Colorado Fire Protection Licensing Law

Colorado Code · 133 sections

The following is the full text of Colorado’s fire protection licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 12-115-116

12-115-116. Exemptions - definition. (1) Employees of public service corporations, rural electrification associations, or municipal utilities generating, distributing, or selling electrical energy for light, heat, or power or for operating street railway systems, or telephone or telegraph systems, or their corporate affiliates and their employees or employees of railroad corporations, or lawfully permitted or franchised cable television companies and their employees shall not be required to hold licenses while doing electrical work for those purposes.

(2)  Nothing in this article 115 shall be construed to require any individual to

hold a license before doing electrical work on his or her own property or residence if all such electrical work, except for maintenance or repair of existing facilities, is inspected as provided in this article 115; if, however, the property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is generally open to the public, the owner shall be responsible for, and the property shall be subject to, all of the provisions of this article 115 pertaining to inspection and licensing, unless specifically exempted therein.

(3) (a)  Nothing in this article 115 requires a regular employee of a firm or

corporation to hold a license before doing any electrical work on the property of the firm or corporation, whether or not the property is owned, leased, or rented if:

(I)  The firm or corporation employing the employee performing the work has

all the electrical work installed in conformity with the minimum standards as set forth in this article 115;

(II)  The work is subject to inspection by the board or its inspectors by request

in writing in accordance with section 12-115-120; and

(III)  The property of the firm or corporation is not generally open to the

public.

(b)  Neither a license for the firm or corporation, nor an inspection by the

board or its inspectors, nor the payment of any fees thereon shall be required, with the exception of inspection by the board or its inspectors when performed by written request. Nothing contained in this article 115 requires a license, an inspection by the board or its inspectors, or the payment of any fees for any electrical work performed for the maintenance or repair of existing facilities that are exempt as provided in this section.

(4)  If the property of any person, firm, or corporation is: Rental property or is

developed for sale, lease, or rental; occupied or is to be occupied by tenants for lodging, either transient or permanent; or generally open to the public, the property is subject to all the provisions of this article 115 pertaining to inspection and licensing; except that the maintenance or repair of existing property specified in this subsection (4) is not subject to this article 115.

(5)  Nothing in this article 115 shall be construed to cover the installation,

maintenance, repair, or alteration of vertical transportation or passenger conveyors, elevators, escalators, moving walks, dumbwaiters, stage lifts, man lifts, or appurtenances thereto beyond the terminals of the controllers. Furthermore, elevator contractors or constructors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(6) (a)  Nothing in this article 115 shall be construed to require an individual to

hold a license before doing any maintenance or repair of existing facilities on his or her own property or residence, nor to require inspection by the board or its inspectors, nor to pay any fees connected therewith.

(b)  Nothing in this article 115 shall be construed to require any firm or

corporation or its regular employees to be required to hold a license before doing maintenance or repair of existing facilities on the property of the firm or corporation, whether or not the property is generally open to the public; nor shall inspection by the board or its inspectors or the payment of any fees connected therewith be required.

(c)  For the purposes of this subsection (6), maintenance or repair of existing

facilities means to preserve or keep in good repair lawfully installed facilities by repairing or replacing components with new components that serve the same purpose.

(7)  An individual, firm, copartnership, or corporation may engage in business

as an electrical contractor without an electrician's license if all electrical work performed by the individual, firm, copartnership, or corporation is under the direction and control of a licensed master electrician.

(8)  Any person who plugs in any electrical appliance where an approved

electrical outlet is already installed shall not be considered an installer.

(9)  No provision of this article 115 shall in any manner interfere with, hamper,

preclude, or prohibit any vendor of any electrical appliance from selling, delivering, and connecting any electrical appliance, if the connection of the appliance does not necessitate the installation of electrical wiring of the structure where the appliance is connected.

(10)  The provisions of this article 115 shall not be applicable to the

installation or laying of metal or plastic electrical conduits in bridge or highway projects where the conduits must be laid according to specifications complying with applicable electrical codes.

(11)  Repealed.


