Colorado 2023 Regular Session

Colorado House Bill HB1075 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REVISED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the Second House
	7	+	LLS NO. 23-0364.01 Megan McCall x4215
1	8		HOUSE BILL 23-1075
2		-	BY REPRESENTATIVE(S) Snyder and Joseph, Amabile, Bacon, Bird,
3		-	Boesenecker, Brown, Dickson, English, Froelich, Gonzales-Gutierrez,
4		-	Hamrick, Herod, Jodeh, Lieder, Lindsay, Lynch, Marshall, Martinez,
5		-	McCormick, Michaelson Jenet, Ricks, Sirota, Story, Velasco, Young,
6		-	McCluskie;
7		-	also SENATOR(S) Exum, Buckner, Coleman, Cutter, Fields, Ginal,
8		-	Hansen, Jaquez Lewis, Marchman, Mullica, Priola, Roberts, Sullivan,
9		-	Winter F., Fenberg.
	9	+	House Committees Senate Committees
	10	+	Agriculture, Water & Natural Resources Agriculture & Natural Resources
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
10	13		C
11		-	ONCERNING EVACUATION AND CLEARANCE TIME MODELING IN WILDFIRE
12		-	RISK AREAS OF THE STATE
13		-	, AND, IN CONNECTION THEREWITH, MAKING
14		-	AN APPROPRIATION
15		-	.
16		-
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, add 24-33.5-718 as
19		-	follows:
20		-	24-33.5-718. Evacuation and clearance time modeling study -
21		-	definitions - report - repeal. (1) A
22		-	S USED IN THIS SECTION, UNLESS THE
23		-	CONTEXT OTHERWISE REQUIRES
24		-	:
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. (a) "DEVELOPER" MEANS ANY PERSON, FIRM, PARTNERSHIP, JOINT
33		-	VENTURE
34		-	, ASSOCIATION, OR CORPORATION PARTICIPATING AS OWNER ,
35		-	PROMOTER, DEVELOPER, OR SALES AGENT IN THE PLANNING , PLATTING,
36		-	DEVELOPMENT, PROMOTION, SALE, OR LEASE OF A DEVELOPMENT.
37		-	(b) "D
38		-	EVELOPMENT" MEANS A RESIDENTIAL OR MIXED -USE
39		-	DEVELOPMENT THAT WILL HAVE TEN OR MORE SINGLE FAMILY HOMES OR
40		-	MULTIFAMILY UNITS
41		-	.
42		-	(c) "S
43		-	TATE FOREST SERVICE" MEANS THE COLORADO STATE FOREST
44		-	SERVICE IDENTIFIED IN SECTION
45		-	23-31-302 AND THE DIVISION OF FORESTRY
46		-	CREATED IN SECTION
47		-	24-33-104.
48		-	(d) "W
49		-	ILDFIRE RISK AREA" MEANS AN AREA DESIGNATED AS HIGH
50		-	RISK OR HIGHEST RISK FOR WILDFIRE BY THE STATE FOREST SERVICE IN ITS
51		-	MOST RECENT PUBLICLY AVAILABLE STATEWIDE WILDFIRE RISK ASSESSMENT
52		-	MAP OR TOOL
53		-	.
54		-	(2) (a) T
55		-	HE OFFICE OF EMERGENCY MANAGEMENT SHALL STUDY THE
56		-	EFFICACY AND FEASIBILITY OF LOCAL OR INTERJURISDICTIONAL EMERGENCY
57		-	MANAGEMENT AGENCIES WITH JURISDICTION IN A WILDFIRE RISK AREA
58		-	INTEGRATING EVACUATION AND CLEARANCE TIME MODELING INTO THE
59		-	EMERGENCY MANAGEMENT PLAN THAT IS REQUIRED BY SECTION
60		-	24-33.5-707 (8) FOR ITS AREA.
61		-	(b) T
62		-	HE STUDY, AT A MINIMUM, MUST:
63		-	(I) I
64		-	DENTIFY AND ASSESS THE AVAILABILITY OF TECHNOLOGY TO
65		-	ASSIST WITH EVACUATION AND CLEARANCE TIME MODELING
66		-	;
67		-	(II) E
68		-	VALUATE THE FEASIBILITY OF REQUIRING DEVELOPERS TO
69		-	PERFORM EVACUATION AND CLEARANCE TIME MODELING FOR PROPOSED
70		-	DEVELOPMENTS IN A WILDFIRE RISK AREA
71		-	; AND
72		-	(III) BE COMPLETED ON OR BEFORE DECEMBER 1, 2023.
