Colorado 2024 Regular Session

Colorado Senate Bill SB037 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	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 24-0365.01 Jennifer Berman x3286
1	8		SENATE BILL 24-037
2		-	BY SENATOR(S) Simpson and Bridges, Hinrichsen, Roberts, Cutter,
3		-	Kolker, Marchman, Pelton R., Priola, Will;
4		-	also REPRESENTATIVE(S) Lynch and McCormick, Catlin, Martinez,
5		-	McLachlan, Amabile, Bacon, Bird, Brown, Daugherty, Duran, Epps,
6		-	Froelich, Hamrick, Jodeh, Joseph, Kipp, Lindsay, Lindstedt, Lukens,
7		-	Mabrey, Mauro, Ortiz, Rutinel, Sirota, Woodrow, Young, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Agriculture & Natural Resources Agri culture, Water & Natural Resources
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
8	13		C
9		-	ONCERNING ALTERNATIVE MECHANISMS FOR ACHIEVING COMPLIANCE
10		-	WITH WATER QUALITY ST ANDARDS
11		-	, AND, IN CONNECTION
12		-	THEREWITH
13		-	, MAKING AN APPROPRIATION.
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, add 25-8-311 as
16		-	follows:
17		-	25-8-311. Water quality green infrastructure - feasibility studies
18		-	- pilot projects - division collaboration with universities - legislative
19		-	declaration - definitions - reports - gifts, grants, or donations - repeal.
20		-	(1) (a) T
21		-	HE GENERAL ASSEMBLY FINDS AND DETERMINES THAT GREEN
22		-	INFRASTRUCTURE MAY PROVIDE SIGNIFICANT BENEFITS TO WATER AND
23		-	WASTEWATER PROVIDERS AND WATER USERS IN
24		-	COLORADO BY:
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (I) SUPPORTING COST-EFFECTIVE, HOLISTIC SOLUTIONS FOR THE
33		-	ATTAINMENT OF WATER QUALITY STANDARDS
34		-	;
	14	+	ONCERNING ALTERNATIVE MECHANISMS FOR ACHIEVING101
	15	+	COMPLIANCE WITH WATER QUALITY STANDARDS , AND, IN
	16	+	102
	17	+	CONNECTION THEREWITH , MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov/
	24	+	.)
	25	+	Water Resources and Agriculture Review Committee. The bill
	26	+	requires the division of administration (division) in the department of
	27	+	public health and environment (department), in collaboration with the
	28	+	university of Colorado's Mortenson center in global engineering and
	29	+	resilience and the Colorado water institute located within Colorado state
	30	+	HOUSE
	31	+	2nd Reading Unamended
	32	+	May 2, 2024
	33	+	SENATE
	34	+	3rd Reading Unamended
	35	+	April 17, 2024
	36	+	SENATE
	37	+	Amended 2nd Reading
	38	+	April 16, 2024
	39	+	SENATE SPONSORSHIP
	40	+	Simpson and Bridges, Hinrichsen, Roberts, Cutter, Kolker, Marchman, Pelton R., Priola,
	41	+	Will
	42	+	HOUSE SPONSORSHIP
	43	+	Lynch and McCormick, Catlin, Martinez, McLachlan
	44	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	45	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	46	+	Dashes through the words or numbers indicate deletions from existing law. university, to:
	47	+	! Conduct a feasibility study of the use of green
	48	+	infrastructure, which refers to nature-based,
	49	+	watershed-scale water quality management solutions that
	50	+	are an alternative to traditional gray infrastructure, which
	51	+	refers to centralized water treatment facilities, and the use
	52	+	of green financing mechanisms for water quality
	53	+	management;
	54	+	! Establish one or more pilot projects in the state to
	55	+	demonstrate the use of green infrastructure, green financing
	56	+	mechanisms, or both;
	57	+	! Adopt rules establishing a prepermit baseline date to assist
	58	+	municipalities and other water providers to pursue
	59	+	prepermit solutions for compliance with state and federal
	60	+	water quality standards; and
	61	+	! Submit a report and present to the water resources and
	62	+	agriculture review committee on the progress of the
	63	+	feasibility study and any pilot projects and on any
	64	+	legislative and administrative recommendations to promote
	65	+	the use of green infrastructure and green financing
	66	+	mechanisms for water quality management in the state.
