August 24, 2019

Governor Signs Rain Barrel and Rule Review Bills

This week, Governor Hickenlooper signed two bills into law. To date, the governor has signed 169 bills this legislative session.

On Monday, May 9, he signed HB 16-1257, “Concerning Implementation of Recommendations of the Committee on Legal Services in Connection With Legislative Review of Rules and Regulations of State Agencies,” by Rep. Beth McCann and Sen. Mark Scheffel. The bill provides for the continuation of certain state agency rules and regulations and the expiration of others, reflecting a review of state agency rules and regulations that were adopted or amended on or after November 1, 2014, and before November 1, 2015.

On Thursday, May 12, the governor signed HB 16-1005, “Concerning the Use of Rain Barrels to Collect Precipitation from a Residential Rooftop for Nonpotable Outdoor Uses,” by Reps. Daneya Esgar & Jessie Danielson and Sen. Michael Merrifield. The bill allows the collection of precipitation from the roof of a home in up to two rain barrels subject to certain conditions, including that the building is a single-family residence or a multi-family residence with up to four units; the precipitation collected is used for outdoor purposes on the residential property where the precipitation is collected, including irrigation of lawns and gardens; the precipitation must not be used for drinking water or indoor household purposes; and the State Engineer may curtail rain barrel usage if the diversion of water is causing or will cause material injury to senior water rights.

For a complete list of Governor Hickenlooper’s 2016 legislative decisions, click here.

Bills Regarding Name Change After Divorce, Unattended Remote Vehicles, and More Signed

On Thursday, March 31, 2016, Governor Hickenlooper signed 8 bills into law, and he signed three more bills on Friday, April 1. To date, the governor has signed 70 bills into law this legislative session. The signed bills include a bill to simplify the name change process for parties to dissolutions of marriage or legal separation if those parties did not request a name change during the dissolution proceedings, a bill to change the name of “area vocational schools” to “area technical colleges,” a bill allowing the use of remote starter systems in unattended vehicles, and a bill allowing reimbursement of travel expenses of members of the Colorado Human Trafficking Council.

March 31, 2016

  • SB 16-121 – Concerning the Percentage of Tuition Revenue that an Institution of Higher Education is Authorized to Pledge for Contracts for the Advancement of Money, by Sen. Jack Tate and Rep. Alec Garnett. The bill allows the governing board of an institution of higher education to pledge up to 100 percent of tuition revenues to fund capital projects.
  • HB 16-1046 – Concerning the Response to Hazardous Substance Incidents Under Designated Emergency Response Authority Responsibility, by Rep. Tracy Kraft-Tharp and Sen. Randy Baumgardner. The bill requires local governments to report to the Colorado State Patrol who they designate as emergency response personnel for hazardous substance incidents, and narrows the appropriate response.
  • HB 16-1061 – Concerning a Requirement that the Transportation Infrastructure Needs of Federal Military Installations be Given Full Consideration During the Preparation of the Comprehensive Statewide Transportation Plan, by Reps. Terri Carver & Dan Nordberg and Sen. Nancy Todd. The bill requires the Colorado Department of Transportation to coordinate with federal military installations within the state when developing statewide transportation plans.
  • HB 16-1082 – Concerning Area Vocational Schools and, in Connection Therewith, Changing the Name of Area Vocational Schools to Area Technical Colleges and Adding Representation for Area Technical Colleges to Certain Boards, by Reps. Alec Garnett & Yeulin Willett and Sen. Nancy Todd. The bill changes all statutory references to “area vocational schools” to “area technical colleges” and adds a representative of area technical colleges to the Concurrent Enrollment Advisory Board and the Colorado Workforce Development Council.
  • HB 16-1085 – Concerning Simplifying the Process for Returning to a Prior Name After a Decree of Dissolution or Legal Separation Has Been Entered, by Rep. Dan Thurlow and Sen. Jack Tate. The bill makes it easier for a person to restore a previous name after a divorce or separation of he or she did not request the name change during the dissolution or separation proceedings.
  • HB 16-1122 – Concerning the Use of Remote Starter Systems on Unattended Vehicles, by Rep. Justin Everett and Sens. Owen Hill & Vicki Marble. The bill exempts vehicles with remote starter systems from the law prohibiting unattended idling as long as the vehicle owner takes precautions against theft.
  • HB 16-1144 – Concerning Transparency in Postsecondary Courses Offered to High School Students, by Reps. Jon Becker & Brittany Pettersen and Sen. Kevin Grantham. Currently, local education providers are required to notify parents and students annually when qualified students are eligible for concurrent enrollment in high school and college. The bill requires local education providers to notify parents and students if the students’ college classes do not qualify for concurrent enrollment.
  • HB 16-1151 – Concerning the Expansion of Penalty Mitigation Under the Alcohol Beverage Laws for Vendors Meeting the Definition of a “Responsible Vendor” as Provided by Law, by Rep. Dan Pabon and Sen. Chris Holbert. The bill requires state and local licensing authorities to consider licensees’ responsible alcohol vendor training as a mitigating factor for certain violations of state liquor laws.

