May 18, 2013

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Probate Omnibus Bill, Employee Privacy, HOA Bills Signed by Governor Hickenlooper

May 14, 2013 by Leave a Comment

Although the Colorado General Assembly adjourned sine die on May 8, 2013, bills continue to be signed into law by Governor Hickenlooper. To date, the governor has signed 231 bills. Some of the most recently signed bills are summarized below.

On Thursday, May 7, Governor Hickenlooper signed one bill — HB 13-1117 - Concerning Alignment of Child Development Programs, and, in Connection Therewith, Making and Reducing an Appropriation, by Rep. Millie Hamner and Sens. Mary Hodge and Andy Kerr. The bill consolidates several child development programs in the Department of Human Services and extends  the Early Childhood Leadership Council, which was set to sunset on July 1, 2013.

Governor Hickenlooper signed 18 bills into law on Friday, May 10, 2013. Six of them are summarized here.

On Saturday, May 11, 2013, the governor signed 19 bills into law. Five of them are summarized here.

Finally, on Monday, May 13, 2013, Governor Hickenlooper signed 11 bills into law. Four of them are summarized here.

For a complete list of Governor Hickenlooper’s 2013 legislative decisions, click here.

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Bills Regarding Job Protection, Authorization for Foreign Investments, Electric Vehicle Charging Stations, and More Signed by Governor Hickenlooper

May 7, 2013 by Leave a Comment

As the 2013 legislative session winds down, bills continue to reach Governor Hickenlooper’s desk for review and signature. Since January 31, 2013, the governor has signed 169 bills.

Governor Hickenlooper signed the “Job Protection and Civil Rights Enforcement Act,” HB 13-1136, on Monday, May 6, 2013. HB 13-1136 - Concerning the Creation of Remedies in Employment Discrimination Cases Brought Under State Law, by Reps. Claire Levy and Joe Salazar and Sens. Morgan Carroll and Lucia Guzman, establishes provisions for complaining parties who have exhausted administrative remedies to bring actions in state court. It also allows claims to be brought by employees of companies with fewer than 15 employees, which are exempt under Federal anti-discrimination provisions.

On May 5, the governor signed one bill, SB 13-176 - Concerning Authorization for the State Treasurer to Invest State Moneys in Debt Obligations Backed By the Full Faith and Credit of the State of Israel. This bill was sponsored by Sens. Mark Scheffel and Morgan Carroll and Reps. Justin Everett and Angela Williams, and it authorizes the state treasurer to invest state moneys in Israeli bonds.

The governor signed 10 bills on Friday, May 3, 2013. Three of the ten bills signed are summarized here.

  • SB 13-126 - Concerning the Removal of Unreasonable Restrictions on the Ability of the Owner of an Electric Vehicle to Access Charging Facilities, by Sen. Lucia Guzman and Rep. Crisanta Duran. The bill requires landlords and common interest communities to allow unit owners to install electric vehicle charging stations on their own property.
  • HB 13-1167 - Concerning the Collection of Business Information by the Secretary of State, by Reps. Brittany Pettersen and Crisanta Duran and Sen. Larry Crowder. The bill requires the Secretary of State to request certain demographic information from business owners, which will be available to the public on the Secretary of State website. The demographic information includes gender, race, veteran status, disability status, and NAICS code, and submission of the information is voluntary.
  • HB 13-1222 - Concerning the Expansion of the Group of Family Members for whom Colorado Employees are Entitled to Take Leave from Work under the “Family and Medical Leave Act of 1993″, by Rep. Cherylin Peniston and Sen. Jessie Ulibarri. The bill allows employees to take leave under FMLA to care for their partners in civil unions.

On April 29, 2013, the governor signed six bills. These included the long appropriations bill, three Joint Budget Committee bills regarding the General Fund, and a bill to allow students who complete high school in Colorado to qualify for in-state tuition classification (SB 13-033 – Concerning In-State Classification at Institutions of Higher Education for Students who Complete High School in Colorado, by Sens. Angela Giron and Mike Johnston and Reps. Crisanta Duran and Angela Williams.) Governor Hickenlooper also signed the budget bill, SB 13-230, on April 29.

On April 26, 2013, Governor Hickenlooper signed 16 bills. Five of these are summarized here.

