Colorado 2025 2025 Regular Session

Colorado House Bill HB1202 Introduced / Fiscal Note

Filed 03/03/2025

                    HB 25-1202  
Fiscal Note 
Legislative Council Staff 
Nonpartisan Services for Colorado’s Legislature 
HB 25-1202: INCREASING PUBLIC AWARENESS OF MOLD HEALTH EFFECTS  
Prime Sponsors: 
Rep. Paschal; Mabrey 
  
Published for: House Energy & Environment  
Drafting number: LLS 25-0419  
Fiscal Analyst: 
Brendan Fung, 303-866-4781 
brendan.fung@coleg.gov  
Version: Initial Fiscal Note  
Date: March 3, 2025
Fiscal note status: This fiscal note reflects the introduced bill. 
Summary Information 
Overview. The bill enacts the Mold Awareness and Registration Act and requires certain disclosures in 
residential property transactions. 
Types of impacts. The bill is projected to affect the following areas on an ongoing basis: 
 State Expenditures 	 Minimal State Revenue
Appropriations. For FY 2025-26, the bill requires an appropriation of $493,036 to the Department of 
Public Health and Environment. 
Table 1 
State Fiscal Impacts  
Type of Impact
1
 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
State Revenue 	$0 	$0 
State Expenditures 	$513,080 	$287,416 
Transferred Funds  	$0 	$0 
Change in TABOR Refunds 	$0 	$0 
Change in State FTE 	1.0 FTE 	1.3 FTE 
1
 Fund sources for these impacts are shown in the tables below.   Page 2 
March 3, 2025  HB 25-1202 
 
Table 1A 
State Expenditures 
Fund Source 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
General Fund 	$493,036 	$261,470 
Cash Funds 	$0 	$0 
Federal Funds  	$0 	$0 
Centrally Appropriated 	$20,044 	$25,946 
Total Expenditures 	$513,080 $287,416 
Total FTE 	1.0 FTE 	1.3 FTE 
Summary of Legislation 
The bill enacts the Mold Awareness and Registration Act in the Department of Public Health and 
Environment (CDPHE) and establishes requirements for mold disclosure in the sale or rental of 
residential property. 
Mold Awareness and Registration Act 
The bill directs the CDPHE to establish a public awareness campaign on the health dangers of 
mold and the importance of remediating it from indoor environments. The campaign must 
include: 
 the distribution of certain information pertaining to mold; 
 the publication of organizations and public agencies that can assist with testing and 
remediation; and  
 a review of the existing and new treatments for identification and remediation.  
The CDPHE must adopt rules for these provisions by January 1, 2026. The department must also 
create a registry for individuals that provide mold assessment or remediation services, and 
maintain a public database of registered providers. 
Disclosure  
The bill requires a contract of sale or lease agreement for residential property to include specific 
disclosures about the health dangers of mold, any knowledge about the presence of mold in the 
property, prior mold assessments and remediation, and public awareness campaign documents. 
Background 
The Indoor Air Quality Unit in the CDPHE studies and provides information on air pollution, air 
quality, and ventilation in community-use buildings. These efforts are federally funded by the 
Environmental Protection Agency, which directs the unit’s efforts. Through FY 2026-27, indoor 
air quality funding is directed towards wildfire smoke preparedness and mitigation in indoor 
environments. Currently, the department does not oversee any programs directly related to 
mold exposure or remediation in indoor environments.  Page 3 
March 3, 2025  HB 25-1202 
 