73		-	(3) T
74		-	HE OFFICE OF EMERGENCY MANAGEMENT MAY COLLABORATE
75		-	WITH THE DEPARTMENT OF LOCAL AFFAIRS
76		-	, THE DIVISION OF FIRE
77		-	PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY
78		-	, AND
79		-	OTHER STATE OR LOCAL AGENCIES IN UNDERTAKING THE STUDY REQUIRED
80		-	PAGE 2-HOUSE BILL 23-1075 BY SUBSECTION (2)(a) OF THIS SECTION.
81		-	(4) T
82		-	HE OFFICE OF EMERGENCY MANAGEMENT SHALL REPORT THE
83		-	STUDY FINDINGS TO THE SENATE AGRICULTURE AND NATURAL RESOURCES
84		-	COMMITTEE AND THE HOUSE OF REPRESENTATIVES AGRICULTURE
85		-	, WATER,
86		-	AND NATURAL RESOURCES COMMITTEE , OR THEIR SUCCESSOR COMMITTEES
87		-	DURING THE
88		-	2024 LEGISLATIVE SESSION.
89		-	(5) T
90		-	HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2024.
91		-	SECTION 2. Appropriation. For the 2023-24 state fiscal year,
92		-	$45,000 is appropriated to the department of public safety for use by the
93		-	division of homeland security and emergency management. This
94		-	appropriation is from the general fund. To implement this act, the division
95		-	may use this appropriation for program administration related to the office
96		-	of emergency management.
97		-	PAGE 3-HOUSE BILL 23-1075 SECTION 3. Safety clause. The general assembly hereby finds,
98		-	determines, and declares that this act is necessary for the immediate
99		-	preservation of the public peace, health, or safety.
100		-	____________________________ ____________________________
101		-	Julie McCluskie Steve Fenberg
102		-	SPEAKER OF THE HOUSE PRESIDENT OF
103		-	OF REPRESENTATIVES THE SENATE
104		-	____________________________ ____________________________
105		-	Robin Jones Cindi L. Markwell
106		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
107		-	OF REPRESENTATIVES THE SENATE
108		-	APPROVED________________________________________
109		-	(Date and Time)
110		-	_________________________________________
111		-	Jared S. Polis
112		-	GOVERNOR OF THE STATE OF COLORADO
113		-	PAGE 4-HOUSE BILL 23-1075
	14	+	ONCERNING EVACUATION AND CLEARANCE TIME MODELING IN101
	15	+	WILDFIRE RISK AREAS OF THE
	16	+	STATE, AND, IN CONNECTION102
	17	+	THEREWITH, MAKING AN APPROPRIATION .103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Section 1 of the bill directs the office of emergency management
	26	+	(office) to provide resources and technical assistance to an eligible entity
	27	+	to conduct evacuation and clearance time modeling and to publish the
	28	+	results to an interactive website. An eligible entity includes a fire
	29	+	department, governing body of a political subdivision, local or
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	April 26, 2023
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	April 11, 2023
	36	+	HOUSE
	37	+	Amended 2nd Reading
	38	+	April 10, 2023
	39	+	HOUSE SPONSORSHIP
	40	+	Snyder and Joseph, Amabile, Bacon, Bird, Boesenecker, Brown, Dickson, English,
	41	+	Froelich, Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lindsay, Lynch, Marshall,
	42	+	Martinez, McCluskie, McCormick, Michaelson Jenet, Ricks, Sirota, Story, Velasco, Young
	43	+	SENATE SPONSORSHIP
	44	+	Exum,
	45	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	46	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	47	+	Dashes through the words or numbers indicate deletions from existing law. interjurisdictional emergency management agency, or homeowners'
	48	+	association that is located in or provides services to a wildfire risk area.
	49	+	The office is required to conduct an outreach and education campaign to
	50	+	advise eligible agencies of the program.
	51	+	On and after July 1, 2026, each local and interjurisdictional
	52	+	emergency management agency that has jurisdiction in a wildfire risk area
	53	+	must perform evacuation and clearance time modeling and include the
	54	+	information in the emergency management plan for its area.
	55	+	Section 2 requires that, beginning on January 1, 2024, for
	56	+	proposed developments of a certain size, a developer must perform
	57	+	evacuation and clearance time modeling for the proposed development
	58	+	and submit the information to the local government that will consider the
	59	+	application for a development permit for approval. A local government
	60	+	cannot approve an application for a development permit submitted on or
	61	+	after that date unless the application includes the evacuation and
	62	+	clearance time modeling and the local government determines that it is
	63	+	adequate for the proposed development.