  • HB 13-1025 - Concerning an Increase in the Amount of the Authorized Deductible for Workers’ Compensation Insurance Policies, by Rep. Spencer Swalm and Sen. Cheri Jahn. The bill increases the allowable deductible for employers’ workers’ compensation insurance policies.
  • HB 13-1123 - Concerning the Right of a Person to Waive Confidentiality Requirements Protecting Personal Work Information Obtained by the Department of Labor and Employment for Unemployment Benefit Claims to Permit the Department to Forward Certain Information to Potential Employers, by Rep. Tony Exum and Sen. Jim Kerr. The bill allows the Department of Labor and Employment to offer job seekers the opportunity to waive confidentiality so that their personal information may be made available to bona fide employers seeking employees.
  • HB 13-1258 - Concerning Local Government Involvement with Federal Immigration Issues, by Rep. Joe Salazar and Sens. Irene Aguilar and Morgan Carroll. The bill repeals C.R.S. Title 29, Article 29, which required local law enforcement officers to report any suspected illegal immigrants to federal immigration officials.
  • SB 13-048 - Concerning the Use of Highway User Tax Fund Moneys Allocated to Local Governments for Multimodal Transportation Infrastructure, by Sen. Nancy Todd and Reps. Max Tyler and Jeanne Labuda. The bill allows counties and municipalities to spend moneys received from the Highway User Tax Fund on transit-related projects.
  • SB 13-070 - Concerning the Purchase of Vehicles that Operate on Alternative Fuels for the State Motor Vehicle Fleet System, by Sen. Gail Schwartz and Reps. Ray Scott and Max Tyler. The bill requires the Department of Personnel and Administration to report on the number of alternative fuel vehicles purchased, the use of alternative fuel, and a plan to develop the infrastructure necessary to utilize more alternative fuel vehicles.

For a complete list of legislation signed into law by the governor in 2013, click here.

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SB 13-284: Providing for Expedited Air Quality Permitting for Oil and Gas Operators that Certify that They Will Use Certain Pollution Control Technology

May 6, 2013 by Leave a Comment

On Tuesday, April 23, 2013, Sen. Morgan Carroll introduced SB 13-284 – Concerning Streamlining the Environmental Permitting of Oil and Gas Development that Meets Enhanced Environmental Protection Standards. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill requires the division of administration in the department of public health and environment to provide for expedited air quality permitting for oil and gas operations for operators that certify that they will use pollution control technology that meets enhanced environmental and human health protection standards as established either by the division through guidance or by the air quality control commission by rule. The bill allows the division to provide an analogous permitting schedule and enhanced standards for water quality permitting either by the division through guidance or by the water quality control commission by rule.

The bill was introduced on April 23 and assigned to the Agriculture, Natural Resources, & Energy Committee. The bill is on the Agriculture, Natural Resources, & Energy Committee schedule for Tuesday, April 30 at 8 a.m.

Since this summary, the bill was referred, amended, to the Senate Committee of the Whole.

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HB 13-1316: Requiring Colorado Oil and Gas Conservation Commission to Adopt Uniform Groundwater Sampling Rules

May 2, 2013 by Leave a Comment

On April 18, 2013, Rep. Dickey Lee Hullinghorst introduced HB 13-1316 - Concerning the Colorado Oil and Gas Conservation Commission’s Adoption of Uniform Statewide Groundwater Sampling Rules. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The Colorado oil and gas conservation commission recently adopted rules that require oil and gas operators to conduct groundwater sampling but specify less rigorous standards for particular areas of the state. The bill requires the commission to adopt uniform statewide groundwater sampling rules that obligate operators to sample groundwater sources at specified intervals before and after drilling of a well.

On April 26 the Appropriations Committee amended the bill and sent it to the House for consideration on 2nd Reading.

Since this summary, the bill passed Second Reading in the House with amendments, and passed Third Reading in the House as well. It was introduced in the Senate and assigned to the State, Veterans, & Military Affairs Committee.

