Colorado Concrete & Masonry Licensing Law
Colorado Code · 28 sections
The following is the full text of Colorado’s concrete & masonry licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 18-13-112
18-13-112. Hazardous waste violations. (1) No person shall abandon any vehicle containing any hazardous waste or intentionally spill hazardous waste upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.
(2) As used in this section:
(a) (I) Abandon means to leave a thing with the intention not to retain
possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(II) It is prima facie evidence of the necessary intent that:
(A) The vehicle has been left for more than three days unattended and
unmoved; or
(B) License plates or other identifying marks have been removed from the
vehicle; or
(C) The vehicle has been damaged or is deteriorated so extensively that it
has value only for junk or salvage; or
(D) The owner has been notified by a law enforcement agency to remove the
vehicle and it has not been removed within twenty-four hours after notification.
(b) (I) Hazardous waste means any waste or other material, alone, mixed
with, or in combination with other wastes or materials, which because of its quantity, concentration, or physical or chemical characteristics:
(A) Causes, or significantly contributes to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible, illness; or
(B) Poses a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed.
(II) Hazardous waste also means any waste or other material defined as a
hazardous waste in the rules and regulations promulgated pursuant to the federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), as amended by the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.
(c) Hazardous waste does not include:
(I) Discharges which are point sources subject to permits under section 402
of the Federal Water Pollution Control Act, as amended;
(II) Source, special nuclear, or byproduct material as defined by the federal
Atomic Energy Act of 1954, as amended;
(III) Agricultural waste;
(IV) Domestic sewage which includes final use for beneficial purposes,
including fertilizer, soil conditioner, fuel, and livestock feed, of sludge from wastewater treatment plants if such sludge meets all applicable standards of the department;
(V) Irrigation return flows;
(VI) Inert materials deposited for construction fill or topsoil placement in
connection with actual or contemplated construction at such location or for changes in land contour for agricultural purposes; or
(VII) Any waste or other materials exempted or otherwise not regulated as a
hazardous waste in the rules and regulations promulgated pursuant to the federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), as amended by the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.
(d) Inert material means non-water-soluble and nondecomposable inert
solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and such other non-water-soluble and nondecomposable inert solids.
(e) Vehicle means any device which is capable of moving itself, or of being
moved, from place to place upon wheels or endless tracks. The term includes but is not limited to any motor vehicle, trailer, or semitrailer.
(3) (a) A person who violates this section by intentionally spilling hazardous
waste commits a class 4 felony.
(b) A person who violates this section by abandoning a vehicle containing
hazardous waste commits a class 5 felony.
Source: L. 81: Entire section added, p. 977, � 22, effective July 1. L. 92:
IP(2)(b)(I) amended, p. 1258, � 15, effective August 1. L. 2023: (3) amended, (HB 23-1293), ch. 298, p. 1793, � 50, effective October 1.
Cross references: For the penalty for other hazardous waste violations, see �
25-15-310; for the penalty for causing or contributing to the occurrence of a hazardous substance incident, see � 29-22-108; for penalties for violations of the Hazardous Materials Transportation Act of 1987, see �� 42-20-109, 42-20-111, 42-20-204, and 42-20-305.
C.R.S. § 22-69-102
22-69-102. Legislative declaration. (1) The general assembly hereby finds that:
(a) Teachers are a key component in the academic success of children;
(b) To support teachers, school districts should encourage innovative,
creative, and high-quality teaching practices, and teachers who follow these practices and who promote excellent student performance should be rewarded;
(c) Promoting student performance and achieving teaching excellence is
particularly difficult when dealing with the issues related to at-risk students;
(d) Consistent with the findings of the P-20 council, the state does not fully
fund state mandates nor adequately meet the needs of school districts to attract, retain, and support the high-quality teachers needed to reach Colorado's educational goals;
(e) Alternative teacher compensation plans can serve as a mechanism for
rewarding teaching excellence and encouraging creative and innovative approaches to helping Colorado improve the academic performance of all students and meet its education goals that include, but are not limited to, decreasing the dropout rate, closing the achievement gap, and increasing the number of postsecondary degrees and certificates awarded to Colorado students; and
(f) Consistent with the recommendations of the P-20 council, the ultimate
success of alternative compensation systems will require both significant increases in base pay and sustained, stable, and sufficient financial resources to ensure that meaningful, differentiated pay schedules can be supported over the long term.
(2) The general assembly therefore declares that providing seed money
through a competitive grant program to school districts that seek to develop alternative teacher compensation plans is a concrete way in which the state can further the goals of teaching excellence and high student achievement in the participating school districts.
(3) The general assembly further finds and declares that, for purposes of
section 17 of article IX of the state constitution, providing funding for the design and development of alternative teacher compensation plans is specifically included as an authorized use of moneys in the state education fund created in section 17 (4) of article IX of the state constitution. Therefore, this article may be implemented with appropriations from the state education fund.
Source: L. 2008: Entire article added, p. 1219, � 34, effective May 22.
C.R.S. § 24-32-134
24-32-134. Disaster resilience rebuilding program - fund - creation - policies - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Administrator means an entity or entities that the division contracts
with pursuant to subsection (2)(b) of this section to administer the program.
(b) Declared disaster means a disaster emergency declared by the
governor pursuant to section 24-33.5-704 (4) in or after 2018 that resulted in widespread or severe damage or loss of property or infrastructure as determined pursuant to policies adopted by the division pursuant to subsection (4) of this section.
(c) Eligible applicant means:
(I) A person who owns or rents a home that is the person's primary residence,
including an apartment or a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (5) of this section;
(II) A person who owns rental housing, including a modular, manufactured, or
mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(III) A business that owns real or personal property that was affected by a
declared disaster or experienced an interruption or loss of business due to a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(IV) A housing authority created pursuant to part 2 or part 5 of article 4 of
title 29 or a low-income housing tax credit partnership that serves an area affected by a declared disaster;
(V) A Colorado nonprofit corporation that provides construction assistance
to low-income households and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section; or
(VI) A governmental entity with jurisdiction in an area affected by a declared
disaster.
(d) Fund means the disaster resilience rebuilding program fund created in
subsection (7) of this section.
(e) Governmental entity means any authority, county, municipality, city and
county, district, or other political subdivision of the state; any tribal government with jurisdiction in Colorado; and any institution, department, agency, or authority of any of the foregoing.
(f) Program means the disaster resilience rebuilding program created in
subsection (2) of this section.
(2) (a) The division shall establish the disaster resilience rebuilding program
as a loan and grant program in accordance with the requirements of this section and the policies established by the division. The program may provide loans and grants from the fund to eligible applicants seeking assistance as they rebuild their community after a declared disaster.
(b) The division may contract with or provide a grant to a governmental
entity, housing authority, Colorado-based nonprofit organization, business nonprofit organization, bank, nondepository community development financial institution, or business development corporation or other entity as determined by the division to administer the program. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process pursuant to the state procurement code, articles 101 to 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the program. The division may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program.
(3) A contract with an administrator may require the administrator to repay
all lending capital that is not committed to loans or grants under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (3) as grants or loans under the program or through another administrator.
(4) The division shall establish and publicize policies for the program. At a
minimum, the policies must address:
(a) Coordination with the office of emergency management created in
section 24-33.5-705 to prioritize the use of the disaster emergency fund created in section 34-33.5-706 for the allowable uses of loans and grants under the program that are not housing related;
(b) The process and any deadlines for applying for and receiving a loan or
grant under the program, including the information and documentation required for the application;
(c) Eligibility criteria for applicants to the program;
(d) Maximum assistance levels for loans and grants;
(e) Loan terms, including interest rates and repayment terms;
(f) Any additional specifications or criteria for the uses of the grant or loan
money allowed by subsection (5) of this section;
(g) Any reporting requirements for recipients, which must include the
demographic data of each recipient aggregated by race, ethnicity, disability status, and income level;
(h) Any program fees, including any application fee or origination fee, and
closing costs;
(i) Underwriting and risk management policies;
(j) Any requirements for applicants to apply for or exhaust other sources of
assistance or reimbursement to be eligible for a loan or grant under the program. If the policies establish such a requirement, the policies must specify to which applicants the requirement applies, which sources must be applied for and denied or exhausted, and what documentation is necessary to establish the applicant has met the requirement.
(k) Equitable community outreach and equitable access to program
information, including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility; and
(l) Any additional policies necessary to administer the program.
(5) The program may provide loans or grants or a combination of both to
eligible applicants. In reviewing applications and awarding grants, the division shall give priority to eligible applicants who demonstrate that their needs cannot be met by other sources of assistance. Loans or grants may be used to:
(a) Subsidize costs to repair or rebuild a homeowner's primary residence that
are insufficiently covered by the homeowner's insurance or by loans, grants, or other assistance available from the federal emergency management agency, the federal small business administration, or other state or federal assistance programs. Costs that may be covered include, but are not limited to:
(I) Direct costs of repairs or reconstruction of a damaged or destroyed
primary residence, including costs to rebuild to advanced fire and other natural hazard mitigation standards;
(II) Soft costs such as architectural and engineering costs and permitting
fees associated with repairing or rebuilding a primary residence;
(III) Soil sampling and air quality monitoring;
(IV) Clearance and demolition costs, including concrete flat work removal
and removal of hazardous material, including asbestos;
(V) Private road or bridge repair if necessary to access a primary residence;
(VI) Costs associated with using building and site design measures that
reduce risk to natural hazards, including fire resistant building materials and landscape design;
(VII) Costs to replant climate ready trees and vegetation;
(VIII) Temporary rental assistance during relocation or rebuilding or recovery
work; and
(IX) Other recovery costs not covered by other sources that will increase
resilience to future disasters;
(b) Repair or reconstruct housing stock in an area that is affected by a
declared disaster and is experiencing a shortage of adequate housing or has a significant number of affected households. The program may provide a grant or loan under this subsection (5)(b) to:
(I) A housing authority or low-income housing tax credit partnership to fund
the replacement or repair of multi-family housing in an area affected by a declared disaster;
(II) A nonprofit corporation to provide construction assistance to low-income
households in an area affected by a declared disaster;
(III) A person who owns rental housing and requires additional resources to
rebuild or repair the rental housing. A loan or grant made pursuant to this subsection (5)(b)(III) must include provisions requiring the recipient to provide affordable rent for the rental housing following the repair or reconstruction and temporary rental assistance for displaced renters, as determined by the division.
(c) Provide operating capital to a business experiencing a business
interruption or cover the costs of replacing or repairing the business's real property, equipment, or inventory that was lost or damaged in the disaster;
(d) Rebuild neighborhoods or portions of neighborhoods in a manner that
serves as a pilot project for advanced community planning to resist the impacts of natural disasters caused by climate change or reduce actions that contribute to climate change, including but not limited to micro-grids, community battery storage, community district heating or geothermal heating systems, or wildfire resilient land use planning strategies;
(e) Reimburse a governmental entity for any unmet needs associated with a
declared disaster that are not covered by public assistance from the federal emergency management agency or other state or federal assistance, including assistance provided pursuant to section 24-33.5-704 (7)(j). Unmet needs that may be covered include, but are not limited to:
(I) Rebuilding or repairing transportation infrastructure;
(II) Health and safety improvements or investments related to disaster
recovery and resiliency; or
(III) Replacement of lost revenue from sales taxes, property taxes, public
utility or service fees, or other revenue sources that were negatively affected by a declared disaster; or
(f) Assist eligible applicants in addressing other related unmet needs as
allowed by the policies adopted by the division pursuant to subsection (4) of this section in order to recover or rebuild from a declared disaster.
(6) The division may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(7) (a) The disaster resilience rebuilding program fund is hereby created in
the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (6) of this section.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the division for the
purposes specified in this section and for the development of the disaster survivor portal described in section 24-33.5-1106 (4).
(d) Three days after May 17, 2022, the state treasurer shall transfer fifteen
million dollars from the general fund to the disaster resilience rebuilding program fund created in subsection (7)(a) of this section.
(8) The division and the department of local affairs shall collaborate with the
Colorado energy office created in section 24-38.5-101 on the implementation of this section as set forth in section 24-38.5-115 (8).
(9) On or before January 1, 2024, and on or before each January 1 thereafter,
the division shall submit a report summarizing the program to the house of representatives transportation and local government committee and the senate local government committee, or their successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-206), ch. 173, p. 1143, � 2,
effective May 17.
Cross references: For the legislative declaration in SB 22-206, see section 1
of chapter 173, Session Laws of Colorado 2022.
C.R.S. § 24-62-102
24-62-102. Legislative declaration. (1) The general assembly hereby:
(a) Finds that sub-section (D) of article VI of the Intergovernmental
Agreement between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation originally specified that if federal legislation authorizing the treatment of the tribe as a state for federal Clean Air Act purposes was not enacted by December 13, 2002, then the agreement would become null and void;
(b) Determines that, pursuant to sub-section (B) of article XIII of the
agreement, the parties to the agreement modified sub-section (D) of article VI of the agreement in December 2001, December 2002, and December 2003, to extend for one year the deadline for passage of the federal legislation, and the final deadline for such passage according to the agreement as modified is December 13, 2004; and
(c) Declares that, whereas the federal legislation contemplated by the
agreement, The Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 (P.L. 108-336), was approved on October 18, 2004, the contingency contemplated by sub-section (D) of article VI of the agreement and section 25-7-1309 (1)(c), C.R.S., is moot.
Source: L. 2010: Entire section added, (SB 10-082), ch. 182, p. 656, � 3,
effective April 29.
Cross references: For the federal Clean Air Act, see 42 U.S.C. sec. 7401 et
seq.
PLANNING - STATE
ARTICLE 65
Colorado Land Use Act
24-65-101 to 24-65-106. (Repealed)
Source: L. 2005: Entire article repealed, p. 667, � 1, effective June 1.
Editor's note: This article was numbered as article 4 of chapter 106, C.R.S.
- For amendments to this article prior to its repeal in 2005, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 65.1
Areas and Activities of State Interest
Law reviews: For article, Local Government and House Bill 1041: A Voice in
the Wilderness, see 19 Colo. Law. 2245 (1990); for article, H.B. 1041 as a Tool for Municipal Attorneys, see 23 Colo. Law. 1309 (1994); for article, Local Government Regulation Using 1041 Powers, see 34 Colo. Law. 79 (Dec. 2005).
PART 1
GENERAL PROVISIONS
24-65.1-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) The protection of the utility, value, and future of all lands within the state,
including the public domain as well as privately owned land, is a matter of public interest;
(b) Adequate information on land use and systematic methods of definition,
classification, and utilization thereof are either lacking or not readily available to land use decision makers; and
(c) It is the intent of the general assembly that land use, land use planning,
and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the environment of the state.
(2) It is the purpose of this article that:
(a) The general assembly shall describe areas which may be of state interest
and activities which may be of state interest and establish criteria for the administration of such areas and activities;
(b) Local governments shall be encouraged to designate areas and activities
of state interest and, after such designation, shall administer such areas and activities of state interest and promulgate guidelines for the administration thereof; and
(c) Appropriate state agencies shall assist local governments to identify,
designate, and adopt guidelines for administration of matters of state interest.
Source: L. 74: Entire article added, p. 335, � 1, effective May 17. L. 2005: IP(1)
amended, p. 671, � 13, effective June 1.
24-65.1-102. General definitions. As used in this article, unless the context
otherwise requires:
(1) Development means any construction or activity which changes the
basic character or the use of the land on which the construction or activity occurs.
(2) Local government means a municipality or county.
(3) Local permit authority means the governing body of a local government
with which an application for development in an area of state interest or for conduct of an activity of state interest must be filed, or the designee thereof.
(4) Matter of state interest means an area of state interest or an activity of
state interest or both.
(5) Municipality means a home rule or statutory city, town, or city and
county or a territorial charter city.
(6) Person means any individual, limited liability company, partnership,
corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.
Source: L. 74: Entire article added, p. 336, � 1, effective May 17. L. 90: (6)
amended, p. 449, � 19, effective April 18.
24-65.1-103. Definitions pertaining to natural hazards. As used in this
article, unless the context otherwise requires:
(1) Aspect means the cardinal direction the land surface faces,
characterized by north-facing slopes generally having heavier vegetation cover.
(2) Avalanche means a mass of snow or ice and other material which may
become incorporated therein as such mass moves rapidly down a mountain slope.
(3) Corrosive soil means soil which contains soluble salts which may
produce serious detrimental effects in concrete, metal, or other substances that are in contact with such soil.
(4) Debris-fan floodplain means a floodplain which is located at the mouth
of a mountain valley tributary stream as such stream enters the valley floor.
(5) Dry wash channel and dry wash floodplain means a small watershed
with a very high percentage of runoff after torrential rainfall.
(6) Expansive soil and rock means soil and rock which contains clay and
which expands to a significant degree upon wetting and shrinks upon drying.
(7) Floodplain means an area adjacent to a stream, which area is subject to
flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Mainstream floodplains;
(b) Debris-fan floodplains; and
(c) Dry wash channels and dry wash floodplains.
(8) Geologic hazard means a geologic phenomenon which is so adverse to
past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Avalanches, landslides, rock falls, mudflows, and unstable or potentially
unstable slopes;
(b) Seismic effects;
(c) Radioactivity; and
(d) Ground subsidence.
(9) Geologic hazard area means an area which contains or is directly
affected by a geologic hazard.
(10) Ground subsidence means a process characterized by the downward
displacement of surface material caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by man-made phenomena such as underground mining.
(11) Mainstream floodplain means an area adjacent to a perennial stream,
which area is subject to periodic flooding.
(12) Mudflow means the downward movement of mud in a mountain
watershed because of peculiar characteristics of extremely high sediment yield and occasional high runoff.
(13) Natural hazard means a geologic hazard, a wildfire hazard, or a flood.
(14) Natural hazard area means an area containing or directly affected by a
natural hazard.
(15) Radioactivity means a condition related to various types of radiation
emitted by natural radioactive minerals that occur in natural deposits of rock, soil, and water.
(16) Seismic effects means direct and indirect effects caused by an
earthquake or an underground nuclear detonation.
(17) Siltation means a process which results in an excessive rate of removal
of soil and rock materials from one location and rapid deposit thereof in adjacent areas.
(18) Slope means the gradient of the ground surface which is definable by
degree or percent.
(19) Unstable or potentially unstable slope means an area susceptible to a
landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials.
(20) Wildfire behavior means the predictable action of a wildfire under
given conditions of slope, aspect, and weather.
(21) Wildfire hazard means a wildfire phenomenon which is so adverse to
past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Slope and aspect;
(b) Wildfire behavior characteristics; and
(c) Existing vegetation types.
(22) Wildfire hazard area means an area containing or directly affected by
a wildfire hazard.
Source: L. 74: Entire article added, p. 336, � 1, effective May 17.
24-65.1-104. Definitions pertaining to other areas and activities of state
interest. As used in this article, unless the context otherwise requires:
(1) Airport means any municipal or county airport or airport under the
jurisdiction of an airport authority.
(2) Area around a key facility means an area immediately and directly
affected by a key facility.
(3) Arterial highway means any limited-access highway which is part of the
federal-aid interstate system or any limited-access highway constructed under the supervision of the department of transportation.
(4) Collector highway means a major thoroughfare serving as a corridor or
link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the department of transportation. Collector highway does not include a city street or local service road or a county road designed for local service and constructed under the supervision of local government.
(5) Domestic water and sewage treatment system means a wastewater
treatment facility, water distribution system, or water treatment facility, as defined in section 25-9-102 (5), (6), and (7), C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected for treatment.
(6) Historical or archaeological resources of statewide importance means
resources which have been officially included in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.
(7) Key facilities means:
(a) Airports;
(b) Major facilities of a public utility;
(c) Interchanges involving arterial highways;
(d) Rapid or mass transit terminals, stations, and fixed guideways.
(8) Major facilities of a public utility means:
(a) Central office buildings of telephone utilities;
(b) Transmission lines, power plants, and substations of electrical utilities;
and
(c) Pipelines and storage areas of utilities providing natural gas or other
petroleum derivatives.
(9) Mass transit means a coordinated system of transit modes providing
transportation for use by the general public.
(10) Mineral means an inanimate constituent of the earth, in solid, liquid, or
gaseous state, which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing, or a construction material. Mineral does not include surface or groundwater subject to appropriation for domestic, agricultural, or industrial purposes, nor does it include geothermal resources.
(11) Mineral resource area means an area in which minerals are located in
sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools, or otherwise as to be capable of economic recovery. Mineral resource area includes but is not limited to any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining.
(12) Natural resources of statewide importance is limited to shorelands of
major, publicly owned reservoirs and significant wildlife habitats in which the wildlife species, as identified by the division of parks and wildlife of the department of natural resources, in a proposed area could be endangered.
(13) New communities means the major revitalization of existing
municipalities or the establishment of urbanized growth centers in unincorporated areas.
(14) Rapid transit means the element of a mass transit system involving a
mechanical conveyance on an exclusive lane or guideway constructed solely for that purpose.
Source: L. 74: Entire article added, p. 338, � 1, effective May 17. L. 91: (3) and
(4) amended, p. 1067, � 34, effective July 1. L. 2010: (5) amended, (HB 10-1422), ch. 419, p. 2087, � 75, effective August 11.
24-65.1-105. Effect of article - public utilities. (1) With regard to public
utilities, nothing in this article shall be construed as enhancing or diminishing the power and authority of municipalities, counties, or the public utilities commission. Any order, rule, or directive issued by any governmental agency pursuant to this article shall not be inconsistent with or in contravention of any decision, order, or finding of the public utilities commission with respect to public convenience and necessity. The public utilities commission and public utilities shall take into consideration and, when feasible, foster compliance with adopted land use master plans of local governments, regions, and the state.
(2) Nothing in this article shall be construed as enhancing or diminishing the
rights and procedures with respect to the power of a public utility to acquire property and rights-of-way by eminent domain to serve public need in the most economical and expedient manner.
Source: L. 74: Entire article added, p. 339, � 1, effective May 17.
24-65.1-106. Effect of article - rights of property owners - water rights. (1)
Nothing in this article shall be construed as:
(a) Enhancing or diminishing the rights of owners of property as provided by
the state constitution or the constitution of the United States;
(b) Modifying or amending existing laws or court decrees with respect to the
determination and administration of water rights.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
24-65.1-107. Effect of article - developments in areas of state interest and
activities of state interest meeting certain conditions. (1) This article shall not apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions as of May 17, 1974:
(a) The development or activity is covered by a current building permit issued
by the appropriate local government; or
(b) The development or activity has been approved by the electorate; or
(c) The development or activity is to be on land:
(I) Which has been conditionally or finally approved by the appropriate local
government for planned unit development or for a use substantially the same as planned unit development; or
(II) Which has been zoned by the appropriate local government for the use
contemplated by such development or activity; or
(III) With respect to which a development plan has been conditionally or
finally approved by the appropriate governmental authority.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
24-65.1-108. Effect of article - state agency or commission responses. (1)
Whenever any person desiring to carry out development as defined in section 24-65.1-102 (1) is required to obtain a permit, to be issued by any state agency or commission for the purpose of authorizing or allowing such development, pursuant to this or any other statute or regulation promulgated thereunder, such agency or commission shall establish a reasonable time period, which shall not exceed sixty days following receipt of such permit application, within which such agency or commission must respond in writing to the applicant, granting or denying said permit or specifying all reasonable additional information necessary for the agency or commission to respond. If additional information is required, said agency or commission shall set a reasonable time period for response following the receipt of such information.
(2) Whenever a state agency or commission denies a permit, the denial must
specify:
(a) The regulations, guidelines, and criteria or standards used in evaluating
the application;
(b) The reasons for denial and the regulations, guidelines, and criteria or
standards the application fails to satisfy; and
(c) The action that the applicant would have to take to satisfy the state
agency's or commission's permit requirements.
(3) Whenever an application for a permit, as provided under this section,
contains a statement describing the proposed nature, uses, and activities in conceptual terms for the development intended to be accomplished and is not accompanied with all additional information, including, without limitation, engineering studies, detailed plans and specifications, and zoning approval, or, whenever a hearing is required by the statutes, regulations, rules, ordinances, or resolutions thereof prior to the issuance of the requested permit, the agency or commission shall, within the time provided in this section for response, indicate its acceptance or denial of the permit on the basis of the concept expressed in the statement of the proposed uses and activities contained in the application. Such conceptual approval shall be made subject to the applicant filing and completing all prerequisite detailed additional information in accordance with the usual filing requirements of the agency or commission within a reasonable period of time.
(4) All agencies and commissions authorized or required to issue permits for
development shall adopt rules and regulations, or amend existing rules and regulations, so as to require that such agencies and commissions respond in the time and manner required in this section.
(5) Nothing in this section shall shorten the time allowed for responses
provided by federal statute dealing with, or having a bearing on, the subject of any such application for permit.
(6) The provisions of this section shall not apply to applications approved,
denied, or processed by a unit of local government.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
PART 2
AREAS AND ACTIVITIES DESCRIBED -
CRITERIA FOR ADMINISTRATION
24-65.1-201. Areas of state interest as determined by local governments.
(1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain areas of state interest from among the following:
(a) Mineral resource areas;
(b) Natural hazard areas;
(c) Areas containing, or having a significant impact upon, historical, natural,
or archaeological resources of statewide importance; and
(d) Areas around key facilities in which development may have a material
effect upon the key facility or the surrounding community.
Source: L. 74: Entire article added, p. 341, � 1, effective May 17.
24-65.1-202. Criteria for administration of areas of state interest. (1) (a)
Mineral resource areas designated as areas of state interest shall be protected and administered in such a manner as to permit the extraction and exploration of minerals therefrom, unless extraction and exploration would cause significant danger to public health and safety. If the local government having jurisdiction, after weighing sufficient technical or other evidence, finds that the economic value of the minerals present therein is less than the value of another existing or requested use, such other use should be given preference; however, other uses which would not interfere with the extraction and exploration of minerals may be permitted in such areas of state interest.
(b) Areas containing only sand, gravel, quarry aggregate, or limestone used
for construction purposes shall be administered as provided by part 3 of article 1 of title 34, C.R.S.
(c) The extraction and exploration of minerals from any area shall be
accomplished in a manner which causes the least practicable environmental disturbance, and surface areas disturbed thereby shall be reclaimed in accordance with the provisions of article 32 of title 34, C.R.S.
(d) Repealed.
(2) (a) Natural hazard areas shall be administered as follows:
(I) (A) Floodplains shall be administered so as to minimize significant hazards
to public health and safety or to property. The Colorado water conservation board shall promulgate a model floodplain regulation no later than September 30, 1974. Open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction shall be encouraged in the floodplains. Any combination of these activities shall be conducted in a mutually compatible manner. Building of structures in the floodplain shall be designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impact of such development on downstream communities such as the creation of obstructions during floods. Activities shall be discouraged that, in time of flooding, would create significant hazards to public health and safety or to property. Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems shall be protected from inundation by floodwaters. Unless an activity of state interest is to be conducted therein, an area of corrosive soil, expansive soil and rock, or siltation shall not be designated as an area of state interest unless the Colorado conservation board, through the local conservation district, identifies such area for designation.
(B) Nothing in sub-subparagraph (A) of this subparagraph (I), as amended by
House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(II) Wildfire hazard areas in which residential activity is to take place shall be
administered so as to minimize significant hazards to public health and safety or to property. The Colorado state forest service shall promulgate a model wildfire hazard area control regulation no later than September 30, 1974. If development is to take place, roads shall be adequate for service by fire trucks and other safety equipment. Firebreaks and other means of reducing conditions conducive to fire shall be required for wildfire hazard areas in which development is authorized.
(III) In geologic hazard areas all developments shall be engineered and
administered in a manner that will minimize significant hazards to public health and safety or to property due to a geologic hazard. The Colorado geological survey shall promulgate a model geologic hazard area control regulation no later than September 30, 1974.
(b) After promulgation of guidelines for land use in natural hazard areas by
the Colorado water conservation board, the Colorado conservation board through the conservation districts, the Colorado state forest service, and the Colorado geological survey, natural hazard areas shall be administered by local government in a manner that is consistent with the guidelines for land use in each of the natural hazard areas.
(3) Areas containing, or having a significant impact upon, historical, natural,
or archaeological resources of statewide importance, as determined by the state historical society, the department of natural resources, and the appropriate local government, shall be administered by the appropriate state agency in conjunction with the appropriate local government in a manner that will allow man to function in harmony with, rather than be destructive to, these resources. Consideration is to be given to the protection of those areas essential for wildlife habitat. Development in areas containing historical, archaeological, or natural resources shall be conducted in a manner which will minimize damage to those resources for future use.
(4) The following criteria shall be applicable to areas around key facilities:
(a) If the operation of a key facility may cause a danger to public health and
safety or to property, as determined by local government, the area around the key facility shall be designated and administered so as to minimize such danger; and
(b) Areas around key facilities shall be developed in a manner that will
discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by local government. Compatibility with nonmotorized traffic shall be encouraged. A development that imposes burdens or deprivation on the communities of a region cannot be justified on the basis of local benefit alone.
(5) In addition to the criteria described in subsection (4) of this section, the
following criteria shall be applicable to areas around particular key facilities:
(a) Areas around airports shall be administered so as to:
(I) Encourage land use patterns for housing and other local government
needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas; and
(II) Avoid danger to public safety and health or to property due to aircraft
crashes.
(b) Areas around major facilities of a public utility shall be administered so as
to:
(I) Minimize disruption of the service provided by the public utility; and
(II) Preserve desirable existing community patterns.
(c) Areas around interchanges involving arterial highways shall be
administered so as to:
(I) Encourage the smooth flow of motorized and nonmotorized traffic;
(II) Foster the development of such areas in a manner calculated to preserve
the smooth flow of such traffic; and
(III) Preserve desirable existing community patterns.
(d) Areas around rapid or mass transit terminals, stations, or guideways shall
be developed in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such development in such areas shall be made with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.
Source: L. 74: Entire article added, p. 341, � 1, effective May 17. L. 75: (5)(a)
amended, p. 1270, � 4, effective July 1. L. 88: (1)(c) amended, p. 1436, � 34, effective June 11. L. 2002: (2)(a)(I) and (2)(b) amended, p. 514, � 3, effective July 1. L. 2005: (2)(a)(I) amended, p. 348, � 3, effective August 8. L. 2010: (1)(d) amended, (SB 10-174), ch. 189, p. 810, � 1, effective August 11. L. 2019: (1)(d) repealed, (SB 19-181), ch. 120, p. 502, � 1, effective April 16.
24-65.1-203. Activities of state interest as determined by local
governments. (1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain activities of state interest from among the following:
(a) Site selection and construction of major new domestic water and sewage
treatment systems and major extension of existing domestic water and sewage treatment systems;
(b) Site selection and development of solid waste disposal sites except those
sites specified in section 25-11-203 (1), C.R.S., sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section 25-15-200.3, C.R.S.;
(c) Site selection of airports;
(d) Site selection of rapid or mass transit terminals, stations, and fixed
guideways;
(e) Site selection of arterial highways and interchanges and collector
highways;
(f) Site selection and construction of major facilities of a public utility;
(g) Site selection and development of new communities;
(h) Efficient utilization of municipal and industrial water projects;
(i) Conduct of nuclear detonations; and
(j) The use of geothermal resources for the commercial production of
electricity.
Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 79: (1)(b)
amended, p. 1067, � 9, effective June 15; (1)(b) amended, p. 1070, � 2, effective January 1, 1980. L. 83: (1)(b) amended, p. 1105, � 26, effective June 3. L. 2010: (1)(j) added, (SB 10-174), ch. 189, p. 810, � 2, effective August 11.
Editor's note: Amendments to subsection (1)(b) by Senate Bill 79-335 and
House Bill 79-1156 were harmonized, effective January 1, 1980.
24-65.1-204. Criteria for administration of activities of state interest. (1) (a)
New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.
(b) Major extensions of domestic water and sewage treatment systems shall
be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.
(2) Major solid waste disposal sites shall be developed in accordance with
sound conservation practices and shall emphasize, where feasible, the recycling of waste materials. Consideration shall be given to longevity and subsequent use of waste disposal sites, soil and wind conditions, the potential problems of pollution inherent in the proposed site, and the impact on adjacent property owners, compared with alternate locations.
(3) Airports shall be located or expanded in a manner which will minimize
disruption to the environment of existing communities, minimize the impact on existing community services, and complement the economic and transportation needs of the state and the area.
(4) (a) Rapid or mass transit terminals, stations, or guideways shall be
located in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Activities shall be conducted with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.
(b) Proposed locations of rapid or mass transit terminals, stations, and fixed
guideways which will not require the demolition of residences or businesses shall be given preferred consideration over competing alternatives.
(c) A proposed location of a rapid or mass transit terminal, station, or fixed
guideway that imposes a burden or deprivation on a local government cannot be justified on the basis of local benefit alone, nor shall a permit for such a location be denied solely because the location places a burden or deprivation on one local government.
(5) Arterial highways and interchanges and collector highways shall be
located so that:
(a) Community traffic needs are met;
(b) Desirable community patterns are not disrupted; and
(c) Direct conflicts with adopted local government, regional, and state
master plans are avoided.
(6) Where feasible, major facilities of public utilities shall be located so as to
avoid direct conflict with adopted local government, regional, and state master plans.
(7) When applicable, or as may otherwise be provided by law, a new
community design shall, at a minimum, provide for transportation, waste disposal, schools, and other governmental services in a manner that will not overload facilities of existing communities of the region. Priority shall be given to the development of total communities which provide for commercial and industrial activity, as well as residences, and for internal transportation and circulation patterns.
(8) Municipal and industrial water projects shall emphasize the most
efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas.
(9) Nuclear detonations shall be conducted so as to present no material
danger to public health and safety. Any danger to property shall not be disproportionate to the benefits to be derived from a detonation.
Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 75: (4)(a)
amended, p. 1270, � 5, effective July 1.
PART 3
LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS
24-65.1-301. Functions of local government. (1) Pursuant to this article, it is
the function of local government to:
(a) Designate matters of state interest after public hearing, taking into
consideration:
(I) The intensity of current and foreseeable development pressures; and
(II) Applicable guidelines for designation issued by the applicable state
agencies;
(b) Hold hearings on applications for permits for development in areas of
state interest and for activities of state interest;
(c) Grant or deny applications for permits for development in areas of state
interest and for activities of state interest;
(d) Receive recommendations from state agencies and other local
governments relating to matters of state interest;
(e) Send recommendations to other local governments relating to matters of
state interest.
(f) (Deleted by amendment, L. 2005, p. 667, � 2, effective June 1, 2005.)
Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 2005:
(1)(e) and (1)(f) amended, p. 667, � 2, effective June 1.
24-65.1-302. Functions of other state agencies. (1) Pursuant to this article,
it is the function of other state agencies to:
(a) Send recommendations to local governments relating to designation of
matters of state interest on the basis of current and developing information; and
(b) Provide technical assistance to local governments concerning
designation of and guidelines for matters of state interest.
(2) Primary responsibility for the recommendation and provision of technical
assistance functions described in subsection (1) of this section is upon:
(a) The Colorado water conservation board, acting in cooperation with the
Colorado conservation board, with regard to floodplains;
(b) The Colorado state forest service, with regard to wildfire hazard areas;
(c) The Colorado geological survey, with regard to geologic hazard areas,
geologic reports, and the identification of mineral resource areas;
(d) The division of reclamation, mining, and safety, with regard to mineral
extraction and the reclamation of land disturbed thereby;
(e) The Colorado conservation board and conservation districts, with regard
to resource data inventories, soils, soil suitability, erosion and sedimentation, floodwater problems, and watershed protection; and
(f) The division of parks and wildlife of the department of natural resources,
with regard to significant wildlife habitats.
(3) Repealed.
Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 92: (2)(d)
amended, p. 1970, � 74, effective July 1. L. 2002: (2)(a) and (2)(e) amended, p. 514, � 4, effective July 1. L. 2005: (1)(a) amended, p. 667, � 3, effective June 1. L. 2006: (2)(d) amended, p. 213, � 4, effective August 7. L. 2019: (3) repealed, (SB 19-181), ch. 120, p. 502, � 2, effective April 16.
PART 4
DESIGNATION OF MATTERS OF STATE INTEREST -
GUIDELINES FOR ADMINISTRATION
24-65.1-401. Designation of matters of state interest. (1) After public
hearing, a local government may designate matters of state interest within its jurisdiction, taking into consideration:
(a) The intensity of current and foreseeable development pressures.
(b) Repealed.
(2) A designation shall:
(a) Specify the boundaries of the proposed area; and
(b) State reasons why the particular area or activity is of state interest, the
dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.
Source: L. 74: Entire section added, p. 347, � 1, effective May 17. L. 2005:
(1)(b) repealed, p. 667, � 1, effective June 1.
24-65.1-402. Guidelines - regulations. (1) The local government shall
develop guidelines for administration of the designated matters of state interest. The content of such guidelines shall be such as to facilitate administration of matters of state interest consistent with sections 24-65.1-202 and 24-65.1-204.
(2) A local government may adopt regulations interpreting and applying its
adopted guidelines in relation to specific developments in areas of state interest and to specific activities of state interest.
(3) No provision in this article shall be construed as prohibiting a local
government from adopting guidelines or regulations containing requirements which are more stringent than the requirements of the criteria listed in sections 24-65.1-202 and 24-65.1-204.
Source: L. 74: Entire article added, p. 347, � 1, effective May 17.
24-65.1-403. Technical and financial assistance. (1) Appropriate state
agencies shall provide technical assistance to local governments in order to assist local governments in designating matters of state interest and adopting guidelines for the administration thereof.
(2) (a) The department of local affairs shall oversee and coordinate the
provision of technical assistance and provide financial assistance as may be authorized by law.
(b) The department of local affairs shall determine whether technical or
financial assistance or both are to be given to a local government on the basis of the local government's:
(I) Showing that current or reasonably foreseeable development pressures
exist within the local government's jurisdiction; and
(II) Plan describing the proposed use of technical assistance and expenditure
of financial assistance.
(3) (a) Any local government applying for federal or state financial
assistance for floodplain studies shall provide prior notification to the Colorado water conservation board. The board shall coordinate and prescribe the standards for all floodplain studies conducted pursuant to this article, including those conducted by federal, local, or other state agencies, to the end that reasonably uniform standards can be applied to the identification and designation of all floodplains within the state and to minimize duplication of effort.
(b) No floodplains shall be designated by any local government until such
designation has been first approved by the Colorado water conservation board as provided in sections 30-28-111 and 31-23-301, C.R.S.
Source: L. 74: Entire article added, p. 347, � 1, effective May 17. L. 77: (3)
added, p. 1241, � 1, effective June 3.
24-65.1-404. Public hearing - designation of an area or activity of state
interest and adoption of guidelines by order of local government. (1) The local government shall hold a public hearing before designating an area or activity of state interest and adopting guidelines for administration thereof.
(2) (a) Notice, stating the time and place of the hearing and the place at
which materials relating to the matter to be designated and guidelines may be examined, shall be published once at least thirty days and not more than sixty days before the public hearing in a newspaper of general circulation in the county.
(b) Any person may request, in writing, that his name and address be placed
on a mailing list to receive notice of all hearings held pursuant to this section. If the local government decides to maintain such a mailing list, it shall mail notices to each person paying an annual fee reasonably related to the cost of production, handling, and mailing of such notice. In order to have his name and address retained on said mailing list, the person shall resubmit his name and address and pay such fee before January 31 of each year.
(3) Within thirty days after completion of the public hearing, the local
government, by order, may adopt, adopt with modification, or reject the particular designation and guidelines; but the local government, in any case, shall have the duty to designate any matter which has been finally determined to be a matter of state interest and adopt guidelines for the administration thereof.
(4) After a matter of state interest is designated pursuant to this section, no
person shall engage in development in such area, and no such activity shall be conducted until the designation and guidelines for such area or activity are finally determined pursuant to this article.
(5) (Deleted by amendment, L. 2005, p. 668, � 4, effective June 1, 2005.)
Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:
(2)(a) and (5) amended, p. 668, � 4, effective June 1.
24-65.1-405. Report of local government's progress. (Repealed)
Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
24-65.1-406. Colorado land use commission review of local government
order containing designation and guidelines. (Repealed)
Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
24-65.1-407. Colorado land use commission may initiate identification,
designation, and promulgation of guidelines for matters of state interest. (Repealed)
Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
PART 5
PERMITS FOR DEVELOPMENT IN AREAS
OF STATE INTEREST AND FOR CONDUCT OF
ACTIVITIES OF STATE INTEREST
24-65.1-501. Permit for development in area of state interest or to conduct
an activity of state interest required. (1) (a) Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application.
(b) The requirement of paragraph (a) of this subsection (1) that a public utility
obtain a permit shall not be deemed to waive the requirements of article 5 of title 40, C.R.S., that a public utility obtain a certificate of public convenience and necessity.
(2) (a) Not later than thirty days after receipt of an application for a permit,
the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing.
(b) If a person proposes to engage in development in an area of state interest
or to conduct an activity of state interest not previously designated and for which guidelines have not been adopted, the local government may hold one hearing for determination of designation and guidelines and granting or denying the permit.
