Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0362.02 Sarah Lozano x3858
SENATE BILL 24-005
Senate Committees House Committees
Agriculture & Natural Resources Agri culture, Water & 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
HOUSE
3rd Reading Unamended
February 29, 2024
HOUSE
Amended 2nd Reading
February 28, 2024
SENATE
3rd Reading Unamended
January 31, 2024
SENATE
Amended 2nd Reading
January 30, 2024
SENATE SPONSORSHIP
Roberts and Simpson, Bridges, Hinrichsen, Buckner, Cutter, Exum, Fenberg, Fields,
Jaquez Lewis, Marchman, Michaelson Jenet, Priola, Winter F.
HOUSE SPONSORSHIP
McCormick and McLachlan, Amabile, Bacon, Bird, Boesenecker, Brown, Daugherty,
deGruy Kennedy, Duran, Epps, Froelich, Garcia, Herod, Jodeh, Joseph, Kipp, Lieder,
Lindsay, Lukens, Mabrey, Martinez, Marvin, Mauro, McCluskie, Ortiz, Parenti, Rutinel,
Sirota, Snyder, Story, Titone, Valdez, Velasco, Weissman, Willford
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; 2
(b) S
PECIAL
DISTRICT; AND3
(c) METROPOLITAN DISTRICT.4
(10) "M
AINTAIN" OR "MAINTAINING" MEANS AN ACTION TO
5
PRESERVE THE EXISTING STATE OF NONFUNCTIONAL TURF , ARTIFICIAL6
TURF, OR AN INVASIVE PLANT SPECIES THAT HAS ALREADY BEEN7
INSTALLED, PLANTED, OR PLACED.8
(11) "N
ATIVE PLANT" MEANS A PLANT SPECIES THAT IS
9
INDIGENOUS TO THE STATE OF COLORADO.10
(12) "N
EW DEVELOPMENT PROJECT" MEANS A NEW CONSTRUCTION
11
PROJECT THAT REQUIRES A BUILDING OR LANDSCAPING PERMIT , PLAN12
CHECK, OR DESIGN REVIEW.13
(13) (a) "N
ONFUNCTIONAL TURF" MEANS TURF THAT IS NOT
14
FUNCTIONAL TURF.15
(b) "N
ONFUNCTIONAL TURF" INCLUDES TURF LOCATED IN A STREET
16
RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR TRANSPORTATION CORRIDOR .17
(c) "NONFUNCTIONAL TURF" DOES NOT INCLUDE TURF THAT IS18
DESIGNATED TO BE PART OF A WATER QUALITY TREATMENT SOLUTION19
REQUIRED FOR COMPLIANCE WITH FEDERAL , STATE, OR LOCAL AGENCY20
WATER QUALITY PERMITTING REQUIREMENTS THAT IS NOT IRRIGATED AND21
DOES NOT HAVE HERBICIDES APPLIED.22
(14) "R
EDEVELOPMENT PROJECT " MEANS A CONSTRUCTION
23
PROJECT THAT:24
(a) R
EQUIRES A BUILDING OR LANDSCAPING PERMIT , PLAN CHECK,
25
OR DESIGN REVIEW; AND26
(b) R
ESULTS IN A DISTURBANCE OF MORE THAN FIFTY PERCENT OF
27
005
-5- THE AGGREGATE LANDSCAPE AREA .1
(15) "S
PECIAL DISTRICT" HAS THE MEANING SET FORTH IN SECTION
2
32-1-103
(20).
