Colorado 2024 Regular Session

Colorado House Bill HB1362 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0522.01 Jennifer Berman x3286
18 HOUSE BILL 24-1362
2-BY REPRESENTATIVE(S) Lukens and Catlin, McCluskie, Frizell,
3-Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty, Duran, Epps,
4-Froelich, Hamrick, Hartsook, Herod, Joseph, Kipp, Lieder, Lindstedt,
5-Lynch, Martinez, Marvin, Mauro, McCormick, McLachlan, Ricks, Rutinel,
6-Sirota, Snyder, Taggart, Titone, Valdez, Velasco, Weissman, Willford,
7-Young, English, Soper;
8-also SENATOR(S) Roberts and Simpson, Bridges, Buckner, Cutter, Exum,
9-Fields, Gardner, Hansen, Jaquez Lewis, Kirkmeyer, Lundeen, Marchman,
10-Michaelson Jenet, Mullica, Pelton B., Pelton R., Priola, Will, Winter F.,
11-Zenzinger, Fenberg.
9+House Committees Senate Committees
10+Agriculture, Water & Natural Resources Agriculture & Natural Resources
11+Finance
12+A BILL FOR AN ACT
1213 C
13-ONCERNING MEASURES TO PROMOTE THE USE OF GRAYWATER .
14-Be it enacted by the General Assembly of the State of Colorado:
15-SECTION 1. In Colorado Revised Statutes, add 25-8-205.4 as
16-follows:
17-25-8-205.4. Statewide authorization of graywater use - local
14+ONCERNING MEASURES TO PROM OTE THE USE OF GRAYWATER .101
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+Under current law, a board of county commissioners or governing
23+body of a municipality (local government) may authorize the use of
24+graywater within its jurisdiction. Graywater refers to certain types of
25+wastewater that is collected from fixtures before it is treated and put to
26+certain beneficial uses.
27+The bill authorizes the installation of graywater treatment works
28+and the use of graywater statewide; except that a local government:
29+! May adopt an ordinance or a resolution prohibiting the
30+SENATE
31+3rd Reading Unamended
32+April 23, 2024
33+SENATE
34+Amended 2nd Reading
35+April 22, 2024
36+HOUSE
37+3rd Reading Unamended
38+April 5, 2024
39+HOUSE
40+Amended 2nd Reading
41+April 4, 2024
42+HOUSE SPONSORSHIP
43+Lukens and Catlin, McCluskie, Frizell, Amabile, Bacon, Bird, Boesenecker, Brown,
44+Daugherty, Duran, Epps, Froelich, Hamrick, Hartsook, Herod, Joseph, Kipp, Lieder,
45+Lindstedt, Lynch, Martinez, Marvin, Mauro, McCormick, McLachlan, Ricks, Rutinel, Sirota,
46+Snyder, Taggart, Titone, Valdez, Velasco, Weissman, Willford, Young
47+SENATE SPONSORSHIP
48+Roberts and Simpson, Bridges, Buckner, Cutter, Exum, Fenberg, Fields, Gardner, Hansen,
49+Jaquez Lewis, Kirkmeyer, Lundeen, Marchman, Michaelson Jenet, Mullica, Pelton B., Pelton
50+R., Priola, Will, Winter F., Zenzinger
51+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
52+Capital letters or bold & italic numbers indicate new material to be added to existing law.
53+Dashes through the words or numbers indicate deletions from existing law. installation of graywater treatment works or the use of all
54+graywater or categories of graywater use within its
55+jurisdiction; and
56+! Shall notify the division of administration in the
57+department of public health and environment of any such
58+local ordinance or resolution adopted.
59+To incentivize the installation of graywater treatment works within
60+a residential building for indoor water reuse, the bill also creates a state
61+income tax credit that allows a taxpayer to claim a credit up to 50% of the
62+cost of such an installation or up to $5,000, whichever amount is less.
