Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0655.02 Alana Rosen x2606
SENATE BILL 24-078
Senate Committees House Committees
Education Education
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING INCLUDING OUTDOOR NATURE -BASED PRESCHOOL101
PROGRAMS AS A TYPE OF CHILD CARE CENTER IN THE102
DEPARTMENT OF EARLY CHILDHOOD FOR LICENSING -RELATED103
MATTERS, AND, IN CONNECTION THEREWITH , MAKING AN
104
APPROPRIATION.105
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
.)
The bill includes outdoor nature-based preschool programs
(outdoor programs) as a type of licensed child care center (center) in the
HOUSE
3rd Reading Unamended
May 7, 2024
HOUSE
2nd Reading Unamended
May 6, 2024
SENATE
3rd Reading Unamended
April 26, 2024
SENATE
Amended 2nd Reading
April 25, 2024
SENATE SPONSORSHIP
Marchman and Priola, Bridges, Buckner, Coleman, Cutter, Exum, Fields, Gonzales,
Hinrichsen, Jaquez Lewis, Michaelson Jenet, Will, Winter F.
HOUSE SPONSORSHIP
Joseph and McLachlan, Amabile, Bird, Boesenecker, Brown, Catlin, Daugherty, Duran,
English, Epps, Garcia, Hamrick, Hernandez, Herod, Jodeh, Lieder, Lindsay, Lindstedt,
Lukens, Marshall, Marvin, Mauro, McCluskie, McCormick, Ortiz, Ricks, Rutinel, Sirota,
Snyder, Story, Titone, Valdez, Velasco, Vigil, Willford, Woodrow
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. department of early childhood (department) for licensing-related matters.
No later than December 31, 2025, the executive director of the
department shall promulgate rules for centers operating as outdoor
programs. The rules must include, but are not limited to:
! Land-use agreement requirements for outdoor programs
operating on public or private land;
! Policies for site-specific alternate shelter plans;
! Policies for site-specific risk mitigation plans;
! Policies for site-specific emergency and disaster
preparedness plans;
! Policies for site-specific evacuation plans; and
! Policies and procedures for outdoor programs to opt out of
certain department requirements through the site-specific
risk mitigation plan.
The bill requires the department to provide training to licensing
staff who oversee outdoor program site inspections and to outdoor
program operators and staff.
The department shall collaborate with local fire departments on
fire prevention and protection requirements for outdoor programs. The
department shall collaborate with the department of public health and
environment on sanitary standards for outdoor programs.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) It is a priority of the state of Colorado to provide all Colorado4
children access to high-quality early education;5
(b) Early childhood education can come in many forms;6
(c) Coloradans recognize the benefits of nature in education and7
education in nature;8
(d) Learning in nature has existed for decades;9
(e) Learning in nature offers children health benefits and helps10
provide skills children need in school to succeed; and11
(f) There are physical, cognitive, and social developmental12
benefits that occur with nature-based learning compared to what children13
078-2- experience and learn in traditional indoor educational environments.1
(2) The general assembly finds, therefore, that:2
(a) Outdoor nature-based preschool programs provide an3
immersive approach, putting nature at the heart of the educational4
program for children;5
(b) Outdoor nature-based preschool programs seek to restore6
children's interaction with nature; and7
(c) Colorado has a rich and wondrous outdoor landscape that will8
offer extensive opportunities for children to learn in nature.9
SECTION 2. In Colorado Revised Statutes, 26.5-5-303, amend10
(3); and add (18.5) as follows:11
26.5-5-303. Definitions. As used in this part 3, unless the context12
otherwise requires:13
(3) (a) "Child care center" means a facility, by whatever name14
known, that is maintained for the whole or part of a day for the care of15
