Colorado 2024 Regular Session

Colorado House Bill HB1155 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0495.01 Nicole Myers x4326
1	8		HOUSE BILL 24-1155
2		-	BY REPRESENTATIVE(S) Velasco, Bacon, Bird, Boesenecker, Brown,
3		-	Clifford, deGruy Kennedy, Duran, Froelich, Garcia, Hamrick, Herod,
4		-	Jodeh, Joseph, Kipp, Lindsay, Lynch, Mabrey, Marshall, McCormick,
5		-	Rutinel, Snyder, Titone, Young, McCluskie, Amabile, Catlin, English,
6		-	Epps, McLachlan, Ortiz, Parenti, Ricks, Story, Valdez A.;
7		-	also SENATOR(S) Cutter, Bridges, Buckner, Exum, Gonzales,
8		-	Jaquez Lewis, Michaelson Jenet, Priola, Roberts.
	9	+	House Committees Senate Committees
	10	+	Agriculture, Water & Natural Resources Agriculture & Natural Resources
	11	+	A BILL FOR AN ACT
9	12		C
10		-	ONCERNING MODIFICATIONS TO THE STATUTES THAT GUIDE THE
11		-	MANAGEMENT OF CERTAIN PUBLIC SAFETY EMERGENCIES
12		-	.
13		-
14		-	Be it enacted by the General Assembly of the State of Colorado:
15		-	SECTION 1. In Colorado Revised Statutes, 24-77-104, amend (7)
16		-	as follows:
17		-	24-77-104. State emergency reserve - cash fund - creation -
18		-	declaration of emergency - reimbursement of emergency reserve
19		-	expenditures - definition. (7) (a) Beginning July 1, 2021, if any money in
20		-	a fund that is designated by the general assembly as part of the state
21		-	emergency reserve is expended and the state subsequently receives a
22		-	reimbursement for the expenditure, then the state treasurer shall deposit the
23		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
24		-	officers and the Governor. To determine whether the Governor has signed the bill
25		-	or taken other action on it, please consult the legislative status sheet, the legislative
26		-	history, or the Session Laws.
27		-	________
28		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
29		-	through words or numbers indicate deletions from existing law and such material is not part of
30		-	the act. reimbursement into the fund that was the original source of the money. This
31		-	subsection (7) applies regardless of whether the expenditure is made
32		-	directly from the fund or if it is transferred from the fund to the disaster
33		-	emergency fund, created in section 24-33.5-706 (2)(a), or any other fund,
34		-	or if the expenditure is of money in the fund that was previously reimbursed
35		-	before being spent again.
	13	+	ONCERNING MODIFICATIONS TO TH E STATUTES THAT GUIDE THE101
	14	+	MANAGEMENT OF CERTAIN PUBLIC SAFETY EMERGENCIES .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	Current law regarding the authority over wildland fires is not
	23	+	aligned with current practice for managing wildland fires in the state. The
	24	+	bill aligns the statutes that address the management of wildland fires with
	25	+	current practice.
	26	+	Transfer of wildland fire management from a fire response
	27	+	agency to the county sheriff. Current law specifies that a fire protection
	28	+	SENATE
	29	+	3rd Reading Unamended
	30	+	March 13, 2024
	31	+	SENATE
	32	+	Amended 2nd Reading
	33	+	March 12, 2024
	34	+	HOUSE
	35	+	3rd Reading Unamended
	36	+	February 15, 2024
	37	+	HOUSE
	38	+	2nd Reading Unamended
	39	+	February 14, 2024
	40	+	HOUSE SPONSORSHIP
	41	+	Velasco, Bacon, Bird, Boesenecker, Brown, Clifford, deGruy Kennedy, Duran, Froelich,
	42	+	Garcia, Hamrick, Herod, Jodeh, Joseph, Kipp, Lindsay, Lynch, Mabrey, Marshall,
	43	+	McCluskie, McCormick, Rutinel, Snyder, Titone, Young
	44	+	SENATE SPONSORSHIP
	45	+	Cutter, Bridges, Buckner, Exum, Gonzales, Jaquez Lewis, Michaelson Jenet, Priola, Roberts
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. district may transfer the management of a wildland fire to the county
	49	+	sheriff (sheriff) when the fire exceeds the fire chief of a fire protection
	50	+	district's (fire chief) capability to manage, but does not contemplate such
	51	+	transfer by a municipal fire department, volunteer fire department, fire
	52	+	authority, or other fire response agency. To specify the authority of all fire
	53	+	response agencies to transfer the management of a wildland fire to the
	54	+	sheriff, the bill authorizes a fire department, as currently defined in law,
	55	+	to transfer the management of a wildland fire and repeals references to
	56	+	transfers by a fire protection district.