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SB 13-272: Including Renewable Energy Technologies in Measures that May be Used in a Gas Utility’s Demand-side Management Program

April 26, 2013 by Leave a Comment

On Monday, April 15, 2013, Sen. Gail Schwartz introduced SB 13-272 – Concerning Modifications to Energy Demand-side Management Programs, and, in Connection Therewith, Creating a Pathway for Inclusion of Innovative and Emerging Technologies to Offset the Consumption of Natural Gas. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Current law rewards the use of renewable energy resources for generating electricity and encourages efficiency measures that reduce demand for both electricity and thermal energy generated from fossil fuels. But current law does not comprehensively encourage the production of thermal energy from renewable sources when offsetting fossil fuels used for heating and cooling. The bill addresses this disparity by adding renewable energy technologies to the measures that may be deployed under existing law as part of a gas utility’s demand-side management (DSM) program. In addition, the bill:

  • Requires investor-owned retail natural gas utilities to devote 30% of their DSM budgets to support the installation of renewable energy technologies that cannot be net metered;
  • Caps gas utility DSM program expenditures at 4% of total full-service retail sales;
  • Directs investor-owned retail natural gas utilities to submit, and the public utilities commission (PUC) to consider, proposals to include their most cost-effective and consistently marketable DSM products and services in their rate base, thus freeing up a portion of their existing DSM budgets for emerging technologies; and
  • Urges the PUC, in any proceeding concerning DSM programs of electric utilities, to draw on the information and experience gained in connection with gas DSM programs as modified by the bill to promote emerging technologies that offset electricity consumption.

The bill was introduced on April 15 and assigned to the Agriculture, Natural Resources, & Energy Committee. On April 18 the committee took testimony. The bill is back on the calendar for April 23 at 7:30 a.m.

Since this summary, the bill was postponed indefinitely by the Agriculture, Natural Resources, & Energy Committee.

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SB 13-252: Encouraging Methane Capture Technologies by Increasing Colorado’s Renewable Energy Standard

April 19, 2013 by Leave a Comment

On Wednesday, April 3, 2013, Sen. John Morse introduced SB 13-252 – Concerning Measures to Increase Colorado’s Renewable Energy Standard so as to Encourage the Deployment of Methane Capture Technologies.  This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

In the statute creating Colorado’s renewable energy standard, as introduced, the bill removes in-state preferences with respect to:

  • Wholesale distributed generation;
  • The 1.25 kilowatt-hour multiplier for each kilowatt-hour of electricity generated from eligible energy resources other than retail distributed generation;
  • The 1.5 kilowatt-hour multiplier for community-based projects; and
  • Policies the Colorado public utilities commission (PUC) must implement by rule to provide incentives to qualifying retail utilities to invest in eligible energy resources.

The bill also raises the percentage of retail electricity sales that must be achieved from eligible energy resources by cooperative electric associations that provide service to 100,000 meters or more from 10 to 25 percent, starting in 2020, and increases the allowable retail rate impact for cooperative electric associations from 1 to 2 percent.

The bill expands the definition of “eligible energy resources” that can be used to meet the standards to include coal mine methane and synthetic gas produced by pyrolysis of municipal solid waste, subject to a determination by the PUC that the production and use of these gases does not cause a net increase in greenhouse gas emissions.

The bill also implements a new eligible energy standard of 25 percent for generation and transmission cooperative electric associations that directly provide electricity at wholesale to cooperative electric associations in Colorado that are its members. The standard applies only to sales by these wholesale providers to their members in Colorado. The wholesale providers are required to make public reports of their annual progress toward meeting the standard by 2020. The PUC is granted no additional regulatory authority over these providers in the implementation of this standard.

On April 12, the Senate amended the bill and passed it on 2nd Reading.

Since this summary, the bill was passed in the Senate on Third Reading.

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SB 13-241: Establishing a Program in the Department of Agriculture for the Regulation of Industrial Hemp

April 12, 2013 by Leave a Comment

On Monday, April 1, 2013, Sen. Gail Schwartz introduced SB 13-241 – Concerning the Creation of a Program in the Department of Agriculture to Regulate Industrial Hemp Production. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill repeals the industrial hemp remediation pilot program in the Department of Public Health and Environment, enacted by House Bill 12-1099, and replaces the pilot program with a program in the Department of Agriculture (department) that requires a person seeking to engage in industrial hemp cultivation for commercial purposes or to grow industrial hemp for research and development purposes to register with the department. The bill renames the Industrial Hemp Remediation Pilot Program Committee, established pursuant to House Bill 12-1099, as the Industrial Hemp Committee, specifies the qualifications and terms of office of members serving on the committee, and tasks the committee with assisting the department and the commissioner of agriculture (commissioner) in the development of the registration program.

