The bill 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 bill also sets testing prioritization criteria and testing standards. If the testing reveals a water quality issue, the division will notify the following and include information about the test results, recommended actions, remediation, and the grant program established in the bill: •
The park owner;
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The county department of health or municipality where the park is located;
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The water supplier; and
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The environmental justice ombudsperson (ombudsperson).
Upon receiving the notice, the park owner must: •
Notify the park residents;
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Comply with orders of the division;
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Not impose the cost of compliance on park residents;
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Within 90 days after receiving the notice, prepare and submit to the division a remediation plan;
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Complete the remediation plan based on a schedule approved by the division; and
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Consult with the division and provide an alternative water supply or department-approved filters.
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 bill, 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, including environmental justice principles, and the development of the action plan.
The bill creates a grant program to help park owners and local
governments address water quality issues. 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 bill is enforced by the division, which may issue
cease-and-desist orders.
A violation of the bill is a violation of the Colorado Consumer
Protection Act, and the bill further establishes that:
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If a park owner fails to develop a remediation plan or implement the remediation plan, the park will be declared a class 3 public nuisance, and the park owner must forfeit the park;
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A park owner that fails to register under the Mobile Home Park Act Dispute Resolution and Enforcement Program violates the Colorado Consumer Protection Act; and
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A person may bring a civil action under the Mobile Home Park Act.
A park that has been forfeited because it is a class 3 public
nuisance becomes the property of the county where the park is located, and the county will continue to operate the park to provide affordable housing for no fewer than 100 years. Penalties imposed under the Colorado Consumer Protection Act are deposited in a fund to be used to provide grants through the grant program and for the division to administer and enforce the bill.
The ombudsperson is given the duty to represent park residents in
matters of water quality.
The bill 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.
