reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 3 - ATTAINMENT PROGRAM (§§ 25-7-301 — 25-7-305) › Section 25-7-302 - State implementation plan - contents

The attainment program embodied in the state implementation plan may, with respect to proposed new or modified major stationary sources within nonattainment areas which would cause or contribute to a violation of a national ambient air quality standard, provide an allowance for growth while providing reasonable further progress toward attainment, and new sources may be allowed that do not result, individually or in the aggregate, in emissions that exceed the allowance. Particulate matter not of a size or substance to adversely affect public health or welfare shall not be considered in determining whether any applicable growth allowance has been consumed. Modifications to an existing facility within a source may be allowed which are accompanied by emission reduction offsets within the same source sufficient to provide no net increase in emissions of an air pollutant from the source. If an applicable growth allowance has been consumed, the attainment program shall permit sources to be constructed only if emission reduction offsets providing a greater than one-for-one emission reduction are obtained from existing sources sufficient to provide reasonable further progress toward attaining the applicable national ambient air quality standards by the attainment date prescribed under Part D (Nonattainment Program) of the federal act. Any emission offsets required for sulfur dioxide, particulates, and carbon monoxide shall provide a positive net air quality benefit in the area affected by the proposed source.
L. 79: Entire article R&RE, p. 1056, § 1, effective June 20.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 3 - ATTAINMENT PROGRAM (§§ 25-7-301 — 25-7-305) › Section 25-7-303 - [Repealed]

L. 79: Entire article R&RE, p. 1056, § 1, effective June 20. L. 92: Entire section repealed, p. 1230, § 32, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 3 - ATTAINMENT PROGRAM (§§ 25-7-301 — 25-7-305) › Section 25-7-304 - Emission reduction offsets

The attainment program shall provide that emission reduction offsets which exceed those otherwise necessary to the granting of a permit under this part 3 may be preserved for sale or use in the future. Any emission reduction offset so preserved for future use and credit shall be specifically identified either in the state implementation plan or in the permit for the source as to which such offset was originally obtained. Any offsets so preserved and identified shall not in any way be condemned or taken under the provisions of articles
1
to
7
of title
38
, C.R.S.
L. 79: Entire article R&RE, p. 1056, § 1, effective June 20.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 3 - ATTAINMENT PROGRAM (§§ 25-7-301 — 25-7-305) › Section 25-7-305 - Alternative emission reduction

The attainment program shall provide that upon application of the owner or operator of a stationary source, the commission may approve as a revision to the state implementation plan a proposal to meet the applicable requirements of the state implementation plan for a given air pollutant for two or more facilities or operations within such source through a combination of different requirements which separately may be more or less stringent than the applicable requirements of the state implementation plan; except that the total emissions from such facilities or operations shall not exceed the total emissions allowed by the applicable requirements of the state implementation plan.
L. 79: Entire article R&RE, p. 1057, § 1, effective June 20. L. 84: Entire section amended, p. 777, § 20, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-401 - Legislative declaration

The general assembly hereby declares that it is in the interest of the state to control, reduce, and prevent air pollution caused by wood smoke. It is therefore the intent of this part 4 to significantly reduce particulate and carbon monoxide emissions caused by burning wood by developing an evaluation and certification program, in the department of public health and environment, for the sale of wood stoves in Colorado and by encouraging the air quality control commission to continue efforts to educate the public about the effects of wood smoke and the desirability of achieving reduced wood smoke emissions. The general assembly hereby finds that it is beneficial to the state to implement a program of voluntary no-burn days whenever the air quality control division determines that the anticipated level of wood smoke will or is likely to have an adverse impact on the air quality in any nonattainment area in the state.
L. 84: Entire part added, p. 779, § 1, effective April 12. L. 94: Entire section amended, p. 2785, § 506, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-402 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Evaluate" means to review wood-burning appliances' emission levels, as determined by an independent testing laboratory, and compare the emission levels to the emission performance standards established by the commission under section
25-7-403
.
(2) and (3)
Repealed.
L. 84: Entire part added, p. 779, § 1, effective April 12. L. 87: (2) repealed, p. 1144, § 10, effective June 16; (3) repealed, p. 1144, § 10, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-403 - Commission - rule-making for wood-burning stoves