63+Be it enacted by the General Assembly of the State of Colorado:1
64+SECTION 1. In Colorado Revised Statutes, add 25-8-205.4 as2
65+follows:3
66+25-8-205.4. Statewide authorization of graywater use - local4
1867 government notice required to opt out. (1) E
19-XCEPT AS PROVIDED IN
20-SUBSECTION
21-(2) OF THIS SECTION, A PERSON MAY INSTALL GRAYWATER
22-TREATMENT WORKS AND USE GRAYWATER IN ACCORDANCE WITH SECTION
23-NOTE: This bill has been prepared for the signatures of the appropriate legislative
24-officers and the Governor. To determine whether the Governor has signed the bill
25-or taken other action on it, please consult the legislative status sheet, the legislative
26-history, or the Session Laws.
27-________
28-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29-through words or numbers indicate deletions from existing law and such material is not part of
30-the act. 25-8-205 (1)(g) AND RULES ADOPTED PURSUANT TO SECTION 25-8-205
31-(1)(g).
68+XCEPT AS PROVIDED IN5
69+SUBSECTION (2) OF THIS SECTION, A PERSON MAY INSTALL GRAYWATER6
70+TREATMENT WORKS AND USE GRAYWATER IN ACCORDANCE WITH SECTION7
71+25-8-205 (1)(g)
72+AND RULES ADOPTED PURSUANT TO SECTION 25-8-2058
73+(1)(g).9
3274 (2) (a) A
33- BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY
34-OF A MUNICIPALITY MAY ADOPT A RESOLUTION OR AN ORDI NANCE PURSUANT
35-TO SECTION
36-30-11-107 (1)(kk) OR 31-15-601 (1)(m):
75+ BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY10
76+OF A MUNICIPALITY MAY ADOPT A RESOLUTION OR AN ORDINANCE11
77+PURSUANT TO SECTION 30-11-107 (1)(kk) OR 31-15-601 (1)(m):12
3778 (I) P
38-ROHIBITING THE INSTALLATION OF GRAYWATER TREATMENT
39-WORKS AND THE USE OF ALL GRAYWATER IN THE COUNTY OR MUNICIPALITY
40-;
41-OR
42-(II) PROHIBITING ONE OR MORE CATEGORIES OF GRAYWATER USE
43-THAT THE COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO
44-SECTION
45-25-8-205 (1)(g).
79+ROHIBITING THE INSTALLATION OF GRAYWATER TREATMENT13
80+WORKS AND THE USE OF ALL GRAYWATER IN THE COUNTY OR14
81+MUNICIPALITY; OR15
82+(II) P
83+ROHIBITING ONE OR MORE CATEGORIES OF GRAYWATER USE16
84+THAT THE COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO17
85+SECTION 25-8-205 (1)(g).18
4686 (b) A
47- BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF
48-A MUNICIPALITY THAT ADOPTS A RESOLUTION OR AN ORDINANCE PURSUANT
49-TO SUBSECTION
50- (2)(a) OF THIS SECTION SHALL NOTIFY THE DIVISION THAT
51-THE BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF A
52-MUNICIPALITY PROHIBITS THE USE OF ALL GRAYWATER OR PROHIBITS
53-CERTAIN CATEGORIES OF GRAYWATER USE IN THE COUNTY OR MUNICIPALITY
54-.
55-(c) A
56- BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF
57-A MUNICIPALITY THAT HAS NOT PROHIBITED THE INSTALLATION OF
58-GRAYWATER TREATMENT WORKS PURSUANT TO SUBSECTION
59- (2)(a)(I) OF
60-THIS SECTION
61-, PRIOR TO INSTALLATION OF ANY GRAYWATER TREATMENT
62-WORKS
63-, CONTINUES TO BE RESPONSIBLE FOR ADOPTING BUILDING CODES
64-THAT PREVENT GRAYWATER FROM ENTERING A POTABLE WATER SYSTEM
65-AND FOR REPORTING TO THE LOCAL WATER UTILITY THE PLANNED
66-INSTALLATION OF GRAYWATER SYSTEMS THAT REQUIRE BACKFLOW
67-PREVENTION CROSS
68--CONNECTION CONTROL DEVICES UNDER THE
69-COMMISSION
70-'S RULES FOR THE PURPOSE OF SURVEYING AND TRACKING SUCH
71-DEVICES
72-. FOR EACH LOCATION WITHIN A LOCAL GOVERNMENT 'S
73-JURISDICTION AT WHICH GRAYWATER TREATMENT WORKS HAVE BEEN
74-INSTALLED
75-, THE BUILDING DEPARTMENT OF THE LOCAL GOVERNMENT SHALL
76-PROVIDE THE ADDRESS OF THE LOCATION TO EACH WATER UTILITY SERVING
77-THAT LOCATION
78-.
