| Old | New | Differences | |
|---|---|---|---|
| 1 | + | First Regular Session | |
| 2 | + | Seventy-fourth General Assembly | |
| 3 | + | STATE OF COLORADO | |
| 4 | + | REREVISED | |
| 5 | + | This Version Includes All Amendments | |
| 6 | + | Adopted in the Second House | |
| 7 | + | LLS NO. 23-0898.01 Jery Payne x2157 | |
| 1 | 8 | SENATE BILL 23-206 | |
| 2 | - | BY SENATOR(S) Winter F., Buckner, Cutter, Exum, Fields, Gonzales, | |
| 3 | - | Jaquez Lewis, Marchman, Moreno, Priola, Fenberg; | |
| 4 | - | also REPRESENTATIVE(S) Michaelson Jenet and Sirota, Bacon, Bird, | |
| 5 | - | Boesenecker, Brown, Duran, English, Hamrick, Joseph, Kipp, Lieder, | |
| 6 | - | Lindsay, Lindstedt, Mabrey, Ricks, Snyder, Valdez, Velasco, Willford. | |
| 9 | + | Senate Committees House Committees | |
| 10 | + | Local Government & Housing Public & Behavioral Health & Human Services | |
| 11 | + | A BILL FOR AN ACT | |
| 7 | 12 | C | |
| 8 | - | ONCERNING INFORMATION ABOUT RADON IN RESIDENTIAL REAL PROPERTY | |
| 9 | - | TRANSACTIONS | |
| 10 | - | . | |
| 11 | - | ||
| 12 | - | Be it enacted by the General Assembly of the State of Colorado: | |
| 13 | - | SECTION 1. Legislative declaration. (1) The general assembly | |
| 14 | - | finds and declares that: | |
| 15 | - | (a) Radon is an odorless, colorless, tasteless, and radioactive gas that | |
| 16 | - | occurs naturally in soil and groundwater, enters buildings through openings | |
| 17 | - | in foundations, and, unless vented to the atmosphere, accumulates in | |
| 18 | - | buildings; | |
| 19 | - | (b) Radon is recognized by the United States surgeon general and | |
| 20 | - | the World Health Organization as a carcinogenic toxin; | |
| 21 | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative | |
| 22 | - | officers and the Governor. To determine whether the Governor has signed the bill | |
| 23 | - | or taken other action on it, please consult the legislative status sheet, the legislative | |
| 24 | - | history, or the Session Laws. | |
| 25 | - | ________ | |
| 26 | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes | |
| 27 | - | through words or numbers indicate deletions from existing law and such material is not part of | |
| 28 | - | the act. (c) Radon is the leading cause of lung cancer in nonsmokers and the | |
| 29 | - | second leading cause of all lung cancer in the United States; | |
| 30 | - | (d) Prolonged exposure to radon threatens the health of Colorado | |
| 31 | - | residents and families and is associated with increases in the risk of lung | |
| 32 | - | cancer; | |
| 33 | - | (e) Radon exposure is responsible for the deaths of approximately | |
| 34 | - | five hundred Coloradans each year and for twenty-one thousand lung cancer | |
| 35 | - | deaths nationwide; | |
| 36 | - | (f) Elevated radon levels have been detected in every Colorado | |
| 37 | - | county; | |
| 38 | - | (g) A home in Colorado may have elevated levels of radon even if | |
| 39 | - | other homes in that neighborhood do not; | |
| 40 | - | (h) Radon levels may change over time, and the United States | |
| 41 | - | environmental protection agency recommends that homes should be tested | |
| 42 | - | every two years; | |
| 43 | - | (i) Nearly half of all homes tested in Colorado return results at or | |
| 44 | - | above the United States environmental protection agency's recommended | |
| 45 | - | action level of four picocuries per liter (pCi/L); | |
| 46 | - | (j) Clear disclosure through stand-alone radon notifications during | |
| 47 | - | real estate transactions has been shown to greatly increase voluntary testing | |
| 48 | - | and improve public health outcomes; | |
| 49 | - | (k) Testing for radon is simple and inexpensive, and identified radon | |
| 50 | - | problems can be readily mitigated; | |
| 51 | - | (l) Colorado recently began licensing and regulating radon | |
| 52 | - | measurement and radon mitigation professionals to help ensure the public | |
| 53 | - | has reliable access to qualified providers offering high-quality testing and | |
| 54 | - | mitigation services that help improve public health; and | |
| 55 | - | (m) Financial assistance for radon testing and mitigation services is | |
| 56 | - | available to help address health disparities and access for low-income | |
| 57 | - | individuals and families in disproportionately impacted communities | |
| 58 | - | PAGE 2-SENATE BILL 23-206 through the Colorado department of public health and environment's radon | |
