First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 25-0267.01 Kristen Forrestal x4217 HOUSE BILL 25-1182 House Committees Senate Committees Business Affairs & Labor Business, Labor, & Technology 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 SENATE Amended 2nd Reading April 3, 2025 HOUSE 3rd Reading Unamended March 20, 2025 HOUSE Amended 2nd Reading March 19, 2025 HOUSE SPONSORSHIP Titone and Brown, Bacon, Bird, Boesenecker, Joseph, Lindsay, Marshall, McCluskie, Ricks, Stewart K., Story 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 insurance - underwriting - wildfire risk4 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 TO ESTIMATE9 POTENTIAL LOSSES FROM CATASTROPHIC EVENTS .10 (b) "COMMUNITY-LEVEL MITIGATION ACTION" MEANS A11 SCIENCE-BASED MITIGATION ACTION AS DEMONSTRATED BY A12 COMMUNITY- OR NEIGHBORHOOD-LEVEL DESIGNATION OR CERTIFICATION13 OR AS UNDERTAKEN BY A GOVERNMENT ENTITY .14 (c) "PROPERTY-SPECIFIC MITIGATION ACTION" MEANS A15 SCIENCE-BASED MITIGATION ACTION AS DEMONSTRATED BY THE16 "WILDFIRE PREPARED HOME" DESIGNATION FROM THE INSURANCE17 INSTITUTE FOR BUSINESS AND HOME SAFETY OR BY A SIMILAR18 MITIGATION PROGRAM THAT INCLUDES A VERIFICATION AND19 CERTIFICATION PROCESS.20 (d) "WILDFIRE RISK MODEL" MEANS A TOOL, INSTRUMENTALITY,21 MEANS, OR PRODUCT, INCLUDING A MAP-BASED TOOL, A COMPUTER-BASED22 TOOL, OR A SIMULATION, THAT IS USED BY AN INSURER IN WHOLE OR IN23 PART, TO MEASURE OR ASSESS THE WILDFIRE RISK ASSOCIATED WITH A24 RESIDENTIAL PROPERTY OR COMMUNITY FOR PURPOSES OF RATING ,25 1182-2- CLASSIFYING, OR PRICING BASED ON WILDFIRE RISK OR ESTIMATING RISKS1 OR LOSSES CORRESPONDING TO THE WILDFIRE RISK CLASSIFICATIONS .2 (2) (a) AN INSURER THAT USES A WILDFIRE RISK MODEL OR A3 CATASTROPHE MODEL OR SCORING METHOD TO ASSIGN RISK SHALL4 PROVIDE THE WILDFIRE RISK MODEL, CATASTROPHE MODEL, OR SCORING5 METHOD USED TO ASSIGN RISK, INCLUDING A DESCRIPTION OF THE MODEL,6 THE IMPACT OF THE MODEL ON RATES, AN ACTUARIAL JUSTIFICATION FOR7 ALL RATING FACTORS, INCLUDING MITIGATION DISCOUNTS OFFERED, AND8 AN EXPLANATION OF THE USE OF THE MODEL IN UNDERWRITING DECISIONS ,9 TO THE COMMISSIONER AS PART OF THE INSURER 'S COMPLETE FILING.10 (b) TO THE EXTENT DATA IS AVAILABLE AND AS ESTABLISHED BY11 RULE, AN INSURER SHALL SUBMIT TO THE DIVISION, AS PART OF THEIR RATE12 FILINGS, INFORMATION ON HOW AND WHETHER THE MODELS USED FOR13 UNDERWRITING AND RATING ACCOUNT FOR STATE-WIDE MITIGATION14 ACTIVITIES, SUCH AS FOREST TREATMENT , INVESTMENTS IN WILDFIRE15 FIGHTING AND MITIGATION EQUIPMENT, AND UTILITY WILDFIRE16 MITIGATION ACTIVITIES UNDERTAKEN PURSUANT TO A WILDFIRE17 MITIGATION PLAN APPROVED BY THE PUBLIC UTILITIES COMMISSION .18 (c) MODELS SUBMITTED TO THE COMMISSIONER PURSUANT TO THIS19 SECTION SHALL BE TREATED AS TRADE SECRETS AND NOT SUBJECT TO20 DISCLOSURE UNDER THE "COLORADO OPEN RECORDS ACT, PART 2 OF21 ARTICLE 72 OF TITLE 24.22 (3) A N INSURER THAT USES A WILDFIRE RISK MODEL , A23 CATASTROPHE MODEL, OR A COMBINATION OF MODELS SHALL ENSURE THE24 FOLLOWING FACTORS ARE EITHER INCORPORATED IN THE WILDFIRE RISK25 MODEL, CATASTROPHE MODEL, OR COMBINATION OF MODELS OR ARE26 OTHERWISE DEMONSTRABLY INCLUDED IN THE INSURER'S UNDERWRITING27 1182 -3- AND PRICING:1 (a) P ROPERTY-SPECIFIC MITIGATION ACTIONS SUCH AS2 ESTABLISHING DEFENSIBLE SPACE, INCORPORATING BUILDING HARDENING3 MEASURES, OR RECEIVING CERTIFICATION FROM AN ENTITY WITH4 EXPERTISE IN MITIGATION OF PROPERTIES AGAINST WILDFIRE ; AND5 (b) C OMMUNITY-LEVEL MITIGATION ACTIVITIES OR DESIGNATIONS,6 INCLUDING FOREST TREATMENT AND OTHER FUEL REDUCTION ACTIVITIES. 