Second Regular Session Seventy-third General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 22-0856.02 Kristen Forrestal x4217 HOUSE BILL 22-1313 House Committees Senate Committees Agriculture, Livestock, & Water A BILL FOR AN ACT C ONCERNING HOUSING REQUIREMENTS FOR AGRICULTURAL WORKERS101 DURING A PUBLIC HEALTH EMERGENCY .102 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://leg.colorado.gov .) Current law specifies housing requirements for agricultural workers with which agricultural employers must comply during a public health emergency. The bill clarifies that these requirements apply only during a statewide public health emergency that concerns COVID-19. The bill allows an alternative to compliance with the existing housing requirements by authorizing a person engaged in agricultural employment HOUSE 3rd Reading Unamended April 8, 2022 HOUSE Amended 2nd Reading April 7, 2022 HOUSE SPONSORSHIP McCormick and Caraveo, Bacon, Bernett, Bird, Boesenecker, Cutter, Duran, Esgar, Exum, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie, Michaelson Jenet, Sirota, Titone, Woodrow SENATE SPONSORSHIP Moreno, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. to instead comply with alternative protections identified in a public health order issued by the department of public health and environment. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 8-14.4-109, amend2 (1)(a), (1)(b), and (1)(c); and add (2) as follows:3 8-14.4-109. Agricultural employers - responsibilities during4 public health emergency - worker safety protections - definition.5 (1) During a public health emergency, in addition to the other protections6 and rights afforded to workers, a principal engaged in agricultural7 employment shall:8 (a) (I) E XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS9 SECTION, provide each worker living in employer-provided housing with:10 (I) (A) In a single-occupancy unit where the worker is housed11 alone, at least eighty square feet of combined sleeping and living quarters;12 (II) (B) In multiple-occupancy housing, at least one hundred13 square feet of sleeping quarters per worker and one hundred twenty14 square feet of space per worker in areas used for combined purposes such15 as meal preparation and eating; and16 (III) (C) In all housing, screened windows that open to the outside17 or living space that has an air filtration system.18 (II) A PRINCIPAL ENGAGED IN AGRICULTURAL EMPLOYMENT MAY ,19 AS AN ALTERNATIVE TO COMPLYING WITH SUBSECTION (1)(a)(I) OF THIS20 SECTION, COMPLY WITH ALTERNATIVE PROTECTIONS APPLICABLE TO21 HOUSING IDENTIFIED IN A PUBLIC HEALTH ORDER ISSUED BY THE22 DEPARTMENT.23 (b) Provide each worker actively engaged in the open-range24 production of livestock with:25 1313-2- (I) A single occupancy mobile housing unit, regardless of any1 variances otherwise available pursuant to 20 CFR 655.235; OR2 (II) A LTERNATIVE PROTECTIONS APPLICABLE TO HOUSING3 IDENTIFIED IN A PUBLIC HEALTH ORDER ISSUED BY THE DEPARTMENT ;4 (c) Allow the DEPARTMENT TO CONSULT WITH THE department of5 public health and environment to routinely inspect employer-provided6 housing to ensure compliance with guidelines issued by the department7 of public health and environment applicable to a public health emergency;8 and any applicable executive orders issued by the governor during a9 disaster emergency declared pursuant to section 24-33.5-704 (4) IN10 ENFORCING THIS SECTION; orders issued by the governor during a disaster11 emergency declared pursuant to section 24-33.5-704 (4);12 (2) A S USED IN THIS SECTION, "PUBLIC HEALTH EMERGENCY "13 MEANS A STATEWIDE PUBLIC HEALTH EMERGENCY DECLARED BY14 EXECUTIVE ORDER REGARDING COVID-19, THE CORONAVIRUS DISEASE15 CAUSED BY THE SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS16 2, ALSO KNOWN AS SARS-COV-2, OR ANOTHER COMMUNICABLE DISEASE17 AS DEFINED IN SECTION 25-1.5-102 (1)(a)(IV) THAT IS TRANSMISSIBLE18 FROM PERSON TO PERSON.19 SECTION 2. Safety clause. The general assembly hereby finds,20 determines, and declares that this act is necessary for the immediate21 preservation of the public peace, health, or safety.22 1313 -3-