First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0419.01 Clare Haffner x6137
HOUSE BILL 25-1202
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING MEASURES TO ADDRESS MOLD IN INDOOR101
ENVIRONMENTS, AND, IN CONNECTION THEREWITH , ENACTING102
THE "MOLD AWARENESS AND REGISTRATION ACT".103
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
.)
Section 1 of the bill enacts the "Mold Awareness and Registration
Act", which requires the department of public health and environment
(department) to establish a public awareness campaign (campaign) to
assist the public in understanding the health dangers of mold and the
importance of removing mold from indoor environments.
HOUSE SPONSORSHIP
Paschal and Mabrey,
SENATE SPONSORSHIP
(None),
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. The department is directed to establish the campaign, and the state
board of health is directed to adopt rules governing the campaign. As part
of the campaign, the department is required to:
! Inform the public on the health dangers of mold;
! Provide the public with contact information for
organizations or government agencies that can provide
further information relating to the health effects of mold,
mold testing methods, or accredited industry standards for
mold remediation; and
! Every 5 years, perform a review of the technology or
treatment techniques for mold identification and
remediation that protect public health and safety.
Section 1 also requires the executive director of the department to
issue a registration to a person that provides mold remediation or
assessment services in the state if the person applies for registration and
provides evidence of an active third-party remediation or assessment
certification, as well as evidence of financial responsibility. The executive
director is required to maintain on the department's website a public
database of all persons that have been issued a registration.
Sections 2 and 3 require a contract to sell residential real property
to contain, and a landlord of residential real property to provide to
prospective tenants, in writing:
! A warning statement about the health dangers of mold;
! Any knowledge the seller or landlord has of the residential
real property's mold concentrations and history, including
assessments performed, reports written, and mitigation or
remediation conducted; and
! The most recent brochure published by the department that
provides information about the health dangers of mold in
indoor environments.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 26 to article2
4 of title 25 as follows:3
PART 264
MOLD AWARENESS AND REGISTRATION ACT5
25-4-2601. Short title. T
HE SHORT TITLE OF THIS PART 26 IS THE6
"M
OLD AWARENESS AND REGISTRATION ACT".7
25-4-2602. Legislative declaration. (1) T
HE GENERAL ASSEMBLY8
HB25-1202-2- FINDS AND DECLARES THAT:1
(a) T
HE WORLD HEALTH ORGANIZATION STATES THAT THOSE2
LIVING IN DAMP AND MOLDY BUILDINGS FACE AN INCREASED RISK OF3
RESPIRATORY HEALTH ISSUES, INCLUDING SEVERE HEALTH CONDITIONS4
SUCH AS ASTHMA;5
(b) E
XCESSIVE INDOOR DAMPNESS AND MOLD IN BUILDINGS IS A6
WIDESPREAD PROBLEM THAT WARRANTS ACTION AT THE LOCAL , STATE,7
AND NATIONAL LEVELS;8
(c) B
ECAUSE OF THE POSSIBLE HEALTH EFFECTS OF EXPOSURE TO9
