9 | | - | ONCERNING A STUDY REGARDING STANDARDS FOR THE REMEDIATION OF |
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10 | | - | RESIDENTIAL PREMISES AFTER A PROPERTY HAS BEEN DAMAGED IN A |
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11 | | - | FIRE |
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12 | | - | , AND, IN CONNECTION THEREWITH , STUDYING PROPERTIES |
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13 | | - | DAMAGED BY SMOKE |
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14 | | - | , SOOT, ASH, AND OTHER CONTAMINANTS AS A |
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15 | | - | RESULT OF THE FIRE AND MAKING AN APPROPRIATION |
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16 | | - | . |
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17 | | - | |
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18 | | - | Be it enacted by the General Assembly of the State of Colorado: |
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19 | | - | SECTION 1. Legislative declaration. (1) The general assembly |
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20 | | - | finds and declares that: |
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21 | | - | (a) Colorado has experienced record-breaking wildfires in recent |
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22 | | - | years, including the Marshall Fire, which destroyed nearly 1,100 homes and |
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23 | | - | damaged thousands of homes as a result of contamination from smoke, soot, |
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24 | | - | ash, and other contaminants; |
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25 | | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative |
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26 | | - | officers and the Governor. To determine whether the Governor has signed the bill |
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27 | | - | or taken other action on it, please consult the legislative status sheet, the legislative |
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28 | | - | history, or the Session Laws. |
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29 | | - | ________ |
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30 | | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes |
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31 | | - | through words or numbers indicate deletions from existing law and such material is not part of |
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32 | | - | the act. (b) Smoke, soot, ash, and other contaminants that emanate from fires |
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33 | | - | cause damage to homes by depositing particulate matter, volatile organic |
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34 | | - | compounds, and chemicals onto personal property and into the walls, floors, |
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35 | | - | furnishings, surfaces, and other infrastructure of a home. Those |
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36 | | - | contaminants not only compromise the integrity of the residential premises, |
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37 | | - | but they also may pose significant, long-term health issues for residents |
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38 | | - | long after the fire has been extinguished. |
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39 | | - | (c) As homeowners return to their homes and the areas that have |
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40 | | - | been damaged after a fire, many homeowners face uncertainty as to whether |
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41 | | - | their homes have been properly cleaned, repaired, or remediated to the point |
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42 | | - | where the homes are safe to inhabit; |
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43 | | - | (d) Residents whose homes are damaged from smoke, soot, ash, and |
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44 | | - | other contaminants as a result of a fire should be assured of the safety and |
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45 | | - | habitability of their homes, as well as their personal property and |
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46 | | - | furnishings, which should be returned to a pre-loss condition that is safe and |
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47 | | - | healthy for homeowners and residents; |
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48 | | - | (e) In addition, inadequate remediation of homes after a fire |
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49 | | - | exacerbates pressure on the housing market because it forces some |
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50 | | - | individuals to find new homes, takes residential premises off the market, |
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51 | | - | and extends the time that families and individuals are displaced; |
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52 | | - | (f) Consistent standards are needed regarding the inspection, testing, |
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53 | | - | and remediation of residential premises after a fire so that homeowners and |
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54 | | - | residents are able to have and insurance carriers are able to insure safe and |
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55 | | - | habitable homes after a fire; |
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56 | | - | (g) Furthermore, while homeowners insurance policies might cover |
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57 | | - | certain damage resulting from a fire, the extent to which insurance carriers |
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58 | | - | are covering the cleaning, repair, and remediation of homes is inconsistent, |
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59 | | - | and many homeowners are concerned that they will incur an additional |
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60 | | - | financial burden to remediate their homes to the point where they are clean |
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61 | | - | and safe to inhabit; and |
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62 | | - | (h) It is in the best interest of Colorado to protect the health and |
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63 | | - | safety of Colorado residents by ensuring that their homes are returned to a |
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64 | | - | healthy, habitable, and safe condition after suffering damage from fires, |
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65 | | - | PAGE 2-HOUSE BILL 24-1315 including damage from residual smoke, soot, ash, and other contaminants. |