The commissioner is authorized to collect fees from registration applicants to cover the costs of the program. Each registrant authorized to cultivate industrial hemp for commercial purposes must submit reports to the department certifying that the crop it plants complies with the delta-9 THC limits, as well as documenting that the registrant has a purchase agreement with an in-state industrial hemp processor.

The commissioner is to develop rules requiring registrants to submit crop samplings for testing and verification of delta-9 THC levels and establishing a process for waiving delta-9 THC limits.

Upon finding that a registrant violated the requirements of the program, the commissioner may impose a civil penalty on the registrant or deny, revoke, or suspend the registration.

The registration program repeals upon the enactment of federal legislation establishing a federal regulatory system for industrial hemp and the economic and financial viability of the industrial hemp industry, as determined by the commissioner in consultation with the industrial hemp committee.

The bill was introduced on April 1 and is assigned to the Agriculture, Natural Resources, & Energy Committee.

Since this summary, the bill was referred, amended, to the Appropriations Committee.

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SB 13-219: Implementing Rules for Remediation of Property Contaminated by an Illegal Drug Lab

March 28, 2013 by Leave a Comment

On Friday, March 15, 2013, Sen. Lois Tochtrop introduced SB 13-219 – Concerning the Remediation Performed on Property Contaminated by an Illegal Drug Laboratory. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

Currently, the state board of health may promulgate rules for the cleanup of illegal drug labs. The bill requires the board to implement and promulgate rules addressing the following:

  • Testing and evaluating contamination;
  • Training and certifying people to assess and clean up illegal drug laboratories;
  • Approval of consultants’ or contractors’ trainers; and
  • Certifying that property meets the cleanup standards established by the board.

The board is also directed to establish fees and administrative penalties to implement these standards.

Currently, a person who documents cleaning up an illegal drug lab to the board’s standards is immune from a lawsuit but the manufacturer of the illegal drugs is not immune. The bill adds, as a person who is not immune, a person convicted of possession of chemicals, supplies, or equipment with intent to manufacture the illegal drugs.

A person who violates a rule of the board is subject to a penalty of up to $15,000. The bill sets procedures for notifying a person of an alleged violation and issuing an order and establishes standards for taking administrative action and determining the penalty. The bill is assigned to the Health & Human Services Committee.

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SB 13-212: Increasing Financing Options Available Through Colorado New Energy Improvement District for New Energy Improvements

March 28, 2013 by Leave a Comment

On Thursday, March 14, 2013, Sen. Matt Jones introduced SB 13-212 – Concerning Increased Options for Financing Available Through the Colorado New Energy Improvement District for the Completion of New Energy Improvements, and, in Connection Therewith, Allowing Commercial Buildings to Access District Financing, Requiring Consent for Subordination of Mortgage Liens, and Facilitating Private Third-Party Financing. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The Colorado new energy improvement district (district) currently allows for financing of the completion of new energy improvements only for residential real estate. The bill allows owners of commercial property to utilize such financing, repeals the maximum 95 percent loan-to-value requirement for qualified applicants, and repeals the percentage-of-value and dollar caps on allowable new energy improvements. The bill also includes fuel cells within the definition of “renewable energy improvement” and includes improvements that increase the overall illumination of a property or bring the property up to building code within the definition of ”energy efficiency improvement.” The bill directs the governor to appoint five members to the district board by Sept. 1, modifies their qualifications, removes the legislative appointees from the board, and reduces the quorum from six to four members.

The bill directs the district to develop:

  • A program for the financing of new energy improvements by private third-party financing in addition to by district bonds; and
  • The parameters for requiring consent in all cases by existing mortgage holders to subordinate the priority of their mortgages to the priority of the district’s lien.

Current law includes increased market value and decreased energy bills attributable to a new energy improvement in the calculation of the amount of the special assessment; the bill repeals these factors from that calculation and also repeals language that allows special assessments to be prepaid.

If district special assessments are attributable to new energy improvements that were financed by a private third party:

  • The bill directs the board to credit the proceeds of the special assessments to the private third party; and
  • The bill specifies that district bonds are not payable from the special assessments.

