Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0317.01 Yelana Love x2295
HOUSE BILL 22-1232
House Committees Senate Committees
Energy & Environment Finance
Finance Appropriations
Appropriations
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
SENATE
Amended 2nd Reading
April 25, 2022
HOUSE
3rd Reading Unamended
April 4, 2022
HOUSE
2nd Reading Unamended
April 1, 2022
HOUSE SPONSORSHIP
Valdez A. and Titone, Bernett, Cutter, Froelich, Gray, Hooton, Jodeh, Lindsay, Ricks,
Snyder, Weissman
SENATE SPONSORSHIP
Gonzales,
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
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, 25-7-501, amend (1)3
as follows:4
25-7-501. Legislative declaration. (1) The general assembly5
hereby declares that it is in the interest of the general public to control the6
exposure of the general public to friable asbestos. It is the intent of the7
general assembly to ensure the health, safety, and welfare of the public by8
regulating the practice of asbestos abatement in locations to which the9
general public has access for the purpose of ensuring that such abatement10
is performed in a manner which THAT will minimize the risk of release of11
asbestos. However, it is not the intent of the general assembly to regulate12
occupational health practices which THAT are regulated pursuant to13
federal laws. or to grant any authority to the department of public health14
and environment to enter and regulate work areas where general public15
access is limited. It is the intent of the general assembly that the16
commission may adopt regulations to permit the enforcement of the17
national emission standards for hazardous air pollutants as set forth in 4218
U.S.C. sec. 7412.19
SECTION 4. In Colorado Revised Statutes, 25-7-502, amend20
(1)(a) and (1)(c); and add (3)(b)(IV) and (5.5) as follows:21
25-7-502. Definitions. As used in this part 5, unless the context22
otherwise requires:23
(1) (a) "Area of public access" means any building, facility, or24
property, or only that A portion thereof, that any member of the general25
public can enter without limitation or restriction by the owner or lessee26
under normal business conditions; except that OR BE EXPOSED TO27
1232
-3- ASBESTOS FROM THE AREA . "Area of public access" includes a1
single-family residential dwelling and any facility that charges the general2
public a fee for admission, such as any theater or arena. For purposes of3
this subsection (1), "general public" does not include employees of the4
entity that owns, leases, or operates such building, facility, or property, or5
such portion thereof, or any service personnel or vendors connected6
therewith.7
(c) Notwithstanding the provisions of paragraph (a) of this8
subsection (1) SUBSECTION (1)(a) OF THIS SECTION, a single family9
residential dwelling shall not be considered an area of public access for10
purposes of this part 5 CONDUCTING ASBESTOS ABATEMENT if the11
homeowner who resides in the single family dwelling that is the12
homeowner's primary residence requests, on a form provided by the13
division, that the single family dwelling not be considered an area of14
public access.15
(3) "Asbestos abatement" means any of the following:16
(b) The following practices intended to prevent the escape of17
asbestos fibers into the atmosphere:18
(IV) C
ONDUCTING A MAJOR SPILL RESPONSE .
19
(5.5) "F
ACILITY" MEANS ANY INSTITUTIONAL , COMMERCIAL,
20
PUBLIC, INDUSTRIAL, SCHOOL, OR RESIDENTIAL STRUCTURE ; ANY21
INSTALLATION; ANY BUILDING , INCLUDING ANY STRUCTURE ,22
INSTALLATION, OR BUILDING CONTAINING CONDOMINIUMS OR INDIVIDUAL23
DWELLING UNITS OPERATED AS A RESIDENTIAL COOPERATIVE ; ANY SHIP;24
ANY RAILCAR; AND ANY ACTIVE OR INACTIVE WASTE DISPOSAL SITE .25
SECTION 5. In Colorado Revised Statutes, 25-7-503, amend26
(1)(a) introductory portion, (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX),27
1232
-4- (1)(b)(II), and (1)(b)(III)(B); and repeal (1)(a)(VII), (1)(a)(VIII), and (2)1
as follows:2
25-7-503. Powers and duties of commission - rules - delegation3
of authority to division. (1) The commission has the following powers4
and duties:5
(a) To promulgate rules pursuant to section 24-4-103, C.R.S.,6
regarding the following, as are necessary to implement the provisions of7
this part 5: only for areas of public access:8
(I) Performance standards and practices for asbestos abatement;9
which are not more stringent than 29 CFR 1910.1001 and 1926.1101;10
(IV) Requirements for air pollution permits. Permits shall be11
required for asbestos abatement projects in any building, facility, or12
structure OR PROPERTY, or any portion thereof, having public access;13
except that the requirements of this subparagraph (IV) SUBSECTION14