(1)
The commission shall promulgate rules and regulations to carry out the provisions of this part 4 relating to wood-burning stoves in conformity with the provisions and procedures specified in article
4
of title
24
, C.R.S., and which shall become effective only as provided in said article.
(2)
(a)
In promulgating such rules and regulations, the commission shall:
(I)
Set emission performance standards for new wood stoves;
(II)
Establish criteria and procedures for testing new wood stoves for compliance with the emission performance standards;
(III)
Prescribe the form and content of the emission performance label to be attached to a new wood stove meeting the emission performance standards;
(IV)
Establish procedures for administering the program and for collecting fees for the certification of new wood stoves;
(V)
Establish fees for certifying new wood stoves at a level such that said fees reflect the direct and indirect costs of administering the program less any general fund or federal grant moneys appropriated to cover the start-up costs of the program;
(VI)
Repealed.
(VII)
Establish a definition for new wood stoves; and
(VIII)
Establish exemptions from the provisions of this subsection (2) of the extent that such exemptions are appropriate.
(b)
The moneys collected under this subsection (2) shall be transmitted to the state treasurer, who shall credit the same to the stationary sources control fund established in section
25-7-114.7(2)(b)
. Any moneys not appropriated by the general assembly shall be retained in the stationary sources control fund and shall not revert to the general fund at the end of any fiscal year.
L. 84: Entire part added, p. 780, § 1, effective April 12. L. 87: (1) and (2)(a)(V) amended, (2)(a)(VI) repealed, and (2)(a)(VII) and (2)(a)(VIII) added, pp. 1140, 1141, 1144, §§ 2, 3, 10, effective June 16. L. 92: (2)(b) amended, p. 1231, § 33, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-404 - Wood stove testing program established

(1)
There is hereby established, in the department of health, an evaluation and certification program for the control of air pollution caused by wood stove emissions, which is designed to significantly reduce particulate and carbon monoxide emissions, referred to in this part 4 as the "program".
(2)
The program as implemented by rules and regulations as set forth in section
25-7-403
shall be administered by the air quality control division. The said division shall establish a program that:
(a)
Determines whether or not any new wood stove complies with the emission performance standards set by the commission when tested by an independent testing laboratory;
(b)
If such new wood stove complies with the emission performance standards, certifies such compliance.
(3)
On or after July 1, 1985, a wood stove manufacturer or dealer may request the air quality control division to evaluate the emissions performance of any new wood stove.
(4)
Repealed.
L. 84: Entire part added, p. 780, § 1, effective April 12. L. 2005: (4) repealed, p. 283, § 22, effective August 8.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-405 - Certification required for sale

(1)
On or after January 1, 1987, a person shall not advertise to sell, offer to sell, or sell a new wood stove in Colorado unless:
(a)
The particular model of wood stove or the particular configuration of wood stove appliance has been evaluated to determine its emission performance and has been certified by the air quality control division under the program established under this part 4; and
(b)
An emission performance label is attached to the wood stove.
L. 84: Entire part added, p. 781, § 1, effective April 12.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-405.5 - Resale of used noncertified wood-burning devices - prohibited

On and after January 1, 1993, no used wood-burning device shall be sold or installed in the program area unless such device meets the most stringent standards adopted by the commission pursuant to section
25-7-106.3(1)
.
L. 92: Entire section added, p. 1282, § 2, effective May 27; entire section added, p. 1324, § 3, effective May 27.
Amendments to this section by Senate Bill 92-137 and House Bill 92-1321 were harmonized.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-406 - Fireplace design program

The air pollution control division shall establish a program to study the ways that differences in the structural design of fireplaces affect emissions. The objective of this program will be to determine those structural designs of fireplaces which effectively minimize emissions. The division shall conduct performance tests of different fireplace designs to identify those designs that minimize emissions.
L. 84: Entire part added, p. 781, § 1, effective April 12.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-407 - Commission - rule-making for fireplaces