MOLD IN BUILDINGS AND THE PREVALENCE OF COLORADO HOMES WITH10
MOLD, IT IS IMPERATIVE THAT COLORADO RESIDENTS BE AWARE OF THE11
DANGERS OF MOLD AND THE NEED FOR PROPER ASSESSMENT AND12
REMEDIATION OF INDOOR ENVIRONMENTS AFFECTED BY MOLD ; AND13
(d) T
HERE IS A NEED TO ESTABLISH A PUBLIC AWARENESS14
CAMPAIGN IN THE STATE TO EDUCATE THE PUBLIC ON THE HEALTH15
DANGERS OF MOLD AND TO IDENTIFY PARTIES PERFORMING MOLD16
REMEDIATION OR ASSESSMENT IN THE STATE .17
25-4-2603. Definitions. A
S USED IN THIS PART 26, UNLESS THE18
CONTEXT OTHERWISE REQUIRES :19
(1) "ANSI/IICRC
S520 STANDARD" MEANS THE AMERICAN20
N
ATIONAL STANDARDS INSTITUTE/INSTITUTE OF INSPECTION, CLEANING21
AND RESTORATION CERTIFICATION S520 STANDARD FOR PROFESSIONAL22
M
OLD REMEDIATION.23
(2) "B
OARD" MEANS THE STATE BOARD OF HEALTH CREATED IN24
SECTION 25-1-103.25
(3) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH26
AND ENVIRONMENT CREATED IN SECTION 25-1-102.27
HB25-1202
-3- (4) "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF1
THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.2
(5) (a) "M
OLD" MEANS MICROSCOPIC ORGANISMS OR FUNGI THAT3
CAN GROW IN DAMP CONDITIONS IN THE INTERIOR OF A BUILDING .4
(b) "M
OLD" INCLUDES CLADOSPORIUM, PENICILLIUM, ALTERNARIA,5
ASPERGILLUS, FUSARIUM, TRICHODERMA, MEMNONIELLA, MUCOR,6
CHAETOMIUM, AND STACHYBOTRYS CHARTARUM .7
(6) (a) "M
OLD ASSESSMENT" MEANS:8
(I) T
HE INSPECTION, INVESTIGATION, OR SURVEY OF A DWELLING9
OR OTHER STRUCTURE TO PROVIDE INFORMATION TO THE OWNER OR10
OCCUPANT OF THE DWELLING OR OTHER STRUCTURE REGARDING THE11
PRESENCE, IDENTIFICATION, OR EVALUATION OF MOLD AND WATER12
DAMAGE;13
(II) T
HE DEVELOPMENT OF A MOLD REMEDIATION PROTOCOL ;14
(III) A
IR QUALITY TESTING TO DETECT THE PRESENCE OF MOLD ; OR15
(IV) T
HE COLLECTION OF A MOLD SAMPLE FOR ANALYSIS .16
(b) "M
OLD ASSESSMENT" DOES NOT INCLUDE AN INSPECTION, AN17
INVESTIGATION, OR A SURVEY OF A DWELLING OR OTHER STRUCTURE18
CONDUCTED BY A MOLD REMEDIATOR PERFORMING A PRELIMINARY19
DETERMINATION.20
(7) "M
OLD REMEDIATION" MEANS THE TIMELY AND GOOD FAITH21
EFFORT TO REMOVE MOLD OR MOLD -CONTAINMENT MATTER FROM A22
RESIDENTIAL PREMISES OR DWELLING UNIT AND TO MITIGATE ANY23
NEGATIVE EFFECT OF THE PRESENCE OF MOLD .24
(8) "P
RELIMINARY DETERMINATION " MEANS AN INITIAL25
INSPECTION OF A DWELLING OR OTHER STRUCTURE , WHICH INSPECTION26
IDENTIFIES AREAS OF MOISTURE INTRUSION AND ACTUAL OR POTENTIAL27
HB25-1202
-4- MOLD GROWTH AND THE NEED FOR ASSISTANCE FROM OTHER SPECIALIZED1
EXPERTS.2
(9) "T
HIRD-PARTY ASSESSMENT CERTIFICATION " MEANS A MOLD3
ASSESSMENT CERTIFICATION OFFERED BY THE AMERICAN COUNCIL OF4
A
CCREDITED CERTIFICATION, OR ITS SUCCESSOR ORGANIZATION, OR ANY5
OTHER NATIONAL NONPROFIT ORGANIZATION THAT THE DEPARTMENT6
APPROVES.7
(10) "T
HIRD-PARTY REMEDIATION CERTIFICATION" MEANS A MOLD8
REMEDIATION CERTIFICATION OFFERED BY THE INSTITUTE OF INSPECTION,9
C
LEANING AND RESTORATION CERTIFICATION OR ITS SUCCESSOR10
ORGANIZATION, THE NATIONAL ORGANIZATION OF REMEDIATORS AND11
M
ICROBIAL INSPECTORS OR ITS SUCCESSOR ORGANIZATION , OR ANY OTHER12
NATIONAL NONPROFIT ORGANIZATION THAT THE DEPARTMENT APPROVES .13
25-4-2604. Powers and duties of department - public14
awareness campaign - rules. (1) T