(12)  Inasmuch as electrical licensing and the examination of persons

performing electrical work is a matter of statewide concern, the examination, certification, licensing, or registration of electrical contractors, master electricians, journeymen electricians, residential wiremen, or apprentices who are licensed, registered, or certified under this article 115 shall not be required by any city, town, county, city and county, or qualified state institution of higher education; however, any such local governmental authority or qualified state institution of higher education may impose reasonable registration requirements on any electrical contractor as a condition of performing services within the jurisdiction of the authority or within buildings owned or leased or on land owned by the qualified state institution of higher education. No fee shall be charged for the registration.

(13)  The provisions of this article 115 shall not be applicable to any surface or

subsurface operation or property used in, around, or in conjunction with any mine that is inspected pursuant to the Federal Mine Safety and Health Amendments Act of 1977, Pub.L. 95-164, as amended, except permanent state highway tunnel facilities, which shall conform to standards based on the national electrical code. Nothing contained in this subsection (13) shall prohibit the department of transportation from adopting more stringent standards or requirements than those provided by the minimum standards specified in the national electrical code, and the department of transportation shall furnish a copy of the more stringent standards to the board.

(14) (a)  The permit and inspection provisions of this article 115 do not apply

to:

(I)  Installations under the exclusive control of electric utilities for the

purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, whether the installations are located in buildings used exclusively for utilities for those purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; or

(II)  Load control devices for electrical hot water heaters that are owned,

leased, or otherwise under the control of, and are operated by, an electric utility, and are on the load side of the single-family residential meter, if the equipment was installed by a registered electrical contractor. The contractor will notify appropriate local authorities that the work has been completed in order that an inspection may be made at the expense of the utility company.

(b)  This subsection (14) does not exempt any premises wiring on buildings,

structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (14), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (14) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility.

(15)  Nothing in this article 115 shall be construed to:


(a)  Cover the installation, maintenance, repair, or alteration of security

systems of fifty volts or less, lawn sprinkler systems, environmental controls, or remote radio-controlled systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(b)  Cover the installation, maintenance, repair, or alteration of electronic

computer data processing equipment and systems beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(c) (I)  Except to the extent that a communication system's cables and

systems utilized for conveying power are hard-wired into a building's electrical system but subject to subsection (16)(a) of this section, cover the installation, maintenance, repair, or alteration of communications systems, including:

(A)  Telephone and telegraph systems not exempted as utilities in subsection

(1) of this section;

(B)  Radio and television receiving and transmitting equipment and stations;

and

(C)  Antenna systems other than community antenna television systems

beyond the terminals of the controllers.

(II)  The contractors performing any installation, maintenance, repair, or

alteration under the exemption specified in this subsection (15)(c) and their employees are not covered by the licensing requirements of this article 115.

(d)  Cover the installation, maintenance, repair, or alteration of electric signs,

cranes, hoists, electroplating, industrial machinery, and irrigation machinery beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(e)  Cover the installation, maintenance, repair, or alteration of equipment and

wiring for sound recording and reproduction systems, centralized distribution of sound systems, public address and speech-input systems, or electronic organs beyond the terminals of the controllers. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115.

(f)  Require either that employees of the federal government who perform

electrical work on federal property shall be required to be licensed before doing electrical work on the property or that the electrical work performed on the property shall be regulated pursuant to this article 115;

(g)  Require licensing that covers the installation, maintenance, repair, or

alteration of fire alarm systems operating at fifty volts or less. Furthermore, the contractors performing any installation, maintenance, repair, or alteration under this exemption, or their employees, shall not be covered by the licensing requirements of this article 115 but shall be subject to all provisions of this article 115 pertaining to inspections and permitting.

(16)  Nothing in this article 115 applies to:


(a) (I)  The installation, maintenance, repair, or alteration of class 2 and class

3 remote-control, signaling, and power-limited circuits, as defined by the national electrical code; or

(II)  Contractors or their employees performing any installation, maintenance,

repair, or alteration of the circuits specified in subsection (16)(a)(I) of this section; or

(b)  The installation, maintenance, repair, or alteration of traffic signals or

requires licensure for that work.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

854, � 1, effective October 1; (3), (4), IP(14)(a), (14)(a)(II), and (15)(c) amended, (11) repealed, and (16) added, (SB 19-156), ch. 346, p. 3204, � 15, effective October 1.

