Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0058.01 Christopher McMichael x4775
HOUSE BILL 24-1315
House Committees Senate Committees
Business Affairs & Labor
Appropriations
A BILL FOR AN ACT
C
ONCERNING A STUDY REGARDING ST ANDARDS FOR THE REMEDIATION101
OF RESIDENTIAL PREMISES AFTER A PROPERTY HAS BEEN102
DAMAGED IN A FIRE , AND, IN CONNECTION THEREWITH ,103
STUDYING PROPERTIES DAMAGED BY SMOKE , SOOT, ASH, AND104
OTHER CONTAMINANTS AS A RESULT OF THE
FIRE AND MAKING105
AN APPROPRIATION.106
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
.)
The bill requires the division of insurance (division) to conduct a
HOUSE
Amended 2nd Reading
April 29, 2024
HOUSE SPONSORSHIP
Brown and Amabile,
SENATE SPONSORSHIP
(None),
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. study regarding the remediation of residential premises that have been
damaged from smoke, soot, ash, and other contaminants as a result of a
fire. The study focuses on existing practices for the remediation of homes
that have been damaged by smoke, soot, ash, and other contaminants as
a result of a fire and requires the division to make recommendations for
establishing uniform standards related to such remediation. The division
may contract with a third party to conduct all or part of the study. The
division must submit a report of the study's findings and
recommendations to certain committees of the general assembly by
January 1, 2026.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Colorado has experienced record-breaking wildfires in recent4
years, including the Marshall Fire, which destroyed nearly 1,100 homes5
and damaged thousands of homes as a result of contamination from6
smoke, soot, ash, and other contaminants;7
(b) Smoke, soot, ash, and other contaminants that emanate from8
fires cause damage to homes by depositing particulate matter, volatile9
organic compounds, and chemicals onto personal property and into the10
walls, floors, furnishings, surfaces, and other infrastructure of a home.11
Those contaminants not only compromise the integrity of the residential12
premises, but they also may pose significant, long-term health issues for13
residents long after the fire has been extinguished.14
(c) As homeowners return to their homes and the areas that have15
been damaged after a fire, many homeowners face uncertainty as to16
whether their homes have been properly cleaned, repaired, or remediated17
to the point where the homes are safe to inhabit;18
(d) Residents whose homes are damaged from smoke, soot, ash,19
and other contaminants as a result of a fire should be assured of the safety20
1315-2- and habitability of their homes, as well as their personal property and1
furnishings, which should be returned to a pre-loss condition that is safe2
and healthy for homeowners and residents;3
(e) In addition, inadequate remediation of homes after a fire4
exacerbates pressure on the housing market because it forces some5
individuals to find new homes, takes residential premises off the market,6
and extends the time that families and individuals are displaced;7
(f) Consistent standards are needed regarding the inspection,8
testing, and remediation of residential premises after a fire so that9
homeowners and residents are able to have and insurance carriers are able10
to insure safe and habitable homes after a fire;11
(g) Furthermore, while homeowners insurance policies might12
cover certain damage resulting from a fire, the extent to which insurance13
carriers are covering the cleaning, repair, and remediation of homes is14
inconsistent, and many homeowners are concerned that they will incur an15
additional financial burden to remediate their homes to the point where16
they are clean and safe to inhabit; and17
(h) It is in the best interest of Colorado to protect the health and18
safety of Colorado residents by ensuring that their homes are returned to19
a healthy, habitable, and safe condition after suffering damage from fires,20
including damage from residual smoke, soot, ash, and other contaminants.21
(2) The general assembly further declares that in order to properly22
clean, repair, and remediate homes and provide clarity and assurances to23
the many stakeholders involved with the remediation of residential24
premises that have been damaged due to fire, smoke, soot, ash, and other25
contaminants, the division of insurance shall conduct a study and make26
recommendations regarding the establishment of uniform standards for27
1315
-3- the remediation of residential premises that have been damaged by fires,1
including damage from smoke, soot, ash, and other contaminants, and2
regarding the extent to which the cleaning, repair, and remediation of3
those properties should be covered by homeowners insurance.4
SECTION 2. In Colorado Revised Statutes, add 10-1-145 as5
follows:6
10-1-145. Study regarding standards for the remediation of7
residential premises after fire - required considerations - report -8
repeal. (1) (a) T
HE DIVISION SHALL CONDUCT OR CAUSE TO BE9
CONDUCTED A STUDY THAT :10
(I) E
VALUATES METHODS OF INSPECTING , TESTING, AND11
