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Colorado House Bill HB1202

Colorado 2025 Regular Session

Colorado House Bill HB1202 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0419.01 Clare Haffner x6137
88 HOUSE BILL 25-1202
99 House Committees Senate Committees
1010 Energy & Environment
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING MEASURES TO ADDRESS MOLD IN INDOOR101
1414 ENVIRONMENTS, AND, IN CONNECTION THEREWITH , ENACTING102
1515 THE "MOLD AWARENESS AND REGISTRATION ACT".103
1616 Bill Summary
1717 (Note: This summary applies to this bill as introduced and does
1818 not reflect any amendments that may be subsequently adopted. If this bill
1919 passes third reading in the house of introduction, a bill summary that
2020 applies to the reengrossed version of this bill will be available at
2121 http://leg.colorado.gov
2222 .)
2323 Section 1 of the bill enacts the "Mold Awareness and Registration
2424 Act", which requires the department of public health and environment
2525 (department) to establish a public awareness campaign (campaign) to
2626 assist the public in understanding the health dangers of mold and the
2727 importance of removing mold from indoor environments.
2828 HOUSE SPONSORSHIP
2929 Paschal and Mabrey,
3030 SENATE SPONSORSHIP
3131 (None),
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. The department is directed to establish the campaign, and the state
3535 board of health is directed to adopt rules governing the campaign. As part
3636 of the campaign, the department is required to:
3737 ! Inform the public on the health dangers of mold;
3838 ! Provide the public with contact information for
3939 organizations or government agencies that can provide
4040 further information relating to the health effects of mold,
4141 mold testing methods, or accredited industry standards for
4242 mold remediation; and
4343 ! Every 5 years, perform a review of the technology or
4444 treatment techniques for mold identification and
4545 remediation that protect public health and safety.
4646 Section 1 also requires the executive director of the department to
4747 issue a registration to a person that provides mold remediation or
4848 assessment services in the state if the person applies for registration and
4949 provides evidence of an active third-party remediation or assessment
5050 certification, as well as evidence of financial responsibility. The executive
5151 director is required to maintain on the department's website a public
5252 database of all persons that have been issued a registration.
5353 Sections 2 and 3 require a contract to sell residential real property
5454 to contain, and a landlord of residential real property to provide to
5555 prospective tenants, in writing:
5656 ! A warning statement about the health dangers of mold;
5757 ! Any knowledge the seller or landlord has of the residential
5858 real property's mold concentrations and history, including
5959 assessments performed, reports written, and mitigation or
6060 remediation conducted; and
6161 ! The most recent brochure published by the department that
6262 provides information about the health dangers of mold in
6363 indoor environments.