| 59 | - | mitigation assistance program for low-income individuals. | |
| 60 | - | (2) The general assembly further declares that there is a need to | |
| 61 | - | protect human health, prevent exposure to elevated concentrations of radon, | |
| 62 | - | and avoid higher rates of mortality from lung cancer by requiring | |
| 63 | - | disclosures to increase awareness in residential real estate transactions about | |
| 64 | - | the presence of and risks from radon exposure. | |
| 65 | - | SECTION 2. In Colorado Revised Statutes, add 38-35.7-112 as | |
| 66 | - | follows: | |
| 67 | - | 38-35.7-112. Disclosure - elevated radon - rules - definition. | |
| 13 | + | ONCERNING INFORMATION ABOU T RADON IN RESIDENTIAL REAL101 | |
| 14 | + | PROPERTY TRANSACTIONS .102 | |
| 15 | + | Bill Summary | |
| 16 | + | (Note: This summary applies to this bill as introduced and does | |
| 17 | + | not reflect any amendments that may be subsequently adopted. If this bill | |
| 18 | + | passes third reading in the house of introduction, a bill summary that | |
| 19 | + | applies to the reengrossed version of this bill will be available at | |
| 20 | + | http://leg.colorado.gov | |
| 21 | + | .) | |
| 22 | + | The bill requires the seller of residential real estate and a landlord | |
| 23 | + | of residential real estate to provide to prospective buyers and tenants in | |
| 24 | + | writing: | |
| 25 | + | ! A warning statement about the dangers of radon and the | |
| 26 | + | need for testing; | |
| 27 | + | ! Any knowledge the seller or landlord has of the residential | |
| 28 | + | HOUSE | |
| 29 | + | 3rd Reading Unamended | |
| 30 | + | April 21, 2023 | |
| 31 | + | HOUSE | |
| 32 | + | 2nd Reading Unamended | |
| 33 | + | April 19, 2023 | |
| 34 | + | SENATE | |
| 35 | + | 3rd Reading Unamended | |
| 36 | + | April 14, 2023 | |
| 37 | + | SENATE | |
| 38 | + | Amended 2nd Reading | |
| 39 | + | April 13, 2023 | |
| 40 | + | SENATE SPONSORSHIP | |
| 41 | + | Winter F., Buckner, Cutter, Exum, Fenberg, Fields, Gonzales, Jaquez Lewis, Marchman, | |
| 42 | + | Moreno, Priola | |
| 43 | + | HOUSE SPONSORSHIP | |
| 44 | + | Michaelson Jenet and Sirota, Bacon, Bird, Boesenecker, Brown, Duran, English, | |
| 45 | + | Hamrick, Joseph, Kipp, Lieder, Lindsay, Lindstedt, Mabrey, Ricks, Snyder, Valdez, Velasco, | |
| 46 | + | Willford | |
| 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 law. | |
| 49 | + | Dashes through the words or numbers indicate deletions from existing law. real property's radon concentrations and history, including | |
| 50 | + | tests performed, reports written, and mitigation conducted; | |
| 51 | + | and | |
| 52 | + | ! A copy of the most recent brochure published by the | |
| 53 | + | department of public health and environment that provides | |
| 54 | + | advice about radon in real estate transactions. | |
| 55 | + | If a seller fails to provide the written disclosures, the buyer has a | |
| 56 | + | claim for relief against the seller for damages to the buyer resulting from | |
| 57 | + | the failure plus court costs. If a landlord fails to provide the written | |
| 58 | + | disclosures or fails to mitigate an elevated radon level, the tenant may | |
| 59 | + | void the lease without penalty. | |
| 60 | + | A real estate broker must take reasonable steps to ensure the real | |
| 61 | + | estate broker's clients comply with the bill. | |
| 62 | + | Be it enacted by the General Assembly of the State of Colorado:1 | |
| 63 | + | SECTION 1. Legislative declaration. (1) The general assembly2 | |
| 64 | + | finds and declares that:3 | |
| 65 | + | (a) Radon is an odorless, colorless, tasteless, and radioactive gas4 | |
| 66 | + | that occurs naturally in soil and groundwater, enters buildings through5 | |
| 67 | + | openings in foundations, and, unless vented to the atmosphere,6 | |
| 68 | + | accumulates in buildings;7 | |
| 69 | + | (b) Radon is recognized by the United States surgeon general and8 | |
| 70 | + | the World Health Organization as a carcinogenic toxin;9 | |
| 71 | + | (c) Radon is the leading cause of lung cancer in nonsmokers and10 | |
| 72 | + | the second leading cause of all lung cancer in the United States;11 | |
| 73 | + | (d) Prolonged exposure to radon threatens the health of Colorado12 | |
| 74 | + | residents and families and is associated with increases in the risk of lung13 | |
| 75 | + | cancer;14 | |