Editor's note: (1)  This section is similar to former � 12-23-111 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

C.R.S. § 12-155-103

12-155-103. Definitions. As used in this article 155, unless the context otherwise requires:

(1)  Board means the state plumbing board created in section 12-155-104.


(1.2)  Colorado fuel gas code means a code adopted by rule of the board for

the inspection of plumbing fuel gas pipe installations.

(1.4)  Colorado plumbing code or the code means a code established by

the board that consists of standards for plumbing installation, plumbing materials, conservation, medical gas, sanitary drainage systems, and solar plumbing that could directly affect the potable water supply.

(1.6) (a)  Conservation means efficiency measures that meet national

guidelines and standards and are tested and approved by a nationally recognized testing laboratory, including:

(I)  Water-efficient devices and fixtures; and


(II)  The use of locally produced materials, when practicable, to reduce

transportation impacts.

(b)  When conservation conflicts with safety, the board shall give primary

consideration to safety.

(c)  Nothing in this subsection (1.6) affects the board's authority to establish

the Colorado plumbing code as specified in section 12-155-106.

(2)  Gas piping means any arrangement of piping used to convey fuel gas,

supplied by one meter, and each arrangement of gas piping serving a building, structure, or premises, whether individually metered or not. Gas piping or gas piping system does not include the installation of gas appliances where existing service connections are already installed, nor does the term include the installations, alterations, or maintenance of gas utilities owned by a public utility certified pursuant to article 5 of title 40 or a public utility owned or acquired by a city or town pursuant to article 32 of title 31.

(3)  Journeyworker plumber means any person, other than a master

plumber, residential plumber, or plumbing apprentice, who engages in or works at the actual installation, alteration, repair, and renovation of plumbing in accordance with the standards and rules established by the board.

(4)  Master plumber means a person who has the necessary qualifications,

training, experience, and technical knowledge to properly plan, lay out, and install and repair plumbing apparatus and equipment including the supervision of such in accordance with the standards and rules established by the board.

(5) to (7)  Repealed.


(8) (a)  Plumbing includes the following items located within the building or

extending five feet from the building foundation, excluding any service line extending from the first joint to the property line: All potable water supply and distribution pipes and piping; all plumbing fixtures and traps; all drainage and vent pipes; all water conditioning appliances connected to the potable water system; all building drains, including their respective joints and connections, devices, receptacles, and appurtenances; all multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; and all medical gas and vacuum systems in health-care facilities.

(b)  Notwithstanding subsection (8)(a) of this section, the following is not

included within the definition of plumbing:

(I)  Installations, extensions, improvements, remodeling, additions, and

alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, cities and towns pursuant to article 35 of title 31, or water and sanitation districts pursuant to article 1 or article 4 of title 32; or

(II)  Installations, extensions, improvements, remodeling, additions, and

alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or

(III)  Performance, location, construction, alteration, installation, and use of

on-site wastewater treatment systems pursuant to article 10 of title 25 that are located within a property line.

(9)  Plumbing apprentice means any person, other than a master,

journeyworker, or residential plumber, who, as the person's principal occupation, is engaged in learning and assisting in the installation of plumbing.

(10)  Plumbing contractor means any person, firm, partnership, corporation,

association, or other organization that undertakes or offers to undertake for another the planning, laying out, supervising, installing, or making of additions, alterations, and repairs in the installation of plumbing. In order to act as a plumbing contractor, the person, firm, partnership, corporation, association, or other organization must either be or employ a full-time master plumber. Plumbing contractor does not include a water conditioning contractor, a water conditioning installer, or a water conditioning principal.

(11)  Potable water means water that is safe for drinking, culinary, and

domestic purposes and that meets the requirements of the department of public health and environment.

