater, and to protect public health and water quality.
(II) Except as authorized in section 25-8-205.3, graywater may be
PAGE 5-HOUSE BILL 24-1362 used only in areas where the local city, city and county, or county has
adopted an ordinance or resolution approving the use of graywater pursuant
to section 30-11-107 (1)(kk) or 31-15-601 (1)(m). The A city, city and
county, or county that has adopted an ordinance or resolution approving
REGARDING the use of graywater pursuant to section 30-11-107 (1)(kk) or
31-15-601 (1)(m) has exclusive enforcement authority regarding
compliance with the ordinance or resolution.
(III) Use of graywater shall be
IS allowed only in accordance with
the terms and conditions of the decrees, contracts, and well permits
applicable to the use of the source water rights or source water and any
return flows therefrom
FROM THE SOURCE WATER, and no use of graywater
USE shall NOT be allowed IN A MANNER that would IS not be allowed under
such decrees, contracts, or permits. if the graywater ordinance or resolution
did not exist.
(IV) A local city, city and county, or county may only authorize the
use of graywater in accordance with federal, state, and local requirements.
SECTION 5. In Colorado Revised Statutes, 25-8-205.3, repeal
(2)(c) as follows:
25-8-205.3. Exemption from control regulations for graywater
research - definition. (2) A person collecting, treating, or using graywater
pursuant to this section:
(c) May collect, treat, and use the graywater in an area that is not
within the jurisdiction of any city, city and county, or county that has
adopted an ordinance or resolution authorizing graywater use pursuant to
section 25-8-205 (1)(g)(II);
SECTION 6. Act subject to petition - effective date. This act
takes effect January 1, 2026; 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 the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 6-HOUSE BILL 24-1362 held in November 2024 and, in such case, will take effect January 1, 2026,
or on the date of the official declaration of the vote thereon by the governor,
whichever is later.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-HOUSE BILL 24-1362