| 76 | + | (e) Radon exposure is responsible for the deaths of approximately15 | |
| 77 | + | five hundred Coloradans each year and for twenty-one thousand lung16 | |
| 78 | + | cancer deaths nationwide;17 | |
| 79 | + | (f) Elevated radon levels have been detected in every Colorado18 | |
| 80 | + | 206-2- county;1 | |
| 81 | + | (g) A home in Colorado may have elevated levels of radon even2 | |
| 82 | + | if other homes in that neighborhood do not;3 | |
| 83 | + | (h) Radon levels may change over time, and the United States4 | |
| 84 | + | environmental protection agency recommends that homes should be5 | |
| 85 | + | tested every two years;6 | |
| 86 | + | (i) Nearly half of all homes tested in Colorado return results at or7 | |
| 87 | + | above the United States environmental protection agency's recommended8 | |
| 88 | + | action level of four picocuries per liter (pCi/L);9 | |
| 89 | + | (j) Clear disclosure through stand-alone radon notifications during10 | |
| 90 | + | real estate transactions has been shown to greatly increase voluntary11 | |
| 91 | + | testing and improve public health outcomes;12 | |
| 92 | + | (k) Testing for radon is simple and inexpensive, and identified13 | |
| 93 | + | radon problems can be readily mitigated;14 | |
| 94 | + | (l) Colorado recently began licensing and regulating radon15 | |
| 95 | + | measurement and radon mitigation professionals to help ensure the public16 | |
| 96 | + | has reliable access to qualified providers offering high-quality testing and17 | |
| 97 | + | mitigation services that help improve public health; and18 | |
| 98 | + | (m) Financial assistance for radon testing and mitigation services19 | |
| 99 | + | is available to help address health disparities and access for low-income20 | |
| 100 | + | individuals and families in disproportionately impacted communities21 | |
| 101 | + | through the Colorado department of public health and environment's22 | |
| 102 | + | radon mitigation assistance program for low-income individuals.23 | |
| 103 | + | (2) The general assembly further declares that there is a need to24 | |
| 104 | + | protect human health, prevent exposure to elevated concentrations of25 | |
| 105 | + | radon, and avoid higher rates of mortality from lung cancer by requiring26 | |
| 106 | + | disclosures to increase awareness in residential real estate transactions27 | |
| 107 | + | 206 | |
| 108 | + | -3- about the presence of and risks from radon exposure.1 | |
| 109 | + | SECTION 2. In Colorado Revised Statutes, add 38-35.7-111 as2 | |
| 110 | + | follows:3 | |
| 111 | + | 38-35.7-111. Disclosure - elevated radon - rules - definition.4 | |
| 68 | 112 | (1) A | |
| 69 | - | BUYER OF RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE | |
| 70 | - | INFORMED OF WHETHER THE PROPERTY HAS BEEN TESTED FOR ELEVATED | |
| 71 | - | LEVELS OF RADON | |
| 72 | - | . | |
| 113 | + | BUYER OF RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE5 | |
| 114 | + | INFORMED OF WHETHER THE PROPERTY HAS BEEN TESTED FOR ELEVATED6 | |
| 115 | + | LEVELS OF RADON.7 | |
| 73 | 116 | (2) (a) E | |
| 74 | 117 | ACH CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY | |
| 75 | - | MUST CONTAIN THE FOLLOWING DISCLOSURE IN BOLD | |
| 76 | - | -FACED TYPE THAT IS | |
| 77 | - | CLEARLY LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS | |
| 78 | - | FOLLOWS | |
| 79 | - | : | |
| 118 | + | 8 | |
| 119 | + | MUST CONTAIN THE FOLLOWING DISCLOSURE IN BOLD -FACED TYPE THAT9 | |
| 120 | + | IS CLEARLY LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED10 | |
| 121 | + | AS FOLLOWS:11 | |
| 80 | 122 | T | |
| 81 | - | HE COLORADO DEPARTMENT OF PUBLIC HEALTH | |
| 82 | - | AND | |
| 83 | - | ENVIRONMENT STRONGLY RECOMMENDS THAT ALL | |
| 84 | - | HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED | |
| 85 | - | BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND | |
| 86 | - | RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF | |
| 87 | - | ELEVATED RADON CONCENTRATIONS ARE FOUND | |
| 88 | - | . | |
| 89 | - | E | |
| 90 | - | LEVATED RADON CONCENTRATIONS CAN BE REDUCED BY | |
| 91 | - | A RADON MITIGATION PROFESSIONAL | |
| 92 | - | . | |
| 123 | + | HE COLORADO DEPARTMENT OF PUBLIC12 | |
| 124 | + | H | |
| 125 | + | EALTH AND ENVIRONMENT STRONGLY RECOMMENDS13 | |
| 126 | + | THAT ALL HOME BUYERS HAVE AN INDOOR RADON TEST14 | |
| 127 | + | PERFORMED BEFORE PURCHASING RESIDENTIAL REAL15 | |
