Colorado 2022 Regular Session

Colorado House Bill HB1232 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0317.01 Yelana Love x2295
1	8		HOUSE BILL 22-1232
2		-	~~BY REPRESENTATIVE(S) Valdez A. and Titone, Bernett, Cutter,~~
3		-	~~Froelich, Gray,~~ ~~Hooton, Jodeh, Lindsay, Ricks, Snyder, Weissman, Lontine,~~
4		-	~~Mullica;~~
5		-	~~also SENATOR(S) Gonzales, Buckner, Donovan, Fields, Ginal,~~
6		-	~~Jaquez Lewis,~~ ~~Kolker, Lee,~~ ~~Moreno, Rodriguez, Story, Winter.~~
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Finance
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
7	14		C
8		-	ONCERNING THE CONTINUATION OF THE REGULATION OF PERSONS IN
9		-	CONNECTION WITH THE CONTROL OF ASBESTOS
10		-	, AND, IN CONNECTION
11		-	THEREWITH
12		-	, IMPLEMENTING THE RECOMMENDATIONS OF THE
13		-	DEPARTMENT OF REGULATORY AGENCIES CONTAINED IN THE
14		-	2021
15		-	SUNSET REPORT.
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal
18		-	(23)(a)(III); and add (28)(a)(IX) as follows:
19		-	24-34-104. General assembly review of regulatory agencies and
20		-	functions for repeal, continuation, or reestablishment - legislative
21		-	declaration - repeal. (23) (a) The following agencies, functions, or both,
22		-	are scheduled for repeal on September 1, 2022:
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. (III) The certification of persons in connection with the control of
31		-	asbestos in accordance with part 5 of article 7 of title 25, C.R.S.;
32		-	(28) (a) The following agencies, functions, or both, are scheduled
33		-	for repeal on September 1, 2027:
34		-	(IX) T
35		-	HE CERTIFICATION OF PERSONS IN CONNECTION WITH THE
36		-	CONTROL OF ASBESTOS IN ACCORDANCE WITH PART
37		-	5 OF ARTICLE 7 OF TITLE
38		-	25.
39		-	SECTION 2. In Colorado Revised Statutes, amend 25-7-512 as
40		-	follows:
41		-	25-7-512. Repeal of part. This part 5 is repealed, effective
	15	+	ONCERNING THE CONTINUATION OF THE REGULATION OF PERSONS IN101
	16	+	CONNECTION WITH THE CONTROL OF ASBESTOS , AND, IN102
	17	+	CONNECTION THEREWITH , IMPLEMENTING THE103
	18	+	RECOMMENDATIONS OF THE DEPARTMENT OF REGULATORY104
	19	+	AGENCIES CONTAINED IN THE 2021 SUNSET REPORT.105
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov/
	26	+	.)
	27	+	Sunset Process - House Energy and Environment Committee.
	28	+	The bill implements the recommendations of the department of regulatory
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 26, 2022
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	April 25, 2022
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 4, 2022
	38	+	HOUSE
	39	+	2nd Reading Unamended
	40	+	April 1, 2022
	41	+	HOUSE SPONSORSHIP
	42	+	Valdez A. and Titone, Bernett, Cutter, Froelich, Gray, Hooton, Jodeh, Lindsay, Ricks,
	43	+	Snyder, Weissman
	44	+	SENATE SPONSORSHIP
	45	+	Gonzales, Buckner, Donovan, Fields, Ginal, Jaquez Lewis, Kolker, Lee, Moreno,
	46	+	Rodriguez, Story, Winter
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	49	+	Dashes through the words indicate deletions from existing statute. agencies, as contained in the department's sunset review of the regulation
	50	+	of persons in connection with the control of asbestos, as follows:
	51	+	! Continues the regulation for 5 years, until September 1,
	52	+	2027;
	53	+	! Removes limits on the ability of the air quality control
	54	+	commission to promulgate rules more stringent than the
	55	+	standards set forth in the federal "Occupational Safety and
	56	+	Health Act" (OSHA) and federal regulations promulgated
	57	+	pursuant to OSHA; and
	58	+	! Requires a local government to add language regarding
	59	+	asbestos inspections on each application to renovate or
	60	+	demolish property.