(1)(a)(IV) shall not apply to asbestos abatement projects performed by an15
individual on a single-family residential dwelling
THAT IS THE
16
INDIVIDUAL'S PRIMARY RESIDENCE.17
(VI) Fees for certification as: A trained supervisor,
WORKER,
18
PROJECT DESIGNER, INSPECTOR, MANAGEMENT PLANNER , AND AIR19
MONITORING SPECIALIST; AND A GENERAL ABATEMENT CONTRACTOR ;20
(VII) Fees for certification which is required under federal law to21
engage in the inspection of schools, the preparation of asbestos22
management plans for schools, and the performance of asbestos23
abatement services for schools;24
(VIII) Fees for a certificate to perform asbestos abatement;25
(IX) Assessment procedures which THAT determine the need for26
response actions for friable asbestos-containing materials. Such27
1232
-5- procedures shall include, but not be limited to, AN INITIAL INSPECTION TO1
DETERMINE IF ASBESTOS-CONTAINING MATERIALS ARE PRESENT , visual2
inspection, and air monitoring which THAT shows an airborne3
concentration of asbestos during normal occupancy conditions in excess4
of the maximum allowable level established by the commission in5
state-owned or state-leased buildings. Nothing in this subparagraph (IX)6
SUBSECTION (1)(a)(IX) shall be construed to require that such assessments7
be made in state-owned or state-leased buildings; however, such8
procedures shall be followed in the event any such assessment is made.9
(b) To promulgate rules pursuant to section 24-4-103, C.R.S.,10
regarding the following, as are necessary to implement the provisions of11
this part 5, as required by the federal "Clean Air Act", 42 U.S.C. sec.12
7412 et seq., as amended:13
(II) Requirements of notification, as consistent with the federal14
act, to demolish, renovate, or perform asbestos abatement in any building,15
structure, facility, or installation OR PROPERTY, or any portion thereof,16
which THAT contains asbestos, except within such minimum scope of17
asbestos abatement or when otherwise exempt;18
(III) (B) The division shall provide information to local19
governments to be used in connection with the issuance of a building20
permit regarding the need for an inspection for the presence of21
asbestos-containing materials prior to renovation or demolition of any22
building, structure, facility, or installation OR PROPERTY that may contain23
asbestos.24
(2) Notwithstanding any other provisions of this section to the25
contrary, neither the commission nor the division shall have the authority26
to enforce standards more restrictive than the federal standards set forth27
1232
-6- in the "Occupational Safety and Health Act", on asbestos abatement1
projects which are subject to such federal standards; except that, nothing2
in this subsection (2) shall be construed to prevent the application and3
enforcement of the maximum allowable asbestos level prescribed in4
subparagraph (II) of paragraph (a) of subsection (1) of this section as a5
clearance level and a condition of reentry by the general public upon6
completion of the project.7
SECTION 6. In Colorado Revised Statutes, 25-7-504, amend (1)8
and (2)(a) as follows:9
25-7-504. Asbestos abatement project requirements -10
certificate to perform asbestos abatement - certified trained persons.11
(1) (a) Any person who inspects schools for the presence of friable12
asbestos, prepares asbestos management plans for schools, or conducts13
asbestos abatement services in schools shall obtain certification pursuant14
to section 25-7-507.15
(b) Any person
OTHER THAN THE GENERAL ABATEMENT
16
CONTRACTOR who inspects public or commercial buildings ANY17
BUILDING, FACILITY, OR PROPERTY for the presence of asbestos, prepares18
management plans for public and commercial buildings, designs19
abatement actions in public and commercial buildings ANY BUILDING,20
FACILITY, OR PROPERTY, or conducts abatement actions in public and21
commercial buildings ANY BUILDING, FACILITY, OR PROPERTY shall obtain22
certification pursuant to section 25-7-507.23
(2) (a) Any person A GENERAL ABATEMENT CONTRACTOR who24
conducts asbestos abatement in any building, other than a school,25
FACILITY, OR PROPERTY shall obtain a certificate to perform asbestos26
abatement pursuant to section 25-7-505 unless such abatement project is27
1232
-7- exempt from the requirement for certification pursuant to rules and1
regulations promulgated by the commission.2
SECTION 7. In Colorado Revised Statutes, amend 25-7-507 as3
follows:4
25-7-507. Certification required under federal law for asbestos5
projects in facilities. Pursuant to the federal "Asbestos Hazard6
Emergency Response Act of 1986", Public Law 99-519,
CODIFIED AT 15
7
U.S.C.