| 128 | + | PROPERTY AND RECOMMENDS HAVING THE RADON16 | |
| 129 | + | LEVELS MITIGATED IF ELEVATED RADON17 | |
| 130 | + | CONCENTRATIONS ARE FOUND . ELEVATED RADON18 | |
| 131 | + | CONCENTRATIONS CAN BE REDUCED BY A RADON19 | |
| 132 | + | MITIGATION PROFESSIONAL .20 | |
| 93 | 133 | R | |
| 94 | - | ESIDENTIAL REAL PROPERTY MAY PRESENT | |
| 95 | - | EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS | |
| 96 | - | THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING | |
| 97 | - | RADON | |
| 98 | - | -INDUCED LUNG CANCER . RADON, A CLASS A HUMAN | |
| 99 | - | CARCINOGEN | |
| 100 | - | , IS THE LEADING CAUSE OF LUNG CANCER IN | |
| 101 | - | NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG | |
| 102 | - | CANCER OVERALL | |
| 103 | - | . THE SELLER OF RESIDENTIAL REAL | |
| 104 | - | PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY | |
| 105 | - | KNOWN INFORMATION ON RADON TEST RESULTS OF THE | |
| 106 | - | RESIDENTIAL REAL PROPERTY | |
| 107 | - | . | |
| 108 | - | PAGE 3-SENATE BILL 23-206 (b) EACH CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY OR | |
| 109 | - | SELLER | |
| 110 | - | 'S PROPERTY DISCLOSURE FOR RESIDENTIAL REAL PROPERTY MUST | |
| 111 | - | CONTAIN THE FOLLOWING DISCLOSURES | |
| 112 | - | : | |
| 113 | - | (I) A | |
| 114 | - | NY KNOWLEDGE THE SELLER HAS OF THE RESIDENTIAL REAL | |
| 115 | - | PROPERTY | |
| 116 | - | 'S RADON CONCENTRATIONS , INCLUDING THE FOLLOWING | |
| 117 | - | INFORMATION | |
| 118 | - | : | |
| 134 | + | ESIDENTIAL REAL PROPERTY MAY PRESENT21 | |
| 135 | + | EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON22 | |
| 136 | + | GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF23 | |
| 137 | + | DEVELOPING RADON -INDUCED LUNG CANCER . RADON, A24 | |
| 138 | + | C | |
| 139 | + | LASS A HUMAN CARCINOGEN, IS THE LEADING CAUSE OF25 | |
| 140 | + | LUNG CANCER IN NONSMOKERS AND THE SECOND26 | |
| 141 | + | LEADING CAUSE OF LUNG CANCER OVERALL . THE SELLER27 | |
| 142 | + | 206 | |
| 143 | + | -4- OF RESIDENTIAL REAL PROPERTY IS REQUIRED TO1 | |
| 144 | + | PROVIDE THE BUYER WITH ANY KNOWN INFORMATION ON2 | |
| 145 | + | RADON TEST RESULTS OF THE RESIDENTIAL REAL3 | |
| 146 | + | PROPERTY.4 | |
| 147 | + | (b) E | |
| 148 | + | ACH CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY OR | |
| 149 | + | 5 | |
| 150 | + | SELLER'S PROPERTY DISCLOSURE FOR RESIDENTIAL REAL PROPERTY MUST6 | |
| 151 | + | CONTAIN THE FOLLOWING DISCLOSURES :7 | |
| 152 | + | (I) ANY KNOWLEDGE THE SELLER HAS OF THE RESIDENTIAL REAL8 | |
| 153 | + | PROPERTY'S RADON CONCENTRATIONS , INCLUDING THE FOLLOWING9 | |
| 154 | + | INFORMATION:10 | |
| 119 | 155 | (A) W | |
| 120 | - | HETHER A RADON TEST OR TESTS HAVE BEEN CONDUCTED ON | |
| 121 | - | THE RESIDENTIAL REAL PROPERTY | |
| 122 | - | ; | |
| 156 | + | HETHER A RADON TEST OR TESTS HAVE BEEN CONDUCTED ON11 | |
| 157 | + | THE RESIDENTIAL REAL PROPERTY;12 | |
| 123 | 158 | (B) T | |
| 124 | - | HE MOST RECENT RECORDS AND REPORTS PERTAINING TO | |
| 125 | - | RADON CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY | |
| 126 | - | ; | |
| 159 | + | HE MOST RECENT RECORDS AND REPORTS PERTAINING TO13 | |
| 160 | + | RADON CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY ;14 | |
| 127 | 161 | (C) A | |
| 128 | - | DESCRIPTION OF ANY RADON CONCENTRATIONS | |
| 129 | - | MITIGATION OR REMEDIATION PERFORMED | |
| 130 | - | ||
| 131 | - | ||
| 132 | - | ||
| 133 | - | ; | |
| 134 | - | (II) | |
| 135 | - | ||
| 136 | - | ||
| 137 | - | ||
| 138 | - | ||
| 139 | - | . | |
| 162 | + | DESCRIPTION OF ANY RADON CONCENTRATIONS DETECTED15 | |
| 163 | + | OR MITIGATION OR REMEDIATION PERFORMED ; AND16 | |
| 164 | + | (D) I | |
| 165 | + | NFORMATION REGARDING WHETHER | |
| 166 | + | A RADON MITIGATION17 | |
| 167 | + | SYSTEM HAS BEEN INSTALLED IN THE RESIDENTIAL REAL PROPERTY ; AND18 | |
| 168 | + | (II) A | |
| 169 | + | N ELECTRONIC OR PAPER COPY OF | |
| 170 | + | THE MOST RECENT19 | |
| 171 | + | BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND20 | |
| 172 | + | ENVIRONMENT IN ACCORDANCE WITH SECTION 25-11-114 (2)(a) THAT21 | |
| 173 | + | PROVIDES ADVICE ABOUT RADON IN REAL ESTATE TRANSACTIONS .22 | |
| 140 | 174 | (c) T | |
| 141 | 175 | HE REAL ESTATE COMMISSION SHALL PROMULGATE RULES | |
| 142 | - | ||
| 143 | - | : | |
| 176 | + | 23 | |
| 177 | + | REQUIRING:24 | |
| 144 | 178 | (I) E | |
| 145 | 179 | ACH CONTRACT THAT IS FOR THE PURCHASE AND SALE OF | |