five or more children, unless otherwise specified in this subsection (3),16
who are eighteen years of age or younger and who are not related to the17
owner, operator, or manager thereof, whether the facility is operated with18
or without compensation for such care and with or without stated19
educational purposes. The term includes, but is not limited to, facilities20
commonly known as child care centers, school-age child care centers,21
before- and after-school programs, kindergartens, preschools,
OUTDOOR22
NATURE-BASED PRESCHOOL PROGRAMS , day camps, and summer camps,23
and includes those facilities for children under six years of age with stated24
educational purposes operated in conjunction with a public, private, or25
parochial college or a private or parochial school; except that the term26
does not apply to any kindergarten maintained in connection with a27
078
-3- public, private, or parochial elementary school system of at least six1
grades.2
(b) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (3)(a) OF3
THIS SECTION, A CHILD CARE CENTER THAT OPERATES AS AN OUTDOOR4
NATURE-BASED PRESCHOOL PROGRAM SERVES CHILDREN WHO ARE AT5
LEAST THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE .6
(18.5) "O
UTDOOR NATURE-BASED PRESCHOOL PROGRAM " OR7
"
OUTDOOR PROGRAM " MEANS A FULL-DAY OR PARTIAL-DAY OUTDOOR8
NATURE-BASED PRESCHOOL PROGRAM FOR CHILDREN WHO ARE AT LEAST9
THREE YEARS OF AGE BUT UNDER EIGHT YEARS OF AGE THAT OPERATES AT10
LEAST FIFTY PERCENT OF THE OUTDOOR PROGRAM 'S OPERATING HOURS11
OUTDOORS IN A DEPARTMENT -APPROVED OUTDOOR NATURAL SPACE .12
SECTION 3. In Colorado Revised Statutes, add 26.5-5-330 as13
follows:14
26.5-5-330. Outdoor nature-based preschool programs - child15
care centers - rules - definition. (1) N
O LATER THAN DECEMBER 31,16
2025,
THE EXECUTIVE DIRECTOR SHALL PROMULGATE RULES FOR CHILD17
CARE CENTERS THAT OPERATE AS OUTDOOR NATURE -BASED PRESCHOOL18
PROGRAMS. RULES PROMULGATED PURSUANT TO THIS SECTION MUST19
INCLUDE, BUT ARE NOT LIMITED TO:20
(a) L
AND-USE AGREEMENT REQUIREMENTS FOR OUTDOOR21
PROGRAMS OPERATING ON PUBLIC OR PRIVATE LAND ;22
(b) P
OLICIES FOR SITE-SPECIFIC ALTERNATIVE SHELTER PLANS. AN23
ALTERNATIVE SHELTER MAY INCLUDE , BUT NEED NOT BE LIMITED TO, A24
COVERED PAVILION, BUILDING, TARP, OR VEHICLE. FOR EMERGENCY25
CIRCUMSTANCES, OUTDOOR PROGRAMS ARE NOT REQUIRED TO SEEK26
ALTERNATIVE SHELTER IN LICENSED CHILD CARE CENTER BUILDINGS .27
078
-4- (c) POLICIES FOR SITE-SPECIFIC RISK MITIGATION PLANS;1
(d) P
OLICIES FOR SITE-SPECIFIC EMERGENCY AND DISASTER2
PREPAREDNESS PLANS;3
(e) P
OLICIES FOR SITE-SPECIFIC EVACUATION PLANS; AND4
(f) P
OLICIES AND PROCEDURES FO R OUTDOOR PROGRAMS TO OPT5
OUT OF CERTAIN DEPARTMENT REQUIREMENTS THROUGH THE6
SITE-SPECIFIC RISK MITIGATION PLAN DESCRIBED IN SUBSECTION (1)(c) OF7
THIS SECTION. THE POLICIES AND PROCEDURES MUST INCLUDE GUIDANCE8
ON THE DEPARTMENTAL EVALUATION AND APPROVAL OF THE9
SITE-SPECIFIC RISK MITIGATION PLAN BASED ON THE GEOGRAPHIC10
LOCATION OF THE OUTDOOR PROGRAM , THE AGES OF THE CHILDREN11
PARTICIPATING, AND THE ABILITY OF THE OUTDOOR PROGRAM TO12
DEMONSTRATE ADEQUATE SAFETY MEASURES TO PROTECT CHILDREN .13
(2) (a) T
HE DEPARTMENT SHALL PROVIDE TRAINING TO LICENSING14
STAFF WHO OVERSEE SITE INSPECTIONS FOR OUTDOOR PROGRAMS . THE15
TRAINING MUST INCLUDE INFORMATION ON HOW TO :16
(I) I
NTERPRET SITE-SPECIFIC PLANS;17
(II) C
ONDUCT INSPECTIONS OF SITE-SPECIFIC OUTDOOR PROGRAMS;18
(III) C
OMMUNICATE WITH LOCAL FIRE DEPARTMENTS THAT19
INSPECT OUTDOOR PROGRAMS ; AND20
(IV) C
OMMUNICATE WITH THE DEPARTMENT OF PUBLIC HEALTH21
AND ENVIRONMENT STAFF WHO INSPECT OUTDOOR PROGRAMS .22
(b) B
EGINNING DECEMBER 1, 2026, THE
DEPARTMENT SHALL23
PROVIDE TRAINING TO OUTDOOR PROGRAM OPERATORS AND STAFF ON24
HOW TO IMPLEMENT AND OPERATE OUT DOOR PROGRAMS IN COLORADO.25
T
HE DEPARTMENT SHALL COLLABORATE WITH EXISTING OUTDOOR26
PROGRAMS TO CREATE AND IMPLEMENT THE TRAINING USING A27
078