State Revenue 
Starting in FY 2025-26, the bill may increase state revenue from filing fees to the Judicial 
Department if real estate professionals do not disclose certain information in the sale or lease of 
residential property, or if mold mitigation entities fail to comply with registration requirements. 
It is assumed that these parties will abide by the law and that this impact will be minimal. 
Revenue from filing fees is subject to TABOR.  
State Expenditures 
The bill increases state expenditures in the Department of Public Health and Environment by 
about $514,000 in FY 2025-26 and $287,000 in future years. These costs, paid from the General 
Fund, are summarized in Table 2 and discussed below.  The bill also minimally affects workload 
in the Department of Regulatory Agencies and the Judicial Department. 
Table 2 
State Expenditures 
Department of Public Health and Environment 
Cost Component 
Budget Year 
FY 2025-26 
Out Year 
FY 2026-27 
Personal Services 	$81,947  $105,344  
Operating Expenses 	$1,280 	$1,664 
Capital Outlay Costs 	$6,670 	$0 
Travel Expenses 	$1,203 	$2,286 
Public Awareness Campaign 	$146,760 	$46,000 
Registration 	$230,000 	$90,000 
IT Maintenance and Contingency 	$25,176 	$16,176 
Centrally Appropriated Costs 	$20,044  	$25,946  
Total Costs 	$513,080 $287,416 
Total FTE 	1.0 FTE 	1.3 FTE 
Department of Public Health and Environment 
Expenditures in the CDPHE will increase for staff, materials, information technology systems, the 
public awareness campaign, and for a registration program as described below.  
Staff 
Starting in FY 2025-26, CDPHE requires 1.0 FTE Physical Scientist Researcher II to research and 
compile the information required for the public awareness campaign, create and distribute 
campaign materials, study mold assessment and remediation methods, generate the five-year 
reviews, and support the Board of Health with rulemaking. This position also requires travel, 
lodging, and per diem reimbursement. Staff costs for this FTE are prorated in the first year based 
on the bill’s effective date.  Page 4 
March 3, 2025  HB 25-1202 
 
The department also requires 0.2 FTE Marketing and Communications Specialist III and 0.1 FTE 
Project Manager I to manage the paid media contract and perform annual maintenance on the 
public-facing website and registration database, respectively. Staff costs for these FTE are 
prorated in the first year based on a start date of January 1, 2026. 
Public Awareness Campaign 
The bill requires CDPHE to establish a public awareness campaign by creating electronic and 
physical materials for public access. In FY 2025-26 only, expenditures will increase by about 
$22,000 to create a new website and publish information related to mold dangers, assessment, 
and remediation. Additionally, the department requires an estimated $79,000 in the first year 
only to generate content and print materials, and an additional $46,000 to purchase advertising 
space on an annual basis.  
Registration 
The bill also requires CDPHE to register entities that offer mold assessment and remediation, 
and establish a publicly accessible database of these individuals. In FY 2025-26 only, 
expenditures will increase by $140,000 to develop the database, with an additional $90,000 for 
annual licensing fees.  
IT Maintenance and Contingency 
About $252,000 of costs for the website, database development, and licensing as identified 
above will be implemented by the Office of Information Technology (OIT). Ongoing contingency 
and maintenance costs are estimated at 10 percent of total IT expenditures starting in 
FY 2025-26. 
Centrally Appropriated Costs 
Pursuant to a Joint Budget Committee policy, certain costs associated with this bill are 
addressed through the annual budget process and centrally appropriated in the Long Bill or 
supplemental appropriations bills, rather than in this bill.  These costs, which may include 
employee insurance, supplemental employee retirement payments, leased space, and indirect 
cost assessments, are shown in the expenditure table(s) above. 
Other Agency Impacts 
Starting in FY 2025-26, the bill minimally increases workload in DORA and the Judicial 
Department, as described below. 
Department of Regulatory Agencies 
Workload in the Division of Real Estate in DORA will minimally increase to update contract 
documents and mold disclosure forms for residential property transactions, conduct outreach to 
real estate professionals, and respond to complaints. The department may require legal services, 
provided by the Department of Law, related to rulemaking, implementation, and a rise in 
complaints. This workload is expected to be minimal and no change in appropriations is 
required.  Page 5 
March 3, 2025  HB 25-1202 
 
Judicial Department 
Similar to the State Revenue section above, trial courts in the Judicial Department may 
experience an increase in workload if additional civil cases are filed. It is assumed that real estate 
and mold mitigation professionals will abide by the law and that any violation of the legislation 
will result in a minimal number of new cases. This effort can be accomplished within existing 
appropriations. 
Effective Date 
The bill takes effect 90 days following adjournment of the General Assembly sine die, assuming 
no referendum petition is filed, except that the provisions related to required disclosures by real 
estate professionals take effect January 1, 2026. 
State Appropriations 
For FY 2025-26, the bill requires a General Fund appropriation of $493,036 to the Department of 
Public Health and Environment, and 1.0 FTE. Of this amount, $276,936 is reappropriated to the 
Office of Information Technology. 
State and Local Government Contacts 
Information Technology 
Judicial 
Law 
Local Affairs 
Public Health and Environment 
Regulatory Agencies  
 
 
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each 
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.