| 146 | - | RESIDENTIAL REAL PROPERTY AND THAT IS SUBJECT TO THE REAL ESTATE | |
| 147 | - | COMMISSION | |
| 148 | - | 'S JURISDICTION TO INCLUDE THE STATEMENT DESCRIBED IN | |
| 149 | - | SUBSECTION | |
| 150 | - | (2)(a) OF THIS SECTION IN BOLD-FACED TYPE THAT IS CLEARLY | |
| 151 | - | LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS DESCRIBED IN SUBSECTION | |
| 152 | - | (2)(a) OF THIS SECTION; AND | |
| 153 | - | (II) EACH CONTRACT FOR SALE OR SELLER'S PROPERTY DISCLOSURE | |
| 154 | - | FOR RESIDENTIAL REAL PROPERTY TO INCLUDE THE DISCLOSURES DESCRIBED | |
| 155 | - | IN SUBSECTION | |
| 156 | - | (2)(b) OF THIS SECTION, INCLUDING RULES THAT SPECIFY THE | |
| 157 | - | FORMAT AND MANNER FOR DELIVERY OF THE BROCHURE | |
| 158 | - | . | |
| 159 | - | PAGE 4-SENATE BILL 23-206 (3) AS USED IN THIS SECTION: | |
| 180 | + | 25 | |
| 181 | + | RESIDENTIAL REAL PROPERTY AND THAT IS SUBJECT TO THE REAL ESTATE26 | |
| 182 | + | COMMISSION'S JURISDICTION TO INCLUDE THE STATEMENT DESCRIBED IN27 | |
| 183 | + | 206 | |
| 184 | + | -5- SUBSECTION (2)(a) OF THIS SECTION IN BOLD-FACED TYPE THAT IS1 | |
| 185 | + | CLEARLY LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS DESCRIBED IN2 | |
| 186 | + | SUBSECTION (2)(a) OF THIS SECTION; AND3 | |
| 187 | + | (II) E | |
| 188 | + | ACH CONTRACT FOR SALE OR SELLER'S PROPERTY DISCLOSURE | |
| 189 | + | 4 | |
| 190 | + | FOR RESIDENTIAL REAL PROPERTY TO INCLUDE THE DISCLOSURES5 | |
| 191 | + | DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION, INCLUDING RULES6 | |
| 192 | + | THAT SPECIFY THE FORMAT AND MANNER FOR DELIVERY OF THE7 | |
| 193 | + | BROCHURE.8 | |
| 194 | + | (3) AS USED IN THIS SECTION:9 | |
| 160 | 195 | (a) "R | |
| 161 | 196 | EAL ESTATE COMMISSION " MEANS THE REAL ESTATE | |
| 162 | - | ||
| 163 | - | 12-10-206. | |
| 197 | + | 10 | |
| 198 | + | COMMISSION CREATED IN SECTION 12-10-206.11 | |
| 164 | 199 | (b) "R | |
| 165 | - | ESIDENTIAL REAL PROPERTY" INCLUDES: | |
| 166 | - | (I) A | |
| 167 | - | SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE HOME, | |
| 168 | - | CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR | |
| 169 | - | (II) A HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR THE | |
| 170 | - | UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT . | |
| 171 | - | SECTION 3. In Colorado Revised Statutes, add 38-12-803 as | |
| 172 | - | follows: | |
| 173 | - | 38-12-803. Disclosure - elevated radon - definition. (1) A | |
| 174 | - | TENANT | |
| 175 | - | THAT RENTS RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE INFORMED | |
| 176 | - | OF WHETHER THE PROPERTY HAS BEEN TESTED FOR ELEVATED LEVELS OF | |
| 177 | - | RADON | |
| 178 | - | . | |
| 200 | + | ESIDENTIAL | |
| 201 | + | REAL PROPERTY" INCLUDES:12 | |
| 202 | + | (I) A SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE13 | |
| 203 | + | HOME, CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR14 | |
| 204 | + | (II) A HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR15 | |
| 205 | + | THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN16 | |
| 206 | + | DEVELOPMENT.17 | |
| 207 | + | SECTION 3. In Colorado Revised Statutes, add 38-12-803 as18 | |
| 208 | + | follows:19 | |
| 209 | + | 38-12-803. Disclosure - elevated radon - definition. (1) A20 | |
| 210 | + | TENANT THAT RENTS RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE21 | |
| 211 | + | INFORMED OF WHETHER THE PROPERTY HAS BEEN TESTED FOR ELEVATED22 | |
| 212 | + | LEVELS OF RADON.23 | |
| 179 | 213 | (2) (a) B | |
| 180 | - | EFORE SIGNING A LEASE AGREEMENT FOR RESIDENTIAL REAL | |
| 181 | - | PROPERTY | |
| 182 | - | , THE LANDLORD SHALL DISCLOSE AND PROVIDE IN WRITING TO | |
| 183 | - | THE TENANT THE FOLLOWING INFORMATION IN A DOCUMENT THAT THE | |
| 184 | - | TENANT SIGNS TO ACKNOWLEDGE RECEIPT OF THE DISCLOSURE | |
| 185 | - | : | |
| 186 | - | (I) A | |
| 187 | - | WARNING STATEMENT IN BOLD-FACED TYPE THAT IS CLEARLY | |
| 188 | - | LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS FOLLOWS | |
| 189 | - | : | |
| 214 | + | EFORE SIGNING A LEASE AGREEMENT FOR RESIDENTIAL24 | |
| 215 | + | REAL PROPERTY, THE LANDLORD SHALL DISCLOSE AND PROVIDE IN25 | |
| 216 | + | WRITING TO THE TENANT THE FOLLOWING INFORMATION IN A DOCUMENT26 | |
| 217 | + | THAT THE TENANT SIGNS TO ACKNOWLEDGE RECEIPT OF THE DISCLOSURE :27 | |
| 218 | + | 206 | |
| 219 | + | -6- (I) A WARNING STATEMENT IN BOLD-FACED TYPE THAT IS CLEARLY1 | |