	57	+	In addition, current law allows a sheriff to develop a wildfire
	58	+	preparedness plan for the unincorporated area of a county in cooperation
	59	+	with any fire district with jurisdiction over the unincorporated area. The
	60	+	bill specifies that the sheriff may also develop such plan in cooperation
	61	+	with any fire department with jurisdiction over the unincorporated area.
	62	+	Management of wildland fires subject to the provisions of
	63	+	relevant plans or agreements. Current law specifies that the duties of
	64	+	the sheriff and the fire chief are subject to the community wildfire
	65	+	protection plan (CWPP). However, the CWPP addresses the identification
	66	+	and reduction of hazards and is not focused on the response to or
	67	+	management of wildland fires. The bill repeals references to the CWPP
	68	+	in the statutes that address the response to and management of wildland
	69	+	fires and specifies that the sheriff and the fire chief are subject to any
	70	+	relevant plans or agreements.
	71	+	Management strategy when a wildland fire has been
	72	+	transferred to the state. Current law specifies that when a sheriff
	73	+	transfers the management of a wildland fire to the division of fire
	74	+	prevention and control in the department of public safety (division), the
	75	+	division is required to use unified command, which is a management
	76	+	strategy that uses multiple incident commanders with shared objectives.
	77	+	This requirement does not allow the division and the sheriff to determine
	78	+	the most appropriate management strategy for each wildland fire. The bill
	79	+	repeals the requirement that the division and the sheriff use unified
	80	+	command when a wildland fire has been transferred to the division.
	81	+	Management strategy for hazardous substance incident
	82	+	response. In addition, current law requires that unified command be used
	83	+	in the response to a hazardous substance incident, which does not allow
	84	+	responding agencies to determine the most appropriate response to and
	85	+	management of such an incident. The bill repeals the requirement that
	86	+	unified command be used in a hazardous substance incident.
	87	+	Use of the current incident command system for wildland fire
	88	+	management. Current law requires a sheriff to appoint a local incident
	89	+	management team to provide command and control to manage a wildland
	90	+	fire. However, a sheriff, the fire department, or the state may instead
	91	+	assign an incident commander or a non-local incident management team
	92	+	to manage the fire. The bill repeals the requirement that a sheriff appoint
	93	+	1155
	94	+	-2- a local incident management team and instead requires the sheriff to
	95	+	appoint an incident commander for a wildland fire. In addition, the bill
	96	+	specifies that the agency that has jurisdiction over any wildland fire in the
	97	+	state is required to manage the fire using the incident command system as
	98	+	currently defined in law.
	99	+	References to the state emergency operations plan in wildland
	100	+	fire response and suppression statutes. Current law specifies that the
	101	+	division is the lead state agency for wildland fire suppression as identified
	102	+	in the Colorado state emergency operations plan (SEOP) and in
	103	+	accordance with the Colorado state forest service statute. However, the
	104	+	SEOP can only be activated by an executive order and does not apply to
	105	+	the majority of wildland fire operations or the majority of assistance and
	106	+	support that the division provides to local agencies. In addition, the
	107	+	reference to the state forest service is no longer accurate. The bill repeals
	108	+	references to the SEOP and the state forest service in the statute
	109	+	designating the division as the lead state agency for wildland fire
	110	+	response and suppression.
