Colorado Restoration & Abatement Licensing Law
Colorado Code · 32 sections
The following is the full text of Colorado’s restoration & abatement licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 13-21-301
13-21-301. Settlements, releases, and statements of injured persons. (1) If a person is injured as a result of an occurrence which might give rise to liability and said person is a patient under the care of a practitioner of the healing arts or is hospitalized, no person or agent of any person whose interest is adverse to the injured person shall:
(a) Within thirty days after the date of the occurrence causing the injury,
negotiate or attempt to negotiate a settlement with the injured patient;
(b) Within thirty days after the date of the occurrence causing the injury,
obtain or attempt to obtain a general release of liability from the injured patient; or
(c) Within fifteen days after the date of the occurrence causing the injury,
obtain or attempt to obtain any statement, either written, oral, recorded, or otherwise, from the injured patient for use in negotiating a settlement or obtaining a release except as provided by the Colorado rules of civil procedure.
(2) Any settlement agreement entered into or any general release of liability
given by the injured patient in violation of this section shall be void. Any statement, written, oral, recorded, or otherwise, which is given by the injured party in violation of this section may not be used in evidence against the interest of the injured party in any civil action relating to the injury.
(3) Nothing in this section shall preclude the taking of statements by peace
officers, as defined in section 24-31-301 (5), C.R.S., acting in their official capacity in the ordinary course of their employment, and nothing shall preclude the use of such statements for any purpose permitted by statute or rule of court applying to the admission of evidence.
Source: L. 75: Entire part added, p. 571, � 1, effective July 1. L. 83: (3)
amended, p. 962, � 5, effective July 1, 1984. L. 92: (3) amended, p. 1097, � 4, effective March 6. L. 96: (1) amended, p. 1137, � 2, effective July 1.
Cross references: For the legislative declaration contained in the 1992 act
amending subsection (3), see section 12 of chapter 167, Session Laws of Colorado 1992.
PART 4
PRODUCT LIABILITY ACTIONS - GENERAL PROVISIONS
Cross references: For limitation of actions against manufacturers, sellers, or
lessors, see �� 13-80-106 and 13-80-107.
Law reviews: For article, The Apportionment of Tort Responsibility, see 14
Colo. Law. 741 (1985); for article, Torts, which discusses Tenth Circuit decisions dealing with product liability actions, see 62 Den. U. L. Rev. 357 (1985); for article, Product Liability, see 16 Colo. Law. 474 (1987); for article, Permanent Solution for Product Liability Crises: Uniform Federal Tort Law Standards, see 64 Den. U. L. Rev. 685 (1988); for article, Our Product Liability System: An Efficient Solution to a Complex Problem, see 64 Den. U. L. Rev. 703 (1988); for article, Recovering Asbestos Abatement Costs in Tort Actions, see 19 Colo. Law. 659 (1990); for article, Strict Product Liability and Comparative Fault in Colorado, see 19 Colo. Law. 2081 (1990); for article, Preemption of State Tort Claims Under The Medical Device Amendments, see 24 Colo. Law. 2217 (1995).
C.R.S. § 24-32-134
24-32-134. Disaster resilience rebuilding program - fund - creation - policies - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Administrator means an entity or entities that the division contracts
with pursuant to subsection (2)(b) of this section to administer the program.
(b) Declared disaster means a disaster emergency declared by the
governor pursuant to section 24-33.5-704 (4) in or after 2018 that resulted in widespread or severe damage or loss of property or infrastructure as determined pursuant to policies adopted by the division pursuant to subsection (4) of this section.
(c) Eligible applicant means:
(I) A person who owns or rents a home that is the person's primary residence,
including an apartment or a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (5) of this section;
(II) A person who owns rental housing, including a modular, manufactured, or
mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(III) A business that owns real or personal property that was affected by a
declared disaster or experienced an interruption or loss of business due to a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(IV) A housing authority created pursuant to part 2 or part 5 of article 4 of
title 29 or a low-income housing tax credit partnership that serves an area affected by a declared disaster;
(V) A Colorado nonprofit corporation that provides construction assistance
to low-income households and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section; or
(VI) A governmental entity with jurisdiction in an area affected by a declared
disaster.
(d) Fund means the disaster resilience rebuilding program fund created in
subsection (7) of this section.
(e) Governmental entity means any authority, county, municipality, city and
county, district, or other political subdivision of the state; any tribal government with jurisdiction in Colorado; and any institution, department, agency, or authority of any of the foregoing.
(f) Program means the disaster resilience rebuilding program created in
subsection (2) of this section.
(2) (a) The division shall establish the disaster resilience rebuilding program
as a loan and grant program in accordance with the requirements of this section and the policies established by the division. The program may provide loans and grants from the fund to eligible applicants seeking assistance as they rebuild their community after a declared disaster.
(b) The division may contract with or provide a grant to a governmental
entity, housing authority, Colorado-based nonprofit organization, business nonprofit organization, bank, nondepository community development financial institution, or business development corporation or other entity as determined by the division to administer the program. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process pursuant to the state procurement code, articles 101 to 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the program. The division may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program.
(3) A contract with an administrator may require the administrator to repay
all lending capital that is not committed to loans or grants under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (3) as grants or loans under the program or through another administrator.
(4) The division shall establish and publicize policies for the program. At a
minimum, the policies must address:
(a) Coordination with the office of emergency management created in
section 24-33.5-705 to prioritize the use of the disaster emergency fund created in section 34-33.5-706 for the allowable uses of loans and grants under the program that are not housing related;
(b) The process and any deadlines for applying for and receiving a loan or
grant under the program, including the information and documentation required for the application;
(c) Eligibility criteria for applicants to the program;
(d) Maximum assistance levels for loans and grants;
(e) Loan terms, including interest rates and repayment terms;
(f) Any additional specifications or criteria for the uses of the grant or loan
money allowed by subsection (5) of this section;
(g) Any reporting requirements for recipients, which must include the
demographic data of each recipient aggregated by race, ethnicity, disability status, and income level;
(h) Any program fees, including any application fee or origination fee, and
closing costs;
(i) Underwriting and risk management policies;
(j) Any requirements for applicants to apply for or exhaust other sources of
assistance or reimbursement to be eligible for a loan or grant under the program. If the policies establish such a requirement, the policies must specify to which applicants the requirement applies, which sources must be applied for and denied or exhausted, and what documentation is necessary to establish the applicant has met the requirement.
(k) Equitable community outreach and equitable access to program
information, including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility; and
(l) Any additional policies necessary to administer the program.
(5) The program may provide loans or grants or a combination of both to
eligible applicants. In reviewing applications and awarding grants, the division shall give priority to eligible applicants who demonstrate that their needs cannot be met by other sources of assistance. Loans or grants may be used to:
(a) Subsidize costs to repair or rebuild a homeowner's primary residence that
are insufficiently covered by the homeowner's insurance or by loans, grants, or other assistance available from the federal emergency management agency, the federal small business administration, or other state or federal assistance programs. Costs that may be covered include, but are not limited to:
(I) Direct costs of repairs or reconstruction of a damaged or destroyed
primary residence, including costs to rebuild to advanced fire and other natural hazard mitigation standards;
(II) Soft costs such as architectural and engineering costs and permitting
fees associated with repairing or rebuilding a primary residence;
(III) Soil sampling and air quality monitoring;
(IV) Clearance and demolition costs, including concrete flat work removal
and removal of hazardous material, including asbestos;
(V) Private road or bridge repair if necessary to access a primary residence;
(VI) Costs associated with using building and site design measures that
reduce risk to natural hazards, including fire resistant building materials and landscape design;
(VII) Costs to replant climate ready trees and vegetation;
(VIII) Temporary rental assistance during relocation or rebuilding or recovery
work; and
(IX) Other recovery costs not covered by other sources that will increase
resilience to future disasters;
(b) Repair or reconstruct housing stock in an area that is affected by a
declared disaster and is experiencing a shortage of adequate housing or has a significant number of affected households. The program may provide a grant or loan under this subsection (5)(b) to:
(I) A housing authority or low-income housing tax credit partnership to fund
the replacement or repair of multi-family housing in an area affected by a declared disaster;
(II) A nonprofit corporation to provide construction assistance to low-income
households in an area affected by a declared disaster;
(III) A person who owns rental housing and requires additional resources to
rebuild or repair the rental housing. A loan or grant made pursuant to this subsection (5)(b)(III) must include provisions requiring the recipient to provide affordable rent for the rental housing following the repair or reconstruction and temporary rental assistance for displaced renters, as determined by the division.
(c) Provide operating capital to a business experiencing a business
interruption or cover the costs of replacing or repairing the business's real property, equipment, or inventory that was lost or damaged in the disaster;
(d) Rebuild neighborhoods or portions of neighborhoods in a manner that
serves as a pilot project for advanced community planning to resist the impacts of natural disasters caused by climate change or reduce actions that contribute to climate change, including but not limited to micro-grids, community battery storage, community district heating or geothermal heating systems, or wildfire resilient land use planning strategies;
(e) Reimburse a governmental entity for any unmet needs associated with a
declared disaster that are not covered by public assistance from the federal emergency management agency or other state or federal assistance, including assistance provided pursuant to section 24-33.5-704 (7)(j). Unmet needs that may be covered include, but are not limited to:
(I) Rebuilding or repairing transportation infrastructure;
(II) Health and safety improvements or investments related to disaster
recovery and resiliency; or
(III) Replacement of lost revenue from sales taxes, property taxes, public
utility or service fees, or other revenue sources that were negatively affected by a declared disaster; or
(f) Assist eligible applicants in addressing other related unmet needs as
allowed by the policies adopted by the division pursuant to subsection (4) of this section in order to recover or rebuild from a declared disaster.
(6) The division may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(7) (a) The disaster resilience rebuilding program fund is hereby created in
the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (6) of this section.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the division for the
purposes specified in this section and for the development of the disaster survivor portal described in section 24-33.5-1106 (4).
(d) Three days after May 17, 2022, the state treasurer shall transfer fifteen
million dollars from the general fund to the disaster resilience rebuilding program fund created in subsection (7)(a) of this section.
(8) The division and the department of local affairs shall collaborate with the
Colorado energy office created in section 24-38.5-101 on the implementation of this section as set forth in section 24-38.5-115 (8).
(9) On or before January 1, 2024, and on or before each January 1 thereafter,
the division shall submit a report summarizing the program to the house of representatives transportation and local government committee and the senate local government committee, or their successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-206), ch. 173, p. 1143, � 2,
effective May 17.
Cross references: For the legislative declaration in SB 22-206, see section 1
of chapter 173, Session Laws of Colorado 2022.
C.R.S. § 24-34-104
24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.
(b) It is the intent of the general assembly that the system set forth in this
section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.
(2) (a) The divisions in the department of regulatory agencies, the boards and
agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.
(b) Upon repeal, an agency continues in existence, or, in the case of the
repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.
(c) As used in this section, unless the context otherwise requires, agency
includes a division or board within an agency that is subject to review pursuant to this section.
(3) If the state constitution imposes powers, duties, or functions on an
agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.
(4) The existence of a newly created agency or function in the department of
regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).
(5) (a) The department of regulatory agencies shall analyze and evaluate the
performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.
(b) The department of regulatory agencies shall submit its report to the
office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).
(c) This subsection (5) is exempt from the provisions of section 24-1-136 (11),
and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.
(6) (a) Before the repeal, continuation, or reestablishment of an agency or
function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.
(b) In the hearings, the determination as to whether an agency has
demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:
(I) Whether regulation or program administration by the agency is necessary
to protect the public health, safety, and welfare;
(II) Whether the conditions that led to the initial creation of the program have
changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;
(III) If the program is necessary, whether the existing statutes and
regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;
(IV) If the program is necessary, whether agency rules enhance the public
interest and are within the scope of legislative intent;
(V) Whether the agency operates in the public interest and whether its
operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;
(VI) Whether an analysis of agency operations indicates that the agency or
the agency's board or commission performs its statutory duties efficiently and effectively;
(VII) Whether the composition of the agency's board or commission
adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;
(VIII) Whether regulatory oversight can be achieved through a director
model;
(IX) The economic impact of the program and, if national economic
information is not available, whether the agency stimulates or restricts competition;
(X) If reviewing a regulatory program, whether complaint, investigation, and
disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;
(XI) If reviewing a regulatory program, whether the scope of practice of the
regulated occupation contributes to the optimum use of personnel;
(XII) Whether entry requirements encourage equity, diversity, and inclusivity;
(XIII) If reviewing a regulatory program, whether the agency, through its
licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.
(XIV) Whether administrative and statutory changes are necessary to
improve agency operations to enhance the public interest.
(c) A legislative committee of reference that conducts a review pursuant to
paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.
(d) (I) If a legislative committee of reference recommends a bill for
consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:
(A) To one or more of the members of the committee of reference; or
(B) To one or more of the members of the general assembly who are not
members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.
(II) A member of the general assembly may not sponsor more than two bills
introduced pursuant to this subsection (6) in a single legislative session.
(III) After consulting with the minority leader of the house of representatives
and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:
(A) The speaker of the house of representatives shall assign the proposed
bill to a representative for sponsorship in the house of representatives in odd-numbered years; and
(B) The president of the senate shall assign the proposed bill to a senator for
sponsorship in the senate in even-numbered years.
(e) A bill recommended for consideration by a committee of reference
pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.
(f) Before the repeal, continuation, reestablishment, or revision of an
agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).
(7) (a) Pursuant to the process established in this section, a committee of
reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.
(b) This section shall not cause the dismissal of a claim or right of a person
through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.
(c) This section does not affect the general assembly's authority to
otherwise consider legislation affecting a division, board, agency, or similar body.
(8) If an agency or function repeals pursuant to the provisions of this section
and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.
(9) The purpose of this section is to provide a listing of the divisions, boards,
agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.
(10) to (24) Repealed.
(25) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2024:
(I) to (VI) Repealed.
(VII) The evidential breath-testing cash fund created in section 42-4-1301.1
(9);
(VIII) to (XII) Repealed.
(XIII) (Deleted by amendment, L. 2024).
(XIV) to (XX) Repealed.
(XXI) The harm reduction grant program created in section 25-20.5-1101.
(XXII) Repealed.
(b) This subsection (25) is repealed, effective September 1, 2026.
(26) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2025:
(I) to (IX) Repealed.
(X) Reserved.
(XI) to (XIII) Repealed.
(b) This subsection (26) is repealed, effective September 1, 2027.
(27) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2026:
(I) The regulation of barbers, hairstylists, cosmetologists, estheticians, nail
technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;
(II) The division of securities created in section 11-51-701, C.R.S.;
(III) The securities board created in section 11-51-702.5, C.R.S.;
(IV) The registration and regulation of vessels by the department of natural
resources in accordance with article 13 of title 33, C.R.S.;
(V) The office of combative sports, including the Colorado combative sports
commission, created in article 110 of title 12;
(VI) The division of real estate, including the real estate commission, created
in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;
(VII) The regulation of professional cash-bail agents and cash-bonding
agents in accordance with article 23 of title 10;
(VIII) The Colorado podiatry board created in article 290 of title 12;
(IX) The biomass utilization grant program implemented by the state forest
service pursuant to section 23-31-317;
(X) The cold case task force created in section 24-33.5-109;
(XI) The record-keeping, licensing, and central registry functions of the
behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;
(XII) The licensing of pet animal facilities by the commissioner of agriculture
in accordance with article 80 of title 35;
(XIII) The fire suppression programs of the division of fire prevention and
control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;
(XIV) The Colorado medical board created in article 240 of title 12;
(XV) The regulation of dialysis treatment clinics and hemodialysis
technicians in accordance with section 25-1.5-108;
(XVI) The Colorado public utilities commission created in article 2 of title 40;
(XVII) The legal requirements pertaining to home warranty service contracts
under part 9 of article 10 of title 12.
(XVIII) and (XIX) Repealed.
(b) This subsection (27) is repealed, effective September 1, 2028.
(28) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2027:
(I) The regulation of motor vehicle and powersports vehicle sales by the
motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;
(II) The Colorado civil rights division, including the Colorado civil rights
commission, created in part 3 of this article 34;
(III) The state board of nursing created in article 255 of title 12;
(IV) The state board of nursing created in article 255 of title 12 and the
functions of the board, including the functions related to the certification of nurse aides;
(V) The regulation of radon professionals licensed in accordance with article
165 of title 12;
(VI) The justice reinvestment crime prevention initiative created in section
24-32-120;
(VII) The use of digital number plates by the owner of a registered vehicle
pursuant to section 42-3-201 (8);
(VIII) The domestic violence offender management board created in section
16-11.8-103;
(IX) The certification of persons in connection with the control of asbestos in
accordance with part 5 of article 7 of title 25;
(X) The wildfire mitigation incentives for local government grant program
created in section 23-31-318 (2).
(b) This subsection (28) is repealed, effective September 1, 2029.
(29) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2028:
(I) The licensing of landscape architects in accordance with article 130 of
title 12;
(II) The administration of the Colorado Fair Debt Collection Practices Act
by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;
(III) The issuance of licenses and certificates related to measurement
standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;
(IV) The functions of the underground damage prevention safety commission
related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;
(V) The functions of the commissioner of agriculture related to seed
potatoes under article 27.3 of title 35;
(VI) In-home support services established in part 12 of article 6 of title 25.5;
(VII) The licensing of river outfitters through the parks and wildlife
commission and the division of parks and wildlife in accordance with article 32 of title 33;
(VIII) The functions of the department of public health and environment
relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;
(IX) The medical marijuana program created in section 25-1.5-106;
(X) and (XI) Repealed.
(XII) The Colorado Marijuana Code, article 10 of title 44;
(XIII) The administration of the Michael Skolnik Medical Transparency Act
of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;
(XIV) The registration of surgical assistants and surgical technologists
pursuant to article 310 of title 12;
(XV) The registration of direct-entry midwives by the division of professions
and occupations in accordance with article 225 of title 12;
(XVI) Notwithstanding subsection (7)(a) of this section, the office of the
utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;
(XVII) The community crime victims grant program created in section 25-20.5-801;
(XVIII) The grant program to provide funding to eligible community-based
organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);
(XIX) The regulation of nursing home administrators by the board of
examiners of nursing home administrators in accordance with article 265 of title 12;
(XX) The sex offender management board created in section 16-11.7-103.
(b) This subsection (29) is repealed, effective September 1, 2030.
(30) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2029:
(I) The automobile theft prevention authority and the automobile theft
prevention board created in section 42-5-112;
(II) The licensing of mortgage loan originators and the registration of
mortgage companies in accordance with part 7 of article 10 of title 12;
(III) The regulation of persons working in coal mines by the department of
natural resources through the coal mine board of examiners in accordance with article 22 of title 34;
(IV) The Colorado state board of chiropractic examiners created in article
215 of title 12;
(V) The registration of naturopathic doctors in accordance with article 250 of
title 12;
(VI) Notwithstanding subsection (7)(a) of this section, the functions of the
boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;
(VII) The regulation of preneed funeral contracts in accordance with article
15 of title 10;
(VIII) The direct care workforce stabilization board created in article 7.5 of
title 8;
(IX) The assistance program for disability benefits under article 88 of title 8;
(X) The functions of the director of the division of professions and
occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.
(b) This subsection (30) is repealed, effective September 1, 2031.
