Colorado 2022 Regular Session

Colorado House Bill HB1313 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0856.02 Kristen Forrestal x4217
1	8		HOUSE BILL 22-1313
2		-	BY REPRESENTATIVE(S) McCormick and Caraveo, Bacon, Bernett,
3		-	Bird, Boesenecker, Cutter, Duran, Esgar, Exum, Gonzales-Gutierrez,
4		-	Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie,
5		-	Michaelson Jenet, Sirota, Titone, Woodrow;
6		-	also SENATOR(S) Moreno, Bridges, Buckner, Donovan, Fields, Ginal,
7		-	Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Lee, Pettersen, Rodriguez,
8		-	Smallwood, Sonnenberg, Story, Winter, Zenzinger, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Agriculture, Livestock, & Water Agriculture & Natural Resources
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING HOUSING REQUIREMENTS FOR AGRICULTURAL WORKERS
11		-	DURING A PUBLIC HEALTH EMERGENCY
12		-	.
13		-	Be it enacted by the General Assembly of the State of Colorado:
14		-	SECTION 1. In Colorado Revised Statutes, 8-14.4-109, amend
15		-	(1)(a), (1)(b), and (1)(c); and add (2) as follows:
16		-	8-14.4-109. Agricultural employers - responsibilities during
17		-	public health emergency - worker safety protections - definition.
18		-	(1) During a public health emergency, in addition to the other protections
19		-	and rights afforded to workers, a principal engaged in agricultural
20		-	employment shall:
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. (a) (I) EXCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS
29		-	SECTION
30		-	, provide each worker living in employer-provided housing with:
	13	+	ONCERNING HOUSING REQUIREMENTS FOR AGRICULTURAL WORKERS101
	14	+	DURING A PUBLIC HEALTH EMERGENCY .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Current law specifies housing requirements for agricultural
	23	+	workers with which agricultural employers must comply during a public
	24	+	health emergency. The bill clarifies that these requirements apply only
	25	+	during a statewide public health emergency that concerns COVID-19.
	26	+	The bill allows an alternative to compliance with the existing housing
	27	+	requirements by authorizing a person engaged in agricultural employment
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	April 26, 2022
	31	+	SENATE
	32	+	2nd Reading Unamended
	33	+	April 25, 2022
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	April 8, 2022
	37	+	HOUSE
	38	+	Amended 2nd Reading
	39	+	April 7, 2022
	40	+	HOUSE SPONSORSHIP
	41	+	McCormick and Caraveo, Bacon, Bernett, Bird, Boesenecker, Cutter, Duran, Esgar,
	42	+	Exum, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCluskie,
	43	+	Michaelson Jenet, Sirota, Titone, Woodrow
	44	+	SENATE SPONSORSHIP
	45	+	Moreno, Bridges, Buckner, Donovan, Fenberg, Fields, Ginal, Gonzales, Hinrichsen, Jaquez
	46	+	Lewis, Kolker, Lee, Pettersen, Rodriguez, Smallwood, Sonnenberg, Story, Winter, Zenzinger
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	49	+	Dashes through the words indicate deletions from existing statute. to instead comply with alternative protections identified in a public health
	50	+	order issued by the department of public health and environment.
	51	+	Be it enacted by the General Assembly of the State of Colorado:1
	52	+	SECTION 1. In Colorado Revised Statutes, 8-14.4-109, amend2
	53	+	(1)(a), (1)(b), and (1)(c); and add (2) as follows:3
	54	+	8-14.4-109. Agricultural employers - responsibilities during4
	55	+	public health emergency - worker safety protections - definition.5
	56	+	(1) During a public health emergency, in addition to the other protections6
	57	+	and rights afforded to workers, a principal engaged in agricultural7
	58	+	employment shall:8
	59	+	(a) (I) E
	60	+	XCEPT AS PROVIDED IN SUBSECTION (1)(a)(II) OF THIS9
	61	+	SECTION, provide each worker living in employer-provided housing with:10
31	62		(I)
32		-	(A) In a single-occupancy unit where the worker is housed alone,
33		-	at least eighty square feet of combined sleeping and living quarters;
34		-	(II) (B) In multiple-occupancy housing, at least one hundred square
35		-	feet of sleeping quarters per worker and one hundred twenty square feet of
36		-	space per worker in areas used for combined purposes such as meal
37		-	preparation and eating; and
38		-	(III)
39		-	(C) In all housing, screened windows that open to the outside
40		-	or living space that has an air filtration system.
	63	+	(A) In a single-occupancy unit where the worker is housed11
	64	+	alone, at least eighty square feet of combined sleeping and living quarters;12
	65	+	(II) (B) In multiple-occupancy housing, at least one hundred13
	66	+	square feet of sleeping quarters per worker and one hundred twenty14
	67	+	square feet of space per worker in areas used for combined purposes such15
	68	+	as meal preparation and eating; and16
	69	+	(III) (C) In all housing, screened windows that open to the outside17
	70	+	or living space that has an air filtration system.18
41	71		(II) A
42		-	PRINCIPAL ENGAGED IN AGRICULTURAL EMPLOYMENT MAY , AS
43		-	AN ALTERNATIVE TO COMPLYING WITH SUBSECTION
44		-	(1)(a)(I) OF THIS
45		-	SECTION
46		-	, COMPLY WITH ALTERNATIVE PROTECTIONS APPLICABLE TO
47		-	HOUSING IDENTIFIED IN A PUBLIC HEALTH ORDER ISSUED BY THE
48		-	DEPARTMENT
49		-	.
