Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0362.02 Sarah Lozano x3858
SENATE BILL 24-005
Senate Committees House Committees
Agriculture & Natural Resources
A BILL FOR AN ACT
C
ONCERNING THE CONSERVATION OF WATER IN THE STATE THROUGH101
THE PROHIBITION OF CERT AIN LANDSCAPING PRACTICES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Water Resources and Agriculture Review Committee. On and
after January 1, 2025, the bill prohibits local governments and unit
owners' associations of common interest communities from allowing the
installation, planting, or placement of nonfunctional turf, artificial turf,
or invasive plant species on commercial, institutional, or industrial
property or a transportation corridor. The bill also prohibits the
SENATE SPONSORSHIP
Roberts and Simpson, Bridges, Hinrichsen
HOUSE SPONSORSHIP
McCormick and McLachlan,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. department of personnel from allowing the installation, planting, or
placement of nonfunctional turf, artificial turf, or invasive plant species
as part of a project for the construction or renovation of a state facility,
which project commences on or after January 1, 2025.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 99 to title2
37 as follows:3
ARTICLE 994
Prohibition of Nonfunctional Turf,5
Artificial Turf, and Invasive Plant Species6
37-99-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY7
HEREBY FINDS THAT:8
(a) A
S COLORADO CONTINUES TO GRAPPLE WITH THE IMPACTS OF9
CLIMATE CHANGE, GREEN URBAN SPACES, SUCH AS URBAN TREE CANOPIES,10
ARE A VITAL ADAPTATION TOOL FOR MITIGATING THE IMPACTS OF CLIMATE11
CHANGE, ESPECIALLY FOR MITIGATING THE URBAN HEAT ISLAND EFFECT ,12
WHICH CAN INCREASE ENERGY COSTS, AIR POLLUTION, AND HEAT-RELATED13
ILLNESSES AND DEATHS;14
(b) H
OWEVER, WATER SUPPLY IN THE WESTERN UNITED STATES IS15
UNDER INCREASING PRESSURE DUE TO CLIMATE CHANGE AND INCREASING16
DEMAND;17
(c) M
ANY COMMUNITIES IN THE STATE OVERUSE NONNATIVE18
GRASS FOR LANDSCAPING PURPOSES , WHICH REQUIRES LARGE AMOUNTS19
OF WATER TO MAINTAIN;20
(d) W
HILE THERE ARE APPROPRIATE AND IMPORTANT USES FOR21
TURF, INCLUDING FOR CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES22
SUCH AS USE IN PARKS, SPORTS FIELDS, AND PLAYGROUNDS, MUCH OF THE23
SB24-005-2- TURF IN THE STATE IS NONFUNCTIONAL, LOCATED IN AREAS THAT RECEIVE1
LITTLE, IF ANY, USE, AND COULD BE REPLACED WITH WATER -WISE2
LANDSCAPING WITHOUT ADVERSELY IMPACTING QUALITY OF LIFE OR3
LANDSCAPE FUNCTIONALITY ;4
(e) P
ROHIBITING THE INSTALLATION, PLANTING, OR PLACEMENT OF5
NONFUNCTIONAL TURF IN COMMERCIAL , INSTITUTIONAL, OR INDUSTRIAL6
PROPERTY OR A TRANSPORTATION CORRIDOR IN THE STATE CAN HELP7
CONSERVE THE STATE'S WATER RESOURCES; AND8
(f) A
DDITIONALLY, ARTIFICIAL TURF CAN CAUSE NEGATIVE9
ENVIRONMENTAL IMPACTS, SUCH AS EXACERBATING HEAT ISLAND EFFECTS10
IN URBAN AREAS AND RELEASING HARMFUL CHEMICALS INTO THE11
ENVIRONMENT AND WATERSHEDS .12
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT13
PREVENTING THE INSTALLATION , PLANTING, OR PLACEMENT OF14
NONFUNCTIONAL TURF, ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES IN15
COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL PROPERTY OR A16
TRANSPORTATION CORRIDOR IS:17
(a) A
MATTER OF STATEWIDE CONCERN ; AND18
(b) I
N THE PUBLIC INTEREST.19
37-99-102. Definitions. A
S USED IN THIS ARTICLE 99, UNLESS THE20
CONTEXT OTHERWISE REQUIRES :21
(1) "A
RTIFICIAL TURF" MEANS AN INSTALLATION OF SYNTHETIC22
MATERIALS DEVELOPED TO RESEMBLE NATURAL GRASS .23
(2) "C
OMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL" HAS THE24
MEANING SET FORTH IN SECTION 37-60-135 (2)(b).25
(3) "D
EPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL26
CREATED IN SECTION 24-1-128 (1).27
SB24-005
-3- (4) "INVASIVE PLANT SPECIES" HAS THE MEANING SET FORTH IN1
SECTION 37-60-135 (2)(e).2
