First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0364.01 Megan McCall x4215
HOUSE BILL 23-1075
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING EVACUATION AND CLEARANCE TIME MODELING IN101
WILDFIRE RISK AREAS OF THE STATE .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
.)
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
interjurisdictional emergency management agency, or homeowners'
HOUSE SPONSORSHIP
Snyder,
SENATE SPONSORSHIP
(None),
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. 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. Resources for evacuation and clearance time4
modeling - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE5
CONTEXT OTHERWISE REQUIRES :6
(a) "E
LIGIBLE ENTITY" MEANS A LOCAL OR INTERJURISDICTIONAL7
EMERGENCY MANAGEMENT AGENCY , FIRE DEPARTMENT AS DEFINED IN8
SECTION 24-33.5-1202 (3.9), GOVERNING BODY OF A POLITICAL9
SUBDIVISION, OR HOMEOWNERS' ASSOCIATION THAT IS LOCATED IN OR10
PROVIDES SERVICES TO TERRITORY IN A WILDFIRE RISK AREA .11
(b) "S
TATE FOREST SERVICE" MEANS THE COLORADO STATE12
FOREST SERVICE IDENTIFIED IN SECTION 23-31-302 AND THE DIVISION OF13
FORESTRY CREATED IN SECTION 24-33-104.14
(c) "W
ILDFIRE RISK AREA" MEANS AN AREA DESIGNATED AS HIGH15
RISK OR HIGHEST RISK FOR WILDFIRE BY THE STATE FOREST SERVICE IN ITS16
HB23-1075-2- MOST RECENT PUBLICLY AVAILABLE STATEWIDE WILDFIRE RISK1
ASSESSMENT MAP OR TOOL.2
(2) A
N ELIGIBLE ENTITY MAY REQUEST , AND THE OFFICE OF3
EMERGENCY MANAGEMENT SHALL PROVIDE , RESOURCES AND TECHNICAL4
ASSISTANCE TO:5
(a) P
ERFORM EVACUATION AND CLEARANCE TIME MODELING FOR6
THE ELIGIBLE ENTITY'S SERVICE AREA, TERRITORY, OR JURISDICTION; AND7
(b) P
UBLISH THE INFORMATION TO AN INTERACTIVE WEBSITE THAT :8
(I) A
LLOWS INDIVIDUALS TO LOOK UP INFORMATION ON9
EVACUATION ROUTES, ZONES, AND CLEARANCE TIMES FOR A SPECIFIC10
ADDRESS;11
(II) P
ROVIDES INFORMATION ON HOW TO RECEIVE AND LOCATE12
EVACUATION INFORMATION DURING AN EMERGENCY ; AND13
(III) E
DUCATES INDIVIDUALS ON HOW TO MAKE EVACUATION14
DECISIONS FOR THEIR OWN SAFETY DURING AN EMERGENCY .15
(3) T
HE OFFICE OF EMERGENCY MANAGEMENT SHALL CONDUCT AN16
OUTREACH AND EDUCATION CAMPAIGN TO ADVISE ELIGIBLE ENTITIES OF17
THE AVAILABILITY OF ASSISTANCE FOR EVACUATION AND CLEARANCE18
TIME MODELING. THE OFFICE OF EMERGENCY MANAGEMENT MAY19
COLLABORATE WITH THE DEPARTMENT OF LOCAL AFFAIRS , THE DIVISION20
OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC21
SAFETY, AND OTHER STATE OR LOCAL AGENCIES TO PROMOTE AWARENESS22
OF EVACUATION AND CLEARANCE TIME MODELING .23
(4) O
N AND AFTER JULY 1, 2026, EACH LOCAL AND24
INTERJURISDICTIONAL EMERGENCY MANAGEMENT AGENCY WITH25
JURISDICTION IN A WILDFIRE RISK AREA SHALL PERFORM EVACUATION AND26
CLEARANCE TIME MODELING AND INCLUDE THAT INFORMATION AS PART27
HB23-1075
-3- OF THE EMERGENCY MANAGEMENT PLAN REQUIRED BY SECTION1
24-33.5-707
(8) FOR ITS AREA.2
SECTION 2. In Colorado Revised Statutes, add 29-22.5-106 as3