87+ BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF19
88+A MUNICIPALITY THAT ADOPTS A RESOLUTION OR AN ORDINANCE20
89+1362-2- PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION SHALL NOTIFY THE1
90+DIVISION THAT THE BOARD OF COUNTY COMMISSIONERS OR GOVERNING2
91+BODY OF A MUNICIPALITY PROHIBITS THE USE OF ALL GRAYWATER OR3
92+PROHIBITS CERTAIN CATEGORIES OF GRAYWATER USE IN THE COUNTY OR4
93+MUNICIPALITY.5
94+(c) A BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF6
95+A MUNICIPALITY THAT HAS NOT PROHIBITED THE INSTALLATION OF7
96+GRAYWATER TREATMENT WORKS PURSUANT TO SUBSECTION (2)(a)(I) OF8
97+THIS SECTION, PRIOR TO INSTALLATION OF ANY GRAYWATER TREATMENT9
98+WORKS, CONTINUES TO BE RESPONSIBLE FOR ADOPTING BUILDING CODES10
99+THAT PREVENT GRAYWATER FROM ENTERING A POTABLE WATER SYSTEM11
100+AND FOR REPORTING TO THE LOCAL WATER UTILITY THE PLANNED12
101+INSTALLATION OF GRAYWATER SYSTEMS THAT REQUIRE BACKFLOW13
102+PREVENTION CROSS-CONNECTION CONTROL DEVICES UNDER THE14
103+COMMISSION'S RULES FOR THE PURPOSE OF SURVEYING AND TRACKING15
104+SUCH DEVICES. FOR EACH LOCATION WITHIN A LOCAL GOVERNMENT'S16
105+JURISDICTION AT WHICH GRAYWATER TREATMENT WORKS HAVE BEEN17
106+INSTALLED, THE BUILDING DEPARTMENT OF THE LOCAL GOVERNMENT18
107+SHALL PROVIDE THE ADDRESS OF THE LOCATION TO EACH WATER UTILITY19
108+SERVING THAT LOCATION.20
79109 (3) A
80- BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF
81-A MUNICIPALITY THAT SENDS A NOTICE PURSUANT TO SUBSECTION
82- (2)(b) OF
83-PAGE 2-HOUSE BILL 24-1362 THIS SECTION MAY SUBSEQUENTLY ADOPT A RESOLUTION PURSUANT TO
84-SECTION
85-30-11-107 (1)(kk) OR AN ORDINANCE PURSUANT TO SECTION
86-31-15-601 (1)(m) TO AUTHORIZE THE INSTALLATION OF GRAYWATER
87-TREATMENT WORKS AND THE USE OF GRAYWATER OR TO AUTHORIZE
88-CATEGORIES OF GRAYWATER USE PREVIOUSLY PROHIBITED
89-. A BOARD OR
90-GOVERNING BODY THAT SUBSEQUENTLY AUTHORIZES THE USE OF
91-GRAYWATER PURSUANT TO THIS SUBSECTION
92-(3) SHALL PROMPTLY NOTIFY
93-THE DIVISION OF THE SUBSEQUENT AUTHORIZATION
94-.
95-(4) U
96-NLESS A BOARD OF COUNTY COMMISSIONERS OR GOVERNING
97-BODY OF A MUNICIPALITY ADOPTS A RESOLUTION OR AN ORDINANCE TO THE
98-CONTRARY
99-, A PERSON MAY INSTALL INDOOR GRAYWATER TREATMENT
100-WORKS PURSUANT TO SUBSECTION
101-(1) OF THIS SECTION ONLY IN NEW
102-CONSTRUCTION PROJECTS
103-.
