First Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 25-0267.01 Kristen Forrestal x4217 HOUSE BILL 25-1182 House Committees Senate Committees Business Affairs & Labor A BILL FOR AN ACT C ONCERNING TOOLS TO ASSESS RISK FOR THE PURPOSE OF101 UNDERWRITING PROPERTY INSURANCE POLICIES .102 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 .) For the purposes of underwriting homeowners and other property insurance policies, the bill requires insurers who use a wildfire risk model, a catastrophe model, a combination of models, or a scoring method to adhere to specific requirements that concern the sharing of information with the commissioner of insurance and the public, the inclusion of specific activities in the models, and providing notices to HOUSE SPONSORSHIP Titone and Brown, SENATE SPONSORSHIP Cutter and Simpson, 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. policyholders. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, add 10-4-124 as2 follows:3 10-4-124. Homeowner's insurance - underwriting - wildfire4 risk models - requirements - definitions - rules. (1) A S USED IN THIS5 SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :6 (a) "C ATASTROPHE MODEL" MEANS A TOOL, INSTRUMENTALITY,7 MEANS, OR PRODUCT, INCLUDING A MAP-BASED TOOL, A COMPUTER-BASED8 TOOL, OR A SIMULATION THAT IS USED BY AN INSURER OR A REINSURER TO9 ESTIMATE POTENTIAL LOSSES FROM CATASTROPHIC EVENTS .10 (b) "W ILDFIRE RISK MODEL" MEANS A TOOL, INSTRUMENTALITY,11 MEANS, OR PRODUCT, INCLUDING A MAP-BASED TOOL, A COMPUTER-BASED12 TOOL, OR A SIMULATION, THAT IS USED BY AN INSURER OR A REINSURER,13 IN WHOLE OR IN PART, TO MEASURE OR ASSESS THE WILDFIRE RISK14 ASSOCIATED WITH A RESIDENTIAL OR COMMERCIAL PROPERTY OR15 COMMUNITY FOR PURPOSES OF RATING , CLASSIFYING, OR PRICING BASED16 ON WILDFIRE RISK OR ESTIMATING RISKS OR LOSSES CORRESPONDING TO17 THE WILDFIRE RISK CLASSIFICATIONS.18 (2) A N INSURER OR REINSURER THAT USES A WILDFIRE RISK MODEL19 OR A CATASTROPHE MODEL OR SCORING METHOD TO ASSIGN RISK SHALL20 PROVIDE THE WILDFIRE RISK MODEL, CATASTROPHE MODEL, OR SCORING21 METHOD USED TO ASSIGN RISK, INCLUDING A DESCRIPTION OF THE MODEL,22 THE IMPACT OF THE MODEL ON RATES, AND AN EXPLANATION OF THE USE23 OF THE MODEL IN UNDERWRITING DECISIONS , TO THE COMMISSIONER AS24 PART OF THE INSURER'S COMPLETE FILING.25 HB25-1182-2- (3) AN INSURER OR REINSURER THAT USES A WILDFIRE RISK1 MODEL, A CATASTROPHE MODEL, OR A COMBINATION OF MODELS SHALL2 ENSURE THAT A WILDFIRE RISK MODEL , CATASTROPHE MODEL, OR THE3 COMBINATION OF MODELS INCORPORATES :4 (a) P ROPERTY-SPECIFIC MITIGATION ACTIONS SUCH AS5 ESTABLISHING DEFENSIBLE SPACE, INCORPORATING BUILDING HARDENING6 MEASURES, OR RECEIVING CERTIFICATION FROM AN ENTITY WITH7 EXPERTISE IN MITIGATION OF PROPERTIES AGAINST WILDFIRE ;8 (b) C OMMUNITY-LEVEL MITIGATION ACTIVITIES OR DESIGNATIONS;9 AND10 (c) S TATE-LEVEL ACTIVITIES TO ADDRESS WILDFIRE RISK ,11 INCLUDING THE PURCHASE OF EQUIPMENT TO COMBAT WILDFIRES .12 (4) A N INSURER SHALL POST ON ITS PUBLIC WEBSITE READILY13 ACCESSIBLE INFORMATION ON THE PREMIUM DISCOUNTS , INCENTIVES, OR14 OTHER PREMIUM ADJUSTMENTS THAT ARE AVAILABLE TO POLICYHOLDERS15 WHO UNDERTAKE SPECIFIED MITIGATION EFFORTS AND THE PROCESS FOR16 APPEALING A WILDFIRE RISK SCORE. THE WEBSITE SHALL IDENTIFY, AS17 APPLICABLE:18 (a) W ILDFIRE RISK MITIGATION ACTIONS FOR THE POLICYHOLDER19 TO UNDERTAKE THAT WOULD RESULT IN A DISCOUNT , INCENTIVE, OR20 OTHER PREMIUM ADJUSTMENT ; AND21 (b) T HE AMOUNT OF THE DISCOUNT , INCENTIVE, OR OTHER22 PREMIUM ADJUSTMENT ASSOCIATED WITH EACH WILDFIRE RISK23 MITIGATION ACTION.24 (5) (a) A N INSURER THAT USES A WILDFIRE RISK MODEL OR RISK25 SCORE TO UNDERWRITE, NONRENEW, PRICE, CREATE A RATE DIFFERENTIAL,26 OR SURCHARGE THE PREMIUM BASED UPON THE POLICYHOLDER 'S OR27 HB25-1182 -3- APPLICANT'S WILDFIRE RISK SHALL PROVIDE AN ANNUAL WRITTEN NOTICE1 TO EACH POLICYHOLDER OR APPLICANT UPON APPLICATION