	61	+	Be it enacted by the General Assembly of the State of Colorado:1
	62	+	SECTION 1. In Colorado Revised Statutes, 24-34-104, repeal2
	63	+	(23)(a)(III); and add (28)(a)(VII) as follows:3
	64	+	24-34-104. General assembly review of regulatory agencies4
	65	+	and functions for repeal, continuation, or reestablishment - legislative5
	66	+	declaration - repeal. (23) (a) The following agencies, functions, or both,6
	67	+	are scheduled for repeal on September 1, 2022:7
	68	+	(III) The certification of persons in connection with the control of
	69	+	8
	70	+	asbestos in accordance with part 5 of article 7 of title 25, C.R.S.;9
	71	+	(28) (a) The following agencies, functions, or both, are scheduled10
	72	+	for repeal on September 1, 2027:11
	73	+	(VII) T
	74	+	HE CERTIFICATION OF PERSONS IN CONNECTION WITH THE12
	75	+	CONTROL OF ASBESTOS IN ACCORDANCE WITH PART 5 OF ARTICLE 7 OF13
	76	+	TITLE 25.14
	77	+	SECTION 2. In Colorado Revised Statutes, amend 25-7-512 as15
	78	+	follows:16
	79	+	25-7-512. Repeal of part. This part 5 is repealed, effective17
42	80		September 1, 2022
43		-	SEPTEMBER 1, 2027. Before the repeal, the department
44		-	of regulatory agencies shall review the functions of the division under this
45		-	part 5 as provided for in ARE SCHEDULED FOR REVIEW IN ACCORDANCE WITH
46		-	section 24-34-104. C.R.S.
47		-	SECTION 3. In Colorado Revised Statutes, 25-7-501, amend (1)
48		-	as follows:
49		-	25-7-501. Legislative declaration. (1) The general assembly
50		-	hereby declares that it is in the interest of the general public to control the
51		-	exposure of the general public to friable asbestos. It is the intent of the
52		-	general assembly to ensure the health, safety, and welfare of the public by
53		-	regulating the practice of asbestos abatement in locations to which the
54		-	general public has access for the purpose of ensuring that such abatement
55		-	is performed in a manner which
56		-	THAT will minimize the risk of release of
57		-	asbestos. However, it is not the intent of the general assembly to regulate
58		-	occupational health practices which
59		-	THAT are regulated pursuant to federal
60		-	laws. or to grant any authority to the department of public health and
61		-	environment to enter and regulate work areas where general public access
62		-	is limited. It is the intent of the general assembly that the commission may
63		-	adopt regulations to permit the enforcement of the national emission
64		-	standards for hazardous air pollutants as set forth in 42 U.S.C. sec. 7412.
65		-	SECTION 4. In Colorado Revised Statutes, 25-7-502, amend (1)(a)
66		-	and (1)(c); and add (3)(b)(IV) and (5.5) as follows:
67		-	PAGE 2-HOUSE BILL 22-1232 25-7-502. Definitions. As used in this part 5, unless the context
68		-	otherwise requires:
69		-	(1) (a) "Area of public access" means any building, facility, or
70		-	property, or only that A portion thereof, that any member of the general
71		-	public can enter without limitation or restriction by the owner or lessee
72		-	under normal business conditions; except that OR BE EXPOSED TO ASBESTOS
73		-	FROM THE AREA
74		-	. "Area of public access" includes a single-family residential
75		-	dwelling and any facility that charges the general public a fee for admission,
76		-	such as any theater or arena. For purposes of this subsection (1), "general
77		-	public" does not include employees of the entity that owns, leases, or
78		-	operates such building, facility, or property, or such portion thereof, or any
79		-	service personnel or vendors connected therewith.
80		-	(c) Notwithstanding the provisions of paragraph (a) of this
81		-	subsection (1) SUBSECTION (1)(a) OF THIS SECTION, a single family
82		-	residential dwelling shall not be considered an area of public access for
83		-	purposes of this part 5
84		-	CONDUCTING ASBESTOS ABATEMENT if the
85		-	homeowner who resides in the single family dwelling that is the
86		-	homeowner's primary residence requests, on a form provided by the
87		-	division, that the single family dwelling not be considered an area of public
88		-	access.