	67	+	Be it enacted by the General Assembly of the State of Colorado:1
	68	+	SECTION 1. In Colorado Revised Statutes, add 25-8-311 as2
	69	+	follows:3
	70	+	25-8-311. Water quality green infrastructure - feasibility4
	71	+	studies - pilot projects - division collaboration with universities -5
	72	+	legislative declaration - definitions -
	73	+	reports - gifts, grants, or6
	74	+	donations - repeal. (1) (a) T
	75	+	HE GENERAL ASSEMBLY FINDS AND7
	76	+	DETERMINES THAT GREEN INFRASTRUCTURE MAY PROVIDE SIGNIFICANT8
	77	+	BENEFITS TO WATER AND WASTEWATER
	78	+	PROVIDERS AND WATER USERS IN9
	79	+	C
	80	+	OLORADO BY:10
	81	+	(I) S
	82	+	UPPORTING COST-EFFECTIVE, HOLISTIC SOLUTIONS FOR THE11
	83	+	ATTAINMENT OF WATER QUALITY STANDARDS ;12
35	84		(II) I
36		-	N FURTHERANCE OF THE COLORADO POLLUTANT TRADING
37		-	POLICY
38		-	, HELPING OWNERS AND OPERATORS OF WATER AND WASTEWATER
39		-	TREATMENT FACILITIES MEET STATE AND FEDERAL WATER QUALITY
40		-	STANDARDS WITHOUT HAVING TO INVEST IN GRAY INFRASTRUCTURE
41		-	UPGRADES
42		-	; AND
43		-	(III) TO FINANCE THE MONITORING, MANAGEMENT, CONSERVATION,
44		-	AND WATER QUALITY IMPROVEMENT OF BOTH SURFACE AND GROUNDWATER
45		-	IN THE STATE
46		-	, CONNECTING OPERATORS OF WATER AND WASTEWATER
47		-	TREATMENT FACILITIES WITH NEW
48		-	, CLIMATE-FOCUSED SOURCES OF
49		-	FINANCING AND CAPITAL
50		-	, INCLUDING CARBON CREDITS AND WILDFIRE
51		-	MITIGATION INVESTMENTS
52		-	.
	85	+	N FURTHERANCE OF THE COLORADO POLLUTANT TRADING13
	86	+	037-2- POLICY, HELPING OWNERS AND OPERATORS OF WATER AND WASTEWATER1
	87	+	TREATMENT FACILITIES MEET STATE AND FEDERAL WATER QUALITY2
	88	+	STANDARDS WITHOUT HAVING TO INVEST IN GRAY INFRASTRUCTURE3
	89	+	UPGRADES; AND4
	90	+	(III) T
	91	+	O FINANCE THE MONITORING , MANAGEMENT ,5
	92	+	CONSERVATION,
	93	+	AND WATER QUALITY IMPROVEMENT OF BOTH6
	94	+	SURFACE AND GROUNDWATER IN THE STATE , CONNECTING OPERATORS OF7
	95	+	WATER AND WASTEWATER TREATMENT FACILITIES WITH NEW ,8
	96	+	CLIMATE-FOCUSED SOURCES OF FINANCING AND CAPITAL , INCLUDING9
	97	+	CARBON CREDITS AND WILDFIRE MITIGATION INVESTMENTS .10
53	98		(b) T
54		-	HE GENERAL ASSEMBLY DECLARES THAT :
	99	+	HE GENERAL ASSEMBLY DECLARES THAT :11
55	100		(I) T
56	101		HE UNIVERSITY OF COLORADO AND COLORADO STATE
57		-	UNIVERSITY SHOULD CONDUCT
58		-	, AND THE DIVISION MAY ADVISE ON , A
59		-	FEASIBILITY STUDY REGARDING THE USE OF GREEN INFRASTRUCTURE AND
60		-	DEVELOP PILOT PROJECTS TO DEMONSTRATE GREEN INFRASTRUCTURE IN
61		-	COLORADO; AND
62		-	(II) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE
63		-	OR ENCOURAGE SPECULATION IN THE DEVELOPMENT OF A WATER RIGHT
64		-	, AS
65		-	DEFINED IN SECTION
66		-	37-92-103 (12), OR ANY VIOLATION OF:
	102	+	12
	103	+	UNIVERSITY SHOULD CONDUCT , AND THE DIVISION MAY ADVISE ON , A13
	104	+	FEASIBILITY STUDY REGARDING THE USE OF GREEN INFRASTRUCTURE AND14
	105	+	DEVELOP PILOT PROJECTS TO DEMONSTRATE GREEN INFRASTRUCTURE IN15
	106	+	C