(31) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2030:
(I) The functions of the division of insurance in the department of regulatory
agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;
(II) The state board of accountancy created in article 100 of title 12;
(III) The passenger tramway safety board created in section 12-150-104;
(IV) The functions of professional review committees specified in article 30
of title 12;
(V) The licensing of occupational therapists and occupational therapy
assistants in accordance with article 270 of title 12;
(VI) The state board of pharmacy and the regulation of the practice of
pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;
(VII) The functions of the circular economy development center created in
section 25-17-602;
(VIII) Human trafficking prevention training pursuant to section 24-33.5-523;
(IX) The veterans one-stop center, known as the western region one
source, established pursuant to section 28-5-713;
(X) The Colorado produced water consortium created in section 34-60-135
(2)(a);
(XI) The functions of the banking board and the state bank commissioner
related to money transmitters specified in article 110 of title 11;
(XII) The functions of the broadband office in administering the broadband
deployment grant program created in section 24-37.5-905;
(XIII) The regulation of towing carriers by the public utilities commission
under part 4 of article 10.1 of title 40;
(XIV) The HOA information and resource center created in section 12-10-801;
(XV) The rural alcohol and substance abuse prevention and treatment
program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;
(XVI) The motorcycle operator safety training program created in part 5 of
article 5 of title 43.
(b) This subsection (31) is repealed, effective September 1, 2032.
(32) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2031:
(I) The registration functions of the commissioner of agriculture specified in
article 27 of title 35;
(II) The licensing of egg dealers in accordance with article 21 of title 35;
(III) The water and wastewater facility operators certification board created
in section 25-9-103;
(IV) The licensing of hearing aid providers by the division of professions and
occupations in accordance with article 230 of title 12;
(V) The licensing of audiologists by the division of professions and
occupations in accordance with article 210 of title 12;
(VI) The regulation of athletic trainers by the director of the division of
professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;
(VII) The licensure of massage therapists by the director of the division of
professions and occupations in accordance with article 235 of title 12;
(VIII) The board of real estate appraisers created in part 6 of article 10 of title
12;
(IX) The regulation of conveyances and conveyance mechanics, contractors,
and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;
(X) The Colorado prescription drug affordability review board created in
section 10-16-1402;
(XI) The rule-making function of the executive director of the department of
early childhood pursuant to section 26.5-1-105 (1);
(XII) Repealed.
(XIII) The regulation of mortuary science professionals pursuant to parts 1, 4,
and 5 to 9 of article 135 of title 12;
(XIV) The veterans assistance grant program created in section 28-5-712;
(XV) The licensing of bingo and other games of chance through the secretary
of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.
(b) This subsection (32) is repealed, effective September 1, 2033.
(33) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2032:
(I) The state electrical board created in article 23 of title 12;
(II) The workers' compensation classification appeals board created in article
55 of title 8;
(III) The responsible gaming grant program created in section 44-30-1702;
(IV) The regulation of the custom processing of meat animals by the
department of agriculture in accordance with article 33 of title 35;
(V) The division of racing events, including the Colorado racing commission,
created in article 32 of title 44;
(VI) The appointment of notaries public through the secretary of state in
accordance with part 5 of article 21 of this title 24;
(VII) The Natural Medicine Health Act of 2022, article 170 of title 12;
(VIII) The Colorado Natural Medicine Code, article 50 of title 44;
(IX) The state plumbing board created in article 155 of title 12;
(X) The licensing and regulation of persons by the department of agriculture
in accordance with article 36 of title 35.
(b) This subsection (33) is repealed, effective September 1, 2034.
(34) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2033:
(I) The issuance of permits for specific weather modification operations
through the executive director of the department of natural resources in accordance with article 20 of title 36;
(II) The authority of the director of the division of workers' compensation to
impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;
(III) The regulation of speech-language pathologists and speech-language
pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;
(IV) The licensing of persons who practice acupuncture by the director of the
division of professions and occupations in accordance with article 200 of title 12;
(V) The state board of veterinary medicine created in article 315 of title 12;
(VI) The state board of optometry created in article 275 of title 12;
(VII) The division of gaming created in part 2 of article 30 of title 44;
(VIII) The closed landfill remediation grant program and the closed landfill
remediation grant program advisory committee created in section 30-20-124;
(IX) The regulation of nontransplant tissue banks by the director of the
division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;
(X) The state board of licensure for architects, professional engineers, and
professional land surveyors in the department of regulatory agencies created in section 12-120-103;
(XI) The division of financial services created in article 44 of title 11;
(XII) The division of banking and the banking board created in article 102 of
title 11;
(XIII) The behavioral health first aid training program created in section 25-1.5-113.5.
(b) This subsection (34) is repealed, effective September 1, 2035.
(35) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2034:
(I) The regulation of produce safety on farms by the commissioner of
agriculture in accordance with article 77 of title 35;
(II) The licensing and regulation of psychiatric technicians by the state board
of nursing in accordance with article 295 of title 12;
(III) The licensing of public livestock markets in accordance with article 55 of
title 35;
(IV) The air quality enterprise created by section 25-7-103.5;
(V) The regulation of the application of pesticides by the commissioner of
agriculture in accordance with article 10 of title 35;
(VI) The regulation of outfitters by the director of the division of professions
and occupations in accordance with article 145 of title 12;
(VII) The functions of the department of public health and environment
regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;
(VIII) The Colorado dental board created in article 220 of title 12.
(b) This subsection (35) is repealed, effective September 1, 2036.
(36) (a) The following agencies, functions, or both are scheduled for repeal
on September 1, 2035:
(I) The licensing and regulation of respiratory therapists by the division of
professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;
(II) The functions specified in part 2 of article 19 of title 5 of the
administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;
(III) The regulation of private occupational schools and their agents under
article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;
(IV) The licensing of physical therapists by the physical therapy board in
accordance with part 1 of article 285 of title 12;
(V) The certification of physical therapist assistants by the physical therapy
board in accordance with part 2 of article 285 of title 12;
(VI) The underfunded courthouse facility cash fund commission created in
part 3 of article 1 of title 13.
(b) This subsection (36) is repealed, effective September 1, 2037.
(37) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2036:
(I) The accreditation of health-care providers under the workers'
compensation system in accordance with section 8-42-101 (3.5) and (3.6);
(II) The Colorado fraud investigators unit created in part 17 of article 33.5 of
this title 24.
(b) This subsection (37) is repealed, effective September 1, 2038.
(38) (a) The following agencies, functions, or both, are scheduled for repeal
on September 1, 2037:
(I) The Colorado resiliency office created in section 24-32-121 and the
functions of the office described in section 24-32-122.
(b) This subsection (38) is repealed, effective September 1, 2039.
Source: For source information prior to 2016, go to
https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, � 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, � 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, � 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, � 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, � 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, � 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, � 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, � 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, � 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, � 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, � 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, � 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, � 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, � 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, � 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, � 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, � 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, � 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, � 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, � 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, � 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, � 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, � 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, � 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, � 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, � 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, � 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, � 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, � 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, � 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, � 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, � 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, � 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, � 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, � 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, � 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, �� 3, 8, (SB17-294), ch. 264, p. 1418,� 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, � 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, � 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, � 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, � 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, � 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, � 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, � 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, � 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, � 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, � 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, � 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, � 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, � 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, � 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, � 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, � 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, � 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, � 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, � 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, � 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, � 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, � 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, � 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, � 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, � 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, � 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, � 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, � 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, � 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, � 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, � 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, � 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, � 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, � 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, � 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, � 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, � 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, � 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, � 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, � 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, � 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, � 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, � 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, � 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, � 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, � 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, � 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, � 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, � 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, � 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, � 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, � 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, � 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, � 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, � 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, � 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, � 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, � 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, � 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, � 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, � 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, � 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, � 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, � 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, � 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, � 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, � 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, � 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, � 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, � 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, � 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, � 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, � 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, � 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, � 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, � 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, � 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, � 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, � 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, � 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, � 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, � 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, � 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, � 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, � 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, � 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, � 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, � 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, � 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, � 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, � 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, � 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, � 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, � 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, � 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, � 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, � 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, � 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, � 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, � 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, � 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, � 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, � 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, � 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, � 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, � 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, � 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, � 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, � 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, � 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, � 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, � 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, � 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, � 1, effective August 10; (23)(a)(XI) repe
C.R.S. § 25-15-311
25-15-311. Disposition of fines and penalties - repeal. (1) Except as described in subsection (2) of this section, all receipts from penalties or fines collected under sections 25-15-309 and 25-15-310 shall be credited to the general fund of the state.
(2) (a) On and after July 1, 2025, all receipts from penalties or fines collected
under sections 25-15-309 and 25-15-310 shall be credited to the rural housing and development asbestos and lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this subsection (2) continue only until such time as the total amount of penalties and fines collected pursuant to sections 25-7-511, 25-15-309, and 25-15-310 and credited to the rural housing and development asbestos and lead paint abatement fund equals two hundred thousand dollars.
(b) This subsection (2) is repealed, effective June 30, 2027.
Source: L. 81: Entire article R&RE, p. 1358, � 1, effective July 1. L. 2024: Entire
section amended, (HB 24-1457), ch. 356, p. 2433, � 3, effective August 7.
Editor's note: Although the act repealing and reenacting this article was
effective July 1, 1981, this section was not effective until November 2, 1984. (See � 25-15-102 (3).)
C.R.S. § 25-16-104.5
25-16-104.5. Solid waste user fee - imposed - rate - legislative declaration - rules - repeal.
(1) Repealed.
(1.5) The general assembly hereby finds and declares that, for purposes of
this section, a user fee is intended to be a charge imposed upon waste producers in addition to any charge specified by contract. Any such user fee imposed by this section shall be itemized and depicted on any bill, receipt, or other mechanism used for solid waste management services rendered to any person disposing of solid waste and shall be in addition to the costs of any other solid waste management services provided.
(1.7) (a) On or after July 1, 2010, the commission shall promulgate rules that
establish a solid waste user fee upon each person disposing of solid waste at an attended solid waste disposal site. The operator of the site at the time of disposal shall collect the fee from waste producers or other persons disposing of solid waste. The effective date and amount of the fee shall be set by rule of the commission, and the amount shall be sufficient to offset:
(I) The department's direct and indirect costs associated with
implementation of the solid waste management program under section 30-20-101.5, C.R.S.;
(II) The department's direct and indirect costs for the implementation of its
responsibilities under the federal act, as described in this part 1, and to provide matching funds and cover future maintenance costs pursuant to section 25-16-103; and
(III) The anticipated payments to the department of law, pursuant to
subparagraph (II) of paragraph (b) of this subsection (1.7), for the direct and indirect costs of the department of law for the implementation of its responsibilities under the federal act, as described in this part 1, which costs are distinct from those described in subparagraph (II) of this paragraph (a).
(b) (I) The portion of the fee collected for the costs described in
subparagraph (I) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the solid waste management fund created in section 30-20-118, C.R.S.
(II) The portions of the fee imposed under this subsection (1.7) that are
collected for the costs described in subparagraphs (II) and (III) of paragraph (a) of this subsection (1.7) shall be transmitted to the department for deposit into the hazardous substance response fund created in section 25-16-104.6. The department may expend money from the portion of the fee collected under subparagraph (III) of paragraph (a) of this subsection (1.7) to compensate the department of law for all or a portion of the expenses incurred for services rendered under the federal act and the OPA, as billed to the department by the department of law. The department may expend money from the fees collected under this subsection (1.7) to finance the radon education and awareness program, established in section 25-11-114 (2), and the radon mitigation assistance program, established in section 25-11-114 (3).
(c) The fee established by the commission under this subsection (1.7) shall
not exceed fifty cents per cubic yard of solid waste, of which no more than three and one-half cents shall pay for the costs described in subparagraph (III) of paragraph (a) of this subsection (1.7).
(d) The department shall give the operators of attended solid waste disposal
sites written notice of changes to the solid waste user fees no later than ninety days before the effective date of the changes. Failure to provide the notice required by this paragraph (d) shall invalidate the rules that changed the fees.
(2) (a) Repealed.
(a.5) Notwithstanding any provision of law to the contrary, one hundred
percent of the moneys collected pursuant to subparagraph (II) of paragraph (a) of subsection (1.7) of this section from persons disposing of solid waste at an attended solid waste disposal site where a local government solid waste disposal fee is imposed to fund hazardous substance response activities at sites designated on the national priority list pursuant to the federal act shall be transmitted to the owner of the solid waste disposal site to the extent that the moneys are used to fund the response activities at the sites on the national priority list. The balance of any moneys described under this paragraph (a.5) that are not used to fund such response activities shall be credited to the hazardous substance response fund created in section 25-16-104.6.
(b) At the end of each fiscal year, the state treasurer shall transfer any
moneys in the solid waste management fund created in section 30-20-118, C.R.S., that exceed sixteen and one-half percent of the moneys expended from such fund during the fiscal year to the hazardous substance response fund created in section 25-16-104.6.
(3) to (3.7) Repealed.
(3.9) (a) Beginning July 1, 2024, and subject to subsection (1.5) of this section,
in addition to any other user fee imposed by this section, on or after July 1, 2007, there is imposed a user fee to fund the Colorado circular communities enterprise created in section 25-16.5-109 (3)(a). The operator of an attended solid waste disposal site located outside of the front range, including sites located in the counties of Custer, Fremont, Morgan, and Otero, unless modified pursuant to subsection (3.9)(c)(II) of this section, shall collect the fee at the time of disposal. The fee shall be imposed and passed through to waste producers and other persons disposing of waste at the following rate or at an equivalent rate established by the commission:
(I) Two cents per load transported by a motor vehicle that is commonly used
for the noncommercial transport of persons over public highways;
(II) Four cents per load transported by a truck, as defined in section 42-1-102
(108), that is commonly used for the noncommercial transport of persons and property over the public highways; and
(III) An amount, per cubic yard per load transported by any commercial
vehicle or other vehicle not included in the vehicles described in subsection (3.9)(a)(I) and (3.9)(a)(II) of this section, on and after January 1, 2016, of fourteen cents per cubic yard per load, which amount is equivalent to forty-seven cents per ton.
(b) Beginning July 1, 2024, any user fee collected by the operator of a solid
waste disposal site or facility pursuant to subsection (3.9)(a) of this section shall be transmitted by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit one hundred percent of the money to the Colorado circular communities cash fund created in section 25-16.5-109 (4), to fund the Colorado circular communities enterprise pursuant to section 25-16.5-109.
(c) (I) Subject to subsections (1.5) and (3.9)(c)(II) of this section, in addition to
any other user fee imposed by this section, on or after September 1, 2019, there is imposed a user fee to finance the Colorado circular communities enterprise created in section 25-16.5-109. At the time of disposal, the operator of an attended solid waste disposal site located in the front range shall collect the fee, which may be passed through to waste producers and other persons disposing of waste, in an amount per cubic yard per load transported by any commercial vehicle, or by other vehicle not included in the vehicles described in subsection (3.9)(a)(I) or (3.9)(a)(II) of this section, as set forth in the following schedule:
(A) On and after July 1, 2024, but before January 1, 2025, seventy-four cents
per cubic yard per load, which is equivalent to two dollars and forty-seven cents per ton; and
(B) On and after January 1, 2025, seventy-eight cents per cubic yard per load,
which is equivalent to two dollars and sixty cents per ton.
(II) Solid waste disposal sites or facilities located in the county of Custer,
Fremont, Morgan, or Otero shall collect the fee specified in this subsection (3.9)(c) on loads that originate from the front range.
(III) Beginning July 1, 2024, an operator of a solid waste disposal site or
facility subject to this subsection (3.9)(c) shall transmit the user fee collected pursuant to this subsection (3.9)(c) by the last day of the month following the end of each calendar quarter to the state treasurer, who shall credit it to the Colorado circular communities cash fund created in section 25-16.5-109 (4) to finance the Colorado circular communities enterprise pursuant to section 25-16.5-109.
(IV) An operator of an attended solid waste disposal site located in the front
range need not collect the fee specified in this subsection (3.9)(c) on a load that contains any of the following materials that are separated out from the rest of the load: Asbestos-containing material, asbestos waste, friable asbestos-containing material as that term is defined in section 25-7-502 (6), friable asbestos, nonfriable asbestos waste, regulated asbestos-contaminated soil, nonregulated asbestos-contaminated soil, pathological waste, pharmaceutical waste, ash, biohazardous waste, infectious waste as that term is defined in section 25-15-402 (1)(a), medical waste, exploration and production waste as that term is defined in section 30-20-109 (1.5)(a)(I), technologically enhanced naturally occurring radioactive material as that term is defined in section 25-11-201 (1)(f), grit and sludge, automobile shredder residue, dead animals, special waste liquids, or contaminated soils.
(c.5) As used in this subsection (3.9), front range means the counties of
Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver.
(d) This subsection (3.9) is repealed, effective September 1, 2032.
(4) The department shall credit an amount equal to two and one-half percent
of the money collected as fees by a solid waste disposal site or facility in order to defray the costs of such collection.
(5) Any operator who fails to collect or to transmit, within thirty days of the
day specified in subsection (2) of this section, the fee imposed pursuant to this section is liable for payment of a civil penalty of ten percent of the total amount of fee money uncollected or untransmitted. Collection of such penalty and fee shall be in the manner provided for the collection and enforcement of taxes pursuant to article 21 of title 39, C.R.S.
(6) and (7) Repealed.
Source: L. 85: Entire section added, p. 916, � 3, effective July 1. L. 88: (6)
added, p. 1051, � 3, effective April 4. L. 90: (1)(a) to (1)(c) and (4) amended, p. 1347, � 2, effective January 1, 1991. L. 93: (6) amended, p. 443, � 1, effective April 19. L. 94: (1)(b) amended, p. 2564, � 73, effective January 1, 1995. L. 98: (1), (2), and (6) amended, p. 879, � 2, effective July 1. L. 2001: (1), (2), and (3) amended, p. 1098, � 1, effective July 1. L. 2003: (3.5) added, p. 1515, � 2, effective May 1; (6) amended, p. 1811, � 1, effective May 21. L. 2007: IP(1) and (6) amended and (1.5), (3.7), and (3.9) added, p. 1133, � 3, effective July 1. L. 2009: (3.7)(a)(II) and (3.9)(a)(II) amended, (SB 09-292), ch. 369, p. 1971, � 89, effective August 5. L. 2010: (1.7), (2)(a.5), and (7) added and (6) amended, (HB 10-1329), ch. 358, p. 1702, 1703, �� 2, 3, effective June 7; (6) amended, (HB 10-1052), ch. 84, p. 281, � 2, effective July 1. L. 2013: IP(3.9)(a), (3.9)(a)(III), and (6) amended, (SB 13-050), ch. 384, p. 2247, � 1, effective August 7. L. 2016: (1.7)(b)(II) amended, (SB 16-092), ch. 53, p. 124, � 3, effective August 10; (1.7)(b)(II) amended, (HB 16-1141), ch. 128, p. 365, � 2, effective August 10. L. 2019: (3.9)(c) added, (SB 19-192), ch. 362, p. 3351, � 2, effective August 2. L. 2022: (3.9)(c)(VII) and (6) repealed and (3.9)(d) added, (HB 22-1159), ch. 336, p. 2387, � 5, effective August 10. L. 2024: (3.9) amended, (HB 24-1449), ch. 192, p. 1127, � 2, effective July 1.
Editor's note: (1) Subsection (3.5)(c)(I) provided for the repeal of subsection
(3.5), effective July 1, 2006. (See L. 2003, p. 1515.)
(2) Amendments to subsection (6) by House Bill 10-1052 and House Bill 10-1329 were harmonized.
