Amendments for HB25-1113
House Journal, February 19
25 HB25-1113 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend printed bill, page 2, after line 1 insert:
30
31 "SECTION 1. Legislative declaration. (1) The general
32 assembly finds that:
33 (a) As Colorado continues to grapple with the impacts of climate
34 change, green urban spaces, such as urban tree canopies, are a vital
35 adaptation tool for mitigating the impacts of climate change, especially
36 for mitigating the urban heat island effect, which can increase energy
37 costs, air pollution, and heat-related illnesses and deaths;
38 (b) However, water supply in the western United States is
39 increasingly scarce due to climate change and increasing demand;
40 (c) Many communities in the state overuse nonnative grass for
41 landscaping purposes, which requires large amounts of water to maintain;
42 (d) While there are appropriate and important uses for turf,
43 including for civic, community, or recreational purposes such as use in
44 parks, sports fields, and playgrounds, much of the turf in the state is
45 nonfunctional, located in areas that receive little, if any, use, and could be
46 replaced with landscaping that adheres to water-wise landscaping
47 principles without adversely impacting quality of life or landscape
48 functionality;
49 (e) Prohibiting the installation, planting, or placement of
50 nonfunctional turf in multifamily property in the state can help conserve
51 the state's water resources;
52 (f) Requiring local governments to regulate turf in new residential
53 properties can help preserve the limited water in our state;
54 (g) Many communities and developments develop in a water-wise
55 manner already and are appreciated; and
1 (h) Installed vegetation that adheres to water-wise landscaping
2 principles can help reduce outdoor demand for water while avoiding heat
3 islands.
4 (2) The general assembly therefore declares that preventing the
5 installation, planting, or placement of nonfunctional turf, artificial turf,
6 and invasive plant species in applicable property in the state is:
7 (a) A matter of statewide concern; and
8 (b) In the public interest.".
9
10 Renumber succeeding sections accordingly.
11
12 Page 2, line 3, strike "(1)(a)(II) and (1)(a)(III);" and substitute "(1)(a)(II),
13 (1)(a)(III), and (17);".
14
15 Page 2, strike line 14.
16
17 Page 3, strike line 1 and substitute "A MULTIFAMILY RESIDENTIAL
18 HOUSING PREMISES THAT INCLUDES MORE THAN TWELVE DWELLING
19 UNITS.".
20
21 Page 3, after line 3 insert:
22
23 "(17) "Turf" has the meaning set forth in section 37-60-135 (2)(i)
24 MEANS CONTINUOUS PLANT COVERAGE CONSISTING OF NONNATIVE
25 GRASSES OR GRASSES THAT HAVE NOT BEEN HYBRIDIZED FOR ARID
26 CONDITIONS AND WHICH, WHEN REGULARLY MOWED, FORM A DENSE
27 GROWTH OF LEAF BLADES AND ROOTS.".
28
29 Page 3, strike lines 16 and 17 and substitute:
30
31 "37-99-104. Regulation of turf in new residential property -
32 local entities - exemptions. (1) ON OR BEFORE JANUARY 1, 2028, EACH
33 LOCAL ENTITY".
34
35 Page 3, line 21, strike "LIMIT" and substitute "REGULATE".
36
37 Page 3, line 26, strike "LIMIT" and substitute "REGULATE".
38
39 Page 4, line 3, strike "LIMITS" and substitute "REGULATES".
40
41 Page 4, after line 5 insert:
42
43 "(4) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
44 CONTRARY, NEITHER A LOCAL ENTITY NOR THE DEPARTMENT SHALL
45 RESTRICT A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO
46 INSTALL GRASS SEED OR SOD THAT:
47 (a) IS A NATIVE PLANT;
48 (b) HAS BEEN HYBRIDIZED FOR ARID CONDITIONS; OR
49 (c) IS A LOW-WATER GRASS.".
50
51
House Journal, February 28
1 Amendment No. 1, Agriculture, Water & Natural Resources Report, dated
2 February 20, 2025, and placed in member’s bill file; Report also printed
3 in House Journal, February 20, 2025.