The bill also prohibits county assessors from taking into account any increase in the market value of the eligible real property resulting from the completion of a new energy improvement when assessing the value of the property. The bill also affirms that the state will not impair the rights or remedies of private third parties that have financed new energy improvements. Current law conditionally repeals the district on Jan. 1, 2016; the bill repeals the repeal date.

On March 21, the Agriculture, Natural Resources, & Energy amended the bill then sent it to the full Senate for consideration on 2nd Reading.

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Your Help Needed for Colorado Bar Association’s 2013 Fire Recovery Projects

March 26, 2013 by 1 Comment

The Colorado Bar Association (“CBA”) and the Environmental Law Section (“ELS”) are sponsoring a statewide tree planting project this Spring in areas devastated by wildfires.  The CBA and the ELS donated funds to seed these projects and CBA members are organizing them.  Now we need your help.

Recent fires have devastated forests and communities in Colorado.  In Colorado Springs, the 2012 Waldo Canyon fire burned 18,000 acres, destroyed 347 homes, and took 2 lives.  In Douglas, Jefferson, Park and Teller Counties, the 2002 Hayman fire was the largest wildfire in Colorado history. Hundreds of firefighters fought the fast-moving fire, which caused nearly $40 million in firefighting costs, burned 133 homes and 138,114 acres, forced the evacuation of 5,340 people, and resulted in 6 indirect fatalities.  The 2012 Lower North Fork fire in a nearby area also burned 4,500 acres and 23 homes, leaving 3 people dead, but the area will not be ready for tree planting this Spring.  In the Durango area, the 2012 Weber fire burned 10,000 acres.  Near Fort Collins, the 2012 High Park fire burned 87,000 acres and 259 homes, and took one life.  And, in Boulder County, the land and residents are still recovering from the 2010 Four Mile Canyon fire which at the time was the most damaging fire in Colorado’s history.  Planting trees and other restorative efforts will help heal the land, support fire victims, and demonstrate that attorneys in these communities care.

The 2013 projects are modeled on successful tree planting projects conducted in the Four Mile fire area in Boulder County in 2011 and 2012. Committees of attorneys have organized the projects and ordered trees.  They now need some of your time and money.  A $100 donation can purchase up to 100 trees and make a significant difference in an area denuded by fire.  Volunteering for a half day or a day to plant trees is good for the environment, good for the community, and good for you.

Please consider donating a few dollars and/or your time to help the following projects in a community near you.  You can donate to a particular project through the contacts below or make a donation to the state-wide effort as described below.

Colorado Springs (Waldo Canyon Fire):

Date:               May 4, 2013

Location:        Flying W Ranch, Colorado Springs

Note:               1,500 trees to be planted

Co-Sponsors:  El Paso County Bar Association, Coalition for the Upper South Platte

Contact:          Dan Stuart (danstuart@coloradolawyers.net)

Durango (Weber Fire):

Date:               April 27, 2013

Location:        Mancos, Weber Canyon Area, Montezuma County, Colorado

Note:               2,000 trees will be planted

Co-Sponsors:  Southwest Colorado Bar Association, Montezuma County Firewise

Contact:          Marla Underell (marla@underell-law.com)

Fort Collins (High Park Fire):

Date:               April 28, 2013

Location:        Rist Canyon

Note:               Due to the condition of the soils, this project will focus on mulching and seeding grasses for erosion control

Co-Sponsors:  Larimer County Bar Association, Wildland Restoration Volunteers

Contact:          Gail Goodman (ggoodman@ftccolaw.com)

Jefferson County (Hayman Fire):

Date:               May 18, 2013

Location:        Near the Junction of FS 211 and CR 126, Jefferson County, approximately 3 miles from Cheesman Reservoir (map will be provided)

Note:               750 trees to be planted

Co-Sponsors:  First Judicial District Bar Association, Coalition for the Upper South Platte

Contacts:         Michelle Marcu (marcu.michelle@epa.gov )

Karen Kellen (kellen.karen@epa.gov)

Boulder (Four Mile Canyon Fire):

Date:               April 20, 2013

Location:        Four Mile Canyon (meet at Boulder County Justice Center)

Note:               1,000 trees to be planted

Co-Sponsors:  Boulder County Bar Association, Boulder County Open Space

Contacts:         Gabriella Stockmayer (gstockmayer@dietzedavis.com)