April 1, 2016

  • HB 16-1033 – Concerning the Colorado Human Trafficking Council, by Reps. Beth McCann & Dan Nordberg and Sens. John Kefalas & Linda Newell. The bill allows members of the Colorado Human Trafficking Council to be reimbursed for their travel expenses.
  • HB 16-1038 – Concerning Optional Affiliation with the Fire and Police Pension Association by a County Sheriff Department that Does Not Participate in Social Security, by Reps. Jovan Melton & Joseph Salazar and Sen. Matt Jones. The bill allows counties to elect coverage in the Fire and Police Pension Association even when they decline to participate in Social Security.
  • HB 16-1083 – Concerning the Role and Mission of Western State Colorado University, by Reps. J. Paul Brown & Millie Hamner and Sens. Kerry Donovan & Kevin Grantham. The bill changes the admission standard of Western State Colorado University from “moderately selective” to “selective.”

For all of Governor Hickenlooper’s 2016 legislative decisions, click here.

HB 16-1005: Allowing Residential Use of Rain Barrels for Collection of Precipitation

On January 13, 2016, Rep. Esgar and Danielson and Sen. Merrifield introduced HB 16-1005Concerning the Use of Rain Barrels to Collect Precipitation from A Residential Rooftop for Nonpotable Outdoor Uses. The bill was assigned to the House Agriculture, Livestock, and Natural Resources Committee.

This bill allows residences to collect precipitation and reuse it on their residential property but only for outdoor purposes. A rain barrel is categorized as a storage container with a sealable lid that is used for collecting precipitation from a downspout of a rooftop. The bill specifies that the rain barrel must be located above ground outside of the residential home.

The bill says that precipitation from a rooftop may be collected if:

  • No more than two rain barrels are used, both having a combined storage capacity of one hundred ten gallons;
  • The precipitation collected comes from the rooftop of a building primarily used as a single-family residence or a multi-family residence with four or less units;
  • The collected precipitation must be used for outdoor purposes only, such as watering lawns or gardens; and
  • The precipitation collected is used only on the residential property from which it was collected.

The bill prohibits using the collected precipitation for drinking water or indoor household purposes.

The State Engineer is required by the bill to provide information on its website regarding the allowances and limitations of the use of rain barrels to collect precipitation. Additionally, in the event that the Department of Public Health and Environment develops best practices in accordance with C.R.S. § 25-1.5-210 the State Engineer is required to post a link on its website to the Department’s best practices list.

C.R.S. § 25-1.5-210 lays out the circumstances where the Department must develop best practices. The Department has to develop best practices for

  • Nonpotable usage of the collected precipitation, and
  • Disease and pest vector control.

If best practices are developed regarding the nonpotable usage of the collected precipitation, the Department must first post the best practices on its website, and second, inform the State Engineer that best practices have been posted so that the State Engineer may post a link on its website.

Mark Proust is a 2016 J.D. candidate at the University of Denver Sturm College of Law.