	107	+	OLORADO; AND16
	108	+	(II) N
	109	+	OTHING IN THIS SECTION SHALL BE CONSTRUED TO17
	110	+	AUTHORIZE OR ENCOURAGE SPECULATION IN THE DEVELOPMENT OF A18
	111	+	WATER RIGHT, AS DEFINED IN SECTION 37-92-103 (12), OR ANY VIOLATION19
	112	+	OF:20
67	113		(A) T
68		-	HE "WATER RIGHT DETERMINATION AND ADMINISTRATION
69		-	ACT OF 1969", ARTICLE 92 OF TITLE 37;
	114	+	HE "WATER RIGHT DETERMINATION AND ADMINISTRATION21
	115	+	A
	116	+	CT OF 1969", ARTICLE 92 OF TITLE 37;22
70	117		(B) A
71		-	COURT DECREE ESTABLISHING WATER RIGHTS OR CONDITIONAL
72		-	WATER RIGHTS PURSUANT TO SECTION
73		-	37-92-301;
	118	+	COURT DECREE ESTABLISHING WATER RIGHTS OR23
	119	+	CONDITIONAL WATER RIGHTS PURSUANT TO SECTION 37-92-301;24
74	120		(C) A
75		-	WELL PERMIT FOR USE OF UNDERGROUND WATER , AS DEFINED
76		-	IN SECTION
77		-	37-92-103 (11), ISSUED PURSUANT TO ARTICLE 90 OF TITLE 37;
78		-	(D) A
79		-	SUBSTITUTE WATER SUPPLY PLAN APPROVED PURSUANT TO
80		-	SECTION
81		-	37-92-308; OR
82		-	PAGE 2-SENATE BILL 24-037 (E) AN INTERRUPTIBLE WATER SUPPLY AGREEMENT APPROVED
83		-	PURSUANT TO SECTION
84		-	37-92-309.
	121	+	WELL PERMIT FOR USE OF UNDERGROUND WATER , AS25
	122	+	DEFINED IN SECTION 37-92-103 (11), ISSUED PURSUANT TO ARTICLE 90 OF26
	123	+	TITLE 37;27
	124	+	037
	125	+	-3- (D) A SUBSTITUTE WATER SUPPLY PLAN APPROVED PURSUANT TO1
	126	+	SECTION 37-92-308; OR2
	127	+	(E) A
	128	+	N INTERRUPTIBLE WATER SUPPLY AGREEMENT APPROVED3
	129	+	PURSUANT TO SECTION 37-92-309.4
85	130		(2) A
86		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
87		-	REQUIRES
88		-	:
	131	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE5
	132	+	REQUIRES:6
89	133		(a) "A
90		-	LTERNATIVE COMPLIANCE PROGRAM " MEANS A PROGRAM
91		-	ESTABLISHED TO COMPLY WITH STATE AND FEDERAL WATER QUALITY
92		-	STANDARDS THROUGH THE USE OF GREEN INFRASTRUCTURE
93		-	.
	134	+	LTERNATIVE COMPLIANCE PROGRAM " MEANS A PROGRAM7
	135	+	ESTABLISHED TO COMPLY WITH STATE AND FEDERAL WATER QUALITY8
	136	+	STANDARDS THROUGH THE USE OF GREEN INFRASTRUCTURE .9
94	137		(b) "C
95		-	OLORADO POLLUTANT TRADING POLICY " MEANS THE
96		-	"COLORADO POLLUTANT TRADING POLICY" PUBLISHED BY THE DIVISION IN
97		-	OCTOBER 2004.
	138	+	OLORADO POLLUTANT TRADING POLICY " MEANS THE10
	139	+	"C
	140	+	OLORADO POLLUTANT TRADING POLICY" PUBLISHED BY THE DIVISION11
	141	+	IN OCTOBER 2004.12
98	142		(c) "F
99		-	EDERAL WATER QUALITY TRADING POLICY " MEANS THE UNITED
100		-	STATES ENVIRONMENTAL PROTECTION AGENCY 'S "WATER QUALITY
101		-	TRADING POLICY", PUBLISHED IN 2003.
	143	+	EDERAL WATER QUALITY TRADING POLICY " MEANS THE13
	144	+	U
	145	+	NITED STATES ENVIRONMENTAL PROTECTION AGENCY 'S "WATER14
	146	+	Q
	147	+	UALITY TRADING POLICY", PUBLISHED IN 2003.15
102	148		(d) "G
103		-	RAY INFRASTRUCTURE" MEANS TRADITIONAL, CENTRALIZED
104		-	WATER QUALITY TREATMENT FACILITIES
105		-	, SUCH AS WASTEWATER
106		-	TREATMENT FACILITIES OR DRINKING WATER TREATMENT PLANTS
107		-	.