Josh Anderson (janderson@dietzedavis.com),

Adam Lewis (mal@bhgrlaw.com

Donations to the statewide effort can be made by mailing a check to the “CBA Foundation” at:

Colorado Bar Association Foundation

c/o Dana Collier Smith

1900 Grant Street, #900

Denver, CO 80203

(please be sure to put “2013 Trees” in the memo section of your check)

For more information on statewide projects: Ann Rhodes (amr@bhgrlaw.com), Maki Iatridis (adi@bhgrlaw.com), Michelle Marcu (marcu.michelle@epa.gov)

ABA One Million Trees Project

The CBA 2013 projects are part of the American Bar Association’s One Million Trees Project.  The Section of Environment, Energy, and Resources (“SEER”) of the ABA commenced its One Million Trees Project in 2009.  The goal of the public service project is to bring volunteer resources together with a variety of local programs to plant one million trees by 2014.  Subtitled “The Right Tree for the Right Place at the Right Time,” the Project is a nationwide public service project that was adopted by the entire ABA organization through its Board of Governors in the summer of 2012.  Click here for more information.

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Environmental Concerns in Estate Planning and Real Estate Conveyancing

March 6, 2013 by Leave a Comment

When constructing an estate plan, property conveyance is an important feature. However, devising property can sometimes create unanticipated problems when the property is subject to environmental laws such as the Clean Water Act,  Endangered Species Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The Clean Water Act (CWA) regulates the discharge of pollutants into natural waters and regulates quality standards for surface waters. The CWA originated in 1948, but was significantly amended into the current CWA in 1972. There are numerous provisions of the CWA that may affect a landowner’s conveyance, but the most likely scenario encountered is the necessity of obtaining a Section 404 permit, which can authorize discharge of dredge or fill material into waters.

The Endangered Species Act (ESA) intends to protect and recover endangered or imperiled species in order to maintain the natural ecosystem. It has been described as the most far-reaching wildlife preservation act in the world. Although the ESA does not prevent conveyance of property, it has significant potential to inhibit development of land. If an endangered or threatened species resides on the land to be conveyed, the ESA could prohibit any changes to the natural ecosystem of that species.

CERCLA, the Comprehensive Environmental Response, Compensation, and Liability Act, was created by Congress in 1980. CERCLA creates penalties for the release of hazardous substances. It also encourages individuals to clean up waste in order to recover cleanup costs from others. CERCLA’s provisions can extend to inherited property, trusts, estates, and trustees or fiduciaries, so it has broad application to estate planning.

Strategies for addressing these environmental acts will be discussed at the CLE offices on Friday, March 9, 2013, at the “Natural Resource Issues in Estate Planning” seminar. Water law topics, real estate conveyancing, conveyance of mineral interests, oil and gas planning, and hard minerals will also be discussed. To register, click the link below or call the CLE offices at (303) 860-0608.

CLE Program: Natural Resource Issues in Estate Planning

This CLE presentation will take place on Friday, March 8, 2013, at 9:00 a.m. Click here to register for the live program, and click here to register for the webcast.

Can’t make the live program? Click here to order the homestudy.
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SB 13-152: Continuing the Asbestos Abatement Certification Process

March 4, 2013 by Leave a Comment

On Wednesday, January 30, 2013, Sen. Irene Aguilar introduced SB 13-152 – Concerning the Continuation of the Asbestos Abatement Certification Process Conducted by the Department of Public Health and Environment, and, in Connection Therewith, Implementing the Department of Regulatory Agencies’s Recommendations in the 2012 Sunset Report. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill implements the recommendations of the department of regulatory agencies’ review of the Colorado department of public health and environment’s certification process in connection with asbestos abatement by:

  • Continuing the certification process for nine years, until 2022; and
  • Requiring property owners applying for permits to renovate or demolish property to disclose knowledge of whether the building materials that will be disturbed by a renovation or demolition project have been inspected for asbestos. A local government entity need not require a property owner applying for a property renovation or demolition permit to make the disclosure until the entity has updated its application forms, which it may do when it otherwise creates and disseminates updated application forms pursuant to its standard practice.

On February 20, the Senate gave approved the bill on 3rd Reading.

Since this summary, the bill was introduced in the House and assigned to the Health, Insurance & Environment Committee.

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