HE DEPARTMENT SHALL , IN15
CONSULTATION WITH APPROPRIATE AGENCIES AND ORGANIZATIONS ,16
ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO ASSIST THE PUBLIC IN17
UNDERSTANDING THE HEALTH DANGERS OF MOLD AND THE IMPORTANCE18
OF REMOVING MOLD FROM INDOOR ENVIRONMENTS . AS PART OF THE19
CAMPAIGN AND IN ACCORDANCE WITH RULES ADOPTED BY THE BOARD20
UNDER THIS PART 26, THE DEPARTMENT SHALL:21
(a) P
ROVIDE THE PUBLIC INFORMATION , VIA BROCHURES AND22
THROUGH INFORMATION POSTED ON THE DEPARTMENT 'S WEBSITE, ON THE23
HEALTH DANGERS OF MOLD , INCLUDING THE POTENTIAL TOXIC24
COMPOUNDS THAT MOLD CAN EMIT AND PRODUCE ;25
(b) P
ROVIDE, ON THE DEPARTMENT'S WEBSITE, REFERENCE TO AND26
CONTACT INFORMATION FOR ORGANIZATIONS OR GOVERNMENT AGENCIES27
HB25-1202
-5- THAT CAN PROVIDE THE PUBLIC WITH INFORMATION PERTAINING TO THE1
HEALTH EFFECTS OF MOLD , MOLD TESTING METHODS , OR ACCREDITED2
INDUSTRY STANDARDS FOR THE REMEDIATION OF MOLD ; AND3
(c) E
VERY FIVE YEARS, PERFORM A REVIEW OF THE TECHNOLOGY4
AND TREATMENT TECHNIQUES FOR MOLD IDENTIFICATION AND5
REMEDIATION THAT PROTECT THE PUBLIC HEALTH AND SAFETY AND , AS6
PART OF ITS REVIEW, INCLUDE AN EXAMINATION OF ANY NEW SCIENTIFIC7
EVIDENCE INDICATING THAT MOLD MAY PRESENT A GREATER HEALTH RISK8
TO THE PUBLIC THAN PREVIOUSLY DETERMINED .9
(2) O
N OR BEFORE JANUARY 1, 2026, THE BOARD SHALL ,10
PURSUANT TO ARTICLE 4 OF TITLE 24, ADOPT RULES AS NECESSARY FOR11
THE IMPLEMENTATION OF THIS PART 26.12
25-4-2605. Issuance of registration - database. (1) I
N13
ACCORDANCE WITH RULES ADOPTED BY THE BOARD UNDER THIS PART 26,14
THE EXECUTIVE DIRECTOR SHALL ISSUE AN INITIAL OR A RENEWED15
REGISTRATION TO A PERSON THAT PROVIDES MOLD REMEDIATION16
SERVICES OR MOLD ASSESSMENT SERVICES IN THE STATE IF THE PERSON17
FURNISHES EVIDENCE SATISFACTORY TO THE EXECUTIVE DIRECTOR THAT18
THE PERSON HOLDS AN ACTIVE THIRD -PARTY REMEDIATION OR19
ASSESSMENT CERTIFICATION, AS APPLICABLE, AND PROVIDES EVIDENCE OF20
FINANCIAL RESPONSIBILITY.21
(2) T
HE EXECUTIVE DIRECTOR SHALL MAINTAIN A DATABASE OF22
ALL REGISTRANTS, WHICH DATABASE MUST BE ACCESSIBLE TO THE PUBLIC23
VIA THE DEPARTMENT'S WEBSITE.24
25-4-2606. Standard of care for mold remediation. M
OLD25
REMEDIATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE FOURTH26
EDITION OF THE ANSI/IICRC S520 STANDARD, OR A SUCCESSOR27
HB25-1202
-6- PUBLICATION. A VIOLATION OF THIS SECTION IS ENFORCEABLE ONLY1
THROUGH A PRIVATE RIGHT OF ACTION ; EXCEPT THAT THE ATTORNEY2
GENERAL MAY, PURSUANT TO SECTION 38-12-512, INITIATE AN3
ENFORCEMENT ACTION IF THE ATTORNEY GENERAL HAS CAUSE TO BELIEVE4
THAT A PERSON, BY VIOLATING THIS SECTION , ENGAGED IN OR IS5
ENGAGING IN A VIOLATION OF THE WARRANTY OF HABITABILITY AS6
DESCRIBED IN SECTION 38-12-503.7
SECTION 2. In Colorado Revised Statutes, add 38-35.7-113 as8
follows:9
38-35.7-113. Disclosure - mold - definitions. (1) A
BUYER OF10
RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE INFORMED OF11
WHETHER THE PROPERTY HAS BEEN ASSESSED FOR MOLD .12
(2) (a) A
CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY13
MUST CONTAIN THE FOLLOWING DISCLOSURE IN BOLD -FACED TYPE IN14
SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS FOLLOWS :15
A
CCORDING TO THE COLORADO DEPARTMENT OF PUBLIC16