	149	+	RAY INFRASTRUCTURE" MEANS TRADITIONAL, CENTRALIZED16
	150	+	WATER QUALITY TREATMENT FACILITIES , SUCH AS WASTEWATER17
	151	+	TREATMENT FACILITIES OR DRINKING WATER TREATMENT PLANTS .18
108	152		(e) "G
109		-	REEN INFRASTRUCTURE" MEANS A STRATEGICALLY PLANNED ,
110		-	MANAGED, AND INTERCONNECTED NETWORK OF GREEN SPACES , SUCH AS
111		-	CONSERVED NATURAL AREAS AND FEATURES
112		-	, PUBLIC AND PRIVATE
113		-	CONSERVATION LANDS
114		-	, AND PRIVATE WORKING LANDS WITH CONSERVATION
115		-	VALUE
116		-	.
	153	+	REEN INFRASTRUCTURE " MEANS A STRATEGICALLY19
	154	+	PLANNED, MANAGED, AND INTERCONNECTED NETWORK OF GREEN SPACES ,20
	155	+	SUCH AS CONSERVED NATURAL AREAS AND FEATURES , PUBLIC AND21
	156	+	PRIVATE CONSERVATION LANDS , AND PRIVATE WORKING LANDS WITH22
	157	+	CONSERVATION VALUE.23
117	158		(3) (a) O
118	159		N OR BEFORE OCTOBER 1, 2024, THE UNIVERSITY OF
119		-	COLORADO AND COLORADO STATE UNIVERSITY, IN COLLABORATION WITH
120		-	THE DIVISION
121		-	, SHALL START TO CONDUCT A FEASIBILITY STUDY REGARDING
122		-	THE USE OF GREEN INFRASTRUCTURE IN THE STATE
123		-	. THE FEASIBILITY STUDY
124		-	MUST INCLUDE A DETERMINATION OF WHETHER AND HOW
125		-	:
	160	+	24
	161	+	C
	162	+	OLORADO AND COLORADO STATE UNIVERSITY, IN COLLABORATION WITH
	163	+	25
	164	+	THE DIVISION, SHALL START TO CONDUCT A FEASIBILITY STUDY26
	165	+	REGARDING THE USE OF GREEN INFRASTRUCTURE IN THE STATE . THE27
	166	+	037
	167	+	-4- FEASIBILITY STUDY MUST INCLUDE A DETERMINATION OF WHETHER AND1
	168	+	HOW:2
126	169		(I) G
127		-	REEN INFRASTRUCTURE, RATHER THAN TRADITIONAL GRAY
128		-	INFRASTRUCTURE
129		-	, MAY BE USED IN AN ALTERNATIVE COMPLIANCE PROGRAM
130		-	USING MECHANISMS DESCRIBED IN THE
131		-	COLORADO POLLUTANT TRADING
132		-	POLICY AND THE FEDERAL WATER QUALITY TRADING POLICY
133		-	;
	170	+	REEN INFRASTRUCTURE, RATHER THAN TRADITIONAL GRAY3
	171	+	INFRASTRUCTURE, MAY BE USED IN AN ALTERNATIVE COMPLIANCE4
	172	+	PROGRAM USING MECHANISMS DESCRIBED IN THE COLORADO POLLUTANT5
	173	+	TRADING POLICY AND THE FEDERAL WATER QUALITY TRADING POLICY ;6
134	174		(II) N
135		-	EW SOURCES OF FUNDING THROUGH ENVIRONMENT -FOCUSED
136		-	PAGE 3-SENATE BILL 24-037 MECHANISMS, SUCH AS GREEN BONDS , MITIGATION BANKING, CLIMATE
137		-	FINANCE
138		-	, AND CARBON CREDITS, MAY:
	175	+	EW SOURCES OF FUNDING THROUGH ENVIRONMENT -FOCUSED7
	176	+	MECHANISMS, SUCH AS GREEN BONDS, MITIGATION BANKING, CLIMATE8
	177	+	FINANCE, AND CARBON CREDITS, MAY:9
139	178		(A) R
140		-	EDUCE COSTS ASSOCIATED WITH COMPLYING WITH STATE AND