(c) The local government may maintain a mailing list and send notice of
hearings relating to permits in a manner similar to that described in section 24-65.1-404 (2)(b).
(d) If the development or activity involves the construction or expansion of
transmission facilities for which the applicant has sought a certificate of public convenience and necessity from the public utilities commission pursuant to section 40-2-126, the local government shall approve or deny issuance of the permit within one hundred eighty days after the application is deemed complete and public notice of the application is given. If the local government does not deny issuance of the permit within that period, the application is deemed approved.
(3) The local government may approve an application for a permit to engage
in development in an area of state interest if the proposed development complies with the local government's guidelines and regulations governing such area. If the proposed development does not comply with the guidelines and regulations, the permit shall be denied.
(4) The local government may approve an application for a permit to conduct
an activity of state interest if the proposed activity complies with the local government's regulations and guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied.
(5) The local government conducting a hearing pursuant to this section shall:
(a) State, in writing, reasons for its decision, and its findings and conclusions;
and
(b) Preserve a record of such proceedings.
(6) After May 17, 1974, any person desiring to engage in a development in a
designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this section may be enjoined by the appropriate local government from engaging in such development or conducting such activity.
(7) As part of an application for a permit under subsection (1) of this section,
a transmission provider, as defined in section 33-45-102 (11), must demonstrate to the local government through written documentation that it has complied with sections 29-20-108 (6) and 33-45-103 (2).
Source: L. 74: Entire article added, p. 350, � 1, effective May 17. L. 2005:
(1)(a), (2)(a), and (6) amended, p. 668, � 5, effective June 1. L. 2021: (2)(d) added, (SB 21-072), ch. 329, p. 2127, � 6, effective June 24. L. 2022: (7) added, (HB 22-1104), ch. 97, p. 465, � 3, effective April 13.
Cross references: For the legislative declaration in HB 22-1104, see section 1
of chapter 97, Session Laws of Colorado 2022.
24-65.1-502. Judicial review. The denial of a permit by a local government
agency shall be subject to judicial review in the district court for the judicial district in which the major development or activity is to occur.
Source: L. 74: Entire article added, p. 351, � 1, effective May 17.
ARTICLE 65.5
Notification of Surface Development
Law reviews: For article, Oil and Gas Title Searches and Notice Under the
Surface Development Notification Act, see 31 Colo. Law. 113 (Oct. 2002).
24-65.5-101. Legislative declaration - intent. The general assembly
recog
C.R.S. § 24-92-117
24-92-117. Maximum global warming potential for materials used in eligible projects - buildings - projects that are not roads, highways, or bridges - environmental product declaration - short title - report - definitions. (1) The short title of this section and section 24-92-118 is the Buy Clean Colorado Act.
(2) As used in this section, unless the context otherwise requires:
(a) Eligible material means materials used in the construction of a public
project, including:
(I) Asphalt and asphalt mixtures;
(II) Cement and concrete mixtures;
(III) Glass;
(IV) Post-tension steel;
(V) Reinforcing steel;
(VI) Structural steel; and
(VII) Wood structural elements.
(b) Eligible project means a public project as defined in section 24-92-102,
for which an agency of government issues a solicitation on or after January 1, 2024; except that eligible project does not include any maintenance program for the upkeep of a public project or any road, highway, or bridge project.
(c) Greenhouse gas has the same meaning as set forth in section 25-7-140
(6).
(d) Office of the state architect means the office of the state architect in
the department of personnel.
(3) (a) By January 1, 2024, the office of the state architect shall establish by
policy a maximum acceptable global warming potential for each category of eligible materials used in an eligible project in accordance with the following requirements:
(I) The office of the state architect shall base the maximum acceptable
global warming potential on the industry average of global warming potential emissions for that material. The office of the state architect shall determine the industry average by consulting nationally or internationally recognized databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions.
(II) The office of the state architect shall express the maximum acceptable
global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials. The global warming potential shall be provided in a manner that is consistent with criteria in an environmental product declaration. The office of the state architect may establish additional subcategories within each eligible material with distinct maximum acceptable global warming potential limits. The policy may permit maximum acceptable global warming potential for each material category in the aggregate.
(b) In establishing a maximum acceptable global warming potential for each
category of eligible materials used in an eligible project, the office of the state architect may consult with any other relevant department or division of state government.
(c) By January 1, 2026, and every four years thereafter, the office of the state
architect shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the number for any eligible material to reflect industry conditions. The office of the state architect shall not adjust the number upward for any eligible material.
(4) (a) (I) For any solicitation for a contract for the design of an eligible
project, an agency of government shall require the designer who is awarded the contract to include, in project specifications when final construction documents are released, a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the office of the state architect for each eligible material proposed to be used in the eligible project that meet the maximum acceptable global warming potential for each category of eligible materials.
(II) If a product that meets the maximum acceptable global warming
potential for a category of eligible materials is not reasonably priced or is not available on a reasonable basis at the time of design or construction, the office of the state architect may waive the requirements of this section for that product.
(b) For any solicitation for a contract for an eligible project, an agency of
government shall specify the eligible materials that will be used in the project and reasonable minimum usage thresholds below which the requirements of this section shall not apply. An agency of government may include in a specification for solicitations for an eligible project a global warming potential for any eligible material that is lower than the maximum acceptable global warming potential for that material as determined pursuant to subsection (3) of this section.
(c) A contractor that is awarded a contract for an eligible project shall not
install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (4)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the original specification required by subsection (4)(a) of this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the agency of government and install an alternative eligible material with an environmental product declaration. If a product meeting the maximum acceptable global warming potential for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the agency of government may waive the requirements of this section for that product. The agency of government shall report the waivers it awards to the office of the state architect.
(5) In administering this section, the office of the state architect shall strive
to achieve a continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).
(6) Beginning in 2026, and in each year thereafter, the office of the state
architect shall prepare a report for the general assembly that includes the following information:
(a) For the report prepared in 2026 only, a description of the method that the
office of the state architect used to develop the maximum acceptable global warming potential for each category of eligible materials;
(b) What the office of the state architect has learned about how to identify
and quantify embodied carbon in building materials, including life cycle costs; and
(c) Any obstacles the office of the state architect as well as bidding
contractors have encountered in identifying and quantifying embodied carbon in building materials.
(7) For purposes of the sales and use tax exemption for eligible
decarbonizing building materials allowed pursuant to section 39-26-731, any manufacturer of an eligible material may submit the environmental product declaration for the eligible material to the office of the state architect. The office shall review the environmental product declaration for any eligible material submitted to the office by a manufacturer, and shall determine whether the manufacturer's eligible material is within the maximum acceptable global warming potential for that material as determined by the office pursuant to subsection (3) of this section. Beginning January 1, 2024, the office shall compile and maintain a list of all eligible materials and the manufacturers of the eligible materials that are submitted to the office and verified by the office to be within the maximum acceptable global warming potential for that material as determined by the office pursuant to subsection (3) of this section. In compiling the list, the office shall consult with the department of revenue to ensure that all information required for purposes of the sales and use tax exemption allowed pursuant to section 39-26-731 is included on the list. The office shall regularly update the list, post the most current version of the list on the office's website, and ensure that the list is available to the department of revenue.
Source: L. 2021: Entire section added, (HB 21-1303), ch. 454, p. 3023, � 2,
effective September 7. L. 2022: (7) added, (SB 22-051), ch. 333, p. 2345, � 1, effective August 10.
Cross references: For the legislative declaration in HB 21-1303, see section 1
of chapter 454, Session Laws of Colorado 2021.
C.R.S. § 24-92-118
24-92-118. Maximum global warming potential for materials used in public projects - road - highway - bridge projects - environmental product declaration - short title - report - definitions. (1) The short title of this section and section 24-92-117 is the Buy Clean Colorado Act.
(2) As used in this section, unless the context otherwise requires:
(a) Department means the department of transportation.
(b) Eligible material means materials used in the construction of a public
project, including, but not limited to:
(I) Asphalt and asphalt mixtures;
(II) Cement and concrete mixtures; and
(III) Steel.
(c) Greenhouse gas has the same meaning as set forth in section 25-7-140
(6).
(d) Public project means all publicly bid construction projects, projects
from within the asset management, or other projects as determined by the department.
(3) (a) By January 1, 2025, the department shall establish a policy to
determine and record greenhouse gas emissions from eligible materials used in a public project with the goal of reducing greenhouse gas emissions in accordance with the following requirements:
(I) The department shall use the nationally or internationally recognized
databases of environmental product declarations and may include transportation-related emissions as part of the global warming potential emissions; and
(II) The department shall develop a tracking and reporting process in a
manner that is consistent with criteria in an environmental product declaration. The department may establish additional subcategories within each eligible material with distinct maximum global warming potential limits.
(b) In establishing the policy pursuant to this section, the department may
consult with any other relevant department or division of state government.
(c) By January 1, 2027, and every four years thereafter, the department of
transportation shall review the policy created pursuant to this section and may adjust the policy to reflect industry conditions. The department shall not adjust the policy for any eligible material to be less stringent.
(4) (a) For invitation for bids for contracts for public projects issued on or
after July 1, 2022, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, for each eligible material proposed to be used in the public project.
(b) For invitation for bids for contracts for public projects issued on or after
July 1, 2025, the department shall require the contractor who is awarded the contract to submit a current environmental product declaration, type III, as defined by the international organization for standardization standard 14025:2006, or similarly robust life cycle assessment methods that have uniform standards in data collection, as set by policy by the department for each eligible material proposed to be used in the public project.
(c) For invitation for bids for contracts for publicly bid public projects issued
on or after July 1, 2025, the department of transportation shall specify the eligible materials that will be used in the project based on the policy and reasonable minimum usage thresholds below which the requirements of this section shall not apply.
(d) A contractor that is awarded a contract for a public project shall not
install any eligible materials on the project until the contractor submits an environmental product declaration for that material pursuant to subsection (3)(a) of this section. The environmental product declaration shall be deemed approved if it complies with the policy established by the department pursuant to this section. If an environmental product declaration is not available for an eligible material, the contractor shall notify the department and install an alternative eligible material with an environmental product declaration. If a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the department may waive the requirements of this section for that product.
(5) In administering this section, the department shall strive to achieve a
continuous reduction of greenhouse gas emissions over time. Reduction of greenhouse gas emissions achieved under this section shall be credited under the process created in section 25-7-105 (1)(e).
(6) Beginning in 2026, the department shall annually present the following
information to the transportation legislation review committee, or any successor committee:
(a) For the presentation in 2026 only, a description of the method that the
department used to develop the policy requirements for each category of eligible materials;
(b) What the department has learned about how to identify and quantify
embodied carbon in building materials, including life cycle costs; and
(c) Any obstacles the department as well as bidding contractors have
encountered in identifying and quantifying embodied carbon in building materials.
Source: L. 2021: Entire section added, (HB 21-1303), ch. 454, p. 3026, � 2,
effective September 7.
Cross references: For the legislative declaration in HB 21-1303, see section 1
of chapter 454, Session Laws of Colorado 2021.
PART 2
PREVAILING WAGE FOR PUBLIC PROJECTS
C.R.S. § 25-15-101
25-15-101. Definitions. As used in this article 15, unless the context otherwise requires:
(1) Commission means the solid and hazardous waste commission created
in part 3 of this article.
(2) Department means the department of public health and environment
created by section 25-1-102.
(3) Disposal means the discharge, deposit, injection, dumping, spilling,
leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
(4) Domestic sewage means untreated sanitary wastes that pass through a
sewer system.
(4.3) Environmental covenant means an instrument containing
environmental use restrictions created pursuant to section 25-15-321.
(4.5) Environmental remediation project means closure of a hazardous
waste management unit or solid waste disposal site or any remediation of environmental contamination, including determinations to rely solely or partially on environmental use restrictions to protect human health and the environment but excluding interim measures that are not intended as the final remedial action, that is conducted under any of the following:
(a) Subchapter III or IX of the federal Resource Conservation and Recovery
Act of 1976, 42 U.S.C. secs. 6921 to 6939e and 6991 to 6991i, as amended;
(b) Section 7002 or 7003 of the federal Resource Conservation and
Recovery Act of 1976, 42 U.S.C. secs. 6972 and 6973, as amended;
(c) The federal Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended;
(d) The federal Uranium Mill Tailings Radiation Control Act of 1978, 42
U.S.C. sec. 7901 et seq., as amended;
(e) Part 1 of article 11 of this title, including any decommissioning of sites
licensed under that part;
(f) Part 3 of article 11 of this title;
(g) Part 3 of article 15 of this title; and
(h) Article 20 of title 30, C.R.S.
(4.7) Environmental use restriction means a prohibition of one or more uses
of or activities on specified real property, including drilling for or pumping groundwater; a requirement to perform certain acts, including requirements for maintenance, operation, or monitoring necessary to preserve such prohibition of uses or activities; or both, where such prohibitions or requirements are relied upon in the remedial decision for an environmental remediation project for the purpose of protecting human health or the environment.
(5) Federal act means the federal Solid Waste Disposal Act, as amended
by the federal Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. sec. 6901 et seq.
(5.5) Hazardous substance means any substance that is defined as a
hazardous substance, pollutant, or contaminant under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended, or its implementing regulations.
(6) (a) Hazardous waste means any material, alone or mixed with other
materials, which has no commercial use or value, or which is discarded or is to be discarded by the possessor thereof, either of which because its quantity, concentration, or physical or chemical characteristics may:
(I) Cause, or significantly contribute to, an increase in mortality or an
increase in serious irreversible, or incapacitating reversible, illness; or
(II) Pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
(b) Hazardous waste does not include:
(I) Solid or dissolved material in discharges which are point sources subject
to permits under section 402 of the Federal Water Pollution Control Act, as amended;
(II) Source, special nuclear, or byproduct material as defined by the federal
Atomic Energy Act of 1954, as amended;
(III) (A) Agricultural, horticultural, or floricultural waste from the raising of
crops or animals, including animal manures, that are returned to the soil as fertilizers or soil conditioners.
(B) Nothing in sub-subparagraph (A) of this subparagraph (III), as amended
by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(IV) Solid or dissolved material in domestic sewage;
(V) Irrigation return flows;
(VI) Inert materials deposited for construction fill or topsoil placement in
connection with actual or contemplated construction at such location or for changes in land contour for agricultural and mining purposes, if such depositing does not fall within the definition of treatment, storage, or disposal of hazardous waste;
(VII) Any waste or other materials exempted or otherwise not regulated as a
hazardous waste under the federal act, except as provided in section 25-15-302 (4);
(VIII) Indigenous waste from prospecting and mining operations which is
disposed of in accordance with the requirements of an approved reclamation plan contained in a permit issued pursuant to article 32 of title 34, C.R.S., or article 33 of title 34, C.R.S.;
(IX) Waste from oil and gas operations, as defined in section 34-60-103, or
from deep geothermal operations, as defined in section 37-90.5-103 (3), including, but not limited to, drilling fluids, produced water, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal resources, that is disposed of in accordance with the requirements of the energy and carbon management commission pursuant to article 90.5 of title 37 and article 60 of title 34, as applicable; and
(X) Exploration and production waste, as defined in section 34-60-103.
(c) Any material which would be hazardous waste subject to the provisions of
this article except for the fact that it has commercial use or value may be subject to regulations promulgated by the commission when it is transported or stored prior to reuse.
(7) Hazardous waste generation means the act or process of producing
hazardous waste.
(8) Hazardous waste management means the systematic control of the
collection, source separation, storage, transportation, treatment, recovery, and disposal of hazardous waste.
(9) Inert material means non-water-soluble and nondecomposable inert
solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids according to rules and regulations of the commission. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and other non-water-soluble and nondecomposable inert solids including those the commission may identify by regulation.
(10) Manifest means the document used for identifying the quantity,
composition, origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of storage, treatment, or disposal.
(10.5) Notice of environmental use restrictions or restrictive notice means
an instrument containing environmental use restrictions created pursuant to section 25-15-321.5.
(11) Operation, when used in connection with hazardous waste
management, means the use of procedures, equipment, personnel, and other resources to provide hazardous waste management.
(12) Operator means the person operating a hazardous waste management
facility or site either by contract or permit.
(12.5) Owner, as used in sections 25-15-317 to 25-15-326, means the record
owner of real property and, if any, any other person or entity otherwise legally authorized to make decisions regarding the transfer of the subject property or placement of encumbrances on the subject property, other than by the exercise of eminent domain.
(13) Person means any individual, public or private corporation, partnership,
association, firm, trust or estate; the state or any executive department, institution, or agency thereof; any municipal corporation, county, city and county, or other political subdivision of the state; or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
(13.5) Remedial decision means the administrative determination by the
department, the United States environmental protection agency, or other appropriate government entity under the laws cited in subsection (4.5) of this section, that establishes the remedial requirements for the environmental remediation project.
(14) Resource recovery, when used in connection with hazardous waste,
means the operation of preparing and treating any such material or portion thereof for recycling or reuse or the recovery of material or energy.
(15) Storage, when used in connection with hazardous waste, means the
containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste. The term storage does not apply to any hazardous waste generation if such waste is retained on the site by the generator in quantities or for time periods exempted by rules and regulations promulgated by the commission.
(16) Transportation, when used in connection with hazardous waste, means
the off-site movement of hazardous waste to any intermediate point or any point of storage, treatment, or disposal.
(17) Treatment, when used in connection with an operation involved in
hazardous waste management, means any method, technique, or process, including neutralization or incineration, designed to change the physical, chemical, or biological character or composition of a hazardous waste, so as to neutralize such waste or to render such waste less hazardous, safer for transport, amenable for recovery or reuse, amenable for storage, or reduced in volume.
(18) Treatment, storage, or disposal site or facility means a location at
which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste is generated.
Source: L. 81: Entire article R&RE, p. 1343, � 1, effective July 1. L. 83: (3.5)
added, (4), (6), and (8), (10), (11), and (19) repealed, (9)(b)(I), (9)(b)(IV), and (9)(b)(VI) amended, and (9)(c) added, pp. 1088, 1105, �� 1, 28(1), 2, effective June 3. L. 89: IP(9)(a) amended, p. 1178, � 2, effective April 23. L. 92: Entire section R&RE, p. 1255, � 14, effective August 1. L. 94: (2) amended, p. 2792, � 530, effective July 1. L. 2001: (4.3), (4.5), (4.7), (5.5), (12.5), and (13.5) added, p. 451, � 1, effective July 1. L. 2005: (6)(b)(III) amended, p. 350, � 9, effective August 8. L. 2006: (1) amended, p. 1131, � 9, effective July 1. L. 2008: (10.5) added, p. 169, � 1, effective March 24. L. 2010: (4.5)(c) and (5.5) amended, (HB 10-1422), ch. 419, p. 2105, � 124, effective August 11. L. 2023: IP and (6)(b)(IX) amended and (6)(b)(X) added, (SB 23-285), ch. 235, p. 1247, � 15, effective July 1. L. 2024: (6)(b)(IX) and (6)(b)(X) amended, (HB 24-1346), ch. 216, p. 1343, � 15, effective May 21.
Cross references: For the legislative declaration contained in the 1994 act
amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.
C.R.S. § 25-7-128
25-7-128. Local government - authority - penalty. (1) Home rule cities, cities, towns, counties, and cities and counties are hereby authorized to enact local air pollution resolutions or ordinances. Every such resolution or ordinance shall provide for hearings, judicial review, and injunctions consistent with sections 25-7-118 to 25-7-121 and shall include emission control regulations which are at least the same as, or may be more restrictive than, the emission control regulations adopted pursuant to this article; except that nothing in this article shall prohibit any such local law from controlling any air pollution or air pollution source which is not subject to control under the provisions of this article and except that no permit issued under any local air pollution law with respect to any facility, activity, or process shall ever be construed to relieve any holder thereof from the duty to maintain such facility, activity, or process in compliance with the emission standards and emission control regulations adopted pursuant to this article nor to relieve the division from its duty to enforce such emission standards and emission control regulations with respect to such facility, activity, or process. Any local air pollution standards or regulations submitted and approved as revisions to the state implementation plan shall be enforced as such by the division. In order to assure coordination of efforts to control and abate air pollution, local governmental entities are encouraged to submit their adopted plans and regulations as revisions to the state implementation plan for Colorado.
(2) All local air pollution resolutions and ordinances and orders issued
pursuant thereto in existence on March 1, 1979, are validated as though adopted pursuant to the authority of subsection (1) of this section; except that, if any such local resolution, ordinance, or order fails to meet the requirements of this article, the governing body under whose authority such resolution, ordinance, or order was promulgated shall have until July 1, 1979, to amend, modify, or repeal the same so that it will meet the requirements of this article, but, if not so amended, modified, or repealed, the same shall be superseded by this article.
(3) To the extent that a local air pollution resolution adopted by a county is
more restrictive than an ordinance adopted by any city or town within such county, the county resolution shall apply in lieu of the city or town ordinance to the extent of the inconsistency.
(4) Any local governmental authority enforcing air pollution control
regulations which shall issue any enforcement order or grant any permit shall, at the time of such issuance or granting, transmit to the commission a copy of such order or permit.
(5) Application, operation, and enforcement of valid local air pollution laws
shall be completely independent of, but may be concurrent with, the application, operation, and enforcement of this article. The appointment of an air pollution control authority by the division shall in no way affect the duties and responsibilities given the same person or agency under a local air pollution law, and the appointment of an air pollution control authority by a local governmental unit shall in no way affect the duties and responsibilities given the same person or agency by the division.
(6) In order to assure coordination of efforts to control and abate air
pollution, at least semiannually the commission and each air pollution control authority created by a local air pollution law shall confer and review each other's records concerning the area subject to such local law and coordinate their respective plans and programs for such area.
(7) No local air pollution control authority shall institute any system or
program that:
(a) Conflicts with, or is in any way inconsistent with, air pollution emergency
plans promulgated by the governor pursuant to section 25-7-112 (2);
(b) Is more stringent than a corresponding state provision with respect to
measures to preserve the stratospheric ozone layer;
(c) Is more stringent than a corresponding state provision with respect to
hazardous air pollutants; except that this paragraph (c) shall not limit local zoning powers and ordinances enacted pursuant to other authorities under state law;
(d) Does not contain provisions to ensure adequate reimbursement of state
compliance and administrative expenses as required by section 25-7-114.7 (2)(a)(I)(C);
(e) Is more stringent than a corresponding state provision with respect to
asphalt and concrete plants and crushing equipment;
(f) Imposes less restrictive requirements on its own stationary sources than
those imposed on similar nongovernmental sources.
(8) Any person who violates any emission standard or emission control
regulation adopted by a local governmental entity, where such local government has not submitted its standards or regulations as revisions to the state implementation plan, shall be subject to a civil penalty of not more than three hundred dollars. Each day during which such a violation occurs shall be deemed a separate offense.
Source: L. 79: Entire article R&RE, p. 1047, � 1, effective June 20. L. 92: (7)
amended, p. 1228, � 26, effective July 1; (7) amended, p. 1293, � 4, effective July 1.
Editor's note: Amendments to subsection (7) by Senate Bill 92-105 and
House Bill 92-1178 were harmonized.
C.R.S. § 25-8-205.1
25-8-205.1. State waters protection - applicability - program to regulate the discharge of dredged or fill material - duties of commission and division - applicability and scope of section - legislative declaration - definitions - rules - repeal. (1) Legislative declaration. (a) The general assembly finds that:
(I) On May 25, 2023, the United States supreme court issued an opinion in
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), that interpreted the types of water resources that are considered to be waters of the United States, which are subject to federal permitting requirements under section 404 of the federal Clean Water Act, Pub.L. 92-500, codified at 33 U.S.C. sec. 1251 et seq., as amended, for the discharge of dredged or fill material. The Sackett ruling became immediately effective in Colorado, and the federal environmental protection agency and the United States Army corps of engineers subsequently published new regulations seeking to conform to the Sackett ruling. As a result, federal permitting requirements for the discharge of dredged or fill material no longer apply to certain state waters, including many wetlands.
(II) As of March 2024, Colorado has not had a state program to authorize the
discharge of dredged or fill material into state waters and has instead relied on the United States Army corps of engineers section 404 permit program. The new definition of waters of the United States under Sackett, which narrows federal jurisdiction in this area, has created a need for a state dredge and fill program. With fewer federal discharge permits being issued by the United States Army corps of engineers following Sackett, many streams, lakes, and wetlands in Colorado are at risk of irreversible harm.
(III) Some projects involving the discharge of dredged or fill material, such as
those for flood control; stream restoration; water development; construction or maintenance of underground utilities, roads, transit, rail, and housing; and similar efforts that are no longer regulated by the federal act as a result of Sackett, face regulatory uncertainty unless Colorado develops its own dredge and fill program; and
(IV) The department of public health and environment led stakeholder
efforts during 2023 that focused on regulatory options to address the Sackett decision, and the provisions of this section directly reflect the input received during these efforts concerning exempted activities and excluded types of waters.
(b) The general assembly further finds that:
(I) Water is Colorado's most critical natural resource, and safeguarding
water quality is of paramount importance for the protection of public health and Colorado's environment;
(II) Colorado's wetlands and seasonal streams play a crucial role in
maintaining water quality for drinking water and wildlife habitats, recharging groundwater, controlling floods, and keeping pollution from entering larger bodies of water;
(III) Given the crucial role that wetlands play in protecting Colorado's water
resources, it is in the state's interest to expressly include wetlands as a category of state waters in the definition of that term used in this article 8. This clarification is consistent with and reiterates the department of public health and environment's longstanding recognition through rules and program implementation that wetlands are state waters deserving of protection under this article 8.
(IV) Developing a state dredge and fill program will benefit the entities that
wish to engage in dredge and fill projects within Colorado because, without a discharge authorization framework, those projects will be prohibited to the detriment of Colorado's economy and general welfare;
(V) A state dredge and fill program can provide a mechanism for protecting
the chemical, physical, and biological integrity of Colorado's water resources while facilitating a strong and prosperous economy; and
(VI) Notwithstanding the narrower scope of waters protected at the federal
level after the Sackett decision, the United States Army corps of engineers' section 404 permit program provides a well-established and protective framework upon which Colorado should model its own dredge and fill program.
(c) Now, therefore, the general assembly declares that:
(I) This section is necessary to establish a comprehensive dredge and fill
program to protect state waters, no matter how the federal term waters of the United States is defined in the future; and
(II) For the purpose of providing clarification concerning the limitations on
the scope of Colorado's dredge and fill program going forward, the program established in this section includes:
(A) Express exemptions for certain types of activities that are not subject to
dredge and fill program requirements; and
(B) Express exclusions for certain types of waters that may otherwise fall
under the definition of state waters.
(2) Applicability - limitations. Nothing in this section applies to the activities
of federally recognized Indian tribes, Indians, their political subdivisions, or tribally controlled affiliates, which activities are undertaken or to be undertaken on lands within the boundaries of an Indian reservation located within the state. Additionally, nothing in this section applies to the activities of third-party non-Indian owners and operators, which activities are undertaken or to be undertaken with respect to reservation waters on Indian trust lands within the boundaries of an Indian reservation located within the state. With regard to privately owned fee land, as defined in section 25-7-1302 (4), within the boundaries of an Indian reservation located within the state, this section applies only to the discharge of dredged or fill materials of persons who are not Indians.
(3) Definitions. As used in this section, unless the context otherwise
requires:
(a) Clean Water Policy 17 means the division's Clean Water Policy 17,
Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters.
(b) Compensatory mitigation means the restoration, reestablishment,
rehabilitation, establishment, creation, enhancement, or preservation of state waters for the purpose of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved.
(c) Consultation means to give a federal, state, local, or tribal entity the
opportunity to provide special expertise to authorization processes and technical groups, act as a cooperating agency, or engage as mutually agreed by the division and the entity.
(d) (I) Discharge of dredged or fill material means, except as described in
subsection (3)(d)(II) of this section, any addition of dredged or fill material into, including redeposit of dredged or fill material other than incidental fallback within, state waters. The term includes:
(A) The addition of dredged or fill material to a specified discharge site
located in state waters;
(B) Runoff or overflow from a contained land or water disposal area; and
(C) Any addition, including redeposit other than incidental fallback, of
dredged or fill material into state waters that is incidental to any activity, including mechanized land clearing, ditching, channelization, or other excavation.
(II) Discharge of dredged or fill material does not include:
(A) Discharges of pollutants into state waters resulting from the onshore
processing of dredged material that is extracted for any commercial use other than fill, which discharges are subject to section 402 of the federal act, even though the extraction and deposit of such material may require a section 404 permit or an authorization issued pursuant to this section;
(B) Activities that involve only the cutting or removing of vegetation above
the ground, such as mowing, rotary cutting, and chainsawing, so long as the activity neither substantially disturbs the vegetation's root system nor involves mechanized pushing, dragging, or other similar activities that redeposit excavated soil material; or
(C) Incidental fallback.
(e) (I) Discharge of fill material means, except as described in subsection
(3)(e)(II) of this section, the addition of fill material into state waters. The term includes:
(A) Placement of fill material that is necessary for the construction of any
structure or infrastructure in state waters;
(B) The building of any structure, infrastructure, or impoundment requiring
rock, sand, dirt, or other material for its construction;
(C) Site development fills for recreational, industrial, commercial, residential,
or other uses;
(D) Causeways or road fills;
(E) Dams and dikes;
(F) Artificial islands;
(G) Property protection or reclamation devices such as riprap;
(H) Levees;
(I) Placement of fill material for infrastructure such as sewage treatment
facilities, intake and outfall pipes associated with power plants, and subaqueous utility lines;
(J) Placement of fill material for construction or maintenance of any liner,
berm, or other infrastructure associated with solid waste landfills; and
(K) Placement of overburden, slurry, tailings, or similar mining-related
materials.
(II) Discharge of fill material does not include:
(A) Plowing, cultivating, seeding, or harvesting for the production of food,
fiber, or forest products; or
(B) Placement of pilings in state waters, unless the placement has or would
have the effect of a discharge of fill material. Placement of pilings for linear projects, such as bridges, elevated walkways, and power line structures, generally does not have the effect of a discharge of fill material. Furthermore, placement of pilings in state waters for a pier, a wharf, or an individual house on stilts generally does not have the effect of a discharge of fill material. Examples of activities that would have the effect of a discharge of fill material include projects where the pilings are so closely spaced that sedimentation rates would be increased, projects in which the pilings themselves effectively would replace the bottom of a body of state waters, projects involving the placement of pilings that would reduce the reach or impair the flow or circulation of state waters, and projects involving the placement of pilings that would result in the adverse alteration or elimination of aquatic functions.
(f) Drainage ditch means a ditch that is designed for at least the partial
purpose of increasing drainage of a particular land area or infrastructure for purposes including agriculture; transportation, including roadside and railroad transportation; mosquito abatement; and stormwater management.
(g) Dredge and fill activity means an activity that includes the discharge of
dredged or fill material.
(h) Dredge and fill program means the regulatory dredge and fill discharge
authorization program described by this section, including the rules promulgated by the commission, as administered by the division pursuant to this section.
(i) Dredged material means material that is excavated or dredged from
state waters.
(j) Dredged or fill material means dredged material or fill material.
(k) Ecological lift means an improvement in the biological health, as well as
the chemical, geomorphic, or hydrologic health, of an area that has been damaged, degraded, or destroyed.
(l) Fens or peatlands means wetlands with organic soil that are classified
as a histosol in the guidance document titled Field Indicators of Hydric Soils in the United States published by the federal natural resources conservation service.
(m) (I) Fill material means, except as described in subsection (3)(m)(III) of
this section, material placed in state waters where the material has the effect of:
(A) Replacing any portion of state waters with upland; or
(B) Changing the bottom elevation of any portion of any state waters.
(II) Fill material includes rock, sand, soil, clay, plastics, construction debris,
wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in state waters.
(III) Fill material does not include solid waste.
(n) Isolated ordinary high watermark reaches means reaches of state
waters with an ordinary high watermark that are bordered upstream and downstream by uplands.
(o) Isolated ponds and impoundments means ponds and impoundments
that are not within the one-hundred-year floodplain or within one thousand five hundred feet of an ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.
(p) Isolated wetlands means wetlands wholly surrounded by uplands.
Isolated wetlands does not include wetlands where any portion of the wetland is within the one-hundred-year floodplain or within one thousand five hundred feet of the ordinary high watermark of other state waters. In the absence of one-hundred-year floodplain mapping by the federal emergency management agency, the one thousand five hundred feet distance criterion applies.
(q) Kettle ponds means lakes, ponds, or wetlands located within a formerly
glaciated landscape and formed by ice blocks left by a retreating glacier.
(r) Ordinary high watermark means that line on the shore established by
the fluctuations of water and indicated by physical characteristics, such as:
(I) A clear, natural line impressed on the bank;
(II) Shelving;
(III) Changes in the character of soil;
(IV) Destruction of terrestrial vegetation;
(V) The presence of litter and debris; or
(VI) Other appropriate means that consider the characteristics of the
surrounding area.
(s) Section 404 permit means a permit issued by the United States Army
corps of engineers pursuant to section 404 of the federal act. The term includes an individual permit, activities authorized by a nationwide or regional permit, and a letter of permission issued in accordance with regulations of the United States Army corps of engineers.
(t) State waters has the meaning set forth in section 25-8-103 (19).
(u) Upland means any land area that, under normal circumstances, is not a
wetland and does not lie below the ordinary high watermark.
(v) Wetlands means areas that are inundated or saturated by surface or
groundwater at a frequency and for a duration sufficient to support, under normal circumstances, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(4) Duties of the commission. (a) (I) Rules for state dredge and fill
discharge authorization program - definition. The commission shall promulgate rules by December 31, 2025, as necessary to implement a state dredge and fill discharge authorization program. The rules must focus on avoidance and minimization of adverse impacts and on compensation for unavoidable adverse impacts of dredge and fill activity and must incorporate the guidelines developed pursuant to section 404 (b)(1) of the federal act.
(II) The rules promulgated pursuant to subsection (4)(a)(I) of this section
must include:
(A) Procedures for the issuance, modification, and termination of individual
and general authorizations, including public notice and participation requirements;
(B) The duration of authorizations; except that the duration of an
authorization must not exceed five years;
(C) The establishment of authorization fees that will be utilized to implement
the program pursuant to section 25-8-210;
(D) Details concerning the division's consultation with federal, state, local,
and tribal entities, especially those entities with special expertise with respect to any environmental-, natural resource-, or agriculture-related issue; and
(E) An exemption for voluntary stream restoration efforts in ephemeral
streams that do not require compensatory mitigation and are designed solely to provide ecological lift where the activity is taking place. As used in this subsection (4)(a)(I)(E), ephemeral stream means a stream channel or a reach of a stream channel that carries flow during, and for a short duration as the direct result of, precipitation events and that has a channel bottom that is always above the groundwater table.
(III) The rules promulgated pursuant to subsection (4)(a)(I) of this section
may include:
(A) Further minor clarification of the terminology used to define the
exemptions and exclusions in subsections (8)(b) and (8)(d) of this section without limiting or expanding the scope of the exemptions and exclusions; and
(B) A deadline shorter than two years for the division to act upon a complete
application for an individual authorization for projects that involve minimal to moderate costs and have minimal water quality impacts or limited potential water quality impacts.
(IV) (A) In promulgating the rules described in subsection (4)(a)(I) of this
section, the commission shall ensure that the rules are as protective as the guidelines set forth in section 404 (b)(1) of the federal act and in effect as of May 29, 2024.
(B) If the commission finds, based on a demonstration at a public rulemaking
hearing, that the guidelines set forth in section 404 (b)(1) of the federal act are not protecting state waters, the commission shall amend its rules or adopt new rules to protect state waters. Such a hearing may be initiated by the commission upon its own motion or upon a petition from the division. Any interested person may petition to the commission to initiate a hearing, and the commission may grant or deny such a request.
(C) The commission's findings to support any changes to its rules must be
based on sound scientific or technical evidence in the record demonstrating that rules more protective than the guidelines set forth in section 404 (b)(1) of the federal act are necessary to protect the chemical, physical, and biological integrity of state waters. The findings must be accompanied by a statement of basis and purpose referring to and evaluating the information and studies contained in the record, which form the basis for the commission's conclusion.
(b) Rules for individual authorizations. The commission shall promulgate
rules by December 31, 2025, concerning individual authorizations for dredge and fill activities. The rules must include:
(I) Application requirements, including:
(A) Project location information;
(B) A project description, including site plans;
(C) An alternatives analysis;
(D) A purpose and need statement;
(E) A description of avoidance and minimization measures;
(F) A projected impacts analysis; and
(G) A compensatory mitigation plan;
(II) A prohibition against the discharge of dredged or fill material where
there is a practicable alternative to the proposed discharge that would have less adverse impact on state waters so long as the alternative does not have other significant adverse environmental consequences. Any purpose and need statement, evaluation of alternatives, and impacts analysis developed through the section 404 permitting process shall be used for the purpose of implementing this prohibition. The rules must also include criteria for the division to use to implement the prohibition.
(III) Direction to the division to include conditions in individual authorizations,
which conditions are designed to:
(A) Remove or reduce the impact to state waters of a discharge of dredged
or fill material;
(B) Protect downstream uses;
(C) Address the direct, indirect, and cumulative impacts of the activity on the
chemical, physical, and biological integrity of state waters; and
(D) Ensure that an authorized activity as a whole will comply with all
applicable state water quality requirements, either as proposed or as conditioned in the authorization; and
(IV) Other individual authorization terms, such as monitoring, record-keeping,
and reporting requirements.
(c) Rules for compensatory mitigation. The commission shall promulgate
rules by December 31, 2025, to provide details concerning compensatory mitigation requirements, including methods for assuring impacts to wetlands and streams are fully compensated through functional assessments and ratios that can be applied through individual mitigation projects or by applying acre-based ratios using the watershed approach as described by the United States Army corps of engineers.
(5) Duties of the division. The division has the following duties in
administering the state dredge and fill discharge authorization program:
(a) Individual authorizations. (I) Upon the commission's promulgation of
rules pursuant to subsection (4) of this section, the division shall issue individual authorizations consistent with the rules promulgated by the commission under subsection (4) of this section.
(II) In addition to any compensatory mitigation requirements the division
determines are necessary to comply with the commission's rules and subsection (5)(c) of this section, for projects subject to the requirements of section 37-60-122.2 (1)(b), the division shall take into consideration the official state position regarding mitigation for fish and wildlife resources, which position is established pursuant to section 37-60-122.2 (1), and may adopt all or part of such position into individual authorizations as conditions.
(III) The division shall act upon an application for an individual authorization
within two years after receiving a complete application. This period may be extended by a written agreement between the division and the applicant. This period may also be extended by the division if there are significant changes to the project that is the subject of the application or if there is significant new information concerning the environmental impacts of the project, in which case the division shall provide notice to the applicant of the extension in writing along with an explanation of the basis for the extension.
(IV) An individual authorization, including all conditions incorporated into the
individual authorization, is subject to administrative reconsideration by the commission under section 25-8-403 and then judicial review under section 25-8-404.
(b) General authorizations - categories - definitions. (I) In addition to the
division's authority in subsection (5)(b)(III) of this section to issue a statewide general authorization for discharges to isolated state waters, the division shall issue general authorizations for the discharge of dredged or fill material into state waters for categories of activities that are similar in nature and similar in impact on the quality of state waters, cause only minimal adverse impacts to state waters when performed separately, and have only minimal cumulative adverse impacts on state waters. The categories of general authorizations must correspond with the various nationwide and regional permits issued by the United States Army corps of engineers. The division may tailor the terms of certain nationwide or regional permits or create additional general authorizations to achieve greater efficiency and to address Colorado-specific needs, including but not limited to emergency response to wildfire and voluntary ecological restoration and enhancement projects.
(II) Beginning January 1, 2025, until the rules described in subsection (4) of
this section are promulgated and the division issues general authorizations under the rules, the nationwide and regional general permits issued by the United States Army corps of engineers, as such permits apply to Colorado and subject to subsections (8)(b) and (8)(d) of this section, constitute valid authorizations to discharge dredged or fill material into state waters that are not subject to federal jurisdiction. The division shall recognize compliance with the applicable terms of the nationwide and regional general permits as constituting compliance with this section. Beginning January 1, 2025, an applicant seeking authorization for discharges of dredged or fill material into state waters that are not subject to federal jurisdiction shall submit to the division any preconstruction notification required under the applicable nationwide or regional general permit. If the applicable nationwide or regional general permit requires compensatory mitigation, the applicant shall obtain a temporary authorization from the division pursuant to subsection (6)(a)(II) of this section before the commencement of the activity.
(III) (A) As expeditiously as is prudent and feasible, the division shall issue a
statewide general authorization for discharges to isolated state waters. For purposes of this subsection (5)(b)(III), isolated state waters are isolated wetlands, isolated ponds and impoundments, and isolated ordinary highwater mark reaches.
(B) The division's statewide general authorization for discharges to isolated
state waters does not include the following state waters, which may be isolated state waters: Fens or peatlands or kettle ponds. Discharges of dredged or fill material to these isolated state waters of significance require an authorization by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.