	111	+	Be it enacted by the General Assembly of the State of Colorado:1
	112	+	SECTION 1. In Colorado Revised Statutes, 24-77-104, amend
	113	+	2
	114	+	(7) as follows:3
	115	+	24-77-104. State emergency reserve - cash fund - creation -4
	116	+	declaration of emergency - reimbursement of emergency reserve5
	117	+	expenditures - definition. (7) (a) Beginning July 1, 2021, if any money6
	118	+	in a fund that is designated by the general assembly as part of the state7
	119	+	emergency reserve is expended and the state subsequently receives a8
	120	+	reimbursement for the expenditure, then the state treasurer shall deposit9
	121	+	the reimbursement into the fund that was the original source of the10
	122	+	money. This subsection (7) applies regardless of whether the expenditure11
	123	+	is made directly from the fund or if it is transferred from the fund to the12
	124	+	disaster emergency fund, created in section 24-33.5-706 (2)(a), or any13
	125	+	other fund, or if the expenditure is of money in the fund that was14
	126	+	previously reimbursed before being spent again.15
36	127		(b) A
37		-	S USED IN THIS SUBSECTION (7), "REIMBURSEMENT" MEANS A
38		-	REPAYMENT OF EXPENDITURES FOR WHICH THE STATE PREVIOUSLY
39		-	DESIGNATED EMERGENCY MONEY
40		-	. FEDERAL COST SHARE PROVIDED
41		-	THROUGH A FEDERAL EMERGENCY MA NAGEMENT AGENCY PUBLIC
42		-	ASSISTANCE GRANT PURSUANT TO THE FEDERAL
43		-	"ROBERT T. STAFFORD
44		-	DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT", AS AMENDED, 42
	128	+	S USED IN THIS SUBSECTION (7), "REIMBURSEMENT" MEANS
	129	+	16
	130	+	1155-3- A REPAYMENT OF EXPENDITURES FOR WHICH THE STATE PREVIOUSLY1
	131	+	DESIGNATED EMERGENCY MONEY . FEDERAL COST SHARE PROVIDED2
	132	+	THROUGH A FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC3
	133	+	ASSISTANCE GRANT PURSUANT TO THE FEDERAL "ROBERT T. STAFFORD4
	134	+	D
	135	+	ISASTER RELIEF AND EMERGENCY ASSISTANCE ACT", AS AMENDED, 42
	136	+	5
45	137		U.S.C.
46		-	SEC. 5121 ET SEQ., IS NOT A "REIMBURSEMENT" FOR THE PURPOSES OF
47		-	THIS SUBSECTION
48		-	(7).
49		-	SECTION 2. In Colorado Revised Statutes, 29-22-102, amend (1)
50		-	as follows:
51		-	29-22-102. Hazardous substance incidents - response authorities
52		-	- designation - definition. (1) It is the purpose of this section to provide
53		-	for the designation of emergency response authorities for hazardous
54		-	substance incidents. Every emergency response authority designated in or
55		-	pursuant to this section is responsible for providing and maintaining the
56		-	capability for emergency response to a hazardous substance incident
57		-	occurring within its jurisdiction. An emergency response authority may
58		-	provide and maintain the capability for such response directly or through
59		-	mutual aid or other agreements, including an agreement with a private entity
60		-	to support the emergency response authority, responding fire departments,
61		-	or other government agencies. Subject to the provisions of local or regional
62		-	response agreements for hazardous substance incidents, the first emergency
63		-	response authority, or its public agency designee through mutual aid or
64		-	otherwise, to arrive at the scene of the incident, regardless of whether the
65		-	incident occurs within its jurisdiction, is responsible for the emergency
66		-	response as incident commander until such time as the emergency response
67		-	authority that has jurisdiction over the incident site has arrived. after which
68		-	unified command shall be followed until the emergency response has
69		-	concluded. As used in this section, "emergency response to a hazardous
70		-	substance incident" means taking the initial emergency action necessary to
71		-	minimize the effects or threat of adverse effects of a hazardous substance
72		-	PAGE 2-HOUSE BILL 24-1155 incident on human health or the environment.