(1) to (7)
Repealed.
(8)
On and after January 1, 1993, any new or remodeled fireplace to be installed in any dwelling in an area subject to wood-burning limitations provided for in section
25-7-106.3
shall be one of the following:
(a)
A gas appliance;
(b)
An electric device; or
(c)
A fireplace or fireplace insert that meets the most stringent emissions standards for wood stoves established by the commission, or any other clean burning device that is approved by the commission.
(9)
No regulation promulgated by the commission in accordance with subsection (8) of this section shall apply to any municipality or a county in the AIR program that has in effect, on and after January 1, 1993, an ordinance or building code provision substantially equivalent to the requirement set forth in subsection (8) of this section, as determined by the commission.
(10)
Repealed.
L. 84: Entire part added, p. 781, § 1, effective April 12. L. 87: Entire section R&RE, p. 1141, § 4, effective June 15. L. 92: (8), (9), and (10) added, p. 1281, § 1, effective May 27; (8), (9), and (10) added, p. 1323, § 2, effective May 27; (6) amended, p. 1231, § 34, effective July 1. L. 93: (10) repealed, p. 1787, § 69, effective June 6.
(1) Amendments to subsection (9) by Senate Bill 92-137 and House Bill 92-1321 were harmonized.
(2) Subsection (10) provided for the repeal of subsections (1) to (7), effective January 1, 1993. (See L. 92, pp. 1281, 1323.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-407.5 - [Repealed]

L. 87: Entire section added, p. 1142, § 5, effective June 16. L. 92: Entire section amended, p. 1283, § 4, effective May 27; entire section amended, p. 1325, § 5, effective May 27.
Subsection (2) provided for the repeal of this section, effective January 1, 1993. (See L. 92, pp. 1283, 1325.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-408 - Required compliance in building codes

(1)
(a)
Repealed.
(b)
On and after January 1, 1993, every board of county commissioners of a county in the AIR program area which has enacted a building code, and thereafter every board of county commissioners of a county in the AIR program area which enacts a building code, shall, pursuant to section
30-28-201(2)
, C.R.S., adopt a building code provision requiring any person who installs or constructs any fireplace to comply with section
25-7-407(8)
.
(2)
(a)
Repealed.
(b)
On and after January 1, 1993, every governing body of a municipality in the AIR program area which has enacted a building code, and thereafter every governing body of a municipality in the AIR program area which enacts a building code, shall, pursuant to section
31-15-601(2)
, C.R.S., adopt a building code provision requiring any person who installs or constructs any fireplace to comply with section
25-7-407(8)
.
(3)
Nothing in this article 7 prevents a board of county commissioners or a governing body of a municipality from enacting a building code that requires more stringent standards for wood stoves and for fireplaces, if such standards are necessary and reflect technology suitable for commercial application within the meaning of section
25-7-407(1)
, as that section existed prior to its repeal in 1993.
Amended by 2020 Ch. 70,§ 43, eff. 9/14/2020.
L. 84: Entire part added, p. 781, § 1, effective April 12. L. 87: Entire section amended, p. 1143, § 6, effective June 16. L. 92: (1) and (2) amended, p. 1282, § 3, effective May 27; (1) and (2) amended, p. 1324, § 4, effective May 27. L. 2020: (3) amended, (SB 20-136), ch. 295, p. 295, § 43, effective September 14.
(1) Amendments to subsections (1) and (2) by Senate Bill 92-137 and House Bill 92-1321 were harmonized.
(2) Subsections (1)(a)(II) and (2)(a)(II) provided for the repeal of subsections (1)(a) and (2)(a), respectively, effective January 1, 1993. (See L. 92, pp. 1282, 1324.)
For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-409 - Voluntary no-burn days

Whenever the air quality control division determines, after investigation, that the level of wood stove emissions anticipated will contribute adversely or is likely to have an adverse impact on the air quality in any nonattainment area in the state, the commission should implement and announce a program of voluntary no-burn days.
L. 84: Entire part added, p. 782, § 1, effective April 12.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-410 - Applicability