7 (4) IF AN INSURER DOES NOT INCORPORATE PROPERTY -SPECIFIC8 AND COMMUNITY-LEVEL MITIGATION ACTIONS INTO ITS MODELS , THE9 INSURER SHALL PROVIDE DISCOUNTS TO POLICYHOLDERS WHO CAN10 DEMONSTRATE THAT PROPERTY -SPECIFIC MITIGATION ACTIONS HAVE BEEN11 UNDERTAKEN ON THE PROPERTY OR COMMUNITY -LEVEL MITIGATION12 ACTIONS HAVE BEEN UNDERTAKEN IN SUFFICIENT PROXIMITY TO THE13 PROPERTY TO REDUCE THE RISK OF LOSS.14 (5) AN INSURER SHALL POST ON ITS PUBLIC WEBSITE READILY15 ACCESSIBLE INFORMATION ON THE PREMIUM DISCOUNTS , INCENTIVES, OR16 OTHER PREMIUM ADJUSTMENTS THAT ARE AVAILABLE TO POLICYHOLDERS17 WHO UNDERTAKE PROPERTY-SPECIFIC MITIGATION ACTIONS OR PROVIDE18 EVIDENCE OF COMMUNITY-LEVEL MITIGATION ACTIONS AND THE PROCESS19 FOR APPEALING A WILDFIRE RISK SCORE. THE WEBSITE SHALL IDENTIFY, AS20 APPLICABLE:21 (a) PROPERTY-SPECIFIC MITIGATION ACTIONS FOR THE22 POLICYHOLDER TO UNDERTAKE AND COMMUNITY-LEVEL MITIGATION23 ACTIONS THAT COULD RESULT IN A DISCOUNT , INCENTIVE, OR OTHER24 PREMIUM ADJUSTMENT; AND25 (b) T HE AMOUNT OF THE DISCOUNT , INCENTIVE, OR OTHER26 PREMIUM ADJUSTMENT ASSOCIATED WITH EACH ACTION.27 1182 -4- (6) (a) AN INSURER THAT PROVIDES A MITIGATION DISCOUNT OR1 THAT USES A WILDFIRE RISK MODEL OR RISK SCORE TO UNDERWRITE ,2 NONRENEW, PRICE, CREATE A RATE DIFFERENTIAL, OR SURCHARGE THE3 PREMIUM BASED UPON THE POLICYHOLDER 'S OR APPLICANT'S WILDFIRE4 RISK SHALL PROVIDE AN ANNUAL WRI TTEN NOTICE TO EACH5 POLICYHOLDER OR APPLICANT UPON APPLICATION FOR PROPERTY6 INSURANCE OF THE APPLICABLE MITIGATION DISCOUNTS , THE WILDFIRE7 RISK SCORE, AND ANY OTHER WILDFIRE RISK CLASSIFICATION USED BY THE8 INSURER TO UNDERWRITE , NONRENEW, PRICE, CREATE A RATE9 DIFFERENTIAL, OR SURCHARGE THE PREMIUM BASED UPON THE10 POLICYHOLDER'S OR APPLICANT'S WILDFIRE RISK.11 (b) T HE NOTICE SHALL INCLUDE:12 (I) A PLAIN-LANGUAGE EXPLANATION OF THE WILDFIRE RISK13 SCORE OR OTHER WILDFIRE RISK CLASSIFICATION, INCLUDING AN14 EXPLANATION THAT INSURERS MAY USE DIFFERENT MODELS AND HAVE15 DIFFERENT RISK SCORE RANGES THAT COULD RESULT IN DIFFERENT RISK16 SCORES FROM OTHER INSURERS ;17 (II) T HE RANGE OF THE SCORES OR CLASSIFICATIONS THAT COULD18 POTENTIALLY BE ASSIGNED TO THE PROPERTY ;19 (III) T HE RELATIVE POSITION OF THE SCORE OR CLASSIFICATION20 ASSIGNED TO THE PROPERTY WITHIN THAT RANGE OF POSSIBLE SCORES OR21 CLASSIFICATIONS PROVIDED BY THE INSURER 'S RISK MODEL;22 (IV) A WRITTEN EXPLANATION OF WHY THE POLICYHOLDER OR23 APPLICANT RECEIVED THE ASSIGNED SCORE OR CLASSIFICATION THAT24 IDENTIFIES THE PRIMARY FEATURES OF THE PROPERTY THAT INFLUENCED25 THE ASSIGNMENT OF THE SCORE OR CLASSIFICATION ; AND26 (V) THE IMPACT, IF ANY, THAT EACH PROPERTY-SPECIFIC27 1182 -5- MITIGATION OR COMMUNITY-LEVEL MITIGATION ACTION COULD HAVE ON1 A WILDFIRE RISK SCORE OR CLASSIFICATION ASSIGNED TO THE PROPERTY .2 (7) THE INSURER SHALL PROVIDE THE WILDFIRE RISK SCORE OR3 CLASSIFICATION TO THE POLICYHOLDER OR APPLICANT :4 (a) F OR APPLICANTS, NO LATER THAN FIFTEEN DAYS AFTER THE5 