Today the State House passed Represenative Jack Pommer’s HB-1338, the “Homeowner Protection Act of 2007,” which restores Coloradans’ legal remedies in cases of defective home construction.

In the wake of the 2003 “Construction Defect Action Reform Act,” homebuilders began using contract language which explicitly excluded them from liability for faulty construction. One such contract stated in part:

“To the fullest extent permitted by law, all other warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, workmanship and habitability are disclaimed, excluded, and waived.” (emphasis added)

Witnesses in the House Judiciary Committee hearing on the bill testified about cracked foundations, faulty roofing, and other major flaws in recently purchased homes. In some cases these flaws compelled these homeowners to leave their homes, despite having just committed most of their savings to them.

The bill will now be heard in the State Senate.

You can read Rep. Pommer’s bill here

Rep. Jack Pommer’s web site

Today Governor Bill Ritter signed two significant pieces of renewable energy legislation to move Colorado’s New Energy Economy forward.

House Bill 1281, sponsored by Senator Gail Schwartz and Representative Jack Pommer, doubles the renewable energy standard created by 2004’s Amendment 37. Large utilities must now generate 20% of their electrical output from renewable sources by 2020, instead of 10%. Municipal utilities and rural electrical generators must achieve 10% renewable production by 2020; they were not covered by the goals set by Amendment 37.

One study showed that House Bill 1281 would provide $50 million in lease payments to farmers, ranchers and other landowners and increase employment by 4,100 person-years.

Senate Bill 100, sponsored by Senate President Joan Fitz-Gerald and Represenative Buffie McFadyen requires electric utilies to designate “Energy Resource Zones” every two years - areas where potential electricity generation from wind sources is impeded by insufficient transmission capacity. Utilities would then have to increase transmission capacity from those areas; they would be permitted to recover construction costs.

Both bills enjoyed bi-partisan support. House Bill 1281 passed the House 59-5 and the Senate 27-8. Senate Bill 100 passed the Senate 33-2 and the House 63-2.

To read the full text of the bills:

House Bill 1281

Senate Bill 100