The provisions of this part 4 do not apply to a used wood stove and shall not apply to any fireplace constructed prior to the date established in section
25-7-407
.
L. 84: Entire part added, p. 782, § 1, effective April 12. L. 87: Entire section amended, p. 1143, § 7, effective June 16. L. 2005: Entire section amended, p. 772, § 49, effective June 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-411 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that air pollution in the state of Colorado is a threat to the health and welfare of its citizens and that a major contributor to said pollution is wood smoke, which accounts for twenty-five to forty percent of the brown cloud, fifteen to thirty percent of small particulate matter, hereafter referred to as PM 10, up to ten percent of carbon monoxide, and a portion of toxic, cancer-causing chemicals.
(2)
The general assembly further finds, determines, and declares that PM 10 particulates created by wood burning threaten the public health in that said particulates are so small that they lodge in persons' lungs and inhibit the body's pulmonary function. Such pollutant is particularly damaging to persons with lung disease, cardiovascular disease, and chronic upper respiratory conditions, to the very young and elderly, and to pregnant women. The brown cloud is a threat to the economic health of the state because it discourages businesses and tourists from coming to Colorado. Wood burning is one of the most easily controllable sources of air pollution. New technologies can dramatically reduce pollution caused by wood burning. In addition, the reduction of wood burning can reduce the amount of fine particulate emissions into the air.
(3)
Therefore, the general assembly finds that it is necessary to implement a plan to further reduce wood smoke emissions in the AIR program area and, therefore, enacts sections
25-7-411
to
25-7-413
to encourage and promote the reduction of wood-burning devices and the use of less polluting devices by taking advantage of new technology.
L. 92: Entire section added, p. 1319, § 1, effective May 27.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 4 - CONTROL OF POLLUTION CAUSED BY WOOD SMOKE (§§ 25-7-401 — 25-7-413) › Section 25-7-412 - Definitions

As used in sections
25-7-411
to
25-7-413
, unless the context otherwise requires:
(1)
"Fireplace insert" means any wood-burning device designed to be installed in an existing fireplace which meets the Phase III standard, as such term is defined in subsection (2) of this section.
(2)
"Phase III wood stove" means any wood-burning device that meets the most stringent standards adopted by the commission pursuant to section
25-7-106.3(1)
or any nonaffected wood-burning device that is approved by the commission.
(3)
"Program area" means the portions of the five counties in the AIR program area, including Adams, Arapahoe, Boulder, Douglas, and Jefferson, and the cities and counties of Denver and Broomfield.
Amended by 2018 Ch. 274,§ 61, eff. 5/29/2018.
L. 92: Entire section added, p. 1320, § 1, effective May 27. L. 2018: (3) amended, (HB 18-1375), ch. 274, p. 1714, § 61, effective May 29.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
Amended by 2022 Ch. 362,§3, eff. 8/10/2022.
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.
This section is similar to former § 25-7-501 as it existed prior to 1987.
2022 Ch. 362, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
Amended by 2022 Ch. 362,§6, eff. 8/10/2022.
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.
2022 Ch. 362, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
L. 87: Entire part R&RE, p. 1148, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
L. 90: Entire section added, p. 1320, § 3, effective May 24. L. 2006: Entire section amended, p. 123, § 4, effective March 27.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.)
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.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
L. 2001: Entire section added, p. 773, § 7, effective June 1. L. 2006: (3) amended, p. 123, § 5, effective March 27.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
Amended by 2022 Ch. 362, § 7, eff. 8/10/2022.
L. 87: Entire part R&RE, p. 1149, § 1, effective July 1. L. 92: Entire section amended, p. 1232, § 38, effective July 1.
2022 Ch. 362, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
Amended by 2022 Ch. 362, § 8, eff. 8/10/2022.
L. 95: Entire section added, p. 22, § 4, effective July 1. L. 2006: (2)(b) amended, p. 125, § 9, effective March 27.
2022 Ch. 362, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
L. 87: Entire part R&RE, p. 1150, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
Amended by 2022 Ch. 362,§9, eff. 8/10/2022.
Added by 2013 Ch. 85,§3, eff. 3/29/2013.
L. 2013: Entire section added, (SB 13-152), ch. 85, p. 272, § 3, effective March 29.
2022 Ch. 362, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 25-7-510 - Fees