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66 | | - | (2) The general assembly further declares that in order to properly |
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67 | | - | clean, repair, and remediate homes and provide clarity and assurances to the |
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68 | | - | many stakeholders involved with the remediation of residential premises |
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69 | | - | that have been damaged due to fire, smoke, soot, ash, and other |
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70 | | - | contaminants, the division of insurance shall conduct a study and make |
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71 | | - | recommendations regarding the establishment of uniform standards for the |
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72 | | - | remediation of residential premises that have been damaged by fires, |
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73 | | - | including damage from smoke, soot, ash, and other contaminants, and |
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74 | | - | regarding the extent to which the cleaning, repair, and remediation of those |
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75 | | - | properties should be covered by homeowners insurance. |
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76 | | - | SECTION 2. In Colorado Revised Statutes, add 10-1-145 as |
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77 | | - | follows: |
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78 | | - | 10-1-145. Study regarding standards for the remediation of |
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79 | | - | residential premises after fire - required considerations - report - |
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| 14 | + | ONCERNING A STUDY REGARDING ST ANDARDS FOR THE REMEDIATION101 |
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| 15 | + | OF RESIDENTIAL PREMISES AFTER A PROPERTY HAS BEEN102 |
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| 16 | + | DAMAGED IN A FIRE , AND, IN CONNECTION THEREWITH ,103 |
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| 17 | + | STUDYING PROPERTIES DAMAGED BY SMOKE , SOOT, ASH, AND104 |
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| 18 | + | OTHER CONTAMINANTS AS A RESULT OF THE |
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| 19 | + | FIRE AND MAKING105 |
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| 20 | + | AN APPROPRIATION.106 |
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| 21 | + | Bill Summary |
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| 22 | + | (Note: This summary applies to this bill as introduced and does |
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| 23 | + | not reflect any amendments that may be subsequently adopted. If this bill |
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| 24 | + | passes third reading in the house of introduction, a bill summary that |
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| 25 | + | applies to the reengrossed version of this bill will be available at |
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| 26 | + | http://leg.colorado.gov |
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| 27 | + | .) |
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| 28 | + | The bill requires the division of insurance (division) to conduct a |
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| 29 | + | SENATE |
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| 30 | + | 3rd Reading Unamended |
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| 31 | + | May 7, 2024 |
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| 32 | + | SENATE |
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| 33 | + | 2nd Reading Unamended |
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| 34 | + | May 6, 2024 |
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| 35 | + | HOUSE |
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| 36 | + | 3rd Reading Unamended |
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| 37 | + | April 30, 2024 |
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| 38 | + | HOUSE |
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| 39 | + | Amended 2nd Reading |
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| 40 | + | April 29, 2024 |
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| 41 | + | HOUSE SPONSORSHIP |
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| 42 | + | Brown and Amabile, Bacon, Bird, Boesenecker, Clifford, Daugherty, Duran, Epps, |
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| 43 | + | Froelich, Garcia, Herod, Jodeh, Joseph, Lieder, Lindstedt, Mabrey, McCluskie, McCormick, |
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| 44 | + | Rutinel, Snyder, Story, Velasco, Weissman, Woodrow |
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| 45 | + | SENATE SPONSORSHIP |
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| 46 | + | Cutter, Buckner, Exum, Jaquez Lewis, Michaelson Jenet, Priola |
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| 47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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| 48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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| 49 | + | Dashes through the words or numbers indicate deletions from existing law. study regarding the remediation of residential premises that have been |
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| 50 | + | damaged from smoke, soot, ash, and other contaminants as a result of a |
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| 51 | + | fire. The study focuses on existing practices for the remediation of homes |
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| 52 | + | that have been damaged by smoke, soot, ash, and other contaminants as |
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| 53 | + | a result of a fire and requires the division to make recommendations for |
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| 54 | + | establishing uniform standards related to such remediation. The division |
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| 55 | + | may contract with a third party to conduct all or part of the study. The |
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| 56 | + | division must submit a report of the study's findings and |
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| 57 | + | recommendations to certain committees of the general assembly by |
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| 58 | + | January 1, 2026. |
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| 59 | + | Be it enacted by the General Assembly of the State of Colorado:1 |
