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Landscaping at Shoenberg Farms

Updated: Nov 18, 2022

Colorado is planning a program to further incentivize residents to replace their grass lawns with landscaping that needs less water to maintain. House Bill 1151 requires the Colorado Water Conservation Board to develop a statewide financial incentive program to inspire voluntary turf replacement for homeowners, local governments and nonprofits.



HOUSE BILL 22-1151

BY REPRESENTATIVE(S) Catlin and Roberts, Amabile, Bacon,

Benavidez, Bernett, Bird, Boesenecker, Caraveo, Cutter, Esgar, Froelich,

Holtorf, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, McCormick,

McKean, Michaelson Jenet, Pico, Sirota, Snyder, Soper, Tipper, Titone,

Valdez A., Valdez D., Weissman, Will, Woodrow, Young, Garnett,

McLachlan, Ricks;

also SENATOR(S) Bridges and Simpson, Buckner, Hansen, Hinrichsen,

Jaquez Lewis, Lee, Moreno, Pettersen, Winter, Fenberg.

CONCERNING MEASURES TO INCENTIVIZE WATER-WISE LANDSCAPES, AND,

IN CONNECTION THEREWITH, CREATING A STATE PROGRAM TO

FINANCE THE VOLUNTARY REPLACEMENT OF IRRIGATED TURF AND

MAKING AN APPROPRIATION.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, add 37-60-135 as

follows:

37-60-135. State turf replacement program - creation -

administration - turf replacement fund - creation - legislative

declaration - definitions - repeal. (1) THE GENERAL ASSEMBLY FINDS AND

NOTE: This bill has been prepared for the signatures of the appropriate legislative

officers and the Governor. To determine whether the Governor has signed the bill

or taken other action on it, please consult the legislative status sheet, the legislative

history, or the Session Laws.

________

Capital letters or bold & italic numbers indicate new material added to existing law; dashes

through words or numbers indicate deletions from existing law and such material is not part of

the act.

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;

PAGE 2-HOUSE BILL 22-1151

(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

PAGE 3-HOUSE BILL 22-1151

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

PAGE 4-HOUSE BILL 22-1151

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.

PAGE 5-HOUSE BILL 22-1151

(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.

PAGE 6-HOUSE BILL 22-1151

(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:

PAGE 7-HOUSE BILL 22-1151

(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;

PAGE 8-HOUSE BILL 22-1151

(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.

PAGE 9-HOUSE BILL 22-1151

(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;

PAGE 10-HOUSE BILL 22-1151

(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) (I) ON THE EFFECTIVE DATE OF THIS SUBSECTION (6)(c), THE

STATE TREASURER SHALL TRANSFER TWO MILLION DOLLARS FROM THE

GENERAL FUND TO THE TURF REPLACEMENT FUND.

(II) THIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1, 2023.

(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).

SECTION 2. Appropriation. (1) For the 2022-23 state fiscal year,

$2,000,000 is appropriated to the department of natural resources for use by

the Colorado water conservation board. This appropriation is from the turf

replacement fund created in section 37-60-135 (6)(a)(I), C.R.S. To

implement this act, the board may use this appropriation as follows:

PAGE 11-HOUSE BILL 22-1151

(a) $1,988,600 for the state turf replacement program, which amount

is based on an assumption that the board will require an additional 0.8 FTE;

and

(b) $11,400 for the purchase of information technology services.

(2) Any money appropriated in subsection (1)(a) of this section not

expended prior to July 1, 2023, is further appropriated to the board until

June 30, 2025 for the same purpose.

(3) For the 2022-23 state fiscal year, $11,400 is appropriated to the

office of the governor for use by the office of information technology. This

appropriation is from reappropriated funds received from the department of

natural resources under subsection (1)(b) of this section. To implement this

act, the office may use this appropriation to provide information technology

services for the department of natural resources.

SECTION 3. 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; 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

PAGE 12-HOUSE BILL 22-1151

November 2022 and, in such case, will take effect on the date of the official

declaration of the vote thereon by the governor.

____________________________ ____________________________

Alec Garnett Steve Fenberg

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE

____________________________ ____________________________

Robin Jones Cindi L. Markwell

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

(Date and Time)

_________________________________________

Jared S. Polis

GOVERNOR OF THE STATE OF COLORADO

PAGE 13-HOUSE BILL 22-1151



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