89		-	(3) "Asbestos abatement" means any of the following:
90		-	(b) The following practices intended to prevent the escape of
91		-	asbestos fibers into the atmosphere:
	81	+	SEPTEMBER 1, 2027. Before the repeal, the department18
	82	+	of regulatory agencies shall review the functions of the division under this19
	83	+	1232-2- part 5 as provided for in ARE SCHEDULED FOR REVIEW IN ACCORDANCE1
	84	+	WITH section 24-34-104. C.R.S.2
	85	+	SECTION 3. In Colorado Revised Statutes, 25-7-501, amend (1)3
	86	+	as follows:4
	87	+	25-7-501. Legislative declaration. (1) The general assembly5
	88	+	hereby declares that it is in the interest of the general public to control the6
	89	+	exposure of the general public to friable asbestos. It is the intent of the7
	90	+	general assembly to ensure the health, safety, and welfare of the public by8
	91	+	regulating the practice of asbestos abatement in locations to which the9
	92	+	general public has access for the purpose of ensuring that such abatement10
	93	+	is performed in a manner which THAT will minimize the risk of release of11
	94	+	asbestos. However, it is not the intent of the general assembly to regulate12
	95	+	occupational health practices which THAT are regulated pursuant to13
	96	+	federal laws. or to grant any authority to the department of public health14
	97	+	and environment to enter and regulate work areas where general public15
	98	+	access is limited. It is the intent of the general assembly that the16
	99	+	commission may adopt regulations to permit the enforcement of the17
	100	+	national emission standards for hazardous air pollutants as set forth in 4218
	101	+	U.S.C. sec. 7412.19
	102	+	SECTION 4. In Colorado Revised Statutes, 25-7-502, amend20
	103	+	(1)(a) and (1)(c); and add (3)(b)(IV) and (5.5) as follows:21
	104	+	25-7-502. Definitions. As used in this part 5, unless the context22
	105	+	otherwise requires:23
	106	+	(1) (a) "Area of public access" means any building, facility, or24
	107	+	property, or only that A portion thereof, that any member of the general25
	108	+	public can enter without limitation or restriction by the owner or lessee26
	109	+	under normal business conditions; except that OR BE EXPOSED TO27
	110	+	1232
	111	+	-3- ASBESTOS FROM THE AREA . "Area of public access" includes a1
	112	+	single-family residential dwelling and any facility that charges the general2
	113	+	public a fee for admission, such as any theater or arena. For purposes of3
	114	+	this subsection (1), "general public" does not include employees of the4
	115	+	entity that owns, leases, or operates such building, facility, or property, or5
	116	+	such portion thereof, or any service personnel or vendors connected6
	117	+	therewith.7
	118	+	(c) Notwithstanding the provisions of paragraph (a) of this8
	119	+	subsection (1) SUBSECTION (1)(a) OF THIS SECTION, a single family9
	120	+	residential dwelling shall not be considered an area of public access for10
	121	+	purposes of this part 5 CONDUCTING ASBESTOS ABATEMENT if the11
	122	+	homeowner who resides in the single family dwelling that is the12
	123	+	homeowner's primary residence requests, on a form provided by the13
	124	+	division, that the single family dwelling not be considered an area of14
	125	+	public access.15
	126	+	(3) "Asbestos abatement" means any of the following:16
	127	+	(b) The following practices intended to prevent the escape of17
	128	+	asbestos fibers into the atmosphere:18
92	129		(IV) C
93	130		ONDUCTING A MAJOR SPILL RESPONSE .
	131	+	19
94	132		(5.5) "F
95		-	ACILITY" MEANS ANY INSTITUTIONAL, COMMERCIAL, ~~PUBLIC,~~
96		-	~~INDUSTRIAL, SCHOOL, OR RESIDENTIAL STRUCTURE; ANY INSTALLATION; ANY~~
97		-	~~BUILDING~~
98		-	, INCLUDING ANY STRUCTURE , ~~INSTALLATION, OR BUILDING~~
99		-	CONTAINING CONDOMINIUMS OR ~~INDIVI DUAL DWELLING UNITS OPERATED AS~~
100		-	A RESIDENTIAL COOPERATIVE
101		-	~~; ANY SHIP;~~ ANY RAILCAR; AND ANY ACTIVE OR
102		-	~~INACTIVE WASTE DISPOSAL SITE~~
103		-	.
104		-	~~SECTION 5. In Colorado Revised Statutes, 25-7-503, amend (1)(a)~~
105		-	~~introductory portion, (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX),~~ (1)(b)(II),
106		-	~~and (1)(b)(III)(B); and repeal (1)(a)(VII), (1)(a)(VIII), and (2)~~ as follows:
107		-	~~PAGE 3-HOUSE BILL 22-1232~~ 25-7-503. Powers and duties of commission - rules - ~~delegation~~
108		-	of authority to division. (1) The commission has the following ~~powers and~~
109		-	duties:
110		-	(a) To promulgate rules pursuant to section 24-4-103, C.R.S.,
111		-	regarding the following, as are necessary to implement the provisions ~~of this~~
112		-	part 5: only for areas of public access:
113		-	(I) Performance standards and practices for asbestos abatement;
114		-	which are not more stringent than 29 CFR 1910.1001 and 1926.1101;
115		-	(IV) Requirements for air pollution permits. Permits shall be
116		-	required for asbestos abatement projects in any building, facility, or
117		-	structure OR PROPERTY, or any portion thereof, having public access; ~~except~~
118		-	that the requirements of this subparagraph (IV) ~~SUBSECTION (1)(a)(IV) shall~~
119		-	not apply to asbestos abatement projects performed by ~~an individual on a~~
120		-	single-family residential dwelling
121		-	THAT IS THE ~~INDIVIDUAL'S PRIMARY~~
122		-	~~RESIDENCE~~
123		-	.
