SENATE BILL 23-206
BY SENATOR(S) Winter F., Buckner, Cutter, Exum, Fields, Gonzales,
Jaquez Lewis, Marchman, Moreno, Priola, Fenberg;
also REPRESENTATIVE(S) Michaelson Jenet and Sirota, Bacon, Bird,
Boesenecker, Brown, Duran, English, Hamrick, Joseph, Kipp, Lieder,
Lindsay, Lindstedt, Mabrey, Ricks, Snyder, Valdez, Velasco, Willford.
C
ONCERNING INFORMATION ABOUT RADON IN RESIDENTIAL REAL PROPERTY
TRANSACTIONS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Radon is an odorless, colorless, tasteless, and radioactive gas that
occurs naturally in soil and groundwater, enters buildings through openings
in foundations, and, unless vented to the atmosphere, accumulates in
buildings;
(b) Radon is recognized by the United States surgeon general and
the World Health Organization as a carcinogenic toxin;
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. (c) Radon is the leading cause of lung cancer in nonsmokers and the
second leading cause of all lung cancer in the United States;
(d) Prolonged exposure to radon threatens the health of Colorado
residents and families and is associated with increases in the risk of lung
cancer;
(e) Radon exposure is responsible for the deaths of approximately
five hundred Coloradans each year and for twenty-one thousand lung cancer
deaths nationwide;
(f) Elevated radon levels have been detected in every Colorado
county;
(g) A home in Colorado may have elevated levels of radon even if
other homes in that neighborhood do not;
(h) Radon levels may change over time, and the United States
environmental protection agency recommends that homes should be tested
every two years;
(i) Nearly half of all homes tested in Colorado return results at or
above the United States environmental protection agency's recommended
action level of four picocuries per liter (pCi/L);
(j) Clear disclosure through stand-alone radon notifications during
real estate transactions has been shown to greatly increase voluntary testing
and improve public health outcomes;
(k) Testing for radon is simple and inexpensive, and identified radon
problems can be readily mitigated;
(l) Colorado recently began licensing and regulating radon
measurement and radon mitigation professionals to help ensure the public
has reliable access to qualified providers offering high-quality testing and
mitigation services that help improve public health; and
(m) Financial assistance for radon testing and mitigation services is
available to help address health disparities and access for low-income
individuals and families in disproportionately impacted communities
PAGE 2-SENATE BILL 23-206 through the Colorado department of public health and environment's radon
mitigation assistance program for low-income individuals.
(2) The general assembly further declares that there is a need to
protect human health, prevent exposure to elevated concentrations of radon,
and avoid higher rates of mortality from lung cancer by requiring
disclosures to increase awareness in residential real estate transactions about
the presence of and risks from radon exposure.
SECTION 2. In Colorado Revised Statutes, add 38-35.7-112 as
follows:
38-35.7-112. Disclosure - elevated radon - rules - definition.
(1) A
BUYER OF RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE
INFORMED OF WHETHER THE PROPERTY HAS BEEN TESTED FOR ELEVATED
LEVELS OF RADON
.
(2) (a) E
ACH CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY
MUST CONTAIN THE FOLLOWING DISCLOSURE IN BOLD
-FACED TYPE THAT IS
CLEARLY LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS
FOLLOWS
:
T
HE COLORADO DEPARTMENT OF PUBLIC HEALTH
AND
ENVIRONMENT STRONGLY RECOMMENDS THAT ALL
HOME BUYERS HAVE AN INDOOR RADON TEST PERFORMED
BEFORE PURCHASING RESIDENTIAL REAL PROPERTY AND
RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF
ELEVATED RADON CONCENTRATIONS ARE FOUND
.
E
LEVATED RADON CONCENTRATIONS CAN BE REDUCED BY
A RADON MITIGATION PROFESSIONAL
.
R
ESIDENTIAL REAL PROPERTY MAY PRESENT
EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS
THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING
RADON
-INDUCED LUNG CANCER . RADON, A CLASS A HUMAN
CARCINOGEN
, IS THE LEADING CAUSE OF LUNG CANCER IN
NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG
CANCER OVERALL
. THE SELLER OF RESIDENTIAL REAL
PROPERTY IS REQUIRED TO PROVIDE THE BUYER WITH ANY
KNOWN INFORMATION ON RADON TEST RESULTS OF THE
RESIDENTIAL REAL PROPERTY
.
