HOUSE BILL 24-1155
BY REPRESENTATIVE(S) Velasco, Bacon, Bird, Boesenecker, Brown,
Clifford, deGruy Kennedy, Duran, Froelich, Garcia, Hamrick, Herod,
Jodeh, Joseph, Kipp, Lindsay, Lynch, Mabrey, Marshall, McCormick,
Rutinel, Snyder, Titone, Young, McCluskie, Amabile, Catlin, English,
Epps, McLachlan, Ortiz, Parenti, Ricks, Story, Valdez A.;
also SENATOR(S) Cutter, Bridges, Buckner, Exum, Gonzales,
Jaquez Lewis, Michaelson Jenet, Priola, Roberts.
C
ONCERNING MODIFICATIONS TO THE STATUTES THAT GUIDE THE
MANAGEMENT OF CERTAIN PUBLIC SAFETY EMERGENCIES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-77-104, amend (7)
as follows:
24-77-104. State emergency reserve - cash fund - creation -
declaration of emergency - reimbursement of emergency reserve
expenditures - definition. (7) (a) Beginning July 1, 2021, if any money in
a fund that is designated by the general assembly as part of the state
emergency reserve is expended and the state subsequently receives a
reimbursement for the expenditure, then the state treasurer shall deposit the
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. reimbursement into the fund that was the original source of the money. This
subsection (7) applies regardless of whether the expenditure is made
directly from the fund or if it is transferred from the fund to the disaster
emergency fund, created in section 24-33.5-706 (2)(a), or any other fund,
or if the expenditure is of money in the fund that was previously reimbursed
before being spent again.
(b) A
S USED IN THIS SUBSECTION (7), "REIMBURSEMENT" MEANS A
REPAYMENT OF EXPENDITURES FOR WHICH THE STATE PREVIOUSLY
DESIGNATED EMERGENCY MONEY
. FEDERAL COST SHARE PROVIDED
THROUGH A FEDERAL EMERGENCY MA NAGEMENT AGENCY PUBLIC
ASSISTANCE GRANT PURSUANT TO THE FEDERAL
"ROBERT T. STAFFORD
DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT", AS AMENDED, 42
U.S.C.
SEC. 5121 ET SEQ., IS NOT A "REIMBURSEMENT" FOR THE PURPOSES OF
THIS SUBSECTION
(7).
SECTION 2. In Colorado Revised Statutes, 29-22-102, amend (1)
as follows:
29-22-102. Hazardous substance incidents - response authorities
- designation - definition. (1) It is the purpose of this section to provide
for the designation of emergency response authorities for hazardous
substance incidents. Every emergency response authority designated in or
pursuant to this section is responsible for providing and maintaining the
capability for emergency response to a hazardous substance incident
occurring within its jurisdiction. An emergency response authority may
provide and maintain the capability for such response directly or through
mutual aid or other agreements, including an agreement with a private entity
to support the emergency response authority, responding fire departments,
or other government agencies. Subject to the provisions of local or regional
response agreements for hazardous substance incidents, the first emergency
response authority, or its public agency designee through mutual aid or
otherwise, to arrive at the scene of the incident, regardless of whether the
incident occurs within its jurisdiction, is responsible for the emergency
response as incident commander until such time as the emergency response
authority that has jurisdiction over the incident site has arrived. after which
unified command shall be followed until the emergency response has
concluded. As used in this section, "emergency response to a hazardous
substance incident" means taking the initial emergency action necessary to
minimize the effects or threat of adverse effects of a hazardous substance
PAGE 2-HOUSE BILL 24-1155 incident on human health or the environment.
SECTION 3. In Colorado Revised Statutes, 29-22.5-102, add (1.5)
as follows:
29-22.5-102. Definitions. As used in this article 22.5, unless the
context otherwise requires:
(1.5) "F
IRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH IN
SECTION
24-33.5-1202 (3.9).
SECTION 4. In Colorado Revised Statutes, 29-22.5-103, amend
(1)(a), (1)(b), (2), (3)(a), and (3)(c); and add (5) as follows:
29-22.5-103. Wildland fires - general authority and
responsibilities. (1) (a) The chief of the fire department in each fire
protection district in the state is responsible for the management of wildland
fires that occur within the
JURISDICTIONAL boundaries of his or her districtTHE CHIEF'S DEPARTMENT and that are within the capability of the fire
district DEPARTMENT to control or extinguish in accordance with the
provisions of section 32-1-1002 (3)(a). C.R.S.
(b) The fire chief may utilize mutual aid agreements and unified
command with neighboring fire protection districts DEPARTMENTS to
suppress and control fires that cross or threaten to cross the boundaries of
the district JURISDICTIONAL BOUNDARIES.
(2) (a) The sheriff is the fire warden of the county and is responsible
for the planning for, and the coordination of, efforts to suppress wildfires
occurring in the unincorporated area of the county outside the boundaries
of a fire protection district
DEPARTMENT or that exceed the capabilities of
the fire protection district DEPARTMENT to control or extinguish in
accordance with the provisions of section 30-10-513. C.R.S.
(b) In the case of a wildfire that exceeds the capabilities of the fire
protection district DEPARTMENT to control or extinguish and that requires
mutual aid and outside resources, the sheriff shall appoint a local incident
management team AN INCIDENT COMMANDER to provide the command and
control infrastructure required to manage the fire. The sheriff shall assume
financial responsibility for fire fighting efforts on behalf of the county and
PAGE 3-HOUSE BILL 24-1155 the authority for the ordering and monitoring of resources.