50		-	(b) Provide each worker actively engaged in the open-range
51		-	production of livestock with:
52		-	(I) A single occupancy mobile housing unit, regardless of any
	72	+	PRINCIPAL ENGAGED IN AGRICULTURAL EMPLOYMENT MAY ,19
	73	+	AS AN ALTERNATIVE TO COMPLYING WITH SUBSECTION (1)(a)(I) OF THIS20
	74	+	SECTION, COMPLY WITH ALTERNATIVE PROTECTIONS APPLICABLE TO21
	75	+	HOUSING IDENTIFIED IN A PUBLIC HEALTH ORDER ISSUED BY THE22
	76	+	DEPARTMENT.23
	77	+	(b) Provide each worker actively engaged in the open-range24
	78	+	production of livestock with:25
	79	+	1313-2- (I) A single occupancy mobile housing unit, regardless of any1
53	80		variances otherwise available pursuant to 20 CFR 655.235;
54		-	OR
55		-	(II) ALTERNATIVE PROTECTIONS APPLICABLE TO HOUSING IDENTIFIED
56		-	IN A PUBLIC HEALTH ORDER ISSUED BY THE DEPARTMENT
57		-	;
58		-	(c) Allow the
59		-	DEPARTMENT TO CONSULT WITH THE department of
60		-	public health and environment to routinely inspect employer-provided
61		-	housing to ensure compliance with guidelines issued by the department of
62		-	public health and environment applicable to a public health emergency and
63		-	any applicable executive orders issued by the governor during a disaster
64		-	emergency declared pursuant to section 24-33.5-704 (4) IN ENFORCING THIS
65		-	SECTION
66		-	;
	81	+	OR2
	82	+	(II) A
	83	+	LTERNATIVE PROTECTIONS APPLICABLE TO HOUSING3
	84	+	IDENTIFIED IN A PUBLIC HEALTH ORDER ISSUED BY THE DEPARTMENT ;4
	85	+	(c) Allow the DEPARTMENT TO CONSULT WITH THE department of5
	86	+	public health and environment to routinely inspect employer-provided6
	87	+	housing to ensure compliance with guidelines issued by the department7
	88	+	of public health and environment applicable to a public health emergency;8
	89	+	and any applicable executive orders issued by the governor during a9
	90	+	disaster emergency declared pursuant to section 24-33.5-704 (4) IN10
	91	+	ENFORCING THIS SECTION; orders issued by the governor during a disaster11
	92	+	emergency declared pursuant to section 24-33.5-704 (4);12
67	93		(2) A
68		-	S USED IN THIS SECTION, "PUBLIC HEALTH EMERGENCY " MEANS
69		-	A STATEWIDE PUBLIC HEALTH EMERGENCY DECLARED BY EXECUTIVE ORDER
70		-	REGARDING
71		-	COVID-19, THE CORONAVIRUS DISEASE CAUSED BY THE SEVERE
72		-	PAGE 2-HOUSE BILL 22-1313 ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2, ALSO KNOWN AS
73		-	SARS-COV-2, OR ANOTHER COMMUNICABLE DISEASE AS DEFINED IN
74		-	SECTION
75		-	25-1.5-102 (1)(a)(IV) THAT IS TRANSMISSIBLE FROM PERSON TO
76		-	PERSON
77		-	.
78		-	SECTION 2. Safety clause. The general assembly hereby finds,
79		-	determines, and declares that this act is necessary for the immediate
80		-	preservation of the public peace, health, or safety.
81		-	____________________________ ____________________________
82		-	Alec Garnett Steve Fenberg
83		-	SPEAKER OF THE HOUSE PRESIDENT OF
84		-	OF REPRESENTATIVES THE SENATE
85		-	____________________________ ____________________________
86		-	Robin Jones Cindi L. Markwell
87		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
88		-	OF REPRESENTATIVES THE SENATE
89		-	APPROVED________________________________________
90		-	(Date and Time)
91		-	_________________________________________
92		-	Jared S. Polis
93		-	GOVERNOR OF THE STATE OF COLORADO
94		-	PAGE 3-HOUSE BILL 22-1313
	94	+	S USED IN THIS SECTION, "PUBLIC HEALTH EMERGENCY "13
	95	+	MEANS A STATEWIDE PUBLIC HEALTH EMERGENCY DECLARED BY14
	96	+	EXECUTIVE ORDER REGARDING COVID-19, THE CORONAVIRUS DISEASE15
	97	+	CAUSED BY THE SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS16
	98	+	2,
	99	+	ALSO KNOWN AS
	100	+	SARS-COV-2, OR ANOTHER COMMUNICABLE DISEASE17
	101	+	AS DEFINED IN SECTION 25-1.5-102 (1)(a)(IV) THAT IS TRANSMISSIBLE18
	102	+	FROM PERSON TO PERSON.19
	103	+	SECTION 2. Safety clause. The general assembly hereby finds,20
	104	+	determines, and declares that this act is necessary for the immediate21
	105	+	preservation of the public peace, health, or safety.22
	106	+	1313
	107	+	-3-