73		-	SECTION 3. In Colorado Revised Statutes, 29-22.5-102, add (1.5)
74		-	as follows:
75		-	29-22.5-102. Definitions. As used in this article 22.5, unless the
76		-	context otherwise requires:
	138	+	SEC. 5121 ET SEQ., IS NOT A "REIMBURSEMENT" FOR THE PURPOSES
	139	+	6
	140	+	OF THIS SUBSECTION (7).7
	141	+	SECTION 2. In Colorado Revised Statutes, 29-22-102, amend8
	142	+	(1) as follows:9
	143	+	29-22-102. Hazardous substance incidents - response10
	144	+	authorities - designation - definition. (1) It is the purpose of this11
	145	+	section to provide for the designation of emergency response authorities12
	146	+	for hazardous substance incidents. Every emergency response authority13
	147	+	designated in or pursuant to this section is responsible for providing and14
	148	+	maintaining the capability for emergency response to a hazardous15
	149	+	substance incident occurring within its jurisdiction. An emergency16
	150	+	response authority may provide and maintain the capability for such17
	151	+	response directly or through mutual aid or other agreements, including an18
	152	+	agreement with a private entity to support the emergency response19
	153	+	authority, responding fire departments, or other government agencies.20
	154	+	Subject to the provisions of local or regional response agreements for21
	155	+	hazardous substance incidents, the first emergency response authority, or22
	156	+	its public agency designee through mutual aid or otherwise, to arrive at23
	157	+	the scene of the incident, regardless of whether the incident occurs within24
	158	+	its jurisdiction, is responsible for the emergency response as incident25
	159	+	commander until such time as the emergency response authority that has26
	160	+	jurisdiction over the incident site has arrived. after which unified27
	161	+	1155
	162	+	-4- command shall be followed until the emergency response has concluded.1
	163	+	As used in this section, "emergency response to a hazardous substance2
	164	+	incident" means taking the initial emergency action necessary to minimize3
	165	+	the effects or threat of adverse effects of a hazardous substance incident4
	166	+	on human health or the environment.5
	167	+	SECTION 3. In Colorado Revised Statutes, 29-22.5-102, add6
	168	+	(1.5) as follows:7
	169	+	29-22.5-102. Definitions. As used in this article 22.5, unless the8
	170	+	context otherwise requires:9
77	171		(1.5) "F
78		-	IRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH IN
79		-	SECTION
80		-	24-33.5-1202 (3.9).
81		-	SECTION 4. In Colorado Revised Statutes, 29-22.5-103, amend
82		-	(1)(a), (1)(b), (2), (3)(a), and (3)(c); and add (5) as follows:
83		-	29-22.5-103. Wildland fires - general authority and
84		-	responsibilities. (1) (a) The chief of the fire department in each fire
85		-	protection district in the state is responsible for the management of wildland
86		-	fires that occur within the
87		-	JURISDICTIONAL boundaries of his or her districtTHE CHIEF'S DEPARTMENT and that are within the capability of the fire
88		-	district DEPARTMENT to control or extinguish in accordance with the
89		-	provisions of section 32-1-1002 (3)(a). C.R.S.
90		-	(b) The fire chief may utilize mutual aid agreements and unified
91		-	command with neighboring fire protection districts DEPARTMENTS to
92		-	suppress and control fires that cross or threaten to cross the boundaries of
93		-	the district JURISDICTIONAL BOUNDARIES.
94		-	(2) (a) The sheriff is the fire warden of the county and is responsible
95		-	for the planning for, and the coordination of, efforts to suppress wildfires
96		-	occurring in the unincorporated area of the county outside the boundaries
97		-	of a fire protection district
98		-	DEPARTMENT or that exceed the capabilities of
99		-	the fire protection district DEPARTMENT to control or extinguish in
100		-	accordance with the provisions of section 30-10-513. C.R.S.
101		-	(b) In the case of a wildfire that exceeds the capabilities of the fire
102		-	protection district DEPARTMENT to control or extinguish and that requires
103		-	mutual aid and outside resources, the sheriff shall appoint a local incident
104		-	management team AN INCIDENT COMMANDER to provide the command and
105		-	control infrastructure required to manage the fire. The sheriff shall assume
106		-	financial responsibility for fire fighting efforts on behalf of the county and
107		-	PAGE 3-HOUSE BILL 24-1155 the authority for the ordering and monitoring of resources.
108		-	(c) In the case of a wildfire that exceeds the capability of the county
109		-	to control or extinguish, the sheriff shall be IS responsible for seeking the
110		-	assistance of the state, by requesting assistance from the division. The
111		-	sheriff and the director shall enter into an agreement concerning the transfer
112		-	of authority and responsibility for fire suppression and the retention of
113		-	responsibilities. under a unified command structure.
114		-
115		-	(3) (a) The division shall be IS the lead state agency for wildland fire
116		-	RESPONSE AND suppression. as identified in the Colorado state emergency
117		-	operations plan and in accordance with the provisions of section 23-31-301,
118		-	C.R.S.