4
5 Amendment No. 2, by Representative Smith:
6
7 Amend the Agriculture, Water & Natural Resources Committee Report,
8 dated February 20, 2025, page 2, strike lines 25 through 27 substitute:
9
10 "Page 3 of the printed bill, strike line 21 and substitute "REGULATE THE
11 INSTALLATION OF TURF TO REDUCE IRRIGATION WATER DEMAND FOR ALL
12 RESIDENTIAL REAL PROPERTY".
13
14 Page 3 of the bill, strike line 26 and substitute "PROJECTS, EACH LOCAL
15 ENTITY WITH LAND USE PLANNING AND ZONING AUTHORITY SHALL
16 REGULATE THE INSTALLATION OF TURF TO REDUCE IRRIGATION WATER
17 DEMAND FOR".
18
19 Page 4 of the bill, strike lines 2 and 3 and substitute:
20
21 "(3) EACH LOCAL ENTITY WITH LAND USE PLANNING AND ZONING
22 AUTHORITY MAY CHOOSE THE STANDARD OR MECHANISM BY WHICH IT
23 REGULATES TURF IN NEW".".
24
25 Amendment No. 3, by Representative Smith:
26
27 Amend the Agriculture, Water, and Natural Resources Committee Report,
28 dated February 20, 2025, page 2, strike lines 9 and 10 and substitute:
29
30 "Page 2 of the printed bill, strike lines 3 and 4 and substitute "(1)(a)(II),
31 (1)(a)(III), and (17); repeal (1)(b); and add (1)(a)(IV), (1.5), (10.5),
32 (14.5), and (18.5) as follows:".".
33
34 Page 2 of the report, strike lines 13 and 14 and substitute "HOUSING
35 PREMISES PROPERTY THAT INCLUDES MORE THAN TWELVE DWELLING
36 UNITS.
37 (10.5) "MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY"
38 MEANS COMMON INTEREST PROPERTY SUCH AS ENTRYWAYS, PARKS, AND
39 OTHER COMMON ELEMENTS AS DEFINED IN SECTION 38-33.3-103 (5).".".
40
41 Page 2 of the report, strike line 20 and substitute "GROWTH OF LEAF
42 BLADES AND ROOTS.
43 (18.5) "URBAN TREE" MEANS A PERENNIAL WOODY PLANT WITH A
44 SINGLE OR MULTIPLE TRUNKS THAT SUPPORT A CANOPY OF BRANCHES AND
45 LEAVES AND THAT PROVIDES ECOLOGICAL, SOCIAL, AND ECONOMIC
46 BENEFITS WITHIN A BUILT ENVIRONMENT.".
47
48 Amendment No. 4, by Representative McCormick:
49
50 Amend printed bill, page 3, line 4, strike "add (5)" and substitute "amend
51 (4)(d) and (4)(e); and add (4)(f) and (5)".
52
53 Page 3, strike lines 8 through 13 and substitute "of state facilities.
54 (4) Nothing in this section prohibits:
55
1 (d) A local entity or the department from establishing prohibitions
2 on, or requirements for, nonfunctional turf, artificial turf, or invasive
3 plant species that are more stringent than the requirements of this section;
4 or
5 (e) A local entity or the department from installing, or allowing
6 any A person to install, artificial turf on athletic fields of play; OR
7 (f) A LOCAL ENTITY OR THE DEPARTMENT FROM INSTALLING OR
8 PRESERVING URBAN TREES.
9 (5) (a) ON AND AFTER JANUARY 1, 2028, A LOCAL ENTITY SHALL
10 NOT INSTALL, PLANT, OR PLACE, OR ALLOW A PERSON TO INSTALL, PLANT,
11 OR PLACE, ANY NONFUNCTIONAL TURF, ARTIFICIAL TURF, OR INVASIVE
12 PLANT SPECIES, AS PART OF A NEW DEVELOPMENT PROJECT OR
13 REDEVELOPMENT PROJECT, ON ANY PORTION OF APPLICABLE PROPERTIES
14 THAT INCLUDE MULTIFAMILY RESIDENTIAL HOUSING PREMISES PROPERTY.
15 (b) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
16 CONTRARY, A LOCAL ENTITY OR THE DEPARTMENT SHALL NOT RESTRICT
17 A PERSON FROM INSTALLING OR ALLOWING ANOTHER PERSON TO INSTALL
18 GRASS SEED OR SOD THAT:
19 (I) IS A NATIVE PLANT;
20 (II) HAS BEEN HYBRIDIZED FOR ARID CONDITIONS; OR
21 (III) IS A LOW-WATER GRASS.