SEC. 2641 ET SEQ., AS AMENDED and the federal "Asbestos School
8
Hazard Abatement Reauthorization Act of 1990", Public Law 101-637,9
AS AMENDED, the division shall certify, in the manner required under the10
federal law, all persons engaged in the inspection of schools or public or11
commercial buildings ANY BUILDING, FACILITY, OR PROPERTY, the12
preparation of management plans for schools or public or commercial13
buildings ANY BUILDING, FACILITY, OR PROPERTY, the design of abatement14
actions in schools or public or commercial buildings ANY BUILDING,15
FACILITY, OR PROPERTY, or the conduct of abatement actions in schools16
or public or commercial buildings ANY BUILDING, FACILITY, OR PROPERTY.17
SECTION 8. In Colorado Revised Statutes, 25-7-507.5, amend18
(5)(c)(I) as follows:19
25-7-507.5. Renewal of certificates - rules - recertification.20
(5) (c) (I) The commission shall promulgate rules governing refresher21
training programs for persons in both school and nonschool WHO22
CONDUCT asbestos abatement ACTIVITIES. Such programs shall not exceed23
the requirements of refresher training mandated under the federal24
"Asbestos Hazard Emergency Response Act of 1986", Public Law25
99-519,
CODIFIED AT 15 U.S.C. SEC. 2641 ET SEQ., AS AMENDED, and any
26
rules promulgated pursuant to such federal law.27
1232
-8- SECTION 9. In Colorado Revised Statutes, 25-7-509.5, amend1
(2)(b) as follows:2
25-7-509.5. Building permits. (2) (b) When updating the3
application form for a permit to renovate property or a permit to demolish4
property, the local government entity shall include on the application5
form substantially the following information:6
7
G AN ASBESTOS INSPECTION HAS BEEN8
WAS CONDUCTED ON THE BUILDING9
MATERIALS THAT WILL BE DISTURBED BY10
THIS PROJECT ON OR ABOUT: ________________11
(DATE)12
G IT WAS DETERMINED THAT AN13
ASBESTOS INSPECTION IS NOT REQUIRED14
UNDER STATE LAW.15
I
F YOU HAVE QUESTIONS REGARDING WHETHER AN16
ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW17
FOR YOUR PERMITTED PROJECT , PLEASE CONTACT THE18
INDOOR ENVIRONMENT PROGRAM WITHIN THE19
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR20
ADDITIONAL DETAILS BEFORE BEGINNING ANY21
DEMOLITION OR RENOVATION . 22
SECTION 10. In Colorado Revised Statutes, amend 25-7-511.6
23
as follows:24
25-7-511.6. Refresher training - authorization. The commission25
shall promulgate rules and regulations governing refresher training26
programs for persons in both school and nonschool WHO CONDUCT27
1232
-9- asbestos abatement ACTIVITIES. Such programs shall not exceed the1
requirements of refresher training mandated under the federal "Asbestos2
Hazard Emergency Response Act of 1986", Public Law 99-519,
CODIFIED
3
AT15 U.S.C. SEC. 2641 ET SEQ., as amended, and any rules and regulations4
promulgated under such federal law. In adopting such rules, and5
regulations, the commission shall ensure that refresher training6
requirements are related to ensuring continuing competency in asbestos7
abatement procedures. The division shall implement a system of testing8
to measure the knowledge obtained by certified persons attending such9
programs.10
SECTION 11. Act subject to petition - effective date. This act11
takes effect at 12:01 a.m. on the day following the expiration of the12
ninety-day period after final adjournment of the general assembly; except13
that, if a referendum petition is filed pursuant to section 1 (3) of article V14
of the state constitution against this act or an item, section, or part of this15
act within such period, then the act, item, section, or part will not take16
effect unless approved by the people at the general election to be held in17
November 2022 and, in such case, will take effect on the date of the18
official declaration of the vote thereon by the governor.19
1232
-10-