Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0495.01 Nicole Myers x4326
HOUSE BILL 24-1155
House Committees Senate Committees
Agriculture, Water & Natural Resources
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO TH E STATUTES THAT GUIDE THE101
MANAGEMENT OF CERTAIN PUBLIC SAFETY EMERGENCIES .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
.)
Current law regarding the authority over wildland fires is not
aligned with current practice for managing wildland fires in the state. The
bill aligns the statutes that address the management of wildland fires with
current practice.
Transfer of wildland fire management from a fire response
agency to the county sheriff. Current law specifies that a fire protection
HOUSE
3rd Reading Unamended
February 15, 2024
HOUSE
2nd Reading Unamended
February 14, 2024
HOUSE SPONSORSHIP
Velasco, Bacon, Bird, Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, Froelich,
Garcia, Hamrick, Herod, Jodeh, Joseph, Kipp, Lindsay, Lynch, Mabrey, Marshall,
McCluskie, McCormick, Rutinel, Snyder, Titone, Young
SENATE SPONSORSHIP
Cutter,
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. district may transfer the management of a wildland fire to the county
sheriff (sheriff) when the fire exceeds the fire chief of a fire protection
district's (fire chief) capability to manage, but does not contemplate such
transfer by a municipal fire department, volunteer fire department, fire
authority, or other fire response agency. To specify the authority of all fire
response agencies to transfer the management of a wildland fire to the
sheriff, the bill authorizes a fire department, as currently defined in law,
to transfer the management of a wildland fire and repeals references to
transfers by a fire protection district.
In addition, current law allows a sheriff to develop a wildfire
preparedness plan for the unincorporated area of a county in cooperation
with any fire district with jurisdiction over the unincorporated area. The
bill specifies that the sheriff may also develop such plan in cooperation
with any fire department with jurisdiction over the unincorporated area.
Management of wildland fires subject to the provisions of
relevant plans or agreements. Current law specifies that the duties of
the sheriff and the fire chief are subject to the community wildfire
protection plan (CWPP). However, the CWPP addresses the identification
and reduction of hazards and is not focused on the response to or
management of wildland fires. The bill repeals references to the CWPP
in the statutes that address the response to and management of wildland
fires and specifies that the sheriff and the fire chief are subject to any
relevant plans or agreements.
Management strategy when a wildland fire has been
transferred to the state. Current law specifies that when a sheriff
transfers the management of a wildland fire to the division of fire
prevention and control in the department of public safety (division), the
division is required to use unified command, which is a management
strategy that uses multiple incident commanders with shared objectives.
This requirement does not allow the division and the sheriff to determine
the most appropriate management strategy for each wildland fire. The bill
repeals the requirement that the division and the sheriff use unified
command when a wildland fire has been transferred to the division.
Management strategy for hazardous substance incident
response. In addition, current law requires that unified command be used
in the response to a hazardous substance incident, which does not allow
responding agencies to determine the most appropriate response to and
management of such an incident. The bill repeals the requirement that
unified command be used in a hazardous substance incident.
Use of the current incident command system for wildland fire
management. Current law requires a sheriff to appoint a local incident
management team to provide command and control to manage a wildland
fire. However, a sheriff, the fire department, or the state may instead
assign an incident commander or a non-local incident management team
to manage the fire. The bill repeals the requirement that a sheriff appoint
1155
-2- a local incident management team and instead requires the sheriff to
appoint an incident commander for a wildland fire. In addition, the bill
specifies that the agency that has jurisdiction over any wildland fire in the
state is required to manage the fire using the incident command system as
currently defined in law.