| 220 | + | LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS FOLLOWS :2 | |
| 190 | 221 | T | |
| 191 | - | HE COLORADO DEPARTMENT OF PUBLIC HEALTH | |
| 192 | - | AND | |
| 193 | - | ENVIRONMENT STRONGLY RECOMMENDS THAT ALL | |
| 194 | - | TENANTS HAVE AN INDOOR RADON TEST PERFORMED | |
| 195 | - | BEFORE LEASING RESIDENTIAL REAL PROPERTY AND | |
| 196 | - | RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF | |
| 197 | - | ELEVATED RADON CONCENTRATIONS ARE FOUND | |
| 198 | - | . | |
| 199 | - | E | |
| 200 | - | LEVATED RADON CONCENTRATIONS CAN BE REDUCED BY | |
| 201 | - | A RADON MITIGATION PROFESSIONAL | |
| 202 | - | . | |
| 222 | + | HE COLORADO DEPARTMENT OF PUBLIC3 | |
| 223 | + | H | |
| 224 | + | EALTH AND ENVIRONMENT STRONGLY RECOMMENDS4 | |
| 225 | + | THAT ALL TENANTS HAVE AN INDOOR RADON TEST5 | |
| 226 | + | PERFORMED BEFORE LEASING RESIDENTIAL REAL6 | |
| 227 | + | PROPERTY AND RECOMMENDS HAVING THE RADON7 | |
| 228 | + | LEVELS MITIGATED IF ELEVATED RADON8 | |
| 229 | + | CONCENTRATIONS ARE FOUND . ELEVATED RADON9 | |
| 230 | + | CONCENTRATIONS CAN BE REDUCED BY A RADON10 | |
| 231 | + | MITIGATION PROFESSIONAL .11 | |
| 203 | 232 | R | |
| 204 | - | ESIDENTIAL REAL PROPERTY MAY PRESENT | |
| 205 | - | EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS | |
| 206 | - | THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING | |
| 207 | - | RADON | |
| 208 | - | -INDUCED LUNG CANCER. RADON, A CLASS A HUMAN | |
| 209 | - | PAGE 5-SENATE BILL 23-206 CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN | |
| 210 | - | NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG | |
| 211 | - | CANCER OVERALL | |
| 212 | - | . A LANDLORD IS REQUIRED TO PROVIDE | |
| 213 | - | THE TENANT WITH ANY KNOWN INFORMATION ON RADON | |
| 214 | - | TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY | |
| 215 | - | . | |
| 233 | + | ESIDENTIAL REAL PROPERTY MAY PRESENT12 | |
| 234 | + | EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON13 | |
| 235 | + | GAS THAT MAY PLACE THE OCCUPANTS AT RISK OF14 | |
| 236 | + | DEVELOPING RADON -INDUCED LUNG CANCER . RADON, A15 | |
| 237 | + | C | |
| 238 | + | LASS A HUMAN CARCINOGEN , IS THE LEADING CAUSE OF16 | |
| 239 | + | LUNG CANCER IN NONSMOKERS AND THE SECOND17 | |
| 240 | + | LEADING CAUSE OF LUNG CANCER OVERALL . A18 | |
| 241 | + | LANDLORD IS REQUIRED TO PROVIDE THE TENANT WITH19 | |
| 242 | + | ANY KNOWN INFORMATION ON RADON TEST RESULTS OF20 | |
| 243 | + | THE RESIDENTIAL REAL PROPERTY .21 | |
| 216 | 244 | (II) A | |
| 217 | - | NY KNOWLEDGE THE LANDLORD HAS OF THE RESIDENTIAL REAL | |
| 218 | - | PROPERTY | |
| 219 | - | 'S RADON CONCENTRATIONS , INCLUDING THE FOLLOWING | |
| 220 | - | INFORMATION | |
| 221 | - | : | |
| 245 | + | NY KNOWLEDGE THE LANDLORD HAS OF THE RESIDENTIAL22 | |
| 246 | + | REAL PROPERTY'S RADON CONCENTRATIONS , INCLUDING THE FOLLOWING23 | |
| 247 | + | INFORMATION:24 | |
| 222 | 248 | (A) W | |
| 223 | - | HETHER A RADON TEST OR TESTS HAVE BEEN CONDUCTED ON | |
| 224 | - | THE RESIDENTIAL REAL PROPERTY | |
| 225 | - | ; | |
| 249 | + | HETHER A RADON TEST OR TESTS HAVE BEEN CONDUCTED ON25 | |
| 250 | + | THE RESIDENTIAL REAL PROPERTY;26 | |
| 226 | 251 | (B) T | |
| 227 | - | HE MOST CURRENT RECORDS AND REPORTS PERTAINING | |
| 228 | - | ||
| 229 | - | ; | |
| 252 | + | HE MOST CURRENT RECORDS AND REPORTS PERTAINING TO27 | |
| 253 | + | 206 | |
| 254 | + | -7- RADON CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY ;1 | |
| 230 | 255 | (C) A | |
| 231 | - | DESCRIPTION OF ANY RADON CONCENTRATIONS DETECTED OR | |
| 232 | - | MITIGATION OR REMEDIATION PERFORMED | |
| 233 | - | ; AND | |
| 234 | - | (D) INFORMATION REGARDING ANY RADON MITIGATION SYSTEM , | |
| 235 | - | INCLUDING A SYSTEM DESCRIPTION AND DOCUMENTATION , IF A RADON | |
| 236 | - | MITIGATION SYSTEM HAS BEEN INSTALLED IN THE RESIDENTIAL REAL | |
| 237 | - | PROPERTY | |
| 238 | - | ; AND | |
| 239 | - | (III) A COPY OF THE MOST RECENT BROCHURE PUBLISHED BY THE | |
| 240 | - | DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH | |
| 241 | - | SECTION | |
| 242 | - | 25-11-114 (2)(a) THAT PROVIDES ADVICE ABOUT RADON IN REAL | |
| 243 | - | ESTATE TRANSACTIONS | |
| 244 | - | . | |
| 256 | + | DESCRIPTION OF ANY RADON CONCENTRATIONS DETECTED2 | |
| 257 | + | OR MITIGATION OR REMEDIATION PERFORMED ; AND3 | |
| 258 | + | (D) I | |
| 259 | + | NFORMATION REGARDING ANY RADON MITIGATION SYSTEM ,4 | |