119		-	(c) In case of a wildland fire that exceeds the capability of the
120		-	county to control or extinguish, the division may assist the sheriff in
121		-	controlling or extinguishing such fires, and may assume command of such
122		-	incidents with the concurrence of the sheriff. under a unified command
123		-	structure.
124		-	(5) THE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND FIRE
125		-	IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT COMMAND
126		-	SYSTEM
127		-	.
128		-	SECTION 5. In Colorado Revised Statutes, 29-22.5-104, amend
129		-	(1) introductory portion as follows:
130		-	29-22.5-104. County wildfire preparedness plan. (1) The sheriff
131		-	of each county may develop and update as necessary a wildfire
132		-	preparedness plan for the unincorporated area of the county in cooperation
133		-	with any fire district
134		-	OR DEPARTMENT with jurisdiction over such
135		-	unincorporated area. Any such plan shall:
136		-	SECTION 6. In Colorado Revised Statutes, amend 30-10-512 as
137		-	follows:
138		-	30-10-512. Sheriff to act as fire warden. Subject to the provisions
139		-	of the community wildfire protection plan prepared by the county in
140		-	accordance with section 30-15-401.7, ANY RELEVANT PLANS OR
141		-	AGREEMENTS
142		-	, the sheriff of every county, in addition to other duties, shall
143		-	PAGE 4-HOUSE BILL 24-1155 act as fire warden of his or her THE SHERIFF'S respective county and is
144		-	responsible for the coordination of fire suppression efforts in case of prairie,
145		-	forest, or wildland fires or wildfires occurring in the unincorporated area of
146		-	the county outside the boundaries of a fire protection district
147		-	DEPARTMENT
148		-	or that exceed the capabilities of the fire protection district DEPARTMENT to
149		-	control or extinguish.
150		-	SECTION 7. In Colorado Revised Statutes, 30-10-513, amend (1);
151		-	and add (5) and (6) as follows:
152		-	30-10-513. Duties of sheriff - coordination of fire suppression
153		-	efforts for forest, prairie, or wildland fire - expenses - definition.
154		-	(1) (a) Subject to the provisions of the community wildfire protection plan
155		-	prepared by the county in accordance with section 30-15-401.7, ANY
156		-	RELEVANT PLANS OR AGREEMENTS
157		-	, it is the duty of the sheriff to assume the
158		-	responsibility for coordinating fire suppression efforts in case of any prairie,
159		-	forest, or wildland fire or wildfire occurring in the unincorporated area of
160		-	the county outside the boundaries of a fire protection district
161		-	DEPARTMENT
162		-	or that exceed the capabilities of the fire protection district DEPARTMENT to
163		-	control or extinguish.
164		-	(b) In the case of a prairie, forest, or wildland fire occurring within
165		-	the
166		-	JURISDICTIONAL boundaries of one or more fire protection districts
167		-	DEPARTMENTS that does not exceed the capabilities of the fire protection
168		-	district DEPARTMENT to control or extinguish, the sheriff OR THE DIVISION
169		-	OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF PUBLIC SAFETY
170		-	may assist the chief of the fire protection district
171		-	DEPARTMENT in
172		-	controlling or extinguishing such fire, and, in connection with such
173		-	assistance, the sheriff may solicit such additional assistance from such
174		-	persons as the sheriff and the fire chief deem necessary. The sheriff may
175		-	assume command of such incidents with the concurrence of the fire chief.
176		-	(c) In the case of a prairie, forest, or wildland fire that exceeds the
177		-	capabilities of the fire protection district
178		-	DEPARTMENT to control or
179		-	extinguish and that requires mutual aid and outside resources, the sheriff
180		-	shall appoint a local incident management team
181		-	AN INCIDENT COMMANDER
182		-	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.
183		-	PAGE 5-HOUSE BILL 24-1155 (d) When a wildfire exceeds the capability of the county to control
184		-	or extinguish, the sheriff shall be responsible for seeking the assistance of
185		-	the state by requesting assistance from the division of fire prevention and
186		-	control in the department of public safety. The sheriff and the director of the
187		-	division of fire prevention and control shall enter into an agreement
188		-	concerning the transfer of authority and responsibility for fire suppression
189		-	and the retention of responsibilities. under a unified command structure.