(C) The division's statewide general authorization for discharges to isolated
state waters must identify best management practices to protect isolated state waters. The statewide general authorization for discharges to isolated state waters must not require preconstruction notification as described in subsection (5)(d) of this section.
(D) The division's statewide general authorization for discharges to isolated
waters must not authorize a project where the entire project's unavoidable adverse impacts exceed one-tenth of an acre of wetlands or three-hundredths of an acre of streambed. A project in excess of one of these thresholds requires a permit by the division as described in subsection (5)(a), (5)(b)(I), or (5)(b)(II) of this section.
(E) If the division issues the statewide authorization for discharges to
isolated state waters described in this subsection (5)(b)(III) prior to the commission's rule-making described in subsection (4) of this section, the division shall notice the draft general authorization for public comment for sixty days prior to its issuance. The statewide general authorization for discharges to isolated state waters is subject to administrative review by the commission pursuant to section 25-8-403.
(F) The authorization term of the statewide general authorization for
discharges to isolated state waters is five years.
(IV) General authorizations issued by the division are subject to
administrative reconsideration by the commission under section 25-8-403; except that notices of authorization to conduct an activity under a general authorization are not subject to such administrative reconsideration but are subject to judicial review under section 25-8-404.
(c) Compensatory mitigation requirements. (I) The division shall include
compensatory mitigation requirements in all individual authorizations and in general authorizations where the division determines that the proposed discharge of dredged or fill material will result in:
(A) Greater than one-tenth of an acre of unavoidable adverse impacts to
wetlands; or
(B) Greater than three-hundredths of an acre of unavoidable impacts to
streams.
(II) Compensatory mitigation must compensate for all functions of state
waters that will be lost as a result of the authorized activity. Compensatory mitigation may be accomplished through the purchase of mitigation bank credits, an in-lieu fee program, or permittee-responsible mitigation.
(d) Preconstruction notifications. The division shall utilize the existing
structure of preconstruction notifications in the nationwide and regional permits issued by the United States Army corps of engineers, including general authorizations for categories of activities that do not require preconstruction notification. Where preconstruction notification is required by a general authorization before the commencement of an activity, the project proponent must provide at least thirty calendar days of preconstruction notice to the division unless a shorter notice is allowed under the terms of the applicable general authorization. After providing such preconstruction notification, the project proponent may commence the activity if:
(I) The division issues to the project proponent a notice of authorization in
writing that the project proponent may commence the activity; or
(II) Forty-five calendar days elapse without the division providing the project
proponent a notice of written objection to the activity or providing a notice that the division has determined the notification is incomplete, the activity does not meet the criteria for the category of activities covered by the general authorization, or the activity will not comply with all applicable federal and state statutory and regulatory requirements. A notice of written objection provided to a project proponent by the division must state the basis of the division's objections with specificity, is subject to direct judicial review under section 25-8-404, and is not subject to administrative reconsideration under section 25-8-403.
(e) Notices of authorization. The division may issue notices of authorization,
where appropriate, to memorialize coverage under a general authorization. The division may include conditions in notices of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that the activity will have only minimal individual and cumulative adverse impacts on state waters.
(f) Administrative guidance. The division may establish guidance to assist in
administering the dredge and fill discharge authorization program. Additionally, the division may rely upon relevant guidance from the federal environmental protection agency and the United States Army corps of engineers, including technical guidance and environmental analyses under the federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4231 et seq., as amended, in administering the program, to the extent such guidance is consistent with this section and the commission's rules.
(g) Western slope staff. The division may, to the extent resources allow,
establish one or more staff positions in the western slope region of the state to assist with dredge and fill program administration in that geographic area.
(6) Transition - repeal. (a) Until the rules promulgated by the commission
pursuant to subsection (4) of this section become effective and the division issues general authorizations under the rules:
(I) Notwithstanding subsection (8)(a) of this section, Clean Water Policy 17
continues in effect until January 1, 2025;
(II) For activities that do not qualify for enforcement discretion under Clean
Water Policy 17 because the activities would require compensatory mitigation, and for activities that proceed under a federal nationwide or regional permit pursuant to subsection (5)(b)(II) of this section and that require compensatory mitigation, the division may issue temporary authorizations for the discharge of dredged or fill material into state waters:
(A) Where any required compensatory mitigation is associated only with
streams and not wetlands and would result in net increases in the functions and services of state waters; or
(B) Where the applicant shows proof of purchase of mitigation bank credits
that meet or exceed the compensatory mitigation requirements that would have been applicable under the federal nationwide or regional permit; and
(III) Temporary authorizations must include conditions necessary to protect
the public health and the environment and to meet the intent of this section. The division may issue a temporary authorization for a period not to exceed two years, and a temporary authorization expires as provided in the issuance or denial of the final notice of authorization. The final notice of authorization must include such terms and conditions, including those for compensatory mitigation, as are necessary to address discharges that occurred under the temporary authorization.
(b) This subsection (6) is repealed, effective September 1, 2026.
(7) Relationship to section 25-8-104. The rules promulgated pursuant to
this section are subject to, and do not amend or limit, the restrictions described in section 25-8-104.
(8) Applicability and scope of dredge and fill discharge authorization
program - prohibitions on discharge without an authorization - definitions. (a) Except when conducting an exempted activity described in subsection (8)(b) of this section or when discharging into an excluded type of water described in subsection (8)(d) of this section, a person shall not discharge dredged or fill material into state waters without first obtaining coverage under a general authorization or an individual authorization for the discharge.
(b) The following activities are exempt from the requirements of this section
and do not require a discharge authorization:
(I) Activities in receipt of an active section 404 permit that was issued prior
to May 25, 2023;
(II) Activities in receipt of an approved jurisdictional determination issued by
the United States Army corps of engineers prior to May 25, 2023, finding that the state waters into which the proposed discharge of dredged or fill material will occur are not waters of the United States unless there has been a significant hydrological change since the determination was issued;
(III) Activities in receipt of an active section 404 permit that was issued on or
after May 25, 2023, except to the extent that the project area of the section 404 permit involves a discharge of dredged or fill material into state waters that have been determined by the United States Army corps of engineers to not be waters of the United States under the section 404 permit and are not otherwise excluded under this section;
(IV) Activities associated with a project for which the project proponent
applied for an individual section 404 permit prior to May 25, 2023;
(V) Normal farming, silviculture, and ranching activities, such as plowing;
seeding; cultivating; minor drainage; application of on-farm chemicals; harvesting for the production of food, fiber, and forest products; or upland soil and water conservation practices. As used in this subsection (8)(b)(V), upland soil and water conservation practices means any discharge of dredged or fill material into state waters incidental to soil and water conservation practices for the purpose of improving, maintaining, or restoring uplands, including rangeland management practices, erosion control practices, and vegetation management practices.
(VI) Maintenance, including emergency reconstruction of recently damaged
parts, of currently serviceable structures, such as dikes, dams, levees, lagoons, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance also includes minor deviations in a structure's configuration or filled area to accommodate changes in materials, construction techniques, regulatory requirements, or construction codes or safety standards.
(VII) Construction or maintenance of farm ponds, stock ponds, farm lagoons,
springs, recharge facilities located in uplands, and irrigation ditches or acequias, or maintenance of a drainage ditch, roadside ditch, or a ditch or canal conveying wastewater or water. Construction of new work or to extend, expand, or relocate an irrigation ditch or acequia for municipal or industrial purposes is not an exempt activity. As used in this subsection (8)(b)(VII):
(A) Construction includes new work and work that results in an extension
or expansion of an existing structure, and the construction of irrigation ditches or acequias includes activities such as placement of new control structures, ditch relocation, ditch conversion into pipe, and lining, which means placing impervious material such as concrete, clay, or geotextile within the flow perimeter of an open canal, lateral, or ditch with the intent of reducing seepage losses and improving conveyance efficiency. All new lining of ditches, in instances where the ditch has not previously been lined, is considered construction.
(B) Irrigation ditch or acequia includes a human-made feature or a
maintained natural feature if use of the maintained natural feature existed on January 1, 2024, and an upland swale that moves or conveys water to an ultimate irrigation use or place of use, or moves or conveys irrigation water, also known as runoff, away from irrigated lands. Irrigation ditch or acequia may include a distribution system or its parts, including human-made canals, laterals, ditches, siphons, pumps, headgates, wing walls, weirs, diversion structures, pipes, pump systems, return structures, and such other facilities appurtenant to and functionally related to irrigation ditches. If a ditch carries water that is used for irrigation, irrigation return flows or return flow obligations, aquifer recharge, aquifer or stream augmentation or replacement, or precipitation or snowmelt that moves from an irrigated field either to or away from an area subject to being irrigated, that ditch is considered an irrigation ditch and not a drainage ditch.
(C) Maintenance means maintenance pertaining to a human-made
structure, such as a farm pond, stock pond, or maintained spring, or a maintained natural feature conveying water for irrigation or wildlife purpose if use of the maintained natural feature existed as of January 1, 2024; maintenance pertaining to a drainage ditch, a roadside ditch, or a ditch or canal conveying wastewater or water for irrigation or for municipal purposes, domestic purposes, industrial purposes, commercial purposes, augmentation, recharge, wildlife, recreation, compact compliance, or any other purpose; and maintenance pertaining to repairs to an existing structure or feature to keep it in its existing state or proper condition or to preserve it from failure or decline. Such maintenance includes excavation of accumulated sediments back to original contours; reshaping of side-slopes; bank stabilization to prevent erosion where reasonably necessary using best management practices and, for maintenance of drainage ditches, materials that are compatible with existing bank materials; armoring, lining, and piping for the purpose of repairing a previously armored, lined, or piped section of a ditch so long as all work occurs within the footprint of the previous work; and replacement of existing control structures where the original function is not changed and original approximate capacity is not increased.
(VIII) Construction of temporary sedimentation basins on a construction site,
which construction does not include placement of fill material into state waters;
(IX) Construction or maintenance of farm roads or forest roads or temporary
roads for moving wildfire and post-fire mitigation equipment and related materials or mining equipment where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the state waters are not impaired, that the reach of the state waters is not reduced, and that any adverse impacts on the state waters will be otherwise minimized;
(X) Activities for the purpose of providing emergency response to,
preventative mitigation of, or recovery from damage caused by a fire, a flood, or other natural disaster so long as the activity is conducted in a manner that minimizes the loss of state waters to the extent practicable and in accordance with best management practices that do not interfere with efforts to address the underlying emergency;
(XI) Maintenance of water reuse facilities, wastewater reclamation facilities,
water management facilities, water treatment facilities, or wastewater water treatment facilities. Such maintenance includes reconstruction due to recent damage or maintenance of currently serviceable structures, such as pumps, control systems, weirs, gates, clarifiers, solids handling, filters, sedimentation basins, treatment ponds and lagoons, and related features, which maintenance activities keep the facility in its existing state or proper condition to preserve it from failure or decline.
(XII) Maintenance activities in off-channel reservoirs that do not directly
affect a connected natural stream. Such maintenance includes emergency reconstruction due to recent damage; maintenance of currently serviceable structures such as spillways, outlet structures, gates, pumps, and control systems; and reshaping of side slopes, bank stabilization, or dredging, which maintenance activities keep an off-channel reservoir in its existing state or proper condition and to preserve it from failure or decline.
(XIII) Wildlife habitat management activities, including seeding, cultivating,
minor drainage, vegetation management, irrigating, water management, and maintenance of ditches, dikes, embankments, impoundments, water control features, and other water conveyance features that are human-made or maintained or that occur naturally to support wildlife habitat. Wildlife habitat management means activities that occur on land managed primarily for wetland or riparian habitats to support wetland and riparian species and does not include activities that are incidental to land used for residential, industrial, or commercial purposes.
(c) Recapture provision - rules. Consistent with section 404 (f)(2) of the
federal act, any discharge of dredged or fill material into state waters incidental to any activity that brings an area of the state waters into a use to which it was not previously subject, where the flow or circulation of state waters may be impaired or where the reach of such waters may be reduced, is not included within the exempted activities described in subsection (8)(b) of this section. The commission may further clarify the effect of this subsection (8)(c) through rule-making.
(d) Excluded types of waters - definitions. Notwithstanding the definition of
state waters provided in section 25-8-103 (19), an authorization is not required for the discharge of dredged or fill material into the following types of waters, and such a discharge is not otherwise prohibited or regulated under this section:
(I) All portions of ditches and canals that are excavated on upland and that
convey water or wastewater;
(II) Storm water control features that are constructed to convey, treat, or
store storm water and that are created in upland;
(III) Artificially irrigated areas that would revert to uplands if irrigation
ceased;
(IV) Artificial lakes, lagoons, or ponds that are created entirely by excavating
or diking upland to collect and retain water and that are used exclusively for stock watering, irrigation, settling basins, or rice growing;
(V) Wetlands that are adjacent to a ditch or canal and supported by water in
the adjacent ditch or canal;
(VI) Recharge facilities, including ponds, included in uplands for the purpose
of facilitating recharge of aquifers or streams;
(VII) Artificial reflecting or swimming pools or other small ornamental bodies
of water created by excavating or diking upland to retain water for primarily aesthetic reasons;
(VIII) Water-filled depressions created in uplands incidental to mining or
construction activity and pits excavated in uplands for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting water feature is state waters;
(IX) Swales and erosional features, such as gullies, small washes, and rills,
that do not contain wetlands or an ordinary high watermark;
(X) Groundwater. As used in this subsection (8)(d)(X), groundwater means
subsurface waters in a zone of saturation that are or can be brought to the surface of the ground or to surface waters through wells, springs, seeps, or other discharge areas. Groundwater does not include wetlands.
(XI) Prior converted cropland. As used in this subsection (8)(d)(XI), prior
converted cropland means any area that, prior to December 23, 1985, was drained or otherwise manipulated for agricultural purposes, which includes land use that makes the production of an agricultural product possible, including grazing and haying. Cropland that is left idle or fallow for conservation or agricultural purposes for any period of time remains in agricultural use and, if the cropland otherwise qualifies under this subsection (8)(d)(XI), is prior converted cropland. The commission and the division shall recognize designations of prior converted cropland made by the United States secretary of agriculture. An area is no longer considered prior converted cropland if the area is abandoned and has reverted to wetlands. Abandonment occurs when prior converted cropland is not used for, or in support of, agricultural purposes at least once in the immediately preceding five years. The division shall determine whether prior converted cropland has been abandoned, subject to appeal to the commission.
(9) For the 2024-25 state fiscal year and for each state fiscal year
thereafter, if the total number of authorizations issued pursuant to subsection (5) of this section exceeds or is projected by the department of public health and environment to exceed one hundred ten authorizations, the department of public health and environment shall seek a supplemental appropriation from the general assembly to pay the costs of processing the authorizations and to ensure that authorizations are processed in a timely manner.
Source: L. 2024: Entire section added, (HB 24-1379), ch. 274, p. 1805, � 2,
effective May 29.
C.R.S. § 27-50-804
27-50-804. School-based mental health support program - creation - appropriation - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) Cognitive behavioral skill-building means a theoretical framework
underlying a set of skills that may be taught to help an individual improve emotional difficulties ranging from mild worry or disappointment to severe depression, anxiety, or other mental illnesses.
(b) Evidence-based means practices, interventions, or programs that are
supported by extensive empirical data, including randomized controlled trials, supporting their efficacy for their intended purpose.
(c) High-quality training means in-person or virtual training that includes
content on theory, rationale, and concrete skills; leverages demonstrations and skills practice with feedback; is grounded in the field of implementation science; and takes into account the clinical and environmental barriers to implementation.
(d) Implementation and sustainment support means providing in-person or
virtual coaching to assist public schools in planning, executing, reflecting, and building systems to embed program practices in school operations, preferably in partnership with community-based or hospital-based licensed mental health providers.
(e) Mindfulness means a framework and set of practices for helping an
individual improve awareness of the individual's own thoughts, emotions, physical feelings, and behaviors to increase the individual's resiliency in response to common life events.
(f) Multi-tiered systems of support means a framework for enhancing the
implementation of evidence-based practices to achieve positive outcomes for every student by organizing the efforts of educators within systems to be more effective.
(g) Program means the school-based mental health support program
created in subsection (2) of this section.
(2) There is created in the behavioral health administration the school-based
mental health support program to provide high-quality training, resources, and implementation and sustainment support for the existing public school educator workforce to provide evidence-based mental health services for students through a contract with an external provider. The program shall emphasize supporting schools in rural areas and schools with students who do not have equitable access to mental health care.
(3) (a) No later than January 1, 2025, the BHA shall contract with an external
provider to begin implementing the program no later than the start of the 2025-26 school year.
(b) In contracting with an external provider, the BHA shall:
(I) Establish a timeline that the external provider shall follow in
implementing the program;
(II) Establish a plan to evaluate the efficacy of the program across school
types and student populations;
(III) Determine, in consultation with the external provider, periodic dates on
which to provide funding to the external provider in order for the external provider to make necessary purchases and investments to implement the program; and
(IV) Collaborate with the external provider to determine the cost of
implementing the program in at least four hundred public schools by the start of the 2027-28 school year.
(4) (a) An interested external provider must apply for the contract in the
manner prescribed by the BHA.
(b) The BHA shall select an external provider that:
(I) Does not have licensing agreements that prohibit the use of curricula or
resources that a school district already uses or intends to use in the future; and
(II) Has been subject to external, third-party evaluations that indicate its
efficacy among several different school types and with several different student subpopulations.
(c) When selecting an external provider, the BHA shall consider whether an
applicant is able to:
(I) Provide high-quality training, resources, and implementation and
sustainment support across all three tiers of the multi-tiered systems of support, which include:
(A) Classroom-based mental wellness and resiliency skills for students;
(B) Cognitive behavioral skill-building and mindfulness skill-building for
anxiety or depression for youth who demonstrate an additional need for mental health support; and
(C) Resources and training to manage suicide risk and coordinate care
among families, schools, and external providers for youth who are at risk of suicide; and
(II) In consideration of local control, flexibly partner with school districts to
enable school districts to decide which tiers from among the mental health multi-tiered systems of support to implement; and
(III) Use evidence-based mental health practices that have been subject to
external evaluation, randomized controlled trials, and peer review.
(5) In selecting the external provider, the BHA shall prioritize applicants that:
(a) Are not-for-profit entities;
(b) Incur one-time costs and do not require recurring or additional expenses
paid for by the BHA beyond the first year of implementation;
(c) Have a demonstrated history of partnerships, and a clear strategy for
building future partnerships, with community or hospital-based providers to assist public schools in implementing mental health supports for students; and
(d) Have a demonstrated history of funding internal and external evaluations
of the efficacy of the external provider's program in partnership with institutions of higher education or organizations that have similar skills in conducting randomized controlled trials and other quantitative and qualitative evaluation techniques.
(6) (a) For the 2024-25 state fiscal year, the general assembly shall
appropriate two million five hundred thousand dollars from the general fund to the department of human services for use by the BHA to administer the program.
(b) The BHA may use up to one hundred thousand dollars of the total
appropriation to administer the application and selection process described in subsections (4) and (5) of this section.
(7) This section is repealed, effective July 1, 2028.
Source: L. 2024: Entire section added, (HB 24-1406), ch. 101, p. 318, � 2,
effective April 18.
Cross references: For the legislative declaration in HB 24-1406, see section 1
of chapter 101, Session Laws of Colorado 2024.
C.R.S. § 33-45-102
33-45-102. Definitions. As used in this article 45, unless the context otherwise requires:
(1) Commission means the public utilities commission of the state of
Colorado.
(2) District means a special district, local improvement district, school
district, or other political subdivision of the state.
(3) Local government means a home rule or statutory municipality, county,
or city and county.
(4) Local improvement district has the meaning set forth in section 32-7-103 (7).
(5) Powerline trail means a multimodal trail that is:
(a) Eight feet in width or wider;
(b) Made of hard surface such as concrete or compacted gravel;
(c) Used for recreational purposes or commuting in a manner that does not
involve a motor vehicle; and
(d) Located in an existing or future transmission corridor.
(6) Public entity means the state, a local government, or a district.
(7) (a) Recreational purpose includes walking, running, bicycling, class 1 or
class 2 electrical assisted bicycling, equestrian activities, use of electric scooters, cross-country skiing, or other similar uses.
(b) Recreational purpose does not include the use of a motor vehicle or
other self-propelled vehicle that is not an electrical assisted bicycle, electric scooter, low-power scooter, or motorized wheelchair, as those terms are defined in section 42-1-102.
(8) School district has the meaning set forth in section 22-11-103 (29).
(9) Special district has the meaning set forth in section 32-1-103 (20).
(10) Transmission corridor means a tract of land owned, occupied, or leased
by a transmission provider, or covered by an easement or right-of-way held by a transmission provider, where an electric transmission line is constructed, operated, or maintained at a voltage of sixty-nine thousand volts or above.
(11) (a) Transmission provider means:
(I) A transmission utility, as defined in section 40-5-108 (1)(b); or
(II) The Colorado electric transmission authority created in section 40-42-103 (1).
(b) Transmission provider does not include a municipally owned utility, a
power authority established pursuant to section 29-1-204 (1), or a cooperative electric association, as defined in section 40-9.5-102 (1), that has voted to exempt itself from the Public Utilities Law, articles 1 to 7 of title 40, pursuant to section 40-9.5-103.
Source: L. 2022: Entire article added, (HB 22-1104), ch. 97, p. 462, � 2,
effective April 13.
C.R.S. § 34-32-113
34-32-113. Prospecting notice - reclamation requirements - rules. (1) Any person desiring to conduct prospecting shall, prior to entry upon the lands, file with the board a notice of intent to conduct prospecting operations on a form approved by the board. Such notice shall be accompanied by a fee as specified in section 34-32-127 (2).
(2) The notice form shall contain the following:
(a) The name of the person or organization doing the prospecting;
(b) A statement that prospecting will be conducted pursuant to the terms
and conditions listed on the approved form;
(c) A brief description of the type of operations which will be undertaken;
(d) A description of the lands to be prospected by township and range;
(e) An approximate date of commencement of operations; and
(f) Measures to be taken to reclaim any affected land consistent with the
requirements of section 34-32-116.
(3) All information provided to the board in a notice of intent to conduct
prospecting or a modification of such a notice is a matter of public record subject to the Colorado Open Records Act, part 2 of article 72 of title 24, C.R.S., including, in the case of a modification, the original notice of intent; except that information relating to the mineral deposit location, size, or nature and, as determined by the board, other information designated by the operator as proprietary or trade secrets or that would cause substantial harm to the competitive position of the operator shall be protected as confidential information by the board and shall not be a matter of public record in the absence of a written release from the operator or until a finding by the board that reclamation is satisfactory. Such information designated as exempt shall remain confidential until a final determination by the board. The board shall promulgate rules implementing this subsection (3) and shall consider information including the timing of the disclosure of the operator's identity.
(4) (a) Upon filing the notice of intent to conduct prospecting, the person
shall provide financial warranty in the amount of two thousand dollars per acre of the land to be disturbed or such other amount as determined by the board.
(b) A person may submit statewide warranties for prospecting if such
warranties are in an amount fixed by the board by rule and such person otherwise complies with the provisions of this section for every area to be prospected.
(5) Upon completion of the prospecting, there shall be filed with the board a
notice of completion of prospecting operations. Within ninety days after the filing of the notice of completion, the board shall notify the person who had conducted the prospecting operations of the steps necessary to reclaim the land.
(5.5) (a) Without regard to the one thousand six hundred square foot
limitation of section 34-32-103 (12), all drill holes sunk for the purpose of prospecting for locatable or leasable minerals on any land within the state of Colorado shall be plugged, sealed, or capped pursuant to this subsection (5.5) by the person conducting the prospecting. This subsection (5.5) shall not apply to holes drilled in conjunction with a mining operation for which the board has issued a permit nor to wells or holes regulated pursuant to section 34-33-117 and to article 60 of this title or article 80, 90, 91, or 92 of title 37, C.R.S.
(b) Drill holes sunk for the purpose of prospecting shall be abandoned in the
following manner:
(I) Any artesian flow of groundwater to the surface shall be eliminated by a
plug made of cement or similar material or by a procedure sufficient to prevent such artesian flow.
(II) Drill holes which have encountered any aquifer in volcanic or sedimentary
rock, as aquifer is defined in section 37-90-103 (2), C.R.S., shall be sealed utilizing a sealing procedure which is adequate to prevent fluid communication between aquifers.
(III) Each drill hole shall be securely capped at a minimum depth compatible
with local cultivation practices or at a minimum of two feet below either the original land surface or the collar of the hole, whichever is the lower elevation. The cap is to be made of concrete or other material which is satisfactory for such capping. The site shall be backfilled above the cap to the original land surface.
(IV) If any drill hole is to be ultimately used as or converted to a water well,
the user shall comply with the applicable provisions of title 37, C.R.S.
(V) Each drill site shall be reclaimed pursuant to section 34-32-116,
including, if necessary, reseeding if grass or any other crop was destroyed.
(c) Abandonment in the manner provided in paragraph (b) of this subsection
(5.5) shall occur immediately following the drilling of the hole and the probing for minerals in the prospecting process. However, a drill hole may be maintained as temporarily abandoned without being plugged, sealed, or capped. However, no drill hole which is to be temporarily abandoned without being plugged, sealed, or capped shall be left in such a condition as to allow fluid communication between aquifers. Such temporarily abandoned drill holes shall be securely covered in a manner which will prevent injury to persons and animals.
(d) No later than sixty days after the completion of the abandonment
pursuant to paragraph (b) of this subsection (5.5) of any drill hole that has artesian flow at the surface, the person conducting the prospecting shall submit to the head of the office a report containing the location of such hole to within two hundred feet of its actual location, the estimated rate of flow of such artesian flow, if such is known, and the facts of the technique used to plug such hole.
(e) No later than twelve months after the completion of the abandonment of
any drill hole pursuant to paragraph (b) of this subsection (5.5), there shall be filed by the person conducting the prospecting with the head of the office a report containing the location of the hole to the nearest forty-acre legal subdivision and the facts of the technique used to plug, seal, or cap the hole.
(f) The head of the office may not waive any of the administrative provisions
of this subsection (5.5).
(6) The board shall inspect the lands prospected within thirty days after the
person prospecting the lands completes the reclamation and notifies the board that the reclamation is finished. If the board finds the reclamation satisfactory, the board shall release applicable performance and financial warranties.
(7) The financial warranty shall not be held for more than thirty days after
the completion of the reclamation.
(8) The board is authorized to inspect any ongoing prospecting operation or
any prospecting operation prior to the request for release of performance and financial warranties, in order to determine compliance with the terms of this article.
(9) Upon the submittal of a notice of intent to conduct prospecting
operations or a modification of such a notice, the person submitting such notice or modification shall give an electronic version of the notice or modification, except for that information exempted from public disclosure under subsection (3) of this section and that information designated by the person as exempt from disclosure under subsection (3) of this section, to the board in a format determined by the board. The division shall post such version of the notice or modification on its website.
Source: L. 76: Entire article R&RE, p. 736, � 1, effective July 1. L. 80: (5.5) and
(8) added, p. 687, � 2, effective July 1. L. 81: (4), (6), (7), and (8) amended, p. 1670, � 7, effective June 19. L. 83: (3) amended, p. 2051, � 23, effective October 14. L. 91: (1) amended, p. 1435, � 8, effective July 1. L. 92: (5.5)(d), (5.5)(e), and (5.5)(f) amended, p. 1941, � 39, effective July 1. L. 93: (4) amended, p. 1181, � 7, effective July 1. L. 2008: (3), (5.5)(d), (5.5)(e), and (5.5)(f) amended and (9) added, p. 1705, � 1, effective June 2. L. 2009: (3) amended, (SB 09-292), ch. 369, p. 1979, � 111, effective August 5.
Editor's note: This section is similar to former � 34-32-111 as it existed prior
to 1976.
C.R.S. § 37-60-135
37-60-135. State turf replacement program - creation - administration - turf replacement fund - creation - legislative declaration - definitions. (1) The general assembly finds and declares that:
(a) Promoting the efficient and maximum utilization of Colorado's water
resources by decreasing the amount of irrigated turf can:
(I) Increase communities' resilience regarding drought and climate change;
(II) Reduce the sale of agricultural water rights in response to increased
demand for municipal water use; and
(III) Protect river flows;
(b) Irrigation of outdoor landscaping accounts for nearly half of water use
within the municipal and industrial sectors of the state and is mostly used for irrigation of nonnative turf grass;
(c) While there are appropriate and important uses for irrigated turf,
including for parks, sports fields, playgrounds, and portions of residential yards, much of the turf in the state is nonessential and is located in areas that receive little, if any, use. Such irrigated turf could be replaced with water-wise landscaping without impacting quality of life or landscape functionality.
(d) Examples of nonessential turf include turf used for:
(I) Medians;
(II) Areas adjacent to open spaces or transportation corridors;
(III) Areas sloped with more than a twenty-five percent grade;
(IV) Storm water drainage and detention basins;
(V) Commercial, institutional, or industrial properties;
(VI) Common elements in a common interest community, as those terms are
defined in section 38-33.3-103; and
(VII) Portions of residential yards;
(e) Water-wise landscaping must play a critical role in providing substantial
and permanent water savings and in minimizing water waste in Colorado communities;
(f) Local jurisdictions should establish policies that reduce nonessential turf
used for new developments or redeveloped areas and increase the use of water-wise landscaping;
(g) The state must prioritize the use of water-wise landscaping for existing
and new state government properties;
(h) Turf replacement programs provide a proven and effective strategy for
reducing outdoor water demand significantly, and evidence from existing programs demonstrates that, for each acre of turf removed, one to two acre-feet per year of water savings can be realized, meaning that for every one hundred acres of turf converted to water-wise landscapes, up to two hundred acre-feet per year of water may be conserved; and
(i) The board should develop a state turf replacement program to incentivize
the voluntary replacement of irrigated turf on residential properties and commercial, institutional, or industrial properties as a means of responding to increased water demand throughout the state.
(2) As used in this section, unless the context otherwise requires:
(a) Campus means a collection of two or more buildings that are owned
and operated by the same person and have a shared purpose and function as a single property.
(b) Commercial, institutional, or industrial or CII:
(I) Means the commercial, institutional, or industrial sector in the state; and
(II) Includes local governments, schools, and businesses.
(c) District means:
(I) A district or special district formed pursuant to title 32, including a
metropolitan district, as defined in section 32-1-103 (10); a water and sanitation district, as defined in section 32-1-103 (24); and a water district, as defined in section 32-1-103 (25);
(II) A water conservancy district established under article 45 of this title 37;
or
(III) A water conservation district established under article 46, 47, 48, or 50
of this title 37.
(d) Eligible entity means any of the following entities that already
administer or plan to administer a turf replacement program in the state:
(I) A local government;
(II) A district;
(III) A Native American tribe; or
(IV) A nonprofit organization.
(e) Invasive plant species means plants that are not native to the state and
that:
(I) Are introduced into the state accidentally or intentionally;
(II) Have no natural competitors or predators in the state because the state is
outside of their competitors' or predators' range; and
(III) Have harmful effects on the state's environment or economy or both.
(f) Local government means a statutory or home rule municipality, county,
or city and county.
(g) (I) Residential property means any real property upon which a dwelling
is constructed.
(II) Residential property includes:
(A) Both units and common elements in a common interest community, as
those terms are defined in section 38-33.3-103; and
(B) Single-family detached properties and single-family attached properties
that are not in a common interest community.
(h) School means:
(I) A public school maintained and operated by a school district created
pursuant to article 30 of title 22;
(II) A district charter school as defined in section 22-11-103 (12);
(III) An institute charter school as defined in section 22-11-103 (17);
(IV) A private school as defined in section 22-30.5-103 (6.5);
(V) A state institution of higher education as defined in section 23-1-108
(7)(g)(II); or
(VI) A private institution of higher education as defined in section 23-18-102
(9).
(i) Turf means continuous plant coverage consisting of nonnative grasses
or grasses that have not been hybridized for arid conditions and which, when regularly mowed, form a dense growth of leaf blades and roots.
(j) Turf replacement fund or fund means the turf replacement fund
created in subsection (6) of this section.
(k) Turf replacement program or program means a program through
which financial compensation or in-kind or subsidized goods or services are provided to assist with the voluntary replacement of irrigated turf for:
(I) Residential properties; and
(II) CII properties, including industrial and business campuses.
(l) Water-wise landscape or water-wise landscaping:
(I) Means a water- and plant-management practice that:
(A) Is intended to be functional and attractive;
(B) Emphasizes the use of plants that require lower supplemental water,
such as native and drought-tolerant plants; and
(II) Prioritizes the following seven key principles:
(A) Planning and design for water conservation, beauty, and utility;
(B) Improving soil;
(C) Applying efficient irrigation;
(D) Limiting turf to high traffic, essential areas;
(E) Selecting plants that have low water demand;
(F) Applying mulch; and
(G) Maintaining the landscape.
(3) On or before July 1, 2023, the board shall develop a state turf
replacement program:
(a) To provide money to an eligible entity that itself provides matching
money in an amount up to fifty percent of the direct and indirect costs that the eligible entity and any third party it contracts with in developing or implementing a turf replacement program will incur;
(b) Through one or more third-party contractors chosen in accordance with
subsection (5) of this section, to administer one or more turf replacement programs in areas throughout the state in which no eligible entity has developed or is planning to implement a turf replacement program during a specified irrigation season. Turf replacement programs developed pursuant to this subsection (3)(b) may serve residential properties; commercial, institutional, or industrial properties; or both.
(c) Through which money appropriated or transferred to the turf
replacement fund may be provided to an eligible entity that utilizes federal funds to serve as a portion of the nonfederal match money that a federal grant or loan program requires of the eligible entity.
(4) (a) With regard to an eligible entity applicant seeking money for a turf
replacement program that it administers or plans to administer, the eligible entity may apply to the board in the form and manner determined by the board for money to assist the eligible entity in providing turf replacement for:
(I) Its own property;
(II) Residential property within the eligible entity's boundaries or service
area; or
(III) Commercial, institutional, or industrial property located within the
eligible entity's boundaries or service area.
(b) An eligible entity awarded money:
(I) May use a portion of the money to cover its direct and indirect costs,
including the direct and indirect costs incurred by any third-party contractor, in developing and administering a turf replacement program;
(II) Is encouraged to require that its program participants update irrigation
systems to efficiently irrigate water-wise landscaping as a condition of participating in the eligible entity's turf replacement program; and
(III) Is encouraged to require that its program participants maintain or create
defensible space to reduce wildfire risk.
(c) The board's application requirements for applications received pursuant
to this subsection (4) must include a requirement that the eligible entity demonstrate to the satisfaction of the board that:
(I) The eligible entity has matching money as required under subsection
(3)(a) of this section;
(II) The eligible entity will start using any money awarded for implementation
of a turf replacement program within twelve months after being awarded the money;
(III) If the eligible entity has an existing turf replacement program, the
eligible entity will use the money awarded in a manner that expands its turf replacement program, either by increasing the financial incentives offered per property or by expanding the annual total acreage of turf replaced under the program; and
(IV) The eligible entity will not allow the use of money for the replacement of
turf with any of the following:
(A) Impermeable concrete;
(B) Artificial turf;
(C) Water features such as fountains;
(D) Invasive plant species; or
(E) Turf.
(5) (a) The board shall contract with one or more third parties, selected in
compliance with the Procurement Code, articles 101 to 112 of title 24, to administer one or more turf replacement programs in accordance with subsection (3)(b) of this section. The board and third-party contractor or contractors may use money from the turf replacement fund to cover their direct and indirect costs in developing and administering one or more turf replacement programs under this subsection (5). The board and third-party contractor or contractors shall collaborate to develop one or more turf replacement programs that:
(I) Are based on industry best practices and that may then serve as a model
for turf replacement programs that eligible entities administer;
(II) Are designed to require that:
(A) Removed turf be replaced with a minimum percentage of living plant
species;
(B) Low or medium water-use plant species or both are used instead of high
water-use plant species in replacing the turf;
(C) There is an emphasis on using native and pollinator-friendly plant
species; and
(D) There is an emphasis on creating and maintaining defensible space to
reduce wildfire risk.
(III) Offer rebates or in-kind or subsidized goods or services to property
owners in an amount that balances incentivizing property owners to voluntarily participate in the program while not discouraging eligible entities in the area from developing and administering a local program to serve the area.
(b) The board shall establish the responsibilities and the accountability of
the third-party contractor or contractors in managing the program pursuant to this subsection (5), which responsibilities and accountability must include:
(I) Ensuring all project work is being completed in an efficient manner and
within the project budget;
(II) Developing and submitting program invoices to the board; and
(III) Providing the board with progress reports about the program and a final
report regarding use of the money awarded for the program, including administrative costs.
(c) A residential property owner or CII property owner or manager may apply
to a third-party contractor, in a form and manner determined by the board and the third-party contractor, for money for turf replacement on the applicant's property as part of a turf replacement program established pursuant to this subsection (5). The application developed by the board and third-party contractor must inform an applicant that applicants receiving money under this subsection (5):
(I) May use the money to cover the cost of all design, materials, plantings,
and labor required to complete landscaping and irrigation system modifications to remove turf and replace it with water-wise landscaping;
(II) Are encouraged to update irrigation systems to efficiently irrigate water-wise landscaping as part of the applicants' participation in the program; and
(III) Shall not use the money to replace turf with any of the following:
(A) Impermeable concrete;
(B) Artificial turf;
(C) Water features such as fountains;
(D) Invasive plant species; or
(E) Turf.
(6) (a) (I) The turf replacement fund is hereby created in the state treasury to
be administered by the board for implementation of this section. The fund consists of money that the general assembly may appropriate or transfer to the fund, any federal money that the board receives for the program, and any gifts, grants, or donations that the board receives from private or public sources pursuant to subsection (6)(a)(II) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(II) The board may seek, accept, and expend gifts, grants, or donations from
private or public sources for the purposes of this section.
(b) Subject to annual appropriation by the general assembly, the board may
use the money in the fund for the purposes set forth in this section until the money is expended.
(c) Repealed.
(7) Nothing in this section shall be construed to add a requirement for a
water conservation plan that a covered entity files pursuant to section 37-60-126 (2).
Source: L. 2022: Entire section added, (HB 22-1151), ch. 435, p. 3061, � 1,
effective August 10.
Editor's note: Subsection (6)(c)(II) provided for the repeal of subsection (6)(c),
effective July 1, 2023. (See L. 2022, p. 3061.)
PART 2
WATER INFRASTRUCTURE REVENUE BONDS
37-60-201 to 37-60-210. (Repealed)
Editor's note: (1) This part 2 was added in 2003 and was not amended prior
to its repeal on November 4, 2003. For the text of this part 2 prior to November 4, 2003, consult the 2003 Colorado Revised Statutes.
(2) Section 37-60-210 provided for the repeal of this part 2, effective upon
the rejection by the registered electors of the state voting on the ballot question regarding issuance of water infrastructure revenue bonds submitted pursuant to � 37-60-203 (1)(a). (See L. 2003, p. 2410.) The vote count on the measure at the general election held November 4, 2003, was as follows:
FOR: 307,412
AGAINST: 627,716
Interstate Compacts
Editor's note: The numbering system within the compacts in articles 61 to 69
of this title 37, inclusive, are those of the original compacts and are not to be confused with the numbering system of C.R.S. 1973.
Cross references: For interbasin compacts, see article 75 of this title 37; for
other compacts not related to water, see article 60 of title 24.
ARTICLE 61
Colorado River Compact
Law reviews: For article, Interstate Water Allocation Compacts: When the
Virtue of Permanence Becomes the Vice of Inflexibility, see 74 U. Colo. L. Rev. 105 (2003); for article, The Colorado River Revisited, see 88 U. Colo. L. Rev. 475 (2017); for article, Force Majeure and the Law of the Colorado River: the Confluence of Climate Change, Contracts, and the Constitution, see 95 U. Colo. L. Rev. 709 (2024).
C.R.S. § 37-90-107
37-90-107. Application for use of groundwater - publication of notice - conditional permit - hearing on objections - well permits - rules. (1) Any person desiring to appropriate groundwater for a beneficial use in a designated groundwater basin shall make application to the commission in a form to be prescribed by the commission. The applicant shall specify the particular designated groundwater basin or subdivision thereof from which water is proposed to be appropriated, the beneficial use to which it is proposed to apply such water, the location of the proposed well, the name of the owner of the land on which such well will be located, the estimated average annual amount of water applied for in acre-feet, the estimated maximum pumping rate in gallons per minute, and, if the proposed use is irrigation, the description of the land to be irrigated and the name of the owner thereof, together with such other reasonable information as the commission may designate on the form prescribed. The amount of water applied for shall only be utilized on the land designated on the application. The place of use shall not be changed without first obtaining authorization from the ground water commission.
(2) Upon the filing of such application, a preliminary evaluation shall be
made to determine if the application may be granted. If the application can be given favorable consideration by the ground water commission under existing policies, then, within thirty days, the application shall be published.