| 260 | + | INCLUDING A SYSTEM DESCRIPTION AND DOCUMENTATION , IF A RADON5 | |
| 261 | + | MITIGATION SYSTEM HAS BEEN INSTALLED IN THE RESIDENTIAL REAL6 | |
| 262 | + | PROPERTY; AND7 | |
| 263 | + | (III) A | |
| 264 | + | COPY OF THE MOST RECENT BROCHURE PUBLISHED BY THE8 | |
| 265 | + | DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE9 | |
| 266 | + | WITH SECTION 25-11-114 (2)(a) THAT PROVIDES ADVICE ABOUT RADON IN10 | |
| 267 | + | REAL ESTATE TRANSACTIONS.11 | |
| 245 | 268 | (b) T | |
| 246 | - | HE TENANT SHALL ACKNOWLEDGE RECEIPT OF THE | |
| 247 | - | INFORMATION DESCRIBED IN SUBSECTION | |
| 248 | - | (2)(a) OF THIS SECTION BY SIGNING | |
| 249 | - | THE DISCLOSURE | |
| 250 | - | . | |
| 269 | + | HE TENANT SHALL ACKNOWLEDGE RECEIPT OF THE12 | |
| 270 | + | INFORMATION DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION BY13 | |
| 271 | + | SIGNING THE DISCLOSURE.14 | |
| 251 | 272 | (3) (a) S | |
| 252 | - | UBJECT TO SUBSECTION (3)(b) OF THIS SECTION, A | |
| 253 | - | ||
| 254 | - | ||
| 255 | - | 38-12-507 IF THE LANDLORD FAILS TO: | |
| 273 | + | UBJECT TO SUBSECTION (3)(b) OF THIS SECTION, A | |
| 274 | + | TENANT15 | |
| 275 | + | MAY VOID A LEASE AGREEMENT AND VACATE THE PREMISES IN16 | |
| 276 | + | ACCORDANCE WITH SECTION 38-12-507 IF THE LANDLORD FAILS TO:17 | |
| 256 | 277 | (I) P | |
| 257 | - | ROVIDE THE WRITTEN DISCLOSURES DESCRIBED IN SUBSECTION | |
| 258 | - | (2) OF THIS SECTION; OR | |
| 259 | - | PAGE 6-SENATE BILL 23-206 (II) MAKE A REASONABLE EFFORT TO MITIGATE RADON WITHIN ONE | |
| 260 | - | HUNDRED EIGHTY DAYS AFTER BEING NOTIFIED THAT A RADON | |
| 261 | - | MEASUREMENT PROFESSIONAL HAS DETERMINED THE AIR CONCENTRATION | |
| 262 | - | OF RADON IS FOUR PICOCURIES PER LITER OR MORE | |
| 263 | - | . | |
| 278 | + | ROVIDE THE WRITTEN DISCLOSURES DESCRIBED IN SUBSECTION18 | |
| 279 | + | (2) | |
| 280 | + | OF THIS SECTION; OR19 | |
| 281 | + | (II) M | |
| 282 | + | AKE A REASONABLE EFFORT TO MITIGATE RADON WITHIN20 | |
| 283 | + | ONE HUNDRED EIGHTY DAYS AFTER BEING NOTIFIED THAT A RADON21 | |
| 284 | + | MEASUREMENT PROFESSIONAL HAS DETERMINED THE AIR CONCENTRATION22 | |
| 285 | + | OF RADON IS FOUR PICOCURIES PER LITER OR MORE .23 | |
| 264 | 286 | (b) O | |
| 265 | - | N OR AFTER JANUARY 1, 2026, THIS SUBSECTION (3) DOES NOT | |
| 266 | - | APPLY TO A LEASE AGREEMENT THAT IS ONE YEAR OR LESS IN DURATION | |
| 267 | - | . | |
| 268 | - | (4) AS USED IN THIS SECTION, "RESIDENTIAL REAL PROPERTY " | |
| 269 | - | INCLUDES: | |
| 287 | + | N OR AFTER JANUARY 1, 2026, THIS SUBSECTION (3) DOES | |
| 288 | + | 24 | |
| 289 | + | NOT APPLY TO A LEASE AGREEMENT THAT IS ONE YEAR OR LESS IN25 | |
| 290 | + | DURATION. 26 | |
| 291 | + | (4) A | |
| 292 | + | S USED IN THIS SECTION, "RESIDENTIAL REAL PROPERTY "27 | |
| 293 | + | 206 | |
| 294 | + | -8- INCLUDES:1 | |
| 270 | 295 | (a) A | |
| 271 | - | SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE HOME, | |
| 272 | - | CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR | |
| 273 | - | (b) A HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR THE | |
| 274 | - | UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT . | |
| 275 | - | SECTION 4. In Colorado Revised Statutes, 38-12-503, amend (2) | |
| 276 | - | introductory portion; and add (2.4) as follows: | |
| 277 | - | 38-12-503. Warranty of habitability. (2) Except as described in | |
| 278 | - | subsection (2.2) | |
| 279 | - | OR (2.4) of this section, a landlord breaches the warranty | |
| 280 | - | of habitability set forth in subsection (1) of this section if: | |
| 296 | + | SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE2 | |
| 297 | + | HOME, CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR3 | |
| 298 | + | (b) A | |
| 299 | + | HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR4 | |
| 300 | + | THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN5 | |
| 301 | + | DEVELOPMENT.6 | |
| 302 | + | SECTION 4. In Colorado Revised Statutes, 38-12-503, amend | |
| 303 | + | 7 | |
| 304 | + | (2) introductory portion; and add (2.4) as follows:8 | |
| 305 | + | 38-12-503. Warranty of habitability. (2) Except as described9 | |
| 306 | + | in subsection (2.2) | |
| 307 | + | OR (2.4) of this section, a landlord breaches the | |
| 308 | + | 10 | |
| 309 | + | warranty of habitability set forth in subsection (1) of this section if:11 | |
| 281 | 310 | (2.4) A | |
| 282 | 311 | LANDLORD BREACHES THE WARRANTY OF HABITABILITY IF | |
