HOUSE BILL 22-1232
BY REPRESENTATIVE(S) Valdez A. and Titone, Bernett, Cutter,
Froelich, Gray, Hooton, Jodeh, Lindsay, Ricks, Snyder, Weissman, Lontine,
Mullica;
also SENATOR(S) Gonzales, Buckner, Donovan, Fields, Ginal,
Jaquez Lewis, Kolker, Lee, Moreno, Rodriguez, Story, Winter.
C
ONCERNING THE CONTINUATION OF THE REGULATION OF PERSONS IN
CONNECTION WITH THE CONTROL OF ASBESTOS
, AND, IN CONNECTION
THEREWITH
, IMPLEMENTING THE RECOMMENDATIONS OF THE
DEPARTMENT OF REGULATORY AGENCIES CONTAINED IN THE
2021
SUNSET REPORT.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
(23)(a)(III); and add (28)(a)(IX) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (23) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2022:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (III) The certification of persons in connection with the control of
asbestos in accordance with part 5 of article 7 of title 25, C.R.S.;
(28) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2027:
(IX) T
HE CERTIFICATION OF PERSONS IN CONNECTION WITH THE
CONTROL OF ASBESTOS IN ACCORDANCE WITH PART
5 OF ARTICLE 7 OF TITLE
25.
SECTION 2. In Colorado Revised Statutes, amend 25-7-512 as
follows:
25-7-512. Repeal of part. This part 5 is repealed, effective
September 1, 2022
SEPTEMBER 1, 2027. Before the repeal, the department
of regulatory agencies shall review the functions of the division under this
part 5 as provided for in ARE SCHEDULED FOR REVIEW IN ACCORDANCE WITH
section 24-34-104. C.R.S.
SECTION 3. In Colorado Revised Statutes, 25-7-501, amend (1)
as follows:
25-7-501. Legislative declaration. (1) The general assembly
hereby declares that it is in the interest of the general public to control the
exposure of the general public to friable asbestos. It is the intent of the
general assembly to ensure the health, safety, and welfare of the public by
regulating the practice of asbestos abatement in locations to which the
general public has access for the purpose of ensuring that such abatement
is performed in a manner which
THAT will minimize the risk of release of
asbestos. However, it is not the intent of the general assembly to regulate
occupational health practices which
THAT are regulated pursuant to federal
laws. or to grant any authority to the department of public health and
environment to enter and regulate work areas where general public access
is limited. It is the intent of the general assembly that the commission may
adopt regulations to permit the enforcement of the national emission
standards for hazardous air pollutants as set forth in 42 U.S.C. sec. 7412.
SECTION 4. In Colorado Revised Statutes, 25-7-502, amend (1)(a)
and (1)(c); and add (3)(b)(IV) and (5.5) as follows:
PAGE 2-HOUSE BILL 22-1232 25-7-502. Definitions. As used in this part 5, unless the context
otherwise requires:
(1) (a) "Area of public access" means any building, facility, or
property, or only that A portion thereof, that any member of the general
public can enter without limitation or restriction by the owner or lessee
under normal business conditions; except that OR BE EXPOSED TO ASBESTOS
FROM THE AREA
. "Area of public access" includes a single-family residential
dwelling and any facility that charges the general public a fee for admission,
such as any theater or arena. For purposes of this subsection (1), "general
public" does not include employees of the entity that owns, leases, or
operates such building, facility, or property, or such portion thereof, or any
service personnel or vendors connected therewith.
(c) Notwithstanding the provisions of paragraph (a) of this
subsection (1) SUBSECTION (1)(a) OF THIS SECTION, a single family
residential dwelling shall not be considered an area of public access for
purposes of this part 5
CONDUCTING ASBESTOS ABATEMENT if the
homeowner who resides in the single family dwelling that is the
homeowner's primary residence requests, on a form provided by the
division, that the single family dwelling not be considered an area of public
access.
(3) "Asbestos abatement" means any of the following:
(b) The following practices intended to prevent the escape of
asbestos fibers into the atmosphere:
(IV) C
ONDUCTING A MAJOR SPILL RESPONSE .
(5.5) "F
ACILITY" MEANS ANY INSTITUTIONAL, COMMERCIAL, PUBLIC,
INDUSTRIAL, SCHOOL, OR RESIDENTIAL STRUCTURE; ANY INSTALLATION; ANY
BUILDING
, INCLUDING ANY STRUCTURE , INSTALLATION, OR BUILDING
CONTAINING CONDOMINIUMS OR INDIVI DUAL DWELLING UNITS OPERATED AS
A RESIDENTIAL COOPERATIVE
; ANY SHIP; ANY RAILCAR; AND ANY ACTIVE OR
INACTIVE WASTE DISPOSAL SITE
.