HEALTH AND ENVIRONMENT , EXPOSURE TO A LARGE17
NUMBER OF MOLD SPORES MAY CAUSE SYMPTOMS SUCH18
AS WATERY EYES , RUNNY NOSE, SNEEZING, ITCHING,19
COUGHING, WHEEZING, DIFFICULTY BREATHING ,20
HEADACHE, AND FATIGUE. REPEATED EXPOSURE TO21
MOLD CAN INCREASE A PERSON 'S SENSITIVITY, CAUSING22
MORE SEVERE REACTIONS . SOURCES OF MOISTURE MAY23
INCLUDE: FLOODING, DAMP BASEMENT OR CRAWL SPACE ,24
LEAKY ROOF, LEAKY PLUMBING, HUMIDIFIERS, POORLY25
VENTILATED AREAS , OR A CLOTHES DRYER THAT IS26
VENTED INDOORS. FOR MORE INFORMATION , PLEASE27
HB25-1202
-7- VISIT THE WEBSITE OF THE COLORADO DEPARTMENT OF1
PUBLIC HEALTH AND ENVIRONMENT .2
(b) A
CONTRACT OF SALE FOR RESIDENTIAL REAL PROPERTY OR3
SELLER'S PROPERTY DISCLOSURE FOR RESIDENTIAL REAL PROPERTY MUST4
CONTAIN THE FOLLOWING DISCLOSURES :5
(I) A
NY KNOWLEDGE THE SELLER HAS OF THE PRESENCE OF MOLD6
IN THE RESIDENTIAL REAL PROPERTY , INCLUDING THE FOLLOWING7
INFORMATION:8
(A) W
HETHER A MOLD ASSESSMENT HAS BEEN CONDUCTED ON THE9
RESIDENTIAL REAL PROPERTY;10
(B) T
HE MOST RECENT RECORDS AND REPORTS PERTAINING TO11
MOLD CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY , IF12
ANY; AND13
(C) A
DESCRIPTION OF ANY MOLD CONCENTRATIONS DETECTED OR14
MITIGATION OR REMEDIATION PERFORMED ; AND15
(II) A
N ELECTRONIC OR PAPER COPY OF THE MOST RECENT16
BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND17
ENVIRONMENT IN ACCORDANCE WITH SECTION 25-4-2604 (1)(a) THAT18
PROVIDES INFORMATION ABOUT THE HEALTH EFFECTS OF MOLD IN INDOOR19
ENVIRONMENTS.20
(3) A
S USED IN THIS SECTION:21
(a) "M
OLD ASSESSMENT" MEANS AIR QUALITY TESTING THAT IS22
CONDUCTED AS PART OF AN INSPECTION , INVESTIGATION, OR SURVEY OF23
A DWELLING OR OTHER STRUCTURE TO PROVIDE INFORMATION TO THE24
OWNER OR OCCUPANT OF THE DWELLING OR OTHER STRUCTURE25
REGARDING THE PRESENCE , IDENTIFICATION, OR EVALUATION OF MOLD26
AND WATER DAMAGE .27
HB25-1202
-8- (b) "RESIDENTIAL REAL PROPERTY" MEANS:1
(I) A
SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE2
HOME, CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR3
(II) A
HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR4
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN5
DEVELOPMENT.6
SECTION 3. In Colorado Revised Statutes, add 38-12-804 as7
follows:8
38-12-804. Disclosure - mold - definitions. (1) A
TENANT THAT9
RENTS RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO BE INFORMED OF10
WHETHER THE PROPERTY HAS BEEN ASSESSED FOR MOLD .11
(2) (a) B
EFORE OBTAINING A TENANT'S SIGNATURE ON A LEASE12
AGREEMENT FOR RESIDENTIAL REAL PROPERTY , THE LANDLORD SHALL13
DISCLOSE AND PROVIDE IN WRITING TO THE TENANT THE FOLLOWING14
INFORMATION:15
(I) A
WARNING STATEMENT IN BOLD -FACED TYPE IN16
SUBSTANTIALLY THE SAME FORM AS IS SPECIFIED AS FOLLOWS :17
A
CCORDING TO THE COLORADO DEPARTMENT OF PUBLIC18
HEALTH AND ENVIRONMENT , EXPOSURE TO A LARGE19
NUMBER OF MOLD SPORES MAY CAUSE SYMPTOMS SUCH20
AS WATERY EYES , RUNNY NOSE, SNEEZING, ITCHING,21
COUGHING, WHEEZING, DIFFICULTY BREATHING ,22
HEADACHE, AND FATIGUE. REPEATED EXPOSURE TO23
MOLD CAN INCREASE A PERSON 'S SENSITIVITY, CAUSING24
MORE SEVERE REACTIONS . SOURCES OF MOISTURE MAY25
INCLUDE: FLOODING, DAMP BASEMENT OR CRAWL SPACE ,26