141		-	FEDERAL WATER QUALITY STANDARDS
142		-	; AND
143		-	(B) PROVIDE FUNDING FOR GREEN INFRASTRUCTURE PROJECTS PRIOR
144		-	TO THE ISSUANCE OF A WATER QUALITY PERMIT
145		-	;
	179	+	EDUCE COSTS ASSOCIATED WITH COMPLYING WITH STATE10
	180	+	AND FEDERAL WATER QUALITY STANDARDS ; AND11
	181	+	(B) P
	182	+	ROVIDE FUNDING FOR GREEN INFRASTRUCTURE PROJECTS12
	183	+	PRIOR TO THE ISSUANCE OF A WATER QUALITY PERMIT ;13
146	184		(III) A
147		-	N ALTERNATIVE COMPLIANCE PROGRAM MAY BE ~~ALIGNED~~
148		-	WITH OTHER STATE AND COMMUNITY INTERESTS INCLUDING ~~WILDFIRE~~
149		-	MITIGATION
150		-	~~; AND~~
151		-	~~(IV) THE~~ USE OF ALTERNATIVE COMPLIANCE PROGRAMS ~~WOULD~~
152		-	REDUCE COSTS FOR THE DEPARTMENT OF PUBLIC HEALTH ~~AND~~
153		-	ENVIRONMENT
154		-	~~, MUNICIPALITIES, AND OTHER WATER AND WASTEWATER~~
155		-	PROVIDERS IN THE STATE IN COMPARISON TO USING ~~GRAY INFRASTRUCTURE~~
156		-	TO COMPLY WITH STATE AND FEDERAL WATER ~~QUALITY STANDARDS~~
157		-	.
	185	+	N ALTERNATIVE COMPLIANCE PROGRAM MAY BE ALIGNED14
	186	+	WITH OTHER STATE AND COMMUNITY INTERESTS INCLUDING WILDFIRE15
	187	+	MITIGATION; AND16
	188	+	(IV) T
	189	+	HE USE OF ALTERNATIVE COMPLIANCE PROGRAMS WOULD17
	190	+	REDUCE COSTS FOR THE DEPARTMENT OF PUBLIC HEALTH AND18
	191	+	ENVIRONMENT, MUNICIPALITIES, AND OTHER WATER AND WASTEWATER
	192	+	19
	193	+	PROVIDERS IN THE STATE IN COMPARISON TO USING GRAY20
	194	+	INFRASTRUCTURE TO COMPLY WITH STATE AND FEDERAL WATER QUALITY21
	195	+	STANDARDS.22
158	196		(b) (I) T
159		-	HE UNIVERSITIES SHALL COMPLETE, AND THE DIVISION MAY
160		-	ADVISE ON
161		-	, THE FEASIBILITY STUDY ON OR BEFORE APRIL 1, 2026. WITH
162		-	CONSIDERATION GIVEN TO THE FINDINGS OF THE FEASIBILITY STUDY
163		-	, THE
164		-	UNIVERSITIES
165		-	, WITH THE APPROVAL OF THE DIVISION, SHALL ESTABLISH UP
166		-	TO THREE PILOT PROJECTS IN THE STATE TO DEMONSTRATE THE
167		-	:
	197	+	HE UNIVERSITIES SHALL COMPLETE , AND THE DIVISION
	198	+	23
	199	+	MAY ADVISE ON, THE FEASIBILITY STUDY ON OR BEFORE APRIL 1, 2026.24
	200	+	W
	201	+	ITH CONSIDERATION GIVEN TO THE FINDINGS OF THE FEASIBILITY STUDY,
	202	+	25
	203	+	THE UNIVERSITIES, WITH THE APPROVAL OF THE DIVISION , SHALL26
	204	+	ESTABLISH UP TO THREE PILOT PROJECTS IN THE STATE TO DEMONSTRATE27
	205	+	037
	206	+	-5- THE:1
168	207		(A) U
169		-	SE OF GREEN INFRASTRUCTURE IN AN ALTERNATIVE
170		-	COMPLIANCE PROGRAM
171		-	; AND
172		-	(B) FINANCING OF AN ALTERNATIVE COMPLIANCE PROGRAM WITH
173		-	ONE OR MORE SOURCES OF FUNDING LISTED IN SUBSECTION
174		-	(3)(a)(II) OF THIS
175		-	SECTION
176		-	.