SECTION 5. In Colorado Revised Statutes, 25-7-503, amend (1)(a)
introductory portion, (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX), (1)(b)(II),
and (1)(b)(III)(B); and repeal (1)(a)(VII), (1)(a)(VIII), and (2) as follows:
PAGE 3-HOUSE BILL 22-1232 25-7-503. Powers and duties of commission - rules - delegation
of authority to division. (1) The commission has the following powers and
duties:
(a) To promulgate rules pursuant to section 24-4-103, C.R.S.,
regarding the following, as are necessary to implement the provisions of this
part 5: only for areas of public access:
(I) Performance standards and practices for asbestos abatement;
which are not more stringent than 29 CFR 1910.1001 and 1926.1101;
(IV) Requirements for air pollution permits. Permits shall be
required for asbestos abatement projects in any building, facility, or
structure OR PROPERTY, or any portion thereof, having public access; except
that the requirements of this subparagraph (IV) SUBSECTION (1)(a)(IV) shall
not apply to asbestos abatement projects performed by an individual on a
single-family residential dwelling
THAT IS THE INDIVIDUAL'S PRIMARY
RESIDENCE
.
(VI) Fees for certification as: A trained supervisor,
WORKER,
PROJECT DESIGNER, INSPECTOR, MANAGEMENT PLANNER , AND AIR
MONITORING SPECIALIST
; AND A GENERAL ABATEMENT CONTRACTOR ;
(VII) Fees for certification which is required under federal law to
engage in the inspection of schools, the preparation of asbestos management
plans for schools, and the performance of asbestos abatement services for
schools;
(VIII) Fees for a certificate to perform asbestos abatement;
(IX) Assessment procedures which THAT determine the need for
response actions for friable asbestos-containing materials. Such procedures
shall include, but not be limited to,
AN INITIAL INSPECTION TO DETERMINE
IF ASBESTOS
-CONTAINING MATERIALS ARE PRESENT , visual inspection, and
air monitoring which
THAT shows an airborne concentration of asbestos
during normal occupancy conditions in excess of the maximum allowable
level established by the commission in state-owned or state-leased
buildings. Nothing in this subparagraph (IX)
SUBSECTION (1)(a)(IX) shall
be construed to require that such assessments be made in state-owned or
state-leased buildings; however, such procedures shall be followed in the
PAGE 4-HOUSE BILL 22-1232 event any such assessment is made.
(b) To promulgate rules pursuant to section 24-4-103, C.R.S.,
regarding the following, as are necessary to implement the provisions of this
part 5, as required by the federal "Clean Air Act", 42 U.S.C. sec. 7412 et
seq., as amended:
(II) Requirements of notification, as consistent with the federal act,
to demolish, renovate, or perform asbestos abatement in any building,
structure,
facility, or installation OR PROPERTY, or any portion thereof,
which THAT contains asbestos, except within such minimum scope of
asbestos abatement or when otherwise exempt;
(III) (B) The division shall provide information to local
governments to be used in connection with the issuance of a building permit
regarding the need for an inspection for the presence of asbestos-containing
materials prior to renovation or demolition of any building, structure,
facility, or installation OR PROPERTY that may contain asbestos.
(2) Notwithstanding any other provisions of this section to the
contrary, neither the commission nor the division shall have the authority
to enforce standards more restrictive than the federal standards set forth in
the "Occupational Safety and Health Act", on asbestos abatement projects
which are subject to such federal standards; except that, nothing in this
subsection (2) shall be construed to prevent the application and enforcement
of the maximum allowable asbestos level prescribed in subparagraph (II) of
paragraph (a) of subsection (1) of this section as a clearance level and a
condition of reentry by the general public upon completion of the project.
SECTION 6. In Colorado Revised Statutes, 25-7-504, amend (1)
and (2)(a) as follows:
25-7-504. Asbestos abatement project requirements - certificate
to perform asbestos abatement - certified trained persons. (1) (a) Any
person who inspects schools for the presence of friable asbestos, prepares
asbestos management plans for schools, or conducts asbestos abatement
services in schools shall obtain certification pursuant to section 25-7-507.
(b) Any person OTHER THAN THE GENERAL ABATEMENT
CONTRACTOR
who inspects public or commercial buildings
ANY BUILDING,
PAGE 5-HOUSE BILL 22-1232 FACILITY, OR PROPERTY for the presence of asbestos, prepares management
plans for public and commercial buildings, designs abatement actions in
public and commercial buildings
ANY BUILDING, FACILITY, OR PROPERTY,
or conducts abatement actions in public and commercial buildings ANY
BUILDING
, FACILITY, OR PROPERTY shall obtain certification pursuant to
section 25-7-507.
