Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 12-0140.01 Bob Lackner x4350 HOUSE BILL 12-1165 HOUSE SPONSORSHIP Schafer S., Tyler SENATE SPONSORSHIP Jahn and Nicholson, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the disclosure of information about radon hazards in connection with the resale of private residential real property. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) On and after January 1, 2013, in connection with the resale and subsequent conveyance of private residential real property, the bill requires the seller of the property to conduct a test of the property for radon hazards prior to sale in accordance with testing procedures approved for such use by the Colorado department of public health and environment. The bill further requires the seller to timely disclose the findings of the test to the potential purchasers of the property and provide documentation to such purchaser evidencing the completion of the test and the test results. Any presence of a radon hazard above the safety level may constitute cause for the mitigation of the hazard. The bill specifies that the cost of any such mitigation is a matter to be privately negotiated between the seller and the potential purchaser of the property. Nothing in the bill is intended nor shall be construed to require any mitigation on the part of the seller of the property. The bill provides a property owner, an authorized agent of a property owner, or a person in possession of real property immunity from liability for any damages resulting from the operation, maintenance, installation, or effectiveness of any mitigation undertaken pursuant to the bill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add part 2 to article 45 of title 38 as follows: PART 2 DISCLOSURE OF INFORMATION CONCERNING RADON HAZARDS 38-45-201. Legislative declaration. (1) The general assembly finds, determines, and declares that: (a) Radon, an odorless, colorless, radioactive gas, is the leading cause of cancer deaths among nonsmokers in the nation and is the second leading cause of lung cancer deaths overall; (b) Radon originates from the decay of naturally occurring uranium in Colorado granite, soil, and bedrock and can accumulate in structures at dangerous risk levels to humans; (c) The federal environmental protection agency lists Colorado in the highest risk level of states with radon gas, the state of Colorado ranks seventh in the nation in the level of radon risk, and radon is found in all of Colorado's sixty-four counties, with eighty percent of Colorado's counties demonstrating the presence of radon in the high hazard zone and another twenty percent of Colorado's counties scoring in the moderate radon hazard zone; (d) Radon causes an estimated twenty-one thousand radon-related lung cancer deaths per year in the United States according to the environmental protection agency and over five hundred such deaths per year in the state of Colorado according to the Colorado department of public health and environment; (e) Exposure to radon causes more deaths to Coloradans per year than does driving under the influence of alcohol according to the departments of public health and environment and transportation, and the risk of death at home from radon is greater than the risk from electrocution, carbon monoxide, fires, and falls; (f) Radon testing data collected by the Colorado department of public health and environment demonstrates that approximately fifty percent of the homes in the state have radon levels above the recommended environmental protection agency action limit of four picocurioes per liter of air, or PCi/L; (g) A 2011 survey undertaken by the Colorado department of public health and environment demonstrated that only thirty-four percent of respondents had tested their homes for radon; (h) The only way to determine with any degree of scientific accuracy whether radon is present in a home is to test for it, and the only proven means to eradicate radon if it is shown to be present is to undertake mitigation. (2) The general assembly intends by this part 2 to require sellers involved in the resale and subsequent conveyance of residential real property to test the property for radon hazards prior to sale. The presence of radon hazards above the safety level, or a radon concentration in excess of four picocurioes per liter of air, or PCi/L, may be cause for mitigation. However, the general assembly further intends that the matter of mitigation of any radon hazard level detected in connection with the resale and subsequent conveyance of residential real property is a matter of private negotiation to be addressed between the seller and the potential purchaser of the property. The general assembly does not intend by this part 2 that the seller of the property undertake any mitigation where the test indicates the presence of a radon hazard. By this part 2, the general assembly further intends to provide a property owner, an authorized agent of a property owner, or a person in possession of real property immunity from liability for any damages resulting from the operation, maintenance, installation, or effectiveness of any mitigation undertaken pursuant to the provisions of this part 2. 38-45-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Mitigation" means measures designed to permanently reduce indoor radon concentrations to at or below the safety level, or a radon concentration in excess of four picocurioes per liter of air, or PCi/L. (2) "Radon hazard" means exposure to indoor radon concentrations in excess of the safety level. (3) "Residential real property" has the same meaning as specified in section 38-35.7-104 (3). (4) "Safety level" means a measurement of indoor radon concentration in excess of four picocurioes per liter of air, or PCi/L, as such standard may be modified in the future by the federal environmental protection agency or the Colorado department of public health and environment. 38-45-203. Required testing by seller of radon hazards - resale of private residential real property - disclosure of test results - no duty to mitigate - immunity from liability. (1) On and after January 1, 2013, in connection with the resale and subsequent conveyance of private residential real property, the seller of the property shall conduct a test of the property for radon hazards prior to sale in accordance with testing procedures approved for such use by the Colorado department of public health and environment. The seller shall timely disclose the findings of the test to the potential purchaser of the property and provide documentation to such purchaser evidencing the completion of the test and the test results. Any presence of a radon hazard above the safety level may constitute cause for mitigation of such hazard and the cost of any such mitigation is a matter to be privately negotiated between the seller and the potential purchaser of the property. Nothing in this part 2 is intended nor shall be construed to require any mitigation on the part of the seller of the property. (2) No person shall have a claim for relief against a property owner, an authorized agent of a property owner, or a person in possession of real property for any damages resulting from the operation, maintenance, installation, or effectiveness of any mitigation undertaken pursuant to the provisions of subsection (1) of this section. SECTION 2. Act subject to petition - effective date - applicability. (1) This act takes effect January 1, 2013; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2012 and, in such case, will take effect on January 1, 2013, or on the date of the official declaration of the vote thereon by the governor, whichever is later. (2) The provisions of this act apply to private residential real property listed for resale on or after the applicable effective date of this act.