(3) Subsection (7) provided for the repeal of subsections (1), (2)(a), (3), (3.7),
and (7), effective July 1, 2011. (See L. 2010, pp. 1702, 1703.)
(4) Amendments to subsection (1.7)(b)(II) by SB 16-092 and HB 16-1141 were
harmonized.
(5) Subsection (3.9)(c)(III) provided for the repeal of subsections (3.9)(c)(I)(A),
(3.9)(c)(I)(B), (3.9)(c)(I)(C), and (3.9)(c)(III), effective September 1, 2023. (See L. 2019, p. 3351.)
Cross references: (1) For the legislative declaration contained in the 1990
act amending this section, see section 1 of chapter 205, Session Laws of Colorado 1990. For the legislative declaration contained in the 2007 act amending the introductory portion to subsection (1) and subsection (6) and enacting subsections (1.5), (3.7), and (3.9), see section 2 of chapter 278, Session Laws of Colorado 2007. For the legislative declaration in the 2010 act amending subsection (6), see section 1 of chapter 84, Session Laws of Colorado 2010.
(2) For the legislative declaration in HB 22-1159, see section 1 of chapter
336, Session Laws of Colorado 2022.
C.R.S. § 25-16-312
25-16-312. Rural housing and development asbestos and lead paint abatement pilot grant program - fund created - definition - rules - repeal. (1) The rural housing and development asbestos and lead paint abatement pilot grant program, referred to in this section as the pilot grant program, is established in the department. The pilot grant program may award grants, beginning July 1, 2025, to local governments in rural communities to offset costs associated with the abatement of asbestos and lead paint in:
(a) Housing;
(b) Commercial buildings; and
(c) Other development projects.
(2) To be eligible for a grant from the pilot grant program, a local
government must submit an application to the department. The application must:
(a) For renovation or demolition sites, include an inspection report consistent
with the rules adopted pursuant to section 25-7-503 detailing asbestos-containing materials in excess of trigger levels;
(b) For renovation of lead-based paint abatement sites, include a description
of eligibility that the facility meets the definition in section 25-7-1102 (2) or (7);
(c) For both asbestos and lead-based paint abatement, renovation, or
demolition, include documentation demonstrating that the applicant has acquired any necessary permits and regulatory approval from the air pollution control division; and
(d) Include an assessment of the needs of the local government's rural
communities specific to:
(I) The health and environmental impacts of asbestos- and lead-paint-contaminated structures;
(II) The presence or lack of certified asbestos abatement or lead paint
abatement personnel or supervisors operating within, or traveling to, rural communities for abatement projects;
(III) The cost of acquiring certified asbestos abatement or lead paint
abatement personnel or supervisors within rural communities;
(IV) The proximity to, and availability of, asbestos and lead paint disposal
facilities; and
(V) Community impacts on economic development and affordable housing.
(3) (a) The rural housing and development asbestos and lead paint
abatement fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money generated from penalties and fines collected pursuant to sections 25-15-309 and 25-15-310, as described in section 25-15-311; penalties collected pursuant to section 25-7-511; and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) The state treasurer shall credit any unexpended and unencumbered
money remaining in the fund at the end of a state fiscal year to the fund; except that, on June 30, 2027, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund to the general fund.
(d) Subject to annual appropriation by the general assembly, the department
may expend money to award grants as described in subsection (1) of this section.
(4) As used in this section, unless the context requires otherwise, rural
community has the meaning set forth in section 39-22-526 (1)(b)(II).
(5) This section is repealed, effective July 1, 2027.
Source: L. 2024: Entire section added, (HB 24-1457), ch. 356, p. 2431, � 1,
effective August 7.
ARTICLE 16.5
Colorado Sustainability
Editor's note: This article 16.5 was added in 1992. It was repealed and
reenacted in 2024, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 16.5 prior to 2024, consult the 2023 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 16.5, see the comparative tables located in the back of the index.
25-16.5-101. Short title. The short title of this article 16.5 is the Colorado
Sustainability Act.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-101 as it existed prior
to 2024.
25-16.5-102. Legislative declaration. (1) The general assembly finds that:
(a) The Pollution Prevention Act of 1992, which has been instrumental in
addressing certain environmental concerns over the previous three decades, should be updated to meet the state's evolving sustainability and circularity needs;
(b) Circularity, including waste diversion and aversion, involves more than
diverting waste materials from the landfill. A circular business model prevents waste, uses resources efficiently, prioritizes renewable inputs, and invests in improved product design as a means to maximize a product's value by maximizing the product's usage and lifetime. At the end of a product's useful life, circularity involves recovering and reusing the product and any byproducts created in its manufacturing to make new materials and products.
(c) Waste diversion and aversion, which are important components of
circularity and include organics management:
(I) Extend the useful life of local landfills;
(II) Mitigate greenhouse gas emissions;
(III) Protect the soil relied upon for the state's farmland; and
(IV) Save natural resources;
(d) It is critical to foster and recognize partnerships between governments,
businesses, and communities in achieving the state's sustainability and circularity objectives. Businesses have the potential to lead in environmental stewardship and to play a vital role in reaching these objectives.
(e) Efforts to improve sustainability services and circularity in the state,
including by providing coaching and recognition of businesses engaged in sustainability and circularity, support Colorado's environment and economy and the social fabric of our state.
(2) The general assembly further finds that:
(a) By merging the recycling resources economic opportunity program and
the front range waste diversion enterprise into a new Colorado circular communities enterprise:
(I) The impact of waste disposal throughout the state can be minimized, and,
as a result, the state's natural beauty and resources can be better maintained;
(II) Increased services may be provided to the waste disposal site operators
that pay fees, as well as to residents and businesses throughout the state; and
(III) More diverse, equitable, efficient, and innovative solutions to waste
management can be implemented through the evolving field of circularity, including regional and statewide solutions that benefit communities outside of the front range; and
(b) Through the development of regional solutions, public-private
partnerships, and extended project periods, the Colorado circular communities enterprise will provide local governments, businesses, nonprofits, and other eligible entities with enhanced project design options to support community projects that will provide environmental and economic benefits throughout the state.
(3) Therefore, the general assembly declares that:
(a) The modernization of the Pollution Prevention Act of 1992 is necessary
to build a comprehensive framework for advancing sustainability and circularity efforts in the state through technical assistance, financial assistance, and recognition of innovative leaders in sustainable operations; and
(b) This article 16.5 fosters environmental sustainability by seeking to strike
a balance between economic growth and environmental care in a manner that meets the needs of current generations in the state without compromising the needs of future generations.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-102 as it existed prior
to 2024.
25-16.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Circular economy has the meaning set forth in section 25-17-601 (2).
(2) Colorado circular communities enterprise or enterprise means the
Colorado circular communities enterprise created in section 25-16.5-109 (3).
(3) Department means the department of public health and environment.
(4) Federal act means the federal Emergency Planning and Community
Right-to-know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499.
(5) Hazardous substance means those chemicals defined as hazardous
substances under section 313 of the federal Superfund Amendments and Reauthorization Act of 1986 (SARA Title III), as amended, and sections 101 (14) and 102 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. sec. 9601 et seq., as amended.
(6) Local government means a statutory or home rule city, county, or city
and county.
(7) Organic materials has the meaning set forth in section 25-17-901 (5).
(8) School means:
(a) A school of a school district;
(b) A district charter school, as defined in section 22-11-103 (12);
(c) An institute charter school, as defined in section 22-30.5-502 (6);
(d) An approved facility school, as defined in section 22-2-402 (1); or
(e) A board of cooperative services, as defined in section 22-5-103 (2).
(9) State institution of higher education has the meaning set forth in
section 23-18-102 (10).
(10) Sustainability means nonregulatory activities that, for both current
and future generations, protect the environment, support local and state economics, and promote public health.
(11) Waste diversion and aversion or waste diversion or aversion means
the sustainable design, production, distribution, consumption, recoverability, reuse, waste prevention, repair, collection, and recycling of a variety of materials, including construction and demolition materials, single-stream materials, technology and electronic materials; food recovery; and the composting of raw and reused materials, including organic materials.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1112, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-103 as it existed prior
to 2024.
25-16.5-104. Recycling resources economic opportunity fund - creation -
repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1,
effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.5 as it existed prior to 2024.
(2) Subsection (5) provided for the repeal of this section, effective October 1,
-
(See L. 2024, p. 1113.)
25-16.5-105. Recycling resources economic opportunity program - grants - repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1, effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.7 as it existed prior to 2024.
(2) Subsection (3) provided for the repeal of this section, effective October 1, 2025. (See L. 2024, p. 1113.)
25-16.5-106. Statewide voluntary sustainability program. (1) The department shall establish a statewide, voluntary program that:
(a) Encourages, supports, and rewards businesses, such as for-profit entities, nonprofits, local governments, schools, and state institutions of higher education; and
(b) Moves the state toward evidenced sustainability.
(2) In implementing the statewide voluntary program, the department may:
(a) Provide assessments and technical assistance to businesses seeking to increase sustainability in their operations;
(b) Facilitate business collaborations and peer-to-peer support;
(c) Establish regional partnerships and partnerships with local governments, where partners consistently apply the department framework for achieving sustainable business operations;
(d) Support businesses in marketing their sustainability achievements and efforts;
(e) Recognize businesses' sustainability achievements;
(f) Promote funding opportunities that can assist businesses with achieving their sustainability goals;
(g) Provide services and funding to assist small businesses;
(h) To the extent funding is available, provide annual training that includes food waste prevention and reduction strategies, develop a food waste reduction guidance document, place the document on the department's public website, and update the document at least annually; and
(i) At the discretion of the department, deliver additional sustainability services to meet business needs.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1. L. 2025: (2)(g) and (2)(h) amended and (2)(i) added, (HB 25-1166), ch. 90, p. 372, � 1, effective August 6.
25-16.5-107. Pollution prevention fees. (1) (a) The department shall charge and collect pollution prevention fees from any reporting facility that is required to file a report with the department pursuant to the federal act as follows:
(I) Facilities required to report pursuant to section 11002 of the federal act shall pay an annual fee not to exceed ten dollars per reporting facility;
(II) Each facility required to report pursuant to section 11022 of the federal act is required to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency; and
(III) Each facility required to report pursuant to section 11023 of the federal act shall pay an annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.
(b) The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 FR 41981 (1993), the department has the authority to collect pollution prevention fees.
(c) Any retail motor fuel outlet that is required to report pursuant to the federal act shall pay one-half of the fee set forth in subsection (1)(a) of this section.
(d) Any single reporting organization that owns or operates multiple reporting facilities is not required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.
(e) Agricultural businesses that are required to report under the federal act are not required to pay the pollution prevention fees set forth in this subsection (1).
(f) It is the intent of the general assembly that the department collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.
(2) The department shall transmit any money collected pursuant to subsection (1) of this section to the state treasurer and the state treasurer shall credit the money to the pollution prevention fund created in section 25-16.5-108.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-108 as it existed prior to 2024.
25-16.5-108. Pollution prevention fund - created. (1) There is created in the state treasury the pollution prevention fund. Any money collected pursuant to section 25-16.5-107 is credited to the fund. All interest derived from the deposit and investment of money in the fund is credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.
(2) The money generated from the pollution prevention fees pursuant to section 25-16.5-107 is annually appropriated to the department to cover the direct and indirect costs for sustainability services set forth in section 25-16.5-106. The money in the fund shall not be used for the enforcement of any state law or regulation governing environmental protection.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1115, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-109 as it existed prior to 2024.
25-16.5-109. Colorado circular communities enterprise - fund - goals - grant program - personal property tax reimbursements - gifts, grants, or donations - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly:
(a) Finds that:
(I) Colorado has one of the lowest rates of waste diversion in the United States, recycling only about twelve percent of our waste compared to thirty-five percent nationwide;
(II) Colorado disposed of a record amount of trash in landfills in 2017, over nine million tons, while there was essentially no increase in the municipal waste diversion rate;
(III) Recycling, reuse, and remanufacturing contribute almost nine billion dollars to the Colorado economy annually, yet we are throwing away in our landfills more than one-quarter billion dollars' worth annually of recyclable material, such as aluminum, cardboard, paper, glass, and plastics, which material could have been recycled here in Colorado, thereby creating local jobs and strengthening local economies;
(IV) Recycling creates an average of nine times more jobs per ton of waste than does disposal in a landfill, and recycling is one of the fastest, easiest, and most cost-effective ways to reduce greenhouse gas emissions;
(V) The front range:
(A) Generates about eighty-five percent of the waste statewide and has most of the infrastructure in place to divert waste from landfills; and
(B) Has higher densities of waste producers and recycling facilities than the rest of the state and thus fewer challenges regarding long distances to recycling facilities and markets;
(VI) To support waste diversion efforts, the average family living along the front range pays about eighty-six cents per year in the form of user fees assessed at fourteen cents per cubic yard of waste disposed of at attended landfills, which fees are used to support waste diversion efforts; and
(VII) Circularity can only be achieved when working collaboratively across the state to maximize the use of local materials and the local use of end products;
(VIII) Circularity and waste diversion and aversion infrastructure is needed statewide through a combination of local, regional, and statewide solutions; and
(IX) Circularity services, including waste diversion and aversion, support operators of attended solid waste disposal sites, waste producers, and persons paying the fee by extending the useful life of landfills, supporting expansion of fee services to meet community demand for composting and recycling services, and establishing local uses for collected materials that reduce the transportation costs of operators of attended solid waste disposal sites, waste producers, and persons paying the fee;
(b) Determines that:
(I) A circular economy, including waste diversion and aversion, has substantial economic and environmental benefits for the state;
(II) The opportunity for improvement is great, yet the state lacks:
(A) A sufficient funding source to make these improvements; and
(B) A coherent circular economy policy, including waste diversion and aversion policies, at the local level; and
(III) It is in the state's interest to provide financial and technical assistance to communities to develop a circular economy and reach their waste diversion and aversion goals through technical assistance and a grant and funding opportunity program financed by user fees; and
(c) Declares that:
(I) Providing technical assistance, grants, and funding opportunities to support a circular economy, including waste diversion and aversion, constitutes a valuable service and benefit, and the Colorado circular communities enterprise provides useful business services to waste producers when, in exchange for payment of user fees, it provides technical assistance and awards grants or funding financed by the fees to entities that promote a circular economy, including waste diversion and aversion;
(II) It is necessary, appropriate, and in the best interest of the state to acknowledge that by providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(III) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the user fee collected by the enterprise is a fee, not a tax, because the fee is imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section to waste producers that ultimately pay the fee and is collected at rates that are reasonably calculated based on the benefits received by those waste producers;
(IV) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the user fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(G); and
(V) This section is necessary to provide incentives to local governments, for-profit waste management and waste diversion companies, state institutions of higher education, nonprofit organizations, or other entities that the board identifies as pursuing a circular economy for the state, including waste diversion and aversion.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Board means the board of directors of the enterprise.
(b) Circular economy development center means the circular economy development center created in section 25-17-602 (1).
(c) (I) Eligible entity means the following entities located or providing services in Colorado:
(A) Cities, counties, and cities and counties;
(B) Nonprofit and for-profit businesses promoting a circular economy, including waste diversion or aversion;
(C) State institutions of higher education and public or private schools; and
(D) Any other entity identified by the board as supporting or pursuing a circular economy for Colorado, including waste diversion and aversion.
(II) Eligible entity includes an entity listed in subsection (2)(c)(I) of this section that is locating to Colorado after recruitment by the circular economy development center pursuant to section 25-17-602 (1)(d) and in accordance with subsection (2)(c)(III) of this section.
(III) To qualify as an eligible entity by locating to Colorado after recruitment pursuant to subsection (2)(c)(II) of this section, an entity that is locating to Colorado must demonstrate that it has:
(A) Been in business in another jurisdiction for a minimum of three years;
(B) Identified a Colorado location to relocate or expand its business to;
(C) Registered with the Colorado secretary of state; and
(D) Been recommended by the circular economy development center.
(d) Enterprise means the Colorado circular communities enterprise created in subsection (3) of this section.
(e) Fee or fees means money collected by means of the user fees authorized by section 25-16-104.5 (3.9).
(f) Fund means the Colorado circular communities cash fund created in subsection (4) of this section.
(g) (I) Grant and funding program means the Colorado circular communities grant and funding program created in subsection (6) of this section.
(II) Grant and funding program includes:
(A) Grants;
(B) Purchases;
(C) Loans;
(D) Rebates;
(E) Noncompetitive formula funding; and
(F) Funding that may result from a request to the board from one or more public or private partners across multiple jurisdictions.
(h) Producer responsibility program means the producer responsibility program for statewide recycling established pursuant to part 7 of article 17 of this title 25.
(i) Share table means a station where a student may return whole food or beverage items that the student chooses not to consume. Returned food and beverage items are then available for redistribution to other students as necessary to prevent food waste and in compliance with federal, state, and local health and food safety requirements.
(3) Enterprise. (a) There is created in the department the Colorado circular communities enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of collecting the fee charged to waste producers and using the fee to provide grants, funding, and technical assistance and to pay for studies to promote a circular economy, including waste diversion and aversion. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(b) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) The enterprise's primary powers and duties are to:
(I) Collect the fee;
(II) Promote a circular economy, including waste diversion and aversion, by providing technical assistance and issuing grants and funding, as specified in subsection (6) of this section;
(III) Issue revenue bonds payable from the revenues of the enterprise to promote a circular economy, including waste diversion and aversion, as specified in this section;
(IV) Publish each year, on the department's website and as otherwise deemed appropriate by the board, the strategies that the board has prioritized for funding through the grant and funding program;
(V) Adopt, amend, or repeal policies for the regulation of the enterprise's affairs and the conduct of its business consistent with this section, including establishing application, review, approval, reporting, and other requirements for grants and funding;
(VI) Engage the services of contractors, consultants, and legal counsel, including the department and the attorney general's office, for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department shall provide office space and administrative staff to the enterprise pursuant to a contract entered into pursuant to this subsection (3)(c)(VI).
(VII) In coordination with the department, pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center;
(VIII) Repealed.
(IX) Ensure continuity of enterprise operations. To ensure continuity, any grant agreement or contract entered into by the front range waste diversion enterprise board pursuant to this section as it existed before House Bill 24-1449 was enacted in 2024 is transferred or assigned to the Colorado circular communities enterprise board. The chair of the front range waste diversion board or the chair's designee is authorized to assign any contract or agreement of the front range waste diversion enterprise board on behalf of the dissolved front range waste diversion enterprise board to the circular communities enterprise board until January 31, 2025. The department is authorized to administer the services on behalf of the enterprise in the interim to the extent necessary to maintain operations. The enterprise shall compensate the department at fair market value for any interim services that the department provides.
(d) (I) The enterprise is governed by a board of directors. The executive director of the department shall appoint the following thirteen members of the board:
(A) One member representing the department; and
(B) Twelve members who, to the extent practicable, represent a balance of for-profit and nonprofit businesses and local governments and meet the eligibility requirements set forth in subsections (3)(d)(II) and (3)(d)(III) of this section.
(II) Members appointed pursuant to subsection (3)(d)(I)(B) of this section must have expertise in one or more of the following areas:
(A) The circular economy;
(B) Producer responsibility;
(C) Environmental health and safety;
(D) Circular economy or renewable energy business development or investment;
(E) Economic development;
(F) Public finance; or
(G) Expertise in statewide or community-wide waste diversion or aversion planning and implementation.