REMEDIATING RESIDENTIAL PREMISES THAT HAVE BEEN DAMAGED BY12
SMOKE, SOOT, ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE ;13
(II) I
NCLUDES RECOMMENDATIONS REGARDING THE14
ESTABLISHMENT OF UNIFORM STANDARDS FOR THE INSPECTION , TESTING,15
AND REMEDIATION OF RESIDENTIAL PREMISES THAT HAVE BEEN DAMAGED16
BY SMOKE, SOOT, ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE;17
AND18
(III) C
ONSIDERS THE EXTENT TO WHICH ANY RECOMMENDED19
UNIFORM STANDARDS RELATED TO THE REMEDIATION OF RESIDENTIAL20
PREMISES DAMAGED BY FIRE, INCLUDING DAMAGE FROM SMOKE , SOOT,21
ASH, AND OTHER CONTAMINANTS, IMPACT THE COST AND AVAILABILITY OF22
HOMEOWNERS INSURANCE .23
(b) T
HE DIVISION MAY CONTRACT WITH A THIRD PARTY TO24
CONDUCT ALL OR PART OF THE STUDY .25
(2) T
HE STUDY CONDUCTED PURS UANT TO THIS SECTION MUST26
CONSIDER:27
1315
-4- (a) EXISTING PRACTICES AND METHODS FOR THE CLEANING ,1
REPAIR, AND REMEDIATION OF RESIDENTIAL PREMISES , STRUCTURES,2
PERSONAL PROPERTY , AND HOME FURNISHINGS THAT HAVE BEEN3
DAMAGED BY SMOKE , SOOT, ASH, AND OTHER CONTAMI NANTS AS A4
RESULT OF A FIRE;5
(b) E
XISTING STANDARDS, IF ANY, FOR THE TESTING, INSPECTION,6
AND REMEDIATION OF RESIDENTIAL PREMISES , STRUCTURES, HOME7
FURNISHINGS, AND PERSONAL PROPERTY THAT HAVE BEEN DAMAGED BY8
SMOKE, SOOT, ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE ,9
INCLUDING ANY RELEVANT STANDARDS ESTABLISHED BY THE INSTITUTE10
OF INSPECTION CLEANING AND RESTORATION CERTIFICATION OR A11
SUCCESSOR ENTITY;12
(c) G
UIDELINES FOR DETERMINING WHETHER STRUCTURES , HOME13
FURNISHINGS, AND PERSONAL PROPERTY CAN BE REMEDIATED AFTER14
EXPERIENCING DAMAGE FROM SMOKE , SOOT, ASH, AND OTHER15
CONTAMINANTS TO LEVELS THAT ARE PROTECTIVE OF HEALTH AND16
SAFETY;17
(d) E
XISTING INDOOR AIR QUALITY HEALTH AND SAFETY18
STANDARDS, IF AVAILABLE, REGARDING THE HABITABILITY OF19
RESIDENTIAL PREMISES, SPECIFICALLY AFTER THOSE RESIDENTIAL20
PREMISES HAVE BEEN DAMAGED BY SMOKE , SOOT, ASH, AND OTHER21
CONTAMINANTS AS A RESULT OF A FIRE , INCLUDING, TO THE EXTENT22
PRACTICABLE, INDOOR AIR QUALITY HEALTH AND SAFETY STANDARDS FOR23
INDIVIDUALS WHO ARE MORE SUSCEPTIBLE TO HEALTH ISSUES DUE TO24
EXPOSURE TO SMOKE, SOOT, ASH, AND OTHER CONTAMINANTS ; AND25
(e) T
HE EXTENT TO WHICH TYPICAL HOMEOWNERS INSURANCE26
POLICIES COVER DAMAGES TO RESIDENTIAL PREMISES THAT ARE THE27
1315
-5- RESULT OF A FIRE, INCLUDING DAMAGE FROM SMOKE , SOOT, ASH, AND1
OTHER CONTAMINANTS , AND THE EXTENT TO WHICH THOSE INSURANCE2
POLICIES EFFECTIVELY COVER THE COST OF CLEANING , REPAIR, AND3
REMEDIATION OF THE RESIDENTIAL PREMISES .4
(3) T
HE DIVISION, OR A THIRD PARTY THE DIVISION CONTRACTS5
WITH, SHALL ENGAGE WITH RELEVANT STAKEHOLDERS IN CONDUCTING6
THE STUDY PURSUANT TO SUBSECTIONS (1) AND (2) OF THIS SECTION.7
R
ELEVANT STAKEHOLDERS MAY INCLUDE :8
(a) R
EPRESENTATIVES FROM THE DEPARTMENT OF PUBLIC HEALTH9
AND ENVIRONMENT;10
(b) I
NDIVIDUALS WHO OWN HOMES OR OTHER RESIDENTIAL11
PREMISES;12
(c) R
EPRESENTATIVES FROM THE HOMEOWNERS INSURANCE13
INDUSTRY IN COLORADO;14
(d) P
UBLIC HEALTH EXPERTS;15
(e) R
EPRESENTATIVES FROM THE INDUSTRIAL HYGIENIST INDUSTRY16
IN COLORADO;
17
(f) R
EPRESENTATIVES FROM THE RESIDENTIAL REMEDIATION AND18
RESTORATION INDUSTRY IN
COLORADO; AND19
(g) REPRESENTATIVES FROM ORGANIZATIONS THAT ADVOCATE FOR20
THE INTERESTS OF CONSUMERS OF HOMEOWNERS INSURANCE POLICIES .21
(4) O
N OR BEFORE JANUARY 1, 2026, THE DIVISION SHALL SUBMIT22
A REPORT TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN23
SERVICES COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND24
HOUSING COMMITTEE, OR THEIR SUCCESSOR COMMITTEES . THE REPORT25
MUST INCLUDE THE RESEARCH, FINDINGS, AND RECOMMENDATIONS OF THE26
STUDY CONDUCTED IN ACCORDANCE WITH SUBSECTIONS (1) AND (2) OF27
1315
-6- THIS SECTION.1
(5) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2027.2 SECTION 3. Appropriation. For the 2024-25 state fiscal year,3
$219,909 is appropriated to the department of regulatory agencies for use4
by the division of insurance. This appropriation is from the division of5
insurance cash fund created in section 10-1-103 (3)(a)(I), C.R.S., and is6
based on an assumption that the division will require an additional 0.27
FTE. To implement this act, the division may use this appropriation for8
personal services. Of the amount appropriated in this section, any amount9
up to $200,000 not expended prior to July 1, 2025, is further appropriated10
to the division for the 2025-26 state fiscal year for the same purpose.11
SECTION 4. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly; except14
that, if a referendum petition is filed pursuant to section 1 (3) of article V15
of the state constitution against this act or an item, section, or part of this16
act within such period, then the act, item, section, or part will not take17
effect unless approved by the people at the general election to be held in18
November 2024 and, in such case, will take effect on the date of the19
official declaration of the vote thereon by the governor.20
1315
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