SUBMISSION OF THE APPLICANT 'S COMPLETED APPLICATION TO THE6 INSURER;7 (b) F OR POLICYHOLDERS, IN THE OFFER OF RENEWAL;8 (c) FOR POLICYHOLDERS THAT ARE NOT BEING OFFERED A9 RENEWAL, WITH THE NONRENEWAL NOTICE ; AND10 (d) F OR A POLICYHOLDER OR APPLICANT, IF THE POLICYHOLDER OR11APPLICANT HAS COMPLETED A PROPERTY-SPECIFIC MITIGATION ACTION OR12 PROVIDES EVIDENCE OF A COMMUNITY-LEVEL MITIGATION ACTION IN13 SUFFICIENT PROXIMITY TO THE PROPERTY TO REDUCE THE RISK OF LOSS14 SINCE THE TIME OF THE LAST APPLICATION TO OR RENEWAL BY THE15 INSURER, NO LATER THAN THIRTY DAYS AFTER THE SUBMISSION TO THE16 INSURER OF THE POLICYHOLDER 'S OR APPLICANT'S REQUEST THAT THE17 INSURER PROVIDE A REVISED WILDFIRE RISK SCORE OR WILDFIRE RISK18 CLASSIFICATION.19 (8) A POLICYHOLDER OR APPLICANT FOR A POLICY OF PROPERTY20 INSURANCE WHOSE WILDFIRE RISK MODEL SCORE, WILDFIRE RISK21 CLASSIFICATION ASSIGNED TO THE PROPERTY, OR APPLICABLE MITIGATION22 DISCOUNT IS INACCURATE AND PROVIDES EVIDENCE OF THE23 PROPERTY-SPECIFIC OR COMMUNITY-LEVEL MITIGATION ACTION MAY24 APPEAL THE SCORE DIRECTLY TO THE INSURER . THE INSURER SHALL25 NOTIFY THE POLICYHOLDER OR APPLICANT IN WRITING OF THE RIGHT TO26 APPEAL THE WILDFIRE RISK SCORE OR OTHER WILDFIRE RISK27 1182 -6- CLASSIFICATION OR APPLICABLE MITIGATION DISCOUNT WHEN THE SCORE1 OR CLASSIFICATION OR DISCOUNT IS PROVIDED TO THE POLICYHOLDER OR2 APPLICANT AS REQUIRED BY SUBSECTION (6) OF THIS SECTION. IF THE3 POLICYHOLDER OR APPLICANT APPEALS THE WILDFIRE RISK SCORE OR4 OTHER WILDFIRE RISK CLASSIFICATION OR APPLICABLE WILDFIRE5 DISCOUNT, THE INSURER SHALL ACKNOWLEDGE RECEIPT OF THE APPEAL IN6 WRITING WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE APPEAL . THE7 INSURER SHALL RESPOND TO THE APPEAL IN WRITING WITH A8 RECONSIDERATION AND DECISION WITHIN THIRTY CALENDAR DAYS AFTER9 RECEIVING THE APPEAL. IF AN APPEAL IS DENIED, THE INSURER SHALL,10 UPON REQUEST BY THE COMMISSIONER , FORWARD A COPY OF THE APPEAL11 AND THE INSURER'S RESPONSE, TO THE COMMISSIONER.12 (9) THIS SECTION APPLIES TO PROPERTY INSURANCE COVERAGE13 PROVIDED BY THE FAIR ACCESS TO INSURANCE REQUIREMENTS PLAN14 ASSOCIATION CREATED IN SECTION 10-4-1804.15 (10) THIS SECTION APPLIES ONLY TO HOMEOWNER 'S INSURANCE16 POLICIES AS DEFINED IN SECTION 10-4-110.6, PROPERTY INSURANCE17 POLICIES COVERING RESIDENTIAL CONDOMINIUM UNITS AS DEFINED IN18 SECTION 38-33-103 (1), AND MULTIFAMILY RESIDENTIAL HOUSING AS19 DEFINED IN SECTION 24-32-3701 (9).20 (11) THE COMMISSIONER MAY ADOPT RULES TO IMPLEMENT THIS21 SECTION.22 SECTION 2. Act subject to petition - effective date -23 applicability. (1) This act takes effect July 1, 2026; except that, if a24 referendum petition is filed pursuant to section 1 (3) of article V of the25 state constitution against this act or an item, section, or part of this act26 within the ninety-day period after final adjournment of the general27 1182 -7- assembly, then the act, item, section, or part will not take effect unless1 approved by the people at the general election to be held in November2 2026 and, in such case, will take effect on the date of the official3 declaration of the vote thereon by the governor.4 (2) This act applies to property insurance policies issued or5 renewed on or after the applicable effective date of this act.6 1182 -8-