Amendments for SB24-005
Senate Journal, January 26
After consideration on the merits, the Committee recommends that SB24-005 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, strike everything below the enacting clause and substitute:
"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) THE GENERAL ASSEMBLY
FINDS THAT:
(a) AS 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) HOWEVER, WATER SUPPLY IN THE WESTERN UNITED STATES IS
UNDER INCREASING PRESSURE DUE TO CLIMATE CHANGE AND INCREASING
DEMAND;
(c) MANY COMMUNITIES IN THE STATE OVERUSE NONNATIVE GRASS FOR
LANDSCAPING PURPOSES, WHICH REQUIRES LARGE AMOUNTS OF WATER TO
MAINTAIN;
(d) WHILE 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) PROHIBITING THE INSTALLATION, PLANTING, OR PLACEMENT OF
NONFUNCTIONAL TURF IN APPLICABLE PROPERTY IN THE STATE CAN HELP
CONSERVE THE STATE'S WATER RESOURCES;
(f) INSTALLED 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) THE GENERAL ASSEMBLY THEREFORE DECLARES THAT 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. AS USED IN THIS ARTICLE 99, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) (a) "APPLICABLE PROPERTY" MEANS:
(I) COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL PROPERTY;
(II) COMMON INTEREST COMMUNITY PROPERTY; OR
(III) A STREET RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR
TRANSPORTATION CORRIDOR.
(b) "APPLICABLE PROPERTY" DOES NOT INCLUDE RESIDENTIAL
PROPERTY.
(2) "ARTIFICIAL TURF" MEANS AN INSTALLATION OF SYNTHETIC
MATERIALS DEVELOPED TO RESEMBLE NATURAL GRASS.
(3) "COMMERCIAL, INSTITUTIONAL, OR INDUSTRIAL" HAS THE MEANING
SET FORTH IN SECTION 37-60-135 (2)(b).
(4) "COMMON INTEREST COMMUNITY" HAS THE MEANING SET FORTH IN
SECTION 38-33.3-103 (8).
(5) "COMMON 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) "DEPARTMENT" MEANS THE DEPARTMENT OF PERSONNEL CREATED
IN SECTION 24-1-128 (1).
(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) "INVASIVE PLANT SPECIES" HAS THE MEANING SET FORTH IN SECTION
37-60-135 (2)(e).
(9) "LOCAL ENTITY" MEANS A:
(a) HOME RULE OR STATUTORY CITY, COUNTY, CITY AND COUNTY,
TERRITORIAL CHARTER CITY, OR TOWN; AND
(b) SPECIAL DISTRICT.
(10) "MAINTAIN" 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) "NATIVE PLANT" MEANS A PLANT SPECIES THAT IS INDIGENOUS TO
THE STATE OF COLORADO.
(12) "NEW DEVELOPMENT PROJECT" MEANS A NEW CONSTRUCTION
PROJECT THAT REQUIRES A BUILDING OR LANDSCAPING PERMIT, PLAN CHECK, OR
DESIGN REVIEW.
(13) (a) "NONFUNCTIONAL TURF" MEANS TURF THAT IS NOT
FUNCTIONAL TURF.
(b) "NONFUNCTIONAL TURF" INCLUDES TURF LOCATED IN A STREET
RIGHT-OF-WAY, PARKING LOT, MEDIAN, OR TRANSPORTATION CORRIDOR.
(14) "REDEVELOPMENT PROJECT" MEANS A CONSTRUCTION PROJECT
THAT:
(a) REQUIRES 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) "SPECIAL DISTRICT" HAS THE MEANING SET FORTH IN SECTION
32-1-103 (20).
(16) "TRANSPORTATION CORRIDOR" MEANS A TRANSPORTATION
SYSTEM THAT INCLUDES ALL MODES AND FACILITIES WITHIN A DESCRIBED
GEOGRAPHIC AREA, HAVING LENGTH AND WIDTH.
(17) "TURF" HAS THE MEANING SET FORTH IN SECTION 37-60-135 (2)(i).
(18) "UNIT OWNERS' ASSOCIATION" HAS THE MEANING SET FORTH IN
SECTION 38-33.3-103 (3).
(19) "WATER-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) 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, 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) ON OR BEFORE JANUARY 1, 2026, A LOCAL ENTITY SHALL ENACT OR
AMEND ORDINANCES, RESOLUTIONS, REGULATIONS, OR OTHER LAWS
REGULATING NEW DEVELOPMENT PROJECTS AND REDEVELOPMENT PROJECTS ON
APPLICABLE PROPERTY IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
SECTION.
(3) THE 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
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, 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, 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 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.".
House Journal, February 27
46 SB24-005 be amended as follows, and as so amended, be referred to
47 the Committee of the Whole with favorable
48 recommendation:
49
50 Amend reengrossed bill, page 5, line 2, strike "AND".
51
52 Page 5, line 3, strike "DISTRICT." and substitute "DISTRICT; AND
53 (c) METROPOLITAN DISTRICT.".
54
55
1 Page 5, after line 16 insert:
2
3 "(c) "NONFUNCTIONAL TURF" DOES NOT INCLUDE TURF THAT IS
4 DESIGNATED TO BE PART OF A WATER QUALITY TREATMENT SOLUTION
5 REQUIRED FOR COMPLIANCE WITH FEDERAL, STATE, OR LOCAL AGENCY
6 WATER QUALITY PERMITTING REQUIREMENTS THAT IS NOT IRRIGATED AND
7 DOES NOT HAVE HERBICIDES APPLIED.".
8
9 Page 6, line 24, after "PROJECT" insert "DESIGN".
10
11