Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0317.01 Yelana Love x2295
HOUSE BILL 22-1232
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE REGULATION OF PERSONS IN101
CONNECTION WITH THE CONTROL OF ASBESTOS , AND, IN102
CONNECTION THEREWITH , IMPLEMENTING THE103
RECOMMENDATIONS OF THE DEPARTMENT OF REGULATORY104
AGENCIES CONTAINED IN THE 2021 SUNSET REPORT.105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Sunset Process - House Energy and Environment Committee.
The bill implements the recommendations of the department of regulatory
HOUSE SPONSORSHIP
Valdez A. and Titone, Bernett, Cutter, Froelich
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. agencies, as contained in the department's sunset review of the regulation
of persons in connection with the control of asbestos, as follows:
! Continues the regulation for 5 years, until September 1,
2027;
! Removes limits on the ability of the air quality control
commission to promulgate rules more stringent than the
standards set forth in the federal "Occupational Safety and
Health Act" (OSHA) and federal regulations promulgated
pursuant to OSHA; and
! Requires a local government to add language regarding
asbestos inspections on each application to renovate or
demolish property.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
(23)(a)(III); and add (28)(a)(VII) as follows:3
24-34-104. General assembly review of regulatory agencies4
and functions for repeal, continuation, or reestablishment - legislative5
declaration - repeal. (23) (a) The following agencies, functions, or both,6
are scheduled for repeal on September 1, 2022:7
(III) The certification of persons in connection with the control of
8
asbestos in accordance with part 5 of article 7 of title 25, C.R.S.;9
(28) (a) The following agencies, functions, or both, are scheduled10
for repeal on September 1, 2027:11
(VII) T
HE CERTIFICATION OF PERSONS IN CONNECTION WITH THE12
CONTROL OF ASBESTOS IN ACCORDANCE WITH PART 5 OF ARTICLE 7 OF13
TITLE 25.14
SECTION 2. In Colorado Revised Statutes, amend 25-7-512 as15
follows:16
25-7-512. Repeal of part. This part 5 is repealed, effective17
September 1, 2022
SEPTEMBER 1, 2027. Before the repeal, the department18
of regulatory agencies shall review the functions of the division under this19
HB22-1232-2- part 5 as provided for in ARE SCHEDULED FOR REVIEW IN ACCORDANCE1
WITH section 24-34-104. C.R.S.2
SECTION 3. In Colorado Revised Statutes, 25-7-503, amend3
(1)(a) introductory portion and (1)(a)(I); and repeal (2) as follows:4
25-7-503. Powers and duties of commission - rules - delegation5
of authority to division. (1) The commission has the following powers6
and duties:7
(a) To promulgate rules pursuant to section 24-4-103, C.R.S.,8
regarding the following, as are necessary to implement the provisions of9
this part 5 only for areas of public access:10
(I) Performance standards and practices for asbestos abatement;11
which are not more stringent than 29 CFR 1910.1001 and 1926.1101;12
(2) Notwithstanding any other provisions of this section to the13
contrary, neither the commission nor the division shall have the authority14
to enforce standards more restrictive than the federal standards set forth15
in the "Occupational Safety and Health Act", on asbestos abatement16
projects which are subject to such federal standards; except that, nothing17
in this subsection (2) shall be construed to prevent the application and18
enforcement of the maximum allowable asbestos level prescribed in19
subparagraph (II) of paragraph (a) of subsection (1) of this section as a20
clearance level and a condition of reentry by the general public upon21
completion of the project.22
SECTION 4. In Colorado Revised Statutes, 25-7-509.5, amend23
(2)(b) as follows:24
25-7-509.5. Building permits. (2) (b) When updating the25
application form for a permit to renovate property or a permit to demolish26
property, the local government entity shall include on the application27
HB22-1232
-3- form substantially the following information:1
G I DO NOT KNOW IF AN ASBESTOS2
INSPECTION HAS BEEN CONDUCTED ON THE3
BUILDING MATERIALS THAT WILL BE4
DISTURBED BY THIS PROJECT.5
G AN ASBESTOS INSPECTION HAS BEEN6
WAS CONDUCTED ON THE BUILDING7
MATERIALS THAT WILL BE DISTURBED BY8
THIS PROJECT ON OR ABOUT: ________________9
(DATE)10
G AN ASBESTOS INSPECTION HAS NOT11
BEEN CONDUCTED ON THE BUILDING12
MATERIALS THAT WILL BE DISTURBED BY13
THIS PROJECT.14
I
F YOU HAVE QUESTIONS REGARDING WHETHER AN15
ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW16
FOR YOUR PERMITTED PROJECT , PLEASE CONTACT THE17
INDOOR ENVIRONMENT PROGRAM WITHIN THE18
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR19
ADDITIONAL DETAILS BEFORE BEGINNING ANY20
DEMOLITION OR RENOVATION . 21
SECTION 5. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly; except24
that, if a referendum petition is filed pursuant to section 1 (3) of article V25
of the state constitution against this act or an item, section, or part of this26
act within such period, then the act, item, section, or part will not take27
HB22-1232
-4- effect unless approved by the people at the general election to be held in1
November 2022 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
HB22-1232
-5-