Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
January 30, 2024
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 title
2
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 ASSEMBLY
7
FINDS THAT:8
(a) A
S COLORADO CONTINUES TO GRAPPLE WITH THE IMPACTS OF
9
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 IS
15
UNDER INCREASING PRESSURE DUE TO CLIMATE CHANGE AND INCREASING16
DEMAND;17
(c) M
ANY COMMUNITIES IN THE STATE OVERUSE NONNATIVE
18
GRASS FOR LANDSCAPING PURPOSES , WHICH REQUIRES LARGE AMOUNTS19
OF WATER TO MAINTAIN;20
(d) W
HILE THERE ARE APPROPRIATE AND IMPORTANT USES FOR
21
TURF, INCLUDING FOR CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES22
SUCH AS USE IN PARKS, SPORTS FIELDS, AND PLAYGROUNDS, MUCH OF THE23
005-2- TURF IN THE STATE IS NONFUNCTIONAL, LOCATED IN AREAS THAT RECEIVE1
LITTLE, IF ANY, USE, AND COULD BE REPLACED WITH LANDSCAPING THAT2
ADHERES TO WATER-WISE LANDSCAPING PRINCIPLES WITHOUT ADVERSELY3
IMPACTING QUALITY OF LIFE OR LANDSCAPE FUNCTIONALITY ;4
(e) P
ROHIBITING THE INSTALLATION, PLANTING, OR PLACEMENT OF
5
NONFUNCTIONAL TURF IN APPLICABLE PROPERTY IN THE STATE CAN HELP6
CONSERVE THE STATE'S WATER RESOURCES;7
(f) I
NSTALLED VEGETATION THAT ADHERES TO WATER -WISE
8
LANDSCAPING PRINCIPLES CAN HELP REDUCE OUTDOOR DEMAND OF9
WATER; AND10
(g) A
DDITIONALLY, ARTIFICIAL TURF CAN CAUSE NEGATIVE
11
ENVIRONMENTAL IMPACTS, SUCH AS EXACERBATING HEAT ISLAND EFFECTS12
IN URBAN AREAS AND RELEASING HARMFUL CHEMICALS , INCLUDING13
PLASTICS, MICROPLASTICS , AND PERFLUOROALKYL AND14
POLYFLUOROALKYL CHEMICALS , INTO THE ENVIRONMENT AND15
WATERSHEDS.16
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT
17
PREVENTING THE INSTALLATION , PLANTING, OR PLACEMENT OF18
NONFUNCTIONAL TURF, ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES IN19
APPLICABLE PROPERTY IN THE STATE IS:20
(a) A
MATTER OF STATEWIDE CONCERN ; AND
21
(b) I
N THE PUBLIC INTEREST.
22
37-99-102. Definitions. A
S USED IN THIS ARTICLE 99, UNLESS THE
23
CONTEXT OTHERWISE REQUIRES :24
(1) (a) "A
PPLICABLE PROPERTY" MEANS:
25
(I) C
OMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL PROPERTY;
26
(II) C
OMMON INTEREST COMMUNITY PROPERTY ; OR
27
005
-3- (III) A STREET RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR1
TRANSPORTATION CORRIDOR .2
(b) "A
PPLICABLE PROPERTY" DOES NOT INCLUDE RESIDENTIAL
3
PROPERTY.4
(2) "A
RTIFICIAL TURF" MEANS AN INSTALLATION OF SYNTHETIC
5
MATERIALS DEVELOPED TO RESEMBLE NATURAL GRASS .6
(3) "C
OMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL" HAS THE
7
MEANING SET FORTH IN SECTION 37-60-135 (2)(b).8
(4) "C
OMMON INTEREST COMMUNITY " HAS THE MEANING SET
9
FORTH IN SECTION 38-33.3-103 (8).10
(5) "C
OMMON INTEREST COMMUNITY PROPERTY " MEANS
11
PROPERTY WITHIN A COMMON INTEREST COMMUNITY THAT IS OWNED AND12
MAINTAINED BY A UNIT OWNERS ' ASSOCIATION, SUCH AS ENTRYWAYS,13
PARKS, AND OTHER COMMON ELEMENTS AS DEFINED IN SECTION14
38-33.3-103
(5).
15
(6) "D
EPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL
16
CREATED IN SECTION 24-1-128 (1).17
(7) "F
UNCTIONAL TURF" MEANS TURF THAT IS LOCATED IN A
18
RECREATIONAL USE AREA OR OTHER SPACE THAT IS REGULARLY USED FOR19
CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES, WHICH MAY INCLUDE20
PLAYGROUNDS; SPORTS FIELDS; PICNIC GROUNDS; AMPHITHEATERS;21
PORTIONS OF PARKS; AND THE PLAYING AREAS OF GOLF COURSES, SUCH AS22
DRIVING RANGES, CHIPPING AND PUTTING GREENS, TEE BOXES, GREENS,23
FAIRWAYS, AND ROUGHS.24
(8) "I
NVASIVE PLANT SPECIES" HAS THE MEANING SET FORTH IN
25
SECTION 37-60-135 (2)(e).26
(9) "L
OCAL ENTITY" MEANS A:
27
005
-4- (a) HOME RULE OR STATUTORY CITY, COUNTY, CITY AND COUNTY,1
TERRITORIAL CHARTER CITY, OR TOWN; AND2
(b) S
PECIAL DISTRICT.
