First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0364.01 Megan McCall x4215
HOUSE BILL 23-1075
House Committees Senate Committees
Agriculture, Water & Natural Resources Agriculture & Natural Resources
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING EVACUATION AND CLEARANCE TIME MODELING IN101
WILDFIRE RISK AREAS OF THE
STATE, AND, IN CONNECTION102
THEREWITH, MAKING AN APPROPRIATION .103
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
.)
Section 1 of the bill directs the office of emergency management
(office) to provide resources and technical assistance to an eligible entity
to conduct evacuation and clearance time modeling and to publish the
results to an interactive website. An eligible entity includes a fire
department, governing body of a political subdivision, local or
SENATE
2nd Reading Unamended
April 26, 2023
HOUSE
3rd Reading Unamended
April 11, 2023
HOUSE
Amended 2nd Reading
April 10, 2023
HOUSE SPONSORSHIP
Snyder and Joseph, Amabile, Bacon, Bird, Boesenecker, Brown, Dickson, English,
Froelich, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lindsay, Lynch, Marshall,
Martinez, McCluskie, McCormick, Michaelson Jenet, Ricks, Sirota, Story, Velasco, Young
SENATE SPONSORSHIP
Exum,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. interjurisdictional emergency management agency, or homeowners'
association that is located in or provides services to a wildfire risk area.
The office is required to conduct an outreach and education campaign to
advise eligible agencies of the program.
On and after July 1, 2026, each local and interjurisdictional
emergency management agency that has jurisdiction in a wildfire risk area
must perform evacuation and clearance time modeling and include the
information in the emergency management plan for its area.
Section 2 requires that, beginning on January 1, 2024, for
proposed developments of a certain size, a developer must perform
evacuation and clearance time modeling for the proposed development
and submit the information to the local government that will consider the
application for a development permit for approval. A local government
cannot approve an application for a development permit submitted on or
after that date unless the application includes the evacuation and
clearance time modeling and the local government determines that it is
adequate for the proposed development.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-33.5-718 as2
follows:3
24-33.5-718. Evacuation and clearance time modeling study -4
definitions - report - repeal. (1) AS USED IN THIS SECTION, UNLESS THE5
CONTEXT OTHERWISE REQUIRES :6
(a) "DEVELOPER" MEANS ANY PERSON, FIRM, PARTNERSHIP, JOINT7
VENTURE, ASSOCIATION, OR CORPORATION PARTICIPATING AS OWNER,8
PROMOTER, DEVELOPER, OR SALES AGENT IN THE PLANNING, PLATTING,9
DEVELOPMENT, PROMOTION, SALE, OR LEASE OF A DEVELOPMENT.10
(b) "DEVELOPMENT" MEANS A RESIDENTIAL OR MIXED -USE11
DEVELOPMENT THAT WILL HAVE TEN OR MORE SINGLE FAMILY HOMES OR12
MULTIFAMILY UNITS.13
(c) "STATE FOREST SERVICE" MEANS THE COLORADO STATE14
FOREST SERVICE IDENTIFIED IN SECTION 23-31-302 AND THE DIVISION OF15
FORESTRY CREATED IN SECTION 24-33-104.16
1075-2- (d) "WILDFIRE RISK AREA" MEANS AN AREA DESIGNATED AS HIGH1
RISK OR HIGHEST RISK FOR WILDFIRE BY THE STATE FOREST SERVICE IN ITS2
MOST RECENT PUBLICLY AVAILABLE STATEWIDE WILDFIRE RISK3
ASSESSMENT MAP OR TOOL.4
(2) (a) THE OFFICE OF EMERGENCY MANAGEMENT SHALL STUDY5
THE EFFICACY AND FEASIBILITY OF LOCAL OR INTERJURISDICTIONAL6
EMERGENCY MANAGEMENT AGENCIES WITH JURISDICTION IN A WILDFIRE7
RISK AREA INTEGRATING EVACUATION AND CLEARANCE TIME MODELING8
INTO THE EMERGENCY MANAGEMENT PLAN THAT IS REQUIRED BY SECTION9
24-33.5-707 (8) FOR ITS AREA.10
(b) THE STUDY, AT A MINIMUM, MUST:11
(I) IDENTIFY AND ASSESS THE AVAILABILITY OF TECHNOLOGY TO12
ASSIST WITH EVACUATION AND CLEARANCE TIME MODELING ;13
(II) EVALUATE THE FEASIBILITY OF REQUIRING DEVELOPERS TO14
PERFORM EVACUATION AND CLEARANCE TIME MODELING FOR PROPOSED15
DEVELOPMENTS IN A WILDFIRE RISK AREA ; AND16
(III) BE COMPLETED ON OR BEFORE DECEMBER 1, 2023.17
(3) THE OFFICE OF EMERGENCY MANAGEMENT MAY COLLABORATE18
WITH THE DEPARTMENT OF LOCAL AFFAIRS, THE DIVISION OF FIRE19
PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY, AND20
OTHER STATE OR LOCAL AGENCIES IN UNDERTAKING THE STUDY REQUIRED21
BY SUBSECTION (2)(a) OF THIS SECTION.22
(4) THE OFFICE OF EMERGENCY MANAGEMENT SHALL REPORT THE23
STUDY FINDINGS TO THE SENATE AGRICULTURE AND NATURAL RESOURCES24
COMMITTEE AND THE HOUSE OF REPRESENTATIVES AGRICULTURE , WATER,25
AND NATURAL RESOURCES COMMITTEE , OR THEIR SUCCESSOR COMMITTEES26
DURING THE 2024 LEGISLATIVE SESSION.27
1075
-3- (5) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2024.1
SECTION 2. Appropriation. For the 2023-24 state fiscal year,2
$45,000 is appropriated to the department of public safety for use by the3
division of homeland security and emergency management. This4
appropriation is from the general fund. To implement this act, the division5
may use this appropriation for program administration related to the6
office of emergency management.7
SECTION 3. Safety clause. The general assembly hereby finds,8
determines, and declares that this act is necessary for the immediate9
preservation of the public peace, health, or safety.10
1075
-4-