(1)
(a)
The fees required pursuant to this part 5 shall be established pursuant to rules and regulations promulgated by the commission.
(b)
The commission shall adjust the fees so that the revenue generated from such fees is sufficient to cover the division's direct and indirect costs in implementing the provisions of this part 5.
(2)
All fees collected by the division pursuant to this part 5 shall be transmitted to the state treasurer, who shall credit the same to the stationary sources control fund established pursuant to section
25-7-114.7(2)(b)
. The general assembly shall appropriate to the department of public health and environment, at least annually, from the fund, an amount sufficient to implement the provisions of this part 5.
L. 87: Entire part R&RE, p. 1150, § 1, effective July 1. L. 92: (2) amended, p. 1233, § 40, effective July 1. L. 94: (2) amended, p. 2787, § 510, effective July 1.
For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
L. 90: Entire section added, p. 1323, § 7, effective May 24.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 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.
Amended by 2022 Ch. 362, § 10, eff. 8/10/2022.
L. 90: Entire section added, p. 1323, § 7, effective May 24.
2022 Ch. 362, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 5 - ASBESTOS CONTROL (§§ 25-7-501 — 25-7-512) › Section 25-7-512 - Repeal of part

This part 5 is repealed, effective September 1, 2027. Before the repeal, the functions of the division under this part 5 are scheduled for review in accordance with section
24-34-104
.
Amended by 2022 Ch. 362,§2, eff. 8/10/2022.
Amended by 2013 Ch. 85,§2, eff. 3/29/2013.
L. 87: Entire part R&RE, p. 1151, § 1, effective July 1. L. 88: Entire section amended, p. 931, § 16, effective April 28. L. 90: Entire section amended, p. 1324, § 8, effective May 24. L. 91: Entire section amended, p. 688, § 57, effective April 20. L. 94: Entire section amended, p. 1457, § 9, effective May 25. L. 95: Entire section amended, p. 24, § 6, effective July 1. L. 2001: Entire section amended, p. 771, § 3, effective June 1. L. 2006: Entire section amended, p. 122, § 1, effective March 27. L. 2013: Entire section amended, (SB 13-152), ch. 85, p. 271, § 2, effective March 29.
2022 Ch. 362, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 6 - DIESEL INSPECTION PROGRAM (§ 25-7-601) › Section 25-7-601 - to 25-7-610 - [Repealed]

(1) This part 6 was added in 1988, effective January 1, 1990. The provisions of this part 6 were relocated to part 4 of article
4
of title
42
.
(2) Section 25-7-610 provided for the repeal of this part 6, effective January 1, 1995. (See L. 94, p. 2541.)
For current provisions concerning the diesel emissions program, see part 4 of article 4 of title 42.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 7 - TRAVEL REDUCTION TASK FORCE (§ 25-7-701) › Section 25-7-701 - to 25-7-706 - [Repealed]

(1) This part 7 was added in 1990 and was not amended prior to its repeal in 1991.
(2) Section 25-7-706 provided for the repeal of this part 7, effective July 1, 1991. (See L. 90, p. 1328.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 8 - TRAVEL REDUCTION PROGRAM (§ 25-7-801) › Section 25-7-801 - to 25-7-806 - [Repealed]

(1) This part 8 was added in 1991.
(2) Section 25-7-806 provided for the repeal of this part 8, effective July 1, 1994. (See L. 91, p. 981.)
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 7 - AIR QUALITY CONTROL (§§ 25-7-101 — 25-7-1604) › Part 9 - CLEAN AIR TRANSIT OPTIONS (§§ 25-7-901 — 25-7-903) › Section 25-7-901 - Legislative declaration

The general assembly hereby declares that the state's effort to mitigate traffic congestion and promote clean air will be served by providing clean air transit options to state employees.
L. 96: Entire part added, p. 853, § 1, effective May 23.