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| 60 | + | SECTION 1. Legislative declaration. (1) The general assembly2 |
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| 61 | + | finds and declares that:3 |
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| 62 | + | (a) Colorado has experienced record-breaking wildfires in recent4 |
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| 63 | + | years, including the Marshall Fire, which destroyed nearly 1,100 homes5 |
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| 64 | + | and damaged thousands of homes as a result of contamination from6 |
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| 65 | + | smoke, soot, ash, and other contaminants;7 |
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| 66 | + | (b) Smoke, soot, ash, and other contaminants that emanate from8 |
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| 67 | + | fires cause damage to homes by depositing particulate matter, volatile9 |
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| 68 | + | organic compounds, and chemicals onto personal property and into the10 |
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| 69 | + | walls, floors, furnishings, surfaces, and other infrastructure of a home.11 |
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| 70 | + | Those contaminants not only compromise the integrity of the residential12 |
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| 71 | + | premises, but they also may pose significant, long-term health issues for13 |
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| 72 | + | residents long after the fire has been extinguished.14 |
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| 73 | + | (c) As homeowners return to their homes and the areas that have15 |
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| 74 | + | been damaged after a fire, many homeowners face uncertainty as to16 |
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| 75 | + | whether their homes have been properly cleaned, repaired, or remediated17 |
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| 76 | + | to the point where the homes are safe to inhabit;18 |
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| 77 | + | (d) Residents whose homes are damaged from smoke, soot, ash,19 |
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| 78 | + | and other contaminants as a result of a fire should be assured of the safety20 |
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| 79 | + | 1315-2- and habitability of their homes, as well as their personal property and1 |
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| 80 | + | furnishings, which should be returned to a pre-loss condition that is safe2 |
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| 81 | + | and healthy for homeowners and residents;3 |
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| 82 | + | (e) In addition, inadequate remediation of homes after a fire4 |
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| 83 | + | exacerbates pressure on the housing market because it forces some5 |
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| 84 | + | individuals to find new homes, takes residential premises off the market,6 |
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| 85 | + | and extends the time that families and individuals are displaced;7 |
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| 86 | + | (f) Consistent standards are needed regarding the inspection,8 |
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| 87 | + | testing, and remediation of residential premises after a fire so that9 |
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| 88 | + | homeowners and residents are able to have and insurance carriers are able10 |
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| 89 | + | to insure safe and habitable homes after a fire;11 |
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| 90 | + | (g) Furthermore, while homeowners insurance policies might12 |
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| 91 | + | cover certain damage resulting from a fire, the extent to which insurance13 |
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| 92 | + | carriers are covering the cleaning, repair, and remediation of homes is14 |
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| 93 | + | inconsistent, and many homeowners are concerned that they will incur an15 |
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| 94 | + | additional financial burden to remediate their homes to the point where16 |
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| 95 | + | they are clean and safe to inhabit; and17 |
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| 96 | + | (h) It is in the best interest of Colorado to protect the health and18 |
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| 97 | + | safety of Colorado residents by ensuring that their homes are returned to19 |
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| 98 | + | a healthy, habitable, and safe condition after suffering damage from fires,20 |
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| 99 | + | including damage from residual smoke, soot, ash, and other contaminants.21 |
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| 100 | + | (2) The general assembly further declares that in order to properly22 |
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| 101 | + | clean, repair, and remediate homes and provide clarity and assurances to23 |
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| 102 | + | the many stakeholders involved with the remediation of residential24 |
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| 103 | + | premises that have been damaged due to fire, smoke, soot, ash, and other25 |
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| 104 | + | contaminants, the division of insurance shall conduct a study and make26 |
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| 105 | + | recommendations regarding the establishment of uniform standards for27 |
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| 106 | + | 1315 |
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| 107 | + | -3- the remediation of residential premises that have been damaged by fires,1 |
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| 108 | + | including damage from smoke, soot, ash, and other contaminants, and2 |
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| 109 | + | regarding the extent to which the cleaning, repair, and remediation of3 |
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| 110 | + | those properties should be covered by homeowners insurance.4 |
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| 111 | + | SECTION 2. In Colorado Revised Statutes, add 10-1-145 as5 |
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| 112 | + | follows:6 |
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| 113 | + | 10-1-145. Study regarding standards for the remediation of7 |