follows:4
29-22.5-106. Requirement of evacuation and clearance time5
modeling - legislative declaration - definitions. (1) T
HE GENERAL6
ASSEMBLY FINDS AND DECLARES THAT :7
(a) W
ILDFIRE PREPAREDNESS FOR THE RESIDENTS OF THE STATE IS8
A MATTER OF STATEWIDE CONCERN ; AND9
(b) W
HILE INDIVIDUAL LAND USE DEVELOPMENT APPROVAL10
DECISIONS ARE MATTERS OF LOCAL CONCERN , ENSURING THAT11
DEVELOPERS OF RESIDENTIAL OR MIXED-USE DEVELOPMENTS IN AREAS OF12
THE STATE AT HIGH RISK OF WILDFIRES HAVE CONSIDERED AND13
PERFORMED EVACUATION AND CLEARANCE TIME MODELING FOR THE14
DEVELOPMENT IS A MATTER OF STATEWIDE CONCERN AND NECESSARY FOR15
THE PRESERVATION OF THE ENVIRONMENT AND OF PUBLIC HEALTH ,16
SAFETY, AND WELFARE IN COLORADO.17
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE18
REQUIRES:19
(a) "D
EVELOPER" MEANS ANY PERSON, FIRM, PARTNERSHIP, JOINT20
VENTURE, ASSOCIATION, OR CORPORATION PARTICIPATING AS OWNER ,21
PROMOTER, DEVELOPER, OR SALES AGENT IN THE PLANNING, PLATTING,22
DEVELOPMENT, PROMOTION, SALE, OR LEASE OF A DEVELOPMENT.23
(b) "D
EVELOPMENT" MEANS A RESIDENTIAL OR MIXED -USE24
DEVELOPMENT THAT WILL HAVE TEN OR MORE SINGLE FAMILY HOMES OR25
MULTIFAMILY UNITS.26
(c) "L
OCAL GOVERNMENT " MEANS A COUNTY , A CITY AND27
HB23-1075
-4- COUNTY, OR A MUNICIPALITY THAT HAS A GOVERNING BODY THAT1
APPROVES DEVELOPMENT APPLICATIONS AND THAT HAS AN AREA WITHIN2
ITS BOUNDARIES THAT IS IN A WILDFIRE RISK AREA.3
(d) "W
ILDFIRE RISK AREA" HAS THE SAME MEANING AS SET FORTH4
IN SECTION 24-33.5-718 (1)(c).5
(3) O
N AND AFTER JANUARY 1, 2024, A DEVELOPER SHALL NOT6
SUBMIT AN APPLICATION TO A LOCAL GOVERNMENT FOR A DEVELOPMENT7
PERMIT FOR A PROPOSED DEVELOPMENT UNLESS THE DEVELOPER HAS8
PERFORMED EVACUATION AND CLEARANCE TIME MODELING FOR THE9
PROPOSED DEVELOPMENT AND SUBMITS INFORMATION REGARDING THE10
EVACUATION AND CLEARANCE TIME MODELING PERFORMED TO THE LOCAL11
GOVERNMENT WITH THE APPLICATION .12
(4) A
LOCAL GOVERNMENT SHALL NOT APPROVE AN APPLICATION13
FOR A DEVELOPMENT PERMIT SUBMITTED ON OR AFTER JANUARY 1, 2024,14
UNLESS IT DETERMINES IN ITS SOLE DISCRETION, AFTER CONSIDERING THE15
APPLICATION AND ALL OF THE INFORMATION PROVIDED , THAT THE16
DEVELOPER HAS SATISFACTORILY DEMONSTRATED THAT THE EVACUATION17
AND CLEARANCE TIME MODELING FOR THE PROPOSED DEVELOPMENT IS18
ADEQUATE. A LOCAL GOVERNMENT SHALL MAKE THE DETERMINATION19
REQUIRED BY THIS SUBSECTION (4) ONLY ONCE DURING THE DEVELOPMENT20
PERMIT APPROVAL PROCESS UNLESS THE SIZE OR DENSITY OF THE SPECIFIC21
PROJECT FOR WHICH THE DEVELOPMENT PERMIT IS SOUGHT MATERIALLY22
CHANGES. A LOCAL GOVERNMENT HAS DISCRETION TO DETERMINE THE23
STAGE IN THE DEVELOPMENT PERMIT APPROVAL PROCESS AT WHICH THE24
DETERMINATION IS MADE.25
SECTION 3. Safety clause. The general assembly hereby finds,26
HB23-1075
-5- determines, and declares that this act is necessary for the immediate1
preservation of the public peace, health, or safety.2
HB23-1075
-6-