PAGE 3-SENATE BILL 23-206 (b) EACH CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY OR
SELLER
'S PROPERTY DISCLOSURE FOR RESIDENTIAL REAL PROPERTY MUST
CONTAIN THE FOLLOWING DISCLOSURES
:
(I) A
NY KNOWLEDGE THE SELLER HAS OF THE RESIDENTIAL REAL
PROPERTY
'S RADON CONCENTRATIONS , INCLUDING THE FOLLOWING
INFORMATION
:
(A) W
HETHER A RADON TEST OR TESTS HAVE BEEN CONDUCTED ON
THE RESIDENTIAL REAL PROPERTY
;
(B) T
HE MOST RECENT RECORDS AND REPORTS PERTAINING TO
RADON CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY
;
(C) A
DESCRIPTION OF ANY RADON CONCENTRATIONS DETECTED OR
MITIGATION OR REMEDIATION PERFORMED
; AND
(D) INFORMATION REGARDING WHETHER A RADON MITIGATION
SYSTEM HAS BEEN INSTALLED IN THE RESIDENTIAL REAL PROPERTY
; AND
(II) AN ELECTRONIC OR PAPER COPY OF THE MOST RECENT BROCHURE
PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN
ACCORDANCE WITH SECTION
25-11-114 (2)(a) THAT PROVIDES ADVICE
ABOUT RADON IN REAL ESTATE TRANSACTIONS
.
(c) T
HE REAL ESTATE COMMISSION SHALL PROMULGATE RULES
REQUIRING
:
(I) E
ACH CONTRACT THAT IS FOR THE PURCHASE AND SALE OF
RESIDENTIAL REAL PROPERTY AND THAT IS SUBJECT TO THE REAL ESTATE
COMMISSION
'S JURISDICTION TO INCLUDE THE STATEMENT DESCRIBED IN
SUBSECTION
(2)(a) OF THIS SECTION IN BOLD-FACED TYPE THAT IS CLEARLY
LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS DESCRIBED IN SUBSECTION
(2)(a) OF THIS SECTION; AND
(II) EACH CONTRACT FOR SALE OR SELLER'S PROPERTY DISCLOSURE
FOR RESIDENTIAL REAL PROPERTY TO INCLUDE THE DISCLOSURES DESCRIBED
IN SUBSECTION
(2)(b) OF THIS SECTION, INCLUDING RULES THAT SPECIFY THE
FORMAT AND MANNER FOR DELIVERY OF THE BROCHURE
.
PAGE 4-SENATE BILL 23-206 (3) AS USED IN THIS SECTION:
(a) "R
EAL ESTATE COMMISSION " MEANS THE REAL ESTATE
COMMISSION CREATED IN SECTION
12-10-206.
(b) "R
ESIDENTIAL REAL PROPERTY" INCLUDES:
(I) A
SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE HOME,
CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR
(II) A HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .
SECTION 3. In Colorado Revised Statutes, add 38-12-803 as
follows:
38-12-803. Disclosure - elevated radon - definition. (1) A
TENANT
THAT RENTS RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE INFORMED
OF WHETHER THE PROPERTY HAS BEEN TESTED FOR ELEVATED LEVELS OF
RADON
.
(2) (a) B
EFORE SIGNING A LEASE AGREEMENT FOR RESIDENTIAL REAL
PROPERTY
, THE LANDLORD SHALL DISCLOSE AND PROVIDE IN WRITING TO
THE TENANT THE FOLLOWING INFORMATION IN A DOCUMENT THAT THE
TENANT SIGNS TO ACKNOWLEDGE RECEIPT OF THE DISCLOSURE
:
(I) A
WARNING STATEMENT IN BOLD-FACED TYPE THAT IS CLEARLY
LEGIBLE IN SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS FOLLOWS
:
T
HE COLORADO DEPARTMENT OF PUBLIC HEALTH
AND
ENVIRONMENT STRONGLY RECOMMENDS THAT ALL
TENANTS HAVE AN INDOOR RADON TEST PERFORMED
BEFORE LEASING RESIDENTIAL REAL PROPERTY AND
RECOMMENDS HAVING THE RADON LEVELS MITIGATED IF
ELEVATED RADON CONCENTRATIONS ARE FOUND
.
E
LEVATED RADON CONCENTRATIONS CAN BE REDUCED BY
A RADON MITIGATION PROFESSIONAL
.
R
ESIDENTIAL REAL PROPERTY MAY PRESENT
EXPOSURE TO DANGEROUS LEVELS OF INDOOR RADON GAS
THAT MAY PLACE THE OCCUPANTS AT RISK OF DEVELOPING
RADON
-INDUCED LUNG CANCER. RADON, A CLASS A HUMAN
PAGE 5-SENATE BILL 23-206 CARCINOGEN, IS THE LEADING CAUSE OF LUNG CANCER IN
NONSMOKERS AND THE SECOND LEADING CAUSE OF LUNG
CANCER OVERALL
. A LANDLORD IS REQUIRED TO PROVIDE
THE TENANT WITH ANY KNOWN INFORMATION ON RADON
TEST RESULTS OF THE RESIDENTIAL REAL PROPERTY
.