3
(16) "T
RANSPORTATION CORRIDOR " MEANS A TRANSPORTATION
4
SYSTEM THAT INCLUDES ALL MODES AND FACILITIES WITHIN A DESCRIBED5
GEOGRAPHIC AREA, HAVING LENGTH AND WIDTH.6
(17) "T
URF" HAS THE MEANING SET FORTH IN SECTION 37-60-135
7
(2)(i).8
(18) "U
NIT OWNERS' ASSOCIATION" HAS THE MEANING SET FORTH
9
IN SECTION 38-33.3-103 (3).10
(19) "W
ATER-WISE LANDSCAPING" HAS THE MEANING SET FORTH
11
IN SECTION 37-60-135 (2)(l).12
37-99-103. Prohibition of nonfunctional turf, artificial turf,13
and invasive plant species - local entities - construction or renovation14
of state facilities. (1) O
N AND AFTER JANUARY 1, 2026, A LOCAL ENTITY
15
SHALL NOT INSTALL, PLANT, OR PLACE, OR ALLOW ANY PERSON TO16
INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF,17
OR INVASIVE PLANT SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT18
OR REDEVELOPMENT PROJECT , ON ANY PORTION OF APPLICABLE PROPERTY19
WITHIN THE LOCAL ENTITY'S JURISDICTION.20
(2) O
N OR BEFORE JANUARY 1, 2026, A LOCAL ENTITY SHALL
21
ENACT OR AMEND ORDINANCES , RESOLUTIONS, REGULATIONS, OR OTHER22
LAWS REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT23
PROJECTS ON APPLICABLE PROPERTY IN ACCORDANCE WITH THE24
REQUIREMENTS OF THIS SECTION.25
(3) T
HE DEPARTMENT SHALL NOT INSTALL , PLANT, OR PLACE, OR
26
ALLOW ANY PERSON TO INSTALL, PLANT, OR PLACE, ANY NONFUNCTIONAL27
005
-6- TURF, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES AS PART OF A PROJECT1
FOR THE CONSTRUCTION OR RENOVATION OF A STATE FACILITY , WHICH2
PROJECT DESIGN COMMENCES ON OR AFTER JANUARY 1, 2025.3
(4) N
OTHING IN THIS SECTION PROHIBITS:
4
(a) A
LOCAL ENTITY FROM MAINTAINING , OR ALLOWING ANY
5
PERSON TO MAINTAIN, ANY NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR6
INVASIVE PLANT SPECIES INSTALLED , PLANTED, OR PLACED BEFORE7
J
ANUARY 1, 2026;
8
(b) T
HE DEPARTMENT FROM MAINTAINING , OR ALLOWING ANY
9
PERSON TO MAINTAIN, ANY NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR10
INVASIVE PLANT SPECIES INSTALLED, PLANTED, OR PLACED AT A STATE11
FACILITY BEFORE JANUARY 1, 2025;12
(c) A
LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING , OR
13
ALLOWING ANY PERSON TO INSTALL, GRASS SEED OR SOD THAT IS A NATIVE14
PLANT OR HAS BEEN HYBRIDIZED FOR ARID CONDITIONS ;15
(d) A
LOCAL ENTITY OR THE DEPARTMENT FROM ESTABLISHING
16
PROHIBITIONS ON, OR REQUIREMENTS FOR , NONFUNCTIONAL TURF ,17
ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES THAT ARE MORE STRINGENT18
THAN THE REQUIREMENTS OF THIS SECTION ; OR19
(e) A
LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING , OR
20
ALLOWING ANY PERSON TO INSTALL, ARTIFICIAL TURF ON ATHLETIC FIELDS21
OF PLAY.22
SECTION 2. Act subject to petition - effective date -23
applicability. (1) This act takes effect at 12:01 a.m. on the day following24
the expiration of the ninety-day period after final adjournment of the25
general assembly; except that, if a referendum petition is filed pursuant26
to section 1 (3) of article V of the state constitution against this act or an27
005
-7- item, section, or part of this act within such period, then the act, item,1
section, or part will not take effect unless approved by the people at the2
general election to be held in November 2024 and, in such case, will take3
effect on the date of the official declaration of the vote thereon by the4
governor.5
(2) This act does not apply to projects approved by the department6
of personnel or a local entity before the effective date of this act.7
005
-8-