-5- BENEFIT-RISK ASSESSMENT.1
(3) T
HE DEPARTMENT SHALL COLLABORATE WITH :2
(a) L
OCAL FIRE DEPARTMENTS ON FIRE PREVENTION AND3
PROTECTION REQUIREMENTS FOR OUTDOOR PROGRAMS ; AND4
(b) T
HE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ON5
SANITARY STANDARDS FOR OUTDOOR PROGRAMS .6
(4) F
OR THE 2024-25 FISCAL YEAR, AND EACH FISCAL YEAR
7
THEREAFTER THROUGH THE 2026-27 FISCAL YEAR, THE GENERAL8
ASSEMBLY SHALL APPROPRIATE THIRTY THOUSAND DOLLARS FROM THE9
CHILD CARE LICENSING CASH FUND CREATED IN SECTION 26.5-5-311 (4) TO10
THE DEPARTMENT TO IMPLEMENT THE OUTDOOR PROGRAM .11
(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE12
REQUIRES, "BENEFIT-RISK ASSESSMENT" MEANS A PROCESS TO IDENTIFY13
HAZARDS AND RISKS FOR PLAY ELEMENTS IN OUTDOOR NATURE -BASED14
PRESCHOOL PROGRAMS AND THE CREATION OF A PLAN TO MITIGATE A15
CHILD'S RISK OF INJURY WHILE MAINTAINING DEVELOPMENTAL BENEFITS16
FOR CHILDREN.17
SECTION 4. In Colorado Revised Statutes, 25-1.5-101, amend18
(1)(h) as follows:19
25-1.5-101. Powers and duties of department - laboratory cash20
fund - office of suicide prevention - suicide prevention coordination21
cash fund - report - dispensation of payments under contracts with22
grantees - definitions. (1) The department has, in addition to all other23
powers and duties imposed upon it by law, the powers and duties24
provided in this section as follows:25
(h) To establish and enforce sanitary standards for the operation26
and maintenance of orphanages, day care nurseries, foster homes, family27
078
-6- care homes, summer camps for children, lodging houses, OUTDOOR1
NATURE-BASED PRESCHOOL PROGRAMS , guest child care facilities and2
public services short-term child care facilities as defined in section3
26.5-5-303, hotels, public conveyances and stations, schools, factories,4
workshops, industrial and labor camps, recreational resorts and camps,5
swimming pools, public baths, mobile home parks, and other buildings,6
centers, and places used for public gatherings;7
SECTION 5. Appropriation. (1) For the 2024-25 state fiscal8
year, $179,569 is appropriated to the department of early childhood for9
use by the licensing and administration division. This appropriation10
consists of $149,569 from the general fund and $30,000 from the child11
care licensing cash fund created in section 26.5-5-311 (4), C.R.S. To12
implement this act, the division may use this appropriation as follows:13
(a) $145,451, which consists of $121,151 general fund and14
$24,300 from the child care licensing cash fund, for personal services,15
which amount is based on an assumption that the division will require an16
additional 1.8 FTE; and17
(b) $34,118, which consists of $28,418 from the general fund and18
$5,700 from the child care licensing cash fund, for operating expenses.19
(2) For the 2024-25 state fiscal year, $35,341 is appropriated to20
the department of public health and environment for use by the division21
of environnmental health and sustainability. This appropriation is from22
the general fund and is based on an assumption that the division will23
require an additional 0.4 FTE. To implement this act, the division may24
use this appropriation for environmental health programs.25
SECTION 6. Act subject to petition - effective date. This act26
takes effect at 12:01 a.m. on the day following the expiration of the27
078
-7- ninety-day period after final adjournment of the general assembly; except1
that, if a referendum petition is filed pursuant to section 1 (3) of article V2
of the state constitution against this act or an item, section, or part of this3
act within such period, then the act, item, section, or part will not take4
effect unless approved by the people at the general election to be held in5
November 2024 and, in such case, will take effect on the date of the6
official declaration of the vote thereon by the governor.7
078
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