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HOUSE BILL 26-1145
BY REPRESENTATIVE(S) Velasco and Phillips, Bacon, Boesenecker,
Brown, Camacho, Duran, Espenoza, Froelich, Goldstein, Hamrick, Jackson,
Joseph, Lieder, Lindsay, Lukens, Marshall, Martinez, Mauro, McCormick,
Nguyen, Paschal, Ricks, Rutinel, Rydin, Sirota, Smith, Stewart K.,
Stewart R., Story, Titone, Woodrow;
also SENATOR(S) Cutter and Mullica, Amabile, Benavidez, Daugherty,
Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Lindstedt, Marchman,
Roberts, Rodriguez, Wallace, Weissman, Coleman.
CONCERNING WATER QUALITY IN MOBILE HOME PARKS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 25-8-1001, amend
(13); and add (13.5) as follows:
25-8-1001. Definitions.
As used in this part 10, unless the context otherwise requires:
(13) "Remediation" means the resolution of all water quality issues
of a finished water source. so that the finished water is safe and healthy to
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.
drink. "Remediate" has a corresponding meaning.
(13.5) (a) "RISK TO WELFARE" MEANS A REASONABLE LIKELIHOOD
OF NEGATIVELY AFFECTING THE ABILITY OF INDIVIDUALS TO MEET BASIC
MATERIAL NEEDS.
(b) "RISK TO WELFARE" INCLUDES:
(I) NEGATIVELY AFFECTING THE FINANCES OF A HOUSEHOLD; OR
(II) A REASONABLE LIKELIHOOD THAT THE FINISHED WATER OR
WATER SUPPLY IS NOT OF SUFFICIENT QUALITY TO BE SUITABLE FOR
HOUSEHOLD USES, SUCH AS DRINKING , COOKING , BATHING , WASHING
CLOTHES, AND USING WITH HOME APPLIANCES.
SECTION 2. In Colorado Revised Statutes, 25-8-1002, amend
(2)(c); and add (3)(c)(IV) as follows:
25-8-1002. Division duties - testing water quality at mobile home
parks - parameters of testing - notice of results.
(2) Testing parameters.
(c) Each approved sampling and testing plan is subject to review and
revision by the department DIVISION.
(3) Notice of test results.
(c) (IV) IF THE PARK OWNER FAILS TO CERTIFY TO THE DIVISION THAT
THE PARK OWNER HAS NOTIFIED PARK RESIDENTS AS REQUIRED BY
SUBSECTION (3)(c)(I) OF THIS SECTION, THE DIVISION MAY ISSUE AN ORDER
REQUIRING THE PARK OWNER TO COMPLY WITH THE RESIDENT NOTICE
CERTIFICATION REQUIREMENT.
SECTION 3. In Colorado Revised Statutes, 25-8-1003, amend
(2)(b), (3) introductory portion, and (4) as follows:
25-8-1003. Remediation.
(2) Upon receiving the notice made under subsection (1)(b) of this
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section, the park owner shall:
(b) Not impose the cost of compliance with this subsection (2) on
park residents; EXCEPT THAT A PARK RESIDENT THAT IS ALSO A PARK OWNER
MAY BEAR THE COST OF COMPLYING WITH THIS SUBSECTION (2).
(3) To address a water quality issue, the department DIVISION may
issue an order requiring the park owner to:
(4) An order issued under subsection (3)(d) of this section becomes
effective upon issuance to the park owner. ONLY WITH RESPECT TO ORDERS
ISSUED UNDER SUBSECTION (3)(d) OF THIS SECTION, a park owner may file
a request for a hearing, pursuant to section 24-4-105, on any issue raised by
the order if THE REQUEST FOR A HEARING IS filed within twenty days after
the order is mailed.
SECTION 4. In Colorado Revised Statutes, 25-8-1007, amend (1),
(2), and (3)(a) as follows:
25-8-1007. Enforcement.
(1) The division has authority to test and require remediation of park
finished water, regardless of the type of water source, AND ENFORCE THIS
PART 10.
(2) The division shall, as necessary, to address a park's water quality
issues, issue a cease-and-desist order for a violation of this part 10 in
accordance with section 25-8-605.
(3) (a) If a park owner fails to comply with A cease-and-desist order,
create a remediation plan, implement a remediation plan, or respond to the
division in connection with a remediation plan, the division may impose a
civil penalty of up to ten thousand dollars. plus IN ADDITION TO THE CIVIL
PENALTY OF UP TO TEN THOUSAND DOLLARS FOR EACH VIOLATION , THE
DIVISION MAY IMPOSE an additional CIVIL PENALTY OF UP TO five thousand
dollars for each full calendar month after the first calendar month
THIRTY-DAY PERIOD for which the violation continues. The division must
impose a civil penalty in accordance with article 4 of title 24 A CIVIL
PENALTY ISSUED UNDER THIS SUBSECTION (3) IS A FINAL AGENCY ACTION .
THE PARK OWNER IS NOT ENTITLED TO AN ADMINISTRATIVE HEARING TO
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CONTEST AN IMPOSED CIVIL PENALTY.
SECTION 5. Act subject to petition - effective date -
applicability. (1) 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 12, 2026, if adjournment sine die is on May 13,
2026); 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 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
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(2) This act applies to acts or omissions committed on or after the
applicable effective date of this act.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
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