FOR PROPERTY2 INSURANCE OF THE WILDFIRE RISK SCORE AND ANY OTHER WILDFIRE RISK3 CLASSIFICATION USED BY THE INSURER TO UNDERWRITE , NONRENEW,4 PRICE, CREATE A RATE DIFFERENTIAL, OR SURCHARGE THE PREMIUM BASED5 UPON THE POLICYHOLDER'S OR APPLICANT'S WILDFIRE RISK.6 (b) T HE NOTICE SHALL INCLUDE:7 (I) A PLAIN-LANGUAGE EXPLANATION OF THE WILDFIRE RISK8 SCORE OR OTHER WILDFIRE RISK CLASSIFICATION ;9 (II) T HE RANGE OF THE SCORES OR CLASSIFICATIONS THAT COULD10 POTENTIALLY BE ASSIGNED TO THE PROPERTY ;11 (III) T HE RELATIVE POSITION OF THE SCORE OR CLASSIFICATION12 ASSIGNED TO THE PROPERTY WITHIN THAT RANGE OF POSSIBLE SCORES OR13 CLASSIFICATIONS;14 (IV) T HE IMPACT OF THE SCORE OR CLASSIFICATION ON THE RATE15 OR PREMIUM;16 (V) A WRITTEN EXPLANATION OF WHY THE POLICYHOLDER OR17 APPLICANT RECEIVED THE ASSIGNED SCORE OR CLASSIFICATION THAT18 IDENTIFIES THE SPECIFIC FEATURES OF THE PROPERTY THAT INFLUENCED19 THE ASSIGNMENT OF THE SCORE OR CLASSIFICATION ; AND20 (VI) T HE IMPACT, IF ANY, THAT EACH WILDFIRE RISK MITIGATION21 ACTION COULD HAVE ON A WILDFIRE RISK SCORE OR CLASSIFICATION22 ASSIGNED TO THE PROPERTY.23 (6) T HE INSURER SHALL PROVIDE THE WILDFIRE RISK SCORE OR24 CLASSIFICATION TO THE POLICYHOLDER OR APPLICANT :25 (a) F OR APPLICANTS, NO LATER THAN FIFTEEN DAYS AFTER THE26 SUBMISSION OF THE APPLICANT 'S COMPLETED APPLICATION TO THE27 HB25-1182 -4- INSURER;1 (b) F OR POLICYHOLDERS, AT LEAST SIXTY DAYS BEFORE A2 RENEWAL OF A POLICY;3 (c) F OR POLICYHOLDERS, AT LEAST NINETY DAYS BEFORE A4 NONRENEWAL OF A POLICY; AND5 (d) F OR A POLICYHOLDER OR APPLICANT, IF THE POLICYHOLDER OR6 APPLICANT HAS COMPLETED A MITIGATION MEASURE ON THE PROPERTY7 SINCE THE TIME OF THE LAST APPLICATION TO OR RENEWAL BY THE8 INSURER, NO LATER THAN THIRTY DAYS AFTER THE SUBMISSION TO THE9 INSURER OF THE POLICYHOLDER 'S OR APPLICANT'S REQUEST THAT THE10 INSURER PROVIDE A REVISED WILDFIRE RISK SCORE OR WILDFIRE RISK11 CLASSIFICATION.12 (7) A POLICYHOLDER OR APPLICANT FOR A POLICY OF PROPERTY13 INSURANCE WHO DISAGREES WITH THE WILDFIRE RISK SCORE , OR WITH14 ANY OTHER WILDFIRE RISK CLASSIFICATION ASSIGNED TO THE15 POLICYHOLDER'S OR APPLICANT'S PROPERTY, MAY APPEAL THE SCORE16 DIRECTLY TO THE INSURER . THE INSURER SHALL NOTIFY THE17 POLICYHOLDER OR APPLICANT IN WRITING OF THE RIGHT TO APPEAL THE18 WILDFIRE RISK SCORE OR OTHER WILDFIRE RISK CLASSIFICATION WHEN THE19 SCORE OR CLASSIFICATION IS PROVIDED TO THE POLICYHOLDER OR20 APPLICANT AS REQUIRED BY SUBSECTION (5) OF THIS SECTION. IF THE21 POLICYHOLDER OR APPLICANT APPEALS THE WILDFIRE RISK SCORE OR22 OTHER WILDFIRE RISK CLASSIFICATION , THE INSURER SHALL23 ACKNOWLEDGE RECEIPT OF THE APPEAL IN WRITING WITHIN TEN24 CALENDAR DAYS AFTER RECEIPT OF THE APPEAL . THE INSURER SHALL25 RESPOND TO THE APPEAL IN WRITING WITH A RECONSIDERATION AND26 DECISION WITHIN THIRTY CALENDAR DAYS AFTER RECEIVING THE APPEAL .27 HB25-1182 -5- IF AN APPEAL IS DENIED, THE INSURER SHALL, UPON REQUEST BY THE1 COMMISSIONER, FORWARD A COPY OF THE APPEAL AND THE INSURER 'S2 RESPONSE, TO THE COMMISSIONER.3 (8) T HE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS4 SECTION.5 SECTION 2. Act subject to petition - effective date -6 applicability. (1) This act takes effect January 1, 2026; except that, if a7 referendum petition is filed pursuant to section 1 (3) of article V of the8 state constitution against this act or an item, section, or part of this act9 within the ninety-day period after final adjournment of the general10 assembly, then the act, item, section, or part will not take effect unless11 approved by the people at the general election to be held in November12 2026 and, in such case, will take effect January 1, 2026, or on the date of13 the official declaration of the vote thereon by the governor, whichever is14 later.15 (2) This act applies to property insurance policies issued or16 renewed on or after the applicable effective date of this act.17 HB25-1182 -6-