	64	+	Be it enacted by the General Assembly of the State of Colorado:1
	65	+	SECTION 1. In Colorado Revised Statutes, add 24-33.5-718 as2
	66	+	follows:3
	67	+	24-33.5-718. Evacuation and clearance time modeling study -4
	68	+	definitions - report - repeal. (1) AS USED IN THIS SECTION, UNLESS THE5
	69	+	CONTEXT OTHERWISE REQUIRES :6
	70	+	(a) "DEVELOPER" MEANS ANY PERSON, FIRM, PARTNERSHIP, JOINT7
	71	+	VENTURE, ASSOCIATION, OR CORPORATION PARTICIPATING AS OWNER,8
	72	+	PROMOTER, DEVELOPER, OR SALES AGENT IN THE PLANNING, PLATTING,9
	73	+	DEVELOPMENT, PROMOTION, SALE, OR LEASE OF A DEVELOPMENT.10
	74	+	(b) "DEVELOPMENT" MEANS A RESIDENTIAL OR MIXED -USE11
	75	+	DEVELOPMENT THAT WILL HAVE TEN OR MORE SINGLE FAMILY HOMES OR12
	76	+	MULTIFAMILY UNITS.13
	77	+	(c) "STATE FOREST SERVICE" MEANS THE COLORADO STATE14
	78	+	FOREST SERVICE IDENTIFIED IN SECTION 23-31-302 AND THE DIVISION OF15
	79	+	FORESTRY CREATED IN SECTION 24-33-104.16
	80	+	1075-2- (d) "WILDFIRE RISK AREA" MEANS AN AREA DESIGNATED AS HIGH1
	81	+	RISK OR HIGHEST RISK FOR WILDFIRE BY THE STATE FOREST SERVICE IN ITS2
	82	+	MOST RECENT PUBLICLY AVAILABLE STATEWIDE WILDFIRE RISK3
	83	+	ASSESSMENT MAP OR TOOL.4
	84	+	(2) (a) THE OFFICE OF EMERGENCY MANAGEMENT SHALL STUDY5
	85	+	THE EFFICACY AND FEASIBILITY OF LOCAL OR INTERJURISDICTIONAL6
	86	+	EMERGENCY MANAGEMENT AGENCIES WITH JURISDICTION IN A WILDFIRE7
	87	+	RISK AREA INTEGRATING EVACUATION AND CLEARANCE TIME MODELING8
	88	+	INTO THE EMERGENCY MANAGEMENT PLAN THAT IS REQUIRED BY SECTION9
	89	+	24-33.5-707 (8) FOR ITS AREA.10
	90	+	(b) THE STUDY, AT A MINIMUM, MUST:11
	91	+	(I) IDENTIFY AND ASSESS THE AVAILABILITY OF TECHNOLOGY TO12
	92	+	ASSIST WITH EVACUATION AND CLEARANCE TIME MODELING ;13
	93	+	(II) EVALUATE THE FEASIBILITY OF REQUIRING DEVELOPERS TO14
	94	+	PERFORM EVACUATION AND CLEARANCE TIME MODELING FOR PROPOSED15
	95	+	DEVELOPMENTS IN A WILDFIRE RISK AREA ; AND16
	96	+	(III) BE COMPLETED ON OR BEFORE DECEMBER 1, 2023.17
	97	+	(3) THE OFFICE OF EMERGENCY MANAGEMENT MAY COLLABORATE18
	98	+	WITH THE DEPARTMENT OF LOCAL AFFAIRS, THE DIVISION OF FIRE19
	99	+	PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY, AND20
	100	+	OTHER STATE OR LOCAL AGENCIES IN UNDERTAKING THE STUDY REQUIRED21
	101	+	BY SUBSECTION (2)(a) OF THIS SECTION.22
	102	+	(4) THE OFFICE OF EMERGENCY MANAGEMENT SHALL REPORT THE23
	103	+	STUDY FINDINGS TO THE SENATE AGRICULTURE AND NATURAL RESOURCES24
	104	+	COMMITTEE AND THE HOUSE OF REPRESENTATIVES AGRICULTURE , WATER,25
	105	+	AND NATURAL RESOURCES COMMITTEE , OR THEIR SUCCESSOR COMMITTEES26
	106	+	DURING THE 2024 LEGISLATIVE SESSION.27
	107	+	1075
	108	+	-3- (5) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2024.1
	109	+	SECTION 2. Appropriation. For the 2023-24 state fiscal year,2
	110	+	$45,000 is appropriated to the department of public safety for use by the3
	111	+	division of homeland security and emergency management. This4
	112	+	appropriation is from the general fund. To implement this act, the division5
	113	+	may use this appropriation for program administration related to the6
	114	+	office of emergency management.7
	115	+	SECTION 3. Safety clause. The general assembly hereby finds,8
	116	+	determines, and declares that this act is necessary for the immediate9
	117	+	preservation of the public peace, health, or safety.10
	118	+	1075
	119	+	-4-