SENATE BILL 24-005
BY SENATOR(S) Roberts and Simpson, Bridges, Hinrichsen, Buckner,
Cutter, Exum, Fields, Jaquez Lewis, Marchman, Michaelson Jenet, Priola,
Winter F., Fenberg;
also REPRESENTATIVE(S) 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, Ortiz, Parenti, Rutinel, Sirota, Snyder,
Story, Titone, Valdez, Velasco, Weissman, Willford, McCluskie.
C
ONCERNING THE CONSERVATION OF WATER IN THE STATE THROUGH THE
PROHIBITION OF CERTAIN LANDSCAPING PRACTICES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 99 to title
37 as follows:
ARTICLE 99
Prohibition of Nonfunctional Turf,
Artificial Turf, and Invasive Plant Species
37-99-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. FINDS THAT:
(a) A
S COLORADO CONTINUES TO GRAPPLE WITH THE IMPACTS OF
CLIMATE CHANGE
, GREEN URBAN SPACES, SUCH AS URBAN TREE CANOPIES,
ARE A VITAL ADAPTATION TOOL FOR MITIGATING THE IMPACTS OF CLIMATE
CHANGE
, ESPECIALLY FOR MITIGATING THE URBAN HEAT ISLAND EFFECT ,
WHICH CAN INCREASE ENERGY COSTS , AIR POLLUTION, AND HEAT-RELATED
ILLNESSES AND DEATHS
;
(b) H
OWEVER, WATER SUPPLY IN THE WESTERN UNITED STATES IS
UNDER INCREASING PRESSURE DUE TO CLIMATE CHANGE AND INCREASING
DEMAND
;
(c) M
ANY COMMUNITIES IN THE STATE OVERUSE NONNATIVE GRASS
FOR LANDSCAPING PURPOSES
, WHICH REQUIRES LARGE AMOUNTS OF WATER
TO MAINTAIN
;
(d) W
HILE THERE ARE APPROPRIATE AND IMPORTANT USES FOR TURF ,
INCLUDING FOR CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES SUCH AS
USE IN PARKS
, SPORTS FIELDS, AND PLAYGROUNDS, MUCH OF THE TURF IN
THE STATE IS NONFUNCTIONAL
, LOCATED IN AREAS THAT RECEIVE LITTLE, IF
ANY
, USE, AND COULD BE REPLACED WITH LANDSCAPING THAT ADHERES TO
WATER
-WISE LANDSCAPING PRINCIPLES WITHOUT ADVERSELY IMPACTING
QUALITY OF LIFE OR LANDSCAPE FUNCTIONALITY
;
(e) P
ROHIBITING THE INSTALLATION, PLANTING, OR PLACEMENT OF
NONFUNCTIONAL TURF IN APPLICABLE PROPERTY IN THE STATE CAN HELP
CONSERVE THE STATE
'S WATER RESOURCES;
(f) I
NSTALLED VEGETATION THAT ADHERES TO WATER -WISE
LANDSCAPING PRINCIPLES CAN HELP REDUCE OUTDOOR DEMAND OF WATER
;
AND
(g) ADDITIONALLY, ARTIFICIAL TURF CAN CAUSE NEGATIVE
ENVIRONMENTAL IMPACTS
, SUCH AS EXACERBATING HEAT ISLAND EFFECTS
IN URBAN AREAS AND RELEASING HARMFUL CHEMICALS
, INCLUDING
PLASTICS
, MICROPLASTICS, AND PERFLUOROALKYL AND POLYFLUOROALKYL
CHEMICALS
, INTO THE ENVIRONMENT AND WATERSHEDS .
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT
PAGE 2-SENATE BILL 24-005 PREVENTING THE INSTALLATION , PLANTING, OR PLACEMENT OF
NONFUNCTIONAL TURF
, ARTIFICIAL TURF, AND INVASIVE PLANT SPECIES IN
APPLICABLE PROPERTY IN THE STATE IS
:
(a) A
MATTER OF STATEWIDE CONCERN ; AND
(b) IN THE PUBLIC INTEREST.
37-99-102. Definitions. A
S USED IN THIS ARTICLE 99, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) (a) "A
PPLICABLE PROPERTY" MEANS:
(I) C
OMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL PROPERTY;
(II) C
OMMON INTEREST COMMUNITY PROPERTY ; OR
(III) A STREET RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR
TRANSPORTATION CORRIDOR
.