190		-	(5) THE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND FIRE
191		-	IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT COMMAND
192		-	SYSTEM AS DEFINED IN SECTION
193		-	29-22.5-102 (3).
	172	+	IRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH10
	173	+	IN SECTION 24-33.5-1202 (3.9).11
	174	+	SECTION 4.
	175	+	In Colorado Revised Statutes, 29-22.5-103, amend12
	176	+	(1)(a), (1)(b), (2), (3)(a), and (3)(c); and add (5) as follows:13
	177	+	29-22.5-103. Wildland fires - general authority and14
	178	+	responsibilities. (1) (a) The chief of the fire department in each fire15
	179	+	protection district in the state is responsible for the management of16
	180	+	wildland fires that occur within the
	181	+	JURISDICTIONAL boundaries of his or
	182	+	17
	183	+	her district THE CHIEF'S DEPARTMENT and that are within the capability of18
	184	+	the fire district DEPARTMENT to control or extinguish in accordance with19
	185	+	the provisions of section 32-1-1002 (3)(a). C.R.S.20
	186	+	(b) The fire chief may utilize mutual aid agreements and unified21
	187	+	command with neighboring fire protection districts DEPARTMENTS to22
	188	+	suppress and control fires that cross or threaten to cross the boundaries of23
	189	+	the district JURISDICTIONAL BOUNDARIES.24
	190	+	(2) (a) The sheriff is the fire warden of the county and is25
	191	+	responsible for the planning for, and the coordination of, efforts to26
	192	+	suppress wildfires occurring in the unincorporated area of the county27
	193	+	1155
	194	+	-5- outside the boundaries of a fire protection district DEPARTMENT or that1
	195	+	exceed the capabilities of the fire protection district DEPARTMENT to2
	196	+	control or extinguish in accordance with the provisions of section3
	197	+	30-10-513. C.R.S.4
	198	+	(b) In the case of a wildfire that exceeds the capabilities of the fire5
	199	+	protection district DEPARTMENT to control or extinguish and that requires6
	200	+	mutual aid and outside resources, the sheriff shall appoint a local incident7
	201	+	management team AN INCIDENT COMMANDER to provide the command8
	202	+	and control infrastructure required to manage the fire. The sheriff shall9
	203	+	assume financial responsibility for fire fighting efforts on behalf of the10
	204	+	county and the authority for the ordering and monitoring of resources.11
	205	+	(c) In the case of a wildfire that exceeds the capability of the12
	206	+	county to control or extinguish, the sheriff shall be IS responsible for13
	207	+	seeking the assistance of the state, by requesting assistance from the14
	208	+	division. The sheriff and the director shall enter into an agreement15
	209	+	concerning the transfer of authority and responsibility for fire suppression16
	210	+	and the retention of responsibilities. under a unified command structure. 17
	211	+	(3) (a) The division shall be IS the lead state agency for wildland18
	212	+	fire
	213	+	RESPONSE AND suppression. as identified in the Colorado state
	214	+	19
	215	+	emergency operations plan and in accordance with the provisions of20
	216	+	section 23-31-301, C.R.S.21
	217	+	(c) In case of a wildland fire that exceeds the capability of the22
	218	+	county to control or extinguish, the division may assist the sheriff in23
	219	+	controlling or extinguishing such fires, and may assume command of such24
	220	+	incidents with the concurrence of the sheriff. under a unified command25
	221	+	structure.26
	222	+	(5) T
	223	+	HE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND27
	224	+	1155
	225	+	-6- FIRE IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT1
	226	+	COMMAND SYSTEM .2
	227	+	SECTION 5. In Colorado Revised Statutes, 29-22.5-104, amend3
	228	+	(1) introductory portion as follows:4
	229	+	29-22.5-104. County wildfire preparedness plan. (1) The5
	230	+	sheriff of each county may develop and update as necessary a wildfire6
	231	+	preparedness plan for the unincorporated area of the county in7
	232	+	cooperation with any fire district
	233	+	OR DEPARTMENT with jurisdiction over8
	234	+	such unincorporated area. Any such plan shall:9
	235	+	SECTION 6.