(12)  Qualified state institution of higher education means:


(a)  One of the state institutions of higher education established under,

specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on those campuses;

(b)  The institution whose campus is established under and specified in

section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and

(c)  The institution whose campus is established under and specified in

section 23-20-101 (1)(d), but limited to current and future buildings owned or leased or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).

(13)  Residential plumber means any person, other than a master or

journeyworker plumber or plumbing apprentice, who has the necessary qualifications, training, experience, and technical knowledge, as specified by the board, to install plumbing and equipment in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground.

(13.5)  Tiny home has the meaning set forth in section 24-32-3302 (35).


(14) (a)  Water conditioning contractor means a person that is not a

plumbing contractor and that:

(I)  Undertakes or offers to undertake for another the planning, laying out,

supervising, installing, or making of additions, alterations, or repairs in the installation of water conditioning appliances in one-, two-, three-, or four-family dwellings, which dwellings must not extend more than two stories aboveground; and

(II)  Is required to be registered pursuant to section 12-155-108 (4).


(b)  Repealed.


(15) (a)  Water conditioning installer means a person that is not a licensed

plumber and that:

(I)  Has the necessary qualifications, training, experience, and technical

knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, in accordance with the standards and rules established by the board;

(II)  Is certified by a national water conditioning association recognized by the

board, with the type of certification specified by the board; and

(III)  Is required to be registered pursuant to section 12-155-108 (5).


(b)  Repealed.


(16) (a)  Water conditioning principal means a person that is not a licensed

plumber and that:

(I)  Has the necessary qualifications, training, experience, and technical

knowledge to properly plan, lay out, and install water conditioning appliances in one-, two-, three-, and four-family dwellings, which dwellings must not extend more than two stories aboveground, including the supervision of the work in accordance with the standards and rules established by the board;

(II)  Is certified by a national water conditioning association recognized by the

board, with the type of certification specified by the board; and

(III)  Is required to be registered pursuant to section 12-155-108 (6).


(b)  Repealed.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

987, � 1, effective October 1. L. 2022: (13.5) added, (HB 22-1242), ch. 172, p. 1137, � 29, effective August 10. L. 2024: (3), (9), (13), IP(14)(a), IP(15)(a), and IP(16)(a) amended and (14)(b), (15)(b), and (16)(b) repealed, (HB 24-1344), ch. 343, p. 2320, � 1, effective July 1; (3), (9), and (13) amended, (HB 24-1344), ch. 343, p. 2321, � 2, effective July 1, 2025. L. 2025: (1.2), (1.4), and (1.6) added with relocations and (5), (6), and (7) repealed, (HB 25-1306), ch. 204, pp. 925, 926, �� 1, 2, effective August 6.

Editor's note: (1)  This section is similar to former � 12-58-102 as it existed

prior to 2019.

(2)  Amendments to subsections (3), (9), and (13) by sections 1 and 2 of HB 24-1344 were harmonized, effective July 1, 2025.


(3)  Subsections (1.2), (1.4), and (1.6) are similar to former subsections (6), (5),

and (7), respectively, as they existed prior to 2025.

C.R.S. § 12-155-118

12-155-118. Exemptions. (1) Any person selling or dealing in plumbing materials or supplies, but not engaged in the installation, alteration, repairing, or removal of plumbing, shall not be required to employ or have a licensed plumber in charge.

(2)  Nothing in this article 155 requires an individual to hold a license to

perform plumbing work on the individual's own property or residence or prevents a person from employing an individual on either a full- or a part-time basis to do routine repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, toilets, and domestic appliances and equipment equipped with backflow preventers; except that, if such property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is a commercial or industrial building, the owner is responsible for and the property is subject to the provisions of this article 155 pertaining to licensing, unless specifically exempted therein.

(3)  Nothing in this article 155 shall be construed to apply to the manufacture

of housing that is subject to the provisions of article 32 of title 24 or the installation of individual residential or temporary construction units of manufactured housing water and sewer hookups inspected pursuant to section 12-155-105 (2).

