HB 23-1257

Abstract

The act creates a water testing program for mobile home parks (parks). The testing program is developed and administered by the water quality control division (division) in the department of public health and environment (department). The act also sets testing prioritization criteria and testing standards. Within 10 days after receiving test results, the division will notify the following of the test results and, if the testing reveals a water quality issue, include information about the availability of the complete test results, any violation of water quality standards, recommended actions, remediation, and the grant program established in the act: The park owner; The county department of health where the park is located; The municipality where the park is located, if any; The division of housing in the department of local affairs; The water supplier; and The environmental justice ombudsperson (ombudsperson). Upon receiving the notice, the park owner must: Notify the park residents within 5 days in the language chosen by the residents; Comply with orders of the division; and Not impose the cost of compliance on park residents. Within 120 days after receiving the notice, the park owner must prepare and submit to the division a remediation plan. The park owner must complete the remediation plan based on a schedule approved by the division, consult with the division, and provide a reasonable and sufficient amount of accessible drinking water or department-approved filters to park residents if necessary to address acute health risks. The division will coordinate with the division of housing in the department of local affairs to identify potential money, including grant money from the grant program created in the act, to support park water quality remediation. The division will develop an action plan to address and improve water quality in parks. Standards are established for the action plan and the development of the action plan. The act creates a grant program to help park owners, nonprofit entities, and local governments address water quality issues in parks. Standards are set for obtaining and spending grants. The division will implement and administer the grant program. The general assembly will annually appropriate money to the department to fund the grant program. The act is enforced by the attorney general and the division, which may issue cease-and-desist orders. The attorney general may request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment. The act establishes that: The division may impose a civil penalty of up to $10,000 plus an additional $5,000 per full calendar month the violation continues; A park owner that fails to register under the "Mobile Home Park Act Dispute Resolution and Enforcement Program" violates the "Colorado Consumer Protection Act"; Retaliation against a tenant for making a complaint is prohibited; and A person may bring a civil action under the "Mobile Home Park Act". Civil penalties are deposited in the mobile home park water quality fund to be used to provide grants through the grant program and for the division to administer and enforce the act. The ombudsperson is given the duty to represent park residents in matters of water quality. The act adds water quality issues to the database created by the "Mobile Home Park Act Dispute Resolution and Enforcement Program", which tracks complaints filed against parks. To implement the act, $3,611,859 is appropriated from the general fund to the mobile home park water quality fund, of which $3,407,448 is reappropriated to the department for administration, personal services, and the purchase of legal services, and $136,885 is appropriated from the general fund to the mobile home park act dispute resolution and enforcement program fund for use by the department of local affairs. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)