First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0496.02 Jery Payne x2157
SENATE BILL 23-148
Senate Committees House Committees
Local Government & Housing
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING PROPERTY USED TO ILLEGALLY MANUFACTURE DRUGS ,
101
AND, IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
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
.)
Under current law, the department of public health and
environment (department) certifies people who assess, decontaminate, or
sample property that contained illegal drug laboratories. The bill adds a
requirement that the department inspect the work of each certified person
at least once every 3 years. If the department determines that a certified
person failed to perform an assessment, decontamination, or sampling
SENATE
3rd Reading Unamended
April 24, 2023
SENATE
Amended 2nd Reading
April 21, 2023
SENATE SPONSORSHIP
Cutter, Buckner, Coleman, Exum, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Marchman,
Moreno, Priola
HOUSE SPONSORSHIP
Lindsay,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. correctly, the department is directed to require the person to participate
in remedial education or, if the failure was willful and is likely to be
repeated, the department shall decertify the person.
The bill requires the department to create a public database of
buildings that have been used as illegal drug laboratories. A building must
be removed from the database 5 years after the property has been
decontaminated.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 25-18.5-103, amend
2
(2)(a) introductory portion and (2)(a)(I) as follows:3
25-18.5-103. Discovery of illegal drug laboratory - property4
owner - cleanup - liability. (2) (a) Except as specified in paragraph (b)5
of this subsection (2) SUBSECTION (2)(b) OF THIS SECTION, once a property6
owner has received certificates of compliance from a contractor and a7
consultant in accordance with section 25-18.5-102 (1)(e), or has8
demolished the property, or has met the clean-up standards and9
documentation requirements of this section as it existed before August 7,10
2013, the property owner:11
(I) Shall furnish copies of the certificates of compliance to the12
governing body
AND THE DEPARTMENT; and
13
SECTION 2. In Colorado Revised Statutes, 25-18.5-106, add (2)14
as follows:15
25-18.5-106. Powers and duties of department. (2) O
N AND
16
AFTER JANUARY 1, 2024, THE DEPARTMENT SHALL CREATE AND MAKE17
AVAILABLE TO THE PUBLIC AN ONLINE DATABASE OF ANY RESIDENTIAL18
REAL PROPERTY, AS DEFINED IN SECTION 38-35.7-103 (5), THAT HAS BEEN19
USED AS AN ILLEGAL DRUG LABORATORY THAT MANUFACTURED20
METHAMPHETAMINE . THE DEPARTMENT SHALL REMOVE A RESIDENTIAL21
REAL PROPERTY FROM THE DATABASE FIVE YEARS AFTER THE LATER DATE22
148-2- ON THE CERTIFICATES OF COMPLIANCE ISSUED BY A CONTRACTOR AND A1
CONSULTANT IN ACCORDANCE WITH SECTION 25-18.5-102 (1)(e).2
SECTION 3. In Colorado Revised Statutes, add 25-18.5-110 as3
follows:4
25-18.5-110. Reporting - rules. (1) U
PON DISCOVERING AN
5
ILLEGAL DRUG LABORATORY THAT MANUFACTURED METHAMPHETAMINE6
ON A RESIDENTIAL REAL PROPERTY, AS DEFINED IN SECTION 38-35.7-1037
(5),
A LAW ENFORCEMENT AGENCY AND A CERTIFIED INDUSTRIAL
8
HYGIENIST SHALL NOTIFY THE DEPARTMENT OF THE FACT . THE NOTICE9
MUST INCLUDE THE PROPERTY 'S ADDRESS, THE NAME OF THE PROPERTY10
OWNER, AND ANY OTHER INFORMATION REQUIRED BY RULE ADOPTED11
PURSUANT TO SUBSECTION (2) OF THIS SECTION.12
(2) T
HE BOARD MAY ADOPT RULES AS NECESSARY TO SPECIFY ANY
13
ADDITIONAL INFORMATION THAT MUST BE INCLUDED IN THE NOTICE14
REQUIRED BY SUBSECTION (1) OF THIS SECTION.15
SECTION 4. In Colorado Revised Statutes, 38-12-505, amend16
(1)(b)(XI) and (1)(b)(XII); and add (1)(b)(XIII) as follows:17
38-12-505. Uninhabitable residential premises. (1) A18
residential premises is deemed uninhabitable if:19
(b) It substantially lacks any of the following characteristics:20
(XI) Locks on all exterior doors and locks or security devices on21
windows designed to be opened that are maintained in good working22
order; or23
(XII) Compliance with all applicable building, housing, and health24
codes, the violation of which would constitute a condition that materially25
interferes with the life, health, or safety of the tenant;
OR
26
(XIII) R
EMEDIATION IN COMPLIANCE WITH ARTICLE 18.5 OF TITLE
27
148
-3- 25 IF THE RESIDENTIAL PREMISES WAS USED AS AN ILLEGAL DRUG1
LABORATORY, AS DEFINED IN SECTION 25-18.5-101 (8), THAT2
MANUFACTURED METHAMPHETAMINE .3
SECTION 5. In Colorado Revised Statutes, 38-35.7-103, amend4
(4) and (5) as follows:5
38-35.7-103. Disclosure - methamphetamine laboratory. (4) If6
the seller becomes aware that the property was an illegal7
METHAMPHETAMINE drug laboratory, and remediates the property in8
accordance with the standards established by PURSUANT TO section9
25-18.5-102, C.R.S., and receives certificates of compliance under10
section 25-18.5-102 (1)(e), C.R.S., then:11
(a) The seller shall not be IS NOT required to disclose that the12
property was used as a methamphetamine AN ILLEGAL13
METHAMPHETAMINE DRUG laboratory to a buyer; and14
(b) F
IVE YEARS AFTER THE LATER DATE ON THE CERTIFICATES OF
15
COMPLIANCE ISSUED PURSUANT TO SECTION 25-18.5-102 (1)(e), the16
property is no longer eligible for inclusion in any government-sponsored17
informational service INCLUDED IN THE DATABASE listing properties that18
have been used for the production of AS AN ILLEGAL methamphetamine19
DRUG LABORATORY IN ACCORDANCE WITH SECTION 25-18.5-106 (2).20
(5) For purposes of this section, "residential real property"
OR
21
"
PROPERTY" includes a manufactured home; mobile home; condominium;
22
townhome; home sold by the owner, a financial institution, or the federal23
department of housing and urban development; rental property, including24
an apartment; and short-term residence such as a motel or hotel.25
SECTION 6. Appropriation. For the 2023-24 state fiscal year,26
$106,798 is appropriated to the department of public health and27
148
-4- environment for use by the hazardous materials and waste management1
division. This appropriation is from the general fund and is based on an2
assumption that the division will require an additional 1.4 FTE. To3
implement this act, the division may use this appropriation for program4
costs.5
SECTION 7. Act subject to petition - effective date -6
applicability. (1) This act takes effect at 12:01 a.m. on the day following7
the expiration of the ninety-day period after final adjournment of the8
general assembly; except that, if a referendum petition is filed pursuant9
to section 1 (3) of article V of the state constitution against this act or an10
item, section, or part of this act within such period, then the act, item,11
section, or part will not take effect unless approved by the people at the12
general election to be held in November 2024 and, in such case, will take13
effect on the date of the official declaration of the vote thereon by the14
governor.15
(2) This act applies to residential properties on which an illegal16
methamphetamine drug laboratory has been discovered on or after the17
applicable effective date of this act.18
148
-5-