Second 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. 24-0495.01 Nicole Myers x4326
HOUSE BILL 24-1155
House Committees Senate Committees
Agriculture, Water & Natural Resources Agriculture & 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
SENATE
Amended 2nd Reading
March 12, 2024
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, 24-77-104, amend
2
(7) as follows:3
24-77-104. State emergency reserve - cash fund - creation -4
declaration of emergency - reimbursement of emergency reserve5
expenditures - definition. (7) (a) Beginning July 1, 2021, if any money6
in a fund that is designated by the general assembly as part of the state7
emergency reserve is expended and the state subsequently receives a8
reimbursement for the expenditure, then the state treasurer shall deposit9
the reimbursement into the fund that was the original source of the10
money. This subsection (7) applies regardless of whether the expenditure11
is made directly from the fund or if it is transferred from the fund to the12
disaster emergency fund, created in section 24-33.5-706 (2)(a), or any13
other fund, or if the expenditure is of money in the fund that was14
previously reimbursed before being spent again.15
(b) A
S USED IN THIS SUBSECTION (7), "REIMBURSEMENT" MEANS
16
1155-3- A REPAYMENT OF EXPENDITURES FOR WHICH THE STATE PREVIOUSLY1
DESIGNATED EMERGENCY MONEY . FEDERAL COST SHARE PROVIDED2
THROUGH A FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC3
ASSISTANCE GRANT PURSUANT TO THE FEDERAL "ROBERT T. STAFFORD4
D
ISASTER RELIEF AND EMERGENCY ASSISTANCE ACT", AS AMENDED, 42
5
U.S.C.
SEC. 5121 ET SEQ., IS NOT A "REIMBURSEMENT" FOR THE PURPOSES
6
OF THIS SUBSECTION (7).7
SECTION 2. In Colorado Revised Statutes, 29-22-102, amend8
(1) as follows:9
29-22-102. Hazardous substance incidents - response10
authorities - designation - definition. (1) It is the purpose of this11
section to provide for the designation of emergency response authorities12
for hazardous substance incidents. Every emergency response authority13
designated in or pursuant to this section is responsible for providing and14
maintaining the capability for emergency response to a hazardous15
substance incident occurring within its jurisdiction. An emergency16
response authority may provide and maintain the capability for such17
response directly or through mutual aid or other agreements, including an18
agreement with a private entity to support the emergency response19
authority, responding fire departments, or other government agencies.20
Subject to the provisions of local or regional response agreements for21
hazardous substance incidents, the first emergency response authority, or22
its public agency designee through mutual aid or otherwise, to arrive at23
the scene of the incident, regardless of whether the incident occurs within24
its jurisdiction, is responsible for the emergency response as incident25
commander until such time as the emergency response authority that has26
jurisdiction over the incident site has arrived. after which unified27
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-4- command shall be followed until the emergency response has concluded.1
As used in this section, "emergency response to a hazardous substance2
incident" means taking the initial emergency action necessary to minimize3
the effects or threat of adverse effects of a hazardous substance incident4
on human health or the environment.5
SECTION 3. In Colorado Revised Statutes, 29-22.5-102, add6
(1.5) as follows:7
29-22.5-102. Definitions. As used in this article 22.5, unless the8
context otherwise requires:9
(1.5) "F
IRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH10
IN SECTION 24-33.5-1202 (3.9).11
SECTION 4.
In Colorado Revised Statutes, 29-22.5-103, amend12
(1)(a), (1)(b), (2), (3)(a), and (3)(c); and add (5) as follows:13
29-22.5-103. Wildland fires - general authority and14
responsibilities. (1) (a) The chief of the fire department in each fire15
protection district in the state is responsible for the management of16
wildland fires that occur within the
JURISDICTIONAL boundaries of his or
17
her district THE CHIEF'S DEPARTMENT and that are within the capability of18
the fire district DEPARTMENT to control or extinguish in accordance with19
the provisions of section 32-1-1002 (3)(a). C.R.S.20
(b) The fire chief may utilize mutual aid agreements and unified21
command with neighboring fire protection districts DEPARTMENTS to22
suppress and control fires that cross or threaten to cross the boundaries of23
the district JURISDICTIONAL BOUNDARIES.24
(2) (a) The sheriff is the fire warden of the county and is25
responsible for the planning for, and the coordination of, efforts to26
suppress wildfires occurring in the unincorporated area of the county27
1155
-5- outside the boundaries of a fire protection district DEPARTMENT or that1
exceed the capabilities of the fire protection district DEPARTMENT to2
control or extinguish in accordance with the provisions of section3
30-10-513. C.R.S.4
(b) In the case of a wildfire that exceeds the capabilities of the fire5
protection district DEPARTMENT to control or extinguish and that requires6
mutual aid and outside resources, the sheriff shall appoint a local incident7
management team AN INCIDENT COMMANDER to provide the command8
and control infrastructure required to manage the fire. The sheriff shall9
assume financial responsibility for fire fighting efforts on behalf of the10
county and the authority for the ordering and monitoring of resources.11
(c) In the case of a wildfire that exceeds the capability of the12
county to control or extinguish, the sheriff shall be IS responsible for13
seeking the assistance of the state, by requesting assistance from the14
division. The sheriff and the director shall enter into an agreement15
concerning the transfer of authority and responsibility for fire suppression16
and the retention of responsibilities. under a unified command structure. 17
(3) (a) The division shall be IS the lead state agency for wildland18
fire
RESPONSE AND suppression. as identified in the Colorado state
19
emergency operations plan and in accordance with the provisions of20
section 23-31-301, C.R.S.21
(c) In case of a wildland fire that exceeds the capability of the22
county to control or extinguish, the division may assist the sheriff in23
controlling or extinguishing such fires, and may assume command of such24
incidents with the concurrence of the sheriff. under a unified command25
structure.26
(5) T
HE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND27
1155
-6- FIRE IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT1
COMMAND SYSTEM .2
SECTION 5. In Colorado Revised Statutes, 29-22.5-104, amend3
(1) introductory portion as follows:4
29-22.5-104. County wildfire preparedness plan. (1) The5
sheriff of each county may develop and update as necessary a wildfire6
preparedness plan for the unincorporated area of the county in7
cooperation with any fire district
OR DEPARTMENT with jurisdiction over8
such unincorporated area. Any such plan shall:9
SECTION 6.