	236	+	In Colorado Revised Statutes, amend 30-10-512 as10
	237	+	follows:11
	238	+	30-10-512. Sheriff to act as fire warden. Subject to the12
	239	+	provisions of the community wildfire protection plan prepared by the13
	240	+	county in accordance with section 30-15-401.7, ANY RELEVANT PLANS OR14
	241	+	AGREEMENTS, the sheriff of every county, in addition to other duties, shall15
	242	+	act as fire warden of his or her THE SHERIFF'S respective county and is16
	243	+	responsible for the coordination of fire suppression efforts in case of17
	244	+	prairie, forest, or wildland fires or wildfires occurring in the18
	245	+	unincorporated area of the county outside the boundaries of a fire19
	246	+	protection district DEPARTMENT or that exceed the capabilities of the fire20
	247	+	protection district DEPARTMENT to control or extinguish.21
	248	+	SECTION 7. In Colorado Revised Statutes, 30-10-513, amend22
	249	+	(1); and add (5) and (6) as follows:23
	250	+	30-10-513. Duties of sheriff - coordination of fire suppression24
	251	+	efforts for forest, prairie, or wildland fire - expenses - definition.25
	252	+	(1) (a) Subject to the provisions of the community wildfire protection26
	253	+	plan prepared by the county in accordance with section 30-15-401.7, ANY27
	254	+	1155
	255	+	-7- RELEVANT PLANS OR AGREEMENTS , it is the duty of the sheriff to assume1
	256	+	the responsibility for coordinating fire suppression efforts in case of any2
	257	+	prairie, forest, or wildland fire or wildfire occurring in the unincorporated3
	258	+	area of the county outside the boundaries of a fire protection district4
	259	+	DEPARTMENT or that exceed the capabilities of the fire protection district5
	260	+	DEPARTMENT to control or extinguish.6
	261	+	(b) In the case of a prairie, forest, or wildland fire occurring7
	262	+	within the
	263	+	JURISDICTIONAL boundaries of one or more fire protection
	264	+	8
	265	+	districts DEPARTMENTS that does not exceed the capabilities of the fire9
	266	+	protection district DEPARTMENT to control or extinguish, the sheriff OR10
	267	+	THE DIVISION OF FIRE PREVENTION AND CONTROL IN THE DEPARTMENT OF11
	268	+	PUBLIC SAFETY may assist the chief of the fire protection district12
	269	+	DEPARTMENT in controlling or extinguishing such fire, and, in connection13
	270	+	with such assistance, the sheriff may solicit such additional assistance14
	271	+	from such persons as the sheriff and the fire chief deem necessary. The15
	272	+	sheriff may assume command of such incidents with the concurrence of16
	273	+	the fire chief. 17
	274	+	(c) In the case of a prairie, forest, or wildland fire that exceeds the18
	275	+	capabilities of the fire protection district DEPARTMENT to control or19
	276	+	extinguish and that requires mutual aid and outside resources, the sheriff20
	277	+	shall appoint a local incident management team AN INCIDENT21
	278	+	COMMANDER to provide the command and control infrastructure required22
	279	+	to manage the fire. The sheriff shall assume financial responsibility for23
	280	+	fire fighting efforts on behalf of the county and the authority for the24
	281	+	ordering and monitoring of resources.25
	282	+	(d) When a wildfire exceeds the capability of the county to control26
	283	+	or extinguish, the sheriff shall be responsible for seeking the assistance27
	284	+	1155
	285	+	-8- of the state by requesting assistance from the division of fire prevention1
	286	+	and control in the department of public safety. The sheriff and the director2
	287	+	of the division of fire prevention and control shall enter into an agreement3
	288	+	concerning the transfer of authority and responsibility for fire suppression4
	289	+	and the retention of responsibilities. under a unified command structure.5
	290	+	(5) T
	291	+	HE AGENCY THAT HAS JURISDICTION OVER ANY WILDLAND6
	292	+	FIRE IN THE STATE SHALL MANAGE THE FIRE USING THE INCIDENT7
	293	+	COMMAND SYSTEM AS DEFINED IN SECTION 29-22.5-102 (3).8
194	294		(6) A
195		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
196		-	REQUIRES
197		-	, "FIRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH IN
198		-	SECTION
199		-	24-33.5-1202 (3.9).