110+ BOARD OF COUNTY COMMISSIONERS OR GOVERNING BODY OF21
111+A MUNICIPALITY THAT SENDS A NOTICE PURSUANT TO SUBSECTION (2)(b)22
112+OF THIS SECTION MAY SUBSEQUENTLY ADOPT A RESOLUTION PURS UANT TO23
113+SECTION 30-11-107 (1)(kk) OR AN ORDINANCE PURSUANT TO SECTION24
114+31-15-601 (1)(m)
115+TO AUTHORIZE THE INSTALLATION OF GRAYWATER25
116+TREATMENT WORKS AND THE USE OF GRAYWATER OR TO AUTHORIZE26
117+CATEGORIES OF GRAYWATER USE PREVIOUSLY PROHIBITED . A BOARD OR27
118+1362
119+-3- GOVERNING BODY THAT SUBSEQUENTLY AUTHORIZES THE USE OF1
120+GRAYWATER PURSUANT TO THIS SUBSECTION (3) SHALL PROMPTLY NOTIFY2
121+THE DIVISION OF THE SUBSEQUENT AUTHORIZATION .3
122+(4) UNLESS A BOARD OF COUNTY COMMISSIONERS OR GOVERNING4
123+BODY OF A MUNICIPALITY ADOPTS A RESOLUTION OR AN ORDINANCE TO5
124+THE CONTRARY, A PERSON MAY INSTALL INDOOR GRAYWATER TREATMENT6
125+WORKS PURSUANT TO SUBSECTION (1) OF THIS SECTION ONLY IN NEW7
126+CONSTRUCTION PROJECTS.8
104127 (5) N
105-OTHING IN THIS SECTION REQUIRES THE PUBLIC DISCLOSURE OF
106-CONFIDENTIAL INFORMATION RELATED TO WATER RIGHTS
107-, WATER SUPPLY,
108-OR WATER FACILITIES.
109-SECTION 2. In Colorado Revised Statutes, 30-11-107, amend
110-(1)(kk) as follows:
111-30-11-107. Powers of the board. (1) The board of county
112-commissioners of each county has power at any meeting:
113-(kk) (I) To adopt a resolution, to authorize,
114- in consultation with the
115-local board of health, local public health agencies, and any water and
128+OTHING IN THIS SECTION REQUIRES THE PUBLIC DISCLOSURE
129+9
130+OF CONFIDENTIAL INFORMATION RELATED TO WATER RIGHTS , WATER10
131+SUPPLY, OR WATER FACILITIES.11
132+SECTION 2. In Colorado Revised Statutes, 30-11-107, amend12
133+(1)(kk) as follows:13
134+30-11-107. Powers of the board. (1) The board of county14
135+commissioners of each county has power at any meeting:15
136+(kk) (I) To adopt a resolution, to authorize, in consultation with16
137+the local board of health, local public health agencies, and any water and17
116138 wastewater service providers serving the county,
117-REGARDING the use of
118-graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with
119-any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to
120-enforce compliance with the board's resolution. A
121- BOARD OF COUNTY
139+REGARDING the use of18
140+graywater, as defined in section 25-8-103 (8.3), C.R.S.,
141+ in compliance19
142+with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S.,20
143+and to enforce compliance with the board's resolution. A
144+ BOARD OF21
145+COUNTY COMMISSIONERS :22
146+(A) M
147+AY ADOPT A RESOLUTION PROHIBITING THE INSTALLATION23
148+OF GRAYWATER TREATMENT WORKS , AS DEFINED IN SECTION 25-8-10324
149+(8.4),
150+ AND THE USE OF ALL GRAYWATER OR PROHIBITING ONE OR MORE25
151+CATEGORIES OF GRAYWATER USE THAT THE WATER QUALITY CONTROL26
152+COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO SECTION27
153+1362
154+-4- 25-8-205 (1)(g); AND1
155+(B) P
156+URSUANT TO SECTION 25-8-205.4 (2)(b), SHALL NOTIFY THE2
157+DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC3
158+HEALTH AND ENVIRONMENT OF ANY RESOLUTION ADOPTED PURSUANT TO4
159+SUBSECTION (1)(kk)(I)(A) OF THIS SECTION. A BOARD OF COUNTY5