(c) In the case of a wildfire that exceeds the capability of the county
to control or extinguish, the sheriff shall be IS responsible for seeking the
assistance of the state, by requesting assistance from the division. The
sheriff and the director shall enter into an agreement concerning the transfer
of authority and responsibility for fire suppression and the retention of
responsibilities. under a unified command structure.
(3) (a) The division shall be IS the lead state agency for wildland fire
RESPONSE AND suppression. as identified in the Colorado state emergency
operations plan and in accordance with the provisions of section 23-31-301,
C.R.S.
(c) In case of a wildland fire that exceeds the capability of the
county to control or extinguish, the division may assist the sheriff in
controlling or extinguishing such fires, and may assume command of such
incidents with the concurrence of the sheriff. under a unified command
structure.
(5) THE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND FIRE
IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT COMMAND
SYSTEM
.
SECTION 5. In Colorado Revised Statutes, 29-22.5-104, amend
(1) introductory portion as follows:
29-22.5-104. County wildfire preparedness plan. (1) The sheriff
of each county may develop and update as necessary a wildfire
preparedness plan for the unincorporated area of the county in cooperation
with any fire district
OR DEPARTMENT with jurisdiction over such
unincorporated area. Any such plan shall:
SECTION 6. In Colorado Revised Statutes, amend 30-10-512 as
follows:
30-10-512. Sheriff to act as fire warden. Subject to the provisions
of the community wildfire protection plan prepared by the county in
accordance with section 30-15-401.7, ANY RELEVANT PLANS OR
AGREEMENTS
, the sheriff of every county, in addition to other duties, shall
PAGE 4-HOUSE BILL 24-1155 act as fire warden of his or her THE SHERIFF'S respective county and is
responsible for the coordination of fire suppression efforts in case of prairie,
forest, or wildland fires or wildfires occurring in the unincorporated area of
the county outside the boundaries of a fire protection district
DEPARTMENT
or that exceed the capabilities of the fire protection district DEPARTMENT to
control or extinguish.
SECTION 7. In Colorado Revised Statutes, 30-10-513, amend (1);
and add (5) and (6) as follows:
30-10-513. Duties of sheriff - coordination of fire suppression
efforts for forest, prairie, or wildland fire - expenses - definition.
(1) (a) Subject to the provisions of the community wildfire protection plan
prepared by the county in accordance with section 30-15-401.7, ANY
RELEVANT PLANS OR AGREEMENTS
, it is the duty of the sheriff to assume the
responsibility for coordinating fire suppression efforts in case of any prairie,
forest, or wildland fire or wildfire occurring in the unincorporated area of
the county outside the boundaries of a fire protection district
DEPARTMENT
or that exceed the capabilities of the fire protection district DEPARTMENT to
control or extinguish.
(b) In the case of a prairie, forest, or wildland fire occurring within
the
JURISDICTIONAL boundaries of one or more fire protection districts
DEPARTMENTS that does not exceed the capabilities of the fire protection
district DEPARTMENT to control or extinguish, the sheriff OR THE DIVISION
OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY
may assist the chief of the fire protection district
DEPARTMENT in
controlling or extinguishing such fire, and, in connection with such
assistance, the sheriff may solicit such additional assistance from such
persons as the sheriff and the fire chief deem necessary. The sheriff may
assume command of such incidents with the concurrence of the fire chief.
(c) In the case of a prairie, forest, or wildland fire that exceeds the
capabilities of the fire protection district
DEPARTMENT to control or
extinguish and that requires mutual aid and outside resources, the sheriff
shall appoint a local incident management team
AN INCIDENT COMMANDER
to provide the command and control infrastructure required to manage the fire. The sheriff shall assume financial responsibility for fire fighting efforts on behalf of the county and the authority for the ordering and monitoring of resources.
PAGE 5-HOUSE BILL 24-1155 (d) When a wildfire exceeds the capability of the county to control
or extinguish, the sheriff shall be responsible for seeking the assistance of
the state by requesting assistance from the division of fire prevention and
control in the department of public safety. The sheriff and the director of the
division of fire prevention and control shall enter into an agreement
concerning the transfer of authority and responsibility for fire suppression
and the retention of responsibilities. under a unified command structure.
(5) THE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND FIRE
IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT COMMAND
SYSTEM AS DEFINED IN SECTION
29-22.5-102 (3).
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
, "FIRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH IN
SECTION
24-33.5-1202 (3.9).
SECTION 8. In Colorado Revised Statutes, 32-1-1002, amend
(3)(a) as follows:
32-1-1002. Fire protection districts - additional powers and
duties. (3) (a) The chief of the fire department in each fire protection
district in the state of Colorado, by virtue of such
THE office so held by him
or her THE CHIEF, shall have authority over the supervision of all fires within
the district; except that responsibility for coordinating fire suppression
efforts in case of any prairie, forest, or wildland fire that exceeds the
capabilities of the district to control or extinguish shall be transferred to the
county sheriff in accordance with section 30-10-513, C.R.S.,
subject to the
duties and obligations imposed by this subsection (3) and subject to the
provisions of the community wildfire protection plan prepared by the county
in accordance with section 30-15-401.7, C.R.S. ANY RELEVANT PLANS OR
AGREEMENTS
. The chief shall be
IS vested with such THE other express
authority as is contained in this subsection (3), including commanding the
fire department of such district.
SECTION 9. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
PAGE 6-HOUSE BILL 24-1155 unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie 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 7-HOUSE BILL 24-1155