6464 Be it enacted by the General Assembly of the State of Colorado:1
6565 SECTION 1. In Colorado Revised Statutes, add part 26 to article2
6666 4 of title 25 as follows:3
6767 PART 264
6868 MOLD AWARENESS AND REGISTRATION ACT5
6969 25-4-2601. Short title. T
7070 HE SHORT TITLE OF THIS PART 26 IS THE6
7171 "M
7272 OLD AWARENESS AND REGISTRATION ACT".7
7373 25-4-2602. Legislative declaration. (1) T
7474 HE GENERAL ASSEMBLY8
7575 HB25-1202-2- FINDS AND DECLARES THAT:1
7676 (a) T
7777 HE WORLD HEALTH ORGANIZATION STATES THAT THOSE2
7878 LIVING IN DAMP AND MOLDY BUILDINGS FACE AN INCREASED RISK OF3
7979 RESPIRATORY HEALTH ISSUES, INCLUDING SEVERE HEALTH CONDITIONS4
8080 SUCH AS ASTHMA;5
8181 (b) E
8282 XCESSIVE INDOOR DAMPNESS AND MOLD IN BUILDINGS IS A6
8383 WIDESPREAD PROBLEM THAT WARRANTS ACTION AT THE LOCAL , STATE,7
8484 AND NATIONAL LEVELS;8
8585 (c) B
8686 ECAUSE OF THE POSSIBLE HEALTH EFFECTS OF EXPOSURE TO9
8787 MOLD IN BUILDINGS AND THE PREVALENCE OF COLORADO HOMES WITH10
8888 MOLD, IT IS IMPERATIVE THAT COLORADO RESIDENTS BE AWARE OF THE11
8989 DANGERS OF MOLD AND THE NEED FOR PROPER ASSESSMENT AND12
9090 REMEDIATION OF INDOOR ENVIRONMENTS AFFECTED BY MOLD ; AND13
9191 (d) T
9292 HERE IS A NEED TO ESTABLISH A PUBLIC AWARENESS14
9393 CAMPAIGN IN THE STATE TO EDUCATE THE PUBLIC ON THE HEALTH15
9494 DANGERS OF MOLD AND TO IDENTIFY PARTIES PERFORMING MOLD16
9595 REMEDIATION OR ASSESSMENT IN THE STATE .17
9696 25-4-2603. Definitions. A
9797 S USED IN THIS PART 26, UNLESS THE18
9898 CONTEXT OTHERWISE REQUIRES :19
9999 (1) "ANSI/IICRC
100100 S520 STANDARD" MEANS THE AMERICAN20
101101 N
102102 ATIONAL STANDARDS INSTITUTE/INSTITUTE OF INSPECTION, CLEANING21
103103 AND RESTORATION CERTIFICATION S520 STANDARD FOR PROFESSIONAL22
104104 M
105105 OLD REMEDIATION.23
106106 (2) "B
107107 OARD" MEANS THE STATE BOARD OF HEALTH CREATED IN24
108108 SECTION 25-1-103.25
109109 (3) "D
110110 EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH26
111111 AND ENVIRONMENT CREATED IN SECTION 25-1-102.27
112112 HB25-1202
113113 -3- (4) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF1
114114 THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.2
115115 (5) (a) "M
116116 OLD" MEANS MICROSCOPIC ORGANISMS OR FUNGI THAT3
117117 CAN GROW IN DAMP CONDITIONS IN THE INTERIOR OF A BUILDING .4
118118 (b) "M
119119 OLD" INCLUDES CLADOSPORIUM, PENICILLIUM, ALTERNARIA,5
120120 ASPERGILLUS, FUSARIUM, TRICHODERMA, MEMNONIELLA, MUCOR,6
121121 CHAETOMIUM, AND STACHYBOTRYS CHARTARUM .7
122122 (6) (a) "M
123123 OLD ASSESSMENT" MEANS:8
124124 (I) T
125125 HE INSPECTION, INVESTIGATION, OR SURVEY OF A DWELLING9
126126 OR OTHER STRUCTURE TO PROVIDE INFORMATION TO THE OWNER OR10
127127 OCCUPANT OF THE DWELLING OR OTHER STRUCTURE REGARDING THE11
128128 PRESENCE, IDENTIFICATION, OR EVALUATION OF MOLD AND WATER12
129129 DAMAGE;13
130130 (II) T
131131 HE DEVELOPMENT OF A MOLD REMEDIATION PROTOCOL ;14
132132 (III) A
133133 IR QUALITY TESTING TO DETECT THE PRESENCE OF MOLD ; OR15
134134 (IV) T
135135 HE COLLECTION OF A MOLD SAMPLE FOR ANALYSIS .16
136136 (b) "M
137137 OLD ASSESSMENT" DOES NOT INCLUDE AN INSPECTION, AN17
138138 INVESTIGATION, OR A SURVEY OF A DWELLING OR OTHER STRUCTURE18