In Colorado Revised Statutes, amend 30-10-512 as10
follows:11
30-10-512. Sheriff to act as fire warden. Subject to the12
provisions of the community wildfire protection plan prepared by the13
county in accordance with section 30-15-401.7, ANY RELEVANT PLANS OR14
AGREEMENTS, the sheriff of every county, in addition to other duties, shall15
act as fire warden of his or her THE SHERIFF'S respective county and is16
responsible for the coordination of fire suppression efforts in case of17
prairie, forest, or wildland fires or wildfires occurring in the18
unincorporated area of the county outside the boundaries of a fire19
protection district DEPARTMENT or that exceed the capabilities of the fire20
protection district DEPARTMENT to control or extinguish.21
SECTION 7. In Colorado Revised Statutes, 30-10-513, amend22
(1); and add (5) and (6) as follows:23
30-10-513. Duties of sheriff - coordination of fire suppression24
efforts for forest, prairie, or wildland fire - expenses - definition.25
(1) (a) Subject to the provisions of the community wildfire protection26
plan prepared by the county in accordance with section 30-15-401.7, ANY27
1155
-7- RELEVANT PLANS OR AGREEMENTS , it is the duty of the sheriff to assume1
the responsibility for coordinating fire suppression efforts in case of any2
prairie, forest, or wildland fire or wildfire occurring in the unincorporated3
area of the county outside the boundaries of a fire protection district4
DEPARTMENT or that exceed the capabilities of the fire protection district5
DEPARTMENT to control or extinguish.6
(b) In the case of a prairie, forest, or wildland fire occurring7
within the
JURISDICTIONAL boundaries of one or more fire protection
8
districts DEPARTMENTS that does not exceed the capabilities of the fire9
protection district DEPARTMENT to control or extinguish, the sheriff OR10
THE DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF11
PUBLIC SAFETY may assist the chief of the fire protection district12
DEPARTMENT in controlling or extinguishing such fire, and, in connection13
with such assistance, the sheriff may solicit such additional assistance14
from such persons as the sheriff and the fire chief deem necessary. The15
sheriff may assume command of such incidents with the concurrence of16
the fire chief. 17
(c) In the case of a prairie, forest, or wildland fire that exceeds the18
capabilities of the fire protection district DEPARTMENT to control or19
extinguish and that requires mutual aid and outside resources, the sheriff20
shall appoint a local incident management team AN INCIDENT21
COMMANDER to provide the command and control infrastructure required22
to manage the fire. The sheriff shall assume financial responsibility for23
fire fighting efforts on behalf of the county and the authority for the24
ordering and monitoring of resources.25
(d) When a wildfire exceeds the capability of the county to control26
or extinguish, the sheriff shall be responsible for seeking the assistance27
1155
-8- of the state by requesting assistance from the division of fire prevention1
and control in the department of public safety. The sheriff and the director2
of the division of fire prevention and control shall enter into an agreement3
concerning the transfer of authority and responsibility for fire suppression4
and the retention of responsibilities. under a unified command structure.5
(5) T
HE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND6
FIRE IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT7
COMMAND SYSTEM AS DEFINED IN SECTION 29-22.5-102 (3).8
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE9
REQUIRES, "FIRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH IN10
SECTION 24-33.5-1202 (3.9).11
SECTION 8.
In Colorado Revised Statutes, 32-1-1002, amend12
(3)(a) as follows:13
32-1-1002. Fire protection districts - additional powers and14
duties. (3) (a) The chief of the fire department in each fire protection15
district in the state of Colorado, by virtue of such THE office so held by16
him or her THE CHIEF, shall have authority over the supervision of all fires17
within the district; except that responsibility for coordinating fire18
suppression efforts in case of any prairie, forest, or wildland fire that19
exceeds the capabilities of the district to control or extinguish shall be20
transferred to the county sheriff in accordance with section 30-10-513,21
C.R.S., subject to the duties and obligations imposed by this subsection22
(3) and subject to the provisions of the community wildfire protection23
plan prepared by the county in accordance with section 30-15-401.7,24
C.R.S. ANY RELEVANT PLANS OR AGREEMENTS . The chief shall be IS25
vested with such THE other express authority as is contained in this26
subsection (3), including commanding the fire department of such district.27
1155
-9- SECTION 9. Act subject to petition - effective date. This act1
takes effect at 12:01 a.m. on the day following the expiration of the2
ninety-day period after final adjournment of the general assembly; except3
that, if a referendum petition is filed pursuant to section 1 (3) of article V4
of the state constitution against this act or an item, section, or part of this5
act within such period, then the act, item, section, or part will not take6
effect unless approved by the people at the general election to be held in7
November 2024 and, in such case, will take effect on the date of the8
official declaration of the vote thereon by the governor.9
1155
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