(3) After the expiration of the time for filing objections, if no such objections
have been filed, the commission shall, if it finds that the proposed appropriation will not unreasonably impair existing water rights from the same source and will not create unreasonable waste, grant the said application, and the state engineer shall issue a conditional permit to the applicant within forty-five days after the expiration of the time for filing objections or within forty-five days after the hearing provided for in subsection (4) of this section to appropriate all or a part of the waters applied for, subject to such reasonable conditions and limitations as the commission may specify.
(4) If objections have been filed within the time in said notice specified, the
commission shall set a date for a hearing on the application and the objections thereto and shall notify the applicants and the objectors of the time and place. Such hearing shall be held in the designated groundwater basin and within the district, if one exists, in which the proposed well will be located or at such other place as may be designated by the commission for the convenience of, and as agreed to by, the parties involved. If after such hearing it appears that there are no unappropriated waters in the designated source or that the proposed appropriation would unreasonably impair existing water rights from such source or would create unreasonable waste, the application shall be denied; otherwise, it shall be granted in accordance with subsection (3) of this section. The commission shall consider all evidence presented at the hearing and all other matters set forth in this section in determining whether the application should be denied or granted.
(5) In ascertaining whether a proposed use will create unreasonable waste or
unreasonably affect the rights of other appropriators, the commission shall take into consideration the area and geologic conditions, the average annual yield and recharge rate of the appropriate water supply, the priority and quantity of existing claims of all persons to use the water, the proposed method of use, and all other matters appropriate to such questions. With regard to whether a proposed use will impair uses under existing water rights, impairment shall include the unreasonable lowering of the water level, or the unreasonable deterioration of water quality, beyond reasonable economic limits of withdrawal or use. If an application for a well permit cannot otherwise be granted pursuant to this section, a well permit may be issued upon approval by the ground water commission of a replacement plan that meets the requirements of this article and the rules adopted by the commission. A replacement plan shall not be used as a vehicle for avoiding limitations on existing wells, including but not limited to restrictions on change of well location. Therefore, before approving any replacement plan that includes existing wells, the commission shall require independent compliance with all rules governing those existing wells in addition to compliance with any guidelines or rules governing replacement plans.
(5.5) A person withdrawing water from a well pursuant to subsection (3) of
this section may use graywater through use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit, or in the provisions of any approved replacement plan, apply to the use of graywater.
(6) (a) (I) A person shall not, in connection with the extraction of sand and
gravel by open mining, as defined in section 34-32.5-103 (15), expose designated groundwater to the atmosphere unless the person has obtained a well permit from the ground water commission. If an application for such a well permit cannot otherwise be granted pursuant to this section, a well permit shall be issued upon approval by the ground water commission of a replacement plan that meets the requirements of this article 90, pursuant to the guidelines or rules adopted by the commission. The well permit and replacement plan may authorize uses of water incidental to open mining for sand and gravel, including processing and washing mined materials; dust suppression; mined land reclamation including temporary irrigation for revegetation; liner or slurry wall construction; production of concrete and other aggregate-based construction materials; dewatering; and mitigation of impacts from mining and dewatering.
(II) Any person who extracted sand and gravel by open mining and exposed
groundwater to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall submit a replacement plan prior to July 15, 1990.
(b) If any designated groundwater was exposed to the atmosphere in
connection with the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., prior to January 1, 1981, no such well permit or replacement plan shall be required to replace depletions from evaporation; except that the burden of proving that such designated groundwater was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception.
(c) Any person who has reactivated or reactivates open mining operations
which exposed designated groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a replacement plan or a plan of substitute supply pursuant to paragraph (a) of this subsection (6).
(d) In addition to the well permit filing fee required by section 37-90-116, the
commission shall collect the following fees for exposing groundwater to the atmosphere for the extraction of sand and gravel by open mining:
(I) For persons who exposed groundwater to the atmosphere on or after
January 1, 1981, but prior to July 15, 1989, one thousand five hundred ninety-three dollars; except that, if such plan is filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (6), the filing fee shall be seventy dollars if such plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed groundwater surface area;
(II) For persons who expose groundwater to the atmosphere on or after July
15, 1989, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. In the case of new mining operations, such fee shall cover two years of operation of the plan.
(III) For persons who reactivated or who reactivate mining operations that
ceased activity prior to January 1, 1981, and who enlarge the surface area of any gravel pit lake beyond the area it covered before the cessation of activity, one thousand five hundred ninety-three dollars;
(IV) For persons who request renewal of an approved substitute water
supply plan prior to the expiration date of the plan, two hundred fifty-seven dollars regardless of the number of acres exposed;
(V) For persons whose approved substitute water supply plan has expired
and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. An approved plan shall be considered expired if the applicant has not applied for renewal before the expiration date of the plan. The state engineer shall notify the applicant in writing if the plan is considered expired.
(VI) For persons whose proposed substitute water supply plan was
disapproved and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. The state engineer shall notify the applicant in writing of disapproval of a plan.
(e) Excluding the well permit filing fee required by section 37-90-116 (2), the
state treasurer shall credit all fees collected with a replacement plan to the water resources cash fund created in section 37-80-111.7 (1).
(f) A person who has obtained a reclamation permit pursuant to section 34-32-112, C.R.S., shall be allowed to apply for a single well permit and to submit a
single replacement plan for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes located within such acreage.
(g) Notwithstanding the amount specified for any fee in paragraph (d) of this
subsection (6), the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(7) (a) The commission shall allocate, upon the basis of the ownership of the
overlying land, any designated groundwater contained in bedrock aquifers. Permits issued pursuant to this subsection (7) must allow withdrawals on the basis of an aquifer life of one hundred years. The commission shall adopt the necessary rules to carry out this subsection (7).
(b) Any right to the use of groundwater entitling its owner or user to
construct a well, which right was initiated prior to November 19, 1973, as evidenced by a current decree, well registration statement, or an unexpired well permit issued prior to November 19, 1973, shall not be subject to the provisions of paragraph (a) of this subsection (7).
(c) (I) (A) and (B) Repealed.
(C) Rights to designated groundwater in bedrock aquifers to be allocated
pursuant to subsection (7)(a) of this section must be determined in accordance with this section. A person desiring to obtain such a determination shall make application to the commission in a form to be prescribed by the commission. A fee of sixty dollars shall be submitted with the application for each aquifer, which sum shall not be refunded. The application must also include a request for approval of a replacement plan if one is required under commission rules to replace any depletions caused due to withdrawal of groundwater from bedrock aquifers.
(II) The publication and hearing requirements of this section shall also apply
to an application for determination of water rights pursuant to this subsection (7).
(III) Any such commission approved determination shall be considered a final
determination of the amount of groundwater so determined; except that the commission shall retain jurisdiction for subsequent adjustment of such amount to conform to the actual local aquifer characteristics from adequate information obtained from well drilling or test holes.
(d) (I) (A) and (B) Repealed.
(C) A person desiring a permit for a well to withdraw groundwater for a
beneficial use from a bedrock aquifer shall make application to the commission on a form to be prescribed by the commission. A fee of one hundred dollars shall be submitted with the application, which sum shall not be refunded.
(II) A well permit shall not be granted unless a determination of groundwater
to be withdrawn by the well has been made pursuant to paragraph (c) of this subsection (7).
(III) The application for a well permit must also include a replacement plan if
one is required under commission rules to replace any depletions caused due to withdrawal of groundwater from a bedrock aquifer and the required plan has not been approved pursuant to subsection (7)(c) of this section. The publication and hearing requirements of this section apply to an application for such a replacement plan.
(IV) The annual amount of withdrawal allowed in any well permits issued
under this subsection (7) shall be less than or equal to the amount determined pursuant to paragraph (c) of this subsection (7) and may, if so provided by any such determination, provide for the subsequent adjustment of such amount to conform to the actual aquifer characteristics encountered upon drilling of the well or test holes.
(8) The commission shall have the exclusive authority to issue or deny well
permits under this section. The commission shall consider any recommendation by ground water management districts concerning well permit applications under this section.
Source: L. 65: R&RE, p. 1250, � 1. C.R.S. 1963: � 148-18-6. L. 71: p. 1313, � 5. L.
79: (4) amended, p. 1371, � 1, effective June 7. L. 87: (3) amended, p. 1301, � 4, effective July 2. L. 89: (6) added, p. 1424, � 3, effective July 15. L. 93: (6)(c) and (6)(d) amended, p. 1832, � 2, effective June 6. L. 98: (6)(g) added, p. 1343, � 71, effective June 1; (5) amended and (7) and (8) added, p. 1216, � 5, effective August 5. L. 2003: (7)(c)(I) and (7)(d)(I) amended, p. 44, � 4, effective (see editor's note); (7)(d)(I)(A) and (7)(d)(I)(C) amended, p. 1683, � 15, effective May 14. L. 2006: (6)(d) amended, p. 1270, � 1, effective July 1. L. 2012: (6)(e) amended, (SB 12-009), ch. 197, p. 792, � 7, effective July 1. L. 2013: (5.5) added, (HB 13-1044), ch. 228, p. 1090, � 7, effective May 15. L. 2018: (6)(a)(I) amended, (SB 18-041), ch. 9, p. 157, � 1, effective August 8. L. 2025: (7)(a), (7)(c)(I)(C), (7)(d)(I)(C), and (7)(d)(III) amended, (HB 25-1014), ch. 388, p. 2184, � 3, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (7)(c)(I)(B) provided for the repeal of subsections (7)(c)(I)(A)
and (7)(c)(I)(B) and subsection (7)(d)(I)(B) provided for the repeal of subsections (7)(d)(I)(A) and (7)(d)(I)(B), effective July 1, 2006. (See L. 2003, p. 44.)
(3) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: For the legislative declaration contained in the 2003 act
amending subsections (7)(c)(I) and (7)(d)(I), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (5.5), see section 1 of chapter 228, Session Laws of Colorado 2013.
C.R.S. § 37-90-137
37-90-137. Permits to construct wells outside designated basins - fees - permit no groundwater right - evidence - time limitation - well permits - rules - definitions. (1) (a) On and after May 17, 1965, a new well shall not be constructed outside the boundaries of a designated groundwater basin, and the supply of water from existing wells outside the boundaries of a designated groundwater basin shall not be increased or extended unless the user makes an application in writing to the state engineer for a permit to construct a well, in a form prescribed by the state engineer.
(b) The applicant shall specify in the application described in subsection
(1)(a) of this section:
(I) The particular aquifer from which the water is to be diverted;
(II) The proposed beneficial use for the water;
(III) The location of the proposed well;
(IV) The name of the owner of the land on which the proposed well will be
located;
(V) The average annual amount of water applied for in acre-feet per year;
(VI) The proposed maximum pumping rate in gallons per minute; and
(VII) If the proposed use is agricultural irrigation, a description of the land to
be irrigated, the name of the owner of the land, and any other reasonable information that the state engineer designates on the form prescribed.
(c) Notwithstanding any provision of this subsection (1) to the contrary, the
requirements of this subsection (1) do not apply to wells constructed pursuant to an operations permit issued by the energy and carbon management commission pursuant to section 37-90.5-106 (1)(b).
(2) (a) (I) Repealed.
(II) Effective July 1, 2006, upon receipt of an application for a replacement
well or a new, increased, or additional supply of groundwater from an area outside the boundaries of a designated groundwater basin, accompanied by a filing fee of one hundred dollars, the state engineer shall make a determination as to whether or not the exercise of the requested permit will materially injure the vested water rights or prior geothermal operations of others.
(b) (I) The state engineer shall issue a permit to construct a well only if:
(A) The state engineer finds, as substantiated by hydrological and geological
facts, that there is unappropriated water available for withdrawal by the proposed well and that the vested water rights or prior geothermal operations of others will not be materially injured; and
(B) Except as specified in subsection (2)(b)(II) of this section, the location of
the proposed well will be more than six hundred feet from an existing well completed in the same aquifer and more than one-fourth of a mile from a prior geothermal operation utilizing water from the same aquifer.
(II) If the state engineer, after a hearing, finds that circumstances in a
particular instance so warrant, or if a court decree is entered for the proposed well location after notice has been given in accordance with subsection (2)(b)(II)(B) of this section, the state engineer may issue a permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section; except that a hearing is not required and the state engineer may issue a well permit without regard to the limitation specified in subsection (2)(b)(I)(B) of this section:
(A) If the state engineer notifies the owners of all wells within six hundred
feet of the proposed well by certified mail and receives no response within the time set forth in the notice, and if the proposed well is located within one-fourth of a mile of a prior geothermal operation, and the state engineer notifies the prior geothermal operation's designated individuals and the energy and carbon management commission by electronic mail and receives no response within the time set forth in the notice;
(B) If the proposed well is part of a water court proceeding adjudicating the
water right for the well, or if the proposed well is part of an adjudication of a plan for augmentation or change of water right and if evidence is provided to the water court that the applicant has given notice of the water court application, at least fourteen days before making the application, by registered or certified mail, return receipt requested, to the owners of record of all wells within six hundred feet of the proposed well and to all designated individuals of prior geothermal operations within one-fourth of a mile of the proposed well;
(C) If the proposed well will serve an individual residential site and the
proposed pumping rate will not exceed fifteen gallons per minute; except that, if there is an oil and gas well within six hundred feet of the surface location of the proposed well, the state engineer shall notify the owner of such well by certified mail of the proposed well and may issue the well permit subject to the limitations specified in sub-subparagraph (A) of subparagraph (I) of this paragraph (b);
(D) If the proposed well is an oil and gas well and the only wells within six
hundred feet of the surface location of the proposed well are oil and gas wells; or
(E) If the proposed well is an oil and gas well, there is an existing production
water well that is not an oil and gas well within six hundred feet of the surface location of the proposed oil and gas well, the state engineer has provided written notice of the application by certified mail to the owners of such wells that are not oil and gas wells within thirty-five days after receipt of a complete application for the proposed well, and the state engineer has given those to whom notice was provided thirty-five days after the date of mailing of such notice to file comments on the proposed well's application.
(c) The permit shall set forth the conditions for drilling, casing, and
equipping wells and other diversion facilities as are reasonably necessary to prevent waste, pollution, or material injury to existing rights or prior geothermal operations.
(d) (I) The state engineer shall endorse upon the application the date of its
receipt, file and preserve such application, and make a record of such receipt and the issuance of the permit in his office so indexed as to be useful in determining the extent of the uses made from various groundwater sources.
(II) The state engineer shall act upon an application filed under this section
within forty-five days after its receipt.
(e) As used in this subsection (2), unless the context otherwise requires:
(I) Material injury to a prior geothermal operation has the meaning set forth
in section 37-90.5-106 (1)(c).
(II) Prior geothermal operation has the meaning set forth in section 37-90.5-103 (14.5).
(3) (a) (I) A permit to construct a well outside the boundaries of a designated
groundwater basin issued on or after April 21, 1967, expires two years after issuance unless the well is constructed before the expiration of the permit.
(II) If the requirements of section 37-92-301 are met, the expiration of any
permit pursuant to this paragraph (a) associated with a conditional groundwater right shall not be the sole basis to determine the existence of reasonable diligence toward completion of such conditional water right.
(III) The state engineer may require the metering or other reasonable
measurement of withdrawals of groundwater pursuant to permits and the reasonable recording and disclosure of such measured withdrawals.
(b) Any permit to construct a well issued by the state engineer prior to April
21, 1967, shall expire on July 1, 1973, unless the applicant furnishes to the state engineer, prior to July 1, 1973, evidence that the water from such well has been put to beneficial use prior to that date. The state engineer shall give notice by certified or registered mail to all persons to whom such permits were issued at the address shown on the state engineer's records, setting forth the provisions of this subsection (3). Such notices shall be mailed not later than December 31, 1971.
(c) If evidence that the well has been constructed within two years after the
date that the permit was issued has not been furnished to the state engineer within the time frame prescribed by rules adopted pursuant to section 37-91-104, the well permit expires. The state engineer shall notify the permit holder and, if applicable, the contractor listed on the permit application that the well permit is expired.
(d) In the case of federally authorized water projects wherein well permits
are required by this section and have been secured, the expiration dates of the projects may be extended for additional periods, not to exceed one year per extension, based upon a finding of good cause by the state engineer following a review of any such project at least annually by the state engineer. The state engineer may extend the expiration of a permit if the person to whom the permit was issued, on forms as may be prescribed by the state engineer, furnishes to the state engineer a showing of good cause as to why the well has not been constructed and an estimate of time necessary to complete construction.
(e) The state engineer may reinstate an expired well permit if the state
engineer receives satisfactory evidence that the well was constructed within two years after the date that the permit was issued, accompanied by a filing fee of thirty dollars. The state engineer shall consider records of the state engineer and evidence provided to the state engineer in determining whether the permit should be reinstated.
(f) Subsection (3)(e) of this section does not apply to a well permit that
formally expired through an order issued prior to September 1, 2025.
(4) (a) In the issuance of a permit to construct a well outside a designated
groundwater basin and not meeting the exemptions set forth in section 37-92-602 to withdraw nontributary groundwater or any groundwater in the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, the provisions of subsections (1) and (2) of this section shall apply.
(b) (I) Permits issued pursuant to this subsection (4) shall allow withdrawals
on the basis of an aquifer life of one hundred years.
(II) Subject to the provisions of subsections (1) and (2) of this section, the
amount of such groundwater available for withdrawal shall be that quantity of water, exclusive of artificial recharge, underlying the land owned by the applicant or underlying land owned by another:
(A) Who has consented in writing to the applicant's withdrawal; or
(B) Whose consent exists by virtue of a lawful municipal ordinance or a
quasi-municipal district resolution in effect prior to January 1, 1985, and which consent was the subject of a water court application for determination of nontributary groundwater rights filed by the affected municipality or quasi-municipal district prior to January 1, 1985; or
(C) Who shall be deemed to have consented to the withdrawal of
groundwater pursuant to the provisions of subsection (8) of this section.
(b.5) (I) An applicant claiming to own the overlying land or to have the
consent of the owner of the overlying land as contemplated in sub-subparagraph (A) of subparagraph (II) of paragraph (b) of this subsection (4) shall furnish to the state engineer, in addition to evidence of such consent, evidence that the applicant has given notice of the application by registered or certified mail, return receipt requested, no less than ten days prior to the making of the application, to every record owner of the overlying land and to every person who has a lien or mortgage upon, or deed of trust to, the overlying land recorded in the county in which the overlying land is located.
(II) For purposes of this paragraph (b.5), person means any individual,
partnership, association, or corporation authorized to do business in the state of Colorado, or any political subdivision or public agency thereof, or any agency of the United States.
(III) The provisions of subparagraph (I) of this paragraph (b.5) do not apply to
applicants whose right to withdraw the groundwater has been determined by a valid decree nor to political subdivisions of the state of Colorado, special districts, municipalities, or quasi-municipal districts that have obtained consent to withdraw the groundwater by deed, assignment, or other written evidence of consent where, at the time of application, the overlying land is within the water service area of such entity.
(c) Material injury to vested nontributary groundwater rights shall not be
deemed to result from the reduction of either hydrostatic pressure or water level in the aquifer.
(d) The annual amount of withdrawal allowed in any well permits issued
under this subsection (4) shall be the same as the amount determined by court decree, if any, and may, if so provided by any such decree, provide for the subsequent adjustment of such amount to conform to the actual aquifer characteristics encountered upon drilling of the well or test holes.
(5) Any right to the use of groundwater entitling its owner or user to
construct a well, which right was initiated prior to July 6, 1973, as evidenced by an unexpired well permit issued prior to July 6, 1973, or a current decree, shall not be subject to the provisions of subsection (4) of this section.
(6) Rights to nontributary groundwater outside of designated groundwater
basins may be determined in accordance with the procedures of sections 37-92-302 to 37-92-305. Such proceedings may be commenced at any time and may include a determination of the right to such water for existing and future uses. Such determination shall be in accordance with subsections (4) and (5) of this section. Claims pending as of October 11, 1983, which have been published pursuant to section 37-92-302 in the resume need not be republished.
(7) In the case of dewatering of geologic formations by withdrawing
nontributary groundwater to facilitate or permit mining of minerals:
(a) (I) Except for coal bed methane wells, a well permit is not required unless
the nontributary groundwater being removed will be beneficially used.
(II) Except for coal bed methane wells, a well permit is not required if the
nontributary groundwater being removed to facilitate or permit the mining of minerals will be used only by operators within the geologic basin where the groundwater is removed to facilitate or permit the mining of minerals, including:
(A) Injection into a properly permitted disposal well;
(B) Evaporation or percolation in a properly permitted pit;
(C) Disposal at a properly permitted commercial facility;
(D) Roadspreading or reuse for enhanced recovery, drilling, well stimulation,
well maintenance, pressure control, pump operations, dust control on-site or off-site, pipeline and equipment testing, equipment washing, or fire suppression;
(E) Discharge into state waters in accordance with the Colorado Water
Quality Control Act, article 8 of title 25, and the rules promulgated under that act;
(F) Evaporation at a properly permitted centralized exploration and
production waste management facility; or
(G) Generating energy or otherwise using heat from groundwater for the
mining of minerals.
(b) In the issuance of any well permit pursuant to this subsection (7),
subsection (4) of this section does not apply and subsections (1), (2), and (3) of this section apply; except that, in considering whether the permit shall issue, the requirement that the state engineer find that there is unappropriated water available for withdrawal and the six-hundred-foot spacing requirement in subsection (2) of this section do not apply. The state engineer shall allow the rate of withdrawal stated by the applicant to be necessary to dewater the mine; except that, if the state engineer finds that the proposed dewatering will cause material injury to the vested water rights of others, the applicant may propose, and the permit shall contain, terms and conditions that will prevent such injury. The reduction of hydrostatic pressure level or water level alone does not constitute material injury. Permitting determinations pursuant to this subsection (7) neither confer a water right nor preclude determination of a water right by the water court.
(c) The state engineer may, pursuant to the State Administrative Procedure
Act, article 4 of title 24, C.R.S., adopt rules to assist with the administration of this subsection (7). The rule-making authority includes the promulgation of rules pursuant to which groundwater within formations and basins, in whole or part, is determined to be nontributary for the purposes of this subsection (7). The rules may also provide rule-making and adjudicatory procedures for nontributary determinations to be made after the initial rule-making pursuant to this subsection (7). In all rule-making proceedings authorized by this subsection (7), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules promulgated pursuant to this subsection (7), including all nontributary determinations made pursuant to this subsection (7), is in accordance with the State Administrative Procedure Act; except that venue for such review lies exclusively with the water judge or judges for the water division or divisions within which the groundwater that is the subject of such rules or determinations is located. In any judicial action seeking to curtail the withdrawal, use, or disposal of groundwater pursuant to this subsection (7) or to otherwise declare such activities unlawful, the court shall presume, subject to rebuttal, that any applicable nontributary determination made by the state engineer is valid. Any rules promulgated pursuant to this subsection (7) must not conflict with existing laws and do not affect the validity of groundwater well permits existing prior to the adoption of such rules.
(7.5) (a) Except as required by subsection (7.5)(b) of this section, a permit
from the state engineer is not required in the case of withdrawing nontributary groundwater from a geologic formation if the withdrawal is permitted as a deep geothermal operation, as defined in section 37-90.5-103 (3), and the withdrawn nontributary groundwater will be used only for operations to extract or utilize heat, including:
(I) Generating electricity;
(II) Heating and cooling buildings;
(III) Heating swimming pools, public bathhouses, or developed hot springs
facilities;
(IV) Heating aquaculture;
(V) Melting snow or ice;
(VI) Heating to facilitate carbon dioxide capture or hydrogen production;
(VII) Deep geothermal exploration, resource confirmation, or reservoir
enhancement; and
(VIII) Heating and drying for other industrial processes.
(b) A well permit is required if the operator will use the nontributary
groundwater for additional beneficial uses unrelated to the extraction or utilization of heat.
(8) It is recognized that economic considerations generally make it
impractical for individual landowners to drill wells into the aquifers named in this subsection (8) for individual water supplies where municipal or quasi-municipal water service is available and that the public interest justifies the use of such groundwater by municipal or quasi-municipal water suppliers under certain conditions. Therefore, wherever any existing municipal or quasi-municipal water supplier is obligated either by law or by contract in effect prior to January 1, 1985, to be the principal provider of public water service to landowners within a certain municipal or quasi-municipal boundary in existence on January 1, 1985, said water supplier may adopt an ordinance or resolution, after ten days' notice pursuant to the provisions of part 1 of article 70 of title 24, C.R.S., which incorporates groundwater from the Dawson, Denver, Arapahoe, or Laramie-Fox Hills aquifers underlying all or any specified portion of such municipality's or quasi-municipality's boundary into its actual municipal service plan. Upon adoption of such ordinance or resolution, a detailed map of the land area as to which consent is deemed to have been given shall be filed with the state engineer. Upon the effective date of such ordinance or resolution, the owners of land which overlies such groundwater shall be deemed to have consented to the withdrawal by that water supplier of all such groundwater; except that no such consent shall be deemed to be given with respect to any portion of the land if:
(a) Water service to such portion of the land is not reasonably available from
said water supplier and no plan has been established by that supplier allowing the landowner to obtain an alternative water supply;
(b) Such ordinance or resolution is adopted prior to September 1, 1985, and,
prior to January 1, 1985, such groundwater was conveyed or reserved or consent to use such groundwater was given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent has been properly recorded prior to August 31, 1985;
(c) Such ordinance or resolution is adopted on or after September 1, 1985,
and said groundwater has been conveyed or reserved or consent to use such groundwater has been given or reserved in writing to anyone other than such water supplier and such conveyance, reservation, or consent is properly recorded before the effective date of that ordinance or resolution;
(d) Consent to use such groundwater has been given to anyone other than
such water supplier by the lawful effect of an ordinance or resolution adopted prior to January 1, 1985;
(e) Such groundwater has been decreed or permitted to anyone other than
such water supplier prior to the effective date of such ordinance or resolution; or
(f) Such portion of the land is not being served by said water supplier as of
the effective date of such ordinance or resolution and such groundwater is the subject of an application for determination of a right to use groundwater filed in the water court prior to July 1, 1985.
(9) (a) For the purpose of making the state engineer's consideration of well
permit applications for the withdrawal of groundwater from wells described in subsection (4) of this section more certain and expeditious, the state engineer may, to the extent provided in this subsection (9) and pursuant to the State Administrative Procedure Act, adopt rules and regulations to prescribe reasonable criteria and procedures for the application for, and the evaluation, issuance, extension, and administration of, such well permits. Such rules and regulations shall only be promulgated after the state engineer has conducted a hydrogeologic analysis, the results of which factually support the promulgation and the content of such rules and regulations for any particular aquifer or portion thereof. All such rules and regulations shall allow the withdrawal pursuant to such permits of the full amount of groundwater determined under subsection (4) of this section and shall afford the applicant the opportunity to rebut any presumptive aquifer characteristics. Presumptive aquifer characteristics established by those rules and regulations shall also apply to the determination of rights to groundwater from wells described in subsection (4) of this section by the water judges, subject to rebuttal by any party. In all rule-making proceedings authorized by this subsection (9), the state engineer shall afford interested persons the right of cross-examination. Judicial review of all rules and regulations promulgated pursuant to this subsection (9) shall be in accordance with the State Administrative Procedure Act; except that venue for such review shall lie exclusively with the water judge or judges for the water division or divisions within which the subject groundwater is located.
(b) On or before December 31, 1985, the state engineer shall promulgate
reasonable rules and regulations applying exclusively to the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers to the extent necessary to assure that the withdrawal of groundwater from wells described in subsection (4) of this section will not materially affect vested water rights to the flow of any natural stream. In no event shall the rules and regulations promulgated under this paragraph (b) require that persons who withdraw nontributary groundwater, as defined in section 37-90-103 (10.5), relinquish the right to consume, by means of original use, reuse, and successive use, more than two percent of the amount of such groundwater which is withdrawn without regard to dominion or control of the groundwater so relinquished, nor shall they require that judicial approval of plans for augmentation providing for such relinquishment be obtained.
(c) Repealed.
(c.5) (I) (A) As to wells that will be completed in the Dawson, Denver,
Arapahoe, and Laramie-Fox Hills aquifers and will withdraw groundwater that is not nontributary groundwater, judicial approval of plans for augmentation is required prior to the use of the groundwater.
(B) As to such wells completed in the Dawson aquifer, decrees approving
plans for augmentation must provide for the replacement of actual out-of-priority depletions to the stream caused by withdrawals from the wells and must meet all other statutory criteria for the plans.
(C) As to such wells completed in the Denver, Arapahoe, or Laramie-Fox Hills
aquifers more than one mile from any point of contact between any natural stream including its alluvium on which water rights would be injuriously affected by any stream depletion, and any such aquifer, the decrees must provide for the replacement to the affected stream system or systems of a total amount of water equal to four percent of the amount of water withdrawn on an annual basis. As to such wells completed in such aquifers at points closer than one mile to any such contact, the amount of the replacement is determined using the assumption that the hydrostatic pressure level in each such aquifer has been lowered at least to the top of that aquifer throughout that aquifer. The decrees may also require the continuation of replacement after withdrawal ceases if necessary to compensate for injurious stream depletions caused by prior withdrawals from the wells and must meet all other statutory criteria for such plans.
(II) (Deleted by amendment, L. 2015.)
(d) On or before July 1, 1995, the state engineer shall promulgate reasonable
rules that apply to the permitting and use of water artificially recharged into the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers. On or before July 1, 2018, the state engineer shall promulgate rules that apply to the permitting and use of water artificially recharged into a nontributary groundwater aquifer. The rules promulgated pursuant to this subsection (9)(d) must effectuate the maximum utilization of aquifers through the conjunctive use of surface and groundwater resources.
(10) Owners of such permits issued pursuant to subsection (4) of this section
shall be entitled to the issuance of permits for additional wells to be constructed on the land referred to in subsection (4) of this section. The standards of subsection (4) of this section shall be applied as if the applications for those additional well permits were filed on the same dates that the original applications were filed.
(11) (a) (I) A person shall not, in connection with the extraction of sand and
gravel by open mining as defined in section 34-32.5-103 (15), expose groundwater to the atmosphere unless the person has obtained a well permit from the state engineer pursuant to this section. The state engineer shall issue a well permit upon approval by the water court of a plan for augmentation or upon approval by the state engineer of a plan of substitute supply; except that no increased replacement of water shall be required by the water court or the state engineer whenever the operator or owner of land being mined has, prior to January 15, 1989, entered into and continually thereafter complied with a written agreement with a water conservancy district or water users' association to replace or augment the depletions in connection with or resulting from open mining of sand and gravel. The well permit and plan of substitute supply may authorize uses of water incidental to open mining for sand and gravel, including processing and washing mined materials; dust suppression; mined land reclamation including temporary irrigation for revegetation; liner or slurry wall construction; production of concrete and other aggregate-based construction materials; dewatering; and mitigation of impacts from mining and dewatering.
(II) Any person who extracted sand and gravel by open mining and exposed
groundwater to the atmosphere after December 31, 1980, shall apply for a well permit pursuant to this section and, if applicable, shall apply for approval of a plan for augmentation or a plan of substitute supply prior to July 15, 1990.
(b) If any groundwater was exposed to the atmosphere in connection with
the extraction of sand and gravel by open mining as defined in section 34-32-103 (9), C.R.S., prior to January 1, 1981, no such well permit, plan for augmentation, or plan of substitute supply shall be required to replace depletions from evaporation; except that the burden of proving that such groundwater was exposed prior to January 1, 1981, shall be upon the party claiming the benefit of this exception. Notwithstanding the provisions of this paragraph (b), judgments and decrees entered prior to July 1, 1989, approving plans for augmentation, which plans include the replacement of depletions from such evaporation, shall be given full effect and shall be enforced according to their terms.
(c) Any person who has reactivated or reactivates open mining operations
which exposed groundwater to the atmosphere but which ceased activity prior to January 1, 1981, shall obtain a well permit and shall apply for approval of a plan for augmentation or a plan of substitute supply pursuant to paragraph (a) of this subsection (11).
(d) No person who obtains or operates a plan for augmentation or plan of
substitute supply prior to July 1, 1989, shall be required to make replacement for the depletions from evaporation exempted in this subsection (11) or otherwise replace water for increased calls which may result therefrom.
(e) In addition to the well permit filing fee required by subsection (2) of this
section, the state engineer shall collect the following fees for exposing groundwater to the atmosphere for the extraction of sand and gravel by open mining:
(I) For persons who exposed groundwater to the atmosphere on or after
January 1, 1981, but prior to July 15, 1989, one thousand five hundred ninety-three dollars; except that, if such plan is filed prior to July 15, 1990, as required by subparagraph (II) of paragraph (a) of this subsection (11), the filing fee shall be seventy dollars if such plan includes ten acres or less of exposed groundwater surface area or three hundred fifty dollars if such plan includes more than ten acres of exposed groundwater surface area;
(II) For persons who expose groundwater to the atmosphere on or after July
15, 1989, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. In the case of new mining operations, such fee shall cover two years of operation of the plan.
(III) For persons who reactivated or who reactivate mining operations that
ceased activity prior to January 1, 1981, and enlarge the surface area of any gravel pit lake beyond the area it covered before the cessation of activity, one thousand five hundred ninety-three dollars;
(IV) For persons who request renewal of an approved substitute water
supply plan prior to the expiration date of the plan, two hundred fifty-seven dollars regardless of the number of acres exposed;
(V) For persons whose approved substitute water supply plan has expired
and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. An approved plan shall be considered expired if the applicant has not applied for renewal before the expiration date of the plan. The state engineer shall notify the applicant in writing if the plan is considered expired.
(VI) For persons whose proposed substitute water supply plan was
disapproved and who submit a subsequent plan, one thousand five hundred ninety-three dollars regardless of the number of acres exposed. The state engineer shall notify the applicant in writing of disapproval of a plan.
(f) Excluding the well permit filing fee required by subsection (2) of this
section, the state treasurer shall credit all fees collected with an application for approval of a plan for augmentation or a plan of substitute supply to the water resources cash fund created in section 37-80-111.7 (1).
(g) A person who has obtained a reclamation permit pursuant to section 34-32-112, C.R.S., shall be allowed to apply for a single well permit and to submit a
single plan for augmentation or a single plan of substitute supply for the entire acreage covered by the reclamation plan without regard to the number of gravel pit lakes placed within such acreage.
(12) (a) In considering any well permit application in water division 3 that
involves a new withdrawal of groundwater that will affect the rate or direction of movement of water in the confined aquifer, the state engineer shall recognize that unappropriated water is not made available and injury is not prevented as a result of the reduction of water consumption by nonirrigated native vegetation.
(b) (I) Repealed.
(II) Subparagraph (I) of this paragraph (b) was repealed, effective July 1,
2004; except that nothing in this subsection (12) shall affect the validity of the rules adopted by the state engineer for groundwater withdrawals in water division 3, or affect the applicability of such rules to well permits that have been or will be issued, and judicial decrees that have been or will be entered, for the withdrawal of groundwater in water division 3.
(13) Notwithstanding the amount specified for any fee in this section, the
commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(14) The state engineer may issue permits for augmentation wells only in
accordance with plans for augmentation approved by the water judge for water division 1 and substitute water supply plans approved pursuant to section 37-92-308 that include such wells.
(15) A person withdrawing water from a well pursuant to subsection (1) or (4)
of this section may use graywater through the use of a graywater treatment works, as those terms are defined in section 25-8-103 (8.3) and (8.4), C.R.S., in compliance with the requirements of section 25-8-205 (1)(g), C.R.S. Any limitations on use set forth in the well permit, and the provisions of any decreed plan for augmentation, apply to the use of graywater.
Source: L. 65: R&RE, p. 1265, � 1. C.R.S. 1963: � 148-18-36. L. 67: p. 277, � 10.
L. 71: pp. 1317, 1324, 1325, �� 16, 3, 5. L. 73: p. 1520, � 1. L. 77: (3)(c) and (3)(d) added, p. 1700, � 1, effective July 1. L. 79: (3)(a) amended, p. 1377, � 1, effective May 18. L. 83: (5) added, p. 1418, � 1, effective May 23; (6) added, p. 2080, � 2, effective October 11. L. 85: (1), (3)(a), and (4) amended and (7) to (10) added, p. 1161, � 3, effective July 1; (8) amended, p. 1372, � 55, effective July 1. L. 87: (2) and (3)(a) amended, p. 1302, � 6, effective July 2. L. 89: (11) added, p. 1422, � 2, effective July 15. L. 92: (2) and (3)(c) amended, p. 2299, � 5, effective March 19; (4) amended, p. 2310, � 1, effective March 20. L. 93: (4)(b.5) amended, p. 85, � 1, effective March 30; (11)(e) and (11)(f) amended, p. 1833, � 3, effective June 6. L. 94: (9)(d) added, p. 617, � 1, effective April 13; (3)(a)(I) amended, p. 1208, � 1, effective May 19. L. 95: (2) amended, p. 139, � 2, effective April 7. L. 96: (2)(b)(I), (2)(b)(II), (4)(a), and IP(8) amended, pp. 327, 325, �� 4, 1, effective April 16; (9)(c) amended and (9)(c.5) added, p. 1361, � 2, effective June 1. L. 98: (12) added, p. 853, � 2, effective May 26; (9)(c)(II) and (9)(c.5)(II) amended, p. 1072, � 1, effective June 1; (13) added, p. 1344, � 74, effective June 1. L. 99: (9)(c)(II) and (9)(c.5)(II) amended, p. 670, � 1, effective May 18. L. 2001: (12)(b) amended, p. 158, � 2, effective March 28; (9)(c)(II) and (9)(c.5)(II) amended, p. 727, � 2, effective July 1. L. 2003: (2)(a) and (3)(a)(I)(A) amended and (3)(a)(I)(A.3) and (3)(a)(I)(A.5) added, p. 46, � 6, effective (see editor's note); (14) added, p. 1454, � 4, effective April 30; (9)(c), (9)(c.5), and (12)(b) amended, pp. 1595, 1596, �� 1, 3, effective May 2; (2)(a)(I)(A) and (2)(a)(II) amended, p. 1684, � 17, effective May 14. L. 2004: (3)(a) R&RE and (3)(c) amended, pp. 1128, 1129, �� 1, 2, effective May 27. L. 2006: (11)(e) amended, p. 1271, � 2, effective July 1. L. 2009: (2)(b) and IP(7) amended and (7)(c) added, (HB 09-1303), ch. 390, pp. 2108, 2109, �� 2, 3, effective June 2. L. 2010: IP(7), (7)(a), and (7)(b) amended, (SB 10-165), ch. 31, p. 112, � 1, effective March 22. L. 2011: IP(7) and (7)(c) amended, (HB 11-1286), ch. 135, p. 473, � 1, effective May 4. L. 2012: (9)(c)(II) and (9)(c.5)(II) amended, (SB 12-008), ch. 7, p. 21, � 1, effective March 8; (2)(b)(II)(B), (2)(b)(II)(E), and (3)(c) amended, (SB 12-175), ch. 208, p. 884, � 156, effective July 1; (11)(f) amended, (SB 12-009), ch. 197, p. 791, � 4, effective July 1. L. 2013: (15) added, (HB 13-1044), ch. 228, p. 1090, � 8, effective May 15. L. 2015: (9)(c) repealed and (9)(c.5) amended, (SB 15-010), ch. 5, p. 11, � 1, effective March 13. L. 2017: (9)(d) amended, (HB 17-1076), ch. 89, p. 272, � 1, effective August 9. L. 2018: (11)(a)(I) amended, (SB 18-041), ch. 9, p. 157, � 2, effective August 8. L. 2023: (1) and (7)(a) amended, (SB 23-285), ch. 235, p. 1232, � 4, effective July 1. L. 2025: (2)(a)(II), (2)(b)(I), IP(2)(b)(II), (2)(b)(II)(A), (2)(b)(II)(B), and (2)(c) amended and (2)(e) and (7.5) added, (HB 25-1165), ch. 257, p. 1302, � 10, effective August 6; (3)(a)(I), (3)(c), and (3)(d) amended and (3)(e) and (3)(f) added, (HB 25-1014), ch. 388, p. 2183, � 2, effective August 6.
Editor's note: (1) Section 10 of chapter 7, Session Laws of Colorado 2003,
provides for an effective date of March 1, 2003; however, the Governor did not sign the act until March 5, 2003.
(2) Subsection (12)(b)(II) provided for the repeal of subsection (12)(b)(I),
effective July 1, 2004. (See L. 2003, p. 1596.)
(3) Subsection (2)(a)(I)(B) provided for the repeal of subsection (2)(a)(I),
effective July 1, 2006. (See L. 2003, p. 46.)
(4) Section 2 of chapter 135, Session Laws of Colorado 2011, provides that
the act amending the introductory portion to subsection (7) and subsection (7)(c) applies to nontributary determinations made and rules promulgated before, on, or after May 4, 2011.
(5) Section 9(2) of chapter 388 (HB 25-1014), Session Laws of Colorado
2025, provides that the act changing this section applies to well permit applications that are pending before, on, or after August 6, 2025, and to valid well permits in existence before, on, or after August 6, 2025.
