Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0316.01 Thomas Morris x4218 HOUSE BILL 12-1003 HOUSE SPONSORSHIP Fischer, SENATE SPONSORSHIP Nicholson, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the authorization of the use of graywater. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Except in connection with individual septic systems, current law is unclear regarding whether, and under what conditions, graywater may be used. Section 1 of the bill declares the importance of water conservation to the economy of Colorado and the well-being of its citizens. Section 2 defines "graywater" as wastewater from sources other than toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers collected within a residential, commercial, or industrial building that meets certain standards established by the water quality control commission. Section 3 authorizes the commission to adopt a control regulation establishing use standards and specifies that: Graywater may be applied only to uses that are allowed by the water sources' well permits and water rights; and, if so used, the use of the graywater is deemed to not cause injury. Graywater can be used only if the commission has adopted a control regulation and a local government authorizes the use. The local government has exclusive enforcement authority regarding compliance with the commission's control regulation. Section 5 allows counties to authorize graywater use, and section 6 allows municipalities to authorize graywater use. Section 4 repeals an obsolete provision authorizing local boards of health to adopt rules regarding graywater use with individual septic systems. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly hereby: (a) Recognizes that increasing the economic well-being of the state by ensuring adequate future water supplies is one of the general assembly's highest priorities and greatest responsibilities; (b) Determines that reducing per capita residential, commercial, and industrial demands for potable water is one of the public policy strategies required for meeting Colorado's future water demands; (c) Finds that technological advances, such as graywater systems: (I) Will play an important role in reducing per capita consumption; (II) Currently enable significantly greater efficiencies in the use of water within facilities; and (III) Have the potential to reduce water and wastewater treatment costs and energy consumption; and (d) Declares that: (I) The greater public interest is served by policies that promote greater efficiency in the first use of water within residential, commercial, and industrial facilities; and (II) Policies allowing the use of graywater systems represent one strategy available for achieving greater efficiency in the use of the state's vital water resources while preserving the health, safety, and welfare of all Coloradans. SECTION 2. In Colorado Revised Statutes, 25-8-103, add (8.3) as follows: 25-8-103. Definitions. As used in this article, unless the context otherwise requires: (8.3) "Graywater" means wastewater from sources other than toilets, urinals, kitchen sinks, nonlaundry utility sinks, and dishwashers that is collected within a residential, commercial, or industrial building and that meets the requirements, prohibitions, and standards adopted by the commission for subsequent use. SECTION 3. In Colorado Revised Statutes, 25-8-205, add (1) (g) as follows: 25-8-205. Control regulations. (1) The commission may promulgate control regulations for the following purposes: (g) (I) To describe requirements, prohibitions, and standards on the use of graywater for purposes other than drinking that will protect public health and water quality and encourage the use of graywater. (II) The regulation promulgated pursuant to this paragraph (g) authorizes graywater use only in areas where the local city, city and county, or county has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1) (kk) or 31-15-601 (1) (m), C.R.S. A city, city and county, or county that has adopted an ordinance or resolution approving the use of graywater pursuant to section 30-11-107 (1) (kk) or 31-15-601 (1) (m), C.R.S., has exclusive enforcement authority regarding compliance with the regulation promulgated pursuant to this paragraph (g), and the division has no enforcement responsibilities regarding such compliance. (III) Graywater may be applied only to uses that are allowed by the water sources' well permits and water rights. The use of graywater in applications that are allowed by the water sources' well permits and water rights is deemed to not cause injury. SECTION 4. In Colorado Revised Statutes, 25-10-105, amend (1) introductory portion and (1) (i) as follows: 25-10-105. Minimum standards for individual sewage disposal systems. (1) Rules adopted by local boards of health under section 25-10-104 (2) or (4) or promulgated by the department under section 25-10-104 (3) shall govern all aspects of the performance, location, construction, alteration, installation, and use of individual sewage disposal systems and shall must include, as a minimum, provisions regarding the following matters: (i) Design criteria and construction standards for vaults; for privies and slit trenches, either of which may be prohibited at the option of the local health department; and for incineration toilets and chemical toilets; and for graywater limited to disposal of wastewater from sinks, lavatories, tubs, and showers; SECTION 5. In Colorado Revised Statutes, 30-11-107, add (1) (kk) as follows: 30-11-107. Powers of the board. (1) The board of county commissioners of each county has power at any meeting: (kk) To authorize, in consultation with the local health jurisdiction, the use of graywater, as that term is defined in section 25-8-103 (8.3), C.R.S., in compliance with a control regulation promulgated pursuant to section 25-8-205 (1) (g), C.R.S., if the water quality control commission has adopted a control regulation, and to enforce compliance with the control regulation. SECTION 6. In Colorado Revised Statutes, 31-15-601, add (1) (m) as follows: 31-15-601. Building and fire regulations - emission performance standards required. (1) The governing bodies of municipalities have the following powers in relation to building and fire regulations: (m) To authorize, in consultation with the local health jurisdiction, the use of graywater, as that term is defined in section 25-8-103 (8.3), C.R.S., in compliance with a control regulation promulgated pursuant to section 25-8-205 (1) (g), C.R.S., if the water quality control commission has adopted a control regulation, and to enforce compliance with the control regulation. SECTION 7. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 7, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.