	208	+	SE OF GREEN INFRASTRUCTURE IN AN ALTERNATIVE2
	209	+	COMPLIANCE PROGRAM ; AND3
	210	+	(B) F
	211	+	INANCING OF AN ALTERNATIVE COMPLIANCE PROGRAM WITH4
	212	+	ONE OR MORE SOURCES OF FUNDING LISTED IN SUBSECTION (3)(a)(II) OF5
	213	+	THIS SECTION.6
177	214		(II) A
178		-	PILOT PROJECT ESTABLISHED PURSUANT TO THIS SUBSECTION
179		-	(3)(b) MAY BE OPERATED FOR UP TO FIVE YEARS . THE UNIVERSITIES MAY
180		-	PROVIDE TECHNICAL ASSISTANCE TO THE OPERATOR OF A PILOT PROJECT
181		-	THAT THE DIVISION APPROVES UNDER THIS SUBSECTION
182		-	(3)(b), AND THE
183		-	UNIVERSITIES SHALL RECOMMEND FOR THE DIVISION
184		-	'S APPROVAL THE
185		-	DESIGN
186		-	, SIZE, AND MONITORING REQUIREMENTS FOR EACH PILOT PROJECT .
	215	+	PILOT PROJECT ESTABLISHED PURSUANT TO THIS SUBSECTION7
	216	+	(3)(b)
	217	+	MAY BE OPERATED FOR UP TO FIVE YEARS. THE UNIVERSITIES MAY
	218	+	8
	219	+	PROVIDE TECHNICAL ASSISTANCE TO THE OPERATOR OF A PILOT PROJECT9
	220	+	THAT THE DIVISION APPROVES UNDER THIS SUBSECTION (3)(b), AND THE10
	221	+	UNIVERSITIES SHALL RECOMMEND FOR THE DIVISION 'S APPROVAL THE11
	222	+	DESIGN, SIZE, AND MONITORING REQUIREMENTS FOR EACH PILOT PROJECT .12
187	223		(c) O
188	224		N OR BEFORE NOVEMBER 1, 2026, THE DIVISION, IN
189		-	PAGE 4-SENATE BILL 24-037 COORDINATION WITH THE ENTITIES LISTED IN SUBSECTION (3)(a) OF THIS
190		-	SECTION
191		-	, SHALL SUBMIT A REPORT AND, ON OR BEFORE FEBRUARY 1, 2027,
192		-	MAKE A PRESENTATION SUMMARIZING THE PROGRESS ON THE FEASIBILITY
193		-	STUDY AND ANY PILOT PROJECTS TO THE WATER RESOURCES AND
194		-	AGRICULTURE REVIEW COMMITTEE CREATED IN SECTION
195		-	37-98-102 (1)(a)(I).
196		-	T
197		-	HE COMMITTEE MAY REQUEST SIMILAR REPORTS AND PRESENTATIONS BE
198		-	MADE IN ANY YEAR AFTER
199		-	2027 IN WHICH THE FEASIBILITY STUDY OR A
200		-	PILOT PROJECT IS BEING CONDUCTED PURSUANT TO THIS SUBSECTION
201		-	(3).
202		-	(d) T
203		-	HE REPORT MUST INCLUDE:
	225	+	13
	226	+	COORDINATION WITH THE ENTITIES LISTED IN SUBSECTION (3)(a) OF THIS14
	227	+	SECTION, SHALL SUBMIT A REPORT AND, ON OR BEFORE FEBRUARY 1, 2027,15
	228	+	MAKE A PRESENTATION SUMMARIZING THE PROGRESS ON THE FEASIBILITY16
	229	+	STUDY AND ANY PILOT PROJECTS TO THE WATER RESOURCES AND17
	230	+	AGRICULTURE REVIEW COMMITTEE CREATED IN SECTION 37-98-10218
	231	+	(1)(a)(I). T
	232	+	HE COMMITTEE MAY REQUEST SIMILAR REPORTS AND
	233	+	19
	234	+	PRESENTATIONS BE MADE IN ANY YEAR AFTER 2027 IN WHICH THE20
	235	+	FEASIBILITY STUDY OR A PILOT PROJECT IS BEING CONDUCTED PURSUANT21
	236	+	TO SUBSECTION (3) OF THIS SECTION.22
	237	+	(d) THE REPORT MUST INCLUDE:23
204	238		(I) A
205		-	NY CONCLUSIONS OF THE DIVISION, IN COORDINATION WITH THE
206		-	ENTITIES LISTED IN SUBSECTION
207		-	(3)(a) OF THIS SECTION, REGARDING THE
208		-	POTENTIAL SUCCESS OF ALTERNATIVE COMPLIANCE PROGRAMS OR FUNDING
209		-	SOURCES LISTED IN SUBSECTION
210		-	(3)(a)(II) OF THIS SECTION; AND
211		-	(II) ANY RECOMMENDATIONS FOR LEGISLATIVE OR ADMINISTRATIVE
212		-	ACTION NEEDED TO PROMOTE THE USE OF ALTERNATIVE COMPLIANCE
213		-	PROGRAMS OR THE FUNDING SOURCES LISTED IN SUBSECTION
214		-	(3)(a)(II) OF
215		-	THIS SECTION
216		-	.