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| 114 | + | residential premises after fire - required considerations - report -8 |
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201 | | - | HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2027. |
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202 | | - | SECTION 3. Appropriation. For the 2024-25 state fiscal year, |
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203 | | - | $219,909 is appropriated to the department of regulatory agencies for use |
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204 | | - | by the division of insurance. This appropriation is from the division of |
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205 | | - | insurance cash fund created in section 10-1-103 (3)(a)(I), C.R.S., and is |
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206 | | - | based on an assumption that the division will require an additional 0.2 FTE. |
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207 | | - | To implement this act, the division may use this appropriation for personal |
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208 | | - | services. Of the amount appropriated in this section, any amount up to |
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209 | | - | $200,000 not expended prior to July 1, 2025, is further appropriated to the |
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210 | | - | division for the 2025-26 state fiscal year for the same purpose. |
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211 | | - | PAGE 5-HOUSE BILL 24-1315 SECTION 4. Act subject to petition - effective date. This act |
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212 | | - | takes effect at 12:01 a.m. on the day following the expiration of the |
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213 | | - | ninety-day period after final adjournment of the general assembly; except |
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214 | | - | that, if a referendum petition is filed pursuant to section 1 (3) of article V |
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215 | | - | of the state constitution against this act or an item, section, or part of this act |
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216 | | - | within such period, then the act, item, section, or part will not take effect |
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217 | | - | unless approved by the people at the general election to be held in |
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218 | | - | November 2024 and, in such case, will take effect on the date of the official |
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219 | | - | declaration of the vote thereon by the governor. |
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220 | | - | ____________________________ ____________________________ |
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221 | | - | Julie McCluskie Steve Fenberg |
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222 | | - | SPEAKER OF THE HOUSE PRESIDENT OF |
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223 | | - | OF REPRESENTATIVES THE SENATE |
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224 | | - | ____________________________ ____________________________ |
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225 | | - | Robin Jones Cindi L. Markwell |
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226 | | - | CHIEF CLERK OF THE HOUSE SECRETARY OF |
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227 | | - | OF REPRESENTATIVES THE SENATE |
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228 | | - | APPROVED________________________________________ |
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229 | | - | (Date and Time) |
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230 | | - | _________________________________________ |
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231 | | - | Jared S. Polis |
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232 | | - | GOVERNOR OF THE STATE OF COLORADO |
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233 | | - | PAGE 6-HOUSE BILL 24-1315 |
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| 214 | + | HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2027.2 SECTION 3. Appropriation. For the 2024-25 state fiscal year,3 |
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| 215 | + | $219,909 is appropriated to the department of regulatory agencies for use4 |
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| 216 | + | by the division of insurance. This appropriation is from the division of5 |
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| 217 | + | insurance cash fund created in section 10-1-103 (3)(a)(I), C.R.S., and is6 |
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| 218 | + | based on an assumption that the division will require an additional 0.27 |
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| 219 | + | FTE. To implement this act, the division may use this appropriation for8 |
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| 220 | + | personal services. Of the amount appropriated in this section, any amount9 |
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| 221 | + | up to $200,000 not expended prior to July 1, 2025, is further appropriated10 |
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| 222 | + | to the division for the 2025-26 state fiscal year for the same purpose.11 |
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| 223 | + | SECTION 4. Act subject to petition - effective date. This act12 |
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| 224 | + | takes effect at 12:01 a.m. on the day following the expiration of the13 |
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| 225 | + | ninety-day period after final adjournment of the general assembly; except14 |
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| 226 | + | that, if a referendum petition is filed pursuant to section 1 (3) of article V15 |
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| 227 | + | of the state constitution against this act or an item, section, or part of this16 |
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| 228 | + | act within such period, then the act, item, section, or part will not take17 |
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| 229 | + | effect unless approved by the people at the general election to be held in18 |
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| 230 | + | November 2024 and, in such case, will take effect on the date of the19 |
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| 231 | + | official declaration of the vote thereon by the governor.20 |
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| 232 | + | 1315 |
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| 233 | + | -7- |
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