139139 CONDUCTED BY A MOLD REMEDIATOR PERFORMING A PRELIMINARY19
140140 DETERMINATION.20
141141 (7) "M
142142 OLD REMEDIATION" MEANS THE TIMELY AND GOOD FAITH21
143143 EFFORT TO REMOVE MOLD OR MOLD -CONTAINMENT MATTER FROM A22
144144 RESIDENTIAL PREMISES OR DWELLING UNIT AND TO MITIGATE ANY23
145145 NEGATIVE EFFECT OF THE PRESENCE OF MOLD .24
146146 (8) "P
147147 RELIMINARY DETERMINATION " MEANS AN INITIAL25
148148 INSPECTION OF A DWELLING OR OTHER STRUCTURE , WHICH INSPECTION26
149149 IDENTIFIES AREAS OF MOISTURE INTRUSION AND ACTUAL OR POTENTIAL27
150150 HB25-1202
151151 -4- MOLD GROWTH AND THE NEED FOR ASSISTANCE FROM OTHER SPECIALIZED1
152152 EXPERTS.2
153153 (9) "T
154154 HIRD-PARTY ASSESSMENT CERTIFICATION " MEANS A MOLD3
155155 ASSESSMENT CERTIFICATION OFFERED BY THE AMERICAN COUNCIL OF4
156156 A
157157 CCREDITED CERTIFICATION, OR ITS SUCCESSOR ORGANIZATION, OR ANY5
158158 OTHER NATIONAL NONPROFIT ORGANIZATION THAT THE DEPARTMENT6
159159 APPROVES.7
160160 (10) "T
161161 HIRD-PARTY REMEDIATION CERTIFICATION" MEANS A MOLD8
162162 REMEDIATION CERTIFICATION OFFERED BY THE INSTITUTE OF INSPECTION,9
163163 C
164164 LEANING AND RESTORATION CERTIFICATION OR ITS SUCCESSOR10
165165 ORGANIZATION, THE NATIONAL ORGANIZATION OF REMEDIATORS AND11
166166 M
167167 ICROBIAL INSPECTORS OR ITS SUCCESSOR ORGANIZATION , OR ANY OTHER12
168168 NATIONAL NONPROFIT ORGANIZATION THAT THE DEPARTMENT APPROVES .13
169169 25-4-2604. Powers and duties of department - public14
170170 awareness campaign - rules. (1) T
171171 HE DEPARTMENT SHALL , IN15
172172 CONSULTATION WITH APPROPRIATE AGENCIES AND ORGANIZATIONS ,16
173173 ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO ASSIST THE PUBLIC IN17
174174 UNDERSTANDING THE HEALTH DANGERS OF MOLD AND THE IMPORTANCE18
175175 OF REMOVING MOLD FROM INDOOR ENVIRONMENTS . AS PART OF THE19
176176 CAMPAIGN AND IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD20
177177 UNDER THIS PART 26, THE DEPARTMENT SHALL:21
178178 (a) P
179179 ROVIDE THE PUBLIC INFORMATION , VIA BROCHURES AND22
180180 THROUGH INFORMATION POSTED ON THE DEPARTMENT 'S WEBSITE, ON THE23
181181 HEALTH DANGERS OF MOLD , INCLUDING THE POTENTIAL TOXIC24
182182 COMPOUNDS THAT MOLD CAN EMIT AND PRODUCE ;25
183183 (b) P
184184 ROVIDE, ON THE DEPARTMENT'S WEBSITE, REFERENCE TO AND26
185185 CONTACT INFORMATION FOR ORGANIZATIONS OR GOVERNMENT AGENCIES27
186186 HB25-1202
187187 -5- THAT CAN PROVIDE THE PUBLIC WITH INFORMATION PERTAINING TO THE1
188188 HEALTH EFFECTS OF MOLD , MOLD TESTING METHODS , OR ACCREDITED2
189189 INDUSTRY STANDARDS FOR THE REMEDIATION OF MOLD ; AND3
190190 (c) E
191191 VERY FIVE YEARS, PERFORM A REVIEW OF THE TECHNOLOGY4
192192 AND TREATMENT TECHNIQUES FOR MOLD IDENTIFICATION AND5
193193 REMEDIATION THAT PROTECT THE PUBLIC HEALTH AND SAFETY AND , AS6
194194 PART OF ITS REVIEW, INCLUDE AN EXAMINATION OF ANY NEW SCIENTIFIC7
195195 EVIDENCE INDICATING THAT MOLD MAY PRESENT A GREATER HEALTH RISK8
196196 TO THE PUBLIC THAN PREVIOUSLY DETERMINED .9
197197 (2) O
198198 N OR BEFORE JANUARY 1, 2026, THE BOARD SHALL ,10
199199 PURSUANT TO ARTICLE 4 OF TITLE 24, ADOPT RULES AS NECESSARY FOR11
200200 THE IMPLEMENTATION OF THIS PART 26.12
201201 25-4-2605. Issuance of registration - database. (1) I
