HOUSE BILL 04-1182

BY REPRESENTATIVE(S): Cloer, Boyd, Clapp, Coleman, Frangas, Jahn, Stafford, Tochtrop, White, Wiens, Borodkin, Butcher, Hodge, Merrifield, Paccione, Weddig, and Williams S.;
also by SENATORS(S): Hillman, Sandoval, Arnold, Chlouber, Entz, Evans, Fitz-Gerald, Gordon, Groff, Grossman, Hanna, Phillips, Tapia, Taylor, Tupa, and Windels.

CONCERNING STANDARDS FOR THE CLEANUP OF ILLEGAL DRUG LABORATORIES.

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) - "Board" means the State Board of Health in 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, and vehicles.
(4) - "Property owners", for the purposes of real property, means the person holding record fee title to real property. "Property owner" also means the person holding the title to a manufactured home.

25-18.5-102. Illegal Drug Laboratories - Rules. The board shall promulgate rules that establish the acceptable standards for the cleanup of illegal laboratories used to manufacture methamphetamine. The rules shall consider the findings of the hazardous materials and waste management division of the department of public health and environment in the July 2003 report titled "Cleanup of Clandestine Methamphetamine Labs Guidance Document" or a successor document outlining best practice standards for methamphetamine laboratory cleanup.

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, or when an illegal drug laboratory used to manufacture methamphetamine is otherwise discovered and the property owner has received notice, the owner of such property shall meet the cleanup standards for property established by the board in section 25-18.5-102; except that a property owner may, at his or her option, elect instead to demolish the contaminated property. If the owner elects to demolish the contaminated property, the governing body with jurisdiction over the area where the property is located may require the owner to fence off the property or otherwise make it inaccessible to persons for occupancy or intrusion.
(2) Once a property owner has met the cleanup standards established by the board, as evidenced by a test performed by a certified industrial hygienist of an industrial hygienist as defined by section 24-30-1402, C.R.S., and as evidenced by a copy of the results provided to the governing body, or has demolished the property, compliance with subsection (1) of this section shall establish immunity for the property owner from a suit for alleged health-based civil actions brought by any future owner, renter, or or other person who occupies such property, or a neighbor such property, in which the alleged cause of the injury or loss is the existence of the illegal drug laboratory used to manufacture methamphetamine; except that immunity from a civil suit is not established for the person convicted for the production of methamphetamine.

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.

01/14/2004 Introduced In House - Assigned to Health, Environment, Welfare, & Institutions
02/02/2004 House Committee on Health, Environment, Welfare, & Institutions Pass Amended to House Committee of the Whole
02/06/2004 House Second Reading Special Order - Laid Over Daily
02/09/2004 House Second Reading Special Order - Passed with Amendments
02/10/2004 House Third Reading Passed
02/11/2004 Introduced In Senate - Assigned to Local Government
02/19/2004 Senate Committee on Local Government Pass Amended to Senate Committee of the Whole
02/24/2004 Senate Second Reading Laid Over to 02/27/2004
02/24/2004 Senate Committee of the Whole Amendment - Change from -----------
02/27/2004 Senate Second Reading Special Order - Passed with Amendments
02/27/2004 Senate Committee of the Whole Amendment - Change from -----------
03/01/2004 Senate Third Reading Laid Over Daily
03/02/2004 Senate Third Reading Passed with Amendments
03/08/2004 House Considered Senate Amendments - Result was to Laid Over Daily03/08/2004
03/09/2004 House Considered Senate Amendments - Result was to Laid Over Daily03/09/2004
03/09/2004 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
03/12/2004 Senate Consideration of First Conference Committee Report result was to Adhere
03/26/2004 House Considered Senate Amendments - Result was to Concur - Repass
03/26/2004 House Consideration of First Conference Committee Report result was to Recede
04/15/2004 Signed by the Speaker of the House
04/16/2004 Signed by the President of the Senate
04/16/2004 Sent to the Governor
04/21/2004 Governor Action - Signed

SENATE BILL 05-217

BY SENATOR(S) Grossman, Bacon, Entz, Evans, Fitz-Gerald, Groff, Hanna, Kester, Shaffer, Tapia, Teck, Tochtrop, Wiens, and Williams;
also by REPRESENTATIVE(S) Hodge, Berens, Colman, Frangas, May M., Merrifield, Ragsdale, and Todd.

