Section 25-8-1002 - Division duties - testing water quality at mobile home parks - parameters of testing - notice of results(1)Testing program.(a) By July 1, 2024, the division shall develop and begin conducting a program to test the quality of finished water at mobile home parks. The testing program is in addition to any other testing performed pursuant to this article 8. The division may contract with third-party entities to perform the testing.(b) The division shall ensure that materials, information, and communications shared with members of the public related to the testing program are available in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice.(c) The division shall test, in accordance with this section, finished water at: (I) Twenty-five percent of the total number of parks by July 1, 2025;(II) Fifty percent of the total number of parks by July 1, 2026;(III) Seventy-five percent of the total number of parks by July 1, 2027; and(IV) One hundred percent of the total number of parks by July 1, 2028.(d)(I) The division shall begin testing by sampling the finished water and the water supply at parks that represent geographically diverse locations across Colorado, both in urban and rural locations, based on the following prioritization criteria, not listed in order of importance: (A) Parks located in a census block group where at least forty percent of residents identify as a racial or ethnic minority;(B) Parks in a geographic area that is known to produce contaminants in finished water because of the geology of the geographic area;(C) Parks at a higher risk of experiencing cumulative effects on water quality because they are located in the most recent version of its census block group with a Colorado EnviroScreen score above the eightieth percentile;(D) Parks where residents have requested testing;(E) Parks where residents have submitted complaints, including consideration of the largest number of complaints, about the quality of the finished water to the department, to the division of housing, or to the ombudsperson;(F) Parks that are supplied with finished water from an unregulated water supply; and(G) Parks the division determines should be prioritized.(II) The division shall create a waiting list if requests for finished water testing at parks exceed the division's capacity for conducting the testing within thirty days after the request.(2)Testing parameters.(a) In developing the testing program, the division shall interview residents of parks to understand resident experiences, including damage to appliances, health effects, and economic effects, and shall assess possible causes of concern about the quality of finished water, including concerns about finished water that has an abnormal color, odor, or taste. The division shall conduct the interviews in English, Spanish, or any other language requested by a resident or that the division determines is necessary to conduct the interview.(b) In developing the testing program, the division shall determine and approve a specific sampling and testing plan for each park requiring any water quality testing that the division determines is necessary to assess the finished water's safety and quality and to assess park resident concerns identified in the interviews described in subsection (2)(a) of this section. The testing may include:(I) Testing to determine if the water complies with the primary and secondary drinking water standards established by rule under sections 25-8-202 and 25-8-204 and with the maximum contaminant levels or secondary maximum contaminant levels established by the United States environmental protection agency;(II) Testing to evaluate hardness, iron, calcium, and total dissolved solids; and(III) Testing for chemicals with health advisory levels if the division believes the chemicals may be present in the finished water.(c) Each approved sampling and testing plan is subject to review and revision by the department.(d) The division is authorized to not test finished water at a park for a specific contaminant if information exists showing the contaminant is not near or in excess of the standard in the finished water or if testing of the contaminant is already required by a park's registration as a public water system.(e) The division shall require that any sampling and analysis performed in the field for the testing program be conducted by a qualified professional, as determined by the division.(f) In implementing the testing program, the division shall:(I) Use the sample hold times for valid sampling in accordance with the rules promulgated under sections 25-8-202 and 25-8-204; and(II) Avoid testing within a mobile home without the owner's or renter's consent and evaluate possible alternate testing locations, including pedestals and service lines.(3)Notice of test results.(a) Test results obtained in accordance with this section are public records. The division shall make the test results accessible as soon as possible on a public website on which the test results may be viewed in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice.(b)(I) Within ten days after receiving the test results, the division shall notify the following persons of the test results obtained in accordance with this section for each park: (B) The county department of health where the park is located;(C) The municipality, if any, where the park is located;(D) The division of housing in the department of local affairs;(E) The water supplier; and(II) If test results show that a park's finished water has a water quality issue, the division's notification described in subsection (3)(b)(I) of this section must include:(A) A summary of the test results and information concerning the availability of the complete test results;(B) Information about any violation of water quality standards for finished water;(C) Guidance about any actions residents should take in light of any violations of water quality standards for finished water;(D) Guidance about the remediation process, as described in section 25-8-1003; and(E) Information about the grant program.(c)(I) Upon receiving notice of test results in accordance with subsection (3)(b)(I)(A) of this section, the park owner shall notify the park residents of the test results within five days in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice and include in the notice the information and guidance received from the division in accordance with subsection (3)(b)(II) of this section. The park owner shall use a professional translator to provide the notice in any language other than English. After giving the notice, the park owner shall certify to the division that the park owner has notified the residents.(II) In addition to directly notifying residents, a park owner shall also post the notice of test results in English, Spanish, and any other language requested by a resident or that the division determines is necessary to provide reasonable notice in a clearly visible location in park common areas, including any community hall or recreation hall. The notice must:(A) Remain clearly visible in the common area for at least one hundred twenty days after the date it is posted; and(B) Use a translation provided by a professional translator.(III) If a park owner fails to provide and post the notice required by subsections (3)(c)(I) and (3)(c)(II) of this section to residents within five business days after receipt of the notice from the division, the park owner is subject to section 38-12-1104 and part 2 of article 12 of title 38.Added by 2023 Ch. 376,§ 1, eff. 6/5/2023.