(1) A long-term care warranty shall be subject to immediate forfeiture whenever the department determines that any one of the following circumstances exist:
(a) The licensee is in violation of long-term care requirements as specified in the license and the regulations and has failed to cure such violation although the licensee has been given written notice thereof pursuant to section 25-11-107 (5) and has had reasonable time to cure such violation; or
(b) The licensee has failed to provide an acceptable replacement warranty when:
(I) The licensee's financial warrantor no longer has the financial ability to carry out obligations under this article; or
(II) The department has received notice or information that the financial warrantor intends to cancel, terminate, or revoke the warranty; or
(c) The licensee has failed to maintain its financial assurance warranty in good standing as required by section 25-11-110 (6)(a).
(2) (a) A long-term care warranty shall be subject to immediate use and expenditure by the department whenever the department determines that disposal, decommissioning, and decontamination requirements specified in the license conditions and regulations have been satisfied. The department shall give the licensee written notice of the department's intent to use the long-term care warranty for long-term care purposes. The notice shall contain findings of fact and conclusions of law to support its decision and shall direct affected financial warrantors to deliver to the department the full amounts warranted by applicable long-term care warranties within not more than thirty days after the date of the notice.
(b) The licensee may request a hearing on a notice under paragraph (a) of this subsection (2) that shall be conducted in accordance with section 24-4-105, C.R.S. Any request for a hearing under this subsection (2) shall be made within thirty days after the date of the notice and shall not affect the obligation to submit to the department funds from long-term care warranties unless a stay is granted by the department or by administrative or judicial order.
(3) The department may request the attorney general, and the attorney general is authorized, to commence legal proceedings necessary to secure or recover amounts warranted by long-term care warranties. The attorney general shall have the power to collect, foreclose upon, present for payment, take possession of, or dispose of pledged property, and otherwise reduce to cash any financial assurance arrangement required by this article.
(4) (a) Long-term care funds recovered by the department pursuant to this section shall be immediately deposited into the long-term care fund created in section 25-11-113 and shall be used solely for the long-term care for the facility covered by the financial assurance warranty and to cover the department's reasonable attorney and administrative costs associated with long-term care for such facility.
(b) The department or its agent shall have a right to enter property of the licensee to perform long-term care and monitoring. Upon completion of long-term care activities, the department shall present to the licensee a full accounting and shall refund all unspent warranty moneys, including interest.
Source: L. 97: Entire section added, p. 1637, � 2, effective August 15.
25-11-113. Forfeitures - deposit - radiation control - decommissioning fund - long-term care fund - repeal. (1) The department is hereby authorized to collect funds from forfeited decommissioning warranties and from long-term care warranties.
(2) (a) The decommissioning fund is created in the state treasury. The fund is interest-bearing and invested to return the maximum income feasible as determined by the state treasurer and consistent with otherwise applicable state law. All money collected from decommissioning warranties pursuant to this section shall be transmitted to the state treasurer, who shall credit the same to the decommissioning fund. All money deposited in the fund shall remain in the fund for the purposes set forth in this article 11, and no part of the fund shall be expended or appropriated for any other purpose.
(b) The moneys in the fund shall be continuously appropriated for the purposes set forth in this part 1 and shall not be transferred to or revert to the general fund.
(c) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the decommissioning fund to the decommissioning fund.
(II) Notwithstanding subsections (2)(a) and (2)(b) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the decommissioning fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer five hundred eighty-five thousand seven hundred five dollars from the decommissioning fund to the general fund.
(B) This subsection (2)(c)(III) is repealed, effective July 1, 2026.
(3) Moneys in the decommissioning fund shall be available for use by the department for the sole purpose of disposing of radioactive materials and completing decontamination and decommissioning of affected buildings, fixtures, equipment, personal property, and lands, and to cover the department's reasonable attorney costs that may be incurred in successfully revoking, foreclosing, or realizing any decommissioning warranty, and reasonable administrative costs, including indirect costs, incurred by the department in conducting disposal, decontamination, and decommissioning.
(4) (a) A fund to be known as the long-term care fund is hereby created and established in the state treasury. Such fund shall be interest-bearing and invested to return the maximum income feasible as determined by the state treasurer and consistent with otherwise applicable state law. All moneys collected from long-term care warranties pursuant to this section shall be transmitted to the state treasurer who shall credit the same to the long-term care fund. All moneys deposited in the fund and all interest earned on moneys in the fund shall remain in the fund for the purposes set forth in this part 1 and no part thereof shall be expended or appropriated for any other purpose.
(b) Moneys in the long-term care fund shall be annually appropriated by the general assembly to the department in an amount sufficient to implement the provisions of this part 1.
(c) Moneys in the long-term care fund shall be available for use by the department for the sole purposes of:
(I) Performing annual site inspections to confirm the integrity of the stabilized waste system, environmental monitoring, and maintenance of the waste disposal site, including fixtures, cover, and equipment;
(II) Covering the department's reasonable attorney costs that may be incurred in successfully collecting or realizing any long-term care warranty, and reasonable administrative costs, including indirect costs, incurred by the department in conducting long-term care of the disposal facility.
Source: L. 97: Entire section added, p. 1638, � 2, effective August 15. L. 99: (2)(a) and (4)(a) amended, p. 625, � 27, effective August 4. L. 2010: (2)(a) amended, (HB 10-1348), ch. 388, p. 1819, � 4, effective June 8. L. 2025: (2)(a) amended and (2)(c) added, (SB 25-317), ch. 385, p. 2159, � 40, effective June 3.
Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
25-11-114. Legislative declaration - public education regarding radon gas - assistance to low-income individuals for radon mitigation in their homes. (1) The general assembly finds, determines, and declares that:
(a) Radon, an odorless, colorless, radioactive gas, is the leading cause of lung 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) Indoor radon ranks among the most serious environmental health problems;
(d) Colorado ranks seventh in the nation for highest potential radon risk;
(e) All of Colorado's counties are at high risk for radon, and fifty percent of Colorado homes have radon levels that should be mitigated;
(f) An estimated five hundred Coloradans die from radon-induced lung cancer annually, causing more deaths than drunk driving, house fires, carbon monoxide, and drowning combined; and
(g) Increased education and awareness of the harmful effects of radon exposure will help save the lives of Coloradans and reduce the burden of health-care costs from radon-induced lung cancer.
(2) The department shall establish a radon education and awareness program. As a part of the program, the department shall:
(a) Provide radon information and education statewide to citizens, businesses, and others in need of information;
(b) Work collaboratively with radon contractors and citizens to resolve questions and concerns regarding the installation of safe, healthy, and efficient radon mitigation systems; and
(c) Collaborate with local governments to provide information on best practices for radon mitigation strategies.
(3) Effective January 1, 2017, the department shall establish a radon mitigation assistance program to provide financial assistance to low-income individuals for radon mitigation in their homes. The state board of health shall set the program requirements, including eligibility requirements for financial assistance.
(4) The department shall use money in the hazardous substance response fund, established in section 25-16-104.6, to finance the radon education and awareness program and the radon mitigation assistance program.
Source: L. 2016: Entire section added, (HB 16-1141), ch. 128, p. 364, � 1, effective August 10.