(5) "L
OCAL ENTITY" MEANS A:3
(a) H
OME RULE OR STATUTORY CITY, COUNTY, CITY AND COUNTY,4
TERRITORIAL CHARTER CITY, OR TOWN;5
(b) S
PECIAL DISTRICT; AND6
(c) U
NIT OWNERS' ASSOCIATION.7
(6) "M
AINTAIN" OR "MAINTAINING" MEANS AN ACTION TO8
PRESERVE THE EXISTING STATE OF NONFUNCTIONAL TURF , ARTIFICIAL9
TURF, OR INVASIVE PLANT SPECIES THAT HAS ALREADY BEEN INSTALLED ,10
PLANTED, OR PLACED.11
(7) (a) "N
ONFUNCTIONAL TURF" MEANS TURF THAT IS:12
(I) P
REDOMINANTLY ORNAMENTAL ; AND13
(II) L
OCATED IN AN AREA ON , OR ADJACENT TO, A STREET,14
SIDEWALK, DRIVEWAY, PARKING LOT, FRONTAGE AREA, OR MEDIAN THAT15
IS NOT REGULARLY USED FOR CIVIC , COMMUNITY, OR RECREATIONAL16
PURPOSES.17
(b) "N
ONFUNCTIONAL TURF" DOES NOT INCLUDE TURF THAT IS18
LOCATED IN A PARK, SPORTS FIELD, OR PLAYGROUND.19
(8) "S
PECIAL DISTRICT" HAS THE MEANING SET FORTH IN SECTION20
32-1-103
(20).21
(9) "T
URF" HAS THE MEANING SET FORTH IN SECTION 37-60-13522
(2)(i).23
(10) "U
NIT OWNERS' ASSOCIATION" HAS THE MEANING SET FORTH24
IN SECTION 38-33.3-103 (3).25
37-99-103. Prohibition of nonfunctional turf, artificial turf,26
and invasive plant species - local entities - construction or renovation27
SB24-005
-4- of state facilities. (1) O N AND AFTER JANUARY 1, 2025, A LOCAL ENTITY1
SHALL NOT INSTALL, PLANT, OR PLACE, OR ALLOW ANY PERSON TO2
INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF,3
OR INVASIVE PLANT SPECIES ON ANY PORTION OF A COMMERCIAL ,4
INSTITUTIONAL, OR INDUSTRIAL PROPERTY OR A TRANSPORTATION5
CORRIDOR WITHIN THE LOCAL ENTITY 'S JURISDICTION.6
(2) T
HE DEPARTMENT SHALL NOT INSTALL , PLANT, OR PLACE, OR7
ALLOW ANY PERSON TO INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL8
TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES AS PART OF A PROJECT9
FOR THE CONSTRUCTION OR RENOVATION OF A STATE FACILITY , WHICH10
PROJECT COMMENCES ON OR AFTER JANUARY 1, 2025.11
(3) N
OTHING IN THIS SECTION PROHIBITS A LOCAL ENTITY OR THE12
DEPARTMENT FROM:13
(a) M
AINTAINING, OR ALLOWING ANY PERSON TO MAINTAIN , ANY14
NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES15
INSTALLED, PLANTED, OR PLACED BEFORE JANUARY 1, 2025; OR16
(b) I
NSTALLING, OR ALLOWING ANY PERSON TO INSTALL ,17
ARTIFICIAL TURF ON ATHLETIC FIELDS OF PLAY.18
SECTION 2. In Colorado Revised Statutes, 38-33.3-106.5, add19
(3) as follows:20
38-33.3-106.5. Prohibitions contrary to public policy -21
patriotic, political, or religious expression - public rights-of-way - fire22
prevention - renewable energy generation devices - affordable23
housing - drought prevention measures - child care - definitions.24
(3) N
OTWITHSTANDING SUBSECTIONS (1)(i) AND (1)(i.5) OF THIS SECTION,25
AN ASSOCIATION SHALL NOT INSTALL , PLANT, OR PLACE, OR ALLOW ANY26
PERSON TO INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL TURF ,27
SB24-005
-5- ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES, AS THOSE TERMS ARE1
DEFINED IN SECTION 37-99-102, IN A COMMON INTEREST COMMUNITY IN2
A MANNER THAT VIOLATES SECTION 37-99-103.3
SECTION 3. Act subject to petition - effective date -4
applicability. (1) This act takes effect at 12:01 a.m. on the day following5
the expiration of the ninety-day period after final adjournment of the6
general assembly; except that, if a referendum petition is filed pursuant7
to section 1 (3) of article V of the state constitution against this act or an8
item, section, or part of this act within such period, then the act, item,9
section, or part will not take effect unless approved by the people at the10
general election to be held in November 2024 and, in such case, will take11
effect on the date of the official declaration of the vote thereon by the12
governor.13
(2) This act does not apply to projects approved by the department14
of personnel or a local entity before the effective date of this act.15
SB24-005
-6-