160+COMMISSIONERS THAT SENDS NOTICE PURSUANT TO THIS SUBSECTION6
161+(1)(kk)(I)(B)
162+MAY SUBSEQUENTLY AUTHORIZE THE INSTALLATION OF7
163+GRAYWATER TREATMENT WORKS AND THE USE OF GRAYWATER OR8
164+AUTHORIZE CATEGORIES OF GRAYWATER USE PREVIOUSLY PROHIBITED AT9
165+ANY TIME BY ADOPTING A RESOLUTION . A BOARD OF COUNTY10
166+COMMISSIONERS THAT SUBSEQUENTLY AUTHORIZES THE USE OF11
167+GRAYWATER SHALL PROMPTLY NOTIFY THE DIVISION OF ADMINISTRATION12
168+WITHIN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OF THE13
169+SUBSEQUENT AUTHORIZATION .14
170+(II) Before adopting a resolution to authorize the use of graywater
171+15
172+pursuant to subparagraph (I) of this paragraph (kk), A board of county16
122173 commissioners
123-:
174+THAT HAS NOT PROHIBITED ALL GRAYWATER USE17
175+PURSUANT TO SUBSECTION (1)(kk)(I) OF THIS SECTION is encouraged to18
176+enter into a memorandum of understanding with the local board of health,19
177+local public health agencies, and any water and wastewater service20
178+providers serving the county concerning graywater usage and the proper21
179+installation and operation of graywater treatment works, as defined in22
180+section 25-8-103 (8.4). C.R.S.
181+23
182+SECTION 3. In Colorado Revised Statutes, 31-15-601, amend24
183+(1)(m) as follows:25
184+31-15-601. Building and fire regulations - emission26
185+performance standards required - reporting. (1) The governing bodies27
186+1362
187+-5- of municipalities have the following powers in relation to building and1
188+fire regulations:2
189+(m) (I) To adopt an ordinance, to authorize, in consultation with3
190+the local board of health, local public health agencies, and any water and4
191+wastewater service providers serving the municipality,
192+REGARDING the5
193+use of graywater, as defined in section 25-8-103 (8.3), C.R.S.,
194+ in6
195+compliance with any regulation adopted pursuant to section 25-8-2057
196+(1)(g), C.R.S., and to enforce compliance with the governing body's8
197+ordinance. T
198+HE GOVERNING BODY OF A MUNICIPALITY :9
124199 (A) M
125-AY ADOPT A RESOLUTION PROHIBITING THE INSTALLATION OF
126-GRAYWATER TREATMENT WORKS
127-, AS DEFINED IN SECTION 25-8-103 (8.4),
128-AND THE USE OF ALL GRAYWATER OR PROHIBITING ONE OR MORE
129-CATEGORIES OF GRAYWATER USE THAT THE WATER QUALITY CONTROL
130-COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO SECTION
131-25-8-205 (1)(g); AND
132-PAGE 3-HOUSE BILL 24-1362 (B) PURSUANT TO SECTION 25-8-205.4 (2)(b), SHALL NOTIFY THE
133-DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC HEALTH
134-AND ENVIRONMENT OF ANY RESOLUTION ADOPTED PURSUANT TO
135-SUBSECTION
136- (1)(kk)(I)(A) OF THIS SECTION. A BOARD OF COUNTY
137-COMMISSIONERS THAT SENDS NOTICE PURSUANT TO THIS SUBSECTION
138-(1)(kk)(I)(B) MAY SUBSEQUENTLY AUTHORIZE THE INSTALLATION OF
139-GRAYWATER TREATMENT WORKS AND THE USE OF GRAYWATER OR
140-AUTHORIZE CATEGORIES OF GRAYWATER USE PREVIOUSLY PROHIBITED AT
141-ANY TIME BY ADOPTING A RESOLUTION
142-. A BOARD OF COUNTY
143-COMMISSIONERS THAT SUBSEQUENTLY AUTHORIZES THE USE OF GRAYWATER
144-SHALL PROMPTLY NOTIFY THE DIVISION OF ADMINISTRATION WITHIN THE
145-DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OF THE SUBSEQUENT
146-AUTHORIZATION
147-.
