HOUSE BILL 24-1315
BY REPRESENTATIVE(S) Brown and Amabile, Bacon, Bird,
Boesenecker, Clifford, Daugherty, Duran, Epps, Froelich, Garcia, Herod,
Jodeh, Joseph, Lieder, Lindstedt, Mabrey, McCormick, Rutinel, Snyder,
Story, Velasco, Weissman, Woodrow, McCluskie;
also SENATOR(S) Cutter, Buckner, Exum, Jaquez Lewis,
Michaelson Jenet, Priola.
C
ONCERNING A STUDY REGARDING STANDARDS FOR THE REMEDIATION OF
RESIDENTIAL PREMISES AFTER A PROPERTY HAS BEEN DAMAGED IN A
FIRE
, AND, IN CONNECTION THEREWITH , STUDYING PROPERTIES
DAMAGED BY SMOKE
, SOOT, ASH, AND OTHER CONTAMINANTS AS A
RESULT OF THE FIRE AND MAKING AN APPROPRIATION
.
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) Colorado has experienced record-breaking wildfires in recent
years, including the Marshall Fire, which destroyed nearly 1,100 homes and
damaged thousands of homes as a result of contamination from smoke, soot,
ash, and other contaminants;
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. (b) Smoke, soot, ash, and other contaminants that emanate from fires
cause damage to homes by depositing particulate matter, volatile organic
compounds, and chemicals onto personal property and into the walls, floors,
furnishings, surfaces, and other infrastructure of a home. Those
contaminants not only compromise the integrity of the residential premises,
but they also may pose significant, long-term health issues for residents
long after the fire has been extinguished.
(c) As homeowners return to their homes and the areas that have
been damaged after a fire, many homeowners face uncertainty as to whether
their homes have been properly cleaned, repaired, or remediated to the point
where the homes are safe to inhabit;
(d) Residents whose homes are damaged from smoke, soot, ash, and
other contaminants as a result of a fire should be assured of the safety and
habitability of their homes, as well as their personal property and
furnishings, which should be returned to a pre-loss condition that is safe and
healthy for homeowners and residents;
(e) In addition, inadequate remediation of homes after a fire
exacerbates pressure on the housing market because it forces some
individuals to find new homes, takes residential premises off the market,
and extends the time that families and individuals are displaced;
(f) Consistent standards are needed regarding the inspection, testing,
and remediation of residential premises after a fire so that homeowners and
residents are able to have and insurance carriers are able to insure safe and
habitable homes after a fire;
(g) Furthermore, while homeowners insurance policies might cover
certain damage resulting from a fire, the extent to which insurance carriers
are covering the cleaning, repair, and remediation of homes is inconsistent,
and many homeowners are concerned that they will incur an additional
financial burden to remediate their homes to the point where they are clean
and safe to inhabit; and
(h) It is in the best interest of Colorado to protect the health and
safety of Colorado residents by ensuring that their homes are returned to a
healthy, habitable, and safe condition after suffering damage from fires,
PAGE 2-HOUSE BILL 24-1315 including damage from residual smoke, soot, ash, and other contaminants.
(2) The general assembly further declares that in order to properly
clean, repair, and remediate homes and provide clarity and assurances to the
many stakeholders involved with the remediation of residential premises
that have been damaged due to fire, smoke, soot, ash, and other
contaminants, the division of insurance shall conduct a study and make
recommendations regarding the establishment of uniform standards for the
remediation of residential premises that have been damaged by fires,
including damage from smoke, soot, ash, and other contaminants, and
regarding the extent to which the cleaning, repair, and remediation of those
properties should be covered by homeowners insurance.
SECTION 2. In Colorado Revised Statutes, add 10-1-145 as
follows:
10-1-145. Study regarding standards for the remediation of
residential premises after fire - required considerations - report -
repeal. (1) (a) T
HE DIVISION SHALL CONDUCT OR CAUSE TO BE CONDUCTED
A STUDY THAT
:
(I) E
VALUATES METHODS OF INSPECTING , TESTING, AND
REMEDIATING RESIDENTIAL PREMISES THAT HAVE BEEN DAMAGED BY
SMOKE
, SOOT, ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE ;
(II) I
NCLUDES RECOMMENDATIONS REGARDING THE ESTABLISHMENT
OF UNIFORM STANDARDS FOR THE INSPECTION
, TESTING, AND REMEDIATION
OF RESIDENTIAL PREMISES THAT HAVE BEEN DAMAGED BY SMOKE
, SOOT,
ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE ; AND
(III) CONSIDERS THE EXTENT TO WHICH ANY RECOMMENDED
UNIFORM STANDARDS RELATED TO THE REMEDIATION OF RESIDENTIAL
PREMISES DAMAGED BY FIRE
, INCLUDING DAMAGE FROM SMOKE , SOOT, ASH,
AND OTHER CONTAMINANTS , IMPACT THE COST AND AVAILABILITY OF
HOMEOWNERS INSURANCE
.
(b) T
HE DIVISION MAY CONTRACT WITH A THIRD PARTY TO CONDUCT
ALL OR PART OF THE STUDY
.