	133	+	ACILITY" MEANS ANY INSTITUTIONAL , COMMERCIAL,
	134	+	20
	135	+	PUBLIC, INDUSTRIAL, SCHOOL, OR RESIDENTIAL STRUCTURE ; ANY21
	136	+	INSTALLATION; ANY BUILDING , INCLUDING ANY STRUCTURE ,22
	137	+	INSTALLATION, OR BUILDING CONTAINING CONDOMINIUMS OR INDIVIDUAL23
	138	+	DWELLING UNITS OPERATED AS A RESIDENTIAL COOPERATIVE ; ANY SHIP;24
	139	+	ANY RAILCAR; AND ANY ACTIVE OR INACTIVE WASTE DISPOSAL SITE .25
	140	+	SECTION 5. In Colorado Revised Statutes, 25-7-503, amend26
	141	+	(1)(a) introductory portion, (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX),27
	142	+	1232
	143	+	-4- (1)(b)(II), and (1)(b)(III)(B); and repeal (1)(a)(VII), (1)(a)(VIII), and (2)1
	144	+	as follows:2
	145	+	25-7-503. Powers and duties of commission - rules - delegation3
	146	+	of authority to division. (1) The commission has the following powers4
	147	+	and duties:5
	148	+	(a) To promulgate rules pursuant to section 24-4-103, C.R.S.,6
	149	+	regarding the following, as are necessary to implement the provisions of7
	150	+	this part 5: only for areas of public access:8
	151	+	(I) Performance standards and practices for asbestos abatement;9
	152	+	which are not more stringent than 29 CFR 1910.1001 and 1926.1101;10
	153	+	(IV) Requirements for air pollution permits. Permits shall be11
	154	+	required for asbestos abatement projects in any building, facility, or12
	155	+	structure OR PROPERTY, or any portion thereof, having public access;13
	156	+	except that the requirements of this subparagraph (IV) SUBSECTION14
	157	+	(1)(a)(IV) shall not apply to asbestos abatement projects performed by an15
	158	+	individual on a single-family residential dwelling
	159	+	THAT IS THE
	160	+	16
	161	+	INDIVIDUAL'S PRIMARY RESIDENCE.17
124	162		(VI) Fees for certification as: A trained supervisor,
125	163		WORKER,
126		-	PROJECT DESIGNER, INSPECTOR, MANAGEMENT PLANNER , AND AIR
127		-	MONITORING SPECIALIST
128		-	; AND A GENERAL ABATEMENT CONTRACTOR ;
129		-	(VII) Fees for certification which is required under federal law to
130		-	engage in the inspection of schools, the preparation of asbestos management
131		-	plans for schools, and the performance of asbestos abatement services for
132		-	schools;
133		-	(VIII) Fees for a certificate to perform asbestos abatement;
134		-	(IX) Assessment procedures which THAT determine the need for
135		-	response actions for friable asbestos-containing materials. Such procedures
136		-	shall include, but not be limited to,
137		-	AN INITIAL INSPECTION TO DETERMINE
138		-	IF ASBESTOS
139		-	-CONTAINING MATERIALS ARE PRESENT , visual inspection, and
140		-	air monitoring which
141		-	THAT shows an airborne concentration of asbestos
142		-	during normal occupancy conditions in excess of the maximum allowable
143		-	level established by the commission in state-owned or state-leased
144		-	buildings. Nothing in this subparagraph (IX)
145		-	SUBSECTION (1)(a)(IX) shall
146		-	be construed to require that such assessments be made in state-owned or
147		-	state-leased buildings; however, such procedures shall be followed in the
148		-	PAGE 4-HOUSE BILL 22-1232 event any such assessment is made.
149		-	(b) To promulgate rules pursuant to section 24-4-103, C.R.S.,
150		-	regarding the following, as are necessary to implement the provisions of this
151		-	part 5, as required by the federal "Clean Air Act", 42 U.S.C. sec. 7412 et
152		-	seq., as amended:
153		-	(II) Requirements of notification, as consistent with the federal act,
154		-	to demolish, renovate, or perform asbestos abatement in any building,
155		-	structure,
156		-	facility, or installation OR PROPERTY, or any portion thereof,
157		-	which THAT contains asbestos, except within such minimum scope of
158		-	asbestos abatement or when otherwise exempt;
159		-	(III) (B) The division shall provide information to local
160		-	governments to be used in connection with the issuance of a building permit
161		-	regarding the need for an inspection for the presence of asbestos-containing
162		-	materials prior to renovation or demolition of any building, structure,
163		-	facility, or installation OR PROPERTY that may contain asbestos.