Cross references: (1) For the State Administrative Procedure Act, see
article 4 of title 24; for the definition of designated groundwater, see � 37-90-103 (6); for small capacity wells, see � 37-90-105; for definitions of underground water, see �� 37-90-103 (19) and 37-92-103 (11); for exemptions from and presumptions formed in the application of article 92 of this title 37, see � 37-92-602.
(2) For the legislative declaration contained in the 2003 act amending
subsections (2)(a) and (3)(a)(I)(A) and enacting subsections (3)(a)(I)(A.3) and (3)(a)(I)(A.5), see section 1 of chapter 7, Session Laws of Colorado 2003. For the legislative declaration in the 2013 act adding subsection (15), see section 1 of chapter 228, Session Laws of Colorado 2013. For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.
C.R.S. § 38-51-104
38-51-104. Monumentation of land surveys. (1) (a) The corners of lots, tracts, other parcels of land, aliquot corners not described in subsection (4) of this section, and any line points or reference points which are set to perpetuate the location of any land boundary or easement shall, when established on the ground by a land survey, be marked by reasonably permanent markers solidly embedded in the ground.
(b) A durable cap bearing the license number of the professional land
surveyor responsible for the establishment of the monument shall be affixed securely to the top of each such monument embedded pursuant to this subsection (1).
(2) If the points designated in subsection (1) of this section fall on solid
bedrock, concrete, stone curbs, gutters, or walks, a durable metal disk or cap shall be securely anchored in the rock or concrete and stamped with the license number of the professional land surveyor responsible for the establishment of the monument or marker.
(3) (a) If the monuments or markers required by subsection (1) of this section
cannot practicably be set because of steep terrain, water, marsh, or existing structures, or if they would be lost as a result of proposed street, road, or other construction, one or more reference monuments shall be set.
(b) (I) The letters RM or WC and the surveyor's license number shall be
affixed to the monument.
(II) For purposes of this paragraph (b), RM means reference monument and
WC means witness corner.
(c) Reference monuments shall be set as close as practicable to the true
corner and shall meet the same physical standards required to set the true corner.
(d) If only one reference monument is used, such reference monument shall
be set on the actual boundary line or a prolongation thereof, otherwise at least two reference monuments shall be set.
(4) For any monument required by this section that marks the location of a
section corner, quarter section corner, or sixteenth section corner, such monument shall meet the physical standards specified by rule and regulation promulgated by the board pursuant to section 24-4-103, C.R.S.
(5) (a) The top of the monument for any corner required by this section which
is within the traffic area of a publicly named dedicated or deeded street, road, or highway shall be placed one-half foot below the roadway surface.
(b) If the roadway surface is pavement two inches thick or greater, the
monument shall include a monument box the top of which shall be set flush with the surface of the pavement.
(6) No marker required by this section shall bear the license number of more
than one professional land surveyor but may bear the name of an individual surveyor or surveying firm in addition to the required license number.
Source: L. 94: Entire article R&RE, p. 1516, � 47, effective July 1. L. 2006: (5)
amended, p. 743, � 13, effective July 1. L. 2013: (1)(b), (2), (3)(b)(I), and (6) amended, (SB 13-161), ch. 356, p. 2093, � 36, effective July 1.
Editor's note: This section is similar to former � 38-51-101, as it existed prior
to 1994.
Cross references: For provisions regarding the revocation of a land
surveyor's registration, see part 3 of article 120 of title 12.
C.R.S. § 38-51-105
38-51-105. Monumentation of subdivisions. (1) (a) Prior to recording a plat, the external boundaries of any platted subdivisions shall be monumented on the ground by reasonably permanent monuments solidly embedded in the ground.
(b) A durable cap bearing the license number of the professional land
surveyor responsible for the establishment of the monument shall be affixed securely to the top of each such monument embedded pursuant to this subsection (1).
(c) Monuments shall be set no more than fourteen hundred feet apart along
any straight boundary line, at all angle points, at the beginning, end, and points of change of direction or change of radius of any curved boundaries defined by circular arcs, and at the beginning and end of any spiral curve.
(2) The professional land surveyor who prepares the original subdivision plat,
exemption plat, or subdivision exemption plat shall provide external boundary monuments as required in subsection (1) of this section.
(3) (a) Before a sales contract for any lot, tract, or parcel within a subdivision
is executed, all boundaries of the block within which such lot, tract, or parcel is located shall be marked with monuments in accordance with subsection (1) of this section.
(b) The seller of the lot, section, or parcel shall provide for the services of a
professional land surveyor to establish block monumentation and lot markers as required pursuant to subsection (4) of this section.
(4) (a) Block monumentation may be set on the center lines of streets or on
offset lines from such streets as designated on the recorded plat.
(b) The corners of any lot, tract, or parcel sold separately shall be marked
within one year of the effective date of the sales contract.
(c) For any structure to be built on a lot, tract, or parcel before the corners
have been marked pursuant to this section, the seller of such lot, tract, or parcel shall retain a professional land surveyor to establish control lines on the ground as necessary to assure the proper location of the structure.
(5) For any complete block sold as a unit, it shall become the responsibility
of the subsequent seller of any separate lot, tract, or parcel within such block to retain a professional land surveyor to establish lot markers as required pursuant to subsection (4) of this section.
(6) For any points designated in subsection (1), (2), or (3) of this section that
fall on solid bedrock, concrete, stone curbs, gutters, or walks, a durable metal disk or cap shall be securely anchored in the rock or concrete and stamped with the license number of the professional land surveyor responsible for the establishment of the monument or marker.
(7) (a) If any monuments or markers required by subsection (1), (2), or (3) of
this section cannot practicably be set because of steep terrain, water, marsh, or existing structures, or if they would be lost as a result of proposed street, road, or other construction, one or more reference monuments shall be set.
(b) (I) The letters RM or WC shall be affixed to the monument in addition
to the surveyor's license number.
(II) For purposes of this paragraph (b), RM means reference monument and
WC means witness corner.
(c) Reference monuments shall be set as close as practicable to the true
corner and shall meet the same physical standards required to set the true corner.
(d) If only one reference monument is used, such reference monument shall
be set on the actual boundary line or a prolongation thereof, otherwise at least two reference monuments shall be set.
(8) For any monument required by this section which marks the location of a
section corner, quarter section corner, or sixteenth section corner, such monument shall meet the physical standards specified by rule and regulation promulgated by the board pursuant to section 24-4-103, C.R.S.
(9) (a) The top of the monument for any corner required by this section which
is within the traffic area of a publicly named dedicated or deeded street, road, or highway shall be placed one-half foot below the roadway surface.
(b) If the roadway surface is pavement two inches thick or greater, the
monument shall include a monument box the top of which shall be set flush with the surface of the pavement.
(10) No marker required by this section shall bear the license number of more
than one professional land surveyor but may bear the name of an individual surveyor or surveying firm in addition to the required license number.
Source: L. 94: Entire article R&RE, p. 1518, � 47, effective July 1. L. 2004:
(1)(b), (6), (7)(b)(I), and (10) amended, p. 1317, � 73, effective May 28. L. 2013: (6) amended, (SB 13-161), ch. 356, p. 2094, � 37, effective July 1.
Editor's note: This section is similar to former � 38-51-101, as it existed prior
to 1994.
C.R.S. § 39-22-514.5
39-22-514.5. Tax credit for qualified costs incurred in preservation of historic structures - commercial historic preservation tax credit program cash fund - tax preference performance statement - legislative declaration - short title - definitions. (1) Short title. The short title of this section is the Colorado Job Creation and Main Street Revitalization Act.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) (I) Certified historic structure means a property located in Colorado that
has been certified by the historical society or other reviewing entity because it has been:
(A) Listed individually on, or as a contributing property in a district included
within, the national register of historic places;
(B) Listed individually on, or as a contributing property in a district that is
included within, the state register of historic properties pursuant to the provisions of article 80.1 of title 24; or
(C) Listed individually by, or as a contributing property within a designated
historic district of, a certified local government.
(II) Certified historic structure may be either a residential or commercial
structure.
(b) Certified local government means any local government that has been
certified by the historical society in accordance with federal law.
(c) Certified rehabilitation means repairs or alterations to a certified
historic structure that have been certified by the historical society or other reviewing entity as meeting the standards for rehabilitation of the United States secretary of the interior.
(d) Contributing property means property that adds to the sense of time,
place, and historical development of a historic district as determined by the historical society or other reviewing entity.
(d.3) Denver metropolitan area means all of the land area within the
boundaries of the counties of Adams, Arapahoe, Boulder, and Jefferson, all of the area within the boundaries of the city and county of Broomfield and the city and county of Denver, and all of the area within the boundaries of the county of Douglas; except that the area within the boundaries of the town of Castle Rock and the area within the boundaries of the town of Larkspur in the county of Douglas shall not be included in such area.
(e) Department means the Colorado department of revenue or any
successor entity.
(f) Designated means established by local preservation ordinance.
(g) Historical society means the state historical society of Colorado, also
known as history Colorado, or any successor entity.
(g.5) Municipality has the same meaning as specified in section 31-1-101 (6)
and also includes any unincorporated area of a county, including without limitation an unincorporated community or a census-designated place.
(h) Office means the Colorado office of economic development or any
successor entity.
(i) Owner means any taxpayer filing a state tax return or any entity that is
exempt from federal income taxation pursuant to section 501 (c) of the internal revenue code, as amended, that owns:
(I) Title to a qualified structure;
(II) Prospective title to a qualified structure in the form of a purchase
agreement or an option to purchase;
(III) A leasehold interest in a qualified commercial structure for a term of not
less than thirty-nine years;
(III.5) A leasehold interest in a qualified commercial structure that is located
in a rural community for a term of not less than five years; or
(IV) A leasehold interest in a qualified residential structure for a term of not
less than five years.
(j) Qualified commercial structure means an income producing or
commercial property located in Colorado that is:
(I) At least thirty years old; and
(II) (A) Listed individually on, or as a contributing property in a district
included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(B) (Deleted by amendment, L. 2018.)
(C) Listed individually by, or as a contributing property that is included within
a designated historic district of, a certified local government.
(k) Qualified rehabilitation expenditures means:
(I) With respect to a qualified commercial structure, any expenditure as
defined under section 47 (c)(2)(A) of the internal revenue code, as amended, and the related regulations thereunder; and
(II) With respect to a qualified residential structure, exterior improvements
and interior improvements undertaken to restore, rehabilitate, or preserve the historic character of a qualified property that meet the standards for rehabilitation of the United States secretary of the interior as adopted by the historical society or the certified local government pursuant to federal law. As used in this subsection (2)(k)(II), exterior improvements is limited to any one or more of the following: Roof replacement or repair; exterior siding replacement or repair; masonry repair, re-pointing, or replacement; window repair or replacement; door repair or replacement; woodwork and trim repair or replacement; foundation repair or replacement; and excavation costs associated with foundation work. As used in this subsection (2)(k)(II), interior improvements is limited to one or more of the following: Electrical repairs and upgrades; plumbing repairs and upgrades; heating, venting, and air conditioning repairs and upgrades; repair of existing interior walls, ceilings, and finishes; repair or replacement of existing woodwork and trim; insulation; refinishing or replacing historic floor materials in-kind, excluding carpeting; and reconstructing missing historic elements when there is sufficient historical documentation to guide the reconstruction.
(l) Qualified residential structure means a nonincome producing and
owner-occupied residential property located in Colorado that is:
(I) At least thirty years old; and
(II) (A) Listed individually on, or as a contributing property in a district
included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(B) (Deleted by amendment, L. 2018.)
(C) Listed individually by, or as a contributing property that is included within
a designated historic district of, a certified local government.
(m) Qualified structure means a structure that satisfies the definition of
either a qualified residential structure or a qualified commercial structure.
(n) Rehabilitation plan or plan means construction plans and
specifications for the proposed rehabilitation of a qualified structure that are in sufficient detail to enable the office or the reviewing entity, as applicable, to evaluate whether the structure is in compliance with the standards developed under subsection (4) of this section.
(o) Reviewing entity means:
(I) A certified local government that has decided pursuant to subsection
(5.5)(c) of this section to perform the duties specified under this section; or
(II) The historical society if the qualified residential structure either is not
located within the territorial boundaries of any certified local government or is located within the territorial boundaries of a certified local government that has decided pursuant to subsection (5.5)(c) of this section not to perform the duties specified under this section.
(o.5) Rural community means:
(I) A municipality with a population of less than fifty thousand people that is
not located within the Denver metropolitan area; or
(II) An unincorporated area of any county the total population of which
county is less than fifty thousand people that is not located within the Denver metropolitan area.
(p) Substantial rehabilitation means:
(I) With respect to a qualified commercial structure:
(A) For tax years commencing prior to January 1, 2020, rehabilitation for
which the qualified rehabilitation expenditures exceed twenty-five percent of the owner's original purchase price of the qualified commercial structure less the value attributed to the land; and
(B) For tax years commencing on or after January 1, 2020, rehabilitation for
which the qualified rehabilitation expenditures are in an aggregate amount of at least twenty thousand dollars; and
(II) With respect to a qualified residential structure, rehabilitation for which
the qualified rehabilitation expenditures exceed five thousand dollars.
(3) General provisions. For income tax years commencing on or after
January 1, 2016, but prior to January 1, 2037, there shall be allowed a credit with respect to the income taxes imposed pursuant to this article 22 to each owner of a qualified structure that complies with the requirements of this section.
(4) Development of standards for approval of commercial or residential
rehabilitation projects. (a) The office, in consultation with the historical society, shall develop standards for the approval of the substantial rehabilitation of qualified commercial structures for which a tax credit under this section is being claimed. The standards must consider whether the substantial rehabilitation of a qualified commercial structure is consistent with the standards for rehabilitation adopted by the United States department of the interior.
(b) The historical society shall develop standards for the approval of the
substantial rehabilitation of qualified residential structures for which a tax credit under this section is being claimed. The standards must consider whether the substantial rehabilitation of a qualified residential structure is consistent with the standards for rehabilitation adopted by the United States department of the interior.
(5) Submission by owner of application and rehabilitation plan. (a) The
owner shall submit an application and rehabilitation plan to either the office for a qualified commercial structure or to the reviewing entity for a qualified residential structure, along with an estimate of the qualified rehabilitation expenditures under the rehabilitation plan. If an application and rehabilitation plan is for a qualified commercial structure, the owner shall specify whether the owner is seeking to reserve a credit allowed pursuant to subsection (12)(a) of this section or a credit allowed pursuant to subsection (12)(a.5) of this section, and an owner may only apply for one of these two credits for a single qualified rehabilitation plan as described in subsection (7) of this section. An owner, at the owner's own risk, may incur qualified rehabilitation expenditures no earlier than twenty-four months prior to the submission of the application and rehabilitation plan that an owner submits prior to January 1, 2026, and no earlier than twelve months prior to the submission of the application and rehabilitation plan that an owner submits on or after January 1, 2026, but only if satisfactory documentation is submitted to the office or the reviewing entity, as applicable, indicating the condition of the qualified structure prior to commencement of the rehabilitation, including but not limited to photographs of the qualified structure and written declarations from persons knowledgeable about the qualified structure. An owner may submit an application and rehabilitation plan and may commence rehabilitation before the property:
(I) Is listed individually on, or as a contributing property in a district included
within, the national register of historic places;
(II) Is listed individually on, or as a contributing property in a district included
within, the state register of historic properties pursuant to article 80.1 of title 24; or
(III) (Deleted by amendment, L. 2018.)
(IV) Is listed individually by, or as a contributing property within a designated
historic district of, a certified local government.
(b) Notwithstanding the provisions of subsection (5)(a) of this section, an
owner may incur qualified rehabilitation expenditures at the owner's own risk.
(b.5) On or after January 1, 2025, an owner shall not submit an application
and rehabilitation plan for an already completed rehabilitation project.
(c) Within ninety days after receipt of the application and rehabilitation plan,
the office and the historical society, in the case of a qualified commercial structure, and the reviewing entity, in the case of a qualified residential structure, shall notify the owner in writing if the rehabilitation plan is preliminarily determined to be a certified rehabilitation.
(5.5) Issuance of tax credit certificate for qualified residential structures -
rules. (a) (I) Following the completion of a rehabilitation of a qualified residential structure, the owner shall notify the reviewing entity that the rehabilitation has been completed and shall certify that the qualified rehabilitation expenditures incurred in connection with the rehabilitation plan. The owner shall also provide the reviewing entity with a cost and expense certification for the total qualified rehabilitation expenditures and the total amount of tax credits for which the owner is eligible. The reviewing entity shall review the documentation of the rehabilitation and verify its compliance with the rehabilitation plan. Except as otherwise provided in subsections (5.5)(a)(II) and (5.5)(a)(III) of this section, within ninety days after receipt of the foregoing documentation from the owner the reviewing entity shall issue a tax credit certificate in an amount equal to twenty percent of the actual qualified rehabilitation expenditures; except that the amount of the tax credit certificate awarded for tax years commencing before January 1, 2025, shall not exceed fifty thousand dollars for each qualified residential structure, the amount of the tax credit certificate awarded for tax years commencing on or after January 1, 2025, shall not exceed one hundred thousand dollars for each qualified residential structure, and both the fifty thousand dollar and one hundred thousand dollar amounts are to be calculated over a ten-year rolling period that commences with each change in ownership of the qualified residential structure.
(II) For income tax years commencing prior to January 1, 2030, and for
applications submitted pursuant to subsection (5) of this section prior to January 1, 2025, with respect to a qualified residential structure located in an area that the president of the United States has determined to be a major disaster area under section 102 (2) of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. sec. 5121 et seq., or that is located in an area that the governor has determined to be a disaster area under the Colorado Disaster Emergency Act, part 7 of article 33.5 of title 24, the amount of the tax credit specified in subsection (5.5)(a)(I) of this section is increased to twenty-five percent for an application that is filed within six years after the disaster determination.
(III) For income tax years commencing on and after January 1, 2020, with
respect to a qualified residential structure located in a rural community, the amount of the tax credit specified in subsection (5.5)(a)(I) of this section is increased to thirty-five percent for an application that is properly filed in accordance with this section.
(b) Repealed.
(c) For the purposes of this section, a certified local government may act as a
reviewing entity only for a qualified residential structure. Each certified local government shall adopt a resolution or ordinance stating whether the government will act as a reviewing entity for the purposes of this section. The local government shall send a copy of the resolution or ordinance to the historical society. Any certified local government that decides to act as a reviewing entity for the purposes of this section shall perform all duties and responsibilities in connection with a certified rehabilitation that receives preliminary approval from such entity. The historical society shall promulgate rules on standards and reporting, in accordance with article 4 of title 24, as it deems necessary to facilitate the effective implementation of this subsection (5.5)(c).
(d) In the case of a qualified residential structure, the reviewing entity may
impose a reasonable application fee.
(e) The historical society shall promulgate any and all rules necessary to
further implement the tax credits to be claimed for the substantial rehabilitation of qualified residential structures under this section. Any rules must be promulgated in accordance with article 4 of title 24.
(f) By March 15, 2019, and on a quarterly basis thereafter, the historical
society shall provide a report to the department specifying the ownership of tax credits to be claimed for the rehabilitation of qualified residential structures under this section covering the period since the last report. The historical society shall share with the department all necessary information about the tax credit created by this section to enable the historical society and the department to properly administer the tax credit.
(6) Application and issuance fees for qualified commercial structures. (a)
For a qualified commercial structure for which the amount of tax credit requested under this section is two hundred fifty thousand dollars or more, the office may impose a reasonable application fee that does not exceed five hundred dollars. For a qualified commercial structure for which the amount of tax credit requested under this section is less than two hundred fifty thousand dollars, the office may impose a reasonable application fee that does not exceed two hundred fifty dollars.
(b) (Deleted by amendment, L. 2018.)
(c) The office may impose on the owner a reasonable issuance fee of up to
three percent of the amount of the tax credit issued, which must be paid before the tax credit is issued to the owner. With respect to both an application fee and an issuance fee, the office shall share on an equal basis any such fees collected with the historical society and the department. Money collected from such fees must be credited to the commercial historic preservation tax credit program cash fund created in subsection (17) of this section and applied to the administration of the tax credit created by this section.
(d) (Deleted by amendment, L. 2018.)
(7) Reservation of tax credits for qualified rehabilitation plans for qualified
commercial structures. (a) In the case of a qualified commercial structure, a reservation of tax credits is permitted in accordance with the provisions of this subsection (7). The office and the historical society shall review the application and rehabilitation plan for a qualified commercial structure to determine that the information contained in the application and plan is complete. If the office and the historical society determine that the application and rehabilitation plan are complete, the office shall reserve for the benefit of the owner an allocation of a tax credit as provided in subsection (12)(a) or (12)(a.5) of this section and subsection (8)(c)(II) of this section, and the office shall notify the owner in writing of the amount of the reservation. The reservation of tax credits does not entitle the owner to an issuance of a tax credit until the owner complies with all the other requirements specified in this section for the issuance of the tax credit. The office shall separately reserve tax credits allowed pursuant to subsection (12)(a) of this section and tax credits allowed pursuant to subsection (12)(a.5) of this section in the order in which it receives completed applications and rehabilitation plans for each of those two categories of credits. The office shall issue a reservation of tax credits authorized by this subsection (7) within a reasonable time, not to exceed ninety days after the filing of a completed application and rehabilitation plan. The office shall stamp each completed application and plan with the date and time it receives the application and plan and shall review a plan and application on the basis of the order in which the documents were submitted by date and time. The office shall only review an application and plan submitted in connection with a property for which a property address, legal description, or other specific location is provided in the application and plan and for which the owner has specified the category of credit sought as required by subsection (5)(a) of this section. The owner shall not request the review of another property for approval in the place of the property that is the subject of the application and plan. Any application and plan disapproved by the office will be removed from the review process, and the office shall notify the owner in writing of the decision to remove the property from the review process. Disapproved applications and plans lose their priority in the review process. An owner may resubmit a modified application and plan, but a resubmitted application and plan is a new submission for purposes of the priority procedures described in this subsection (7)(a). If a resubmitted application and plan are submitted, the office may charge a new application fee in an amount specified in accordance with subsection (6) of this section.
(a.5) In the case of any project for a qualified commercial structure the
qualified rehabilitation expenditures for which amount to less than fifty thousand dollars, if the total number of applications for such projects that are received but not reserved for credits allowed pursuant to either subsection (12)(a) or (12)(b) of this section reaches fifteen, the office may suspend the submission of additional applications for that credit for such projects until such time as the fifteen projects have been duly reserved or disapproved. The notification period that is specified in subsection (5)(c) of this section is extended to one hundred twenty days after receipt of the application and rehabilitation plan for the fifteen projects. Any application for a qualified commercial structure the qualified rehabilitation expenditures for which amount to fifty thousand or more dollars is not subject to this subsection (7)(a.5).
(b) If, for any calendar year, the aggregate amount of reservations for tax
credits allowed pursuant to either subsection (12)(a) or (12)(a.5) of this section that the office has approved is equal to the total amount of tax credits available for reservation pursuant to the applicable subsection (12)(a) or (12)(a.5) of this section during that calendar year, the office shall notify all owners who have submitted applications and rehabilitation plans for reservation of a tax credit allowed pursuant to the applicable subsection (12)(a) or (12)(a.5) of this section then awaiting approval or submitted for approval after the calculation is made that no additional approvals of applications and plans for reservations of tax credits will be granted during that calendar year. The office shall additionally notify the owner of the priority number given to the owner's application and plan then awaiting approval. The applications and plans remain in priority status for two years from the date of the original application and plan and are considered for reservations of tax credits in the priority order established in this subsection (7) if additional credits become available resulting from the rescission of approvals under subsection (8)(a) of this section or because a new allocation of tax credits for a calendar year becomes available.
(c) Notwithstanding any other provision of this section, this subsection (7)
does not apply to a qualified residential structure because no reservation of tax credits is necessary in the case of a qualified residential structure.
(8) Deadline for incurring specified amount of estimated costs of
rehabilitation - proof of compliance - audit of cost and expense certification - issuance of tax credit certificate - commercial structures. (a) An owner receiving a reservation of tax credits under subsection (7)(a) of this section shall incur not less than twenty percent of the estimated costs of rehabilitation contained in the application and rehabilitation plan not later than eighteen months after the date of issuance of the written notice from the office to the owner granting the reservation of tax credits. An owner receiving a reservation of tax credits shall submit evidence of compliance with the provisions of this subsection (8)(a). If the office determines that an owner has failed to comply with the requirements of this subsection (8)(a), the office may rescind the issuance it previously gave the owner approving the reservation of tax credits and, if so, the total amount of tax credits made available pursuant to subsection (12)(a) or (12)(a.5) of this section, as applicable, for the calendar year for which reservations may be granted must be increased by the amount of the tax credits rescinded. The office shall promptly notify any owner whose reservation of tax credits has been rescinded and, upon receipt of the notice, the owner may submit a new application and plan for which the office may charge a new application fee in accordance with subsection (6) of this section.
(b) Following the completion of a rehabilitation of a qualified commercial
structure, the owner shall notify the office that the rehabilitation has been completed and shall certify the qualified rehabilitation costs and expenses. The applicant shall include a review of the certification by a licensed certified public accountant that is not affiliated with the qualified applicant, and the review of the certification must align with office policies for certification of qualified rehabilitation expenditures. The office and the historical society shall review the documentation of the rehabilitation and the historical society shall verify that the documentation satisfies the rehabilitation plan. Within ninety days after receipt of such documentation from the owner, the office shall issue a tax credit certificate in an amount equal to the following subject to subsection (8)(c) of this section:
(I) Twenty-five percent of the actual qualified rehabilitation expenditures
that are less than two million dollars; plus
(II) Twenty percent of the actual qualified rehabilitation expenditures in
excess of two million dollars.
(c) Notwithstanding subsection (8)(b) of this section:
(I) The total amount of the tax credit certificate issued for any particular
project shall not exceed the amount of the tax credit reservation issued for the project under subsection (7)(a) of this section;
(II) The amount of a tax credit certificate to be issued pursuant to subsection
(12)(a) of this section for any one qualified commercial structure shall not exceed one million dollars, and the amount of a tax credit certificate to be issued pursuant to subsection (12)(a.5) of this section for any one qualified rehabilitation plan shall not exceed one million five hundred thousand dollars in any one calendar year;
(III) For income tax years commencing prior to January 1, 2030, and for
applications submitted pursuant to subsection (5) of this section prior to January 1, 2026, with respect to a certified historic structure that is a qualified commercial structure that is located in an area that the president of the United States has determined to be a major disaster area under section 102 (2) of the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. sec. 5121 et seq., or that is located in an area that the governor has determined to be a disaster area under the Colorado Disaster Emergency Act, part 7 of article 33.5 of title 24, the tax credit amounts specified in subsections (8)(b)(I) and (8)(b)(II) of this section must be increased as follows for an application that is filed within six years after the disaster determination:
(A) The twenty-five percent credit amount specified in subsection (8)(b)(I) of
this section is increased to thirty percent; and
(B) The twenty percent credit amount specified in subsection (8)(b)(II) of this
section is increased to twenty-five percent;
(IV) For income tax years commencing on or after January 1, 2020, with
respect to a certified historic structure that is a qualified commercial structure that is located in a rural community, the tax credit amounts specified in subsections (8)(b)(I) and (8)(b)(II) of this section must be increased as follows for an application that is properly filed in accordance with this section:
(A) The twenty-five percent credit amount specified in subsection (8)(b)(I) of
this section is increased to thirty-five percent; and
(B) The twenty percent credit amount specified in subsection (8)(b)(II) of this
section is increased to thirty percent; and
(V) For a tax credit allowed pursuant to subsection (12)(a.5) of this section
only, if, due to a regulatory requirement or condition of financing, the qualified commercial structure for which the tax credit is claimed is subject to a deed restriction that requires the owner to lease rental housing units in the qualified commercial structure only to individuals or households whose income is below a specified amount, then the amount of the tax credit specified in subsection (8)(b) of this section, as increased pursuant to subsection (8)(c)(III) or (8)(c)(IV) of this section, if applicable, is increased by an additional five percent.
(d) If the amount of qualified rehabilitation expenditures incurred by the
owner would result in an owner being issued an amount of tax credits that exceeds the amount of tax credits reserved for the owner under subsection (7)(a) of this section, the owner may apply to the office for the issuance of an amount of tax credits that equals the excess. The owner must submit its application for issuance of such excess tax credits on a form prescribed by the office. The office shall automatically approve the application, which it shall issue by means of a separate certificate, subject only to the availability of tax credits and the provisions concerning priority provided in subsection (7)(a) of this section.
(e) (Deleted by amendment, L. 2018.)
(f) Repealed.
(9) Filing tax credit certificate with income tax return. In order to claim the
credit authorized by this section, the owner shall file the tax credit certificate with the owner's state income tax return. The amount of the credit claimed that the owner may claim under this section is the amount stated on the tax credit certificate.
(10) (Deleted by amendment, L. 2018.)
(11) Residential and commercial. (a) For tax years commencing prior to
January 1, 2027, the entire tax credit to be issued under this section for either a qualified residential structure or a qualified commercial structure may be claimed by the owner in the taxable year in which the certified rehabilitation is placed in service. If the amount of the credit allowed under this section exceeds the amount of income taxes otherwise due on the income of the owner in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not to exceed ten years and will be applied to the earliest income tax years possible. Any amount of the credit that is not used after such period shall not be refunded to the owner.
(b) (I) For tax years commencing on or after January 1, 2027, the entire tax
credit to be issued under this section for either a qualified residential structure or a qualified commercial structure may be claimed by the owner in the tax year in which the certified rehabilitation is placed in service.
(II) If the amount of the credit allowed under this section for a qualified
commercial structure, but not a qualified residential structure, exceeds the amount of income taxes otherwise due on the income of the owner in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not to exceed ten years and shall be applied to the earliest income tax years possible. Any amount of the credit that is not used after such period shall not be refunded to the owner.
(III) If the amount of the credit allowed under this section for a qualified
residential structure, but not a qualified commercial structure, exceeds the amount of income taxes otherwise due on the income of the qualified applicant in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in the income tax year is refunded to the qualified applicant.
(12) Limit on aggregate amount of all tax credits that may be reserved for
qualified commercial structures - assignability and transferability of tax credits for qualified commercial structures - tax preference performance statement - legislative declaration. (a) Except as otherwise provided in subsections (12)(a.5) and (12)(b) of this section, the aggregate amount of all tax credits in any calendar year that may be reserved for qualified commercial structures by the office upon the certification of all rehabilitation plans under subsection (7)(a) of this section for such structures must not exceed:
(I) For qualified commercial structures estimating qualified rehabilitation
expenditures in the amount of two million dollars or less, two and one-half million dollars in the aggregate for the 2016 calendar year, five million dollars in the aggregate for each of the 2017, 2018, and 2019 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year;
(II) For qualified commercial structures estimating qualified rehabilitation
expenditures in excess of two million dollars, two and one-half million dollars in the aggregate for the 2016 calendar year, five million dollars in the aggregate for each of the 2017, 2018, and 2019 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year;
(III) For qualified commercial structures estimating qualified rehabilitation
expenditures in any amount, ten million dollars in the aggregate for each of the 2020 through 2032 calendar years, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year; except that the aggregate amount of the ten million dollars in tax credits in any tax year that may be reserved by the office must be equally split between qualified commercial structures for which the estimated qualified rehabilitation expenditures are equal to or less than two million dollars and qualified commercial structures for which the estimated qualified rehabilitation expenditures are in excess of two million dollars.
(a.5) For calendar years commencing on or after January 1, 2025, but before
January 1, 2030, in addition to the tax credits allowed to be reserved by the office pursuant to subsection (12)(a) of this section, the office shall separately reserve credits pursuant to this subsection (12)(a.5) for an owner of a qualified commercial structure that submits an application and rehabilitation plan for rehabilitation of the qualified commercial structure so that at least fifty percent of the square footage of the qualified commercial structure will be net new rental housing units, as defined by the office. Except as otherwise provided in subsection (12)(b) of this section, the aggregate amount of all tax credits in any calendar year that may be reserved pursuant to this subsection (12)(a.5) for qualified commercial structures by the office upon the certification of all rehabilitation plans under subsection (7)(a) of this section for such structures must not exceed five million dollars per year in the aggregate, in addition to the amount of any previously reserved tax credits that were rescinded under subsection (8)(a) of this section during the applicable calendar year.
(b) Notwithstanding any other provision of this subsection (12), if the entirety
of the allowable tax credit amount for any calendar year is not requested and reserved under:
(I) Subsection (12)(a) of this section, the office may use any such unreserved
tax credits in reserving tax credits in another category for that same calendar year, and the office may also use any remaining unreserved tax credits for that calendar year in reserving tax credits in subsequent calendar years; or
(II) Subsection (12)(a.5) of this section, the office shall use any remaining
unreserved tax credits for that calendar year in reserving tax credits in subsequent calendar years.
(c) Any tax credits issued under this section to a partnership, a limited
liability company taxed as a partnership, or multiple owners of a property must be passed through to the partners, members, or owners, including any nonprofit entity that is a partner, member, or owner, respectively, on a pro rata basis or pursuant to an executed agreement among the partners, members, or owners documenting an alternate distribution method.
(d) Any tax credits issued under this section for a qualified commercial
structure are freely transferable and assignable, subject to any notice and verification requirements to be determined by the office; except that the owner or a subsequent transferee may only transfer the portion of the tax credit that has neither been applied against the income tax imposed by this article 22 nor used to obtain a refund. Any transferee of a tax credit for a qualified commercial structure issued under this section may use the amount of tax credits transferred to offset against any other tax due under this article 22 or the transferee may freely transfer and assign all or any portion of the tax credits that have neither been applied against the income taxes imposed by this article 22 nor used to obtain a refund to any other person or entity, including an entity that is exempt from federal income taxation pursuant to section 501 (c) of the internal revenue code, as amended, and the other person or entity may freely transfer and assign all or any portion of the tax credits that have neither been applied against the income taxes imposed by this article 22 nor used to obtain a refund to any other person or entity. The tax credits may be transferred or assigned on multiple occasions until such time as the credit is claimed on a state tax return. The transferor and the transferee of the tax credits shall jointly file a copy of the written transfer agreement with the office within thirty days after the transfer. Any filing of the written transfer agreement with the office perfects the transfer. The office shall develop a system to track the transfers of tax credits and to certify the ownership of tax credits. A certification by the office of the ownership and the amount of tax credits may be relied on by the department and the transferee as being accurate, and the office shall not adjust the amount of tax credits as to the transferee; except that the office retains any remedies it may have against the owner. The office may promulgate rules to permit verification of the ownership and amount of the tax credits; except that any rules promulgated shall not unduly restrict or hinder the transfer of the tax credits. Notwithstanding any other provision of this section, only tax credits issued under this section for a qualified commercial structure, and not tax credits issued under this section for a qualified residential structure, are freely transferable and assignable in accordance with this subsection (12)(d).
(e) (Deleted by amendment, L. 2018.)
(13) Appeal. Any owner or any duly authorized representative of an owner
may appeal any final determination made by the office, the historical society, or the department, including, without limitation, any preliminary or final reservation, or any approval or denial, in accordance with the State Administrative Procedure Act, article 4 of title 24. The owner or the owner's representative shall submit any such appeal within thirty days after receipt by the owner or the owner's representative of the final determination that is the subject of the appeal.
(14) Deadline for submitting application and rehabilitation plan.
Notwithstanding any other provision of this section, the tax credits authorized by this section for the substantial rehabilitation of a qualified structure are not available to an owner of a qualified structure that submits an application and rehabilitation plan after December 31, 2032. No action or inaction on the part of the general assembly has the effect of limiting or suspending the issuing of tax credits authorized by this section in any past or future income tax year with respect to a qualified structure if the owner of the structure submits an application and rehabilitation plan with the office on or prior to December 31, 2032, even if the qualified structure is placed into service after December 31, 2032. Any tax credits that have been reserved for a qualified commercial structure in accordance with subsection (7)(a) of this section and any applicable rules promulgated under this section prior to December 31, 2032, may still be issued by the office through and including December 31, 2036.
(15) Report to the department - rules - qualified commercial structures. (a)
On or before March 15, 2016, and on a quarterly basis thereafter, the office shall provide a report to the department specifying the ownership and transfers of tax credits for the rehabilitation of qualified commercial structures under this section covering the period since the last report.
(b) The office, in consultation with the historical society, may promulgate any
and all rules necessary to further implement the tax credits to be claimed for the substantial rehabilitation of qualified commercial structures under this section and shall solicit advice from the department in promulgating rules for transfers of such tax credits. Any such rules must be promulgated in accordance with article 4 of title 24.
(c) Notwithstanding any other provision of law, a taxpayer shall not claim a
credit under this section in connection with the rehabilitation of a historic structure for which the taxpayer is also claiming a credit under section 39-22-514.
(16) Tax preference performance statement. (a) In accordance with section
39-21-304 (1), which requires each bill that creates a new tax expenditure or extends an expiring tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly declares that the general purposes of the tax credit created in this section are to induce certain designated behavior by taxpayers and to provide tax relief for certain businesses or individuals. The specific purposes of the tax credit are to provide an incentive to taxpayers to rehabilitate qualified structures in a way that increases the number of net new rental housing units in the state and to provide a greater incentive for taxpayers who develop such units for rental to low- and moderate-income renters who need affordable and middle-income housing.
(b) The general assembly and the state auditor shall measure the
effectiveness of the tax credit in achieving the purposes specified in subsection (16)(a) of this section based on the information required to be maintained and reported by the office to the state auditor pursuant to subsection (16)(c) of this section.
(c) The office shall maintain a database of any information determined
necessary by the office to evaluate the effectiveness of the income tax credit allowed in this section in meeting the purposes set forth in subsection (16)(a) of this section and shall provide such information, which must include the number and value of tax credits claimed pursuant to this section, the number of net new rental units developed, including the number of such units developed for rental only to low- and moderate-income renters, through the rehabilitation of qualified commercial or residential structures for which tax credits were allowed pursuant to this section, and, if available, any other information that may be needed, to the state auditor as part of the state auditor's evaluation of the tax credit required by section 39-21-305.
(17) Commercial historic preservation tax credit program cash fund. (a) The
commercial historic preservation tax credit program cash fund is created in the state treasury. The fund consists of gifts, grants, donations, fee revenue credited to the fund pursuant to subsection (6) of this section, and any other money that the general assembly may appropriate, transfer, or require by law to be credited to the fund.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the commercial historic preservation tax credit program cash fund to the fund.
(c) Money in the fund is continuously appropriated to the office for the
purpose of administering the tax credit issued pursuant to this section.
(d) The state treasurer shall transfer all unexpended and unencumbered
money in the fund on December 31, 2051, to the general fund.
Source: L. 2014: Entire section added, (HB 14-1311), ch. 183, p. 670, � 1,
effective May 14. L. 2015: (2)(j) amended, (HB 15-1307), ch. 218, p. 804, � 1, effective August 5. L. 2018: Entire section amended, (HB 18-1190), ch. 344, p. 2046, � 1, effective May 30; (5.5)(a)(III) and (8)(c)(IV)(A) added, (HB 18-1190), ch. 344, p. 2046, � 1, effective January 1, 2020. L. 2019: (7)(a.5) amended, (SB 19-241), ch. 390, p. 3477, � 55, effective August 2. L. 2024: (2)(j)(I), (2)(l)(I), (2)(n), (3), IP(5)(a), (5.5)(a)(I), (5.5)(a)(II), (6)(c), (7)(a), (7)(a.5), (7)(b), (8)(a), IP(8)(b), (8)(c)(II), (8)(c)(IV)(B), (11), IP(12)(a), (12)(a)(III), (12)(b), and (14) amended, (5)(b.5), (8)(c)(V), (12)(a.5), (16), and (17) added, and (5.5)(b) and (8)(f) repealed, (HB 24-1314), ch. 245, p. 1613, � 1, effective August 7. L. 2025: IP(8)(c)(III) amended, (HB 25-1296), ch. 202, p. 913, � 8, effective May 16.
Cross references: For the legislative declaration in HB 25-1296, see section 1
of chapter 202, Session Laws of Colorado 2025.
C.R.S. § 39-26-731
39-26-731. Eligible decarbonizing building materials - tax preference performance statement - legislative declaration - definition - repeal. (1) (a) The general assembly hereby finds and declares that:
(I) The general assembly has committed to reduce greenhouse gases
through numerous policy and regulatory measures to meet the goals established in 2019;
(II) Great quantities of emissions are released during the manufacture and
transport of building materials used in construction projects;
(III) There is great potential for businesses and individuals in the state to
reduce greenhouse gas emissions in construction projects by purchasing and using eligible decarbonizing building materials, which are building materials with a maximum acceptable global warming potential as determined by the office of the state architect;
(IV) Providing a sales and use tax exemption for eligible decarbonizing
building materials will encourage businesses and individuals to purchase and use those building materials rather than industry standard materials; and
(V) The purchase and use of eligible decarbonizing building materials will
help improve environmental outcomes and accelerate necessary greenhouse gas reductions to protect public health and the environment and conserve a livable climate by incorporating emissions information from throughout the supply chain and product life cycle into building material purchasing and use decisions.