(4)  Individuals who are engaged in inspecting, testing, or repairing backflow

prevention devices are exempt from licensure under this article 155. Individuals who engage in the installation or removal of backflow prevention devices are not exempt from licensure under this article 155, except when the individuals are installing or replacing a backflow prevention device on a stand-alone fire suppression system, as defined in section 24-33.5-1202 (6).

(5)  Nothing in this article 155 shall be construed to require either that

employees of the federal government who perform plumbing work on federal property shall be required to be licensed before doing plumbing work on the property or that the plumbing work performed on the property shall be regulated pursuant to this article 155.

(6) (a)  Nothing in this article 155 requires a plumbing license, registration, or

permit to perform:

(I)  The installation, extension, alteration, or maintenance, including the

related water piping and the indirect waste piping, of domestic appliances equipped with backflow preventers, including lawn sprinkling systems; residential ice makers, humidifiers, electrostatic filter washers, or water heating appliances; building heating appliances and systems; fire protection systems except for multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; air conditioning installations; process and industrial equipment and piping systems; or indirect drainage systems not a part of a sanitary sewer system; or

(II)  The repair and replacement of garbage disposal units and dishwashers

directly connected to the sanitary sewer system, including the necessary replacement of all tail pipes and traps, or the repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, and toilets.

(b)  Notwithstanding subsection (6)(a) of this section, plumbing does not

include:

(I)  Installations, extensions, improvements, remodeling, additions, and

alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, cities and towns pursuant to article 35 of title 31, or water and sanitation districts pursuant to article 1 or article 4 of title 32;

(II)  Installations, extensions, improvements, remodeling, additions, and

alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or

(III)  Performance, location, construction, alteration, installation, and use of

on-site wastewater treatment systems pursuant to article 10 of title 25 that are located within a property line.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1002, � 1, effective October 1. L. 2022: (3) amended, (HB 22-1242), ch. 172, p. 1137, � 31, effective August 10. L. 2024: (2) and (4) amended, (HB 24-1344), ch. 343, p. 2326, � 18, effective July 1. L. 2025: (4) amended, (HB 25-1077), ch. 39, p. 187, � 1, effective March 28.

Editor's note: This section is similar to former � 12-58-113 as it existed prior

to 2019.

C.R.S. § 13-21-113.7

13-21-113.7. Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration. (1) A volunteer firefighter or volunteer who, in good faith, takes part in firefighting efforts or provides emergency care, rescue, assistance, or recovery services at the scene of an emergency; any incident management team; and any person who, in good faith, commands, directs, employs, sponsors, or represents any such volunteer firefighter, volunteer, or incident management team shall not be liable for civil damages as a result of an act or omission by such volunteer firefighter, volunteer, incident management team, or other person in connection with the emergency or with activities described in section 33-1-102 (1.3); except that this exemption shall not apply to grossly negligent, willful, wanton, or reckless acts or omissions.

(2)  As used in this section:


(a)  Emergency means any incident to which a response by a fire

department or incident management team is appropriate or requested, including, without limitation:

(I)  A fire, fire alarm response, motor vehicle accident, rescue call, or

hazardous materials incident;

(II)  A natural or man-made disaster such as an earthquake, flood, or severe

weather event;

(III)  A terrorist attack; or


(IV)  An outbreak of a harmful biological agent or infectious disease.


(b)  Fire department has the meaning set forth in section 24-33.5-1202,

C.R.S., and includes a fire department that uses paid firefighters, volunteer firefighters, or both. The term includes, without limitation, not-for-profit nongovernmental entities that are organized to provide firefighting services and recognized under section 24-33.5-1208.5, C.R.S.

(c)  Incident management team means an ad hoc or standing team of

trained personnel from different departments, organizations, agencies, and jurisdictions, including persons engaged in backcountry search and rescue efforts as defined in section 33-1-102 (1.3), activated to manage the logistical, fiscal, planning, operational, safety, and community issues related to an emergency or other incident.

(c.5)  Volunteer has the meaning as set forth in section 13-21-115.5.