(III) When appointing members of the board, the executive director of the department shall ensure that, to the extent practicable:
(A) At least three members represent a local government, and at least one of the three members lives in or represents a community outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5);
(B) At least three members represent waste haulers or landfill operators;
(C) At least three members live in or represent communities outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5); and
(D) At least one member represents an organization that works to reduce burdens experienced by disproportionately impacted communities.
(e) The member appointed pursuant to subsection (3)(d)(I)(A) of this section shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. Each member of the board is entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending an official board meeting.
(f) The term of office of board members is three years; except that the initial term of five members appointed pursuant to subsection (3)(d)(I)(B) of this section is two years. Members may serve for multiple consecutive or nonconsecutive terms.
(4) Fund. (a) There is created in the state treasury the Colorado circular communities cash fund. The fund consists of money credited to the fund pursuant to sections 25-16-104.5 (3.9) and 18-4-511 (4)(b) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The enterprise is exempt from section 24-77-108.
(b) Money in the fund is continuously appropriated to the enterprise to:
(I) Cover the direct and indirect costs for administering the enterprise and its services;
(II) Award grants and funding in accordance with this section;
(III) Provide technical assistance, including through the development and implementation of public policy, to eligible entities to promote a circular economy, including waste diversion and aversion;
(IV) Pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center; and
(V) Repealed.
(c) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(d) Repealed.
(5) Circular economy promotion. (a) The enterprise shall promote a circular economy in the state, including waste diversion and aversion. In promoting a circular economy, the enterprise shall consider:
(I) Promoting reuse of natural resources and reduction of greenhouse gas emissions;
(II) Incentivizing Colorado businesses to:
(A) Use materials that Coloradans recycle and compost;
(B) Produce new products that meet known health and safety standards;
(C) Maximize the recovery and reuse of byproducts during the manufacturing process; and
(D) Minimize waste when manufacturing, selling, or distributing products;
(III) Incentivizing and supporting local, regional, and statewide infrastructure, systems, logistics, studies, and marketing to help create a sustainable circular economy;
(IV) Creating local jobs, developing Colorado's workforce, supporting regional businesses, and diversifying current and new end markets;
(V) Supporting circular economy and sustainable resource education;
(VI) Extending the useful life of local landfills;
(VII) Supporting statewide municipal waste diversion and aversion and waste reduction goals; and
(VIII) Reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs.
(b) To the extent practicable, in prioritizing and designing its services, the enterprise shall coordinate with:
(I) The circular economy development center;
(II) The producer responsibility program and nonprofit organization that the executive director of the department designates pursuant to section 25-17-705 (1)(b)(II) as the producer responsibility organization to implement and administer the producer responsibility program;
(III) The office of economic development created in section 24-48.5-101 (1); and
(IV) Any similar public and private initiatives identified by the board as supporting a circular economy.
(6) Grant and funding program. (a) (I) The enterprise shall administer the grant and funding program and, subject to available revenue, shall award grants and funding from the fund as provided in this subsection (6).
(II) Before distributing money, the board shall assess and determine an equitable distribution of money from the fund for rural counties. This assessment may occur within each grant or funding opportunity or within the overall distribution of money, as determined by the board.
(III) If the grant applications or funding requests are insufficient to achieve the desired distribution, the board may distribute money in a manner that deviates from the equitable distribution determined by the board, but the board shall then evaluate and identify strategies to work toward an equitable distribution of money from the fund for future grant and funding opportunities.
(b) (I) The purpose of the grant and funding program is to provide economic and technical assistance to eligible entities in their efforts to promote a circular economy, including waste diversion and aversion, as described in this section.
(II) The board shall establish criteria to evaluate and prioritize applications or requests for grants or awards of funding. As part of the services that the board may contract for the enterprise pursuant to subsection (3)(c)(VI) of this section, the department shall review applications and requests for funding utilizing criteria that the board establishes.
(III) (A) Subject to subsection (6)(b)(III)(B) of this section, in reviewing applications and requests for funding, the department may engage stakeholders to inform the design of, identify gaps in, or assist in the review process or to gain increased understanding of topics that may merit inclusion in the approved project activities and deliverables, such as industry standards, environmental health and safety standards, business requirements, economic or investment considerations, or similar topics that will support the successful implementation of an approved project.
(B) In engaging a stakeholder, the department shall determine that the stakeholder does not have a conflict of interest regarding the grant application or funding request being designed or reviewed or, if the stakeholder has a conflict of interest, that the conflict can be managed through business practices, including disclosures and recusals, to maximize fairness across all applicants and entities requesting funding. A board member may serve as a stakeholder for the purpose of this subsection (6)(b)(III) if the board member does not have a conflict of interest or the conflict of interest can be managed in the same manner as other stakeholders.
(IV) The department shall develop grant and funding recommendations for the board that include the recommended grant or funding recipient, the project and its contribution to a circular economy, the grant or funding award amount, the duration of the grant, and whether the grant benefits rural areas of the state. The board shall review the department's recommendations in awarding grants or funding.
(c) At a minimum, at the time of application or request for funding or, if appropriate as determined by the board, at the time of awarding a grant or funding, an award of a grant or of funding must include the following information:
(I) A narrative description of the project;
(II) A description of how the project promotes a circular economy, including waste diversion and aversion;
(III) The amount of in-kind contributions or matching funds, if any, that the applicant or outside sources will provide for the project budget; and
(IV) For nonprofit and for-profit grant project applications, whether there is local government support for the grant application.
(d) Grant and funding recipients may use the money received through the grant and funding program for staffing, supplies, equipment, marketing and communications, planning, policy research and development, community engagement, and programming and services required by the board.
(e) The board shall:
(I) Use its best efforts to award grants within ninety days after receipt of applications and to award other funding as soon as practicable;
(II) Not allocate more than fifty percent of the annual fee revenue in any single grant award;
(III) Include a scope of work or conditions of funding, including mileposts and deadlines for achievement of specified goals, in grant award and funding agreements; and
(IV) Determine the criteria for measuring progress. The board shall consider a grantee's or funding recipient's progress in awarding further grants to the grantee or funding to the funding recipient.
(f) (I) A grantee or funding recipient shall report to the board on the progress of the project financed by the grant or award of funding pursuant to terms specified by the board but no less than on an annual basis.
(II) The board may develop a policy regarding a grantee's noncompliance with the grant or funding agreement entered into by the grantee or funding recipient and the board, which policy may include a mechanism for the board to convert the grantee's grant or funding award to a loan with interest. Nothing in this subsection (6)(f) limits the board's authority to address noncompliance with action up to and including termination of the grant or funding agreement.
(7) Reporting. Notwithstanding section 24-1-136 (11)(a)(I), the board shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over environment matters regarding:
(a) The unobligated balance of the fund;
(b) An overview of the grants and funding awarded and of any technical assistance provided;
(c) The progress toward achievement of a circular economy, including waste diversion and aversion, and the primary factors facilitating and inhibiting that progress; and
(d) Any suggested legislation or policy changes.
(8) Repeal. (a) This section is repealed, effective September 1, 2032.
(b) The state treasurer shall transfer any money remaining in the fund on September 1, 2032, to the general fund.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1116, � 1, effective July 1. L. 2025: (2)(i) and (5)(a)(VIII) added and (5)(a)(VI) and (5)(a)(VII) amended, (HB 25-1059), ch. 77, p. 327, � 2, effective August 6.
Editor's note: Subsections (3)(c)(VIII)(B), (4)(b)(V)(B), and (4)(d)(II) provided for the repeal of subsections (3)(c)(VIII), (4)(b)(V), and (4)(d), respectively, effective July 1, 2025. (See L. 2024, p. 1116.)
25-16.5-110. Stakeholder feedback - report. (1) Stakeholders may provide the department with feedback about the effectiveness of the enterprise, including any factors that facilitate or inhibit progress, which factors may relate to the enterprise itself or to other areas such as the circular economy development center or producer responsibility program. At any time the department chooses, the department shall share the feedback with the board to inform the board's strategies and decisions.
(2) By January 1, 2030, the department, after engaging stakeholders, shall submit a report to the committees of reference of the general assembly with jurisdiction over environmental matters regarding the enterprise and any recommendations. The department's recommendations in the report may include:
(a) The statutory repeal date of the enterprise, if any;
(b) Enterprise fee amounts, including a proposed schedule for fee increases or a recommendation to move to a single, statewide fee; and
(c) Progress toward delivering statewide services.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1126, � 1, effective July 1.
ARTICLE 17
Waste Diversion and Recycling
PART 1
RECYCLING OF PRODUCTS
C.R.S. § 25-7-109
25-7-109. Commission to adopt emission control regulations - rules. (1) (a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls:
(I) For each significant source or category of significant sources of air
pollutants;
(II) For each type of facility, process, or activity which produces or might
produce significant emissions of air pollutants.
(b) The requirements and prohibitions contained in such regulations shall be
set forth with as much specificity and clarity as is practical. Upon adoption of an emission control regulation under subparagraph (II) of paragraph (a) of this subsection (1) for the control of a specific facility, process, or activity, such regulation shall apply to the exclusion of other emission control regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1); prior to such adoption, the general regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1) shall be applicable to such facility, process, or activity. In the formulation of each emission control regulation, the commission shall take into consideration the following:
(I) The state policy regarding air pollution, as set forth in section 25-7-102;
(II) Federal recommendations and requirements;
(III) The degree to which altitude, topography, climate, or meteorology in
certain portions of the state require that emission control regulations be more or less stringent than in other portions of the state;
(IV) The degree to which any particular type of emission is subject to
treatment and the availability, technical feasibility, and economic reasonableness of control techniques;
(V) The extent to which the emission to be controlled is significant;
(VI) The continuous, intermittent, or seasonal nature of the emission to be
controlled;
(VII) The economic, environmental, and energy costs of compliance with such
emission control regulation;
(VIII) Whether an emission control regulation should be applied throughout
the entire state or only within specified areas or zones of the state, and whether it should be applied only when a specified class or type of pollution is concerned.
(2) Such emission control regulations may include, but shall not be limited
to, regulations pertaining to:
(a) Visible pollutants;
(b) Particulates;
(c) Sulfur oxides, sulfuric acids, organic sulfides, hydrogen sulfide, nitrogen
oxides, carbon oxides, hydrocarbons, fluorides, and any other chemical substance;
(d) Odors, except for livestock feeding operations that are not housed
commercial swine feeding operations as defined in section 25-8-501.1 (2)(b);
(e) Open burning activity;
(f) Organic solvents;
(g) Photochemical substances;
(h) Hazardous air pollutants and toxic air contaminants, as defined in section
25-7-109.5 (1)(i).
(3) Emission control regulations adopted pursuant to this section shall
include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities:
(a) Incinerator and incinerator design;
(b) Storage and transfer of petroleum products and any other volatile
organic compounds;
(c) Activities which frequently result in particulate matter becoming
airborne, such as construction and demolition operations;
(d) Specifications, prohibitions, and requirements pertaining to fuels and fuel
additives, such as tetraethyl lead;
(e) Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt plants,
and any other industrial or commercial activity which tends to emit air pollutants as a by-product;
(f) Industrial process equipment;
(g) Industrial spraying operations;
(h) Airplanes;
(i) Diesel-powered machines, vehicles, engines, and equipment;
(j) Storage and transfer of volatile compounds and hazardous or toxic gases
or other hazardous substances which may become airborne.
(4) The commission shall promulgate appropriate regulations pertaining to
hazardous air pollutants.
(5) The commission shall promulgate appropriate regulations setting
conditions and time limitations for periods of start-up, shutdown, or malfunction or other conditions which justify temporary relief from controls. Operations of any air pollution source during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance or compliance test.
(6) The commission shall establish test methods and procedures for
determining compliance with emission control regulations promulgated under this section and, in so doing, shall, to the maximum degree consistent with the purposes of this article, consider the test methods and procedures established by the United States environmental protection agency and shall adopt such test methods and procedures as shall minimize the possibility of inconsistency or duplication of effort.
(7) All regulations promulgated pursuant to this section shall conform with
the provisions of part 5 of this article concerning asbestos control.
(8) (a) Notwithstanding any other provision of this section, the commission
shall not regulate emissions from agricultural, horticultural, or floricultural production such as farming, seasonal crop drying, animal feeding operations that are not housed commercial swine feeding operations as defined in section 25-8-501.1 (2)(b), and pesticide application; except that the commission shall regulate such emissions if they are major stationary sources, as that term is defined in 42 U.S.C. sec. 7602 (j), or are required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program), or are participating in the early reduction program of section 112 of the federal act, or is not required by section 111 of the federal act, or is not required for sources to be excluded as a major source under this article.
(b) Nothing in paragraph (a) of this subsection (8), as amended by House Bill
05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(9) (a) The commission shall adopt a procedure consistent with the federal
environmental protection agency requirements for determining when there has been a net significant emissions increase which results in a major modification that subjects a source to the permitting requirements of the prevention of significant deterioration program or the nonattainment area new source review. The commission's procedure shall also prohibit sources from circumventing the new source review requirements in a manner consistent with the federal environmental protection agency guidance. Such procedure shall be the same for both the prevention of significant deterioration program and the nonattainment area new source review program and shall not apply to hazardous air pollutants. Such net emissions increase procedure shall be as described in paragraph (b) of this subsection (9), unless and until the federal environmental protection agency requires otherwise or unless after January 1, 1998, the commission:
(I) Undertakes a collaborative process with the affected industries to
determine the cost and emission impacts associated with any proposed changes in this procedure;
(II) Reviews at least three years of emissions increases and decreases under
the procedures described in paragraph (b) of this subsection (9);
(III) Delivers reports on the matters required in subparagraphs (I) and (II) of
this paragraph (a) to the general assembly for its review;
(IV) Determines through rule-making that an applicability procedure for
major modifications more stringent than that described in paragraph (b) of this subsection (9) is equitable when considering minor, area, and mobile source controls; and
(V) Determines through rule-making that such more stringent applicability
procedure is necessary to attain and to maintain the national ambient air quality standards.
(b) The procedure for determining when there has been a net significant
emissions increase shall be consistent with requirements of the federal environmental protection agency and:
(I) Such requirements shall apply only if there is, in the first instance, a
significant emissions increase from an individual proposed project or modification. If the individual proposed project or modification will not result in a significant emissions increase, it shall be exempt from the prevention of significant deterioration program and the nonattainment area new source review requirements.
(II) If a project or modification is not exempt under subparagraph (I) of this
paragraph (b), each pollutant for which the project results in a significant emissions increase shall be subject to the prevention of significant deterioration program or the nonattainment area new source review requirements only if the sum of all source-wide, non-de minimis, contemporaneous, and creditable emissions increases and decreases of that pollutant or that regulated precursor exceed applicable significance levels. Each specific regulated precursor shall be considered independently in determining applicable significance levels.
(III) In determining the non-de minimis net emissions increase during the
contemporaneous period, the commission's procedures shall be consistent with the federal environmental protection agency's review procedure for determining net emissions increases and decreases. Non-de minimis increases shall exclude all increases which would be exempt under commission rules from a requirement to obtain a construction permit under section 25-7-114.2.
(10) (a) The commission shall adopt rules to minimize emissions of methane
and other hydrocarbons, volatile organic compounds, and oxides of nitrogen from oil and natural gas exploration and production facilities and natural gas facilities in the processing, gathering and boosting, storage, and transmission segments of the natural gas supply chain.
(b) (I) The commission shall review its rules for oil and natural gas well
production facilities and compressor stations and specifically consider adopting more stringent provisions, including:
(A) A requirement that leak detection and repair inspections occur at all well
production facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules;
(B) A requirement that owners and operators of oil and gas transmission
pipelines and compressor stations must inspect and maintain all equipment and pipelines on a regular basis;
(C) A requirement that oil and natural gas operators must install and operate
continuous methane emissions monitors at facilities with large emissions potential, at multi-well facilities, and at facilities in close proximity to occupied dwellings; and
(D) A requirement to reduce emissions from pneumatic devices. The
commission shall consider requiring oil and gas operators, under appropriate circumstances, to use pneumatic devices that do not vent natural gas.
(II) The commission may, by rule, phase in the requirement to comply with
this subsection (10)(b) on the bases of production capability, type and age of oil and gas facility, and commercial availability of continuous monitoring equipment. If the commission phases in the requirement to comply with this subsection (10)(b), it shall increase the required frequency of inspections at facilities that are subject to the phase-in until the facilities achieve continuous emission monitoring.
(c) Notwithstanding the grant of authority to the energy and carbon
management commission in article 60 of title 34, including specifically section 34-60-105 (1), the commission may regulate air pollution from oil and gas facilities listed in subsection (10)(a) of this section, including during preproduction activities, drilling, and completion.
(d) On or before August 31, 2026, the division shall propose rules designed to
reduce emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations, as defined by the commission by rule, including preproduction operations, between May 1 and September 30 in the eight-hour ozone control area and northern Weld county, as those terms are defined by the commission by rule, by fifty percent by 2030 relative to 2017 NOx emission levels. NOx emission levels are characterized by the most recent state inventory of NOx emissions for 2017 that the commission adopted for the purpose of inclusion in the state implementation plan for the 2015 eight-hour ozone national ambient air quality standard or as published concurrently with proposed rules consistent with this subsection (10)(d) in a notice of proposed rule-making published in accordance with section 25-7-110 (1).
Source: L. 79: Entire article R&RE, p. 1025, � 1, effective June 20. L. 87: (7)
added, p. 1151, � 3, effective July 1. L. 92: (2)(h) amended and (8) added, p. 1177, � 12, effective July 1. L. 94: (9) added, p. 1418, � 1, effective May 25. Initiated 98: (2)(d) and (8) amended, effective upon proclamation of the Governor, December 30, 1998. L. 2005: (8) amended, p. 348, � 4, effective August 8. L. 2019: (10) added, (SB 19-181), ch. 120, p. 502, � 3, effective April 16. L. 2022: (2)(c) and (2)(h) amended, (HB 22-1244), ch. 332, p. 2332, � 3, effective June 2. L. 2023: (10)(c) amended, (SB 23-285), ch. 235, p. 1254, � 27, effective July 1. L. 2024: (10)(d) added, (SB 24-229), ch. 183, p. 986, � 2, effective May 16.
Editor's note: Subsections (2)(d) and (8) were amended by an initiated
measure that was adopted by the people at the general election held November 3, 1998. The measure amending subsections (2)(d) and (8) was effective upon proclamation of the Governor, December 30, 1998. The vote count on the measure at the general election held November 3, 1998, was as follows:
FOR: 790,852
AGAINST: 438,873
Cross references: For the legislative declaration in HB 22-1244, see section 1
of chapter 332, Session Laws of Colorado 2022. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.
C.R.S. § 25-7-109.3
25-7-109.3. Colorado hazardous air pollutant control and reduction program - rules - repeal. (1) The commission shall promulgate appropriate rules pertaining to hazardous air pollutants that are consistent with this section, section 25-7-109.5, and the requirements of and emission standards promulgated pursuant to section 112 of the federal act, including any standard required to be imposed under section 112(r) of the federal act. The commission shall monitor the progress and results of the risk studies performed under section 112 of the federal act to show that Colorado's hazardous air pollutant control and reduction program is at least as protective as the national strategy.