3
(10) "M
AINTAIN" OR "MAINTAINING" MEANS AN ACTION TO
4
PRESERVE THE EXISTING STATE OF NONFUNCTIONAL TURF , ARTIFICIAL5
TURF, OR AN INVASIVE PLANT SPECIES THAT HAS ALREADY BEEN6
INSTALLED, PLANTED, OR PLACED.7
(11) "N
ATIVE PLANT" MEANS A PLANT SPECIES THAT IS
8
INDIGENOUS TO THE STATE OF COLORADO.9
(12) "N
EW DEVELOPMENT PROJECT" MEANS A NEW CONSTRUCTION
10
PROJECT THAT REQUIRES A BUILDING OR LANDSCAPING PERMIT , PLAN11
CHECK, OR DESIGN REVIEW.12
(13) (a) "N
ONFUNCTIONAL TURF" MEANS TURF THAT IS NOT
13
FUNCTIONAL TURF.14
(b) "N
ONFUNCTIONAL TURF" INCLUDES TURF LOCATED IN A STREET
15
RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR TRANSPORTATION CORRIDOR .16
(14) "R
EDEVELOPMENT PROJECT " MEANS A CONSTRUCTION
17
PROJECT THAT:18
(a) R
EQUIRES A BUILDING OR LANDSCAPING PERMIT , PLAN CHECK,
19
OR DESIGN REVIEW; AND20
(b) R
ESULTS IN A DISTURBANCE OF MORE THAN FIFTY PERCENT OF
21
THE AGGREGATE LANDSCAPE AREA .22
(15) "S
PECIAL DISTRICT" HAS THE MEANING SET FORTH IN SECTION
23
32-1-103
(20).
24
(16) "T
RANSPORTATION CORRIDOR " MEANS A TRANSPORTATION
25
SYSTEM THAT INCLUDES ALL MODES AND FACILITIES WITHIN A DESCRIBED26
GEOGRAPHIC AREA, HAVING LENGTH AND WIDTH.27
005
-5- (17) "TURF" HAS THE MEANING SET FORTH IN SECTION 37-60-1351
(2)(i).2
(18) "U
NIT OWNERS' ASSOCIATION" HAS THE MEANING SET FORTH
3
IN SECTION 38-33.3-103 (3).4
(19) "W
ATER-WISE LANDSCAPING" HAS THE MEANING SET FORTH
5
IN SECTION 37-60-135 (2)(l).6
37-99-103. Prohibition of nonfunctional turf, artificial turf,7
and invasive plant species - local entities - construction or renovation8
of state facilities. (1) O
N AND AFTER JANUARY 1, 2026, A LOCAL ENTITY
9
SHALL NOT INSTALL, PLANT, OR PLACE, OR ALLOW ANY PERSON TO10
INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF,11
OR INVASIVE PLANT SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT12
OR REDEVELOPMENT PROJECT , ON ANY PORTION OF APPLICABLE PROPERTY13
WITHIN THE LOCAL ENTITY'S JURISDICTION.14
(2) O
N OR BEFORE JANUARY 1, 2026, A LOCAL ENTITY SHALL
15
ENACT OR AMEND ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER16
LAWS REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT17
PROJECTS ON APPLICABLE PROPERTY IN ACCORDANCE WITH THE18
REQUIREMENTS OF THIS SECTION.19
(3) T
HE DEPARTMENT SHALL NOT INSTALL , PLANT, OR PLACE, OR
20
ALLOW ANY PERSON TO INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL21
TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES AS PART OF A PROJECT22
FOR THE CONSTRUCTION OR RENOVATION OF A STATE FACILITY , WHICH23
PROJECT COMMENCES ON OR AFTER JANUARY 1, 2025.24
(4) N
OTHING IN THIS SECTION PROHIBITS:
25
(a) A
LOCAL ENTITY FROM MAINTAINING , OR ALLOWING ANY
26
PERSON TO MAINTAIN, ANY NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR27
005
-6- INVASIVE PLANT SPECIES INSTALLED , PLANTED, OR PLACED BEFORE1
J
ANUARY 1, 2026;
2
(b) T
HE DEPARTMENT FROM MAINTAINING , OR ALLOWING ANY
3
PERSON TO MAINTAIN, ANY NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR4
INVASIVE PLANT SPECIES INSTALLED, PLANTED, OR PLACED AT A STATE5
FACILITY BEFORE JANUARY 1, 2025;6
(c) A
LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING , OR
7
ALLOWING ANY PERSON TO INSTALL, GRASS SEED OR SOD THAT IS A NATIVE8
PLANT OR HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ;9
(d) A
LOCAL ENTITY OR THE DEPARTMENT FROM ESTABLISHING
10
PROHIBITIONS ON, OR REQUIREMENTS FOR , NONFUNCTIONAL TURF ,11
ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES THAT ARE MORE STRINGENT12
THAN THE REQUIREMENTS OF THIS SECTION ; OR13
(e) A
LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING , OR
14
ALLOWING ANY PERSON TO INSTALL, ARTIFICIAL TURF ON ATHLETIC FIELDS15
OF PLAY.16
SECTION 2. Act subject to petition - effective date -17
applicability. (1) This act takes effect at 12:01 a.m. on the day following18
the expiration of the ninety-day period after final adjournment of the19
general assembly; except that, if a referendum petition is filed pursuant20
to section 1 (3) of article V of the state constitution against this act or an21
item, section, or part of this act within such period, then the act, item,22
section, or part will not take effect unless approved by the people at the23
general election to be held in November 2024 and, in such case, will take24
effect on the date of the official declaration of the vote thereon by the25
governor.26
005
-7- (2) This act does not apply to projects approved by the department1
of personnel or a local entity before the effective date of this act.2
005
-8-