(b) "A
PPLICABLE PROPERTY" DOES NOT INCLUDE RESIDENTIAL
PROPERTY
.
(2) "A
RTIFICIAL TURF" MEANS AN INSTALLATION OF SYNTHETIC
MATERIALS DEVELOPED TO RESEMBLE NATURAL GRASS
.
(3) "C
OMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL" HAS THE
MEANING SET FORTH IN SECTION
37-60-135 (2)(b).
(4) "C
OMMON INTEREST COMMUNITY " HAS THE MEANING SET FORTH
IN SECTION
38-33.3-103 (8).
(5) "C
OMMON INTEREST COMMUNITY PROPERTY " MEANS PROPERTY
WITHIN A COMMON INTEREST COMMUNITY THAT IS OWNED AND MAINTAINED
BY A UNIT OWNERS
' ASSOCIATION, SUCH AS ENTRYWAYS, PARKS, AND OTHER
COMMON ELEMENTS AS DEFINED IN SECTION
38-33.3-103 (5).
(6) "D
EPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL
CREATED IN SECTION
24-1-128 (1).
PAGE 3-SENATE BILL 24-005 (7) "FUNCTIONAL TURF" MEANS TURF THAT IS LOCATED IN A
RECREATIONAL USE AREA OR OTHER SPACE THAT IS REGULARLY USED FOR
CIVIC
, COMMUNITY, OR RECREATIONAL PURPOSES , WHICH MAY INCLUDE
PLAYGROUNDS
; SPORTS FIELDS; PICNIC GROUNDS; AMPHITHEATERS;
PORTIONS OF PARKS; AND THE PLAYING AREAS OF GOLF COURSES , SUCH AS
DRIVING RANGES
, CHIPPING AND PUTTING GREENS , TEE BOXES, GREENS,
FAIRWAYS, AND ROUGHS.
(8) "I
NVASIVE PLANT SPECIES" HAS THE MEANING SET FORTH IN
SECTION
37-60-135 (2)(e).
(9) "L
OCAL ENTITY" MEANS A:
(a) H
OME RULE OR STATUTORY CITY , COUNTY, CITY AND COUNTY,
TERRITORIAL CHARTER CITY, OR TOWN;
(b) S
PECIAL DISTRICT; AND
(c) METROPOLITAN DISTRICT.
(10) "M
AINTAIN" OR "MAINTAINING" MEANS AN ACTION TO
PRESERVE THE EXISTING STATE OF NONFUNCTIONAL TURF
, ARTIFICIAL TURF,
OR AN INVASIVE PLANT SPECIES THAT HAS ALREADY BEEN INSTALLED ,
PLANTED, OR PLACED.
(11) "N
ATIVE PLANT" MEANS A PLANT SPECIES THAT IS INDIGENOUS
TO THE STATE OF
COLORADO.
(12) "N
EW DEVELOPMENT PROJECT " MEANS A NEW CONSTRUCTION
PROJECT THAT REQUIRES A BUILDING OR LANDSCAPING PERMIT
, PLAN CHECK,
OR DESIGN REVIEW.
(13) (a) "N
ONFUNCTIONAL TURF" MEANS TURF THAT IS NOT
FUNCTIONAL TURF
.
(b) "N
ONFUNCTIONAL TURF" INCLUDES TURF LOCATED IN A STREET
RIGHT
-OF-WAY, PARKING LOT, MEDIAN, OR TRANSPORTATION CORRIDOR .
(c) "N
ONFUNCTIONAL TURF" DOES NOT INCLUDE TURF THAT IS
DESIGNATED TO BE PART OF A WATER QUALITY TREATMENT SOLUTION
PAGE 4-SENATE BILL 24-005 REQUIRED FOR COMPLIANCE WITH FEDERAL , STATE, OR LOCAL AGENCY
WATER QUALITY PERMITTING REQUIREMENTS THAT IS NOT IRRIGATED AND
DOES NOT HAVE HERBICIDES APPLIED
.
(14) "R
EDEVELOPMENT PROJECT" MEANS A CONSTRUCTION PROJECT
THAT
:
(a) R
EQUIRES A BUILDING OR LANDSCAPING PERMIT, PLAN CHECK, OR
DESIGN REVIEW
; AND
(b) RESULTS IN A DISTURBANCE OF MORE THAN FIFTY PERCENT OF
THE AGGREGATE LANDSCAPE AREA
.