References to the state emergency operations plan in wildland
fire response and suppression statutes. Current law specifies that the
division is the lead state agency for wildland fire suppression as identified
in the Colorado state emergency operations plan (SEOP) and in
accordance with the Colorado state forest service statute. However, the
SEOP can only be activated by an executive order and does not apply to
the majority of wildland fire operations or the majority of assistance and
support that the division provides to local agencies. In addition, the
reference to the state forest service is no longer accurate. The bill repeals
references to the SEOP and the state forest service in the statute
designating the division as the lead state agency for wildland fire
response and suppression.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 29-22-102, amend2
(1) as follows:3
29-22-102. Hazardous substance incidents - response4
authorities - designation - definition. (1) It is the purpose of this5
section to provide for the designation of emergency response authorities6
for hazardous substance incidents. Every emergency response authority7
designated in or pursuant to this section is responsible for providing and8
maintaining the capability for emergency response to a hazardous9
substance incident occurring within its jurisdiction. An emergency10
response authority may provide and maintain the capability for such11
response directly or through mutual aid or other agreements, including an12
agreement with a private entity to support the emergency response13
authority, responding fire departments, or other government agencies.14
Subject to the provisions of local or regional response agreements for15
hazardous substance incidents, the first emergency response authority, or16
1155-3- its public agency designee through mutual aid or otherwise, to arrive at1
the scene of the incident, regardless of whether the incident occurs within2
its jurisdiction, is responsible for the emergency response as incident3
commander until such time as the emergency response authority that has4
jurisdiction over the incident site has arrived. after which unified5
command shall be followed until the emergency response has concluded.6
As used in this section, "emergency response to a hazardous substance7
incident" means taking the initial emergency action necessary to minimize8
the effects or threat of adverse effects of a hazardous substance incident9
on human health or the environment.10
SECTION 2. In Colorado Revised Statutes, 29-22.5-102, add11
(1.5) as follows:12
29-22.5-102. Definitions. As used in this article 22.5, unless the13
context otherwise requires:14
(1.5) "F
IRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH15
IN SECTION 24-33.5-1202 (3.9).16
SECTION 3. In Colorado Revised Statutes, 29-22.5-103, amend17
(1)(a), (1)(b), (2), (3)(a), and (3)(c); and add (5) as follows:18
29-22.5-103. Wildland fires - general authority and19
responsibilities. (1) (a) The chief of the fire department in each fire
20
protection district in the state is responsible for the management of21
wildland fires that occur within the
JURISDICTIONAL boundaries of his or
22
her district THE CHIEF'S DEPARTMENT and that are within the capability of23
the fire district DEPARTMENT to control or extinguish in accordance with24
the provisions of section 32-1-1002 (3)(a). C.R.S.25
(b) The fire chief may utilize mutual aid agreements and unified26
command with neighboring fire protection districts DEPARTMENTS to27
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-4- suppress and control fires that cross or threaten to cross the boundaries of1
the district JURISDICTIONAL BOUNDARIES.2
(2) (a) The sheriff is the fire warden of the county and is3
responsible for the planning for, and the coordination of, efforts to4
suppress wildfires occurring in the unincorporated area of the county5
outside the boundaries of a fire protection district DEPARTMENT or that6
exceed the capabilities of the fire protection district DEPARTMENT to7
control or extinguish in accordance with the provisions of section8
30-10-513. C.R.S.9
(b) In the case of a wildfire that exceeds the capabilities of the fire10
protection district DEPARTMENT to control or extinguish and that requires11
mutual aid and outside resources, the sheriff shall appoint a local incident12
management team AN INCIDENT COMMANDER to provide the command13
and control infrastructure required to manage the fire. The sheriff shall14
assume financial responsibility for fire fighting efforts on behalf of the15
county and the authority for the ordering and monitoring of resources.16
(c) In the case of a wildfire that exceeds the capability of the17
county to control or extinguish, the sheriff shall be IS responsible for18
seeking the assistance of the state, by requesting assistance from the19
division. The sheriff and the director shall enter into an agreement20
concerning the transfer of authority and responsibility for fire suppression21
and the retention of responsibilities. under a unified command structure. 22
(3) (a) The division shall be IS the lead state agency for wildland23
fire
RESPONSE AND suppression. as identified in the Colorado state
24
emergency operations plan and in accordance with the provisions of25
section 23-31-301, C.R.S.26
(c) In case of a wildland fire that exceeds the capability of the27
1155
-5- county to control or extinguish, the division may assist the sheriff in1
controlling or extinguishing such fires, and may assume command of such2
incidents with the concurrence of the sheriff. under a unified command3
structure.4
(5) T
HE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND5
FIRE IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT6
COMMAND SYSTEM .7
SECTION 4. In Colorado Revised Statutes, 29-22.5-104, amend8
(1) introductory portion as follows:9
