Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0019.01 Kristen Forrestal    HOUSE BILL 04-1182
                    HOUSE SPONSORSHIP
 Cloer,  Boyd, Clapp, Coleman, Frangas, Jahn, Stafford, Tochtrop, White, and Wiens
 
                   SENATE SPONSORSHIP
 Hillman,  and Sandoval
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Health, Environment, Welfare, & Institutions
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning standards for the cleanup of illegal drug
            laboratories.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Requires the department of public health and environment to
       promulgate rules that establish the standards for the cleanup of illegal
       drug laboratories.  Requires the rules to reflect the findings of the
       hazardous materials and waste management division of the department in
       the July 2003 report titled "Cleanup of Clandestine Methamphetamine
       Labs Guidance Document".
            Requires property owners to meet the cleanup standards
       established by the department.  Makes property owners who have met the
       cleanup standards established by the department free from liability for
       any injuries alleged by future property owners, renters, or others
       occupying the property that result from the drug laboratory.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Title 25, Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW ARTICLE to read:
                           ARTICLE 18.5
                     Illegal Drug Laboratories
            25-18.5-101.  Definitions.  As used in this article, unless the
       context otherwise requires:
            (1)  "Department" means the department of public health
       and environment.
            (2)  "Drug laboratory" means the areas where controlled
       substances, as defined by section 18-18-102, C.R.S., have been
       manufactured, processed, cooked, disposed of, or stored and all
       proximate areas that are likely to be contaminated as a result
       of such manufacturing, processing, cooking, disposing, or
       storing.
            (3)  "Property" means anything that may be the subject of
       ownership, including, but not limited to, land, buildings,
       structures, vehicles, and articles of personal property.
            (4)  "Property owner", for the purposes of real property,
       means the person holding record fee title to real property.
            25-18.5-102.  Illegal drug laboratories - rules.  The department
       shall promulgate rules that establish the acceptable standards
       for the cleanup of illegal drug laboratories.  The rules shall
       reflect the findings of the hazardous materials and waste
       management division of the department in the July 2003 report
       titled "Cleanup of Clandestine Methamphetamine Labs Guidance
       Document" or a successor document outlining best practice
       standards for methamphetamine laboratory clean-up.
            25-18.5-103.  Discovery of illegal drug laboratory - property
       owner - cleanup - liability.  (1)  Upon notification from a peace
       officer that chemicals, equipment, or supplies indicative of an
       illegal drug laboratory are located on a property, the owner
       of such property shall meet the cleanup standards for property
       established by the department in section 25-18.5-102.
            (2)  Once a person determined by rule of the department to
       be a properly qualified person determines that a property owner
       has met the standards for the cleanup of an illegal drug
       laboratory established by the department in section 25-18.5-102,
       the property where such drug laboratory was located may be
       reoccupied.  At such time the property owner shall be free from
       liability for any actions brought by any future owner, renter,
       or other person who occupies such property relating to alleged
       injuries resulting from the existence of the illegal drug
       laboratory.
            SECTION 2.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.