(d)  Volunteer firefighter has the meaning set forth in section 31-30-1102,

C.R.S., and includes volunteer firefighters of not-for-profit nongovernmental entities that are organized to provide firefighting services.

(3)  The general assembly intends that the provisions of this section and of

the Colorado Governmental Immunity Act, article 10 of title 24, C.R.S., be read together and harmonized. If any provision of this section is construed to conflict with a provision of the Colorado Governmental Immunity Act, the provision that grants the greatest immunity shall prevail.

(4)  Nothing in this section alters the protections set forth in section 12-315-117, 13-21-108, 13-21-115.5, or 24-33.5-1505.


Source: L. 2009: Entire section added, (SB 09-013), ch. 413, p. 2284, � 2,

effective June 3. L. 2014: (1) amended and (2)(c.5) and (4) added, (SB 14-138), ch. 55, p. 252, � 1, effective March 21. L. 2015: (2)(b) amended, (HB 15-1017), ch. 3, p. 8, � 5, effective March 11. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1664, � 70, effective October 1. L. 2022: (1) and (2)(c) amended, (SB 22-168), ch. 296, p. 2119, � 3, effective June 1.

Editor's note: Subsection (2)(c.5) was numbered as (2)(e) in Senate Bill 14-138 but has been renumbered on revision for ease of location.


Cross references: In 2009, this section was added by the Marc Mullinex

Volunteer Firefighter Protection Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 413, Session Laws of Colorado 2009.

C.R.S. § 18-8-111

18-8-111. False reporting to authorities - false reporting of an emergency - definition. (1) (a) A person commits false reporting to authorities if:

(I)  He or she knowingly:


(A)  Causes by any means, including but not limited to activation, a false

alarm of fire or other emergency or a false emergency exit alarm to sound or to be transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency which deals with emergencies involving danger to life or property; or

(B)  Prevents by any means, including but not limited to deactivation, a

legitimate fire alarm, emergency exit alarm, or other emergency alarm from sounding or from being transmitted to or within an official or volunteer fire department, ambulance service, law enforcement agency, or any other government agency that deals with emergencies involving danger to life or property; or

(II)  He or she makes a report or knowingly causes the transmission of a

report to law enforcement authorities of a crime or other incident within their official concern when he or she knows that it did not occur; or

(III)  He or she makes a report or knowingly causes the transmission of a

report to law enforcement authorities pretending to furnish information relating to an offense or other incident within their official concern when he or she knows that he or she has no such information or knows that the information is false; or

(IV)  Repealed.


(b)  False reporting to authorities is a class 2 misdemeanor.


(c)  Repealed.


(2) (a)  A person commits false reporting of an emergency if he or she

knowingly commits an act in violation of subsection (1) of this section that includes a knowing false report of an imminent threat to the safety of a person or persons by use of a deadly weapon.

(b) (I)  Except as otherwise provided in this subsection (2)(b), false reporting

of an emergency is a class 2 misdemeanor.

(II)  False reporting of an emergency is a class 1 misdemeanor, if:


(A)  The threat causes the occupants of a building, place of assembly, or

facility of public transportation to be evacuated or to be issued a shelter-in-place order, the threat causes any disruptions or impacts to regular activities, or the threat results in the initiation of a standard response protocol in response to the false report; or

(B)  The emergency response results in bodily injury of another person.


(III)  False reporting of an emergency is a class 4 felony if the emergency

response results in serious bodily injury of another person.

(IV)  False reporting of an emergency is a class 3 felony if the emergency

response results in the death of another person.

(c)  Upon a conviction pursuant to this subsection (2), in addition to any other

sentence imposed or restitution ordered, the court shall sentence the defendant to pay restitution in an amount equal to the cost of any emergency response or evacuation, including but not limited to fire and police response, emergency medical service or emergency preparedness response, and transportation of any individual from the building, place of assembly, or facility of public transportation.

(d)  It is not a defense to a prosecution pursuant to this subsection (2) that

the defendant or another person did not have the intent or capability of committing the threatened or reported act.