(2) The commission may promulgate rules pertaining to hazardous air
pollutants in accordance with this section, section 25-7-109.5, and section 25-7-114.4. In order to minimize additional regulatory and compliance costs to the state's economy, any program created by the commission pursuant to this section may contain a provision that exempts from the requirements of the program those sources or categories of sources that it determines to be of minor significance. Consistent with the provisions of section 25-7-105.1, the commission shall authorize synthetic minor sources of hazardous air pollutants by the issuance of construction permits or prohibitory or other rules. The commission shall expeditiously implement this subsection (2) to ensure that all sources may be able to timely qualify as a synthetic minor source, thereby avoiding the costs of the operating permit program.
(3) (a) (I) As soon as adequate scientific, technological, and hazardous air
pollutant emissions information is available, the commission may promulgate regulations for the control of hazardous air pollutants, including utilizing Colorado GACT or Colorado MACT technology-based emission reduction requirements, as defined in section 25-7-103 (6.7) and (6.8).
(II) The division may establish schedules of compliance of up to five years
leading to final compliance for any such regulation, which shall be enforced through regulations or conditions in construction permits issued pursuant to section 25-7-114.2 or 25-7-114.5. In determining any schedule of compliance, the division shall consider the current availability of technology, costs of compliance, and the consequence of delay to the public health or environment or economy.
(III) The division shall issue its determination of Colorado GACT or Colorado
MACT and the compliance schedule in writing.
(IV) Within thirty calendar days after receipt of a determination by the
division requiring installation of Colorado GACT or Colorado MACT and the compliance schedule, pursuant to this subsection (3), a source may appeal such a determination or compliance schedule by filing with the commission a written petition requesting a hearing to review the determination on a de novo basis.
(V) Such hearing shall allow the parties to present evidence and argument
on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
(b) and (b.1) Repealed.
(c) The commission shall designate by regulation those classes of minor or
insignificant sources of emissions of hazardous air pollutants which are exempt from the requirements of this section because their emissions of hazardous air pollutants will result in an inconsequential risk to public health.
(d) (I) A source subject to the requirements of this section may be exempt
from installation of Colorado MACT or Colorado GACT or any Colorado health-based requirement if the division makes a determination that an alternative level of control, including no emission controls, will result in an inconsequential risk to public health.
(II) The division shall issue its determination of a source's request for
exemption under this paragraph (d) in writing within sixty days of receipt of a complete application for an exemption and shall publish notice of its determination by at least one publication in a newspaper of general distribution in the area of the source requesting the exemption.
(III) Within thirty calendar days after receipt of a determination by the
division of a request for exemption by a source under this paragraph (d), the source or any person may appeal such determination by filing with the commission a written petition requesting a hearing to review the exemption request on a de novo basis.
(IV) Such hearing shall allow the parties to present evidence and argument
on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
(e) Any source as defined in section 112(i) of the federal act, and regulations
promulgated thereunder, that participates in the early reduction program pursuant to section 112(i) of the federal act, or this article, shall be exempt from the requirements of this section for the same period of time exemptions from federal requirements or requirements under this article are allowed under the early reduction program.
(f) and (g) Repealed.
(4) (a) (I) The commission may adopt rules pertaining to those sources
identified as emitting hazardous air pollutants regulated under this section, which may include additional emission reduction requirements to address any residual risk of health effects with respect to actual persons living in the vicinity of sources after installation of technology-based controls. Imposition of such requirements may be made pursuant to section 25-7-109.5 or upon a determination by the commission that operation of sources without health-based controls does not or will not represent an inconsequential threat to public health. Rules as finally adopted pursuant to this subsection (4) may apply on a source-specific basis.
(II) Repealed.
(b) Repealed.
(c) Subject to paragraph (a) of this subsection (4), for existing sources not
subject to regulation under section 25-7-114.3, or not subject to regulation as a modified source, the commission may promulgate health-based regulations on a source-by-source basis, with the exceptions specified in paragraph (d) of this subsection (4).
(d) The commission may recognize similarities among regulated sources or
apply, when appropriate, previous control requirements established by the commission pursuant to paragraph (a) of this subsection (4) in making a determination about the need for such regulation under this subsection (4). The commission shall also consider fundamentally different factors between sources in making these determinations.
(e) The commission may establish schedules of compliance leading to final
compliance for any regulation promulgated pursuant to this subsection (4).
(f) A hearing conducted by the commission under this subsection (4) shall be
conducted in accordance with section 25-7-110 or 25-7-119 or article 4 of title 24, C.R.S., as applicable.
(g) In reaching a determination under this subsection (4), the commission
shall give consideration to the technical availability of methods of compliance, the costs of compliance, and the consequences of delay. The commission shall also consider cost-benefit analysis and risk-benefit analysis pursuant to section 24-4-103 (4.5), C.R.S.
(h) Temporary exceptional authority. (I) (A) This subparagraph (I) shall
apply until such time as the commission is authorized to act pursuant to paragraph (a) of this subsection (4). If the executive director of the department of public health and environment finds that a source in a category or subcategory of sources listed or proposed to be listed under section 112 of the federal act for which MACT or GACT is not scheduled for proposal until after 1997 and presents an unacceptable threat of actual health effects, then the executive director may direct the commission to evaluate and, as necessary, study such actual health effects. If the commission finds by a preponderance of the evidence that waiting until the source would be required to install GACT or MACT under section 112 of the federal act will cause an unacceptable incremental threat of actual health effects to persons living in the vicinity of such source, the commission may promulgate regulations for the control of hazardous air pollutants for the source. The control regulations may include the least restrictive control that will adequately protect the public, including but not limited to: Chemical substitution, pollution prevention, work process modifications, additional control technologies, or Colorado MACT or GACT. In promulgating Colorado GACT or MACT for the source, the commission shall consider and be as consistent as possible with GACT or MACT under section 112 of the federal act, minimization of duplicative capital expenditures and minimization of substantial reconstruction time. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).
(B) Any source which is required to install Colorado MACT or GACT under
regulations promulgated pursuant to sub-subparagraph (A) of this subparagraph (I) only and which subsequently is required to install federal MACT or GACT that is significantly different than Colorado MACT or GACT and imposes a significant capital cost on the source, then the general assembly shall study and consider whether an operating permit fee credit or a state tax credit for the capital costs, or a percentage of the costs, is appropriate.
(II) Until such time as the commission is authorized to act pursuant to
paragraph (a) of this subsection (4) and upon the recommendation of the executive director of the department of public health and environment, the governor may find, as expressed in an executive order, that after an existing source has installed Colorado or federal MACT or GACT, or Colorado MACT or GACT has been proposed for a new source or a modification of an existing source, the source presents an unacceptable threat of actual health effects. The governor may then direct the commission to evaluate and, as necessary, conduct studies on actual health effects. If the commission determines by a preponderance of the evidence that emissions of hazardous air pollutants by the source will cause an unacceptable threat of actual health effects to persons living in the vicinity of such source, the commission may then promulgate additional technology-based control regulations, pollution prevention, or health-based measures to protect the public health. The commission shall provide a schedule of compliance leading to final compliance which considers matters identified in paragraphs (c), (e), (f), and (g) of this subsection (4).
(III) This subsection (4)(h) is repealed, effective July 1, 2026.
(5) (a) The substances listed in or pursuant to section 112(b) of the federal
act, and the following substances, are declared to be hazardous air pollutants and are subject to regulation by the commission under this section:
Chemical Abstracts
Service Number Chemical
(I) 50-18-0 Cyclophosphamide
(II) 50-32-8 Benzo(a)pyrene
(III) 52-24-4 Tris(aziridinyl)-phosphine sulfide
(IV) 52-24-4 Thio-tepa
(V) 53-70-3 Dibenz[a,h]anthracene
(VI) 55-98-1 1,4-butanediol dimethanesulphonate
(VII) 56-53-1 Dirthylstulresterol
(VIII) 56-55-3 Benz[a]anthracene
(IX) 70-25-7 N-methyl-n-nitro-n-nitrosoguanidine
(X) 78-98-8 Methylglyoxol
(XI) 115-28-6 Chlorendic acid
(XII) 117-10-2 Chrysazin
(XIII) 122-60-1 Phenyl glycidyl ether
(XIV) 132-27-4 2-biphenylol sodium salt
(XV) 154-93-8 Bischloroethyl nitrosourea
(XVI) 298-81-7 8-methoxypsoralen
(XVII) 299-75-2 Treosulphan
(XVIII) 305-03-3 Clorambucil
(XIX) 370-67-2 Azactidine
(XX) 366-70-1 Procarbazine hydrochloride
(XXI) 446-86-6 Azathioprine
(XXII) 484-20-8 5-methoxypsoralen
(XXIII) 494-03-1 Chlornaphazine
(XXIV) 590-96-5 Methanol, (methyl-onn-azoxy)
(XXV) 607-57-8 2-nitrofluorene
(XXVI) 615-53-2 N-nitroso-n-methylurethane
(XXVII) 817-09-4 Trichlormethine
(XXVIII) 1188-47-2 Nitrilotriacetic
acid, copper(2+)salt(1:1)
(XXIX) 1188-48-3 Nitrilotriacetic
acid, magnesium salt(1:1)
(XXX) 1309-64-4 Antimony oxide
(XXXI) 1317-98-2 Valentinite
(XXXII) 1402-68-2 Aflatoxins
(XXXIII) 2399-81-7 Nitrilotriacetic acid,
beryllium salt(1:1)
(XXXIV) 2399-83-9 Nitrilotriacetic acid,
barium salt(1:1)
(XXXV) 2399-85-1 Nitrilotriacetic acid,
tripotassium salt
(XXXVI) 2399-86-2 Nitrilotriacetic acid,
dipotassium salt
(XXXVII) 2399-87-3 Nitrilotriacetic acid,
beryllium potassium salt(1:1)
(XXXVIII) 2399-88-4 Nitrilotriacetic acid,
potassium magnesium salt(1:1:1)
(XXXIX) 2399-89-5 Nitrilotriacetic acid,
potassium strontium salt(1:1:1)
(XL) 2399-94-2 Nitrilotriacetic acid,
calcium salt(1:1)
(XLI) 2455-08-5 Nitrilotriacetic acid,
calcium potassium salt(1:1:1)
(XLII) 2475-45-8 Disperse blue 1
(XLIII) 2646-17-5 C1 solvent orange2
(XLIV) 3130-95-8 Nitrilotriacetic acid,
scandium (3+) salt (1:1)
(XLV) 3438-06-0 Nitrilotriacetic acid,
neodymium (3+) salt (1:1)
(XLVI) 5064-31-3 Nitrilotriacetic acid,
trisodium salt
(XLVII) 5522-43-0 1-nitropyrene
(XLVIII) 5798-43-6 Nitrilotriacetic acid,
disodium salt, compound
with oxo (dihydrogen nit)
(XLIX) 7496-02-8 6-nitrochrysene
(L) 10042-84-9 Nitrilotriacetic acid,
sodium salt (unspecified)
(LI) 10043-92-2 Radon decay products
(LII) 10413-71-5 Nitrilotriacetic acid,
erbium(3+) salt (3:1)
(LIII) 12412-52-1 Senarmontite
(LIV) 12510-42-8 Erionite
(LV) 13010-47-4 1-(2-chloroethyl)-3-
cyclohexyl-1-nitrosourea
(LVI) 13909-09-6 1,(2-chloroethyl)-3-(4
methyl-cyclohexyl)-1
nitrosourea
(LVII) 14695-88-6 Nitrilotriacetic acid,
compound with iron
chloride, as /fecl3/
(LVIII) 14807-96-6 Talc (containing
asbestos fibers)
(LIX) 14981-08-9 Nitrilotriacetic acid,
calcium salt
(LX) 15414-25-2 Nitrilotriacetic acid,
yttrium (3+) salt (1:1)
(LXI) 15467-20-6 Nitrilotriacetic acid,
disodium salt
(LXII) 15663-27-1 Cisplatin
(LXIII) 15844-52-7 Nitrilotriacetic acid,
copper (2+) complex
(LXIV) 15934-02-8 Nitrilotriacetic acid,
monoammonium salt
(LXV) 16448-54-7 Nitrilotriacetic acid,
iron (3+) complex
(LXVI) 16568-02-8 Gyromitrin
(LXVII) 18105-03-8 Nitrilotriacetic acid,
mercury (2+) salt (2:3)
(LXVIII) 18432-54-7 Nitrilotriacetic acid,
cadmium (2+) complex
(LXIX) 18540-29-9 Chromium compounds,
hexavalent
(LXX) 18662-53-8 Nitrilotriacetic acid,
trisodium salt monohydrate
(LXXI) 18946-94-6 Nitrilotriacetic acid,
neodymium (3+) salt (1:1)
(LXXII) 18983-72-7 Nitrilotriacetic acid,
beryllium potassium salt (1:1)
(LXXIII) 18994-66-6 Nitrilotriacetic acid,
monosodium salt
(LXXIV) 19010-73-2 Nitrilotriacetic acid,
aluminium (3+) complex
(LXXV) 19456-58-7 Nitrilotriacetic acid,
inidium (3+) complex
(LXXVI) 22965-60-2 Nitrilotriacetic acid,
nickel (3+) complex
(LXXVII) 23214-92-8 Adrianmycin
(LXXVIII) 23255-03-0 Nitrilotriacetic acid,
disodium salt, monohydrate
(LXXIX) 23319-51-9 Nitrilotriacetic acid,
cobalt (3+) complex
(LXXX) 23555-96-6 Nitrilotriacetic acid,
potassium strontium salt
(2:4:1)
(LXXXI) 23555-98-8 Nitrilotriacetic acid,
calcium potassium salt
(2:1:4)
(LXXXII) 25817-24-7 Nitrilotriacetic acid,
potassium salt
(LXXXIII) 28444-53-3 Nitrilotriacetic acid,
monopotassium salt
(LXXXIV) 28027-38-0 Nitrilotriacetic acid,
holmium salt
(LXXXV) 29027-90-5 Nitrilotriacetic acid,
cerium salt
(LXXXVI) 29507-58-2 Nitrilotriacetic acid,
zinc (3+) complex sodium salt
(LXXXVII) 32685-17-9 Nitrilotriacetic acid,
triammonium salt
(LXXXVIII) 34831-02-2 Nitrilotriacetic acid,
copper (2+) hydrogen complex
(LXXXIX) 34831-03-3 Nitrilotriacetic acid,
nickel (2+) hydrogen
complex
(XC) 36711-58-7 Nitrilotriacetic acid,
manganese salt
(XCI) 42397-64-8 1,6-dinitropyrene
(XCII) 42397-65-9 1,8-dinitropyrene
(XCIII) 46242-44-8 Nitrilotriacetic acid,
antimony (3+) complex
(XCIV) 50618-02-7 Nitrilotriacetic acid,
tricadium (2+) complex
(XCV) 53108-47-7 Nitrilotriacetic acid,
copper (2+) complex sodium
salt
(XCVI) 53108-50-2 Nitrilotriacetic acid,
cobalt (3+) hydrogen
complex
(XCVII) 53818-84-1 Nitrilotriacetic acid,
tin (2+) salt
(XCVIII) 54749-90-5 Chlorozotocin
(XCIX) 57835-92-4 4-nitropyrene
(C) 59865-13-3 Cyclosporin A
(CI) 60034-45-9 Nitrilotriacetic acid,
calcium sodium salt
(1:1:1)
(CII) 60153-49-3 3-(n-nitrosomethylamino)
propionitrile
(CIII) 61017-62-7 Nitrilotriacetic acid,
iron (2+) complex sodium
salt (1:1:1)
(CIV) 62450-06-0 trp-p-1
(CV) 62450-07-1 trp-p-2
(CVI) 64091-91-4 Ketone, 3-pyridyl3-
(n-methyl-n-nitrosoamino)
propyl
(CVII) 67730-10-3 2-aminodipyrido[1,2-a3,2-
d]imidazole
(CVIII) 66730-11-4 2-amino-6-
methyldipyrido[1,2-a32-
d]imidazole
(CIX) 68006-83-7 2-amino-3-methyl-
9h-pyrido[2,3-b]indole
(CX) 69679-89-6 Nitrilotriacetic acid,
calcium salt (2:3)
(CXI) 71484-80-5 Nitrilotriacetic acid,
copper (2+) complex
ammonium salt
(CXII) 72629-49-3 Nitrilotriacetic acid,
dilithium salt
(CXIII) 73772-91-5 Nitrilotriacetic acid,
magnesium salt
(CXIV) 76180-96-6 2-amino-3-
methylimadazo[4,5-
f]quinoline
(CXV) 79217-60-0 Cyclosporine
(CXVI) 79849-02-8 Nitrilotriacetic acid,
lead (2+) salt (1:1)
(CXVII) 79915-08-5 Nitrilotriacetic acid,
lead (2+) potassium salt
(1:1:1)
(CXVIII) 79915-09-6 Nitrilotriacetic acid,
lead (2+) salt (2:3)
(CXIX) 80508-23-2 N-nitrosonornicotine
(CXX) 86892-89-9 Nitrilotriacetic acid,
disodium ammonium salt
(CXXI) 92474-39-0 Nitrilotriacetic acid,
trisilver salt
(CXXII) 92988-11-9 Nitrilotriacetic acid,
strontium sodium salt
(CXXIII) 108171-26-2 Chlorinated paraffins
(c12, 60% chlorine)
(CXXIV) 309-00-2 Aldrin
(CXXV) 60-57-1 Dieldrin
(CXXVI) 55-18-5 N-nitrosodiethylamine
(CXXVII) 319-84-6 L-hexachlorocyclohexane
(CXXVIII) 608-73-1 Hexachlorocyclohexane-tech
(CXXIX) 7644-41-0 1,4 dichloro-2-butene
(CXXX) 924-16-3 N-nitroso-d-n-butyl-amine
(b) The commission may promulgate a regulation which amends by adding
to, or deleting from, the list of hazardous air pollutants subject to regulation under this section within the state which are not listed as hazardous air pollutants under the federal act. In amending the list of hazardous air pollutants in paragraph (a) of this subsection (5), the commission shall utilize the same standards and criteria which section 112 of the federal act requires the administrator to utilize in amending the list of hazardous air pollutants under the federal act.
(c) The commission shall by regulation establish de minimis emission levels
for each hazardous air pollutant beneath which levels emissions are considered to be of minor significance.
(d) The rule-making authorized under paragraphs (b) and (c) of this
subsection (5) shall include a hearing to allow the parties to present evidence and argument on all issues and to conduct cross-examination required for full disclosure of the facts and shall otherwise be conducted in accordance with section 25-7-119.
(e) Proceedings of the commission to amend the list of hazardous air
pollutants under paragraph (b) of this subsection (5) shall be conducted on a substance-by-substance basis and there shall not be a consolidation of proceedings wherein more than five substances are considered for listing as a hazardous air pollutant in one proceeding.
Source: L. 92: Entire section added, p. 1180, � 13, effective July 1. L. 94: (2)
amended, p. 1419, � 2, effective May 25; (4)(h)(I)(A) and (4)(h)(II) amended, p. 2782, � 499, effective July 1. L. 96: (1) amended, p. 1257, � 150, effective August 7. L. 2016: (3)(b.1), (3)(d)(III), (4)(d), (4)(h)(I)(A), (4)(h)(II), and (5)(b) amended and (4)(a)(II) and (4)(b) repealed, (SB 16-189), ch. 210, p. 771, � 64, effective June 6. L. 2021: (2) amended, (HB 21-1266), ch. 411, p. 2748, � 15, effective July 2. L. 2022: (1), (2), (3)(a)(I), (4)(a)(I), and (4)(h)(III) amended and (3)(b), (3)(b.1), (3)(f), and (3)(g) repealed, (HB 22-1244), ch. 332, p. 2341, � 5, effective June 2.