LEAKY ROOF, LEAKY PLUMBING, HUMIDIFIERS, POORLY27
HB25-1202
-9- VENTILATED AREAS , OR A CLOTHES DRYER THAT IS1
VENTED INDOORS. FOR MORE INFORMATION , PLEASE2
VISIT THE WEBSITE OF THE COLORADO DEPARTMENT OF3
PUBLIC HEALTH AND ENVIRONMENT .4
(II) A
NY KNOWLEDGE THE LANDLORD HAS OF THE PRESENCE OF5
MOLD IN THE RESIDENTIAL REAL PROPERTY , INCLUDING THE FOLLOWING6
INFORMATION:7
(A) W
HETHER A MOLD ASSESSMENT HAS BEEN CONDUCTED ON THE8
RESIDENTIAL REAL PROPERTY;9
(B) T
HE MOST RECENT RECORDS AND REPORTS PERTAINING TO10
MOLD CONCENTRATIONS WITHIN THE RESIDENTIAL REAL PROPERTY , IF11
ANY; AND12
(C) A
DESCRIPTION OF ANY MOLD CONCENTRATIONS DETECTED OR13
MITIGATION OR REMEDIATION PERFORMED ; AND14
(III) A
N ELECTRONIC OR PAPER COPY OF THE MOST RECENT15
BROCHURE PUBLISHED BY THE DEPARTMENT OF PUBLIC HEALTH AND16
ENVIRONMENT IN ACCORDANCE WITH SECTION 25-4-2604 (1)(a) THAT17
PROVIDES INFORMATION ABOUT THE HEALTH EFFECTS OF MOLD IN INDOOR18
ENVIRONMENTS.19
(b) T
HE TENANT SHALL ACKNOWLEDGE RECEIPT OF THE20
INFORMATION DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION BY21
SIGNING THE DISCLOSURE.22
(3) N
OTHING IN THIS SECTION:23
(a) A
BSOLVES A LANDLORD FROM HAVING TO COMPLY WITH THE24
LANDLORD'S OBLIGATIONS SET FORTH IN SECTION 38-12-503 REGARDING25
THE WARRANTY OF HABITABILITY ; OR26
(b) P
RECLUDES A TENANT FROM EXERCISING ONE OR MORE OF THE27
HB25-1202
-10- REMEDIES AVAILABLE TO THE TENANT PURSUANT TO SECTION 38-12-5071
IN RESPONSE TO A BREACH OF THE WARRANTY OF HABITABILITY AS SET2
FORTH IN SECTION 38-12-503.3
(4) A
S USED IN THIS SECTION:4
(a) "M
OLD ASSESSMENT" MEANS AIR QUALITY TESTING THAT IS5
CONDUCTED AS PART OF AN INSPECTION , INVESTIGATION, OR SURVEY OF6
A DWELLING OR OTHER STRUCTURE TO PROVIDE INFORMATION TO THE7
OWNER OR OCCUPANT OF THE DWELLING OR OTHER STRUCTURE8
REGARDING THE PRESENCE , IDENTIFICATION, OR EVALUATION OF MOLD9
AND WATER DAMAGE .10
(b) "R
ESIDENTIAL REAL PROPERTY" MEANS:11
(I) A
SINGLE-FAMILY HOME, MANUFACTURED HOME , MOBILE12
HOME, CONDOMINIUM, APARTMENT, TOWNHOME, OR DUPLEX; OR13
(II) A
HOME SOLD BY THE OWNER, A FINANCIAL INSTITUTION, OR14
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN15
DEVELOPMENT.16
SECTION 4. Act subject to petition - effective date. Sections17
38-35.7-113 and 38-12-804, Colorado Revised Statutes, as enacted in18
sections 2 and 3 of this act, respectively, take effect January 1, 2026, and19
the remainder of this act takes effect at 12:01 a.m. on the day following20
the expiration of the ninety-day period after final adjournment of the21
general assemby; except that, if a referendum petition is filed pursuant to22
section 1 (3) of article V of the state constitution against this act or an23
item, section, or part of this act within the ninety-day period after final24
adjournment of the general assembly, then the act, item, section, or part25
will not take effect unless approved by the people at the general election26
to be held in November 2026 and, in such case, will take effect on the27
HB25-1202
-11- date of the official declaration of the vote thereon by the governor; except1
that sections 38-35.7-113 and 38-12-804, Colorado Revised Statutes, as2
enacted in sections 2 and 3 of this act, respectively, take effect January 1,3
2026.4
HB25-1202
-12-