200		-	SECTION 8. In Colorado Revised Statutes, 32-1-1002, amend
201		-	(3)(a) as follows:
202		-	32-1-1002. Fire protection districts - additional powers and
203		-	duties. (3) (a) The chief of the fire department in each fire protection
204		-	district in the state of Colorado, by virtue of such
205		-	THE office so held by him
206		-	or her THE CHIEF, shall have authority over the supervision of all fires within
207		-	the district; except that responsibility for coordinating fire suppression
208		-	efforts in case of any prairie, forest, or wildland fire that exceeds the
209		-	capabilities of the district to control or extinguish shall be transferred to the
210		-	county sheriff in accordance with section 30-10-513, C.R.S.,
211		-	subject to the
212		-	duties and obligations imposed by this subsection (3) and subject to the
213		-	provisions of the community wildfire protection plan prepared by the county
214		-	in accordance with section 30-15-401.7, C.R.S. ANY RELEVANT PLANS OR
215		-	AGREEMENTS
216		-	. The chief shall be
217		-	IS vested with such THE other express
218		-	authority as is contained in this subsection (3), including commanding the
219		-	fire department of such district.
220		-	SECTION 9. Act subject to petition - effective date. This act
221		-	takes effect at 12:01 a.m. on the day following the expiration of the
222		-	ninety-day period after final adjournment of the general assembly; except
223		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
224		-	of the state constitution against this act or an item, section, or part of this act
225		-	within such period, then the act, item, section, or part will not take effect
226		-	PAGE 6-HOUSE BILL 24-1155 unless approved by the people at the general election to be held in
227		-	November 2024 and, in such case, will take effect on the date of the official
228		-	declaration of the vote thereon by the governor.
229		-	____________________________ ____________________________
230		-	Julie McCluskie Steve Fenberg
231		-	SPEAKER OF THE HOUSE PRESIDENT OF
232		-	OF REPRESENTATIVES THE SENATE
233		-	____________________________ ____________________________
234		-	Robin Jones Cindi L. Markwell
235		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
236		-	OF REPRESENTATIVES THE SENATE
237		-	APPROVED________________________________________
238		-	(Date and Time)
239		-	_________________________________________
240		-	Jared S. Polis
241		-	GOVERNOR OF THE STATE OF COLORADO
242		-	PAGE 7-HOUSE BILL 24-1155
	295	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE9
	296	+	REQUIRES, "FIRE DEPARTMENT" HAS THE SAME MEANING AS SET FORTH IN10
	297	+	SECTION 24-33.5-1202 (3.9).11
	298	+	SECTION 8.
	299	+	In Colorado Revised Statutes, 32-1-1002, amend12
	300	+	(3)(a) as follows:13
	301	+	32-1-1002. Fire protection districts - additional powers and14
	302	+	duties. (3) (a) The chief of the fire department in each fire protection15
	303	+	district in the state of Colorado, by virtue of such THE office so held by16
	304	+	him or her THE CHIEF, shall have authority over the supervision of all fires17
	305	+	within the district; except that responsibility for coordinating fire18
	306	+	suppression efforts in case of any prairie, forest, or wildland fire that19
	307	+	exceeds the capabilities of the district to control or extinguish shall be20
	308	+	transferred to the county sheriff in accordance with section 30-10-513,21
	309	+	C.R.S., subject to the duties and obligations imposed by this subsection22
	310	+	(3) and subject to the provisions of the community wildfire protection23
	311	+	plan prepared by the county in accordance with section 30-15-401.7,24
	312	+	C.R.S. ANY RELEVANT PLANS OR AGREEMENTS . The chief shall be IS25
	313	+	vested with such THE other express authority as is contained in this26
	314	+	subsection (3), including commanding the fire department of such district.27
	315	+	1155
	316	+	-9- SECTION 9. Act subject to petition - effective date. This act1
	317	+	takes effect at 12:01 a.m. on the day following the expiration of the2
	318	+	ninety-day period after final adjournment of the general assembly; except3
	319	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V4
	320	+	of the state constitution against this act or an item, section, or part of this5
	321	+	act within such period, then the act, item, section, or part will not take6
	322	+	effect unless approved by the people at the general election to be held in7
	323	+	November 2024 and, in such case, will take effect on the date of the8
	324	+	official declaration of the vote thereon by the governor.9
	325	+	1155
	326	+	-10-