Cross references: (1) For the legislative declaration contained in the 1994
act amending subsections (4)(h)(I)(A) and (4)(h)(II), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.
(2) For the short title (Environmental Justice Act) and the legislative
declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.
(3) For the legislative declaration in HB 22-1244, see section 1 of chapter
332, Session Laws of Colorado 2022.
C.R.S. § 25-7-1101
25-7-1101. Legislative declaration. (1) The general assembly hereby declares that:
(a) Exposure of children to lead represents a significant environmental
health problem that is preventable;
(b) According to the federal Residential Lead-based Paint Hazard Reduction
Act of 1992, 15 U.S.C. secs. 2682 and 2684, et seq., as amended, home buyers and renters must be properly informed of the risks of lead exposure to children, especially children under seven years of age;
(c) Trained and qualified individuals are needed in order to advise consumers
about lead hazards in general and about specific measures that may be needed to control such hazards; and
(d) The state seeks to adopt the concept of lead-safe housing units and
child-occupied facilities, rather than lead-free housing and facilities. The goal of the state should not be the removal of all lead-based paint, but the creation of housing and facilities where no significant lead-based paint hazard is present. This goal includes the removal, enclosure, or encapsulation of lead-based paint to remove lead hazards from target housing and child-occupied facilities.
(2) The general assembly declares that the enforcement of the lead-based
paint abatement standards may be delegated to local health and building departments in Colorado.
(3) Therefore, the general assembly determines and declares that the
enactment of this part 11 is a matter of statewide concern to achieve uniformity in the regulation of lead abatement practices and uniformity in the qualifications for and certification of persons who perform such abatement.
Source: L. 97: Entire part added, p. 1086, � 2, effective July 1.
C.R.S. § 25-7-1103
25-7-1103. Powers and duties of air quality control commission - rules. (1) The commission shall promulgate rules pursuant to section 24-4-103, C.R.S., as necessary to implement this part 11 under the requirements of the federal Residential Lead-Based Paint Hazard Reduction Act of 1992, 15 U.S.C. secs. 2682, 2684, and 2686, as amended, including the following:
(a) Procedures for a training and certification program for persons and
companies involved in inspection, risk assessment, planning, project design, supervision, or conduct of the abatement of surfaces containing lead-based paint, as such actions are defined in the federal Residential Lead-based Paint Hazard Reduction Act of 1992, in target housing or child-occupied facilities;
(b) Performance standards and practices for lead abatement;
(c) Procedures for the approval of persons or companies who provide
training or accreditation for workers, supervisors, inspectors, risk assessors, or project designers performing lead-based paint activities in target housing or child-occupied facilities;
(d) Procedures for notification to appropriate persons regarding lead-based
paint projects in target housing or child-occupied facilities;
(e) Establishment of fees for certification of persons under paragraph (a) of
this subsection (1), for any necessary monitoring of such persons to ensure compliance with this part 11, and for approval of persons or companies involved in the training or accreditation under paragraph (c) of this subsection (1); and
(f) (I) Requirements for each person who performs for compensation a
renovation of target housing to provide a lead hazard information pamphlet to the owner and occupant of such housing prior to commencing the renovation.
(II) If the federal funding necessary to comply with this paragraph (f) is
revoked, the division shall not be required to comply with this paragraph (f) until such funding is restored.
(2) (a) The requirements for the training and certification program
established by the commission under paragraph (a) of subsection (1) of this section shall not be more stringent than:
(I) The training and certification requirements established by the federal
Residential Lead-based Paint Hazard Reduction Act of 1992 or federal rules promulgated pursuant to such act; or
(II) The training and certification requirements of any program that has been
established under the federal Residential Lead-based Paint Hazard Reduction Act of 1992 and that has been approved by the federal environmental protection agency.
(b) The commission shall consider prior experience in abatement of lead-based paint hazards when establishing training and certification requirements.
(3) The provisions of this part 11 apply only to lead-based paint hazards.
Source: L. 97: Entire part added, p. 1088, � 2, effective July 1. L. 2006: IP(1)
amended and (1)(f) added, p. 131, � 1, effective August 7.
C.R.S. § 25-7-413
25-7-413. Methods for reducing wood smoke in program area. (1) Methods for reducing wood smoke in the program area may be implemented, as follows:
(a) Voluntary financial incentives. The lead air quality planning agency for
the Denver metropolitan area shall work with other organizations to establish a program of financial incentives to encourage and defray the costs associated with conversions to Phase III wood stoves or to gas or electric devices. The program shall include incentives to use energy efficient devices.
(b) Educational program. The lead air quality planning agency for the Denver
metropolitan area shall work with public and private organizations to promote the following: The voluntary upgrade of conventional wood-burning stoves to Phase III stoves and the conversion of existing conventional fireplaces to fireplace inserts or to gas or electric devices;
(c) Voluntary conversions. (I) The commission shall establish goals for
voluntary conversion of wood-burning units to cleaner burning technology to be met by December 31, 1994, and by December 31, 1997. The primary objective of the goals shall be to attain and maintain standards for particulate matter established pursuant to the federal Clean Air Act, taking into account other strategies adopted in the state implementation plan. The goals established by the commission may not exceed the following maximum levels:
(A) The conversion or nonuse of one hundred thousand conventional wood-burning fireplaces to clean technology by December 31, 1994, and one hundred fifty
thousand by December 31, 1997;
(B) The conversion or nonuse of twenty thousand conventional wood stoves
to Phase III wood stoves by December 31, 1994, and thirty thousand conversions by December 31, 1997.
(II) The goals established pursuant to subparagraph (I) of this paragraph (c)
may be less than the maximum levels if the commission determines that such nonuse or conversions are not necessary to attain and maintain federal particulate matter standards.
(d) Contingency plan. (I) In the event that goals established in paragraph (c)
of this subsection (1) are not met, or the commission determines that wood-burning controls are necessary to either attain or maintain the standards for particulate matter established pursuant to the 1990 amendments to the federal Clean Air Act, taking into account other strategies, the commission shall develop and implement a contingency plan.
(II) Prior to the development of the contingency plan, the commission shall
contract with an independent contractor to conduct a random survey of the program area to determine public preferences for various wood smoke reduction strategies and shall hold a public hearing before adopting any recommendations concerning wood smoke reduction strategies, which recommendations shall be submitted to the general assembly for action.
(III) Strategies surveyed for public preference and considered by the
commission for inclusion in the contingency plan shall include, but need not be limited to, the following:
(A) Charging a fee for residents of dwellings who wish to burn wood in a
conventional stove or fireplace and using the fee for conversion incentives, enforcement of rules against burning wood without having paid a fee, and monitoring for compliance with rules;
(B) Conversion to clean burning devices upon the sale of a dwelling unit
containing a conventional fireplace or non-Phase III wood stove;
(C) Removal of the exemption for primary heat sources on no-burn days;
(D) A permit-to-burn program with a maximum number of permits
determined by the commission and issued in a random but proportional manner throughout the program area.
(2) Verifying voluntary conversions. To measure and verify progress in
regard to the provisions of subsection (1) of this section, the commission shall do the following:
(a) The commission shall develop measures for obtaining from consumers in
the program area pledges not to use any device other than a Phase III wood stove, fireplace insert, or a gas or electric fireplace; and
(b) The department of revenue shall adopt a procedure for tracking
conversions of non-Phase III wood stoves and fireplaces and, if applicable, the number of non-Phase III wood stoves permanently destroyed, which procedure shall include a requirement that retailers regularly submit to the commission the number of consumer purchases of Phase III wood stoves or inserts or gas or electric fireplaces.
(3) Wood smoke reduction fee - termination. (a) On and after July 1, 1992,
any retailer who sells a new wood stove or insert or a gas or electric fireplace or fireplace that uses a gas or electric device in the program area shall obtain from the purchaser a signed conversion form, which form shall be provided by the department of revenue, or an entity with which the department is hereby authorized to contract, affirming the purchase of such device and indicating whether the purchase is in connection with a conversion to a cleaner burning device. In addition to obtaining the signed conversion form, the retailer shall submit to the department of revenue in accordance with paragraph (b) of this subsection (3) a fee in the amount of one dollar.
(b) On and after July 1, 1992, and in accordance with paragraph (c) of this
subsection (3), the retailer shall submit to the department of revenue the conversion form along with the fee described in paragraph (a) of this subsection (3). The department of revenue shall transmit the fee to the state treasurer who shall credit the same to the wood smoke reduction fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly to the department of revenue to cover the direct and indirect costs of developing a conversion form in accordance with paragraph (a) of this subsection (3), tracking conversion in accordance with paragraph (a) of this subsection (3) and paragraph (b) of subsection (2) of this section, and for the department of public health and environment to conduct a survey in connection with the implementation of a contingency plan in accordance with paragraph (d) of subsection (1) of this section; except that no moneys shall be used for conducting a survey in connection with the implementation of a contingency plan in accordance with paragraph (d) of subsection (1) of this section without specific approval by the joint budget committee. In accordance with section 24-36-114, C.R.S., all interest derived from the deposit and investment of this fund shall be credited to the general fund. The department of revenue, or the entity with which the department has contracted pursuant to paragraph (a) of this subsection (3), shall submit a report to the commission on the number of conversions no later than thirty days after receiving reports from retailers in accordance with paragraph (c) of this subsection (3).
(c) The retailer shall submit semi-annual reports to the department of
revenue no later than on the twentieth day of the month after the close of the preceding six-month period together with the conversion forms and the remittance for all fees collected for the preceding six-month period. If no fees are submitted by the retailer, no report is necessary.
(d) Effective July 1, 1997, the wood smoke reduction fund and the wood
smoke reduction fee are eliminated, and the following provisions shall apply:
(I) A retailer within the program area that sells a new wood stove or insert, or
a gas or electric fireplace that uses a gas or electric device, between January 1, 1997, and June 30, 1997, shall submit a final semi-annual report to the department of revenue no later than July 20, 1997, together with:
(A) Signed conversion forms indicating whether such purchases were made
in connection with a conversion to a cleaner burning device; and
(B) A remittance of the wood smoke reduction fees collected during such
period.
(II) A retailer who does not have fees to remit pursuant to sub-subparagraph
(B) of subparagraph (I) of this paragraph (d) need not file a final semi-annual report.
(III) Moneys held by the state treasurer in the wood smoke reduction fund on
July 1, 1997, and any moneys credited to the fund on or after such date shall be transferred to the general fund.
(4) Commission - rule-making. The commission may promulgate rules
necessary for the effectuation of this section.
(5) Repealed.
Source: L. 92: Entire section added, p. 1320, � 1, effective May 27. L. 94: (3)(b)
and (5) amended, p. 2786, � 507, effective July 1. L. 97: (3) amended, p. 1609, � 1, effective June 4. L. 2008: (5) repealed, p. 1907, � 102, effective August 5.
Cross references: For the legislative declaration contained in the 1994 act
amending subsections (3)(b) and (5), see section 1 of chapter 345, Session Laws of Colorado 1994.
PART 5
ASBESTOS CONTROL
Editor's note: This part 5 was added in 1985 and was not amended prior to
-
The substantive provisions of this part 5 were repealed and reenacted in 1987, resulting in the addition, relocation, and elimination of sections as well as subject matter. For the text of this part 5 prior to 1987, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.
Law reviews: For article, Recovering Asbestos Abatement Costs in Tort Actions, see 19 Colo. Law. 659 (1990).
C.R.S. § 25-7-501
25-7-501. Legislative declaration. (1) The general assembly hereby declares that it is in the interest of the general public to control the exposure of the general public to friable asbestos. It is the intent of the general assembly to ensure the health, safety, and welfare of the public by regulating the practice of asbestos abatement in locations to which the general public has access for the purpose of ensuring that such abatement is performed in a manner that will minimize the risk of release of asbestos. However, it is not the intent of the general assembly to regulate occupational health practices that are regulated pursuant to federal laws. It is the intent of the general assembly that the commission may adopt regulations to permit the enforcement of the national emission standards for hazardous air pollutants as set forth in 42 U.S.C. sec. 7412.
(2) Therefore, the general assembly determines and declares that the
enactment of this part 5 is a matter of statewide concern to achieve statewide uniformity in the regulation of such asbestos abatement practices and uniformity in the qualifications for and certification of persons who perform such abatement.
Source: L. 87: Entire part R&RE, p. 1145, � 1, effective July 1. L. 88: (1)
amended, p. 1016, � 1, effective June 11; (1) amended, p. 1440, � 47, effective June 11. L. 94: (1) amended, p. 2786, � 508, effective July 1. L. 2022: (1) amended, (HB 22-1232), ch. 362, p. 2592, � 3, effective August 10.
Editor's note: This section is similar to former � 25-7-501 as it existed prior to
1987.
Cross references: For the legislative declaration contained in the 1994 act
amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
C.R.S. § 25-7-502
25-7-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) (a) Area of public access means any building, facility, or property, or a
portion thereof, that any member of the general public can enter or can be exposed to asbestos from the area. Area of public access includes a single-family residential dwelling and any facility that charges the general public a fee for admission, such as any theater or arena.
(b) Repealed.
(c) Notwithstanding the provisions of subsection (1)(a) of this section, a
single family residential dwelling shall not be considered an area of public access for purposes of conducting asbestos abatement if the homeowner who resides in the single family dwelling that is the homeowner's primary residence requests, on a form provided by the division, that the single family dwelling not be considered an area of public access.
(2) Asbestos means asbestiform varieties of chrysotile, amosite,
crocidolite, anthophyllite, tremolite, and actinolite.
(3) Asbestos abatement means any of the following:
(a) The wrecking or removal of structural members that contain friable
asbestos-containing material;
(b) The following practices intended to prevent the escape of asbestos fibers
into the atmosphere:
(I) Coating, binding, or resurfacing of walls, ceilings, pipes, or other
structures for the purpose of minimizing friable asbestos-containing material from becoming airborne;
(II) Enclosing friable asbestos-containing material to make it inaccessible;
(III) Removal of friable asbestos-containing material from any pipe, duct,
boiler, tank, reactor, furnace, or other structural member;
(IV) Conducting a major spill response.
(4) Commission means the air quality control commission created by
section 25-7-104.
(5) Division means the division of administration in the department of
public health and environment.
(5.5) Facility means any institutional, commercial, public, industrial, school,
or residential structure; any installation; any building, including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative; any ship; any railcar; and any active or inactive waste disposal site.
(6) Friable asbestos-containing material means any material that contains
asbestos and when dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area, or volume. The term includes nonfriable forms of asbestos after such previously nonfriable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure.
(7) Person means any individual, any public or private corporation,
partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity which is recognized by law as the subject of rights and duties.
(7.5) Project manager means a person who has satisfied the experience
and academic training requirements set forth by the commission.
(8) (a) School means any institution that provides elementary or secondary
education.
(b) and (c) Repealed.
(9) State-owned or state-leased buildings means structures occupied by
any person which are either owned by the state or utilized by the state through leases of one year's duration or longer.
(10) Structural member means any beam, ceiling, floor, or wall.
(11) Trained supervisor means an individual certified by the division to
supervise asbestos abatement pursuant to section 25-7-506.
Source: L. 87: Entire part R&RE, p. 1145, � 1, effective July 1. L. 88: (1)
amended, p. 1016, � 2, effective June 11. L. 89: (8) amended, p. 1169, � 2, effective May 9. L. 94: (5), (8)(b), and (8)(c) amended, pp. 2787, 2702, �� 509, 258, effective July 1. L. 95: (7.5) added, p. 20, � 1, effective July 1. L. 2001: (1) and (6) amended, p. 772, � 4, effective June 1. L. 2005: (8)(c) repealed, p. 283, � 23, effective August 8. L. 2006: (1)(b) and (8)(b) repealed, p. 125, � 10, effective March 27. L. 2022: (1)(a) and (1)(c) amended and (3)(b)(IV) and (5.5) added, (HB 22-1232), ch. 362, p. 2592, � 4, effective August 10.
Editor's note: This section is similar to former � 25-7-502 as it existed prior
to 1987.
Cross references: For the legislative declaration contained in the 1994 act
amending subsections (5), (8)(b), and (8)(c), see section 1 of chapter 345, Session Laws of Colorado 1994.
C.R.S. § 25-7-503
25-7-503. Powers and duties of commission - rules - delegation of authority to division. (1) The commission has the following powers and duties:
(a) To promulgate rules pursuant to section 24-4-103 regarding the
following, as are necessary to implement the provisions of this part 5:
(I) Performance standards and practices for asbestos abatement;
(II) (A) Determination of a maximum allowable asbestos level, which shall be
the highest level of airborne asbestos under normal conditions that allows for protection of the general public; except that, until the commission adopts by rule a level, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average, in accord with 29 CFR 1910.1000 (d)(1)(i).
(B) If airborne asbestos fiber levels exceed such a level, a second test of
samples may be collected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis, and calculated as an eight-hour time-weighted average in accord with 29 CFR 1910.1000 (d)(1)(i), before any order of abatement is issued.
(C) Notwithstanding the provisions of sub-subparagraph (A) of this
subparagraph (II), if the asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 0.01 fibers per cubic centimeter of air, the existing asbestos level in such air shall be the maximum allowable asbestos level.
(III) Exemptions in emergency situations from the requirements of section
25-7-505 regarding the certificate to perform asbestos abatement;
(IV) Requirements for air pollution permits. Permits shall be required for
asbestos abatement projects in any building, facility, or property, or any portion thereof, having public access; except that the requirements of this subsection (1)(a)(IV) shall not apply to asbestos abatement projects performed by an individual on a single-family residential dwelling that is the individual's primary residence.
(V) Fees for air pollution permits, site inspections, and any necessary
monitoring for compliance with this part 5;
(VI) Fees for certification as: A trained supervisor, worker, project designer,
inspector, management planner, and air monitoring specialist; and a general abatement contractor;
(VII) and (VIII) Repealed.
(IX) Assessment procedures that determine the need for response actions
for friable asbestos-containing materials. Such procedures shall include, but not be limited to, an initial inspection to determine if asbestos-containing materials are present, visual inspection, and air monitoring that shows an airborne concentration of asbestos during normal occupancy conditions in excess of the maximum allowable level established by the commission in state-owned or state-leased buildings. Nothing in this subsection (1)(a)(IX) shall be construed to require that such assessments be made in state-owned or state-leased buildings; however, such procedures shall be followed in the event any such assessment is made.
(X) Requirements for asbestos management plans to be submitted and
implemented by schools;
(XI) Fees to be collected from schools for review and evaluation of asbestos
management plans;
(b) To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the
following, as are necessary to implement the provisions of this part 5, as required by the federal Clean Air Act, 42 U.S.C. sec. 7412 et seq., as amended:
(I) Determination of the minimum scope of asbestos abatement to which the
provisions of this part 5 shall apply, but not less than:
(A) With regard to asbestos abatement projects on a single-family
residential dwelling, fifty linear feet on pipes or thirty-two square feet on other materials or the equivalent of a fifty-five-gallon drum;
(B) With regard to asbestos abatement projects not subject to sub-subparagraph (A) of this subparagraph (I), two hundred sixty linear feet on pipes or
one hundred sixty square feet on other materials or the equivalent of a fifty-five-gallon drum;
(II) Requirements of notification, as consistent with the federal act, to
demolish, renovate, or perform asbestos abatement in any building, facility, or property, or any portion thereof, that contains asbestos, except within such minimum scope of asbestos abatement or when otherwise exempt;
(III) (A) Procedures for the inspection and monitoring of sites where
demolition, renovation, or the performance of asbestos abatement is taking place, including rules assuring that aggressive air monitoring shall be utilized only in the context of conducting final clearance of an abatement project as outlined in the federal Asbestos Hazardous Emergency Response Act of 1986, 42 U.S.C. sec. 2641 et seq., and pursuant to the regulations found at 40 CFR 763. Specifications as listed in measuring airborne asbestos following an abatement action, published by the environmental protection agency in 1985, shall be adopted by the commission as criteria for aggressive sampling.