(b) In accordance with section 39-21-304 (1), which requires each bill that
creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly hereby finds and declares that the purposes of the tax expenditure created in subsection (3) of this section are to:
(I) Induce certain designated behavior by taxpayers, specifically the
purchase and use of eligible decarbonizing building materials; and
(II) Contribute to the state's effort to achieve its climate goals.
(c) The general assembly and the state auditor shall measure the
effectiveness of the exemption in achieving the purposes specified in subsection (1)(b) of this section based on the quantity of eligible decarbonizing building materials sold and used in the state. The Colorado energy office and office of the state architect shall provide the state auditor with any available information that would assist the state auditor's measurement.
(2) As used in this section, unless the context otherwise requires, eligible
decarbonizing building materials means building materials that have a maximum acceptable global warming potential as determined by the office of the state architect pursuant to section 24-92-117. Eligible decarbonizing building materials includes:
(a) Asphalt and asphalt mixtures;
(b) Cement and concrete mixtures;
(c) Glass;
(d) Post-tension steel;
(e) Reinforcing steel;
(f) Structural steel; and
(g) Wood structural elements.
(3) On and after July 1, 2024, all sales, storage, and use of eligible
decarbonizing building materials that are on the list of eligible materials maintained by the office of the state architect pursuant to section 24-92-117 (7), are exempt from taxation under parts 1 and 2 of this article 26.
(4) By January 1, 2024, the office of the state architect shall provide the list it
compiles and maintains pursuant to section 24-92-117 (7) to the department of revenue. Based on the list from the office of the state architect, the department shall create and maintain a database of products, including the manufacturers of the products, that are eligible for the sales and use tax exemption allowed pursuant to this section for use by entities that sell decarbonizing building materials.
(5) This section is repealed, effective July 1, 2034.
Source: L. 2022: Entire section added, (SB 22-051), ch. 333, p. 2352, � 4,
effective August 10.
C.R.S. § 42-3-306
42-3-306. Registration fees - passenger and passenger-mile taxes - fee schedule - repeal. (1) This section shall apply in any fiscal year beginning on or after July 1, 2010.
(2) Fees required for the annual registration of passenger-carrying motor
vehicles are as follows:
(a) Motorcycles and autocycles, three dollars;
(b) (I) Passenger cars, station wagons, taxicabs, ambulances, motor homes,
and hearses:
(A) Weighing two thousand pounds or less, six dollars;
(B) Weighing forty-five hundred pounds or less, six dollars plus twenty cents
per one hundred pounds, or fraction thereof, of weight over two thousand pounds;
(C) Weighing more than forty-five hundred pounds, twelve dollars and fifty
cents plus sixty cents per one hundred pounds, or fraction thereof, of weight over forty-five hundred pounds; except that, for motor homes weighing more than sixty-five hundred pounds, such fees shall be twenty-four dollars and fifty cents plus thirty cents per one hundred pounds, or fraction thereof, of weight over sixty-five hundred pounds.
(II) In addition to the registration fees imposed by subsection (2)(b)(I) of this
section, an additional registration fee is imposed on the motor vehicles described in the introductory portion to subsection (2)(b)(I) of this section, based on the age of the motor vehicle. The department shall set the fees as follows:
(A) For motor vehicles less than seven years old, twelve dollars;
(B) For motor vehicles seven years old but less than ten years old, ten
dollars;
(C) For motor vehicles ten years old or older, seven dollars.
(III) The department shall transmit one dollar out of the additional fees
collected in accordance with subsection (2)(b)(II) of this section to the state treasurer, who shall credit the same to the licensing services cash fund created in section 42-2-114.5. The department shall use the one dollar that is credited to the licensing services cash fund to offset the cost to the department to implement sections 42-3-103 (4)(a)(II) and 42-3-112 (1)(a)(II). The department shall transmit the remaining amount to the state treasurer, who shall credit the same to the highway users tax fund to be allocated pursuant to section 43-4-205 (6)(b).
(IV) If a regional transportation plan is implemented within the regional
transportation district, residents of the E-470 highway authority area shall be exempt from the first ten dollars of any motor vehicle registration fee increase in such plan.
(V) Notwithstanding subsection (2)(b)(II) of this section and in addition to the
registration fees imposed in subsection (2)(b)(I) of this section, an additional registration fee is imposed on the motor vehicles described in the introductory portion to subsection (2)(b)(I) of this section, based on the age of the motor vehicle. The department shall set the fees as follows:
(A) For motor vehicles less than seven years old, nine dollars;
(B) For motor vehicles at least seven years old but less than ten years old,
seven dollars; and
(C) For motor vehicles ten years old or older, five dollars.
(VI) The department shall adjust the fees imposed and set in subsection
(2)(b)(V) of this section to compensate for increases in or decreases in revenue credited to the highway users tax fund under sections 42-3-103 (4)(a)(II) and 42-3-112 (1)(a)(II) and revenue increases or decreases due to the repeal of section 42-3-112 (1.5)(a)(III); except that a fee shall not be set at less than one dollar, which is retained by the department. In adjusting these fees, the department shall not set the fees at amounts that exceed:
(A) For motor vehicles less than seven years old, twelve dollars;
(B) For motor vehicles at least seven years old but less than ten years old,
ten dollars; and
(C) For motor vehicles ten years old or older, seven dollars.
(VII) This subsection (2)(b)(VII) and subsections (2)(b)(V) and (2)(b)(VI) of this
section are repealed, effective July 1, 2026.
(c) Passenger buses:
(I) All such vehicles used for the transportation of passengers for
compensation having a seating capacity of fourteen or less passengers, twenty-five dollars plus one dollar and seventy cents for each seat capacity; and all such vehicles having a seating capacity of more than fourteen passengers, twenty-five dollars plus one dollar and twenty-five cents for each seat capacity in excess of fourteen;
(II) All such vehicles owned by a private owner and used for the
transportation of school pupils having a juvenile seating capacity (meaning fourteen lineal inches of seat space) of twenty-five or less, fifteen dollars; and for all such vehicles having a juvenile seating capacity of more than twenty-five, fifteen dollars plus fifty cents for each juvenile seat capacity in excess of twenty-five.
(3) Fees for the annual registration of the following vehicles shall be:
(a) Trailer coaches, three dollars;
(b) Trailers, utility trailers, and camper trailers having an empty weight of
two thousand pounds or less, three dollars;
(c) Trailers, utility trailers, and camper trailers having an empty weight
exceeding two thousand pounds, seven dollars and fifty cents;
(d) Semitrailers, seven dollars and fifty cents.
(4) (a) The annual registration fee for trucks and truck tractors owned by a
farmer or rancher that are operated over the public highways and are only commercially used to transport to market or place of storage raw agricultural products actually produced or livestock actually raised by such farmer or rancher or to transport commodities and livestock purchased by such farmer or rancher for personal use and used in such person's farming or ranching operations, shall be as follows:
(I) Each such vehicle having an empty weight of five thousand pounds or less,
an amount computed to the nearest pound of the empty weight of such vehicle, according to the following schedule:
Empty Weight Registration
(Pounds) Range Fee
2,000 and under $ 6.20
2,001 but not more than 2,100 6.40
2,101 but not more than 2,200 6.60
2,201 but not more than 2,300 6.80
2,301 but not more than 2,400 7.00
2,401 but not more than 2,500 7.20
2,501 but not more than 2,600 7.40
2,601 but not more than 2,700 7.60
2,701 but not more than 2,800 7.80
2,801 but not more than 2,900 8.00
2,901 but not more than 3,000 8.20
3,001 but not more than 3,100 8.40
3,101 but not more than 3,200 8.60
3,201 but not more than 3,300 8.80
3,301 but not more than 3,400 9.00
3,401 but not more than 3,500 9.20
3,501 but not more than 3,600 9.40
3,601 but not more than 3,700 9.60
3,701 but not more than 3,800 9.80
3,801 but not more than 3,900 10.00
3,901 but not more than 4,000 10.20
4,001 but not more than 4,100 10.40
4,101 but not more than 4,200 10.60
4,201 but not more than 4,300 10.80
4,301 but not more than 4,400 11.00
4,401 but not more than 4,500 11.20
4,501 but not more than 4,600 13.10
4,601 but not more than 4,700 13.70
4,701 but not more than 4,800 14.30
4,801 but not more than 4,900 14.90
4,901 but not more than 5,000 15.50
(II) Each such vehicle having an empty weight of ten thousand pounds or less
but more than five thousand pounds, fifteen dollars and fifty cents plus forty-five cents per one hundred pounds, or fraction thereof, of empty weight over five thousand pounds;
(III) Each such vehicle having an empty weight of more than ten thousand
pounds but not more than sixteen thousand pounds, thirty-eight dollars plus one dollar and twenty cents per one hundred pounds, or fraction thereof, of empty weight exceeding ten thousand pounds;
(IV) Each such vehicle having an empty weight of more than sixteen
thousand pounds, one hundred ten dollars, plus one dollar and fifty cents per one hundred pounds, or fraction thereof, of empty weight exceeding sixteen thousand pounds.
(b) Nothing in this subsection (4) shall be construed to prevent a farmer or
rancher from occasionally exchanging transportation with another farmer or rancher, but only if the sole consideration involved is the exchange of personal services or the use of equipment.
(c) A person applying for registration under this subsection (4) shall certify
to the licensing authority on forms furnished by the department that the vehicle will be used in conformity with paragraph (a) of this subsection (4).
(d) No vehicle carrying mounted equipment other than a camper or other
purely recreational equipment shall be registered under this subsection (4), and a vehicle registered under this subsection (4) shall be reregistered under the proper classification whenever equipment designed for commercial use is mounted upon such vehicle.
(e) The department or its authorized agent shall not require a person
registering a farm truck or truck tractor under this subsection (4) to demonstrate that the owner's primary business or source of income is agriculture if the farm truck or truck tractor is used primarily for agricultural production on a farm or ranch owned or leased by the owner of the truck or truck tractor, and the land on which it is used is classified as agricultural land for the purposes of levying and collecting property tax under section 39-1-103, C.R.S.
(5) The annual registration fee for those trucks and truck tractors operated
over the public highways of this state, except trucks that are registered under subsections (4) and (13) of this section and section 42-12-401 (1)(c), is as follows:
(a) For each such vehicle having an empty weight of up to and including
sixteen thousand pounds, such registration fee shall be based upon the empty weight of such vehicle, computed to the nearest pound, according to the following schedule:
Empty Weight Registration
(Pounds) Range Fee
2,000 and under $ 7.60
2,001 but not more than 2,100 7.80
2,101 but not more than 2,200 8.00
2,201 but not more than 2,300 8.20
2,301 but not more than 2,400 8.40
2,401 but not more than 2,500 8.60
2,501 but not more than 2,600 8.80
2,601 but not more than 2,700 9.00
2,701 but not more than 2,800 9.20
2,801 but not more than 2,900 9.40
2,901 but not more than 3,000 9.60
3,001 but not more than 3,100 10.20
3,101 but not more than 3,200 10.40
3,201 but not more than 3,300 10.60
3,301 but not more than 3,400 10.80
3,401 but not more than 3,500 11.00
3,501 but not more than 3,600 16.10
3,601 but not more than 3,700 16.70
3,701 but not more than 3,800 17.30
3,801 but not more than 3,900 17.90
3,901 but not more than 4,000 18.50
4,001 but not more than 4,100 19.10
4,101 but not more than 4,200 19.70
4,201 but not more than 4,300 20.30
4,301 but not more than 4,400 20.90
4,401 but not more than 4,500 21.50
4,501 but not more than 4,600 35.00
4,601 but not more than 4,700 37.00
4,701 but not more than 4,800 39.00
4,801 but not more than 4,900 41.00
4,901 but not more than 5,000 43.00
5,001 but not more than 5,100 45.00
5,101 but not more than 5,200 47.00
5,201 but not more than 5,300 49.00
5,301 but not more than 5,400 51.00
5,401 but not more than 5,500 53.00
5,501 but not more than 5,600 55.00
5,601 but not more than 5,700 57.00
5,701 but not more than 5,800 59.00
5,801 but not more than 5,900 61.00
5,901 but not more than 6,000 63.00
6,001 but not more than 6,100 65.00
6,101 but not more than 6,200 67.00
6,201 but not more than 6,300 69.00
6,301 but not more than 6,400 71.00
6,401 but not more than 6,500 73.00
6,501 but not more than 6,600 75.00
6,601 but not more than 6,700 77.00
6,701 but not more than 6,800 79.00
6,801 but not more than 6,900 81.00
6,901 but not more than 7,000 83.00
7,001 but not more than 7,100 85.00
7,101 but not more than 7,200 87.00
7,201 but not more than 7,300 89.00
7,301 but not more than 7,400 91.00
7,401 but not more than 7,500 93.00
7,501 but not more than 7,600 95.00
7,601 but not more than 7,700 97.00
7,701 but not more than 7,800 99.00
7,801 but not more than 7,900 101.00
7,901 but not more than 8,000 103.00
8,001 but not more than 8,100 105.00
8,101 but not more than 8,200 107.00
8,201 but not more than 8,300 109.00
8,301 but not more than 8,400 111.00
8,401 but not more than 8,500 113.00
8,501 but not more than 8,600 115.00
8,601 but not more than 8,700 117.00
8,701 but not more than 8,800 119.00
8,801 but not more than 8,900 121.00
8,901 but not more than 9,000 123.00
9,001 but not more than 9,100 125.00
9,101 but not more than 9,200 127.00
9,201 but not more than 9,300 129.00
9,301 but not more than 9,400 131.00
9,401 but not more than 9,500 133.00
9,501 but not more than 9,600 135.00
9,601 but not more than 9,700 137.00
9,701 but not more than 9,800 139.00
9,801 but not more than 9,900 141.00
9,901 but not more than 10,000 143.00
10,001 but not more than 10,100 144.50
10,101 but not more than 10,200 146.00
10,201 but not more than 10,300 147.50
10,301 but not more than 10,400 149.00
10,401 but not more than 10,500 150.50
10,501 but not more than 10,600 152.00
10,601 but not more than 10,700 153.50
10,701 but not more than 10,800 155.00
10,801 but not more than 10,900 156.50
10,901 but not more than 11,000 158.00
11,001 but not more than 11,100 159.50
11,101 but not more than 11,200 161.00
11,201 but not more than 11,300 162.50
11,301 but not more than 11,400 164.00
11,401 but not more than 11,500 165.50
11,501 but not more than 11,600 167.00
11,601 but not more than 11,700 168.50
11,701 but not more than 11,800 170.00
11,801 but not more than 11,900 171.50
11,901 but not more than 12,000 173.00
12,001 but not more than 12,100 174.50
12,101 but not more than 12,200 176.00
12,201 but not more than 12,300 177.50
12,301 but not more than 12,400 179.00
12,401 but not more than 12,500 180.50
12,501 but not more than 12,600 182.00
12,601 but not more than 12,700 183.50
12,701 but not more than 12,800 185.00
12,801 but not more than 12,900 186.50
12,901 but not more than 13,000 188.00
13,001 but not more than 13,100 189.50
13,101 but not more than 13,200 191.00
13,201 but not more than 13,300 192.50
13,301 but not more than 13,400 194.00
13,401 but not more than 13,500 195.50
13,501 but not more than 13,600 197.00
13,601 but not more than 13,700 198.50
13,701 but not more than 13,800 200.00
13,801 but not more than 13,900 201.50
13,901 but not more than 14,000 203.00
14,001 but not more than 14,100 204.50
14,101 but not more than 14,200 206.00
14,201 but not more than 14,300 207.50
14,301 but not more than 14,400 209.00
14,401 but not more than 14,500 210.50
14,501 but not more than 14,600 212.00
14,601 but not more than 14,700 213.50
14,701 but not more than 14,800 215.00
14,801 but not more than 14,900 216.50
14,901 but not more than 15,000 218.00
15,001 but not more than 15,100 219.50
15,101 but not more than 15,200 221.00
15,201 but not more than 15,300 222.50
15,301 but not more than 15,400 224.00
15,401 but not more than 15,500 225.50
15,501 but not more than 15,600 227.00
15,601 but not more than 15,700 228.50
15,701 but not more than 15,800 230.00
15,801 but not more than 15,900 231.50
15,901 but not more than 16,000 233.00
(b) (I) Except as provided in subparagraphs (II) and (III) of this paragraph (b),
for each vehicle registered under this subsection (5) having an empty weight exceeding sixteen thousand pounds, the registration fee shall be based upon the declared gross vehicle weight of the vehicle registered, according to the following schedule:
Declared Gross Vehicle
Weight (Pounds)Registration Fee
16,001 but not more than 20,000$ 330
20,001 but not more than 24,000 410
24,001 but not more than 30,000 490
30,001 but not more than 36,000 630
36,001 but not more than 42,000 770
42,001 but not more than 48,000 940
48,001 but not more than 54,000 1,150
54,001 but not more than 60,000 1,370
60,001 but not more than 66,000 1,570
66,001 but not more than 74,000 1,850
Over 74,000 1,975
(II) For each vehicle registered under this subsection (5) that has an empty
weight exceeding sixteen thousand pounds and that is used in the operations of a common or contract carrier for hire, such registration fee shall be based upon the declared gross vehicle weight of the vehicle registered, according to the following schedule:
Declared Gross Vehicle
Weight (Pounds)Registration Fee
16,001 but not more than 20,000$ 440
20,001 but not more than 24,000 550
24,001 but not more than 30,000 660
30,001 but not more than 36,000 770
36,001 but not more than 42,000 930
42,001 but not more than 48,000 1,130
48,001 but not more than 54,000 1,430
54,001 but not more than 60,000 1,700
60,001 but not more than 66,000 1,980
66,001 but not more than 74,000 2,260
Over 74,000 2,350
(III) (A) For each vehicle registered under this subsection (5) that has an
empty weight exceeding sixteen thousand pounds and that is operated less than ten thousand miles in all jurisdictions during each year, such registration fee shall be based upon the declared gross vehicle weight of the vehicle registered, according to the following schedule:
Declared Gross Vehicle
Weight (Pounds)Registration Fee
16,001 but not more than 20,000$ 330
20,001 but not more than 24,000 360
24,001 but not more than 30,000 380
30,001 but not more than 36,000 440
36,001 but not more than 42,000 500
42,001 but not more than 48,000 580
48,001 but not more than 54,000 600
54,001 but not more than 60,000 640
60,001 but not more than 66,000 660
66,001 but not more than 74,000 690
Over 74,000 710
(B) If a vehicle qualifies for both a registration fee provided in this
subparagraph (III) and a registration fee provided in subparagraph (I) or (II) of this paragraph (b), the lesser registration fee shall apply.
(C) If a person replaces a registered vehicle with another vehicle, the
mileage history of the vehicle being replaced may be used to qualify the new vehicle for the fees assessed under this subparagraph (III).
(D) If a person purchases an established business that is located in this state
and the purchase of the business includes the purchase of vehicles, the mileage history of a vehicle so purchased may be used to qualify for the fees assessed under this subparagraph (III) if the business operations remain the same after the purchase and if, during the twelve-month period immediately preceding the date of purchase, the vehicle has been registered in Colorado and has been in operation in the business. A person purchasing a business shall present a copy of the current vehicle registration of the previous owner for each vehicle to be registered pursuant to this sub-subparagraph (D).
(E) If a truck or truck tractor having an empty weight exceeding sixteen
thousand pounds is purchased by a person owning one or more other such vehicles and the other such vehicles owned by the purchaser all qualify for the fees assessed under this subparagraph (III), the purchased truck or truck tractor also qualifies for the fees assessed under this subparagraph (III). A person seeking to register a truck or truck tractor pursuant to this sub-subparagraph (E) shall present a copy of the current vehicle registration for each of the other trucks and truck tractors with empty weights exceeding sixteen thousand pounds that are owned by such person.
(c) For each vehicle registered under this subsection (5) that is exempt from
the registration fees assessed under paragraph (b) of this subsection (5) under paragraph (d), (f), (g), or (h) of subsection (9) of this section and that weighs more than sixteen thousand pounds empty weight, the registration fee shall be one hundred seventy-five dollars plus one dollar and fifteen cents for each one hundred pounds, or fraction thereof, in excess of sixteen thousand pounds.
(d) For each vehicle registered under this subsection (5) that is exempt from
the registration fees assessed under paragraph (b) of this subsection (5) pursuant to paragraph (d), (f), or (g) of subsection (9) of this section and that weighs more than sixteen thousand pounds empty weight, the registration fee shall be two hundred thirty-three dollars plus one dollar and fifty cents for each one hundred pounds, or fraction thereof, in excess of sixteen thousand pounds.
(e) Each vehicle registered under this subsection (5) having an empty weight
not in excess of sixteen thousand pounds that is operated in combination with a trailer or semitrailer, which is commonly referred to as a tractor-trailer, shall be assessed according to paragraph (b) of this subsection (5).
(6) In lieu of the payment of registration fees specified in subsections (3) and
(5) of this section, the owner of a truck, truck tractor, trailer, or semitrailer operating in interstate commerce may apply to the department for a special unladen weight registration. The registration shall be valid for a period of thirty days from issuance and shall authorize the operation of the vehicle only when empty. The fee for registration of a truck or truck tractor shall be five dollars. The fee for registration of a trailer or semitrailer shall be three dollars. The moneys from the fees shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (5.5)(c), C.R.S.
(7) In lieu of the payment of registration fees specified in subsections (3) and
(5) of this section, the owner of a truck or truck tractor operating in interstate commerce shall apply to the department for a special laden weight registration. The registration shall be valid for seventy-two hours after issuance and shall authorize the operation of the vehicle when loaded. The moneys collected by the department from the fees shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund for allocation and expenditure as specified in section 43-4-205 (5.5)(c), C.R.S. The fee for the special registration of a truck or a truck tractor shall be based on the actual gross vehicle weight of the vehicle and its cargo, computed to the nearest pound, according to the following schedule:
Declared Gross Vehicle
Weight (Pounds)Registration Fee
10,001 but not more than 30,000$ 60
30,001 but not more than 60,000 70
Over 60,000 80
(8) (a) The owner or operator of a motor vehicle that is exempt from the
registration fees assessed under paragraph (b) or (c) of subsection (9) of this section may apply to the department for a temporary commercial registration permit for such motor vehicle. Such temporary commercial registration permit shall authorize the operation of such motor vehicle in commerce so long as the motor vehicle is operated solely in agricultural harvest operations within Colorado.
(b) A temporary commercial registration permit issued pursuant to this
subsection (8) shall be valid for a period not to exceed sixty days. A maximum of two such temporary commercial registration permits may be issued for a motor vehicle in a twelve-month period. The fee for issuance of a temporary commercial registration permit for a motor vehicle shall be based upon the configuration and number of axles of such motor vehicle according to the following schedule:
Configuration Registration Permit
Single unit (two axles) $ 80.00
Single unit (three or more axles) 120.00
Combination unit (any number of axles) 200.00
(c) The moneys collected by the department from the fees for temporary
commercial registration permits shall be transmitted to the state treasurer, who shall credit the same to the highway users tax fund.
(d) This subsection (8) shall not be interpreted to affect the authority of a
dealer in motor vehicles to use a dealer plate obtained under section 42-3-116 to demonstrate a truck or truck tractor by allowing a prospective buyer to operate such truck or truck tractor when loaded.
(9) The registration fees imposed by paragraph (b) of subsection (5) of this
section shall not apply:
(a) To a motor vehicle operated by a manufacturer, dealer, or transporter
issued plates pursuant to section 42-3-304 (6) and (7);
(b) To a farm truck or truck tractor registered under subsection (4) of this
section;
(c) To a farm tractor or to a farm tractor and trailer or wagon combination;
(d) To a vehicle specially constructed for towing, wrecking, and repairing
that is not otherwise used for transporting cargo;
(e) To a vehicle owned by the state or any political or governmental
subdivision thereof;
(f) To an operator-owned vehicle transporting racehorses to and from the
stud or to and from a racing meet in Colorado;
(g) To a veterinary mobile truck unit;
(h) To a mobile mixing concrete truck or trash compacting truck or to trucks
designated by the executive director of the department as special use trucks;
(i) To a noncommercial or recreational vehicle registered under subsection
(13) of this section.
(10) The owner or operator of a truck, truck tractor, trailer, or semitrailer
operating over the public highways of this state and rendering service pursuant to a temporary certificate of public convenience and necessity issued by the public utilities commission shall pay for the issuance or renewal of such temporary certificate a fee of ten dollars.
(11) (a) The owner or operator of a passenger bus operating over the public
highways of this state and rendering service pursuant to a temporary certificate of public convenience and necessity issued by the public utilities commission shall pay for the issuance or renewal of such temporary certificate a fee of ten dollars, which fee shall be in lieu of the tax assessed under this subsection (11), shall be credited to the highway users tax fund created in section 43-4-201, C.R.S., as required by section 43-4-203 (1)(c), C.R.S., and shall be allocated and expended as specified in section 43-4-205 (5.5)(d), C.R.S.
(b) The owner or operator of a passenger bus that is registered in another
state and that is used to make an occasional trip into this state need not obtain a permit from the public utilities commission as provided in article 10.1 of title 40, C.R.S., but may instead apply to the department for the issuance of a trip permit and shall pay to the department for the issuance of such trip permit a fee of twenty-five dollars or the amount of passenger-mile tax becoming due and payable under paragraph (a) of this subsection (11) by reason of such trip, whichever amount is greater. The fee or passenger-mile tax shall be credited to the highway users tax fund created in section 43-4-201, C.R.S., as required by section 43-4-203 (1)(c), C.R.S., and allocated and expended as specified in section 43-4-205 (5.5)(d), C.R.S.
(12) (a) In lieu of registration under section 42-3-304 (14), the owner or
operator of special mobile machinery that the owner or operator desires to operate over the public highways of this state may elect to pay an annual fee computed at the rate of two dollars and fifty cents per ton of vehicle weight for operation not to exceed a distance of two thousand five hundred miles in any registration period.
(b) In lieu of registration under section 42-3-304 (14), a public utility, as
defined by section 40-1-103, C.R.S., owning or operating a utility truck having an empty weight in excess of ten thousand pounds that it desires to operate over the public highways of this state may elect to pay an annual registration fee for such a vehicle computed at the rate of ten dollars per ton of vehicle weight.
(13) The annual registration fee for a noncommercial or recreational vehicle,
except a motor home, operated on the public highways of this state with an empty weight of six thousand pounds or less is computed according to the schedule provided in subsection (5) of this section, and, for a noncommercial or recreational vehicle exceeding six thousand pounds, the fee is twenty-four dollars and fifty cents plus sixty cents for each one hundred pounds in excess of four thousand five hundred pounds.
(14) (a) In addition to any other fee required by this section, on and after July
1, 2011, each authorized agent shall collect a fee of:
(I) Fifty cents per paid registration of any motor vehicle that is not exempt
from the motor insurance identification fee pursuant to section 42-3-304 (1)(b); or
(II) Ten cents per paid registration of any motor vehicle that is exempt from
the motor insurance identification fee pursuant to section 42-3-304 (1)(b).
(b) (I) Repealed.
(II) (A) The fee required by subsection (14)(a) of this section is required for
every registration of a motor vehicle that is designed primarily to be operated or drawn on any highway in the state and is required in addition to the annual registration fee for the vehicle; except that the fee does not apply to a vehicle that is exempt from payment of the registration fees imposed by this article 3. The department shall credit the fee to the Colorado DRIVES vehicle services account in the highway users tax fund created in section 42-1-211 (2).
(B) Repealed.
Source: L. 2005: (6), (7), (11)(a), and (11)(b) amended, p. 147, � 22, effective
April 5; entire article amended with relocations, p. 1155, � 2, effective August 8. L. 2009: (2)(a) amended, (HB 09-1026), ch. 281, p. 1269, � 32, effective October 1. L. 2010: (1) amended, (SB 10-212), ch. 412, p. 2037, � 13, effective July 1; (12)(a) amended, (HB 10-1172), ch. 320, p. 1492, � 13, effective October 1. L. 2011: (14) added, (HB 11-1182), ch. 124, p. 387, � 2, effective April 22; (4)(e) added, (HB 11-1004), ch. 136, p. 475, � 3, effective August 10; IP(5) amended, (SB 11-031), ch. 86, p. 246, � 10, effective August 10; (11)(b) amended, (HB 11-1198), ch. 127, p. 425, � 25, effective August 10. L. 2017: (14)(b) amended, (HB 17-1107), ch. 101, p. 371, � 18, effective August 9. L. 2018: (14)(b)(I)(B) and (14)(b)(II)(B) amended, (SB 18-253), ch. 293, p. 1799, � 4, effective May 29. L. 2022: IP(2) and (2)(a) amended, (HB 22-1043), ch. 361, p. 2583, � 11, effective January 1, 2023; IP(2), IP(2)(b)(II), and (2)(b)(III) amended and (2)(b)(V), (2)(b)(VI), and (2)(b)(VII) added, (HB 22-1254), ch. 428, p. 3028, � 4, effective January 1, 2023; (13) amended, (HB 22-1388), ch. 475, p. 3463, � 8, effective January 1, 2023.
Editor's note: (1) This section is similar to former � 42-3-134.5 as it existed
prior to 2005.
(2) Subsections (6), (7), (11)(a), and (11)(b) were originally numbered as � 42-3-134.5 (14), (15), (21)(b), and (21)(c), respectively, and the amendments to them in
Senate Bill 05-041 were harmonized with � 42-3-306 (6), (7), (11)(a), and (11)(b) as they appear in House Bill 05-1107.
(3) Subsection (14)(b)(I)(B) provided for the repeal of subsection (14)(b),
effective July 1, 2019. (See L. 2018, p. 1799.) However, because subsection (14)(b)(II) takes effect July 1, 2019, only subsection (14)(b)(I) is shown as repealed.
(4) Subsection (14)(b)(II)(B) provided for the repeal of subsection (14)(b)(II)(B),
effective July 1, 2020. (See L. 2018, p. 1799.)
(5) Amendments to subsection IP(2) by HB 22-1043 and HB 22-1254 were
harmonized.
Cross references: (1) For the legislative declaration in the 2011 act adding
subsection (4)(e), see section 1 of chapter 136, Session Laws of Colorado 2011.
(2) For the short title (the Colorado Registration Fairness Act) in HB 22-1254, see section 1 of chapter 428, Session Laws of Colorado 2022.
C.R.S. § 42-4-1407
42-4-1407. Spilling loads on highways prohibited - prevention of spilling of aggregate, trash, or recyclables. (1) No vehicle shall be driven or moved on any highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from blowing, dropping, sifting, leaking, or otherwise escaping therefrom; except that material may be dropped for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
(2) (Deleted by amendment, L. 99, p. 295, � 1, effective July 1, 1999.)
(2.4) (a) A vehicle shall not be driven or moved on a highway if the vehicle is
transporting trash or recyclables unless at least one of the following conditions is met:
(I) The load is covered by a tarp or other cover in a manner that prevents the
load from blowing, dropping, shifting, leaking, or otherwise escaping from the vehicle;
(II) The vehicle utilizes other technology that prevents the load from blowing,
dropping, shifting, leaking, or otherwise escaping from the vehicle;
(III) The load is required to be secured under and complies with 49 CFR parts
392 and 393; or
(IV) The vehicle is loaded in such a manner or the load itself has physical
characteristics such that the contents will not escape from the vehicle. Such a load may include, but is not limited to, heavy scrap metal or hydraulically compressed scrap recyclables.
(b) Paragraph (a) of this subsection (2.4) shall not apply to a motor vehicle in
the process of collecting trash or recyclables within a one-mile radius of the motor vehicle's last collection point.
(2.5) (a) No vehicle shall be driven or moved on any highway for a distance of
more than two miles if the vehicle is transporting aggregate material with a diameter of one inch or less unless:
(I) The load is covered by a tarp or other cover in a manner that prevents the
aggregate material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle; or
(II) The vehicle utilizes other technology that prevents the aggregate
material from blowing, dropping, sifting, leaking, or otherwise escaping from the vehicle.
(b) Nothing in this subsection (2.5) shall apply to a vehicle:
(I) Operating entirely within a marked construction zone;
(II) Involved in maintenance of public roads during snow or ice removal
operations; or
(III) Involved in emergency operations when requested by a law enforcement
agency or an emergency response authority designated in or pursuant to section 29-22-102, C.R.S.
(2.7) For the purposes of this section:
(a) Aggregate material means any rock, clay, silts, gravel, limestone,
dimension stone, marble, and shale; except that aggregate material does not include hot asphalt, including asphalt patching material, wet concrete, or other materials not susceptible to blowing.
(b) Recyclables means material or objects that can be reused, reprocessed,
remanufactured, reclaimed, or recycled.
(c) Trash means material or objects that have been or are in the process of
being discarded or transported.
(3) (a) Except as otherwise provided in paragraph (b) or (c) of this subsection
(3), any person who violates any provision of this section commits a class B traffic infraction.
(b) Any person who violates any provision of this section while driving or
moving a car or pickup truck without causing bodily injury to another person commits a class A traffic infraction.
(c) Any person who violates any provision of this section while driving or
moving a car or pickup truck and thereby proximately causes bodily injury to another person commits a class 2 misdemeanor traffic offense.
Source: L. 94: Entire title amended with relocations, p. 2393, � 1, effective
January 1, 1995. L. 98: Entire section amended, p. 1101, � 22, effective June 1; entire section amended, p. 4252, � 2, effective June 4. L. 99: Entire section amended, p. 295, � 1, effective July 1. L. 2004: (3) amended, p. 241, � 1, effective July 1; (2.4) added and (2.7) amended, p. 412, � 1, effective August 4. L. 2005: (2.4)(a) amended, p. 104, � 1, effective April 5.
Editor's note: (1) This section is similar to former � 42-4-1208 as it existed
prior to 1994, and the former � 42-4-1407 was relocated to � 42-4-1607.
(2) Subsection (2.5) was originally numbered as (2) in House Bill 98-1001, but
has been renumbered on revision for ease of location.
Cross references: For the legislative declaration contained in the 1998 act
amending this section, see section 1 of chapter 312, Session Laws of Colorado 1998.
C.R.S. § 42-4-2001
42-4-2001. Maximum hours of service - ready-mix concrete truck operators. (1) Any person who operates a commercial motor vehicle solely in intrastate commerce for the purpose of transporting wet, ready-mix concrete need not comply with 49 CFR 395.3 (b). No such person shall drive for any period after:
(a) Having been on duty seventy hours in any seven consecutive days if the
employing motor carrier does not operate every day in the week; or
(b) Having been on duty eighty hours in any period of eight consecutive days
if the employing motor carrier operates motor vehicles every day of the week.
(2) Within a seven-day workweek all hours of service after sixty hours are
voluntary starting the next scheduled workday.
(3) Twenty-four consecutive hours off duty shall constitute the end of any
seven or eight consecutive-day period.
(4) Any commercial motor vehicle that transports hazardous materials shall
be exempt from this section and shall be subject to the federal hours-of-service limitations in 49 CFR 395 and 350.
Source: L. 97: Entire part added, p. 311, � 1, effective April 8; entire section
amended, p. 1034, � 72, effective August 6.
PART 21
VEHICLES ABANDONED ON PRIVATE PROPERTY
Editor's note: This part 21 was added with relocations in 2002. Former C.R.S.
section numbers are shown in editor's notes following those sections that were relocated.
Cross references: For provisions concerning vehicles abandoned on public
property, see part 18 of this article.
C.R.S. § 42-4-223
42-4-223. Brakes - penalty. (1) Brake equipment required:
(a) Every motor vehicle, other than a motorcycle or autocycle, when operated
upon a highway shall be equipped with brakes adequate to control the movement of and to stop and hold the vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels. If these two separate means of applying the brakes are connected in any way, they shall be constructed so that failure of any one part of the operating mechanism does not leave the motor vehicle without brakes on at least two wheels.
(b) Every motorcycle, autocycle, and low-power scooter, when operated
upon a highway, shall be equipped with at least one brake, which may be operated by hand or foot.
(c) Every trailer or semitrailer of a gross weight of three thousand pounds or
more, when operated upon a highway, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle and so designed as to be applied by the driver of the towing motor vehicle from the cab, and said brakes shall be so designed and connected that in case of an accidental breakaway of the towed vehicle the brakes shall be automatically applied. The provisions of this paragraph (c) shall not be applicable to any trailer which does not meet the definition of commercial vehicle as that term is defined in section 42-4-235 (1)(a) and which is owned by a farmer when transporting agricultural products produced on the owner's farm or supplies back to the farm of the owner of the trailer, tank trailers not exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping within the distance specified in subsection (2) of this section.
(d) Every motor vehicle, trailer, or semitrailer constructed or sold in this state
or operated upon the highways shall be equipped with service brakes upon all wheels of every such vehicle; except that:
(I) Any trailer or semitrailer of less than three thousand pounds gross weight,
or any horse trailer of a capacity of two horses or less, or any trailer which does not meet the definition of commercial vehicle as that term is defined in section 42-4-235 (1)(a) and which is owned by a farmer when transporting agricultural products produced on the owner's farm or supplies back to the farm of the owner of the trailer, or tank trailers not exceeding ten thousand pounds gross weight used solely for transporting liquid fertilizer or gaseous fertilizer under pressure, or distributor trailers not exceeding ten thousand pounds gross weight used solely for transporting and distributing dry fertilizer when hauled by a truck capable of stopping with loaded trailer attached in the distance specified by subsection (2) of this section need not be equipped with brakes, and any two-wheel motor vehicle need have brakes on only one wheel.
(II) Any truck or truck tractor, manufactured before July 25, 1980, and having
three or more axles, need not have brakes on the wheels of the front or tandem steering axles if the brakes on the other wheels meet the performance requirements of subsection (2) of this section.
(III) Every trailer or semitrailer of three thousand pounds or more gross
weight must have brakes on all wheels.
(e) Provisions of this subsection (1) shall not apply to manufactured homes.
(2) Performance ability of brakes:
(a) The service brakes upon any motor vehicle or combination of vehicles
shall be adequate to stop such vehicle when traveling twenty miles per hour within a distance of forty feet when upon dry asphalt or concrete pavement surface free from loose material where the grade does not exceed one percent.
(b) Under the conditions stated in paragraph (a) of this subsection (2), the
hand brakes shall be adequate to stop such vehicle within a distance of fifty-five feet, and said hand brake shall be adequate to hold such vehicle stationary on any grade upon which operated.
(c) Under the conditions stated in paragraph (a) of this subsection (2), the
service brakes upon a motor vehicle equipped with two-wheel brakes only, when permitted under this section, shall be adequate to stop the vehicle within a distance of fifty-five feet.
(d) All braking distances specified in this section shall apply to all vehicles
mentioned, whether such vehicles are not loaded or are loaded to the maximum capacity permitted under this title.
(e) All brakes shall be maintained in good working order and shall be so
adjusted as to operate as equally as possible with respect to the wheels on opposite sides of the vehicle.
(2.5) The department of public safety is specifically authorized to adopt
rules relating to the use of surge brakes.
(3) Any person who violates any provision of this section commits a class A
traffic infraction.
Source: L. 94: Entire title amended with relocations, p. 2258, � 1, effective
January 1, 1995. L. 96: (2.5) added, p. 629, � 2, effective January 1, 1997. L. 2009: (1)(b) amended, (HB 09-1026), ch. 281, p. 1276, � 46, effective October 1. L. 2022: (1)(a) and (1)(b) amended, (HB 22-1043), ch. 361, p. 2585, � 17, effective January 1, 2023.
Cross references: For the penalty for a class A traffic infraction generally,
see � 42-4-1701 (3)(a)(I); for the penalty and surcharge for equipment violations of this section, see � 42-4-1701 (4)(a)(I)(D).
C.R.S. § 6-6-103
6-6-103. Collections prohibited - penalty - definition. (1) No sender of any unsolicited goods shall mail or otherwise send to any recipient of such unsolicited goods a bill for such unsolicited goods or any dunning communications.
(2) (a) The sender of a magazine or other periodical shall cancel a
subscription if any invoice is returned by the recipient marked cancel. Cancellation shall also occur when the recipient gives written notice of cancellation to the sender at the sender's address or at the address of the subscription department printed in the periodical, or, if no such department is listed, at the general business address of the periodical.
(b) Notice of cancellation may be given by regular mail, and is effective on
the date received by the sender. Notice of cancellation need not take any particular form and is sufficient if it indicates by any form of written expression that the recipient wishes to terminate the subscription. Within sixty days after notice of cancellation for prepaid subscriptions, the sender shall refund to the recipient any amount paid for the subscription less the amount owed by the recipient for any periodicals, together with the postage thereon, if postage has been charged separately, received before the effective date of the notice of cancellation.
(c) For purposes of this subsection (2), sender means the publisher of a
periodical, any person acting as the agent of such publisher, and any person purporting to act as the agent of such publisher, and a seller of the periodical.