(II) A
NY KNOWLEDGE THE LANDLORD HAS OF THE RESIDENTIAL REAL
PROPERTY
'S RADON CONCENTRATIONS , INCLUDING THE FOLLOWING
INFORMATION
:
(A) W
HETHER A RADON TEST OR TESTS HAVE BEEN CONDUCTED ON
THE RESIDENTIAL REAL PROPERTY
;
(B) T
HE MOST CURRENT RECORDS AND REPORTS PERTAINING TO
RADON CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY
;
(C) A
DESCRIPTION OF ANY RADON CONCENTRATIONS DETECTED OR
MITIGATION OR REMEDIATION PERFORMED
; AND
(D) INFORMATION REGARDING ANY RADON MITIGATION SYSTEM ,
INCLUDING A SYSTEM DESCRIPTION AND DOCUMENTATION , IF A RADON
MITIGATION SYSTEM HAS BEEN INSTALLED IN THE RESIDENTIAL REAL
PROPERTY
; AND
(III) A COPY OF THE MOST RECENT BROCHURE PUBLISHED BY THE
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT IN ACCORDANCE WITH
SECTION
25-11-114 (2)(a) THAT PROVIDES ADVICE ABOUT RADON IN REAL
ESTATE TRANSACTIONS
.
(b) T
HE TENANT SHALL ACKNOWLEDGE RECEIPT OF THE
INFORMATION DESCRIBED IN SUBSECTION
(2)(a) OF THIS SECTION BY SIGNING
THE DISCLOSURE
.
(3) (a) S
UBJECT TO SUBSECTION (3)(b) OF THIS SECTION, A TENANT
MAY VOID A LEASE AGREEMENT AND VACATE THE PREMISES IN ACCOR DANCE
WITH SECTION
38-12-507 IF THE LANDLORD FAILS TO:
(I) P
ROVIDE THE WRITTEN DISCLOSURES DESCRIBED IN SUBSECTION
(2) OF THIS SECTION; OR
PAGE 6-SENATE BILL 23-206 (II) MAKE A REASONABLE EFFORT TO MITIGATE RADON WITHIN ONE
HUNDRED EIGHTY DAYS AFTER BEING NOTIFIED THAT A RADON
MEASUREMENT PROFESSIONAL HAS DETERMINED THE AIR CONCENTRATION
OF RADON IS FOUR PICOCURIES PER LITER OR MORE
.
(b) O
N OR AFTER JANUARY 1, 2026, THIS SUBSECTION (3) DOES NOT
APPLY TO A LEASE AGREEMENT THAT IS ONE YEAR OR LESS IN DURATION
.
(4) AS USED IN THIS SECTION, "RESIDENTIAL REAL PROPERTY "
INCLUDES:
(a) A
SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE HOME,
CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR
(b) A HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT .
SECTION 4. In Colorado Revised Statutes, 38-12-503, amend (2)
introductory portion; and add (2.4) as follows:
38-12-503. Warranty of habitability. (2) Except as described in
subsection (2.2)
OR (2.4) of this section, a landlord breaches the warranty
of habitability set forth in subsection (1) of this section if:
(2.4) A
LANDLORD BREACHES THE WARRANTY OF HABITABILITY IF
THE LANDLORD FAILS TO COMPLY WITH SECTION
38-12-803.
SECTION 5. In Colorado Revised Statutes, add 12-10-220.5 as
follows:
12-10-220.5. Radon disclosure - rules. T
HE COMMISSION SHALL
PROMULGATE RULES TO IMPLEMENT SECTION
38-35.7-112 (2)(c).
SECTION 6. In Colorado Revised Statutes, 12-165-107, amend
(1)(a) as follows:
12-165-107. Exemptions. (1) This article 165 does not apply to:
(a) (I) An individual performing radon measurement or radon
mitigation on a single-family residence that the individual owns and
occupies;
OR
PAGE 7-SENATE BILL 23-206 (II) AN INDIVIDUAL PERFORMING RADON MEASUREMENT ON A
LEASED DWELLING UNIT THAT THE INDIVIDUAL LEASES OR OCCUPIES
;
SECTION 7. Act subject to petition - effective date -
applicability. (1) 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 November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 8-SENATE BILL 23-206 (2) This act applies to contracts and lease agreements entered into
on or after the applicable effective date of this act.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 23-206