29-22.5-104. County wildfire preparedness plan. (1) The10
sheriff of each county may develop and update as necessary a wildfire11
preparedness plan for the unincorporated area of the county in12
cooperation with any fire district
OR DEPARTMENT with jurisdiction over13
such unincorporated area. Any such plan shall:14
SECTION 5. In Colorado Revised Statutes, amend 30-10-512 as15
follows:16
30-10-512. Sheriff to act as fire warden. Subject to the17
provisions of the community wildfire protection plan prepared by the
18
county in accordance with section 30-15-401.7, ANY RELEVANT PLANS OR19
AGREEMENTS, the sheriff of every county, in addition to other duties, shall20
act as fire warden of his or her THE SHERIFF'S respective county and is21
responsible for the coordination of fire suppression efforts in case of22
prairie, forest, or wildland fires or wildfires occurring in the23
unincorporated area of the county outside the boundaries of a fire24
protection district DEPARTMENT or that exceed the capabilities of the fire25
protection district DEPARTMENT to control or extinguish.26
SECTION 6. In Colorado Revised Statutes, 30-10-513, amend27
1155
-6- (1); and add (5) and (6) as follows:1
30-10-513. Duties of sheriff - coordination of fire suppression2
efforts for forest, prairie, or wildland fire - expenses - definition.3
(1) (a) Subject to the provisions of the community wildfire protection4
plan prepared by the county in accordance with section 30-15-401.7, ANY5
RELEVANT PLANS OR AGREEMENTS , it is the duty of the sheriff to assume6
the responsibility for coordinating fire suppression efforts in case of any7
prairie, forest, or wildland fire or wildfire occurring in the unincorporated8
area of the county outside the boundaries of a fire protection district9
DEPARTMENT or that exceed the capabilities of the fire protection district10
DEPARTMENT to control or extinguish.11
(b) In the case of a prairie, forest, or wildland fire occurring12
within the
JURISDICTIONAL boundaries of one or more fire protection
13
districts DEPARTMENTS that does not exceed the capabilities of the fire14
protection district DEPARTMENT to control or extinguish, the sheriff OR15
THE DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF16
PUBLIC SAFETY may assist the chief of the fire protection district17
DEPARTMENT in controlling or extinguishing such fire, and, in connection18
with such assistance, the sheriff may solicit such additional assistance19
from such persons as the sheriff and the fire chief deem necessary. The20
sheriff may assume command of such incidents with the concurrence of21
the fire chief. 22
(c) In the case of a prairie, forest, or wildland fire that exceeds the23
capabilities of the fire protection district DEPARTMENT to control or24
extinguish and that requires mutual aid and outside resources, the sheriff25
shall appoint a local incident management team AN INCIDENT26
COMMANDER to provide the command and control infrastructure required27
1155
-7- to manage the fire. The sheriff shall assume financial responsibility for1
fire fighting efforts on behalf of the county and the authority for the2
ordering and monitoring of resources.3
(d) When a wildfire exceeds the capability of the county to control4
or extinguish, the sheriff shall be responsible for seeking the assistance5
of the state by requesting assistance from the division of fire prevention6
and control in the department of public safety. The sheriff and the director7
of the division of fire prevention and control shall enter into an agreement8
concerning the transfer of authority and responsibility for fire suppression9
and the retention of responsibilities. under a unified command structure.10
(5) T
HE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND11
FIRE IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT12
COMMAND SYSTEM AS DEFINED IN SECTION 29-22.5-102 (3).13
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE14
REQUIRES, "FIRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH IN15
SECTION 24-33.5-1202 (3.9).16
SECTION 7. In Colorado Revised Statutes, 32-1-1002, amend17
(3)(a) as follows:18
32-1-1002. Fire protection districts - additional powers and19
duties. (3) (a) The chief of the fire department in each fire protection20
district in the state of Colorado, by virtue of such
THE office so held by21
him or her THE CHIEF, shall have authority over the supervision of all fires22
within the district; except that responsibility for coordinating fire23
suppression efforts in case of any prairie, forest, or wildland fire that24
exceeds the capabilities of the district to control or extinguish shall be25
transferred to the county sheriff in accordance with section 30-10-513,26
C.R.S., subject to the duties and obligations imposed by this subsection27
1155
-8- (3) and subject to the provisions of the community wildfire protection1
plan prepared by the county in accordance with section 30-15-401.7,2
C.R.S. ANY RELEVANT PLANS OR AGREEMENTS . The chief shall be IS3
vested with such THE other express authority as is contained in this4
subsection (3), including commanding the fire department of such district.5
SECTION 8. Act subject to petition - effective date. This act6
takes effect at 12:01 a.m. on the day following the expiration of the7
ninety-day period after final adjournment of the general assembly; except8
that, if a referendum petition is filed pursuant to section 1 (3) of article V9
of the state constitution against this act or an item, section, or part of this10
act within such period, then the act, item, section, or part will not take11
effect unless approved by the people at the general election to be held in12
November 2024 and, in such case, will take effect on the date of the13
official declaration of the vote thereon by the governor.14
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