164		-	(2) Notwithstanding any other provisions of this section to the
165		-	contrary, neither the commission nor the division shall have the authority
166		-	to enforce standards more restrictive than the federal standards set forth in
167		-	the "Occupational Safety and Health Act", on asbestos abatement projects
168		-	which are subject to such federal standards; except that, nothing in this
169		-	subsection (2) shall be construed to prevent the application and enforcement
170		-	of the maximum allowable asbestos level prescribed in subparagraph (II) of
171		-	paragraph (a) of subsection (1) of this section as a clearance level and a
172		-	condition of reentry by the general public upon completion of the project.
173		-	SECTION 6. In Colorado Revised Statutes, 25-7-504, amend (1)
174		-	and (2)(a) as follows:
175		-	25-7-504. Asbestos abatement project requirements - certificate
176		-	to perform asbestos abatement - certified trained persons. (1) (a) Any
177		-	person who inspects schools for the presence of friable asbestos, prepares
178		-	asbestos management plans for schools, or conducts asbestos abatement
179		-	services in schools shall obtain certification pursuant to section 25-7-507.
180		-	(b) Any person OTHER THAN THE GENERAL ABATEMENT
181		-	CONTRACTOR
182		-	who inspects public or commercial buildings
183		-	ANY BUILDING,
184		-	PAGE 5-HOUSE BILL 22-1232 FACILITY, OR PROPERTY for the presence of asbestos, prepares management
185		-	plans for public and commercial buildings, designs abatement actions in
186		-	public and commercial buildings
187		-	ANY BUILDING, FACILITY, OR PROPERTY,
188		-	or conducts abatement actions in public and commercial buildings ANY
189		-	BUILDING
190		-	, FACILITY, OR PROPERTY shall obtain certification pursuant to
191		-	section 25-7-507.
192		-	(2) (a) Any person
193		-	A GENERAL ABATEMENT CONTRACTOR who
194		-	conducts asbestos abatement in any building, other than a school, FACILITY,
195		-	OR PROPERTY shall obtain a certificate to perform asbestos abatement
196		-	pursuant to section 25-7-505 unless such abatement project is exempt from
197		-	the requirement for certification pursuant to rules and regulations
198		-	promulgated by the commission.
199		-	SECTION 7. In Colorado Revised Statutes, amend 25-7-507 as
200		-	follows:
201		-	25-7-507. Certification required under federal law for asbestos
202		-	projects in facilities. Pursuant to the federal "Asbestos Hazard Emergency
203		-	Response Act of 1986", Public Law 99-519,
204		-	CODIFIED AT 15 U.S.C. SEC.
205		-	2641
206		-	ET SEQ., AS AMENDED and the federal "Asbestos School Hazard
207		-	Abatement Reauthorization Act of 1990", Public Law 101-637,
208		-	AS
209		-	AMENDED
210		-	, the division shall certify, in the manner required under the
211		-	federal law, all persons engaged in the inspection of schools or public or
212		-	commercial buildings ANY BUILDING, FACILITY, OR PROPERTY, the
213		-	preparation of management plans for schools or public or commercial
214		-	buildings ANY BUILDING, FACILITY, OR PROPERTY, the design of abatement
215		-	actions in schools or public or commercial buildings ANY BUILDING,
216		-	FACILITY, OR PROPERTY, or the conduct of abatement actions in schools or
217		-	public or commercial buildings ANY BUILDING, FACILITY, OR PROPERTY.
218		-	SECTION 8. In Colorado Revised Statutes, 25-7-507.5, amend
219		-	(5)(c)(I) as follows:
220		-	25-7-507.5. Renewal of certificates - rules - recertification.
