HOUSE 3rd Reading Unamended March 13, 2009 HOUSE Amended 2nd Reading March 12, 2009First Regular Session Sixty-seventh General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 09-0635.01 Duane Gall HOUSE BILL 09-1247 HOUSE SPONSORSHIP Apuan, SENATE SPONSORSHIP Morse, House Committees Senate Committees Transportation & Energy A BILL FOR AN ACT Concerning enactment of the "Homebuyers' Energy Right-To-Know Act" requiring disclosure of an existing home's energy usage in connection with the sale of the home. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Beginning in 2010, requires the seller of an existing residence to provide the buyer with an energy billing history and usage history for the property for the immediately preceding 12 months or, if the seller did not own the property for 12 months, for the period of the seller's ownership. If the property was unoccupied for any portion of that time, requires disclosure of the dates when it was unoccupied. If the property was not served by a utility supplying electricity or natural gas, requires a statement to that effect. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Short title. This act shall be known and may be cited as the "Homebuyers' Energy Right-To-Know Act". SECTION 2. Article 35.7 of title 38, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 38-35.7-106. Disclosure of energy usage history - rules. (1) Effective January 1, 2010, a seller of residential real property shall furnish to the buyer, at the buyer's option as reflected in a contract to buy and sell containing the terms specified in subsection (4) of this section: (a) A billing history and usage history for the property, as provided by each utility supplying electricity to the property and each utility supplying natural gas to the property if the seller has legal access to such histories, for: (I) The twelve-month period immediately preceding the listing of the property; or (II) If the seller owned the property for less than twelve months immediately preceding the listing of the property, the entire period of the seller's ownership of the property; or (b) If, during the period described in paragraph (a) of this subsection (1) the seller did not have legal access to the utility history of the residential real property, a statement to that effect. (2) (a) The obligation to provide the disclosure set forth in subsection (1) of this section shall be upon the seller. The purchaser shall not have any claim under this section for relief against any person for any damages to the purchaser resulting from an alleged inadequacy of the property's insulation or excessive energy consumption. Nothing in this section other than this paragraph (a) shall affect any remedy that the purchaser may otherwise have against the seller. (b) The utility's obligation under this section is limited to providing, upon request of the seller who has legal access, the billing history and usage information set forth in paragraph (a) of subsection (1) of this section. Nothing in this section shall impose on a utility any liability to the seller, the purchaser, the real estate broker, or any other person for any direct, indirect, consequential, or other damages in connection with the real estate transaction. (3) For purposes of this section, "residential real property" means residential land and residential improvements, as those terms are defined in section 39-1-102, C.R.S., but does not include a new residential improvement or hotels and motels, as those terms are defined in section 39-1-102, C.R.S.; except that a mobile home and a manufactured home, as those terms are defined in section 39-1-102, C.R.S., shall be deemed to be residential real property only if the mobile home or manufactured home is permanently affixed to a foundation. (4) The contract to buy and sell residential real property shall contain a provision in substantially the following form: Provision X.X Seller to provide Utility Billing and Usage History x.x The Buyer chooses that the Seller __ shall provide __ does not need to provide twelve months of energy bills and usage history, pursuant to section 38-35.7-106, C.R.S., within five days after accepting contract. This information may assist a buyer in determining ways to increase the energy efficiency of the property. SECTION 3. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, (August 4, 2009, if adjournment sine die is on May 6, 2009); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.