217		-	(4) I
218		-	N DEVELOPING THE FEASIBILITY STUDY PURSUANT TO
219		-	SUBSECTION
220		-	(3)(a) OF THIS SECTION, ANY PILOT PROJECTS PURSUANT TO
221		-	SUBSECTION
222		-	(3)(b) OF THIS SECTION, AND ANY LEGISLATIVE OR
223		-	ADMINISTRATIVE RECOMMENDATIONS PURSUANT TO SUBSECTION
	239	+	NY CONCLUSIONS OF THE DIVISION, IN COORDINATION WITH24
	240	+	THE ENTITIES LISTED IN SUBSECTION (3)(a)
	241	+	OF THIS SECTION, REGARDING25
	242	+	THE POTENTIAL SUCCESS OF ALTERNATIVE COMPLIANCE PROGRAMS OR26
	243	+	FUNDING SOURCES LISTED IN SUBSECTION (3)(a)(II) OF THIS SECTION; AND27
	244	+	037
	245	+	-6- (II) ANY RECOMMENDATIONS FOR LEGISLATIVE OR1
	246	+	ADMINISTRATIVE ACTION NEEDED TO PROMOTE THE USE OF ALTERNATIVE2
	247	+	COMPLIANCE PROGRAMS OR THE FUNDING SOURCES LISTED IN SUBSECTION3
	248	+	(3)(a)(II)
	249	+	OF THIS SECTION.4
	250	+	(4)
	251	+	IN DEVELOPING THE FEASIBILITY STUDY PURSUANT TO5
	252	+	SUBSECTION (3)(a) OF THIS SECTION, ANY PILOT PROJECTS PURSUANT TO6
	253	+	SUBSECTION (3)(b) OF THIS SECTION, AND ANY LEGISLATIVE OR7
	254	+	ADMINISTRATIVE RECOMMENDATIONS PURS UANT TO SUBSECTION8
224	255		(3)(d)(II)
225		-	OF THIS SECTION, ~~THE ENTITIES LISTED IN SUBSECTION (3)(a) OF THIS~~
226		-	~~SECTION MUST TAKE INTO ACCOUNT~~
227		-	:
	256	+	OF THIS SECTION,
	257	+	THE ENTITIES LISTED IN SUBSECTION (3)(a) OF9
	258	+	THIS SECTION MUST TAKE INTO ACCOUNT :10
228	259		(a) T
229		-	HE COLORADO POLLUTANT TRADING POLICY ;
	260	+	HE COLORADO POLLUTANT TRADING POLICY ;11
230	261		(b) T
231		-	HE FEDERAL WATER QUALITY TRADING POLICY ; AND
232		-	(c) THE PRIOR APPROPRIATION SYSTEM ESTABLISHED IN SECTIONS 5
233		-	AND 6 OF ARTICLE XVI OF THE STATE CONSTITUTION AND THE "WATER
234		-	RIGHT DETERMINATION AND ADMINISTRATION ACT OF 1969", ARTICLE 92
235		-	OF TITLE 37.
	262	+	HE FEDERAL WATER QUALITY TRADING POLICY ; AND12
	263	+	(c) T
	264	+	HE PRIOR APPROPRIATION SYSTEM ESTABLISHED IN SECTIONS13
	265	+	5
	266	+	AND 6 OF ARTICLE XVI OF THE STATE CONSTITUTION AND THE "WATER14
	267	+	R
	268	+	IGHT DETERMINATION AND ADMINISTRATION ACT OF 1969", ARTICLE 9215
	269	+	OF TITLE 37.16
236	270		(5) (a) T
237	271		HE UNIVERSITIES LISTED IN SUBSECTION (3)(a) OF THIS
238		-	SECTION MAY USE THEIR EXISTING RESOURCES TO HELP FINANCE THE
239		-	FEASIBILITY STUDY AND THE PILOT PROJECTS
240		-	.
241		-	PAGE 5-SENATE BILL 24-037 (b) THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR ANY
242		-	ENTITY LISTED IN SUBSECTION
243		-	(3)(a) OF THIS SECTION MAY SEEK, ACCEPT,
244		-	AND EXPEND GIFTS, GRANTS, OR DONATIONS FOR THE IMPLEMENTATION OF
245		-	THIS SECTION
246		-	.
