Colorado 2024 Regular Session

Colorado House Bill HB1362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	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
1	8		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
12	13		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
18	67		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
32	74		(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
37	78		(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
46	86		(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
79	109		(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
104	127		(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
116	138		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
122	173		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
124	199		(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-