221		-	(5) (c) (I) The commission shall promulgate rules governing refresher
222		-	training programs for persons in both school and nonschool WHO CONDUCT
223		-	asbestos abatement ACTIVITIES. Such programs shall not exceed the
224		-	requirements of refresher training mandated under the federal "Asbestos
	164	+	18
	165	+	PROJECT DESIGNER, INSPECTOR, MANAGEMENT PLANNER , AND AIR19
	166	+	MONITORING SPECIALIST; AND A GENERAL ABATEMENT CONTRACTOR ;20
	167	+	(VII) Fees for certification which is required under federal law to21
	168	+	engage in the inspection of schools, the preparation of asbestos22
	169	+	management plans for schools, and the performance of asbestos23
	170	+	abatement services for schools;24
	171	+	(VIII) Fees for a certificate to perform asbestos abatement;25
	172	+	(IX) Assessment procedures which THAT determine the need for26
	173	+	response actions for friable asbestos-containing materials. Such27
	174	+	1232
	175	+	-5- procedures shall include, but not be limited to, AN INITIAL INSPECTION TO1
	176	+	DETERMINE IF ASBESTOS-CONTAINING MATERIALS ARE PRESENT , visual2
	177	+	inspection, and air monitoring which THAT shows an airborne3
	178	+	concentration of asbestos during normal occupancy conditions in excess4
	179	+	of the maximum allowable level established by the commission in5
	180	+	state-owned or state-leased buildings. Nothing in this subparagraph (IX)6
	181	+	SUBSECTION (1)(a)(IX) shall be construed to require that such assessments7
	182	+	be made in state-owned or state-leased buildings; however, such8
	183	+	procedures shall be followed in the event any such assessment is made.9
	184	+	(b) To promulgate rules pursuant to section 24-4-103, C.R.S.,10
	185	+	regarding the following, as are necessary to implement the provisions of11
	186	+	this part 5, as required by the federal "Clean Air Act", 42 U.S.C. sec.12
	187	+	7412 et seq., as amended:13
	188	+	(II) Requirements of notification, as consistent with the federal14
	189	+	act, to demolish, renovate, or perform asbestos abatement in any building,15
	190	+	structure, facility, or installation OR PROPERTY, or any portion thereof,16
	191	+	which THAT contains asbestos, except within such minimum scope of17
	192	+	asbestos abatement or when otherwise exempt;18
	193	+	(III) (B) The division shall provide information to local19
	194	+	governments to be used in connection with the issuance of a building20
	195	+	permit regarding the need for an inspection for the presence of21
	196	+	asbestos-containing materials prior to renovation or demolition of any22
	197	+	building, structure, facility, or installation OR PROPERTY that may contain23
	198	+	asbestos.24
	199	+	(2) Notwithstanding any other provisions of this section to the25
	200	+	contrary, neither the commission nor the division shall have the authority26
	201	+	to enforce standards more restrictive than the federal standards set forth27
	202	+	1232
	203	+	-6- in the "Occupational Safety and Health Act", on asbestos abatement1
	204	+	projects which are subject to such federal standards; except that, nothing2
	205	+	in this subsection (2) shall be construed to prevent the application and3
	206	+	enforcement of the maximum allowable asbestos level prescribed in4
	207	+	subparagraph (II) of paragraph (a) of subsection (1) of this section as a5
	208	+	clearance level and a condition of reentry by the general public upon6
	209	+	completion of the project.7
	210	+	SECTION 6. In Colorado Revised Statutes, 25-7-504, amend (1)8
	211	+	and (2)(a) as follows:9
	212	+	25-7-504. Asbestos abatement project requirements -10
	213	+	certificate to perform asbestos abatement - certified trained persons.11
	214	+	(1) (a) Any person who inspects schools for the presence of friable12
	215	+	asbestos, prepares asbestos management plans for schools, or conducts13
	216	+	asbestos abatement services in schools shall obtain certification pursuant14
	217	+	to section 25-7-507.15
	218	+	(b) Any person
	219	+	OTHER THAN THE GENERAL ABATEMENT
	220	+	16
	221	+	CONTRACTOR who inspects public or commercial buildings ANY17
	222	+	BUILDING, FACILITY, OR PROPERTY for the presence of asbestos, prepares18
	223	+	management plans for public and commercial buildings, designs19
	224	+	abatement actions in public and commercial buildings ANY BUILDING,20
	225	+	FACILITY, OR PROPERTY, or conducts abatement actions in public and21
	226	+	commercial buildings ANY BUILDING, FACILITY, OR PROPERTY shall obtain22
	227	+	certification pursuant to section 25-7-507.23
	228	+	(2) (a) Any person A GENERAL ABATEMENT CONTRACTOR who24
	229	+	conducts asbestos abatement in any building, other than a school,25
	230	+	FACILITY, OR PROPERTY shall obtain a certificate to perform asbestos26
	231	+	abatement pursuant to section 25-7-505 unless such abatement project is27
	232	+	1232
	233	+	-7- exempt from the requirement for certification pursuant to rules and1
	234	+	regulations promulgated by the commission.2
	235	+	SECTION 7. In Colorado Revised Statutes, amend 25-7-507 as3
	236	+	follows:4
	237	+	25-7-507. Certification required under federal law for asbestos5
	238	+	projects in facilities. Pursuant to the federal "Asbestos Hazard6
	239	+	Emergency Response Act of 1986", Public Law 99-519,
	240	+	CODIFIED AT 15
	241	+	7
	242	+	U.S.C.