(3)  For purposes of subsections (1) and (2) of this section, the offense is

committed and the defendant may be tried in the county where the defendant made the report, the county where the false report was communicated to law enforcement, or the county where law enforcement responded to the false report.

(4)  A violation of this section does not preclude a conviction for a violation of

any other criminal offense.

Source: L. 71: R&RE, p. 456, � 1. C.R.S. 1963: � 40-8-111. L. 77: (1)(b) and (1)(c)

amended, p. 965, � 39, effective July 1. L. 86: (2) amended, p. 771, � 9, effective July 1. L. 96: (1)(c) amended and (1)(d) and (3) added, pp. 1840, 1841, �� 2, 3, effective July 1. L. 97: (3) amended, p. 1541, � 6, effective July 1. L. 2012: (1)(a) and (2) amended, (HB 12-1304), ch. 237, p. 1049, � 2, effective May 29. L. 2018: Entire section amended, (SB 18-068), ch. 401, p. 2370, � 1, effective July 1. L. 2021: (1)(b), (2)(b)(I), and IP(2)(b)(II) amended, (SB 21-271), ch. 462, p. 3195, � 277, effective March 1, 2022; (1)(a)(IV)(B) and (1)(c)(II) added by revision, (SB 21-271), ch. 462, pp. 3195, 3331, �� 277, 803. L. 2023: (2)(b)(II)(A) amended, (SB 23-249), ch. 418, p. 2470, � 3, effective June 7.

Editor's note: Subsections (1)(a)(IV)(B) and (1)(c)(II) provided for the repeal of

subsections (1)(a)(IV) and (1)(c), respectively, effective March 1, 2022. (See L. 2021, pp. 3195, 3331.)

Cross references: For the legislative declaration in the 2012 act amending

subsections (1)(a) and (2), see section 1 of chapter 237, Session Laws of Colorado 2012.

C.R.S. § 18-9-201

18-9-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Abandon means the leaving of an animal without adequate provisions

for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.

(2)  Animal means any living dumb creature, including a certified police

working dog, a police working horse, and a service animal as those terms are defined, respectively, in subsections (2.3), (2.4), and (4.7) of this section.

(2.3)  Certified police working dog means a dog that has current

certification from a state or national agency or an association that certifies police working dogs, and that is part of a working law enforcement team.

(2.4)  Police working horse means a horse that is currently working full time

or part time as part of a working law enforcement team and has met the standards of the law enforcement team to work in such capacity.

(2.5)  Disposal or disposition means adoption of an animal; return of an

animal to the owner; sale of an animal under section 18-9-202.5 (4); release of an animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.; release of an animal to another pet animal facility licensed pursuant to article 80 of title 35, C.R.S.; or release of an animal to a rehabilitator licensed by the parks and wildlife division or the United States fish and wildlife service; or euthanasia.

(2.7)  Euthanasia means to produce a humane death by techniques

accepted by the American veterinary medical association.

(2.8)  Law enforcement animal means a certified working dog or a police

working horse.

(2.9)  Livestock means bovine, camelids, caprine, equine, ovine, porcine, and

poultry.

(3)  Mistreatment means every act or omission that causes or unreasonably

permits the continuation of unnecessary or unjustifiable pain or suffering.

(4)  Neglect means failure to provide food, water, protection from the

elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.

(4.5)  Serious physical harm, as used in section 18-9-202, means any of the

following:

(a)  Any physical harm that carries a substantial risk of death;


(b)  Any physical harm that causes permanent maiming or that involves some

temporary, substantial maiming; or

(c)  Any physical harm that causes acute pain of a duration that results in

substantial suffering.

(4.7)  Service animal means any animal, the services of which are used to

aid the performance of official duties by a fire department, fire protection district, or governmental search and rescue agency. Unless otherwise specified, service animal does not include a certified police working dog or a police working horse as defined in subsections (2.3) and (2.4) of this section.

