Dear Governor Polis, 

The potable water operators, users, and backflow experts in Colorado are counting on your intervention.

Call for executive action

For the reasons provided below, Section 18 Paragraph 4 of  HB24-1344 should be considered an error in the legislative process. Please, take prompt action to direct DORA and the CO State Plumbing Board to not enforce SEC 18 PP4 of HB24-1344. And, direct these agencies to communicate statewide that backflow services can continue by Certified Backflow Professionals as specified in Regulation 11, Section 11.39 Backflow Prevention and Cross-Connection Control Rule.

Background

Backflow devices are in most commercial buildings... restaurants, bars, stores with fountain drinks, any commercial bldg with boiler heating, or fire sprinklers, as part of irrigation systems, funeral homes, and more.

Until this recent power grab, backflow professionals (some being plumbers), and Public Water System operators have worked hand in hand with CDPHE to ensure these devices are protecting public health. The plumbing board is discrediting all other professionals and positioning this change as being vetted by stakeholders, which is false. 

Backflow testing is typically relatively inexpensive, quick, and is often completed by licensed water operators, irrigators, or independent testers who are professionals under other jurisdictions than the plumbing board. (In fact, many plumbers have not had the specialized training necessary to service these devices) 

Background and context of HB 24-1344

This bill was circulated and adopted with the following title and description:

“Sunset Plumbing Board - Concerning the continuation of the state plumbing board, and, in connection therewith, implementing the recommendations in the 2023 sunset report by the department of regulatory agencies.” 

This report included no recommendation to change the licensure requirements for backflow testing. 

This amendment was explained for 30 seconds before it was passed through the House Committee on Business Affairs & Labor during their March 21st meeting. Only the plumber’s union, plumbing industry, and plumbing board were present with the legislature. CDPHE, water operators, irrigation professionals, and independent backflow servicers were not a part of the conversation.  No other water professionals were consulted. 

Most importantly, it seems legislators were not sufficiently aware that Colorado’s drinking water regulations and backflow device servicing is covered by Regulation 11 and the CDPHE.

Impact of HB 24-1344 section 18 PP 4

• Loss of regulatory integrity, transparency, clarity: this belongs to the jurisdiction of Colorado Department of Public Health & Environment, not the plumbing  board.
• Loss of access to mandatory testing services: The new licensing requirement limits access of all water users to quick and relatively inexpensive backflow services.  A lack of affordable and timely access to services are to be expected under this bill. Many plumbers lack the training and certification necessary to service these devices.
• Loss of income: The new licensing requirement will prevent most professionals in the specialized backflow services industry from serving their clients, and operating their businesses. This legislation is harmful to the economic interests of these professionals who have made significant investments in training, equipment, and certification.
• Loss of operational continuity in drinking water system operations: Currently, Public Water System operators, such as cities, municipalities, property owner associations, and other  community water systems have invested in training and equipment for their Licensed Operators to provide backflow services. There are even water systems using water meters integrated with backflow devices. Under this bill, it seems these water utilities would not be able to service their own water meters! 

 

Call for Action

Please take prompt and clear action by directing DORA and the CO State Plumbing Board to not enforce these new requirements, and direct these agencies and CDPHE to communicate statewide that backflow services can continue as specified in Regulation 11, Section 11.39 Backflow Prevention and Cross-Connection Control Rule. 

Thank you for your attention to this critical matter.