All State Policies: Colorado
Who’s Responsible?
Below are short descriptions of relevant state agencies/departments by policy topic, followed by more information on specific policies.
Drinking Water: Colorado’s Department of Public Health and Environment’s Water Quality Control Division monitors and reports on the quality of state waters to prevent water pollution, protect, restore and enhance the quality of surface and groundwater while ensuring that all drinking water systems provide safe drinking water. The Colorado Safe Drinking Water Program enforces the U.S. EPA’s drinking water quality standards. More information on Colorado’s water quality regulations, policies, and guidance can be found here.
State Revolving Funds: Colorado’s two SRF programs are called the Colorado Water Pollution Control Revolving Fund (WPCRF) and the Drinking Water Revolving Fund (DWRF). Both programs are jointly administered by three agencies, the Colorado Department of Public Health and Environment, Water Quality Control Division’ the Colorado Water Resources and Power Development Authority; and the Colorado Department of Local Affairs (DOLA).
“Disadvantaged Community” Definition and Tiered Principal Forgiveness Eligibility
Colorado defines a disadvantaged community as having a population of 10,000 or less and with three other primary factors. 1) Community median household income (MHI) is equal to or less than 80 percent of state MHI, 2) Community median household value (MHV) is less than 100 of state MHV, and 3) A.) County 24-month unemployment average is greater than the state average plus 1 percent. OR B.) Loss in the number of jobs in the county over 10-year period. Secondary factors include assessing whether a community’s current and projected debt per tap to median home value is more than the median Colorado municipality, as well as the revenue per tap to MHI necessary to cover operations and depreciation for a system.
The state produced a helpful explainer on DACs which you can find here.
Each community seeking funding is put through a “starting scenario” to determine their status as a DAC. Depending on their “category” or severity of “disadvantaged”, they are eligible for different low interest rates for 20- or 30-year terms.
According to the DWRF 2025 IUP, applicants that qualify as “category 1” may receive up to $3 million in principal forgiveness per project, with an interest rate of 2.5% for a 20-year term, while a “category 2” applicant may receive up to $3 million in principal forgiveness per project, with an interest rate of 1.5% for a 20-year term (both categories increase the interest rate by 0.25% for a 30-year loan term).
Overall, Colorado’s scoring criteria considers affordability, water quality and public health, and CPDWR compliance to determine tired of principal forgiveness. Ranging between less than 100 points to more than 170 points, projects are eligible for between a maximum of 20% and 80% principal forgiveness.
Additional Subsidy for DACs
Colorado provides additional subsidies to eligible disadvantaged communities in the form of principal forgiveness, and a portion of this is directed towards design and engineering costs to prepare for construction. Design and engineering projects up to $300,000 can be funded. DACs can also receive a planning grant up to $10,000 per project to complete needs assessments, environmental assessments, energy audits, etc.
Policies
Drinking Water
House Bill 22-1358
6/7/2022
The act requires child care centers, family child care homes, and public schools serving grades preschool through 5th grade test their drinking water sources for lead content by May 31, 2023. If appropriations are available, public schools that serve students in 6th through 8th grades should have the same testing done by November 30, 2024.
Within 30 days of the test results being received, the child care facility or school must make results and, if applicable, lead remediation plans available online. Results must be reported to the water quality control commission.
The CO Department of Public Health and the Environment must also provide training to schools and child care facilities for water filter maintenance, lead testing, reporting processes, and more. The act created a clean drinking water fund to support testing and maintenance requirements.
PFAS Chemicals Consumer Protection Act (HB 22-1345)
06/03/2022 Signed into law, partially goes into effect 1/1/2024, partially goes into effect 1/1/2025, and 1/1/2027
This bill restricts the sale of PFAS in a long list of consumer products, as well as fluids used in the extraction of oil and gas products. It also required manufacturers of cookware sold in the state that contains PFAS on any surface of the product that comes in contact with food, foodstuffs, or beverages must list the presence of PFAS chemicals on the product label in English and Spanish, with a link and QR code to more information about why the PFAS chemicals are intentionally added.
For the 2024 implementation, language specifically states, “Prohibition on the sale or distribution of certain consumer products that contain intentionally added PFAS chemicals… “A person shall not sell, offer for sale, distribute for sale, or distribute for use in the state any product in any of the following product categories if the product contains intentionally added pfas chemicals:
(a) carpets or rugs;
(b) fabric treatments;
(c) food packaging;
(d) juvenile products; and
(e) oil and gas products”
After January 2025, cosmetics, indoor textile furnishings, and indoor upholstered furniture will also not be sold or distributed if they contain intentionally added PFAS chemicals.
After January 2027, outdoor textile furnishings and outdoor upholstered furniture will also be added to the list.
Senate Bill 20-218
06/29/2020
The act creates the PFAS cash fund to fund the PFAS grant program, PFAS takeback program, and provide technical assistance in identifying and studying the presence of PFAS for communities, stakeholders, and regulatory boards or commissions. The grant program will provide funding for the sampling, assessment, and investigation of PFAS in ground or surface water; water system infrastructure used for the treatment of identified perfluoroalkyl and PFAS; and emergency assistance to water systems affected by PFAS. The takeback program will be used to purchase and dispose of eligible materials that contain PFAS.
House Bill 20-1119
State Government Regulation of Perfluoroalkyl and Polyfluoroalkyl Substances
06/29/2020
This act does not directly relate to PFAS in drinking water; however, it does require the Solid and Hazardous Waste Commission to promulgate rules for both a certificate of registration for any facility, fire department, or lessee subject to federal rules and regulations that uses or stores PFAS in its operations and for standards for the capture and disposal of PFAS. It prohibits the use of class B firefighting foam that contains intentionally added PFAS in certain aircraft hangars beginning January 1, 2023 and addresses when PFAS may be used for firefighting foam system testing. The act appropriates $43,836 from the hazardous waste service fund to the Department of Public Health and Environment for use by the hazardous materials and waste management division.
Safe Water in Schools Act (House Bill 1306)
06/08/2017
Established a grant program to pay for testing to detect the presence and concentration of lead in drinking water in public schools that receive their drinking water from public water systems, with the goal of completing all testing and analysis by June 30, 2020. Prioritization of funds focuses on the age of public elementary schools. For the 2017-18 state fiscal year, $431,803 is appropriated to the Department of Public Health and Environment for use by the Water Quality Control Division.
Environmental Justice
Healthy Rivers
Producer Responsibility Program for Statewide Recycling Act (House Bill 22-1355)
6/3/2022, with several implementation deadlines outlined in the law
The legislation requires packing producers to pay annual dues to fund a designated nonprofit organization to manage a statewide recycling program which will serve residences, public places, small businesses, schools, and government buildings.
Open Water Data
Water Funding
Colorado Senate Bill 24-037: Study Green Infrastructure for Water Quality Management
5/25/2024 (Signed)
This law directs local the department of public health and environment to work with local universities to find new options to restore watersheds and rivers, improve water quality, and reduce emissions associated with water. It requires the team to develop projects in collaboration with communities to demonstrate the use of green infrastructure and green financing mechanisms.
