HOUSE 3rd Reading Unamended March 23, 2015 HOUSE Amended 2nd Reading March 20, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0850.01 Jennifer Berman x3286HOUSE BILL 15-1259 HOUSE SPONSORSHIP Esgar and Danielson, Garnett, Salazar, Tyler, Vigil, Winter SENATE SPONSORSHIP Merrifield, House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT Concerning the use of rain barrels to collect precipitation from a residential rooftop for nonpotable outdoor uses. 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.) Section 1 of the bill allows the collection of precipitation from a residential rooftop if: A maximum of 2 rain barrels with a combined storage capacity of 100 gallons or less are used; Precipitation is collected from the rooftop of a building that is used primarily as a single-family residence or a multi-family residence with 4 or fewer units; The collected precipitation is used on the residential property on which the precipitation is collected; and The collected precipitation is applied to outdoor purposes such as lawn irrigation and gardening. Section 1 of the bill also requires the state engineer, to the extent practicable within existing resources, to provide information on the permitted use of rain barrels on the state engineer's web site. Section 2 requires the department of public health and environment, to the extent practicable within existing resources, to develop best practices for nonpotable usage of collected precipitation and vector control and to post any best practices developed on the department's web site. Section 3 prevents a homeowners' association from prohibiting a unit owner from using rain barrels for precipitation collection. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add article 96.5 to title 37 as follows: ARTICLE 96.5 Rooftop Precipitation Collection 37-96.5-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Rain barrel" means a storage container with a sealable lid located above ground outside of a residential home that is used for collecting precipitation from a downspout of a rooftop. (2) "Single-family residence" means a private residence that is a separate building or an individual residence that is part of a row of residences joined by common sidewalls. 37-96.5-102. Small-capacity rooftop precipitation collection permitted. (1) Notwithstanding any other provision of law, including article 92 of this article, precipitation from a rooftop may be collected if: (a) No more than two rain barrels with a combined storage capacity of one hundred ten gallons or less are utilized; (b) Precipitation is collected from the rooftop of a building that is used primarily as a single-family residence or a multi-family residence with four or fewer units; (c) The collected precipitation is used for outdoor purposes including irrigation of lawns and gardens; and (d) The collected precipitation is used on the residential property on which the precipitation is collected. (2) A person shall not use precipitation collected under this article for drinking water or indoor household purposes. 37-96.5-103. Information on state engineer's web site. (1) The state engineer, to the extent practicable within existing resources, shall provide information on the state engineer's web site on the permitted use of rain barrels to collect precipitation from residential rooftops including a description of the limitations set forth in section 37-96.5-102. (2) If the department of public health and environment informs the state engineer that it has developed best practices in accordance with section 25-1.5-210, C.R.S., the state engineer shall, to the extent practicable within existing resources, post or link to the department's best practices on the state engineer's web site. SECTION 2. In Colorado Revised Statutes, add 25-1.5-210 as follows: 25-1.5-210. Best practices for residential rooftop precipitation collection. (1) With respect to the use of a rain barrel, as defined in section 37-96.5-101 (1), C.R.S., to collect precipitation from a residential rooftop pursuant to section 37-96.5-102, C.R.S., the department, to the extent practicable within existing resources, shall develop best practices for: (a) Nonpotable usage of the collected precipitation; and (b) Vector control. (2) If the department develops best practices in accordance with subsection (1) of this section, the department shall: (a) Post the best practices on the department's web site; and (b) Inform the state engineer of the best practices so that the state engineer can either post or link to the department's best practices on the state engineer's web site. SECTION 3. In Colorado Revised Statutes, 38-33.3-106.5, add (1) (j) as follows: 38-33.3-106.5. Prohibitions contrary to public policy - patriotic and political expression - emergency vehicles - fire prevention - renewable energy generation devices - affordable housing - drought prevention measures - definitions. (1) Notwithstanding any provision in the declaration, bylaws, or rules and regulations of the association to the contrary, an association shall not prohibit any of the following: (j) The use of a rain barrel, as defined in section 37-96.5-101 (1), C.R.S., to collect precipitation from a residential rooftop in accordance with section 37-96.5-102, C.R.S. SECTION 4. 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 5, 2015, if adjournment sine die is on May 6, 2015); 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 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.