22 (c) ON OR BEFORE JANUARY 1, 2028, EACH LOCAL ENTITY WITH
23 LAND USE PLANNING AND ZONING AUTHORITY SHALL ENACT OR AMEND
24 ORDINANCES, RESOLUTIONS, REGULATIONS, OR OTHER LAWS REGULATING
25 NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS TO:
26 (I) REGULATE THE INSTALLATION OF NONFUNCTIONAL TURF IN
27 ORDER TO REDUCE IRRIGATION WATER DEMAND ON APPLICABLE PROPERTY
28 IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION; AND
29 (II) INCLUDE CONSIDERATION OF APPLICABLE RESIDENTIAL REAL
30 PROPERTY.".
31
32 Page 3, line 18, before "SHALL" insert "WITH LAND USE PLANNING AND
33 ZONING AUTHORITY".
34
35 As amended, ordered engrossed and placed on the Calendar for Third
36 Reading and Final Passage.
37
Senate Journal, March 27
After consideration on the merits, the Committee recommends that HB25-1113 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, strike lines 22 and 23 and substitute "(1)(a)(II),
(1)(a)(III), (7), and (17); repeal (1)(b); and add (1)(a)(IV), (1.5), (6.5), (10.5),
(12.5), (14.5), and (18.5) as follows:".
Page 4, after line 7 insert:
"(6.5) "FUNCTIONAL ARTIFICIAL TURF" MEANS ARTIFICIAL TURF THAT
IS:
(a) LOCATED IN A RECREATIONAL USE AREA OR OTHER SPACE THAT IS
REGULARLY USED FOR CIVIC, COMMUNITY, OR RECREATIONAL PURPOSES, WHICH
MAY INCLUDE A PLAYGROUND, A SPORTS FIELD, A PICNIC GROUND, AN
AMPHITHEATER, A PORTION OF A PARK, AND THE PLAYING AREA OF A GOLF
COURSE, SUCH AS A DRIVING RANGE, CHIPPING AND PUTTING GREEN, TEE BOX,
GREEN, FAIRWAY, AND ROUGH; OR
(b) A COMPONENT OF A PRODUCT DESIGNED AND APPROVED BY A
PROFESSIONAL ENGINEER FOR CIVIL INFRASTRUCTURE PROJECTS, INCLUDING BUT
NOT LIMITED TO:
(I) COVERS FOR SOLID WASTE FACILITIES AND BROWNFIELD SITES; AND
(II) REVETMENTS FOR SLOPES, CHANNELS, LEVEES, AND DAMS.
(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 A PLAYGROUND, A SPORTS FIELD, A PICNIC GROUND, AN AMPHITHEATER,
A PORTION OF A PARK, AND THE PLAYING AREA OF A GOLF COURSE, SUCH AS A
DRIVING RANGE, CHIPPING AND PUTTING GREEN, TEE BOX, GREEN, FAIRWAY,
AND ROUGH.".
Page 4, after line 10 insert:
"(12.5) "NONFUNCTIONAL ARTIFICIAL TURF" MEANS ARTIFICIAL TURF
THAT IS NOT FUNCTIONAL ARTIFICIAL TURF.".
Page 4, strike lines 23 through 26 and substitute "(1), (3), (4)(a), (4)(b), (4)(d),
and (4)(e); and add (4)(f) and (5) as follows:
37-99-103. Prohibition of nonfunctional turf, nonfunctional
artificial turf, and invasive plant species - local entities - construction or
renovation of state facilities. (1) On 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, NONFUNCTIONAL 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.
(3) The department shall not install, plant, or place, or allow any person
to install, plant, or place, any nonfunctional turf, NONFUNCTIONAL 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) Nothing in this section prohibits:
(a) A local entity from maintaining, or allowing any person to maintain,
any nonfunctional turf, NONFUNCTIONAL ARTIFICIAL TURF, artificial turf, or
invasive plant species installed, planted, or placed before January 1, 2026;
(b) The department from maintaining, or allowing any person to
maintain, any nonfunctional turf, NONFUNCTIONAL ARTIFICIAL TURF, artificial
turf, or invasive plant species installed, planted, or placed at a state facility
before January 1, 2025;".
Page 5, line 10, after the first "TURF," insert "NONFUNCTIONAL".
Local
Government
& Housing