148-(II) Before adopting a resolution to authorize the use of graywater
149-pursuant to subparagraph (I) of this paragraph (kk), A board of county
150-commissioners
151-THAT HAS NOT PROHIBITED ALL GRAYWATER USE PURSUANT
152-TO SUBSECTION
153- (1)(kk)(I) OF THIS SECTION is encouraged to enter into a
154-memorandum of understanding with the local board of health, local public
155-health agencies, and any water and wastewater service providers serving the
156-county concerning graywater usage and the proper installation and operation
157-of graywater treatment works, as defined in section 25-8-103 (8.4). C.R.S.
158-SECTION 3. In Colorado Revised Statutes, 31-15-601, amend
159-(1)(m) as follows:
160-31-15-601. Building and fire regulations - emission performance
161-standards required - reporting. (1) The governing bodies of
162-municipalities have the following powers in relation to building and fire
163-regulations:
164-(m) (I) To adopt an ordinance, to authorize,
165- in consultation with the
166-local board of health, local public health agencies, and any water and
167-wastewater service providers serving the municipality,
168-REGARDING the use
169-of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance
170-with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and
171-to enforce compliance with the governing body's ordinance. T
172-HE
173-GOVERNING BODY OF A MUNICIPALITY
174-:
175-(A) M
176-AY ADOPT AN ORDINANCE PROHIBITING THE INSTALLATION OF
177-PAGE 4-HOUSE BILL 24-1362 GRAYWATER TREATMENT WORKS , AS DEFINED IN SECTION 25-8-103 (8.4),
178-AND THE USE OF ALL GRAYWATER OR PROHIBITING ONE OR MORE
179-CATEGORIES OF GRAYWATER USE THAT THE WATER QUALITY CONTROL
180-COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO SECTION
181-25-8-205 (1)(g); AND
182-(B) PURSUANT TO SECTION 25-8-205.4 (2)(b), SHALL NOTIFY THE
183-DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC HEALTH
184-AND ENVIRONMENT OF ANY ORDI NANCE ADOPTED PURSUANT TO SUBSECTION
185-(1)(m)(I)(A) OF THIS SECTION. A GOVERNING BODY OF A MUNICIPALITY THAT
186-SENDS NOTICE PURSUANT TO THIS SUBSECTION
187- (1)(m)(I)(B) MAY
188-SUBSEQUENTLY AUTHORIZE THE INSTALLATION OF GRAYWATER TREATMENT
189-WORKS AND THE USE OF GRAYWATER OR AUTHORIZE CATEGORIES OF
190-GRAYWATER USE PREVIOUSLY PROHIBITED AT ANY TIME BY ADOPTING AN
191-ORDINANCE
192-. A GOVERNING BODY OF A MUNICIPALITY THAT SUBSEQUENTLY
193-AUTHORIZES THE USE OF GRAYWATER SHALL PROMPTLY NOTIFY THE
194-DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC HEALTH
195-AND ENVIRONMENT OF THE SUBSEQUENT AUTHORIZATION
196-.
197-(II) Before adopting an ordinance to authorize the use of graywater
198-pursuant to subparagraph (I) of this paragraph (m), the A municipal
199-governing body
200-THAT HAS NOT PROHIBITED ALL GRAYWATER USE PURSUANT
201-TO SUBSECTION
202- (1)(m)(I) OF THIS SECTION is encouraged to enter into a
203-memorandum of understanding with the local board of health, local public
204-health agencies, and any water and wastewater service providers serving the
205-municipality concerning graywater usage and the proper installation and
206-operation of graywater treatment works, as defined in section 25-8-103
207-(8.4). C.R.S.
208-SECTION 4. In Colorado Revised Statutes, 25-8-205, amend
209-(1)(g) as follows:
210-25-8-205. Control regulations. (1) The commission may
211-promulgate control regulations for the following purposes:
212-(g) (I) To describe requirements, prohibitions, and standards for the
213-use of graywater for nondrinking purposes, to encourage the use of
214-graywater, and to protect public health and water quality.