(3) Violation of this section constitutes a petty offense. Violation of this
section also constitutes a deceptive trade practice in violation of the Colorado Consumer Protection Act, article 1 of this title 6, and is subject to remedies or penalties, or both, pursuant thereto.
Source: L. 75: Entire article added, p. 262, � 1, effective July 14. L. 76: Entire
section amended, p. 297, � 11, effective May 20. L. 93: Entire section amended, p. 1574, � 7, effective July 1. L. 95: Entire section amended, p. 387, � 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3135, � 61, effective March 1, 2022.
Cross references: For the penalty for a petty offense, see � 18-1.3-503.
ARTICLE 6.5
Soil and Hazard Analyses of Residential Construction
6-6.5-101. Disclosure to purchaser - penalty. (1) At least fourteen days prior
to closing the sale of any new residence for human habitation, every developer or builder or their representatives shall provide the purchaser with a copy of a summary report of the analysis and the site recommendations. For sites in which significant potential for expansive soils is recognized, the builder or his representative shall supply each buyer with a copy of a publication detailing the problems associated with such soils, the building methods to address these problems during construction, and suggestions for care and maintenance to address such problems.
(2) In addition to any other liability or penalty, any builder or developer
failing to provide the report or publication required by subsection (1) of this section shall be subject to a civil penalty of five hundred dollars payable to the purchaser.
(3) The requirements of this section shall not apply to any individual
constructing a residential structure for his own residence.
Source: L. 84: Entire article added, p. 294, � 1, effective July 1.
ENERGY AND WATER CONSERVATION
ARTICLE 7
Residential Building Energy Conservation
6-7-101 to 6-7-106. (Repealed)
Source: L. 2022: Entire article repealed, (HB 22-1362), ch. 301, p. 2188, � 9,
effective June 2.
Editor's note: (1) This article 7 was added in 1977. For amendments to this
article 7 prior to its repeal in 2022, consult the 2021 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Section 6-7-104 was amended in SB 22-212. Those amendments were
superseded by the repeal of this article 7 in HB 22-1362.
ARTICLE 7.5
Water and Energy Efficiency Standards
Editor's note: This article 7.5 was added in 2014 and was not amended prior
to 2019. It was repealed and reenacted in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 7.5 prior to 2019, consult the 2018 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
6-7.5-101. Legislative declaration. (1) The general assembly finds and
determines that efficiency standards for certain products sold in Colorado:
(a) Assure consumers and businesses that such products meet minimum
efficiency performance levels, thus reducing energy and water waste and saving consumers and businesses money on utility bills;
(b) Protect consumers and businesses against manufacturers who would
otherwise sell, in Colorado, less efficient appliances that they cannot sell in states that have higher standards;
(c) Save energy and thus reduce pollution and other environmental impacts
associated with the production, distribution, and use of electricity, natural gas, and other fuels;
(d) Improve electric system reliability and potentially reduce the need for
new energy and water infrastructure based on the resulting energy and water savings;
(e) Apply to products available at a price equal to or less than noncompliant
products, or available at a minimal cost premium;
(f) Have saved Coloradans billions of gallons of water since 2014, when
WaterSense standards were enacted for plumbing fixtures, without sacrificing quality or product performance; and
(g) Contribute to the economy of this state by helping to better balance
supply and demand for both energy and water, thus reducing the upward pressure on prices for electricity, natural gas, and water caused by increased demand. In addition, efficiency standards allow consumers and businesses to use the money they save on utility bills to purchase local goods and services.
(2) Therefore, the general assembly declares that the adoption of energy
and water efficiency standards in accordance with this article 7.5 is a matter of state and local concern and serves the public interest of the people of Colorado.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3270, � 1,
effective August 2.
6-7.5-102. Definitions. As used in this article 7.5, unless the context
otherwise requires and except as determined by rule pursuant to section 6-7.5-106 (1):
(1) Air purifier or room air cleaner means an electric, cord-connected,
portable appliance that has the primary function of removing particulate matter from the air.
(2) AHRI 1430 means the Air-conditioning, Heating, and Refrigeration
Institute standard for demand flexible electric storage water heaters.
(3) ANSI means the American National Standards Institute or its successor
organization.
(4) ANSI/APSP/ICC-14 means the ANSI standard for portable electric spa
energy efficiency.
(5) ANSI C78.81 means the ANSI standard for Electric Lamps - Double-Capped Fluorescent Lamps - Dimensional and Electrical Characteristics.
(6) ANSI C78.901 means the ANSI standard for Electric Lamps - Single-Based Fluorescent Lamps - Dimensional and Electrical Characteristics.
(7) ANSI C79.1 means the ANSI standard for Electric Lamps -
Nomenclature for Glass Bulbs Intended for Use with Electric Lamps.
(8) APSP means the Association of Pool and Spa Professionals or its
successor organization.
(9) CCR means the California code of regulations, as amended.
(10) Check valve means a component that is internal to a spray sprinkler
body and prevents system drainage during periods of nonoperation.
(11) Cold-temperature fluorescent lamp means a fluorescent lamp that:
(a) Is not a compact fluorescent lamp;
(b) Is specifically designed to start at a temperature of twenty degrees
below zero Fahrenheit when used with a ballast conforming to the requirements of ANSI C78.81 and ANSI C78.901; and
(c) Is expressly designated as a cold-temperature lamp both in markings on
the lamp and in marketing materials such as catalogs, sales literature, and promotional material.
(12) Commercial dishwasher means a machine designed to clean and
sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution, with or without blasting media granules, and a sanitizing rinse.
(13) Commercial fryer means an appliance, including a cooking vessel, in
which:
(a) Oil is placed to such a depth that the food to be cooked is essentially
supported by displacement of the cooking fluid rather than by the bottom of the vessel; and
(b) Heat is delivered to the cooking fluid by means of either:
(I) An immersed electric element or band-wrapped vessel; or
(II) Heat transfer from gas burners through either the walls of the vessel or
tubes passing through the cooking fluid.
(14) Commercial hot food holding cabinet means a heated, fully enclosed
compartment with one or more solid or transparent doors designed to maintain the temperature of hot food that has been cooked using a separate appliance. Commercial hot food holding cabinet does not include heated glass merchandising cabinets, drawer warmers, or cook and hold appliances.
(15) Commercial oven means a chamber designed for heating, roasting, or
baking food by conduction, convection, radiation, or electromagnetic energy.
(16) Commercial steam cooker means a device with one or more food-steaming compartments in which thermal energy is transferred from the steam to
the food by direct contact. Commercial steam cooker includes countertop models, wall-mounted models, and floor models mounted on a stand, pedestal, or cabinet-style base.
(17) Compact fluorescent lamp means a fluorescent lamp that includes:
(a) A tube that is curved or folded to fit the size of a traditional household
light bulb; and
(b) A compact electronic ballast in the base of the lamp.
(18) Compensation means money or any other thing of value, regardless of
form, received or to be received by a person for goods or services rendered.
(19) Computer and computer monitor have the meanings set forth in 20
CCR sec. 1602 (v).
(20) CTA means the Consumer Technology Association, or a successor
organization.
(21) Decorative gas fireplace means a vented fireplace, including a unit
that is freestanding, recessed, or zero clearance, or a gas fireplace insert that is:
(a) Fueled by natural gas or propane;
(b) Marked or intended for decorative use only; and
(c) Not equipped with a thermostat or intended for use as a heater.
(22) Electric storage water heater means a consumer product that:
(a) Uses electricity to heat domestic potable water;
(b) Has a nameplate input rating of twelve kilowatts or less;
(c) Has a rated hot water storage capacity between forty and one hundred
twenty gallons; and
(d) Delivers hot water at a maximum temperature of less than one hundred
eighty degrees Fahrenheit.
(23) (a) Electric vehicle supply equipment means conductors, including
ungrounded, grounded, and equipment-grounding conductors; electric vehicle connectors; attachment plugs; and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy from the wiring of a premises to an electric vehicle.
(b) Electric vehicle supply equipment does not include a conductor,
connector, or fitting that is part of a vehicle.
(24) Energy Star program means the federal program authorized by 42
U.S.C. sec. 6294a, as amended.
(25) Executive director means the executive director of the department of
public health and environment or the executive director's designee.
(26) Faucet means:
(a) A public or private lavatory faucet, residential kitchen faucet, or metering
faucet; or
(b) A replacement aerator for a public or private lavatory faucet or
residential kitchen faucet.
(27) Flushometer-valve water closet means a type of commercial toilet
that uses a valve for flushing by operation of a handle that discharges a definite quantity of water under pressure directly into the fixture.
(28) Gas fireplace means a decorative gas fireplace or a heating gas
fireplace.
(29) Gas log set means a fireplace product designed to be used and
installed in a working masonry or factory-built wood-burning fireplace and vented through a chimney by natural drafting or power venting.
(30) GPM means gallons per minute.
(31) Handheld showerhead means a showerhead that is connected to a
flexible hose and can be held or fixed in place for the purpose of spraying water on a bather.
(32) Heating gas fireplace means a vented fireplace, including a unit that is
freestanding, recessed, or zero clearance or a fireplace insert, that is:
(a) Fueled by natural gas or propane; and
(b) Not a decorative gas fireplace.
(33) High CRI fluorescent lamp means a fluorescent lamp with a color
rendering index of eighty-seven or greater that is not a compact fluorescent lamp.
(34) ICC means the International Code Council or its successor
organization.
(35) Impact-resistant fluorescent lamp means a fluorescent lamp that:
(a) Is not a compact fluorescent lamp;
(b) Has a coating or equivalent technology that is compliant with NSF/ANSI
51 and is designed to contain the glass if the glass envelope of the lamp is broken; and
(c) Is designated and marketed for the intended application, with:
(I) The designation appearing on the lamp packaging; and
(II) Marketing materials that identify the lamp as being impact-resistant,
shatter-resistant, shatterproof, or shatter-protected.
(36) Industrial air purifier means an indoor air cleaning device that is:
(a) Manufactured, advertised, marketed, labeled, and used solely for
industrial purposes;
(b) Marketed solely through industrial supply outlets or businesses; and
(c) Prominently labeled as Solely for industrial use. Potential health hazard:
emits ozone.
(37) Inline residential ventilating fan means a ventilating fan that is located
within the structure of a building and requires ductwork on both the inlet and the outlet.
(38) Irrigation controller means a standalone controller, an add-on device,
or a plug-in device that is used to operate an automatic irrigation system such as a lawn sprinkler or drip irrigation system designed and intended for nonagricultural purposes. Irrigation controller includes:
(a) A soil moisture-based irrigation controller that inhibits or allows an
irrigation event based on a reading from a soil moisture sensor mechanism; and
(b) A weather-based irrigation controller that uses current weather data as a
basis for scheduling irrigation.
(39) (a) Lamp means a device that emits light and is used to illuminate an
indoor or outdoor space.
(b) Lamp does not include a heat lamp.
(40) LED means light-emitting diode.
(41) Metering faucet means a self-closing faucet that dispenses a specific
volume of water for each actuation cycle and for which the volume or cycle duration may be fixed or adjustable.
(42) NSF means NSF International, formerly known as the National
Sanitation Foundation.
(43) NSF/ANSI 51 means the NSF/ANSI 51 standard for food equipment
materials.
(44) Plumbing fixture means an exchangeable device that connects to a
plumbing system to deliver water or drain water and waste.
(45) Portable air conditioner means a portable encased assembly, other
than a packaged terminal air conditioner, ductless portable air conditioner, room air conditioner, or dehumidifier, that:
(a) Delivers cooled, conditioned air to an enclosed space;
(b) Is powered by single-phase electric current;
(c) Includes a source of refrigeration;
(d) May be a single-duct or dual-duct portable air conditioner; and
(e) May include additional means for air circulation and heating.
(46) Portable electric spa means a factory-built electric spa or hot tub that
may include any combination of integral controls, water heating, and water circulating equipment.
(47) Pressure regulator means a device that maintains constant operating
pressure immediately downstream from a spray sprinkler body, given higher pressure upstream of the device.
(48) Private lavatory faucet means a bathroom faucet that, as installed, is
not in a location that is available to the public, including a lavatory faucet in a private residence.
(49) Programmable thermostat means a thermostat that:
(a) Controls a primary heating or cooling system on a daily schedule to
maintain different temperatures during certain times of day and days of the week; and
(b) Has the capability to maintain zone temperatures between fifty-five
degrees Fahrenheit and eighty-five degrees Fahrenheit.
(50) PSI means pounds per square inch.
(51) Public lavatory faucet means a fitting designed and marketed for
installation in a nonresidential bathroom, which bathroom is exposed to walk-in traffic.
(52) Replacement aerator means an aerator sold as a replacement,
separate from the faucet to which it is intended to be attached.
(53) Residential building means a structure that is used primarily for living
and sleeping and that is zoned as residential or otherwise subject to residential building codes. For the purposes of residential windows, doors, and skylights, residential building means a building that is three stories or less in height.
(54) Residential door means a sliding or swinging entry system that is
installed or designed for installation in a vertical wall separating conditioned and unconditioned space in a residential building.
(55) Residential kitchen faucet means a faucet in a kitchen of a residential
building.
(56) Residential skylight means a window that is designed for sloped or
horizontal application in the roof of a residential building, the primary purpose of which window is to provide daylight or ventilation. Residential skylight includes a tubular daylighting device.
(57) Residential ventilating fan means a ceiling-mounted, a wall-mounted,
or an inline residential fan that is designed to be used in a bathroom or a utility room for the purpose of moving air from inside a residential building to the outdoors.
(58) (a) Residential window means an assembled unit that:
(I) Consists of a frame that holds one or more pieces of glass or other glazing
material that admits light or air into an enclosure; and
(II) Is designed for installation at a slope of at least sixty degrees from
horizontal in an external wall of a residential building.
(b) Residential window includes a transom window but does not include a
residential skylight.
(59) Showerhead means a device through which water is discharged for a
shower bath. Showerhead includes a handheld showerhead but does not include an emergency showerhead such as a showerhead used in a laboratory or industrial setting.
(60) Showerhead tub spout diverter combination means a control valve,
tub spout diverter, and showerhead that are sold together as a matched set.
(61) Smart thermostat means a thermostat that:
(a) Is enabled for wireless connectivity;
(b) Allows the user to control home heating and cooling temperature
settings from a computer or from a phone, a tablet, or another computer-enabled device; and
(c) Can automatically adjust heating and cooling temperature settings based
on user preferences, daily schedules, weather conditions, occupancy, or optimal energy savings.
(62) Spray sprinkler body means the exterior case or shell of a sprinkler
designed and intended for nonagricultural uses, which case or shell:
(a) Incorporates a means of connection to the piping system; and
(b) Is designed to convey water to a nozzle or orifice.
(63) Tub spout diverter means a device that is designed to divert the flow
of water into a bathtub so the water discharges through a showerhead.
(64) Tubular daylighting device means a building component that receives
daylight in a rooftop dome and transfers the daylight indoors through a highly reflective tube.
(65) Urinal means a plumbing fixture that receives liquid body waste and
conveys the waste through a trap seal into a gravity drainage system.
(66) Water closet means a plumbing fixture that has a water-containing
receptor that receives liquid and solid body waste through an exposed integral trap and conveys the waste into a drainage system. Water closet includes both tank-type and flushometer-valve water closets.
(67) Water cooler means a freestanding device that consumes energy to
cool or heat, or both cool and heat, potable water. Water cooler includes:
(a) A cold-only unit that dispenses only cold water;
(b) A hot-and-cold unit that dispenses both hot and cold water and, in some
models, also room temperature water;
(c) A cook-and-cold unit that dispenses both room temperature and cold
water;
(d) A storage-type unit that instantaneously delivers water from a storage
tank within the unit, including point-of-use, dry storage compartment, and bottled water coolers; and
(e) An on-demand unit that heats water as it is requested, typically within a
few minutes.
(68) WaterSense-listed plumbing fixture means a plumbing fixture or
plumbing fixture fitting that has been:
(a) Tested by an accredited third-party certifying body or laboratory in
accordance with the federal environmental protection agency's WaterSense program or a successor program;
(b) Certified by the body or laboratory as meeting the performance and
efficiency requirements of the WaterSense program; and
(c) Authorized by the WaterSense program to use its label.
(69) WaterSense program means the federal program authorized by 42
U.S.C. sec. 6294b.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3271, � 1,
effective August 2. L. 2023: Entire section amended, (HB 23-1161), ch. 285, p. 1689, � 1, effective August 7.
Editor's note: This section is similar to former � 6-7.5-101 as it existed prior to
2019.
6-7.5-103. Low-efficiency plumbing fixtures. (Repealed)
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3277, � 1,
effective August 2. L. 2023: Entire section repealed, (HB 23-1161), ch. 285, p. 1700, � 2, effective August 7.
Editor's note: This section was similar to former � 6-7.5-102 as it existed prior
to 2019.
6-7.5-104. Scope and applicability. (1) Subject to subsection (2) of this
section and as further specified in section 6-7.5-105, this article 7.5 applies to the following products sold as new in Colorado:
(a) Repealed.
(a.3) Air purifiers;
(a.6) Cold-temperature fluorescent lamps;
(b) Commercial dishwashers;
(c) Commercial fryers;
(d) Commercial hot food holding cabinets;
(d.5) Commercial ovens;
(e) Commercial steam cookers;
(f) Computers and computer monitors;
(f.2) Electric storage water heaters;
(f.5) Electric vehicle supply equipment;
(g) Faucets;
(h) Repealed.
(i) Gas fireplaces;
(j) High CRI fluorescent lamps;
(j.5) Impact-resistant fluorescent lamps;
(j.7) Irrigation controllers;
(k) Portable air conditioners;
(l) Portable electric spas;
(l.4) Residential doors;
(l.6) Residential skylights;
(m) Residential ventilating fans;
(m.6) Residential windows;
(m.8) Showerheads;
(n) Spray sprinkler bodies;
(o) Thermostats;
(o.2) Tub spout diverters and showerhead tub spout diverter combinations;
(o.4) Urinals;
(o.6) Water closets;
(p) Water coolers; and
(q) Other products as may be designated by the executive director pursuant
to section 6-7.5-106.
(2) This article 7.5 does not apply to:
(a) Products installed in mobile manufactured homes at the time of
construction;
(b) Products designed expressly for installation and use in recreational
vehicles; or
(c) Products held in inventory on or before:
(I) The effective date of the applicable standard for each category of product
set forth in this article 7.5; or
(II) The effective date for each category of products, as determined by the
executive director by rule pursuant to section 6-7.5-106.
(3) This article 7.5 is not enforceable against an employee of a contractor
who installs, repairs, or replaces appliances and collects from the customer an amount representing both parts and labor.
(4) This article 7.5 does not preempt any action of a statutory or home rule
municipality, county, or city and county that prescribes additional or more restrictive water conservation or energy efficiency requirements affecting the sale or use of plumbing fixtures, appliances, or other products if the requirements comply with the standards specified in this article 7.5.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3277, � 1,
effective August 2. L. 2023: (1)(a) and (1)(h) repealed, (1)(a.3), (1)(a.6), (1)(d.5), (1)(f.2), (1)(f.5), (1)(j.5), (1)(j.7), (1)(l.4), (1)(l.6), (1)(m.6), (1)(m.8), (1)(o.2), (1)(o.4), (1)(o.6), (1)(q), and (4) added, and (1)(i), (1)(o), (1)(p), and (2)(c) amended, (HB 23-1161), ch. 285, p. 1700, � 3, effective August 7.
6-7.5-105. Standards - effective dates - repeal. (1) On and after August 7,
2023, a person shall not sell any of the following plumbing fixtures in Colorado unless they are WaterSense-listed plumbing fixtures:
(a) (I) A private lavatory faucet.
(II) This subsection (1)(a) is repealed, effective January 1, 2026.
(b) A public lavatory faucet;
(c) A showerhead;
(d) (I) A urinal.
(II) This subsection (1)(d) is repealed, effective January 1, 2026.
(e) A water closet.
(2) Repealed.
(3) On and after January 1, 2021, a person shall not sell, lease, or rent any of
the following new products in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a) Commercial dishwashers included in the scope of the Energy Star
program product specification for commercial dishwashers must meet the qualification criteria of that specification.
(b) Commercial fryers included in the scope of the Energy Star program
product specification for commercial fryers must meet the qualification criteria of that specification.
(c) (I) Commercial hot food holding cabinets must have a maximum idle
energy rate of forty watts per cubic foot of interior volume, as determined by the idle energy rate-dry test in ASTM standard F2140-11, Test Method for the Performance of Hot Food Holding Cabinets, published by ASTM International, formerly known as the American Society for Testing and Materials. Interior volume must be measured as prescribed in the Energy Star program product specification for commercial hot food holding cabinets, version 2.0.
(II) This subsection (3)(c) is repealed, effective January 1, 2026.
(d) Commercial steam cookers must meet the requirements of the Energy
Star program product specification for commercial steam cookers.
(e) Computers and computer monitors must meet the requirements of
section 1605.3 (v) of title 20 of the CCR, and compliance with those requirements must be as measured in accordance with test methods prescribed in section 1604 (v) of those regulations.
(f) Faucets, except for metering faucets, must meet the following standards
when tested in accordance with 10 CFR 430, subpart B, appendix S, and compliance with those standards must be established using the Uniform Test Method for Measuring the Water Consumption of Faucets and Showerheads, as in effect on January 3, 2017:
(I) Residential kitchen faucets and replacement aerators must not exceed a
maximum flow rate of 1.8 GPM at sixty PSI, with optional temporary flow of 2.2 GPM, provided they default to a maximum flow rate of 1.8 GPM at sixty PSI after each use.
(II) Public lavatory faucets and replacement aerators must not exceed a
maximum flow rate of 0.5 GPM at sixty PSI.
(g) Repealed.
(h) (I) High CRI fluorescent lamps must meet the minimum efficacy
requirements contained in 10 CFR 430.32 (n)(4) as in effect on January 3, 2017, as measured in accordance with 10 CFR 430, subpart B, appendix R, Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps, as in effect on January 3, 2017.
(II) This subsection (3)(h) is repealed, effective January 1, 2026.
(i) Portable electric spas must meet the requirements of ANSI/APSP/ICC-14.
(j) New residential ventilating fans must meet the fan motor efficacy
qualification criteria of the Energy Star program product specification for residential ventilating fans.
(k) (I) Spray sprinkler bodies that are not specifically excluded from the
scope of the WaterSense program product specification for spray sprinkler bodies, version 1.0, must include an integral pressure regulator and must meet the water efficiency and performance criteria and other requirements of that specification.
(II) This subsection (3)(k) is repealed, effective January 1, 2026.
(l) Repealed.
(m) Water coolers included in the scope of the Energy Star program product
specification for water coolers must have an on mode with no-water-draw energy consumption less than or equal to the following values as measured in accordance with the test requirements of that program:
(I) 0.16 kilowatt-hours per day for cold-only units and cook and cold units;
(II) 0.87 kilowatt-hours per day for storage-type hot and cold units; and
(III) 0.18 kilowatt-hours per day for on-demand hot and cold units.
(4) On or after February 1, 2022, the following new products shall not be
sold, leased, or rented in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a) Repealed.
(b) New portable air conditioners must have a combined energy efficiency
ratio (CEER), as measured in accordance with 10 CFR 430, subpart B, appendix CC, Uniform Test Method for Measuring the Energy Consumption of Portable Air Conditioners, as in effect on January 3, 2017, that is greater than or equal to:
1.04 x SACC / (3.7117 x SACC0.6384)
where SACC is the seasonally adjusted cooling capacity in British thermal units per hour.
(5) On and after January 1, 2026, a person shall not sell, offer to sell, lease, or
offer to lease any of the following new products in Colorado unless the efficiency of the new product meets or exceeds the following efficiency standards, as applicable:
(a) Air purifiers, except industrial air purifiers, must meet the certification
requirements of the Energy Star program product specification for room air cleaners.
(b) Commercial hot food holding cabinets must meet the qualification
criteria of the Energy Star program product specification for commercial hot food holding cabinets.
(c) Commercial ovens included in the scope of the Energy Star program
product specification for commercial ovens must meet the qualification criteria of that specification.
(d) Electric storage water heaters must have a modular demand response
communications port compliant with AHRI 1430.
(e) Electric vehicle supply equipment included in the scope of the Energy
Star program product specification for electric vehicle supply equipment must meet the certification criteria of that specification.
(f) Gas fireplaces must comply with the following requirements:
(I) Gas fireplaces must be capable of automatically extinguishing any pilot
flame when the main gas burner flame is extinguished or must prevent any ignition source for the main gas burner flame from operating continuously for more than seven days from the last use of the main gas burner;
(II) Decorative gas fireplaces must have a direct vent or power vent
configuration, unless the decorative gas fireplace is marked for replacement use only or outdoor use only or is a gas log set; and
(III) Heating gas fireplaces must have a fireplace efficiency of at least fifty
percent when tested in accordance with Canadian Standards Association P.4.1-15, Testing method for measuring fireplace efficiency, as amended or revised.
(g) High CRI, cold-temperature, and impact-resistant fluorescent lamps
must meet the minimum efficacy requirements contained in 10 CFR 430.32 (n)(4), as measured in accordance with 10 CFR 430, subpart B, appendix R, Uniform Test Method for Measuring Average Lamp Efficacy (LE), Color Rendering Index (CRI), and Correlated Color Temperature (CCT) of Electric Lamps.
(h) Irrigation controllers must comply with the following requirements:
(I) Weather-based irrigation controllers included within the scope of the
WaterSense program product specification for weather-based irrigation controllers must meet the water efficiency and performance criteria and other requirements for that specification; and
(II) Soil moisture-based irrigation controllers included within the scope of the
WaterSense program product specification for soil moisture-based irrigation controllers must meet the water efficiency and performance criteria and other requirements for that specification.
(i) Private lavatory faucets, tub spout diverters, showerhead tub spout
diverter combinations, and urinals must meet the requirements in 20 CCR sec. 1605.3, as measured in accordance with the test methods prescribed in 20 CCR sec. 1604, as amended.
(j) (I) Except as otherwise provided in subsection (5)(j)(II) of this section,
residential windows, residential doors, and residential skylights included in the scope of the Energy Star program product specification for residential windows, doors, and skylights must satisfy the northern climate zone qualification criteria of that specification; except that residential windows and doors that are custom designed for a historically designated building and required in order to maintain the historic nature or character of such a building are not required to satisfy such criteria.
(II) The executive director may consult with the Colorado energy office to
evaluate the standard set forth in subsection (5)(j)(I) of this section for residential windows, residential doors, and residential skylights. If the executive director determines that the standard cannot reasonably be met by manufacturers of residential windows, residential doors, and residential skylights, then the executive director shall set an alternative standard that may be applied instead of the standard set forth in subsection (5)(j)(I) of this section and the executive director shall display the alternative standard on the public website of the Colorado department of public health and environment no later than June 1, 2025. When deciding whether the standard set forth in subsection (5)(j)(I) of this section can reasonably be met, the executive director shall take into account the following factors:
(A) Impacts on net consumer costs; and
(B) Supply chain constraints.
(k) Spray sprinkler bodies that are not specifically excluded from the scope
of the WaterSense program product specification for spray sprinkler bodies must include an integral pressure regulator and a check valve and must meet the water efficiency and performance criteria and other requirements of that specification.
(l) Thermostats must be programmable thermostats or smart thermostats.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3278, � 1,
effective August 2. L. 2023: (1), IP(3), (3)(a), (3)(b), (3)(c), (3)(d), (3)(h), (3)(i), (3)(j), (3)(k), and IP(3)(m) amended, (2), (3)(g), (3)(l), and (4)(a) repealed, and (5) added, (HB 23-1161), ch. 285, p. 1701, � 4, effective August 7. L. 2024: (5)(j) amended, (SB 24-214), ch. 191, p. 1091, � 4, effective May 17.
6-7.5-106. New and revised standards - rules. (1) The executive director
may adopt by rule a more recent version of any standard or test method established in section 6-7.5-105, including any product definition associated with the standard or test method, in order to maintain or improve consistency with other comparable standards in other states, so long as the resulting efficiency is equal to or greater than the efficiency achieved using the prior standard or test method. The executive director shall allow at least a one-year delay between the adoption by rule and the enforcement of any new standard or test method.
(2) On or before January 1, 2026, and on or before January 1 every five years
thereafter, the executive director shall promulgate rules establishing standards for products that are not described in section 6-7.5-104 or 6-7.5-105 if such standards:
(a) Would improve energy or water conservation in the state; and
(b) Exist in at least three other states or are published in finalized form by
the Energy Star program or the WaterSense program.
(3) After January 1, 2026, the executive director shall allow a one-year grace
period after any standard, standard version, definition, or test method referenced in this article 7.5 is updated, during which time a product may meet either the previous standard or the updated standard, standard version, definition, or test method, as applicable.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3281, � 1,
effective August 2. L. 2023: Entire section amended, (HB 23-1161), ch. 285, p. 1705, � 5, effective August 7.
6-7.5-107. Protection against repeal of federal standards. (1) If any of the
energy or water conservation standards issued or approved for publication by the office of the United States secretary of energy as of January 1, 2018, as set forth in 10 CFR 430-431 and promulgated pursuant to the Energy Policy and Conservation Act, Pub.L. 94-163, are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted for products previously subject to federal energy or water conservation standards must be the previously applicable federal standards, and no such new product may be sold or offered for sale, lease, or rental in Colorado unless it meets or exceeds such standards.
(2) This section does not apply to a federal energy or water conservation
standard set aside by a court upon the petition of a person that will be adversely affected by the standard, as provided in 42 U.S.C. sec. 6306 (b).
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3281, � 1,
effective August 2.
6-7.5-108. Utility programs during transition period. (1) Should one or more
products described in this article 7.5 be subject to withdrawal, repeal, or other actions that declare a federal standard invalid as described in section 6-7.5-107, the public utilities commission shall permit a three-year phaseout for a utility operating energy efficiency programs that create incentives for or otherwise encourage the use of high-efficiency versions of the affected products. This phaseout shall commence on or after the date specified in section 6-7.5-105; shall apply only to energy savings that will be mandated under this article 7.5; shall occur in equal reductions for each transition year; and must permit an orderly adjustment of the appliance or lighting market to ensure that residents and businesses in Colorado are not negatively affected by changes in product selection, business practices, and energy efficiency program opportunities related to the affected appliances or lighting products.
(2) For products listed in this article 7.5 that are not subject to withdrawal or
repeal, the public utilities commission shall allow at least a one-year transition for utility-sponsored energy efficiency programs starting on or after the date specified in section 6-7.5-105.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1,
effective August 2.
6-7.5-109. Testing, certification, labeling, and enforcement - rules -
verifications of compliance - publication of material incorporated by reference. (1) Unless a product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships, or a successor organization, or in a public database of compliant products maintained by other states or federal agencies with equivalent or more stringent efficiency standards, manufacturers of products covered by this article 7.5 shall demonstrate that the products comply with this article 7.5 by doing any one or more of the following:
(a) Submitting test sample results to the executive director, using test
methods and procedures adopted pursuant to this article 7.5;
(b) Affixing a mark, label, or tag to the product and packaging at the time of
sale or installation that demonstrates compliance with other state or federal agencies that have equivalent or more stringent efficiency standards; or
(c) Submitting such other proof as the executive director may deem
appropriate to show that the product complies with equivalent or more stringent efficiency standards adopted by other states or federal agencies.
(2) The executive director may adopt rules as necessary to ensure the proper
implementation and enforcement of this article 7.5.
(3) On or before January 1, 2026, the executive director shall collect and
make publicly available in written and electronic form the federal rules and other rules and standards referred to in this article 7.5. The executive director shall update the publicly available rules and standards as they may be updated or added in accordance with section 6-7.5-106.
(4) The executive director shall:
(a) Verify major retailers' and distributors' compliance with the provisions of
this article 7.5 through online spot-checks, coordination with other states that have similar standards, or both;
(b) Conduct such verifications at least once before January 1, 2027, and
again at least once before January 1, 2032;
(c) Deliver a report on the method and findings of the verifications to the
energy and environment committee of the house of representatives and to the transportation and energy committee of the senate, or to any successor committees, and post the report to the department of public health and environment's website within one month after its completion; and
(d) Deliver any findings of violations to the attorney general.
(5) On or before January 1, 2026, the executive director shall establish a
process whereby individuals may anonymously report potential violations of this article 7.5 on the department of public health and environment's public website. The executive director shall investigate any reported potential violation and shall report any confirmed violations to the attorney general.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1,
effective August 2. L. 2023: IP(1) amended and (3), (4), and (5) added, (HB 23-1161), ch. 285, p. 1706, � 6, effective August 7.
6-7.5-110. Penalties - civil action by attorney general. (1) A person shall not
sell or offer to sell any new consumer product that is required to meet a standard established in this article 7.5 but that the person knows does not meet that standard.
(2) Whenever the attorney general has probable cause to believe that any
person or group of persons has violated or caused another to violate subsection (1) of this section, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties as follows:
(a) Any person who violates or causes another to violate subsection (1) of this
section shall forfeit and pay a civil penalty of not more than two thousand dollars for each such violation, which amount shall be transferred to the state treasurer to be credited to the energy fund created in section 24-38.5-102.4. For purposes of this subsection (2)(a), a violation constitutes a separate violation with respect to each transaction or online for-sale product listing involved; except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations.
(b) Any person who violates or causes another to violate any provision of this
article 7.5, where such violation was committed against an elderly person, shall forfeit and pay to the general fund of the state a civil penalty of not more than ten thousand dollars for each such violation. For purposes of this subsection (2)(b), a violation of this section constitutes a separate violation with respect to each elderly person involved.
Source: L. 2019: Entire article R&RE, (HB 19-1231), ch. 356, p. 3282, � 1,
effective August 2. L. 2023: (2)(a) amended, (HB 23-1161), ch. 285, p. 1707, � 7, effective August 7.
ARTICLE 7.7
Standards for Construction Projects
that Receive State Financial Assistance
6-7.7-101. Legislative declaration. (1) The general assembly finds that:
(a) Appliances certified by the Energy Star program meet strict energy
efficiency and performance guidelines set by the federal environmental protection agency and the United States department of energy and can save an estimated twenty to thirty percent more energy than appliances that are not certified by the Energy Star program;
(b) New building construction projects that use taxpayer dollars to purchase
equipment should ensure that the equipment has lower lifetime costs to operate and maintain;
(c) Many projects that receive state financial assistance aim to assist
vulnerable lower-income households, and installing appliances certified by the Energy Star program could lower the costs of the energy bills of these households over time; and
(d) Saving energy is crucial in:
(I) Avoiding the most serious effects of climate change and preserving
Colorado's way of life, the health of communities, and the natural environment;
(II) Achieving the statewide greenhouse gas emission reduction goals; and
(III) Reducing costs for Coloradans.
(2) The general assembly therefore determines and declares that it is in the
public interest of the health and environment of the state to require that new building construction projects that receive state financial assistance use covered energy-consuming products that are certified by the Energy Star program.
Source: L. 2024: Entire article added, (SB 24-214), ch. 191, p. 1089, � 3,
effective May 17.
6-7.7-102. Definitions. As used in this article 7.7, unless the context
otherwise requires:
(1) Covered energy-consuming product means an appliance, device, or
piece of equipment that is:
(a) Powered by electricity or fuel;
(b) Designed to perform one or more specific tasks inside a residential or
commercial building, such as cooking, washing, drying, heating, cooling, providing domestic hot water, printing, or digital entertainment; and
(c) Covered within the scope of the Energy Star program.
(2) Energy Star program means the federal program authorized by 42
U.S.C. sec. 6294a, as amended.
(3) Social cost of carbon means the social cost of carbon dioxide emissions
developed by the public utilities commission pursuant to section 40-3.2-106.
(4) State financial assistance means allocations from the general fund or
other legislative allocations, state taxpayer funds, rebates, grants, or loans provided or administered by the state.
Source: L. 2024: Entire article added, (SB 24-214), ch. 191, p. 1090, � 3,
effective May 17.
6-7.7-103. Energy-efficiency standards for certain building construction
projects that receive state financial assistance - record retention requirements - waivers - exemptions - standardized resources - enforcement - civil penalties. (1) On and after January 1, 2025, except as set forth in subsection (3) or (4) of this section, recipients of state financial assistance for new building construction projects that include the specification, provision, or purchase of covered energy-consuming products shall use covered energy-consuming products certified by the Energy Star program.
(2) On and after January 1, 2025, a state agency that provides or administers
state financial assistance for a new building construction project shall:
(a) Include the requirements of subsection (1) of this section in the state
agency's criteria or guidance for applying for or receiving state financial assistance for new building construction projects;
(b) Request an attestation signed b
C.R.S. § 8-20-1004
8-20-1004. Rules. The director has the authority to promulgate rules as necessary for the implementation of this part 10.
Source: L. 2008: Entire part added, p. 1022, � 3, effective May 21.
ARTICLE 20.5
Petroleum Storage Tanks
Editor's note: This article was added with relocations in 1995 containing
relocated provisions of some sections formerly located in parts 5, 6, and 7 of article 20 of this title and article 18 of title 25. Former C.R.S. section numbers are shown in editors' notes following those sections that were relocated.
PART 1
ADMINISTRATION
8-20.5-101. Definitions. As used in this article, unless the context otherwise
requires:
(1) Abandoned tank means an underground or aboveground petroleum
storage tank that the current tank owner or operator or current property owner did not install, has never operated or leased to another for operation, and had no reason to know was present on the site at the time of site acquisition.
(2) (a) Aboveground storage tank means any one or a combination of
containers, vessels, and enclosures, including structures and appurtenances connected to them, constructed of nonearthen materials, including but not limited to concrete, steel, or plastic, which provide structural support, used to contain or dispense fuel products and the volume of which, including the pipes connected thereto, is ninety percent or more above the surface of the ground.
(b) Aboveground storage tank does not include:
(I) A wastewater treatment tank system that is part of a wastewater
treatment facility;
(II) Equipment or machinery that contains regulated substances for
operational purposes;
(III) (A) Farm and residential tanks or tanks used for horticultural or
floricultural operations.
(B) Nothing in sub-subparagraph (A) of this subparagraph (III), as amended
by House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(IV) Aboveground storage tanks located at natural gas pipeline facilities that
are regulated under state or federal natural gas pipeline acts;
(V) Aboveground storage tanks associated with natural gas liquids
separation, gathering, and production;
(VI) Aboveground storage tanks associated with crude oil production,
storage, and gathering;
(VII) Aboveground storage tanks at transportation-related facilities
regulated by the federal department of transportation;
(VIII) Aboveground storage tanks used to store heating oil for consumptive
use on the premises where stored;
(IX) Aboveground storage tanks used to store flammable and combustible
liquids at mining facilities and construction and earthmoving projects, including gravel pits, quarries, and borrow pits where, in the opinion of the director of the division of oil and public safety, tight control by the owner or contractor and isolation from other structures make it unnecessary to meet the requirements of this article;
(X) Any other aboveground tank excluded by regulation.
(2.5) Alternative fuel means a motor fuel that combines petroleum-based
fuel products with renewable fuels.
(3) Closure means the abandonment of an underground storage tank in
place or the removal and disposal of an underground storage tank.
(4) Department means the department of labor and employment, created
in section 24-1-121, C.R.S.
(5) Designee means a qualified municipality, city, home rule city, city and
county, county, fire protection district, or any other political subdivision of the state, including a county or district public health agency created pursuant to section 25-1-506, C.R.S., which county or district public health agency is acting under agreement or contract with the department for the implementation of the provisions of this article.
(5.5) Fee lands means land owned in fee simple within the exterior
boundaries of the Southern Ute Indian reservations in Colorado. Fee land does not mean land owned by an Indian tribe or the federal government or held in trust by the federal government for the use or benefit of an Indian tribe or its members.
(6) Fuel products means all gasoline, aviation gasoline, diesel, aviation
turbine fuel, jet fuel, fuel oil, biodiesel, biodiesel blends, kerosene, all alcohol blended fuels, gas or gaseous compounds, and other volatile, flammable, or combustible liquids, produced, compounded, and offered for sale or used for the purpose of generating heat, light, or power in internal combustion engines or fuel cells, for cleaning or for any other similar usage.
(7) Municipality means any city or any town operating under general or
special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with the provisions of part 3 of this article.
(8) Operator means any person in control of, or having responsibility for,
the operation of an underground or aboveground storage tank.
(9) Orphan tank means an underground storage tank which is:
(a) Owned or operated by an unidentified owner as defined in this article; or
(b) No longer in use and was not closed in accordance with the procedures
required by this article and the property has changed ownership prior to December 22, 1988, and such property is no longer used to dispense fuels.
(10) (a) Owner means:
(I) In the case of an underground storage tank in use on or after November 8,
1984, or brought into use after that date, any person who owns an underground storage tank used for the storage, use, or dispensing of regulated substances;
(II) In the case of an underground storage tank in use before November 8,
1984, but no longer in use on or after November 8, 1984, any person who owned such tank immediately before the discontinuation of its use; or
(III) Any person who owns an aboveground storage tank.
