HOUSE BILL 22-1313
BY REPRESENTATIVE(S) 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;
also SENATOR(S) Moreno, Bridges, Buckner, Donovan, Fields, Ginal,
Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Lee, Pettersen, Rodriguez,
Smallwood, Sonnenberg, Story, Winter, Zenzinger, Fenberg.
C
ONCERNING HOUSING REQUIREMENTS FOR AGRICULTURAL WORKERS
DURING A PUBLIC HEALTH EMERGENCY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 8-14.4-109, amend
(1)(a), (1)(b), and (1)(c); and add (2) as follows:
8-14.4-109. Agricultural employers - responsibilities during
public health emergency - worker safety protections - definition.
(1) During a public health emergency, in addition to the other protections
and rights afforded to workers, a principal engaged in agricultural
employment shall:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS
SECTION
, provide each worker living in employer-provided housing with:
(I)
(A) In a single-occupancy unit where the worker is housed alone,
at least eighty square feet of combined sleeping and living quarters;
(II) (B) In multiple-occupancy housing, at least one hundred square
feet of sleeping quarters per worker and one hundred twenty square feet of
space per worker in areas used for combined purposes such as meal
preparation and eating; and
(III)
(C) In all housing, screened windows that open to the outside
or living space that has an air filtration system.
(II) A
PRINCIPAL ENGAGED IN AGRICULTURAL EMPLOYMENT MAY , AS
AN ALTERNATIVE TO COMPLYING WITH SUBSECTION
(1)(a)(I) OF THIS
SECTION
, COMPLY WITH ALTERNATIVE PROTECTIONS APPLICABLE TO
HOUSING IDENTIFIED IN A PUBLIC HEALTH ORDER ISSUED BY THE
DEPARTMENT
.
(b) Provide each worker actively engaged in the open-range
production of livestock with:
(I) A single occupancy mobile housing unit, regardless of any
variances otherwise available pursuant to 20 CFR 655.235;
OR
(II) ALTERNATIVE PROTECTIONS APPLICABLE TO HOUSING IDENTIFIED
IN A PUBLIC HEALTH ORDER ISSUED BY THE DEPARTMENT
;
(c) Allow the
DEPARTMENT TO CONSULT WITH THE department of
public health and environment to routinely inspect employer-provided
housing to ensure compliance with guidelines issued by the department of
public health and environment applicable to a public health emergency and
any applicable executive orders issued by the governor during a disaster
emergency declared pursuant to section 24-33.5-704 (4) IN ENFORCING THIS
SECTION
;
(2) A
S USED IN THIS SECTION, "PUBLIC HEALTH EMERGENCY " MEANS
A STATEWIDE PUBLIC HEALTH EMERGENCY DECLARED BY EXECUTIVE ORDER
REGARDING
COVID-19, THE CORONAVIRUS DISEASE CAUSED BY THE SEVERE
PAGE 2-HOUSE BILL 22-1313 ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2, ALSO KNOWN AS
SARS-COV-2, OR ANOTHER COMMUNICABLE DISEASE AS DEFINED IN
SECTION
25-1.5-102 (1)(a)(IV) THAT IS TRANSMISSIBLE FROM PERSON TO
PERSON
.
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, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 3-HOUSE BILL 22-1313