(B) The division shall provide information to local governments to be used in
connection with the issuance of a building permit regarding the need for an inspection for the presence of asbestos-containing materials prior to renovation or demolition of any building, facility, or property that may contain asbestos.
(IV) (A) Fees for notifications to demolish, renovate, or perform asbestos
abatement and for any associated site inspections or necessary monitoring for compliance with this part 5.
(B) Fees pursuant to this subparagraph (IV) shall be paid on an annual basis
for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities.
(V) Requirements to prevent any real or potential conflict of interest
between the identification of asbestos-containing materials and the abatement of such materials, including requirements that project managers be used on projects of a certain size, that project managers be independent of the abatement contractor and work strictly on behalf of the building owner to the extent feasible, and that building owners may seek waivers from the project manager requirements.
(c) To approve the examination administered to applicants for certification
as a trained supervisor pursuant to section 25-7-506;
(d) To authorize the division to:
(I) Establish procedures regarding applications, examinations, and
certifications required under this part 5;
(II) Enforce compliance with the provisions of this part 5, the rules and
regulations promulgated thereunder, and any order issued pursuant thereto.
(e) To promulgate rules setting minimum standards for sampling the
asbestos in the air and standards for persons engaging in such sampling and to seek injunctive relief under section 25-7-511.5, including relief against any asbestos air sampler who acts beyond his or her level of competency. In promulgating rules setting such standards, the commission shall not use the term air sampling professional in such standards.
(f) (I) To adopt rules pursuant to section 24-4-103, C.R.S., setting out
required training for persons applying for certification, recertification, or renewal of certificates as required by regulations promulgated by the federal environmental protection agency or the occupational safety and health administration.
(II) Training required pursuant to this paragraph (f) shall not be unduly
duplicative or excessive.
(III) Refresher courses shall be required annually.
(2) Repealed.
Source: L. 87: Entire part R&RE, p. 1147, � 1, effective July 1. L. 88: (1)(a)(II)
and (1)(b)(III) amended, (1)(a)(IX) R&RE, and (2) added, p. 1017, �� 4, 3, effective June 11. L. 90: (1)(e) added, p. 1320, � 2, effective May 24. L. 92: (1)(b)(I) amended, p. 1231, � 35, effective July 1. L. 95: (1)(b) amended and (1)(f) added, p. 20, � 2, effective July 1. L. 2001: (1)(a)(IV), (1)(b)(I), and (1)(b)(III) amended, p. 772, � 5, effective June 1. L. 2006: IP(1)(a), (1)(a)(II)(A), (1)(a)(II)(B), IP(1)(b), (1)(b)(V), and (1)(e) amended, p. 123, � 6, effective March 27. L. 2020: (1)(a)(I) amended, (HB 20-1402), ch. 216, p. 1055, � 58, effective June 30. L. 2022: IP(1)(a), (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX), (1)(b)(II), and (1)(b)(III)(B) amended and (1)(a)(VII), (1)(a)(VIII), and (2) repealed, (HB 22-1232), ch. 362, p. 2593, � 5, effective August 10.
Editor's note: This section is similar to former � 25-7-504 as it existed prior
to 1987.
C.R.S. § 25-7-504
25-7-504. Asbestos abatement project requirements - certificate to perform asbestos abatement - certified trained persons. (1) (a) (Deleted by amendment, L. 2022.)
(b) Any person other than the general abatement contractor who inspects
any building, facility, or property for the presence of asbestos, prepares management plans for public and commercial buildings, designs abatement actions in any building, facility, or property, or conducts abatement actions in any building, facility, or property shall obtain certification pursuant to section 25-7-507.
(2) (a) A general abatement contractor who conducts asbestos abatement in
any building, facility, or property shall obtain a certificate to perform asbestos abatement pursuant to section 25-7-505 unless such abatement project is exempt from the requirement for certification pursuant to rules promulgated by the commission.
(b) Unless otherwise exempt, asbestos abatement shall be performed under
the supervision of an individual certified by the division as a trained supervisor pursuant to section 25-7-506, who shall be at the project site at all times that work is in progress.
(3) The requirements of this section shall apply to asbestos abatement on a
single-family residential dwelling; except that the requirements of this section shall not apply to any individual who performs asbestos abatement on a single-family residential dwelling that is the individual's primary residence.
Source: L. 87: Entire part R&RE, p. 1148, � 1, effective July 1. L. 92: (1)
amended, p. 1231, � 36, effective July 1. L. 2001: (3) amended, p. 773, � 6, effective June 1. L. 2022: (1) and (2)(a) amended, (HB 22-1232), ch. 362, p. 2594, � 6, effective August 10.
C.R.S. § 25-7-505
25-7-505. Certificate to perform asbestos abatement - application - approval by division - suspension or revocation of certificate. (1) Any person may apply to the division for a certificate to perform asbestos abatement by submitting an application in the form specified by the division and by paying a fee set by the commission. Such application shall include, but shall not be limited to:
(a) A description of the applicant's employee training program for asbestos
abatement;
(b) A statement identifying all individuals employed by the applicant who are
certified as trained supervisors pursuant to section 25-7-506.
(2) No applicant shall be certified to perform asbestos abatement unless the
applicant, or at least one of the applicant's employees, is certified as a trained supervisor pursuant to section 25-7-506.
(3) Within fifteen days after receiving an application pursuant to this section,
the division shall acknowledge its receipt and notify the applicant as to whether the application is complete. Within thirty days after receiving a completed application, the division shall issue a certificate to the applicant if the division finds that, in addition to all other requirements, the employee training program for asbestos abatement described in the application is acceptable. A certificate issued by the division pursuant to this section shall be valid for three years from the date of issuance.
(4) A certificate issued pursuant to this section may be suspended or
revoked for the failure to implement the employee training program for asbestos abatement described in the application submitted pursuant to this section.
Source: L. 87: Entire part R&RE, p. 1148, � 1, effective July 1.
C.R.S. § 25-7-505.5
25-7-505.5. Testing for certification under part 5. (1) The division shall develop or purchase the examinations administered pursuant to this part 5 for certification under sections 25-7-506, 25-7-506.5, and 25-7-507 and shall set the passing scores on all such examinations based on a minimum level of competency in the procedures to be followed in asbestos abatement. The division shall administer such examinations at least twice each year or more frequently if demand so warrants and shall administer such examinations at various locations in the state if demand so warrants. The purpose of the examinations required pursuant to this section is to ensure minimum competency in asbestos abatement procedures. If a person fails to achieve a passing score on any such examination, retesting of such person shall be with a different examination and after such person has completed remedial training as determined to be satisfactory to the division for minimum competency in asbestos abatement procedures. Prior to such reexamination, an applicant shall file a new application and pay a fee set by the division. Such fee shall be no greater than the amount paid for the original examination.
(2) Notwithstanding the provisions of sections 25-7-506, 25-7-506.5, and
25-7-507, the division may certify an individual under this part 5 by endorsement if such individual possesses in good standing a valid license, certificate, or other registration from any other state or territory of the United States or from the District of Columbia, if the applicant presents proof satisfactory to the division that at the time of application for a Colorado certificate by endorsement the applicant possesses qualifications substantially equivalent to those of this part 5 as determined by the division.
Source: L. 90: Entire section added, p. 1320, � 3, effective May 24. L. 2006:
Entire section amended, p. 123, � 4, effective March 27.
C.R.S. § 25-7-506
25-7-506. Certificate of trained supervisors - application - approval by division - rules - responsibilities of trained supervisors - renewal of certificate. (1) Any individual may apply to the division to be certified as a trained supervisor by submitting an application in the form specified by the division and paying a fee set by the commission. Within fifteen days after receiving an application, the division shall notify the applicant as to whether the application is complete.
(2) Within thirty days after receiving a completed application and the results
of the examination administered pursuant to paragraph (b) of this subsection (2), the division shall issue a certification valid for a period not to exceed five years as established by the commission by rule from the date of issuance upon a finding:
(a) That the applicant has, within twelve months prior to the date of the
application, completed a training course on safe asbestos abatement procedures which has been approved by the division; and
(b) That the applicant has passed an examination administered by the
division pursuant to section 25-7-505.5 on the procedures to be followed in asbestos abatement.
(3) An individual acting as a trained supervisor pursuant to this section shall
be responsible for supervising a specific asbestos abatement project in such a manner as to assure that asbestos abatement is performed in compliance with the provisions of this part 5 and the rules and regulations promulgated thereunder.
(4) (Deleted by amendment, L. 92, p. 1232, � 37, effective July 1, 1992.)
(5) (Deleted by amendment, L. 95, p. 22, � 3, effective July 1, 1995.)
Source: L. 87: Entire R&RE, p. 1149, � 1, effective July 1. L. 90: (2)(b) amended
and (5) added, p. 1321, � 4, effective May 24. L. 92: (2) and (4) amended, p. 1232, � 37, effective July 1. L. 95: IP(2) and (5) amended, p. 22, � 3, effective July 1. L. 2006: IP(2) amended, p. 125, � 8, effective March 27.
C.R.S. § 25-7-506.5
25-7-506.5. Certification of air monitoring specialist - rules. (1) No person may perform air monitoring or air monitoring specialist activities for asbestos, as set forth in rules promulgated by the commission, including visual clearance inspections of an asbestos abatement project, without first obtaining a certificate pursuant to this section.
(2) Any individual may apply to the division to be certified as an air
monitoring specialist by submitting an application in the form specified by the division and paying a fee set by the commission. Within fifteen days after receiving an application, the division shall notify the applicant as to whether the application is complete.
(3) Within thirty days after receiving a completed application, the division
shall issue a certification valid for a period not to exceed five years as established by the commission by rule from the date of issuance upon a finding that the applicant has successfully met the experience, education, examination, and training requirements and has paid a fee, as set forth in rules promulgated by the commission.
Source: L. 2001: Entire section added, p. 773, � 7, effective June 1. L. 2006:
(3) amended, p. 123, � 5, effective March 27.
C.R.S. § 25-7-507
25-7-507. Certification required under federal law for asbestos projects in facilities. Pursuant to the federal Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519, codified at 15 U.S.C. sec. 2641 et seq., as amended, and the federal Asbestos School Hazard Abatement Reauthorization Act of 1990, Public Law 101-637, as amended, the division shall certify, in the manner required under the federal law, all persons engaged in the inspection of any building, facility, or property, the preparation of management plans for any building, facility, or property, the design of abatement actions in any building, facility, or property, or the conduct of abatement actions in any building, facility, or property.
Source: L. 87: Entire part R&RE, p. 1149, � 1, effective July 1. L. 92: Entire
section amended, p. 1232, � 38, effective July 1. L. 2022: Entire section amended, (HB 22-1232), ch. 362, p. 2594, � 7, effective August 10.
C.R.S. § 25-7-507.5
25-7-507.5. Renewal of certificates - rules - recertification. (1) Any certificate issued pursuant to this part 5 that has lapsed shall be deemed to have expired.
(2) (a) A certificate issued pursuant to this part 5 may be renewed prior to
expiration upon payment of a renewal fee set by the commission.
(b) Renewal of a certificate may be made for a period not to exceed five
years as established in rules promulgated by the commission.
(3) An individual may reinstate an expired certificate within one year after
such expiration upon payment of a reinstatement fee in an amount set by the commission.
(4) An individual whose certificate has lapsed for a period longer than one
year after expiration shall apply to the division for certification as required by this part 5 and shall not be recertified until the division determines that such individual has fully complied with the requirements of this part 5 and any rules promulgated pursuant thereto.
(5) (a) Any individual whose certificate has lapsed because such individual
has not completed the refresher course required pursuant to section 25-7-503 (1)(f) may complete such refresher course within one year after the date the certificate lapses.
(b) Completion of the refresher course shall be a requirement for
recertification.
(c) (I) The commission shall promulgate rules governing refresher training
programs for persons who conduct asbestos abatement activities. Such programs shall not exceed the requirements of refresher training mandated under the federal Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519, codified at 15 U.S.C. sec. 2641 et seq., as amended, and any rules promulgated pursuant to such federal law.
(II) In adopting rules the commission shall ensure that refresher training
requirements are related to ensuring continuing competency in asbestos abatement procedures.
(III) The division shall implement a system of testing to measure the
knowledge obtained by certified persons attending the refresher training programs. Such testing shall not exceed the requirements of refresher training mandated pursuant to federal law.
Source: L. 95: Entire section added, p. 22, � 4, effective July 1. L. 2006: (2)(b)
amended, p. 125, � 9, effective March 27. L. 2022: (5)(c)(I) amended, (HB 22-1232), ch. 362, p. 2595, � 8, effective August 10.
C.R.S. § 25-7-508
25-7-508. Grounds for disciplinary action - letters of admonition - denial of certification - suspension, revocation, or refusal to renew - requirement for corrective education - administrative fines. (1) When an application for certification pursuant to section 25-7-505, 25-7-506, 25-7-506.5, 25-7-507, or 25-7-507.5 is denied by the division, the applicant may contest the decision of the division by requesting a hearing before the office of administrative courts. A request for a hearing must be made within thirty calendar days after the division has issued a denial of the application in writing to the applicant. The hearing shall be held pursuant to section 25-7-119.
(2) (a) The division may take disciplinary action in the form of the issuance of
a letter of admonition or, in conformity with the provisions of article 4 of title 24, C.R.S., the suspension, revocation, or refusal to renew certification pursuant to section 25-7-505, 25-7-506, 25-7-506.5, 25-7-507, or 25-7-507.5, should the division find that a person certified under this part 5:
(I) Has violated or has aided and abetted in the violation of any provision of
this part 5 or any rule or regulation or order of the division or commission promulgated or issued under this part 5;
(II) (A) Has been subject to a disciplinary action relating to a certification or
other form of registration or license to practice asbestos abatement under this part 5 or any related occupation in any other state, territory, or country for disciplinary reasons, which action shall be deemed to be prima facie evidence of grounds for disciplinary action, including denial of certification by the division.
(B) This subparagraph (II) shall apply only to disciplinary actions based upon
acts or omissions in such other state, territory, or country substantially similar to those set out as grounds for disciplinary action pursuant to this part 5.
(C) A plea of nolo contendere or its equivalent to a charge of violating a law
or regulation governing the practice of asbestos removal in another state, territory, or country that is accepted by the disciplining body of such other state, territory, or country may be considered to be the same as a finding of guilt for purposes of a hearing conducted by the division pursuant to this subsection (2).
(III) Has been convicted of a felony or has had accepted by a court a plea of
guilty or nolo contendere to a felony if the felony is related to the ability to engage in activities regulated pursuant to this part 5. A certified copy of the judgment of a court of competent jurisdiction of such conviction or plea shall be conclusive evidence of such conviction or plea. In considering the disciplinary action, the division shall be governed by the provisions of section 24-5-101, C.R.S.
(IV) Has failed to report to the division a disciplinary action specified in
subparagraph (II) of this paragraph (a) or a felony conviction for an act specified in subparagraph (III) of this paragraph (a);
(V) Has failed to meet any permit and notification requirement or failed to
correct any violations cited by the division during any inspection within a reasonable period of time;
(VI) Has used misrepresentation or fraud in obtaining or attempting to obtain
a certificate under this part 5;
(VII) Has failed to adequately supervise an asbestos abatement project as a
certified trained supervisor;
(VIII) Has committed any act or omission which does not meet generally
accepted standards of the practice of asbestos abatement;
(IX) Has engaged in any false or misleading advertising.
(b) When a complaint or an investigation discloses an instance of misconduct
which, in the opinion of the division, does not warrant suspension or revocation by the division but which should not be dismissed as being without merit, a letter of admonition may be sent by certified mail to the certified person against whom a complaint was made and a copy thereof to the person making the complaint, but, when a letter of admonition is sent by certified mail by the division to a certified person complained against, such certified person shall be advised that such person has the right to request in writing, within twenty days after proven receipt of the letter, that formal disciplinary proceedings be initiated against such person to adjudicate the propriety of the conduct upon which the letter of admonition is based. If such request is timely made, the letter of admonition shall be deemed vacated, and the matter shall be processed by means of formal disciplinary proceedings.
(3) A person aggrieved by an action taken by the division pursuant to
subsection (2) of this section may contest the action by requesting a hearing before the office of administrative courts within thirty days after the applicant is notified in writing of the division's action. The hearing shall be held pursuant to section 25-7-119. Any person aggrieved by an action taken by the office of administrative courts pursuant to subsection (2) of this section may appeal the action to the court of appeals in accordance with section 24-4-106 (11), C.R.S.
(4) In addition to or in lieu of the forms of disciplinary action authorized in
subsection (2) of this section, the division, in its discretion, may require corrective education in the area of asbestos abatement as a disciplinary action against a certified person when the situation so warrants, such corrective education to be directed toward weak or problematic areas of a certified person's practice.
(5) Any certified person who violates any provision of this section, in addition
to any other enforcement action available under this article, may be disciplined upon a finding of misconduct by the division as follows:
(a) In any first administrative proceeding against a certified person, a fine of
not less than one hundred dollars nor more than one thousand dollars;
(b) In a second or subsequent administrative proceeding against a certified
person for transactions occurring after a final agency action determining that a violation of this part 5 has occurred, a fine of not less than one thousand dollars nor more than ten thousand dollars.
(6) If a certification is revoked by the division, the person against whom such
action was taken shall not apply for recertification for a period of one year after such revocation and shall be required to demonstrate compliance with any disciplinary action imposed by the division and to demonstrate competency in asbestos abatement procedures prior to receiving a new certificate.
Source: L. 87: Entire part R&RE, p. 1149, � 1, effective July 1. L. 90: (2) R&RE,
(3) amended, and (4) to (6) added, pp. 1321, 1323, �� 5, 6, effective May 24. L. 92: (1), (3), and (5) amended, p. 1232, � 39, effective July 1. L. 95: (2)(a)(II), (2)(b), and (6) amended, p. 23, � 5, effective July 1. L. 2001: IP(2)(a) amended, p. 774, � 8, effective June 1. L. 2005: (1) and (3) amended, p. 858, � 23, effective June 1. L. 2006: (1) and IP(2)(a) amended, p. 124, � 7, effective March 27.
C.R.S. § 25-7-509
25-7-509. Prohibition against local certification regarding asbestos abatement. Inasmuch as uniformity in the regulation of asbestos abatement practices and uniformity in the qualifications and certification of persons performing asbestos abatement is a matter of statewide concern, no certification or licensing of asbestos abatement projects nor any examination or certification of persons certified under this part 5 shall be required by any city, town, county, or city and county; however, any such local governmental authority may impose reasonable registration requirements on any person performing asbestos abatement as a condition of performing such activity within the jurisdiction of such authority. Registration fees charged by any such local governmental authority to any such person shall not exceed those costs associated with such registration requirements and functions.
Source: L. 87: Entire part R&RE, p. 1150, � 1, effective July 1.