202202 N13
203203 ACCORDANCE WITH RULES ADOPTED BY THE BOARD UNDER THIS PART 26,14
204204 THE EXECUTIVE DIRECTOR SHALL ISSUE AN INITIAL OR A RENEWED15
205205 REGISTRATION TO A PERSON THAT PROVIDES MOLD REMEDIATION16
206206 SERVICES OR MOLD ASSESSMENT SERVICES IN THE STATE IF THE PERSON17
207207 FURNISHES EVIDENCE SATISFACTORY TO THE EXECUTIVE DIRECTOR THAT18
208208 THE PERSON HOLDS AN ACTIVE THIRD -PARTY REMEDIATION OR19
209209 ASSESSMENT CERTIFICATION, AS APPLICABLE, AND PROVIDES EVIDENCE OF20
210210 FINANCIAL RESPONSIBILITY.21
211211 (2) T
212212 HE EXECUTIVE DIRECTOR SHALL MAINTAIN A DATABASE OF22
213213 ALL REGISTRANTS, WHICH DATABASE MUST BE ACCESSIBLE TO THE PUBLIC23
214214 VIA THE DEPARTMENT'S WEBSITE.24
215215 25-4-2606. Standard of care for mold remediation. M
216216 OLD25
217217 REMEDIATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE FOURTH26
218218 EDITION OF THE ANSI/IICRC S520 STANDARD, OR A SUCCESSOR27
219219 HB25-1202
220220 -6- PUBLICATION. A VIOLATION OF THIS SECTION IS ENFORCEABLE ONLY1
221221 THROUGH A PRIVATE RIGHT OF ACTION ; EXCEPT THAT THE ATTORNEY2
222222 GENERAL MAY, PURSUANT TO SECTION 38-12-512, INITIATE AN3
223223 ENFORCEMENT ACTION IF THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE4
224224 THAT A PERSON, BY VIOLATING THIS SECTION , ENGAGED IN OR IS5
225225 ENGAGING IN A VIOLATION OF THE WARRANTY OF HABITABILITY AS6
226226 DESCRIBED IN SECTION 38-12-503.7
227227 SECTION 2. In Colorado Revised Statutes, add 38-35.7-113 as8
228228 follows:9
229229 38-35.7-113. Disclosure - mold - definitions. (1) A
230230 BUYER OF10
231231 RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE INFORMED OF11
232232 WHETHER THE PROPERTY HAS BEEN ASSESSED FOR MOLD .12
233233 (2) (a) A
234234 CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY13
235235 MUST CONTAIN THE FOLLOWING DISCLOSURE IN BOLD -FACED TYPE IN14
236236 SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS FOLLOWS :15
237237 A
238238 CCORDING TO THE COLORADO DEPARTMENT OF PUBLIC16
239239 HEALTH AND ENVIRONMENT , EXPOSURE TO A LARGE17
240240 NUMBER OF MOLD SPORES MAY CAUSE SYMPTOMS SUCH18
241241 AS WATERY EYES , RUNNY NOSE, SNEEZING, ITCHING,19
242242 COUGHING, WHEEZING, DIFFICULTY BREATHING ,20
243243 HEADACHE, AND FATIGUE. REPEATED EXPOSURE TO21
244244 MOLD CAN INCREASE A PERSON 'S SENSITIVITY, CAUSING22
245245 MORE SEVERE REACTIONS . SOURCES OF MOISTURE MAY23
246246 INCLUDE: FLOODING, DAMP BASEMENT OR CRAWL SPACE ,24
247247 LEAKY ROOF, LEAKY PLUMBING, HUMIDIFIERS, POORLY25
248248 VENTILATED AREAS , OR A CLOTHES DRYER THAT IS26
249249 VENTED INDOORS. FOR MORE INFORMATION , PLEASE27
250250 HB25-1202
251251 -7- VISIT THE WEBSITE OF THE COLORADO DEPARTMENT OF1
252252 PUBLIC HEALTH AND ENVIRONMENT .2
253253 (b) A
254254 CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY OR3
255255 SELLER'S PROPERTY DISCLOSURE FOR RESIDENTIAL REAL PROPERTY MUST4
256256 CONTAIN THE FOLLOWING DISCLOSURES :5
257257 (I) A
258258 NY KNOWLEDGE THE SELLER HAS OF THE PRESENCE OF MOLD6
259259 IN THE RESIDENTIAL REAL PROPERTY , INCLUDING THE FOLLOWING7
260260 INFORMATION:8
261261 (A) W
262262 HETHER A MOLD ASSESSMENT HAS BEEN CONDUCTED ON THE9
263263 RESIDENTIAL REAL PROPERTY;10