CONCERNING THE MITIGATION OF POTENTIAL HEALTH HAZARDS POSED BY PROPERTY CONTAMINATED BY AN ILLEGAL DRUG LABORATORY.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 25-18.5-101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

25-18.5-101. Definitions. As used in this article, unless the context otherwise requires:
(2.5) "Governing Body" means the agency or office designated by the city council or board of county commissioners where the property in question is located. If there is no such designation, the governing body shall be the health department, building department, and law enforcement agency with jurisdiction over the property in question.

SECTION 2. 25-18.5-103, Colorado Revised Statutes, is amended to read:

25-18.5-103. Discovery of illegal drug laboratory - property owner - clean-up - liability.
(1)(a) Upon notification from a peace officer that chemicals, equipment, or supplies indicative of an illegal drug laboratory are located on a property, or when an illegal drug laboratory used to manufacture methamphetamine is otherwise discovered and the property owner has received notice, the owner of any contaminated property shall meet the cleanup standards for property established by the board in section 25-18.5-102; except that a property owner may, at his or her option and subject to paragraph (b) of this subsection (1), elect instead to demolish the contaminated property. If the owner elects to demolish the contaminated property, the governing body or, if none has been designated, the health department, building department, or law enforcement agency with jurisdiction over the area where the property is located may require the owner to fence off the property or otherwise make it inaccessible to persons for occupancy or intrusion.
(b) An owner of any personal property within a structure or vehicle contaminated by illegal drug laboratory activity shall have ten days after the date of discovery of the laboratory or contamination to remove or clean his or her personal property according to board rules. If the personal property owner fails to remove the personal property within ten days, the owner of the structure or vehicle may dispose of the personal property during the cleanup process without liability to the owner of the personal property for such disposition.
(2) Once a property owner has met the clean-up standards and documentation requirements established by the board, as evidenced by a copy of the results provided to the governing body, or has demolished the property, compliance with subsection (1) of this section shall establish immunity for the property owner from a suit for alleged health-based civil actions brought by any future owner, renter, or other person who occupies such property, or a neighbor of such property, in which the alleged cause of the injury or loss is the existence of the illegal drug laboratory used to manufacture methamphetamine; except that immunity from a civil suit is not established for the person convicted for the production of methamphetamine.
(3) A person who removes personal property or debris from a drug laboratory shall secure the property and debris to prevent theft or exposing another person to any toxic or hazardous chemicals until the property and debris is appropriately disposed of or cleaned according to board rules.

SECTION 3. Article 18.5 of title 25, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

25-18.5-104. Entry into illegal drug laboratories. If a structure or vehicle has been determined to be contaminated or if a governing body or law enforcement agency issues a notice of probable contamination, the owner of the structure or vehicle shall not permit any person to have access to the structure or vehicle unless the person is trained or certified to handle contaminated property pursuant to board rules or federal law.

25-18.5-105. Drug laboratories - governing body - authority.
(1) An illegal drug laboratory that has not met the cleanup standards set by the board in section 25-18.5-102 shall be deemed a public health nuisance.
(2) Governing bodies may enact ordinances or resolutions to enforce this article, including, but are not limited to, preventing unauthorized entry into contaminated property; requiring contaminated property to meet cleanup standards before it is occupied; notifying the public of contaminated property; coordinating services and sharing information between law enforcement, building, public health, and social services agencies and officials; and charging reasonable inspection and testing fees.

SECTION 4. 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.

Summarized History for Bill Number SB05-217
(The date the bill passed to the committee of the whole reflects the date the bill passed out of committee.)

04/07/2005 Introduced In Senate - Assigned to Health and Human Services
04/21/2005 Senate Committee on Health and Human Services Pass Amended to Senate Committee of the Whole
04/26/2005 Senate Second Reading Laid Over
04/27/2005 Senate Second Reading Passed with Amendments
04/28/2005 Introduced In House - Assigned to Local Government
04/28/2005 Senate Third Reading Passed
05/03/2005 House Committee on Local Government Pass Unamended to House Committee of the Whole
05/05/2005 House Second Reading Special Order - Passed
05/05/2005 House Third Reading Passed
05/20/2005 Signed by the President of the Senate
05/23/2005 Signed by the Speaker of the House
05/23/2005 Sent to the Governor
06/09/2005 Governor Action - Became Law