(b) For purposes of corrective action for petroleum releases, the term
owner does not include any person who, without participating in the management of an underground storage tank and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership primarily to protect a security interest in or lien on the tank or the property where the tank is located.
(11) Person means any individual, trust, firm, joint-stock company,
corporation (including a government corporation), partnership, association, commission, municipality, state, county, city and county, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, or the government of the United States.
(12) Property owner means a person having a legal or equitable interest in
real or personal property that is subject to this article.
(13) Regulated substance means:
(a) Any substance defined in section 101 (14) of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended, but not including any substance regulated as a hazardous waste under subtitle C of Title II of the federal Resource Conservation and Recovery Act of 1976, as amended;
(b) Petroleum, including crude oil, and crude oil or any fraction thereof that is
liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute);
(c) Alternative fuel; or
(d) Renewable fuel.
(14) Release means any spilling, leaking, emitting, discharging, escaping,
leaching, or disposing of a regulated substance from an underground storage tank into groundwater, surface water, or subsurface soils.
(14.5) Renewable fuel means a motor vehicle fuel that is produced from
plant or animal products or wastes, as opposed to fossil fuel sources.
(15) Reportable quantities means quantities of a released regulated
substance which equal or exceed the reportable quantity under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and petroleum products in quantities of twenty-five gallons or more.
(16) Tank means a stationary device designed to contain an accumulation
of a regulated substance, constructed primarily of nonearthen materials which provide structural support including, but not limited to, wood, concrete, steel, or plastic.
(17) (a) Underground storage tank means any one or combination of tanks,
including underground pipes connected thereto, except those identified in paragraph (b) of this subsection (17), that is used to contain an accumulation of regulated substances and the volume of which, including the volume of underground pipes connected thereto, is ten percent or more beneath the surface of the ground.
(b) Underground storage tank does not include:
(I) Any farm or residential tank with a capacity of one thousand one hundred
gallons or less used for storing motor fuel for noncommercial purposes;
(II) Any tank used for storing heating oil for consumptive use on the premises
where stored;
(III) Any septic tank;
(IV) Any pipeline facility, including its gathering lines, regulated under the
federal Natural Gas Pipeline Safety Act of 1968, as amended, or the federal Hazardous Liquid Pipeline Safety Act of 1979, as amended, or regulated under Colorado law if such facility is an intrastate facility;
(V) Any surface impoundment, pit, pond, lagoon, or landfill;
(VI) Any storm-water or wastewater collection system;
(VII) Any flow-through process tank;
(VIII) Any liquid trap or associated gathering lines directly related to oil or
gas production and gathering operations;
(IX) Any storage tank situated in an underground area, such as a basement,
cellar, mine-working, drift, shaft, or tunnel area, if the tank is situated upon or above the surface of the floor;
(X) Any pipes connected to any tank described in subparagraphs (I) to (IX) of
this paragraph (b); or
(XI) Any other underground tank excluded by regulation.
(18) Upgrade means the addition or retrofit of some systems such as
cathodic protection, lining, modification of the system piping, or spill and overfill controls to improve the ability of a petroleum storage tank system to prevent the release of product.
Source: L. 95: Entire article added, p. 389, � 1, effective July 1. L. 96: (1) and
(2)(b) amended and (17)(b)(XI) added, pp. 710, 711, �� 2, 3, effective May 15. L. 2001: (2)(b)(IX) amended, p. 1125, � 41, effective June 5. L. 2005: (5.5) added, p. 418, � 4, effective July 1; (2)(b)(III) amended, p. 347, � 2, effective August 8; (6) amended, p. 1348, � 21, effective August 8. L. 2007: (2.5) and (14.5) added and (13) amended, p. 1760, �� 3, 4, effective June 1. L. 2008: (5) amended, p. 2051, � 4, effective July 1. L. 2009: (13)(a) amended, (SB 09-292), ch. 369, p. 1939, � 6, effective August 5.
Editor's note: This section is similar to �� 8-20-501, 8-20-601, 8-20-702, and
25-18-102 as they existed prior to 1995.
Cross references: For the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, see Pub.L. 96-510, codified at 42 U.S.C. � 9601 et seq. For the federal Resource Conservation and Recovery Act of 1976, see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq. For the federal Natural Gas Pipeline Safety Act of 1968, see Pub.L. 90-481. For the federal Hazardous Liquid Pipeline Safety Act of 1979, see Pub.L. 96-129.
8-20.5-102. Registration - fees. (1) Each owner or operator of an
underground or aboveground storage tank shall register such tank with the director of the division of oil and public safety within thirty days after the first day on which the tank is actually used to contain a regulated substance or, in the case of an aboveground storage tank, on or before July 1, 1993, or, thereafter, within thirty days after the first day on which the tank is actually used to contain a regulated substance. Each owner or operator shall renew such registration annually on or before the calendar day and month of initial registration for each year in which the storage tank is in use. An underground storage tank is considered to be in use at all times, except when the tank has been either removed from the ground or permanently closed in accordance with the rules promulgated pursuant to section 8-20.5-202 (1.5) that relate to the closure of such tanks.
(2) To register or renew registration of an underground or aboveground
storage tank, the owner or operator of the tank shall submit to the director of the division of oil and public safety a completed registration or renewal form and payment of the fee established in subsection (3) of this section. The director of the division of oil and public safety shall provide registration and renewal forms.
(3) The registration and renewal fee shall be thirty-five dollars for each tank
for each year. The fees collected pursuant to this subsection (3) shall be credited to the petroleum storage tank fund created in section 8-20.5-103.
(4) The director of the division of oil and public safety shall collect
delinquent registration and renewal fees and assess a penalty of up to twice the amount of such fees and reasonable costs associated with the collection of such fees.
Source: L. 95: Entire article added, p. 392, � 1, effective July 1. L. 2001: (1), (2),
and (4) amended, p. 1125, � 42, effective June 5. L. 2007: (4) amended, p. 386, � 2, effective April 3; (1) amended, p. 981, � 3, effective July 1.
Editor's note: This section is similar to former � 8-20-506 as it existed prior
to 1995.
8-20.5-103. Petroleum storage tank fund - petroleum cleanup and
redevelopment fund - creation - rules - definition - repeal. (1) There is hereby created in the state treasury the petroleum storage tank fund, which is an enterprise fund. The fund consists of the following:
(a) Registration and annual renewal fees collected from owners or operators
of aboveground and underground storage tanks pursuant to section 8-20.5-102 (3);
(b) Repealed.
(c) Fees collected pursuant to section 8-20.5-102 (4);
(d) Surcharge funds collected pursuant to section 8-20-206.5;
(e) Moneys reimbursed to the department in payment for costs incurred in
the investigation of a release and performance of corrective action pursuant to section 8-20.5-209;
(f) Any moneys appropriated to the fund by the general assembly;
(g) Any moneys granted to the department from a federal agency for
administration of the underground storage tank program; and
(h) Moneys from bonds issued pursuant to subsection (8) of this section.
(2) (a) The moneys in the petroleum storage tank fund and all interest earned
on moneys in the fund shall not be credited or transferred to the general fund at the end of the fiscal year.
(b) Repealed.
(3) The money in the petroleum storage tank fund is continuously
appropriated to the division of oil and public safety; except that the expenditure of money for the purposes specified in subsections (3)(b), (3)(f), and (3)(g) of this section is subject to annual appropriation by the general assembly. The fund shall be used for:
(a) Petroleum corrective action purposes and third-party liability where the
costs exceed the minimum financial responsibility requirements of the owner or operator provided for in section 8-20.5-206; except that moneys from the fund may not be used for initial abatement and corrective action regarding fuels that are especially prepared and sold for use in aircraft or railroad equipment or locomotives;
(b) Administrative costs, limited each year to the amount of the registration
fee stated in section 8-20.5-102, including costs for contract services and costs related to the delegation of duties to units of local government which are incurred by the department of labor and employment in carrying out administrative responsibilities pursuant to this article;
(c) Any costs related to the abatement of fire and safety hazards as ordered
by the director of the division of oil and public safety pursuant to section 8-20.5-208 (3);
(d) Investigation of releases or suspected releases and performance of
corrective action for petroleum releases by the department or its designated agent pursuant to section 8-20.5-209;
(e) Any federal program pertaining to petroleum underground storage tanks,
which program requires state-matching dollars;
(f) (I) Costs related to petroleum storage tank facility inspections and meter
calibrations.
(II) This subsection (3)(f) is repealed, effective September 1, 2033.
(g) Administrative costs necessary for the implementation of this article and
section 8-20-206.5.
(3.5) (a) Moneys in the petroleum storage tank fund may be used as
incentives to underground or aboveground storage tank owners and operators for significant operational compliance or to upgrade existing systems. The director of the division of oil and public safety shall promulgate rules to implement this subsection (3.5).
(b) As used in this subsection (3.5), significant operational compliance
means that an owner or operator of an underground or aboveground storage tank is in full compliance with all of the requirements of this article and, through one or more best management practices that are not otherwise required, has prevented or reduced the threat of a release to the environment.
(3.7) The director of the division of oil and public safety may annually
transfer up to five hundred thousand dollars from the petroleum storage tank fund to the petroleum cleanup and redevelopment fund.
(4) Appropriations of moneys out of the fund for the purpose of initial
abatement response or for corrective action purposes in the cleanup of releases shall be used only for those stated purposes and shall not be used for any administrative costs incurred by the department. Any amounts used for initial abatement response or for corrective action purposes shall be reported annually to the general assembly and the joint budget committee.
(5) Subject to section 8-20.5-104, the fund shall be available only to those
underground and aboveground storage tanks owners or operators who are in compliance with the provisions of section 8-20.5-209 and regulations promulgated pursuant to sections 8-20.5-202 and 8-20.5-302.
(6) Moneys in the petroleum storage tank fund shall not be used:
(a) Repealed.
(b) To fund any programs that are not specifically stated within this section.
(7) (a) Subject to sections 8-20.5-206 (6) and 8-20.5-303 (6), owners and
operators of underground and aboveground storage tanks on fee lands shall be eligible for access to the fund if the tank owner or operator:
(I) Has registered such tanks pursuant to section 8-20.5-102 and paid the
surcharges imposed by section 8-20-206.5;
(II) Can demonstrate that the owner or operator is in compliance with the
rules promulgated pursuant to sections 8-20.5-202 and 8-20.5-302; and
(III) Can demonstrate that the owner or operator has complied with sections
8-20.5-209 and 8-20.5-304 and any other rules, policies, and procedures of the department concerning corrective action.
(b) Underground and aboveground storage tank owners and operators who
have been denied access to the fund prior to July 1, 2005, based upon a determination that the tanks are on fee lands, are eligible to reapply for reimbursement from the fund if the application is filed prior to December 31, 2005, and is not barred by settlement or other agreement.
(c) Nothing in this subsection (7) shall be construed to modify the
department's authority to regulate operation of or corrective action for underground and aboveground storage tanks on fee lands.
(7.5) Repealed.
(8) The executive director of the department is authorized to issue bonds to
reimburse assessment and corrective action costs to remediate petroleum contamination. The petroleum storage tank committee may temporarily raise such bonding limits in the event of extraordinary circumstances or environmental conditions.
(9) (a) There is hereby created in the state treasury the petroleum cleanup
and redevelopment fund, which is referred to in this subsection (9) as the redevelopment fund. The redevelopment fund's sources of revenue are:
(I) Civil penalties collected pursuant to section 8-20.5-107;
(II) Any public or private gifts, grants, or donations to the redevelopment
fund received by the department;
(III) Any legislative appropriations made to the redevelopment fund;
(IV) Earned interest, which the state treasurer shall deposit in the
redevelopment fund; and
(V) Money transferred from the petroleum storage tank fund pursuant to
subsection (3.7) of this section.
(b) (I) The department may use revenues in the redevelopment fund for
administration, investigation, abatement action, and preparing and implementing corrective action plans for petroleum releases not covered by the petroleum storage tank fund if, in the opinion of the director of the division of oil and public safety, such actions would enhance environmental protection and beneficial use of the property affected by the releases. The revenues in the redevelopment fund:
(A) Remain in the fund and shall neither be credited nor transferred to the
general fund at the end of any fiscal year;
(B) Are exempt from section 24-75-402, C.R.S.; and
(C) Are continuously appropriated to the division of oil and public safety for
the purposes stated in this section and are not subject to annual appropriation by the general assembly; except that the uses of the fund for the department's costs in administering this subsection (9) are subject to annual appropriation by the general assembly.
(II) Subject to the availability of money in the redevelopment fund, the
maximum amount payable from the redevelopment fund for any single corrective action plan must not exceed fifty percent of the eligible cleanup costs or five hundred thousand dollars, whichever is less.
(c) Repealed.
(d) The division of oil and public safety shall promulgate rules to implement
this subsection (9).
(e) Repealed.
(f) (I) Notwithstanding any provision of this subsection (9) to the contrary, on
June 30, 2025, the state treasurer shall transfer seven hundred thousand dollars from the redevelopment fund to the general fund.
(II) This subsection (9)(f) is repealed, effective July 1, 2026.
Source: L. 95: Entire article added, p. 393, � 1, effective July 1. L. 2000: (3)(f)
and (6) added, p. 1383, �� 1, 2, effective May 30. L. 2001: (3)(c) amended, p. 1126, � 43, effective June 5. L. 2002: (2) amended, p. 150, � 2, effective March 27; (3)(f) amended, p. 950, � 1, effective August 7. L. 2003: (3)(g) added and (6)(a) repealed, p. 2665, �� 3, 2, effective June 5. L. 2005: IP(1) amended and (1)(h) and (8) added, p. 1326, �� 1, 2, effective July 1; (7) added, p. 416, � 1, effective July 1. L. 2007: IP(3), (3)(a), and (3)(f)(II) amended, p. 387, � 3, effective April 3; (3.5) added, p. 980, � 1, effective July 1. L. 2010: (3)(f)(II) amended, (HB 10-1185), ch. 82, p. 276, � 2, effective August 11. L. 2013: IP(1) amended, (1)(b) repealed, and (9) added, (HB 13-1252), ch. 247, p. 1196, � 1, effective May 18. L. 2014: (9)(b)(I) amended, (HB 14-1334), ch. 370, p. 1762, � 1, effective June 6. L. 2015: (3.5) added, (HB 15-1299), ch. 162, p. 494, � 1, effective August 5. L. 2016: (2)(b) repealed, (HB 16-1408), ch. 153, p. 472, � 26, effective July 1; IP(3) and (3)(f)(II) amended, (HB 16-1044), ch. 1, p. 1, � 2, effective August 10. L. 2020: (7.5) and (9)(e) added, (HB 20-1406), ch. 178, p. 810, � 1, effective June 29. L. 2021: (9)(e) repealed, (SB 21-266), ch. 423, p. 2794, � 2, effective July 2. L. 2023: IP(3), (3)(f)(II), (9)(a)(III), and (9)(a)(IV) amended and (3.7) and (9)(a)(V) added, (SB 23-280), ch. 404, p. 2416, � 1, effective August 7. L. 2025: (9)(f) added, (SB 25-264), ch. 129, p. 499, � 4, effective April 25; (7.5) repealed, (SB 25-300), ch. 428, p. 2536, � 3, effective August 6.
Editor's note: (1) This section is similar to former � 25-18-109 as it existed
prior to 1995.
(2) Subsection (9)(c)(II) provided for the repeal of subsection (9)(c), effective
July 1, 2014. (See L. 2013, p. 1196.)
8-20.5-104. Rules - petroleum storage tank committee. (1) (a) There is
created the petroleum storage tank committee, which consists of seven members who have technical expertise and knowledge in fields related to corrective actions taken to mitigate underground and aboveground storage tank releases.
(b) The committee consists of:
(I) The following permanent members:
(A) The director of the division of oil and public safety or the director's
designee;
(B) The executive director of the department or the executive director's
designee; and
(C) An owner or operator; and
(II) Four members appointed by the governor who shall be chosen from
among the following groups, with no more than one member representing each group:
(A) Fire protection districts;
(B) Elected local governmental officials;
(C) Companies that refine and retail motor fuels in Colorado;
(D) Companies that wholesale motor fuels in Colorado;
(E) Owners and operators of independent retail outlets;
(F) Companies that conduct corrective actions or install and repair
underground and aboveground storage tanks; and
(G) Private citizens or interest groups.
(c) The department shall provide staff to support the activities of the
committee.
(2) Members of the committee shall serve three-year terms. All vacancies
shall be filled by the governor to serve the remainder of the unexpired term.
(3) Members of the committee shall receive no additional salary or per diem
reimbursement for their services as members of the committee, but shall be allowed travel and parking costs and maintenance expenses while on official committee business conducted more than one hundred miles from their respective residences.
(4) The committee shall be required to meet no more than twice in any
month. The committee shall recommend all regulatory actions proposed by the committee to the director of the division of oil and public safety for adoption or ratification. The committee shall conduct the following activities in accordance with section 24-4-105, C.R.S., as its routine business:
(a) Establish procedures, practices, and policies governing the committee's
activities;
(b) Review standards and regulations governing underground and
aboveground storage tanks;
(c) Establish procedures, practices, and policies governing the form and
procedures for applications to the petroleum storage tank fund for reimbursement compensation;
(d) (I) Establish procedures, practices, and policies governing any and all
aspects of processing, adjusting, defending, or paying claims against the fund. To encourage tank owners and operators to report and remediate contamination and achieve compliance with rules promulgated by the director of the division of oil and public safety, the committee may approve claims involving tanks not operated in substantial compliance, but may also determine the amount, if any, by which such claims may be reduced for noncompliance. Before imposing any reduction for noncompliance the committee shall determine whether the rules issued by the director of the division of oil and public safety are both substantially and procedurally no more stringent than United States environmental protection agency regulations under 42 U.S.C. sec. 6991 and whether the areas of noncompliance were brought into compliance prior to application to the fund, where possible. The committee shall use the following guidelines when imposing a reduction for noncompliance:
(A) Up to a ten percent reduction for failure to register a tank;
(B) Up to a twenty-five percent reduction for improper release detection;
(C) Up to a ten percent reduction for improper release reporting;
(D) Up to a twenty percent reduction for improper out-of-service and closure.
(II) Nothing in this article shall be construed to require the committee to
approve a claim involving substantial noncompliance. The committee shall establish specific criteria to define when denial for substantial noncompliance may be imposed.
(e) Establish priorities governing the types of corrective actions which shall
be reimbursed from the fund;
(f) Review corrective action plans submitted pursuant to section 8-20.5-209,
for which no agreement has been reached through informal conferences between the department and the owner or operator, and make a recommendation to the department, upon request from the department or the owner or the operator, as to the corrective action that is acceptable;
(g) Issue public notices and hold public hearings to obtain comment on the
activities described in this subsection (4);
(h) (I) (A) Pay interest to all persons who file a properly and fully completed
claim for reimbursement and are not reimbursed in a timely manner. For purposes of this paragraph (h), interest shall accrue on the amount approved for payment by the committee at the rate determined pursuant to section 39-21-110.5, C.R.S., for each day a properly and fully completed application is not processed in a timely manner.
(B) Notwithstanding this paragraph (h), if a claimant cannot be reimbursed in
a timely manner because insufficient moneys in the petroleum storage tank fund prevent the issuance of a reimbursement check within thirty days after approval of the disbursement, interest shall not begin to accrue on the claim until thirty-one days after sufficient moneys are available in said fund.
(II) For purposes of this paragraph (h), timely manner means:
(A) That an application filed with the petroleum storage tank fund on or after
January 1, 1996, shall be submitted for review by the committee within ninety working days of receipt;
(B) That an application filed with the petroleum storage tank fund on or after
July 1, 1995, but before January 1, 1996, shall be submitted for review by the committee within one hundred twenty working days of receipt;
(C) That an application filed with the petroleum storage tank fund before
July 1, 1995, shall be submitted for review by the committee no later than December 31, 1995;
(D) That reimbursement checks shall be issued within thirty days after
disbursement is approved by the committee.
(5) The committee may, in order to perform any or all of its responsibilities
and functions under subsection (4) of this section, contract for the use of outside experts, consultants, or services.
(6) Reductions determined by the committee because of noncompliance
shall be cumulative and shall apply to all eligible costs approved by the committee in the initial and all supplemental claims for the occurrence as defined in section 8-20.5-206 (2); except that in no instance shall cumulative reductions for noncompliance apply to claims submitted in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3).
(7) The reductions described in subsections (4)(d) and (6) of this section
pertain to this section only and shall not be construed to have any impact on cost-recovery actions taken in accordance with section 8-20.5-209 or any civil or criminal penalties imposed as part of an enforcement proceeding.
(8) At its first meeting of each fiscal year, on or about July 1, the committee
shall establish and set aside for reimbursements to those individuals who are eligible to make application to the fund in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3), an amount equal to twenty percent of the total budget of the department from the petroleum storage tank fund, which amount shall be used for the purpose of conducting remediation activities in accordance with sections 8-20.5-206 (3), 8-20.5-209, and 8-20.5-303 (3) and shall protect the integrity of the fund as a financial assurance mechanism for tank owners and operators. The committee shall reexamine on a quarterly basis the unencumbered balance of this allocation and may set aside lesser or additional amounts for reimbursements to such applicants based on the relative number of requested reimbursements from the owners and operators of active sites, with preference given to the remediation of recently contaminated locations and to active tank sites based on their higher potential for environmental impact.
(9) The petroleum storage tank committee is a type 1 entity as defined in
section 24-1-105, and exercises its powers and performs its duties and functions specified by this section under the department of labor and employment and the executive director.
Source: L. 95: Entire article added, p. 394, � 1, effective July 1. L. 96: (4)(h)(I)
amended, p. 711, � 4, effective May 15. L. 2001: (1), IP(4), and IP(4)(d)(I) amended, p. 1126, � 44, effective June 5. L. 2007: (8) amended, p. 387, � 4, effective April 3. L. 2022: (1) amended, (SB 22-013), ch. 2, p. 5, � 4, effective February 25; (9) amended, (SB 22-162), ch. 469, p. 3384, � 89, effective August 10.
Editor's note: This section is similar to former � 25-18-105 as it existed prior
to 1995.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
8-20.5-105. Confidentiality. (1) Any records, reports, and information
obtained from any person under the provisions of this article shall be available to the public; except that any records granted confidentiality by the director of the division of oil and public safety or a designee, or granted confidentiality under existing Colorado statutes or rules, shall remain confidential.
(2) Any person making such confidential records available to any person or
organization without authorization from the affected operator or owner commits a petty offense and shall be punished pursuant to section 18-1.3-503.
(3) Confidential records may be disclosed to officers, employees, or
authorized representatives of the state or of the United States who have been charged with administering this article or subtitle I of the federal Resource Conservation and Recovery Act of 1976, as amended. Such disclosure shall not constitute a waiver of confidentiality.
Source: L. 95: Entire article added, p. 397, � 1, effective July 1. L. 2001: (1)
amended, p. 1126, � 45, effective June 5. L. 2002: (2) amended, p. 1467, � 19, effective October 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3142, � 93, effective March 1, 2022. L. 2022: (2) amended, (HB 22-1229), ch. 68, p. 349, � 40, effective March 1; (2) amended, (SB 22-212), ch. 421, p. 2966, � 17, effective August 10.
Editor's note: (1) This section is similar to former � 25-18-106 as it existed
prior to 1995.
(2) Amendments to subsection (2) by SB 22-212 and HB 22-1229 were
harmonized.
(3) Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,
provides that the act changing this section applies to offenses committed on or after March 1, 2022; however, the Governor signed the act April 7, 2022.
Cross references: (1) For the legislative declaration contained in the 2002
act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002.
(2) For the Resource Conservation and Recovery Act of 1976, as amended,
see Pub.L. 94-580, codified at 42 U.S.C. � 6901 et seq.
8-20.5-106. Injunctions. In addition to the remedies provided in this article,
the director of the division of oil and public safety is authorized to apply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction restraining any person from violating any provision of this article, regardless of whether there is an adequate remedy at law.
Source: L. 95: Entire article added, p. 398, � 1, effective July 1. L. 2001: Entire
section amended, p. 1127, � 46, effective June 5.
Editor's note: This section is similar to former � 8-20-513 as it existed prior to
1995.
8-20.5-107. Enforcement orders - civil penalties. (1) A notice of violation
may be issued by the director of the division of oil and public safety to any person who is believed to have violated any provision of this article, any rule promulgated pursuant thereto, or any warrant issued pursuant to section 8-20.5-208. The notice of violation shall be served personally or by certified mail, return receipt requested, upon the alleged violator.
(2) The notice of violation shall set forth the facts which allegedly constitute
the violation and the provisions which have allegedly been violated of either this article or any regulation promulgated pursuant thereto. The notice of violation may require the alleged violator to take any actions necessary to correct the alleged violation.
(3) Within ten working days after service of the notice of violation, the
alleged violator may file a written request with the director of the division of oil and public safety for an informal conference regarding the notice of violation. If the alleged violator fails to timely request an informal conference, all provisions of the notice of violation shall become final and not subject to further administrative review. The director of the division of oil and public safety may then seek judicial enforcement of the notice of violation.
(4) Upon receipt of the written request, the director of the division of oil and
public safety shall provide the alleged violator with a written notice of the date, time, and place of the informal conference. The director of the division of oil and public safety or a designee shall preside at the informal conference, during which the alleged violator and the entity that issued the notice of violation may present information and arguments regarding the allegations and requirements of the notice of violation.
(5) Within twenty working days after the informal conference, the director of
the division of oil and public safety shall uphold, modify, or strike the allegations of the notice of violation and may issue an enforcement order. The decision shall be served upon the alleged violator personally or by certified mail, return receipt requested. Such notice of violation or enforcement order may be appealed within twenty working days to the executive director of the department. The executive director may either conduct the hearing personally or appoint an administrative law judge from the office of administrative courts in the department of personnel to conduct the hearing. The executive director may review such decision in accordance with the provisions of section 24-4-105, C.R.S., and final agency action shall be determined in accordance with the provisions of said section. Such final agency action shall be subject to judicial review in accordance with section 24-4-106, C.R.S.
(6) The enforcement order may require the alleged violator to pay a civil
penalty not to exceed five thousand dollars per tank for each day of violation.
(7) The director of the division of oil and public safety may file suit in the
district court for the judicial district in which violations have occurred to obtain judicial enforcement of the provisions of any enforcement order. The petroleum storage tank fund may be subrogated to the rights of an owner or operator with respect to a claimed amount at the time a claim is filed with the fund.
Source: L. 95: Entire article added, p. 398, � 1, effective July 1; (5) amended,
p. 634, � 12, effective July 1. L. 2001: (1), (3), (4), (5), and (7) amended, p. 1127, � 47, effective June 5. L. 2005: (5) amended, p. 853, � 8, effective June 1.
Editor's note: This section is similar to former � 8-20-512 as it existed prior to
1995.
8-20.5-108. Petroleum storage tank administration - transfer to
department of labor and employment - legislative declaration. (1) (a) The general assembly hereby finds, determines, and declares that there is a significant backlog in the processing of claims being made against the petroleum storage tank fund. Claims for reimbursement for cleaning up petroleum contamination are not acted upon in a timely manner, which places the storage tank owner in financial jeopardy. Lenders are reluctant to write loans on contaminated property, causing the next phase of remediation to be delayed and allowing contamination to spread, threatening the environment and unnecessarily escalating future cleanup expenses.
(b) The general assembly further finds, determines, and declares that it is in
the best interest of this state to transfer petroleum storage tank administrative functions performed by the department of public health and environment to the department of labor and employment, and thereby consolidate the administration and regulation of petroleum storage tanks in this state under one department, which will minimize the cost of such functions and centralize management.
(2) (a) The administrative functions of the petroleum storage tank fund,
including claims processing, corrective action plan review and approval, and any other responsibilities for petroleum storage tank programs performed by the department of public health and environment prior to July 1, 1995, are transferred to the department of labor and employment. All employees of the department of public health and environment, excluding any contract labor, who perform the functions transferred pursuant to this subsection (2) and whose employment in the department of labor and employment is deemed necessary by the executive director of the said department are transferred to the department of labor and employment and shall become employees thereof.
(b) Such employees shall retain all rights to the state personnel system and
retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules.
(c) On July 1, 1995, all items of property, real and personal, including office
furniture and fixtures, books, documents, and records of the department of public health and environment pertaining to the duties and functions transferred to the department of labor and employment pursuant to this subsection (2) are transferred to the department of labor and employment and shall become the property of such department.
(3) Repealed.
Source: L. 95: Entire article added, p. 399, � 1, effective July 1.
Editor's note: Subsection (3)(c) provided for the repeal of subsection (3),
effective December 31, 1996. (See L. 95, p. 399.)
PART 2
UNDERGROUND STORAGE TANKS
Law reviews: For article, Colorado New Underground Storage Tank Law,
see 19 Colo. Law. 233 (1990); for article, Availability of the Colorado UST Fund to Property Owners and Mortgagees, see 23 Colo. Law. 873 (1994).
8-20.5-201. Legislative declaration. The general assembly hereby finds and
declares that the leakage of regulated substances from underground storage tanks constitutes a potential threat to the waters and the environment of the state of Colorado and presents a potential menace to the public health, safety, and welfare of the people of the state of Colorado and that, to that end, it is the purpose of this part 2 to establish a program for the protection of the environment and of the public health and safety by preventing and mitigating the contamination of the subsurface soil, groundwater, and surface water which may result from leaking underground storage tanks.
Source: L. 95: Entire article added, p. 400, � 1, effective July 1.
Editor's note: This section is similar to former � 8-20-501 as it existed prior to
1995.
8-20.5-202. Duties of director of division of oil and public safety - rules. (1)
The director of the division of oil and public safety shall promulgate and enforce rules that are no more stringent than the requirements contained in 42 U.S.C. sec. 6991 et seq., and the regulations promulgated thereunder, except as allowed by federal law, including the federal Energy Policy Act of 2005, Pub.L. 109-58, as amended, for:
(a) Notification requirements for owners and operators of underground
storage tanks;
(b) Design, performance, construction, and installation standards for new
underground storage tanks;
(c) Design, performance, construction, and installation standards for the
upgrading of existing underground storage tanks;
(d) General operating requirements;
(e) Release detection;
(f) Release reporting, investigation, and confirmation; and
(g) (Deleted by amendment, L. 2007, p. 980, � 2, effective July 1, 2007.)
(h) Financial responsibility for underground storage tank systems containing
regulated substances.
(1.5) The director of the division of oil and public safety shall promulgate and
enforce rules for out-of-service underground storage tank systems and closure of such tanks.
(1.7) Within one hundred twenty days after January 1, 2008, the director of
the division of oil and public safety shall promulgate, and the division shall enforce, rules concerning the placement of underground storage tanks that contain renewable fuels. Such rules shall be promulgated with the purpose of developing a uniform statewide standard of issuing permits for underground storage tanks to promote the use of renewable fuels so that the process of obtaining a permit for an underground storage tank that contains renewable fuels may be more efficient and affordable.
(2) The director of the division of oil and public safety shall ensure that:
(a) All releases from underground storage tank systems are promptly
assessed and that further releases are stopped;
(b) Actions are taken to identify, contain, and mitigate any immediate fire
and safety hazards that are posed by a release;
(c) All releases from underground storage tank systems are investigated to
determine if there are impacts of reportable quantities on subsurface soil, groundwater, and any nearby surface water;
(d) All releases above reportable quantities are reported to the director of
the division of oil and public safety.
(3) The director of the division of oil and public safety shall, if necessary,
negotiate and enter into memoranda of agreement with and apply for and receive grants from the United States environmental protection agency pursuant to the provisions of this article.
(4) The director of the division of oil and public safety shall establish criteria
pursuant to subsection (1) of this section for delegation of authority to local agencies.
(5) Repealed.
Source: L. 95: Entire article added, p. 401, � 1, effective July 1. L. 97: (5)
repealed, p. 1474, � 8, effective June 3. L. 2001: IP(1), IP(2), (2)(d), (3), and (4) amended, p. 1128, � 48, effective June 5. L. 2007: IP(1) amended, p. 387, � 5, effective April 3; (1.7) added, p. 1760, � 5, effective June 1; IP(1) and (1)(g) amended and (1.5) added, p. 980, � 2, effective July 1.
Editor's note: (1) This section is similar to former � 8-20-503 as it existed
prior to 1995.
(2) Amendments to the introductory portion to subsection (1) by Senate Bill
07-031 and Senate Bill 07-247 were harmonized.
8-20.5-203. Performance of duties by owner or operator. Duties imposed
by this part 2 on the owner or the operator may be performed by either the owner or the operator. If neither the owner nor the operator performs the duties imposed by this part 2, both shall be considered in violation of this part 2.
Source: L. 95: Entire article added, p. 402, � 1, effective July 1.
Editor's note: This section is similar to former � 8-20-504 as it existed prior
to 1995.
8-20.5-204. Installation and upgrading of underground storage tanks. (1)
Plans for any installation of a new underground storage tank and plans for the complete upgrading of an existing underground storage tank shall be submitted by the owner or operator of the proposed or existing underground storage tank to the director of the division of oil and public safety for approval prior to such installation or upgrading.
(2) Plans for the installation of a new underground storage tank or for the
complete upgrading of an existing underground storage tank shall be in compliance with the rules promulgated pursuant to section 8-20.5-202 (1). The director of the division of oil and public safety or a designee shall approve or reject proposed plans and amendments thereto within twenty working days after submittal of the plan. If no action is taken by the director of the division of oil and public safety or a designee withi
C.R.S. § 8-20-231
8-20-231. Minimum standards - publications. (1) (a) The design, construction, location, installation, and operation of liquid fuel systems, fuel products, and equipment and the handling of liquid fuels and fuel products must conform to the minimum standards as prescribed by the applicable sections of the current edition of the national fire code published by the National Fire Protection Association, as revised by the Association from time to time.
(b) The minimum standards as prescribed must also apply to marine and
pipeline terminals, natural gasoline plants, refineries, tank farms, underground storage facilities, aboveground storage facilities, and chemical plants utilizing liquid fuels; except that the gallon limitations in such minimum standards do not apply to:
(I) Aboveground storage facilities associated with mining;
(II) Oil and gas production facilities;
(III) Asphalt or concrete production;
(IV) Construction projects; or
(V) Activities related to aboveground storage facilities associated with
mining, oil and gas production facilities, asphalt or concrete production, or construction projects.
(2) The director of the division of oil and public safety shall maintain copies
of the codes in his or her office at all times for public examination.
Source: L. 73: p. 1068, � 6. C.R.S. 1963: � 100-2-31. L. 90: Entire section
amended, p. 467, � 2, effective May 24. L. 2001: Entire section amended, p. 1119, � 21, effective June 5. L. 2005: Entire section amended, p. 1347, � 19, effective August 8. L. 2016: Entire section amended, (HB 16-1053), ch. 4, p. 8, � 3, effective March 9.
C.R.S. § 8-88-102.5
8-88-102.5. Comprehensive community integration plan for individuals with disabilities - review and assessment. (1) On or before September 1, 2028, CDOO shall serve as the lead agency responsible for developing a comprehensive community integration plan, referred to in this section as the plan, for implementing the state's commitment to providing individuals with disabilities opportunities to live, work, and be served in the least restrictive settings possible. In developing the plan, CDOO shall collaborate with the department of health care policy and financing, the department of human services, the department of local affairs, other state agencies impacted by the plan, and stakeholders. The plan must include:
(a) An analysis of the extent to which the state is providing services in the
most integrated setting;
(b) Concrete commitments to expand integrated opportunities for individuals
with disabilities;
(c) Specific and reasonable time frames, measurable goals, and benchmarks
for which the state is held accountable;
(d) Funding sources to support the plan, which may come from reallocating
existing service money; and
(e) Commitments concerning how the state will meet its goals for each
group of individuals with disabilities who are unnecessarily segregated.
(2) The CDOO shall review and update the plan every three years, beginning
on September 1, 2031. Part of the review must be an assessment of whether the time frames, goals, and benchmarks set pursuant to subsection (1)(c) of this section have been met. If the benchmarks were not met, the updated plan must include a description of the barriers to implementation and how those barriers will be addressed.
(3) Money for the CDOO to develop, review, and update the plan is limited to
the money in the disability support fund created in section 8-88-205, and the general assembly shall not appropriate any money from the general fund for that purpose.
Source: L. 2025: Entire section added, (HB 25-1017), ch. 231, p. 1091, � 1,
effective August 6.
C.R.S. § 9-4-112
9-4-112. Regulations common to all types and services of boilers. (1) Each boiler shall be supported by masonry or structural supports of sufficient strength and rigidity to safely support the boiler. There shall be no excessive vibration in either the boiler or its connecting piping.
(2) All boilers shall be so located that adequate space on each side will be
provided for proper operation of the boiler and its appurtenances, for the inspection of all surfaces, tubes, water walls, piping, valves, and other equipment, and for their necessary maintenance and repair.
(3) Inflammable or volatile materials shall not be stored in boiler rooms. Gas
meters shall not be installed in boiler rooms.
(4) There shall be provided to all boiler installations sufficient air to assure
adequate combustion of fuel. There shall be ventilating air provided to prevent undue overheating in the boiler room. Nationally accepted standards such as the publications of the national fire protection association shall be followed in determining the adequacy of combustion and ventilating air.
(5) Safety or safety relief valves, or both, shall be of adequate capacity to
prevent accumulation of excess pressure with fixed settings not in excess of the maximum allowable working pressure of the boiler to which they are attached. All new safety relief valves shall bear stamping which indicates that they have been capacity-rated according to national board standards and that they have been constructed according to A.S.M.E. standards.
(6) The use of weighted-lever safety valves shall be prohibited, and these
valves shall be replaced by direct spring-loaded safety or safety relief valves that conform to the requirements of the A.S.M.E. boiler and pressure vessel code.
(7) Safety valves having either a seat or disc of cast-iron construction are
prohibited.
(8) The safety or safety relief valve shall be connected directly to the hottest
part of the boiler, independent of any other connection, without a shutoff valve of any description between the safety or safety relief valve and the boiler.
(9) Each automatically fired boiler shall be equipped with a flame failure
safeguard device which will positively discontinue flow of fuel to the firing chamber in event of absence of flame. Discontinuation must occur in time to prevent an explosive accumulation of fuel in the firing chamber and connecting passages.
(10) Every safety or safety relief valve shall be connected to the boiler in an
upright position with spindle vertical and shall be equipped with a try lever to test opening of the valve.
(11) When a discharge pipe is attached to a safety or safety relief valve, it
shall not be reduced less than the valve outlet and shall be as short and straight as possible and arranged to avoid undue stresses on the valve. There shall be no shutoff valve in such discharge pipe.
(12) The discharge opening of safety or safety relief valves shall be so
located that the released fluids and vapors cannot come into harmful contact with attendants or other persons. All safety or safety relief valve discharges shall be located or piped to clear running boards or platforms. Ample provision for gravity drain shall be made in the discharge pipe at or near each safety valve and where condensation may collect. Any discharge pipe extending above the safety or safety relief valve shall be equipped with a drain hole which will prevent accumulation of fluid above the valve disc.
(13) All electric wiring to boilers and to electrically operated automatic
devices and control mechanisms shall be of a high temperature resistant insulation, and wiring shall be in conduit or other approved covering.
(14) All fuel and fluid piping valves and appliances shall be of materials
listed in nationally approved standards, installed in a workmanlike manner, with such support as is necessary to prevent vibration. They shall be maintained so as to be free of leakage.
(15) Repairs shall be made in accordance with the regulations set forth in the
national board inspection code. Major repairs shall be reported to the section before being performed. The major repair procedure and the shop performing the repair must be approved by the section or the authorized insurer and an inspection made by a state or special boiler inspector before the boiler is used.
(16) All boilers, unless exempt by this article, are subject to regular
inspections as provided for in section 9-4-103 (4). Each boiler shall be prepared by the owner or user for inspections or hydrostatic test whenever necessary when notified by the inspector or the section. The owner or user shall prepare each boiler for internal inspection, when so requested by a state boiler inspector, in the manner prescribed in the national board inspection code.
(17) If the boiler is jacketed so that longitudinal seams of shells, drums, or
domes cannot be seen, enough of the jacketing, setting, wall, or other form of casing or housing shall be removed to permit the inspection of the size of the rivets, pitch of the rivets, and other data necessary to determine the safety of the boiler if such information cannot be determined by other means.
(18) No person shall remove or tamper with any safety appliances prescribed
by this article except for the purpose of making repairs.
(19) All insurance companies insuring boilers operated in this state shall
notify the section within thirty days after any insurance policy insuring a boiler has been written, canceled, not renewed, or suspended because of unsafe conditions.
(20) If upon an external inspection there is evidence of a leak or crack,
enough of the covering of the boiler shall be removed to permit a boiler inspector to determine the safety of the boiler; or, if the covering cannot be removed immediately, he may order the operation of the boiler stopped until such time as the covering can be removed and proper examination made.
Source: L. 71: R&RE, p. 276, � 1. C.R.S. 1963: � 17-3-12. L. 76: (8) amended, p.
364, � 5, effective July 1.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)