264264 (B) T
265265 HE MOST RECENT RECORDS AND REPORTS PERTAINING TO11
266266 MOLD CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY , IF12
267267 ANY; AND13
268268 (C) A
269269 DESCRIPTION OF ANY MOLD CONCENTRATIONS DETECTED OR14
270270 MITIGATION OR REMEDIATION PERFORMED ; AND15
271271 (II) A
272272 N ELECTRONIC OR PAPER COPY OF THE MOST RECENT16
273273 BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND17
274274 ENVIRONMENT IN ACCORDANCE WITH SECTION 25-4-2604 (1)(a) THAT18
275275 PROVIDES INFORMATION ABOUT THE HEALTH EFFECTS OF MOLD IN INDOOR19
276276 ENVIRONMENTS.20
277277 (3) A
278278 S USED IN THIS SECTION:21
279279 (a) "M
280280 OLD ASSESSMENT" MEANS AIR QUALITY TESTING THAT IS22
281281 CONDUCTED AS PART OF AN INSPECTION , INVESTIGATION, OR SURVEY OF23
282282 A DWELLING OR OTHER STRUCTURE TO PROVIDE INFORMATION TO THE24
283283 OWNER OR OCCUPANT OF THE DWELLING OR OTHER STRUCTURE25
284284 REGARDING THE PRESENCE , IDENTIFICATION, OR EVALUATION OF MOLD26
285285 AND WATER DAMAGE .27
286286 HB25-1202
287287 -8- (b) "RESIDENTIAL REAL PROPERTY" MEANS:1
288288 (I) A
289289 SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE2
290290 HOME, CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR3
291291 (II) A
292292 HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR4
293293 THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN5
294294 DEVELOPMENT.6
295295 SECTION 3. In Colorado Revised Statutes, add 38-12-804 as7
296296 follows:8
297297 38-12-804. Disclosure - mold - definitions. (1) A
298298 TENANT THAT9
299299 RENTS RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE INFORMED OF10
300300 WHETHER THE PROPERTY HAS BEEN ASSESSED FOR MOLD .11
301301 (2) (a) B
302302 EFORE OBTAINING A TENANT'S SIGNATURE ON A LEASE12
303303 AGREEMENT FOR RESIDENTIAL REAL PROPERTY , THE LANDLORD SHALL13
304304 DISCLOSE AND PROVIDE IN WRITING TO THE TENANT THE FOLLOWING14
305305 INFORMATION:15
306306 (I) A
307307 WARNING STATEMENT IN BOLD -FACED TYPE IN16
308308 SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS FOLLOWS :17
309309 A
310310 CCORDING TO THE COLORADO DEPARTMENT OF PUBLIC18
311311 HEALTH AND ENVIRONMENT , EXPOSURE TO A LARGE19
312312 NUMBER OF MOLD SPORES MAY CAUSE SYMPTOMS SUCH20
313313 AS WATERY EYES , RUNNY NOSE, SNEEZING, ITCHING,21
314314 COUGHING, WHEEZING, DIFFICULTY BREATHING ,22
315315 HEADACHE, AND FATIGUE. REPEATED EXPOSURE TO23
316316 MOLD CAN INCREASE A PERSON 'S SENSITIVITY, CAUSING24
317317 MORE SEVERE REACTIONS . SOURCES OF MOISTURE MAY25
318318 INCLUDE: FLOODING, DAMP BASEMENT OR CRAWL SPACE ,26
319319 LEAKY ROOF, LEAKY PLUMBING, HUMIDIFIERS, POORLY27
320320 HB25-1202
321321 -9- VENTILATED AREAS , OR A CLOTHES DRYER THAT IS1
322322 VENTED INDOORS. FOR MORE INFORMATION , PLEASE2
323323 VISIT THE WEBSITE OF THE COLORADO DEPARTMENT OF3
324324 PUBLIC HEALTH AND ENVIRONMENT .4
325325 (II) A
326326 NY KNOWLEDGE THE LANDLORD HAS OF THE PRESENCE OF5
327327 MOLD IN THE RESIDENTIAL REAL PROPERTY , INCLUDING THE FOLLOWING6
328328 INFORMATION:7
329329 (A) W
330330 HETHER A MOLD ASSESSMENT HAS BEEN CONDUCTED ON THE8
331331 RESIDENTIAL REAL PROPERTY;9
332332 (B) T
333333 HE MOST RECENT RECORDS AND REPORTS PERTAINING TO10