	243	+	SEC. 2641 ET SEQ., AS AMENDED and the federal "Asbestos School
	244	+	8
	245	+	Hazard Abatement Reauthorization Act of 1990", Public Law 101-637,9
	246	+	AS AMENDED, the division shall certify, in the manner required under the10
	247	+	federal law, all persons engaged in the inspection of schools or public or11
	248	+	commercial buildings ANY BUILDING, FACILITY, OR PROPERTY, the12
	249	+	preparation of management plans for schools or public or commercial13
	250	+	buildings ANY BUILDING, FACILITY, OR PROPERTY, the design of abatement14
	251	+	actions in schools or public or commercial buildings ANY BUILDING,15
	252	+	FACILITY, OR PROPERTY, or the conduct of abatement actions in schools16
	253	+	or public or commercial buildings ANY BUILDING, FACILITY, OR PROPERTY.17
	254	+	SECTION 8. In Colorado Revised Statutes, 25-7-507.5, amend18
	255	+	(5)(c)(I) as follows:19
	256	+	25-7-507.5. Renewal of certificates - rules - recertification.20
	257	+	(5) (c) (I) The commission shall promulgate rules governing refresher21
	258	+	training programs for persons in both school and nonschool WHO22
	259	+	CONDUCT asbestos abatement ACTIVITIES. Such programs shall not exceed23
	260	+	the requirements of refresher training mandated under the federal24
	261	+	"Asbestos Hazard Emergency Response Act of 1986", Public Law25
	262	+	99-519,
	263	+	CODIFIED AT 15 U.S.C. SEC. 2641 ET SEQ., AS AMENDED, and any
	264	+	26
	265	+	rules promulgated pursuant to such federal law.27
	266	+	1232
	267	+	-8- SECTION 9. In Colorado Revised Statutes, 25-7-509.5, amend1
	268	+	(2)(b) as follows:2
	269	+	25-7-509.5. Building permits. (2) (b) When updating the3
	270	+	application form for a permit to renovate property or a permit to demolish4
	271	+	property, the local government entity shall include on the application5
	272	+	form substantially the following information:6
	273	+	7
	274	+	G AN ASBESTOS INSPECTION HAS BEEN8
	275	+	WAS CONDUCTED ON THE BUILDING9
	276	+	MATERIALS THAT WILL BE DISTURBED BY10
	277	+	THIS PROJECT ON OR ABOUT: ________________11
	278	+	(DATE)12
	279	+	G IT WAS DETERMINED THAT AN13
	280	+	ASBESTOS INSPECTION IS NOT REQUIRED14
	281	+	UNDER STATE LAW.15
	282	+	I
	283	+	F YOU HAVE QUESTIONS REGARDING WHETHER AN16
	284	+	ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW17
	285	+	FOR YOUR PERMITTED PROJECT , PLEASE CONTACT THE18
	286	+	INDOOR ENVIRONMENT PROGRAM WITHIN THE19
	287	+	DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR20
	288	+	ADDITIONAL DETAILS BEFORE BEGINNING ANY21
	289	+	DEMOLITION OR RENOVATION . 22
	290	+	SECTION 10. In Colorado Revised Statutes, amend 25-7-511.6
	291	+	23
	292	+	as follows:24
	293	+	25-7-511.6. Refresher training - authorization. The commission25
	294	+	shall promulgate rules and regulations governing refresher training26
	295	+	programs for persons in both school and nonschool WHO CONDUCT27
	296	+	1232
	297	+	-9- asbestos abatement ACTIVITIES. Such programs shall not exceed the1
	298	+	requirements of refresher training mandated under the federal "Asbestos2
225	299		Hazard Emergency Response Act of 1986", Public Law 99-519,
226	300		CODIFIED
227		-	PAGE 6-HOUSE BILL 22-1232 AT 15 U.S.C. SEC. 2641 ET SEQ., AS AMENDED, and any rules promulgated
228		-	pursuant to such federal law.
229		-	SECTION 9. In Colorado Revised Statutes, 25-7-509.5, amend
230		-	(2)(b) as follows:
231		-	25-7-509.5. Building permits. (2) (b) When updating the
232		-	application form for a permit to renovate property or a permit to demolish
233		-	property, the local government entity shall include on the application form
234		-	substantially the following information:
235		-	G I DO NOT KNOW IF AN ASBESTOS
236		-	INSPECTION HAS BEEN CONDUCTED ON THE
237		-	BUILDING MATERIALS THAT WILL BE
238		-	DISTURBED BY THIS PROJECT.