(2) T
HE STUDY CONDUCTED PURS UANT TO THIS SECTION MUST
PAGE 3-HOUSE BILL 24-1315 CONSIDER:
(a) E
XISTING PRACTICES AND METHODS FOR THE CLEANING , REPAIR,
AND REMEDIATION OF RESIDENTIAL PREMISES , STRUCTURES, PERSONAL
PROPERTY
, AND HOME FURNISHINGS THAT HAVE BEEN DAMAGED BY SMOKE ,
SOOT, ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE ;
(b) E
XISTING STANDARDS, IF ANY, FOR THE TESTING, INSPECTION,
AND REMEDIATION OF RESIDENTIAL PREMISES , STRUCTURES, HOME
FURNISHINGS
, AND PERSONAL PROPERTY THAT HAVE BEEN DAMAGED BY
SMOKE
, SOOT, ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE ,
INCLUDING ANY RELEVANT STANDARDS ESTABLISHED BY THE INSTITUTE OF
INSPECTION CLEANING AND RESTORATION CERTIFICATION OR A SUCCESSOR
ENTITY
;
(c) G
UIDELINES FOR DETERMINING WHETHER STRUCTURES , HOME
FURNISHINGS
, AND PERSONAL PROPERTY CAN BE REMEDIATED AFTER
EXPERIENCING DAMAGE FROM SMOKE
, SOOT, ASH, AND OTHER
CONTAMINANTS TO LEVELS THAT ARE PROTECTIVE OF HEALTH AND SAFETY
;
(d) E
XISTING INDOOR AIR QUALITY HEALTH AND SAFETY ST ANDARDS ,
IF AVAILABLE, REGARDING THE HABITABILITY OF RESIDENTIAL PREMISES ,
SPECIFICALLY AFTER THOSE RESIDENTIAL PREMISES HAVE BEEN DAMAGED
BY SMOKE
, SOOT, ASH, AND OTHER CONTAMINANTS AS A RESULT OF A FIRE ,
INCLUDING, TO THE EXTENT PRACTICABLE, INDOOR AIR QUALITY HEALTH
AND SAFETY STANDARDS FOR INDIVIDUALS WHO ARE MORE SUSCEPTIBLE TO
HEALTH ISSUES DUE TO EXPOSURE TO SMOKE
, SOOT, ASH, AND OTHER
CONTAMINANTS
; AND
(e) THE EXTENT TO WHICH TYPICAL HOMEOWNERS INSURANCE
POLICIES COVER DAMAGES TO RESIDENTIAL PREMISES THAT ARE THE RESULT
OF A FIRE
, INCLUDING DAMAGE FROM SMOKE , SOOT, ASH, AND OTHER
CONTAMINANTS
, AND THE EXTENT TO WHICH THOSE INSURANCE POLICIES
EFFECTIVELY COVER THE COST OF CLEANING
, REPAIR, AND REMEDIATION OF
THE RESIDENTIAL PREMISES
.
(3) T
HE DIVISION, OR A THIRD PARTY THE DIVISION CONTRACTS WITH,
SHALL ENGAGE WITH RELEVANT STAKEHOLDERS IN C ONDUCTING THE STUDY
PURSUANT TO SUBSECTIONS
(1) AND (2) OF THIS SECTION. RELEVANT
STAKEHOLDERS MAY INCLUDE
:
PAGE 4-HOUSE BILL 24-1315 (a) REPRESENTATIVES FROM THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
;
(b) I
NDIVIDUALS WHO OWN HOMES OR OTHER RESIDENTIAL
PREMISES
;
(c) R
EPRESENTATIVES FROM THE HOMEOWNERS INSURANCE
INDUSTRY IN
COLORADO;
(d) P
UBLIC HEALTH EXPERTS;
(e) R
EPRESENTATIVES FROM THE INDUSTRIAL HYGIENIST INDUSTRY
IN
COLORADO;
(f) R
EPRESENTATIVES FROM THE RESIDENTIAL REMEDIATION AND
RESTORATION INDUSTRY IN
COLORADO; AND
(g) REPRESENTATIVES FROM ORGANIZATIONS THAT ADVOCATE FOR
THE INTERESTS OF CONSUMERS OF HOMEOWNERS INSURANCE POLICIES
.
(4) O
N OR BEFORE JANUARY 1, 2026, THE DIVISION SHALL SUBMIT A
REPORT TO THE HOUSE OF REPRESENTATIVES HEALTH AND HUMAN SERVICES
COMMITTEE AND THE SENATE LOCAL GOVERNMENT AND HOUSING
COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES. THE REPORT MUST INCLUDE
THE RESEARCH
, FINDINGS, AND RECOMMENDATIONS OF THE STUDY
CONDUCTED IN ACCOR DANCE WITH SUBSECTIONS
(1) AND (2) OF THIS
SECTION
.
(5) T
HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2027.
SECTION 3. Appropriation. For the 2024-25 state fiscal year,
$219,909 is appropriated to the department of regulatory agencies for use
by the division of insurance. This appropriation is from the division of
insurance cash fund created in section 10-1-103 (3)(a)(I), C.R.S., and is
based on an assumption that the division will require an additional 0.2 FTE.
To implement this act, the division may use this appropriation for personal
services. Of the amount appropriated in this section, any amount up to
$200,000 not expended prior to July 1, 2025, is further appropriated to the
division for the 2025-26 state fiscal year for the same purpose.
PAGE 5-HOUSE BILL 24-1315 SECTION 4. Act subject to petition - effective date. 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.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 24-1315