C.R.S. § 25-7-509.5
25-7-509.5. Building permits. (1) Except as otherwise provided in subsection (2) of this section, a local government entity with authority to issue building permits shall require a property owner applying for either a permit to renovate property or a permit to demolish property to disclose, on the permit application form, whether the property owner knows if the property has been inspected for asbestos.
(2) (a) A local government entity with authority to issue building permits
need not update its application forms to include the disclosure required by subsection (1) of this section until the entity otherwise creates and disseminates updated application forms pursuant to its standard practice. The local government entity need not require a property owner applying for a permit to renovate or demolish property to make the disclosure required by subsection (1) of this section until it has updated its application forms.
(b) When updating the application form for a permit to renovate property or a
permit to demolish property, the local government entity shall include on the application form substantially the following information:
AN ASBESTOS INSPECTION WAS CONDUCTED ON THE BUILDING
MATERIALS THAT WILL BE DISTURBED BY THIS PROJECT ON OR ABOUT:
(DATE)
IT WAS DETERMINED THAT AN ASBESTOS INSPECTION IS NOT
REQUIRED UNDER STATE LAW.
IF YOU HAVE QUESTIONS REGARDING WHETHER AN ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW FOR YOUR PERMITTED PROJECT, PLEASE CONTACT THE INDOOR ENVIRONMENT PROGRAM WITHIN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR ADDITIONAL DETAILS BEFORE BEGINNING ANY DEMOLITION OR RENOVATION.
Source: L. 2013: Entire section added, (SB 13-152), ch. 85, p. 272, � 3,
effective March 29. L. 2022: (2)(b) amended, (HB 22-1232), ch. 362, p. 2595, � 9, effective August 10.
C.R.S. § 25-7-511
25-7-511. Enforcement - repeal. (1) Whenever the division has reason to believe that any person has violated any of the provisions of this part 5 or the rules and regulations promulgated thereunder, the division may issue a notice of violation and cease-and-desist order. The notice of violation shall set forth the provision, rule, or regulation alleged to have been violated and the facts constituting such violation. The cease-and-desist order shall set forth the measures which the person shall take to eliminate the violation and the time within which these measures shall be performed. The order may require that the person stop work at the asbestos abatement project until the violation has been eliminated or may require a school to submit and implement an asbestos management plan by a date specified by the division.
(2) If the recipient of a cease-and-desist order issued pursuant to subsection
(1) of this section fails to comply with the terms of the order within the time specified, the division may file an action in the district court of the county where the violation is alleged to have occurred requesting that the court order the person to comply with the cease-and-desist order. When the division alleges that the violation poses a significant danger to the health of any person, the court shall grant such action priority.
(3) Unless the division has filed an action in the district court pursuant to
subsection (2) of this section, a recipient of a cease-and-desist order may request a hearing before the commission to contest the cease-and-desist order. Such request shall be filed within thirty days after the cease-and-desist order has been issued. A hearing on the cease-and-desist order shall be held pursuant to section 25-7-119.
(4) Upon a finding by the division that a person is in violation of any of the
provisions of this part 5 or the rules and regulations promulgated thereunder, the division may assess a penalty of up to twenty-five thousand dollars per day of violation or such lesser amount as may be required by applicable federal law or regulation. In determining the amount of the penalty to be assessed, the division shall consider the seriousness of the danger to the public's health caused by the violation, whether or not the violation was willful, the duration of the violation, and the record of the person committing such violation.
(5) A person subject to a penalty assessed pursuant to subsection (4) of this
section may appeal the penalty to the commission by requesting a hearing before the commission. Such request shall be filed within thirty days after the penalty assessment is issued. A hearing pursuant to this subsection (5) shall be conducted pursuant to section 25-7-119.
(6) (a) Except as described in subsection (6)(b) of this section, all penalties
collected pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the general fund.
(b) (I) On and after July 1, 2025, all receipts from penalties collected under
this section shall be credited to the rural housing and development asbestos and lead paint abatement fund created in section 25-16-312; except that, for the 2025-26 state fiscal year and the 2026-27 state fiscal year, the credits described in this subsection (6)(b) continue only until such time as the total amount of penalties and fines collected pursuant to this section and sections 25-15-309 and 25-15-310 and credited to the rural housing and development asbestos and lead paint abatement fund equals two hundred thousand dollars.
(II) This subsection (6)(b) is repealed, effective June 30, 2027.
Source: L. 87: Entire part R&RE, p. 1150, � 1, effective July 1. L. 2024: (6)
amended, (HB 24-1457), ch. 356, p. 2433, � 2, effective August 7.
C.R.S. § 25-7-511.5
25-7-511.5. Injunctive proceedings. (1) The division may, in the name of the people of the state of Colorado, through the attorney general of the state of Colorado, apply for an injunction in any court of competent jurisdiction:
(a) To enjoin any person from committing any act prohibited by the provisions
of this part 5;
(b) To enjoin a certified person from practicing the profession for which he is
certified under this part 5.
(2) If it is established that the defendant has been or is committing any act
prohibited by this part 5, the court shall enter a decree perpetually enjoining said defendant from further committing said act or from practicing asbestos abatement.
(3) Such injunctive proceedings shall be in addition to and not in lieu of all
penalties and other remedies provided in this part 5.
(4) When seeking an injunction under this section, the division shall not be
required to allege or prove either that an adequate remedy at law does not exist or that substantial or irreparable damage would result from a continued violation.
Source: L. 90: Entire section added, p. 1323, � 7, effective May 24.
C.R.S. § 25-7-511.6
25-7-511.6. Refresher training - authorization. The commission shall promulgate rules governing refresher training programs for persons who conduct asbestos abatement activities. Such programs shall not exceed the requirements of refresher training mandated under the federal Asbestos Hazard Emergency Response Act of 1986, Pub.L. 99-519, codified at 15 U.S.C. sec. 2641 et seq., as amended, and any rules promulgated under such federal law. In adopting such rules, the commission shall ensure that refresher training requirements are related to ensuring continuing competency in asbestos abatement procedures. The division shall implement a system of testing to measure the knowledge obtained by certified persons attending such programs.
Source: L. 90: Entire section added, p. 1323, � 7, effective May 24. L. 2022:
Entire section amended, (HB 22-1232), ch. 362, p. 2595, � 10, effective August 10.
C.R.S. § 29-27-502
29-27-502. Broadband internet service providers' access to a multiunit building. (1) Subject to a property owner's rights to manage access to its property pursuant to subsection (4) of this section, a provider may access and install any necessary broadband facilities to provide high-speed broadband internet service to a multiunit building if:
(a) (I) The provider provides sixty-day prior written notice of intent to access
the property to install the necessary broadband facility to provide broadband internet service to the property owner in accordance with subsection (2) of this section. An owner's failure to respond to the notice within sixty days is deemed to be authorization for access after a minimum of two attempts to notify the owner have been made.
(II) If a property owner is nonresponsive or refuses to engage with the
provider in regard to the aesthetics of the property, the provider shall install broadband facilities in accordance with how the broadband internet service provider has reasonably assessed as meeting the aesthetics of the property.
(b) The provider provides to the property owner an access agreement that:
(I) Complies with all federal laws and regulations, state laws and rules, and
local ordinances, resolutions, and regulations, including any declaratory ruling from the federal communications commission barring exclusive revenue sharing agreements and graduated revenue sharing agreements and any sale and leaseback agreements under which a provider transfers ownership of any inside wire arrangements to the owner of a multidwelling residential building and then leases the wire back from the property owner;
(II) Grants the provider a non-exclusive license to construct, replace,
maintain, repair, operate, remove, and the obligation to install, at the provider's sole expense, all broadband facilities or other equipment necessary or required for distributing any broadband internet service and any accompanying service distributed over the high-speed broadband internet infrastructure only to the extent necessary to provide high-speed broadband internet service to the multiunit building. A property owner reserves sole control over all use and operating rights to any existing or planned wiring and infrastructure that the property owner owns. The provider shall not connect or use any conduit, wiring, or infrastructure owned by or in use by a third-party provider unless the provider is granted permission by the third-party provider that owns any such conduit, wiring, or infrastructure or granted permission to use any such conduit, wiring, or infrastructure by the property owner.
(III) Grants the provider access to the property during normal business hours
or at any time during an emergency to install or repair any broadband facility;
(IV) Requires the provider to obtain consent from any tenant of the multiunit
building or mobile home park prior to entering the tenant's premises and installing or repairing any necessary broadband facility;
(V) Grants the provider all ownership interest in any broadband facility
except where a facility may be deemed to be affixed to the real property and considered a fixture of the property in which the owner of the property retains ownership interest of the fixture;
(VI) Requires the provider to be responsible for maintaining the broadband
facilities in good order and promptly repairing any damage to the property caused by the provider;
(VII) Releases and indemnifies the property owner from any liability for any
damage or loss to the broadband facility, other facilities at the property, or any other property of the property owner except resulting from the owner's willful misconduct or gross negligence or in instances where any such indemnification is contrary to any other state law, any local ordinance, or any local regulations. Nothing in this subsection (1)(b)(VII) shall be construed as alleviating a provider from being liable to a property owner for any repair of damage or loss caused by the provider.
(VIII) Requires the broadband internet service provider to maintain insurance
that will insure its obligations under the access agreement, which coverages shall be in commercially reasonable amounts and shall include coverages for worker's compensation, property damage, and general liability;
(IX) Releases the provider and the property owner from any indirect,
incidental, punitive, or consequential damages of any failure to perform its obligation under the access agreement if the failure is caused by an act of God, accident, fire, act of government, or other cause of similar nature beyond the obligor's reasonable control;
(X) Stipulates that the broadband internet service provider is responsible for
removing the broadband facility and repairing all damage caused by such removal within ninety days of the expiration or termination of the access agreement, at the sole cost and expense of the provider. The broadband internet service provider must leave the broadband facility in place if the facility becomes the property of the multiunit building owner in accordance with laws regarding fixtures.
(XI) Warrants that the provider will not interfere with other services provided
to or used by the multiunit property or require the property owner to provide any services to the provider;
(XII) Includes a full description of the areas of the property where equipment
related to the broadband facility will be located that is reasonably limited to only those areas as necessary to provide high-speed broadband internet service to the multiunit building, is contained within existing utility easements whenever possible, and is subject to the property owner's right to determine the location of the equipment or any relocation of the equipment required by future development of the property;
(XIII) Requires the installation must be done in accordance with industry best
practices, including aesthetic best practices, and in incorporated areas, exterior infrastructure must be at or below grade;
(XIV) Requires the provider to assume all costs for damage related to
construction as a result of the unlocated private utilities on the property;
(XV) Requires the provider to avoid any deviation from the general aesthetics
of a building when installing any broadband facilities when it is practicable and does not cause any undue hardship on the broadband internet service provider;
(XVI) Has a fixed term and is not perpetual in nature;
(XVII) States that the terms, conditions, charges, and fees for broadband
internet services provided to tenants at a property shall be between the provider and individual tenants, that a property owner assumes no liability or responsibility for service charges contracted for by tenants, that all billing and collections from tenants will be accomplished by the provider, and that a property owner has no obligation to provide information regarding tenants or to collect any amounts on behalf of the provider; and
(XVIII) States that a tenant of an individually owned and an owner-occupied
unit in a multiunit residential building, including a condo owner, must obtain approval from the owner of that individually owned unit before a provider may install or provide service to that unit.
(2) The notice required by subsection (1)(a) of this section must be sent by
certified mail, return receipt requested, with a copy sent by email and must:
(a) Contain a statement that the provider:
(I) Is authorized to provide communication services in the property;
(II) Has received a valid request from a tenant in the property and that
identifies the unit occupied by such tenant. In instances where the request for service is made by a tenant in a condominium unit as defined in section 38-33-103, the tenant must provide evidence of prior written consent of the condominium owner in order for the request to be deemed valid.
(III) When installing, operating, maintaining, or removing equipment from the
property, will conform to such reasonable conditions as the property owner deems necessary to protect the safety, functioning, and appearance of the property and the convenience and well-being of all occupants;
(IV) Will pay the property owner just and reasonable compensation for its
use of the property; and
(V) Will indemnify, defend, and hold harmless the property owner for any
damage caused by the installation, operation, maintenance, or removal of its facilities from the property unless any such indemnification is contrary to any other state law, any local ordinance, or any local regulation;
(b) Include a full description of the areas of the property that will be
accessed, a detailed description of the provider's plans and specification for work to be performed and facilities or equipment to be installed, including any required utility connections and the electrical demand of the facilities and equipment to be installed, the type of broadband facility that will be necessary, the expected time frame needed for the deployment of infrastructure, including the date and times that the provider proposes to start and complete the installation; and
(c) Include an explanation of all the legal obligations and rights of the
provider and the owner of the multiunit building in accordance with subsection (1)(b) of this section, including that the property owner has certain limited rights to refuse access to the multiunit property.
(3) Nothing in this section should be construed to permit a provider to
identify and seek repair for any structural deficiencies not related to the direct need for installing the broadband facility or to install broadband facilities for purposes beyond providing service to the multiunit buildings.
(4) For purposes of this section and section 38-12-244, a property owner's
rights to manage access include the property owner's rights to:
(a) Impose conditions on the provider that are reasonably necessary to
protect the:
(I) Safety, security, appearance, and condition of the property; and
(II) Safety and convenience of other persons;
(b) Impose a reasonable limitation on the time at which the provider may
have access to the property for any reason; and
(c) Require the provider to pay compensation for such access that is
reasonable and nondiscriminatory among such telecommunications utilities.
(5) A property owner has the following permitted reasons to refuse access to
the multiunit building:
(a) The provider has failed or refused to comply with reasonable conditions
as set forth in subsection (4) of this section;
(b) The provider is not licensed and authorized;
(c) The provider cannot verify that one or more tenants have made a request
for service;
(d) The property owner can demonstrate that physical limitations at the
property prohibit the provider from installing the facilities and equipment in existing space;
(e) The installation would have significantly adverse effect on historical or
architecturally significant elements of the property;
(f) The installation would result in environmental harm, such as the
disturbance of asbestos or lead paint;
(g) The installation would have significant adverse effect on the ability of
existing providers to provide services to the multiunit building;
(h) The installation would cause undue damage to the multiunit building or
impair the use of the property for the continued provision of essential services to tenants; or
(i) The parties do not resolve a dispute concerning any just and reasonable
compensation to the property owner for allowing access and use of the property through mediation in accordance with section 13-22-305, or, if unable to reach an agreement through mediation, through any ensuing alternative dispute resolution or litigation in which each party is responsible for paying its own costs and expenses.
(6) A property owner shall not discriminate in rental charges or otherwise
against any tenant or lessee requesting or receiving broadband internet service under this section.
(7) If there is a dispute concerning the legal rights and obligations pursuant
to this article, a property owner and provider must attempt to resolve any dispute through the mediation process pursuant to section 13-22-305 before a lawsuit is commenced. If the parties do not attempt to resolve the dispute through mediation in accordance with section 13-22-305, the parties will each pay the cost associated with an alternative dispute resolution.
Source: L. 2024: Entire part added, (HB 24-1334), ch. 218, p. 1354, � 1,
effective August 7.
C.R.S. § 8-41-206
8-41-206. Disability beginning five years after injury. Any disability beginning more than five years after the date of injury shall be conclusively presumed not to be due to the injury, except in cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, or anthracosis.
Source: L. 90: Entire article R&RE, p. 479, � 1, effective July 1.
Editor's note: This section is similar to former � 8-52-106 as it existed prior to
1990.
C.R.S. § 8-41-207
8-41-207. Death after two years. In case death occurs more than two years after the date of receiving any injury, such death shall be prima facie presumed not to be due to such injury; such presumption shall not apply in cases of silicosis, asbestosis, anthracosis, or disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds. In all other cases, such presumption may be rebutted by competent evidence.
Source: L. 90: Entire article R&RE, p. 479, � 1, effective July 1.
Editor's note: This section is similar to former � 8-50-110 as it existed prior to
1990.
C.R.S. § 8-41-304
8-41-304. Last employer liable - exception. (1) Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and suffered a substantial permanent aggravation thereof and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier. In the case of silicosis, asbestosis, or anthracosis, the only employer and insurance carrier liable shall be the last employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO2) dust, asbestos dust, or coal dust on each of at least sixty days or more and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer.
(2) In any case where an employee of an employer becomes disabled from
silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or in the event death results from silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, and, if such employee has been injuriously exposed to such diseases while in the employ of another employer during the employee's lifetime, the last employer or that employer's insurance carrier, if any, shall be liable for compensation and medical benefits as provided by articles 40 to 47 of this title, including funeral expenses and death benefits.
Source: L. 90: Entire article R&RE, p. 480, � 1, effective July 1. L. 91: (1)
amended, p. 1295, � 8, effective July 1. L. 93: (2) amended, p. 2140, � 1, effective April 1, 1994.
Editor's note: This section is similar to former � 8-51-112 as it existed prior to
1990.
PART 4
CONTRACTORS AND LESSEES
C.R.S. § 8-43-103
8-43-103. Notice of injury - time limit. (1) Notice of an injury, for which compensation and benefits are payable, shall be given by the employer to the division and insurance carrier, unless the employer is self-insured, within ten days after the injury, and, in case of the death of any employee resulting from any such injury or any accident in which three or more employees are injured, the employer shall give immediate notice thereof to the director. If no such notice is given by the employer, as required by articles 40 to 47 of this title, such notice may be given by any person. Any notice required to be filed by an injured employee or, if deceased, by said employee's dependents may be made and filed by anyone on behalf of such claimant and shall be considered as done by such claimant if not specifically disclaimed or objected to by such claimant in writing filed with the division within a reasonable time. Such notice shall be in writing and upon forms prescribed by the division for that purpose and served upon the division by delivering to, or by mailing by registered mail two copies thereof addressed to, the division at its office in Denver, Colorado. Upon receipt of such notice from a claimant, the division shall immediately mail one copy thereof to said employer or said employer's agent or insurance carrier.
(2) The director and administrative law judges employed by the office of
administrative courts shall have jurisdiction at all times to hear and determine and make findings and awards on all cases of injury for which compensation or benefits are provided by articles 40 to 47 of this title. Except in cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, and anthracosis, the right to compensation and benefits provided by said articles shall be barred unless, within two years after the injury or after death resulting therefrom, a notice claiming compensation is filed with the division. This limitation shall not apply to any claimant to whom compensation has been paid or if it is established to the satisfaction of the director within three years after the injury or death that a reasonable excuse exists for the failure to file such notice claiming compensation and if the employer's rights have not been prejudiced thereby, and the furnishing of medical, surgical, or hospital treatment by the employer shall not be considered payment of compensation or benefits within the meaning of this section; but, in all cases in which the employer has been given notice of an injury and fails, neglects, or refuses to report said injury to the division as required by the provisions of said articles, this statute of limitations shall not begin to run against the claim of the injured employee or said employee's dependents in the event of death until the required report has been filed with the division.
(3) In cases of disability or death resulting from exposure to radioactive
materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, or anthracosis, the right to compensation and benefits shall be barred unless, within five years after the commencement of disability or death, a notice claiming compensation is filed with the division.
Source: L. 90: Entire article R&RE, p. 500, � 1, effective July 1. L. 92: (1)
amended, p. 1825, � 3, effective April 29. L. 94: (2) amended, p. 1873, � 1, effective June 1. L. 2005: (2) amended, p. 854, � 10, effective June 1.
Editor's note: This section is similar to former � 8-52-105 as it existed prior to
1990.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)