239		-	G AN ASBESTOS INSPECTION HAS BEEN WAS
240		-	CONDUCTED ON THE BUILDING MATERIALS
241		-	THAT WILL BE DISTURBED BY THIS PROJECT ON
242		-	OR ABOUT: ________________
243		-	(DATE)
244		-	G AN ASBESTOS INSPECTION HAS NOT
245		-	BEEN CONDUCTED ON THE BUILDING
246		-	MATERIALS THAT WILL BE DISTURBED BY THIS
247		-	PROJECT.
248		-	G IT WAS DETERMINED THAT AN ASBESTOS
249		-	INSPECTION IS NOT REQUIRED UNDER STATE LAW
250		-	.
251		-	I
252		-	F YOU HAVE QUESTIONS REGARDING WHETHER AN
253		-	ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW FOR
254		-	YOUR PERMITTED PROJECT
255		-	, PLEASE CONTACT THE INDOOR
256		-	ENVIRONMENT PROGRAM WITHIN THE DEPARTMENT OF
257		-	PUBLIC HEALTH AND ENVIRONMENT FOR ADDITIONAL
258		-	DETAILS BEFORE BEGINNING ANY DEMOLITION OR
259		-	RENOVATION
260		-	.
261		-	SECTION 10. In Colorado Revised Statutes, amend 25-7-511.6 as
262		-	follows:
263		-	PAGE 7-HOUSE BILL 22-1232 25-7-511.6. Refresher training - authorization. The commission
264		-	shall promulgate rules and regulations governing refresher training
265		-	programs for persons in both school and nonschool WHO CONDUCT asbestos
266		-	abatement
267		-	ACTIVITIES. Such programs shall not exceed the requirements of
268		-	refresher training mandated under the federal "Asbestos Hazard Emergency
269		-	Response Act of 1986", Public Law 99-519,
270		-	CODIFIED AT 15 U.S.C. SEC.
271		-	2641
272		-	ET SEQ., as amended, and any rules and regulations
273		-	promulgated under
274		-	such federal law. In adopting such rules, and regulations, the commission
275		-	shall ensure that refresher training requirements are related to ensuring
276		-	continuing competency in asbestos abatement procedures. The division shall
277		-	implement a system of testing to measure the knowledge obtained by
278		-	certified persons attending such programs.
279		-	SECTION 11. Act subject to petition - effective date. This act
280		-	takes effect at 12:01 a.m. on the day following the expiration of the
281		-	ninety-day period after final adjournment of the general assembly; except
282		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
283		-	of the state constitution against this act or an item, section, or part of this act
284		-	within such period, then the act, item, section, or part will not take effect
285		-	unless approved by the people at the general election to be held in
286		-	PAGE 8-HOUSE BILL 22-1232 November 2022 and, in such case, will take effect on the date of the official
287		-	declaration of the vote thereon by the governor.
288		-	____________________________ ____________________________
289		-	Alec Garnett Steve Fenberg
290		-	SPEAKER OF THE HOUSE PRESIDENT OF
291		-	OF REPRESENTATIVES THE SENATE
292		-	____________________________ ____________________________
293		-	Robin Jones Cindi L. Markwell
294		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
295		-	OF REPRESENTATIVES THE SENATE
296		-	APPROVED________________________________________
297		-	(Date and Time)
298		-	_________________________________________
299		-	Jared S. Polis
300		-	GOVERNOR OF THE STATE OF COLORADO
301		-	PAGE 9-HOUSE BILL 22-1232
	301	+	3
	302	+	AT15 U.S.C. SEC. 2641 ET SEQ., as amended, and any rules and regulations4
	303	+	promulgated under such federal law. In adopting such rules, and5
	304	+	regulations, the commission shall ensure that refresher training6
	305	+	requirements are related to ensuring continuing competency in asbestos7
	306	+	abatement procedures. The division shall implement a system of testing8
	307	+	to measure the knowledge obtained by certified persons attending such9
	308	+	programs.10
	309	+	SECTION 11. Act subject to petition - effective date. This act11
	310	+	takes effect at 12:01 a.m. on the day following the expiration of the12
	311	+	ninety-day period after final adjournment of the general assembly; except13
	312	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V14
	313	+	of the state constitution against this act or an item, section, or part of this15
	314	+	act within such period, then the act, item, section, or part will not take16
	315	+	effect unless approved by the people at the general election to be held in17
	316	+	November 2022 and, in such case, will take effect on the date of the18
	317	+	official declaration of the vote thereon by the governor.19
	318	+	1232
	319	+	-10-