215-(II) Except as authorized in section 25-8-205.3, graywater may be
216-PAGE 5-HOUSE BILL 24-1362 used only in areas where the local city, city and county, or county has
217-adopted an ordinance or resolution approving the use of graywater pursuant
218-to section 30-11-107 (1)(kk) or 31-15-601 (1)(m). The A city, city and
219-county, or county that has adopted an ordinance or resolution approving
220-REGARDING the use of graywater pursuant to section 30-11-107 (1)(kk) or
221-31-15-601 (1)(m) has exclusive enforcement authority regarding
222-compliance with the ordinance or resolution.
223-(III) Use of graywater shall be
224- IS allowed only in accordance with
225-the terms and conditions of the decrees, contracts, and well permits
226-applicable to the use of the source water rights or source water and any
227-return flows therefrom
228- FROM THE SOURCE WATER, and no use of graywater
229-USE shall NOT be allowed IN A MANNER that would IS not be allowed under
230-such decrees, contracts, or permits. if the graywater ordinance or resolution
231-did not exist.
232-(IV) A local city, city and county, or county may only authorize the
233-use of graywater in accordance with federal, state, and local requirements.
234-SECTION 5. In Colorado Revised Statutes, 25-8-205.3, repeal
235-(2)(c) as follows:
236-25-8-205.3. Exemption from control regulations for graywater
237-research - definition. (2) A person collecting, treating, or using graywater
238-pursuant to this section:
239-(c) May collect, treat, and use the graywater in an area that is not
240-within the jurisdiction of any city, city and county, or county that has
241-adopted an ordinance or resolution authorizing graywater use pursuant to
242-section 25-8-205 (1)(g)(II);
243-SECTION 6. Act subject to petition - effective date. This act
244-takes effect January 1, 2026; except that, if a referendum petition is filed
245-pursuant to section 1 (3) of article V of the state constitution against this act
246-or an item, section, or part of this act within the ninety-day period after final
247-adjournment of the general assembly, then the act, item, section, or part will
248-not take effect unless approved by the people at the general election to be
249-PAGE 6-HOUSE BILL 24-1362 held in November 2024 and, in such case, will take effect January 1, 2026,
250-or on the date of the official declaration of the vote thereon by the governor,
251-whichever is later.
252-____________________________ ____________________________
253-Julie McCluskie Steve Fenberg
254-SPEAKER OF THE HOUSE PRESIDENT OF
255-OF REPRESENTATIVES THE SENATE
256-____________________________ ____________________________
257-Robin Jones Cindi L. Markwell
258-CHIEF CLERK OF THE HOUSE SECRETARY OF
259-OF REPRESENTATIVES THE SENATE
260- APPROVED________________________________________
261- (Date and Time)
262- _________________________________________
263- Jared S. Polis
264- GOVERNOR OF THE STATE OF COLORADO
265-PAGE 7-HOUSE BILL 24-1362
200+AY ADOPT AN ORDINANCE PROHIBITING THE INSTALLATION10
201+OF GRAYWATER TREATMENT WORKS , AS DEFINED IN SECTION 25-8-10311
202+(8.4),
203+ AND THE USE OF ALL GRAYWATER OR PROHIBITING ONE OR MORE12
204+CATEGORIES OF GRAYWATER USE THAT THE WATER QUALITY CONTROL13
205+COMMISSION ESTABLISHES IN RULES ADOPTED PURSUANT TO SECTION14
206+25-8-205 (1)(g);
207+AND15
208+(B) P
209+URSUANT TO SECTION 25-8-205.4 (2)(b), SHALL NOTIFY THE16
210+DIVISION OF ADMINISTRATION WITHIN THE DEPARTMENT OF PUBLIC17
211+HEALTH AND ENVIRONMENT OF ANY ORDINANCE ADOPTED PURSUANT TO18
212+SUBSECTION (1)(m)(I)(A) OF THIS SECTION. A GOVERNING BODY OF A19
213+MUNICIPALITY THAT SENDS NOTICE PURSUANT TO THIS SUBSECTION20
214+(1)(m)(I)(B)
215+MAY SUBSEQUENTLY AUTHORIZE THE INSTALLATION OF21
216+GRAYWATER TREATMENT WORKS AND THE USE OF GRAYWATER OR22
217+AUTHORIZE CATEGORIES OF GRAYWATER USE PREVIOUSLY PROHIBITED AT23