| 283 | - | ||
| 284 | - | 38-12-803. | |
| 285 | - | SECTION 5. In Colorado Revised Statutes, add 12-10-220.5 | |
| 286 | - | follows: | |
| 312 | + | 12 | |
| 313 | + | THE LANDLORD FAILS TO COMPLY WITH SECTION 38-12-803.13 | |
| 314 | + | SECTION 5. In Colorado Revised Statutes, add 12-10-220.5 as14 | |
| 315 | + | follows:15 | |
| 287 | 316 | 12-10-220.5. Radon disclosure - rules. T | |
| 288 | 317 | HE COMMISSION SHALL | |
| 289 | - | ||
| 290 | - | 38-35.7- | |
| 291 | - | SECTION 6. In Colorado Revised Statutes, 12-165-107, | |
| 292 | - | (1)(a) as follows: | |
| 293 | - | 12-165-107. Exemptions. (1) This article 165 does not apply to: | |
| 294 | - | (a) (I) An individual performing radon measurement or | |
| 295 | - | mitigation on a single-family residence that the individual owns | |
| 318 | + | 16 | |
| 319 | + | PROMULGATE RULES TO IMPLEMENT SECTION 38-35.7-111 (2)(c)(II).17 | |
| 320 | + | SECTION 6. In Colorado Revised Statutes, 12-165-107, amend18 | |
| 321 | + | (1)(a) as follows:19 | |
| 322 | + | 12-165-107. Exemptions. (1) This article 165 does not apply to:20 | |
| 323 | + | (a) (I) An individual performing radon measurement or radon21 | |
| 324 | + | mitigation on a single-family residence that the individual owns and22 | |
| 296 | 325 | occupies; | |
| 297 | 326 | OR | |
| 298 | - | PAGE 7-SENATE BILL 23-206 (II) AN INDIVIDUAL PERFORMING RADON MEASUREMENT ON A | |
| 299 | - | LEASED DWELLING UNIT THAT THE INDIVIDUAL LEASES OR OCCUPIES | |
| 300 | - | ; | |
| 301 | - | SECTION 7. Act subject to petition - effective date - | |
| 302 | - | applicability. (1) This act takes effect at 12:01 a.m. on the day following | |
| 303 | - | the expiration of the ninety-day period after final adjournment of the | |
| 304 | - | general assembly; except that, if a referendum petition is filed pursuant to | |
| 305 | - | section 1 (3) of article V of the state constitution against this act or an item, | |
| 306 | - | section, or part of this act within such period, then the act, item, section, or | |
| 307 | - | part will not take effect unless approved by the people at the general | |
| 308 | - | election to be held in November 2024 and, in such case, will take effect on | |
| 309 | - | the date of the official declaration of the vote thereon by the governor. | |
| 310 | - | PAGE 8-SENATE BILL 23-206 (2) This act applies to contracts and lease agreements entered into | |
| 311 | - | on or after the applicable effective date of this act. | |
| 312 | - | ____________________________ ____________________________ | |
| 313 | - | Steve Fenberg Julie McCluskie | |
| 314 | - | PRESIDENT OF SPEAKER OF THE HOUSE | |
| 315 | - | THE SENATE OF REPRESENTATIVES | |
| 316 | - | ____________________________ ____________________________ | |
| 317 | - | Cindi L. Markwell Robin Jones | |
| 318 | - | SECRETARY OF CHIEF CLERK OF THE HOUSE | |
| 319 | - | THE SENATE OF REPRESENTATIVES | |
| 320 | - | APPROVED________________________________________ | |
| 321 | - | (Date and Time) | |
| 322 | - | _________________________________________ | |
| 323 | - | Jared S. Polis | |
| 324 | - | GOVERNOR OF THE STATE OF COLORADO | |
| 325 | - | PAGE 9-SENATE BILL 23-206 | |
| 327 | + | 23 | |
| 328 | + | (II) A | |
| 329 | + | N INDIVIDUAL PERFORMING RADON MEASUREMENT ON A | |
| 330 | + | 24 | |
| 331 | + | LEASED DWELLING UNIT THAT THE INDIVIDUAL LEASES OR OCCUPIES ;25 | |
| 332 | + | SECTION 7. Act subject to petition - effective date -26 | |
| 333 | + | applicability. (1) This act takes effect at 12:01 a.m. on the day following27 | |
| 334 | + | 206 | |
| 335 | + | -9- the expiration of the ninety-day period after final adjournment of the1 | |
| 336 | + | general assembly; except that, if a referendum petition is filed pursuant2 | |
| 337 | + | to section 1 (3) of article V of the state constitution against this act or an3 | |
| 338 | + | item, section, or part of this act within such period, then the act, item,4 | |
| 339 | + | section, or part will not take effect unless approved by the people at the5 | |
| 340 | + | general election to be held in November 2024 and, in such case, will take6 | |
| 341 | + | effect on the date of the official declaration of the vote thereon by the7 | |
| 342 | + | governor.8 | |
| 343 | + | (2) This act applies to contracts and lease agreements entered into9 | |
| 344 | + | on or after the applicable effective date of this act.10 | |
| 345 | + | 206 | |
| 346 | + | -10- |