247		-	(6) T
248		-	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.
249		-	SECTION 2. Appropriation. (1) For the 2024-25 state fiscal year,
250		-	$50,651 is appropriated to the department of public health and environment.
251		-	This appropriation is from the general fund. To implement this act, the
252		-	department may use this appropriation as follows:
253		-	(a) $34,777 for use by the water quality control division for clean
254		-	water program costs, which amount is based on an assumption that the
255		-	division will require an additional 0.4 FTE;
256		-	(b) $512 for use by the water quality control division for
257		-	administration; and
258		-	(c) $15,362 for the purchase of legal services.
259		-	(2) For the 2024-25 state fiscal year, $15,362 is appropriated to the
260		-	department of law. This appropriation is from reappropriated funds received
261		-	from the department of public health and environment under subsection
262		-	(1)(c) of this section and is based on an assumption that the department of
263		-	law will require an additional 0.1 FTE. To implement this act, the
264		-	department of law may use this appropriation to provide legal services for
265		-	the department of public health and environment.
266		-	SECTION 3. Act subject to petition - effective date. This act
267		-	takes effect at 12:01 a.m. on the day following the expiration of the
268		-	ninety-day period after final adjournment of the general assembly; except
269		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
270		-	of the state constitution against this act or an item, section, or part of this act
271		-	within such period, then the act, item, section, or part will not take effect
272		-	unless approved by the people at the general election to be held in
273		-	PAGE 6-SENATE BILL 24-037 November 2024 and, in such case, will take effect on the date of the official
274		-	declaration of the vote thereon by the governor.
275		-	____________________________ ____________________________
276		-	Steve Fenberg
277		-	Julie McCluskie
278		-	PRESIDENT OF SPEAKER OF THE HOUSE
279		-	THE SENATE OF REPRESENTATIVES
280		-	____________________________ ____________________________
281		-	Cindi L. Markwell Robin Jones
282		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
283		-	THE SENATE OF REPRESENTATIVES
284		-	APPROVED________________________________________
285		-	(Date and Time)
286		-	_________________________________________
287		-	Jared S. Polis
288		-	GOVERNOR OF THE STATE OF COLORADO
289		-	PAGE 7-SENATE BILL 24-037
	272	+	17
	273	+	SECTION MAY USE THEIR EXISTING RESOURCES TO HELP FINANCE THE18
	274	+	FEASIBILITY STUDY AND THE PILOT PROJECTS.19
	275	+	(b) T
	276	+	HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR
	277	+	20
	278	+	ANY ENTITY LISTED IN SUBSECTION (3)(a) OF THIS SECTION MAY SEEK,21
	279	+	ACCEPT, AND EXPEND GIFTS , GRANTS, OR DONATIONS FOR THE22
	280	+	IMPLEMENTATION OF THIS SECTION.23
	281	+	(6) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2032.24
	282	+	SECTION 2. Appropriation. (1) For the 2024-25 state fiscal25
	283	+	year, $50,651 is appropriated to the department of public health and26
	284	+	environment. This appropriation is from the general fund. To implement27
	285	+	037
	286	+	-7- this act, the department may use this appropriation as follows:1
	287	+	(a) $34,777 for use by the water quality control division for clean2
	288	+	water program costs, which amount is based on an assumption that the3
	289	+	division will require an additional 0.4 FTE;4
	290	+	(b) $512 for use by the water quality control division for5
	291	+	administration; and6
	292	+	(c) $15,362 for the purchase of legal services.7
	293	+	(2) For the 2024-25 state fiscal year, $15,362 is appropriated to8
	294	+	the department of law. This appropriation is from reappropriated funds9
	295	+	received from the department of public health and environment under10
	296	+	subsection (1)(c) of this section and is based on an assumption that the11
	297	+	department of law will require an additional 0.1 FTE. To implement this12
	298	+	act, the department of law may use this appropriation to provide legal13
	299	+	services for the department of public health and environment.14
	300	+	SECTION 3. Act subject to petition - effective date. This act15
	301	+	takes effect at 12:01 a.m. on the day following the expiration of the16
	302	+	ninety-day period after final adjournment of the general assembly; except17
	303	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V18
	304	+	of the state constitution against this act or an item, section, or part of this19
	305	+	act within such period, then the act, item, section, or part will not take20
	306	+	effect unless approved by the people at the general election to be held in21
	307	+	November 2024 and, in such case, will take effect on the date of the22
	308	+	official declaration of the vote thereon by the governor.23
	309	+	037
	310	+	-8-