218+ANY TIME BY ADOPTING AN ORDINANCE . A GOVERNING BODY OF A24
219+MUNICIPALITY THAT SUBSEQUENTLY AUTHORIZES THE USE OF GRAYWATER25
220+SHALL PROMPTLY NOTIFY THE DIVISION OF ADMINISTRATION WITHIN THE26
221+DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OF THE SUBSEQUENT27
222+1362
223+-6- AUTHORIZATION.1
224+(II) Before adopting an ordinance to authorize the use of2
225+graywater pursuant to subparagraph (I) of this paragraph (m), the A3
226+municipal governing body
227+THAT HAS NOT PROHIBITED ALL GRAYWATER4
228+USE PURSUANT TO SUBSECTION (1)(m)(I) OF THIS SECTION is encouraged5
229+to enter into a memorandum of understanding with the local board of6
230+health, local public health agencies, and any water and wastewater service7
231+providers serving the municipality concerning graywater usage and the8
232+proper installation and operation of graywater treatment works, as defined9
233+in section 25-8-103 (8.4). C.R.S.
234+10
235+SECTION 4. In Colorado Revised Statutes, 25-8-205, amend11
236+(1)(g) as follows:12
237+25-8-205. Control regulations. (1) The commission may13
238+promulgate control regulations for the following purposes:14
239+(g) (I) To describe requirements, prohibitions, and standards for15
240+the use of graywater for nondrinking purposes, to encourage the use of16
241+graywater, and to protect public health and water quality.17
242+(II) Except as authorized in section 25-8-205.3, graywater may be18
243+used only in areas where the local city, city and county, or county has19
244+adopted an ordinance or resolution approving the use of graywater20
245+pursuant to section 30-11-107 (1)(kk) or 31-15-601 (1)(m). The A city,21
246+city and county, or county that has adopted an ordinance or resolution22
247+approving REGARDING the use of graywater pursuant to section 30-11-10723
248+(1)(kk) or 31-15-601 (1)(m) has exclusive enforcement authority24
249+regarding compliance with the ordinance or resolution.25
250+(III) Use of graywater shall be IS allowed only in accordance with26
251+the terms and conditions of the decrees, contracts, and well permits27
252+1362
253+-7- applicable to the use of the source water rights or source water and any1
254+return flows therefrom FROM THE SOURCE WATER , and no use of2
255+graywater
256+USE shall NOT be allowed IN A MANNER that would
257+ IS not be3
258+allowed under such decrees, contracts, or permits. if the graywater4
259+ordinance or resolution did not exist.5
260+(IV) A local city, city and county, or county may only authorize6
261+the use of graywater in accordance with federal, state, and local7
262+requirements.8
263+SECTION 5. In Colorado Revised Statutes, 25-8-205.3, repeal9
264+(2)(c) as follows:10
265+25-8-205.3. Exemption from control regulations for graywater11
266+research - definition. (2) A person collecting, treating, or using12
267+graywater pursuant to this section:13
268+(c) May collect, treat, and use the graywater in an area that is not14
269+within the jurisdiction of any city, city and county, or county that has15
270+adopted an ordinance or resolution authorizing graywater use pursuant to16
271+section 25-8-205 (1)(g)(II);17
272+ 18
273+SECTION 6. Act subject to petition - effective date. This act19
274+takes effect January 1, 2026; except that, if a referendum petition is filed20
275+pursuant to section 1 (3) of article V of the state constitution against this21
276+act or an item, section, or part of this act within the ninety-day period22
277+after final adjournment of the general assembly, then the act, item,23
278+section, or part will not take effect unless approved by the people at the24
279+general election to be held in November 2024 and, in such case, will take25
280+effect January 1, 2026, or on the date of the official declaration of the26
281+vote thereon by the governor, whichever is later.27
282+1362
283+-8-