(2) (a) Any person
A GENERAL ABATEMENT CONTRACTOR who
conducts asbestos abatement in any building, other than a school, FACILITY,
OR PROPERTY shall obtain a certificate to perform asbestos abatement
pursuant to section 25-7-505 unless such abatement project is exempt from
the requirement for certification pursuant to rules and regulations
promulgated by the commission.
SECTION 7. In Colorado Revised Statutes, amend 25-7-507 as
follows:
25-7-507. Certification required under federal law for asbestos
projects in facilities. Pursuant to the federal "Asbestos Hazard Emergency
Response Act of 1986", Public Law 99-519,
CODIFIED AT 15 U.S.C. SEC.
2641
ET SEQ., AS AMENDED and the federal "Asbestos School Hazard
Abatement Reauthorization Act of 1990", Public Law 101-637,
AS
AMENDED
, the division shall certify, in the manner required under the
federal law, all persons engaged in the inspection of schools or public or
commercial buildings ANY BUILDING, FACILITY, OR PROPERTY, the
preparation of management plans for schools or public or commercial
buildings ANY BUILDING, FACILITY, OR PROPERTY, the design of abatement
actions in schools or public or commercial buildings ANY BUILDING,
FACILITY, OR PROPERTY, or the conduct of abatement actions in schools or
public or commercial buildings ANY BUILDING, FACILITY, OR PROPERTY.
SECTION 8. In Colorado Revised Statutes, 25-7-507.5, amend
(5)(c)(I) as follows:
25-7-507.5. Renewal of certificates - rules - recertification.
(5) (c) (I) The commission shall promulgate rules governing refresher
training programs for persons in both school and nonschool WHO CONDUCT
asbestos abatement ACTIVITIES. Such programs shall not exceed the
requirements of refresher training mandated under the federal "Asbestos
Hazard Emergency Response Act of 1986", Public Law 99-519,
CODIFIED
PAGE 6-HOUSE BILL 22-1232 AT 15 U.S.C. SEC. 2641 ET SEQ., AS AMENDED, and any rules promulgated
pursuant to such federal law.
SECTION 9. In Colorado Revised Statutes, 25-7-509.5, amend
(2)(b) as follows:
25-7-509.5. Building permits. (2) (b) When updating the
application form for a permit to renovate property or a permit to demolish
property, the local government entity shall include on the application form
substantially the following information:
G I DO NOT KNOW IF AN ASBESTOS
INSPECTION HAS BEEN CONDUCTED ON THE
BUILDING MATERIALS THAT WILL BE
DISTURBED BY THIS PROJECT.
G AN ASBESTOS INSPECTION HAS BEEN WAS
CONDUCTED ON THE BUILDING MATERIALS
THAT WILL BE DISTURBED BY THIS PROJECT ON
OR ABOUT: ________________
(DATE)
G AN ASBESTOS INSPECTION HAS NOT
BEEN CONDUCTED ON THE BUILDING
MATERIALS THAT WILL BE DISTURBED BY THIS
PROJECT.
G IT WAS DETERMINED THAT AN ASBESTOS
INSPECTION IS NOT REQUIRED UNDER STATE LAW
.
I
F YOU HAVE QUESTIONS REGARDING WHETHER AN
ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW FOR
YOUR PERMITTED PROJECT
, PLEASE CONTACT THE INDOOR
ENVIRONMENT PROGRAM WITHIN THE DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT FOR ADDITIONAL
DETAILS BEFORE BEGINNING ANY DEMOLITION OR
RENOVATION
.
SECTION 10. In Colorado Revised Statutes, amend 25-7-511.6 as
follows:
PAGE 7-HOUSE BILL 22-1232 25-7-511.6. Refresher training - authorization. The commission
shall promulgate rules and regulations governing refresher training
programs for persons in both school and nonschool WHO CONDUCT asbestos
abatement
ACTIVITIES. Such programs shall not exceed the requirements of
refresher training mandated under the federal "Asbestos Hazard Emergency
Response Act of 1986", Public Law 99-519,
CODIFIED AT 15 U.S.C. SEC.
2641
ET SEQ., as amended, and any rules and regulations
promulgated under
such federal law. In adopting such rules, and regulations, the commission
shall ensure that refresher training requirements are related to ensuring
continuing competency in asbestos abatement procedures. The division shall
implement a system of testing to measure the knowledge obtained by
certified persons attending such programs.
SECTION 11. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 8-HOUSE BILL 22-1232 November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 22-1232