(15) "S
PECIAL DISTRICT" HAS THE MEANING SET FORTH IN SECTION
32-1-103 (20).
(16) "T
RANSPORTATION CORRIDOR " MEANS A TRANSPORTATION
SYSTEM THAT INCLUDES ALL MODES AND FACILITIES WITHIN A DESCRIBED
GEOGRAPHIC AREA
, HAVING LENGTH AND WIDTH.
(17) "T
URF" HAS THE MEANING SET FORTH IN SECTION 37-60-135
(2)(i).
(18) "U
NIT OWNERS' ASSOCIATION" HAS THE MEANING SET FORTH IN
SECTION
38-33.3-103 (3).
(19) "W
ATER-WISE LANDSCAPING" HAS THE MEANING SET FORTH IN
SECTION
37-60-135 (2)(l).
37-99-103. Prohibition of nonfunctional turf, artificial turf, and
invasive plant species - local entities - construction or renovation of
state facilities. (1) O
N AND AFTER JANUARY 1, 2026, A LOCAL ENTITY
SHALL NOT INSTALL
, PLANT, OR PLACE, OR ALLOW ANY PERSON TO INSTALL,
PLANT, OR PLACE, ANY NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR
INVASIVE PLANT SPECIES
, AS PART OF A NEW DEVELOPMENT PROJECT OR
REDEVELOPMENT PROJECT
, ON ANY PORTION OF APPLICABLE PROPERTY
WITHIN THE LOCAL ENTITY
'S JURISDICTION.
(2) O
N OR BEFORE JANUARY 1, 2026, A LOCAL ENTITY SHALL ENACT
OR AMEND ORDINANCES
, RESOLUTIONS, REGULATIONS, OR OTHER LAWS
PAGE 5-SENATE BILL 24-005 REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS
ON APPLICABLE PROPERTY IN ACCORDANCE WITH THE REQUIREMENTS OF
THIS SECTION
.
(3) T
HE DEPARTMENT SHALL NOT INSTALL , PLANT, OR PLACE, OR
ALLOW ANY PERSON TO INSTALL
, PLANT, OR PLACE, ANY NONFUNCTIONAL
TURF
, ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES AS PART OF A PROJECT
FOR THE CONSTRUCTION OR RENOVATION OF A STATE FACILITY
, WHICH
PROJECT DESIGN COMMENCES ON OR AFTER
JANUARY 1, 2025.
(4) N
OTHING IN THIS SECTION PROHIBITS:
(a) A
LOCAL ENTITY FROM MAINTAINING, OR ALLOWING ANY PERSON
TO MAINTAIN
, ANY NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR INVASIVE
PLANT SPECIES INSTALLED
, PLANTED, OR PLACED BEFORE JANUARY 1, 2026;
(b) T
HE DEPARTMENT FROM MAINTAINING , OR ALLOWING ANY
PERSON TO MAINTAIN
, ANY NONFUNCTIONAL TURF , ARTIFICIAL TURF, OR
INVASIVE PLANT SPECIES INSTALLED
, PLANTED, OR PLACED AT A STATE
FACILITY BEFORE
JANUARY 1, 2025;
(c) A
LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING , OR
ALLOWING ANY PERSON TO INSTALL
, GRASS SEED OR SOD THAT IS A NATIVE
PLANT OR HAS BEEN HYBRIDIZED FOR ARID CONDITIONS
;
(d) A
LOCAL ENTITY OR THE DEPARTMENT FROM ESTABLISHING
PROHIBITIONS ON
, OR REQUIREMENTS FOR , NONFUNCTIONAL TURF ,
ARTIFICIAL TURF, OR INVASIVE PLANT SPECIES THAT ARE MORE STRINGENT
THAN THE REQUIREMENTS OF THIS SECTION
; OR
(e) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING , OR
ALLOWING ANY PERSON TO INSTALL
, ARTIFICIAL TURF ON ATHLETIC FIELDS
OF PLAY
.
SECTION 2. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
PAGE 6-SENATE BILL 24-005 part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
(2) This act does not apply to projects approved by the department
of personnel or a local entity before the effective date of this act.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 24-005