334334 MOLD CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY , IF11
335335 ANY; AND12
336336 (C) A
337337 DESCRIPTION OF ANY MOLD CONCENTRATIONS DETECTED OR13
338338 MITIGATION OR REMEDIATION PERFORMED ; AND14
339339 (III) A
340340 N ELECTRONIC OR PAPER COPY OF THE MOST RECENT15
341341 BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND16
342342 ENVIRONMENT IN ACCORDANCE WITH SECTION 25-4-2604 (1)(a) THAT17
343343 PROVIDES INFORMATION ABOUT THE HEALTH EFFECTS OF MOLD IN INDOOR18
344344 ENVIRONMENTS.19
345345 (b) T
346346 HE TENANT SHALL ACKNOWLEDGE RECEIPT OF THE20
347347 INFORMATION DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION BY21
348348 SIGNING THE DISCLOSURE.22
349349 (3) N
350350 OTHING IN THIS SECTION:23
351351 (a) A
352352 BSOLVES A LANDLORD FROM HAVING TO COMPLY WITH THE24
353353 LANDLORD'S OBLIGATIONS SET FORTH IN SECTION 38-12-503 REGARDING25
354354 THE WARRANTY OF HABITABILITY ; OR26
355355 (b) P
356356 RECLUDES A TENANT FROM EXERCISING ONE OR MORE OF THE27
357357 HB25-1202
358358 -10- REMEDIES AVAILABLE TO THE TENANT PURSUANT TO SECTION 38-12-5071
359359 IN RESPONSE TO A BREACH OF THE WARRANTY OF HABITABILITY AS SET2
360360 FORTH IN SECTION 38-12-503.3
361361 (4) A
362362 S USED IN THIS SECTION:4
363363 (a) "M
364364 OLD ASSESSMENT" MEANS AIR QUALITY TESTING THAT IS5
365365 CONDUCTED AS PART OF AN INSPECTION , INVESTIGATION, OR SURVEY OF6
366366 A DWELLING OR OTHER STRUCTURE TO PROVIDE INFORMATION TO THE7
367367 OWNER OR OCCUPANT OF THE DWELLING OR OTHER STRUCTURE8
368368 REGARDING THE PRESENCE , IDENTIFICATION, OR EVALUATION OF MOLD9
369369 AND WATER DAMAGE .10
370370 (b) "R
371371 ESIDENTIAL REAL PROPERTY" MEANS:11
372372 (I) A
373373 SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE12
374374 HOME, CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR13
375375 (II) A
376376 HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR14
377377 THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN15
378378 DEVELOPMENT.16
379379 SECTION 4. Act subject to petition - effective date. Sections17
380380 38-35.7-113 and 38-12-804, Colorado Revised Statutes, as enacted in18
381381 sections 2 and 3 of this act, respectively, take effect January 1, 2026, and19
382382 the remainder of this act takes effect at 12:01 a.m. on the day following20
383383 the expiration of the ninety-day period after final adjournment of the21
384384 general assemby; except that, if a referendum petition is filed pursuant to22
385385 section 1 (3) of article V of the state constitution against this act or an23
386386 item, section, or part of this act within the ninety-day period after final24
387387 adjournment of the general assembly, then the act, item, section, or part25
388388 will not take effect unless approved by the people at the general election26
389389 to be held in November 2026 and, in such case, will take effect on the27
390390 HB25-1202
391391 -11- date of the official declaration of the vote thereon by the governor; except1
392392 that sections 38-35.7-113 and 38-12-804, Colorado Revised Statutes, as2
393393 enacted in sections 2 and 3 of this act, respectively, take effect January 1,3
394394 2026.4
395395 HB25-1202
396396 -12-