(5)  Sexual act with an animal means an act between a person and an

animal involving direct physical contact between the genitals of one and the mouth, anus, or genitals of the other. A sexual act with an animal may be proven without allegation or proof of penetration. Nothing in this subsection (5) shall be construed to prohibit accepted animal husbandry practices.

Source: L. 71: R&RE, p. 471, � 1. C.R.S. 1963: � 40-9-201. L. 90: (1), (3), and (4)

amended, p. 1611, � 3, effective July 1. L. 99: Entire section amended, p. 357, � 3, effective August 4. L. 2006: (2.5) amended, p. 893, � 1, effective August 7. L. 2007: IP amended and (2.9) and (5) added, p. 725, � 4, effective July 1. L. 2011: IP and (2) amended, (HB 11-1151), ch. 81, p. 219, � 1, effective August 10. L. 2012: (2.5) amended, (HB 12-1125), ch. 102, p. 345, � 2, effective September 1. L. 2016: IP and (2) amended and (2.3), (4.5), and (4.7) added, (HB 16-1348), ch. 236, p. 952, � 1, effective June 6. L. 2018: (2) and (4.7) amended and (2.4) added, (HB 18-1041), ch. 19, p. 266, � 1, effective March 7. L. 2019: (2), (2.4), and (4.7) amended, (HB 19-1180), ch. 75, p. 276, � 1, effective April 4. L. 2024: (2.8) added, (HB 24-1074), ch. 69, p. 226, � 1, effective April 17.

C.R.S. § 19-1-103

19-1-103. Definitions. As used in this title 19 or in the specified portion of this title 19, unless the context otherwise requires:

(1) (a)  Abuse or child abuse or neglect, as used in part 3 of article 3 of

this title 19, means an act or omission in one of the following categories that threatens the health or welfare of a child:

(I)  Any case in which a child exhibits evidence of skin bruising, bleeding,

malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death and either: Such condition or death is not justifiably explained, the history given concerning such condition is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition may not be the product of an accidental occurrence;

(II)  Any case in which a child is subjected to unlawful sexual behavior as

defined in section 16-22-102 (9);

(III)  Any case in which a child is in need of services because the child's

parent, legal guardian, or custodian fails to take the same actions to provide adequate food, clothing, shelter, medical care, or supervision that a prudent parent would take. The requirements of this subsection (1)(a)(III) are subject to the provisions of section 19-3-103.

(IV)  Any case in which a child is subjected to emotional abuse. As used in this

subsection (1)(a)(IV), emotional abuse means an identifiable and substantial impairment of the child's intellectual or psychological functioning or development or a substantial risk of impairment of the child's intellectual or psychological functioning or development.

(V)  Any act or omission described in section 19-3-102 (1)(a), (1)(b), or (1)(c);


(VI)  Any case in which, in the presence of a child, or on the premises where a

child is found, or where a child resides, a controlled substance, as defined in section 18-18-102 (5), is manufactured or attempted to be manufactured;

(VII)  Any case in which a child is born affected by alcohol or substance

exposure, except when taken as prescribed or recommended and monitored by a licensed health-care provider, and the newborn child's health or welfare is threatened by substance use;

(VIII)  Any case in which a child is subjected to human trafficking of a minor

for involuntary servitude, as described in section 18-3-503, or human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2).

(b)  In all cases, those investigating reports of child abuse shall take into

account accepted child-rearing practices of the culture in which the child participates, including but not limited to accepted work-related practices of agricultural communities. Nothing in this subsection (1) refers to acts that could be construed to be a reasonable exercise of parental discipline or to acts reasonably necessary to subdue a child being taken into custody pursuant to section 19-2.5-209 that are performed by a peace officer, as described in section 16-2.5-101, acting in the good-faith performance of the officer's duties.

(2)  Adjudication has the same meaning as set forth in section 19-2.5-102.


(3)  Adjudicatory hearing means a hearing to determine whether the

allegations of a petition in dependency and neglect are supported by the evidence.

(4)  Adjudicatory trial means a trial to determine whether the allegations of

a petition in delinquency are supported by the evidence.

(5)  Administrative review means a review conducted by the department of

human services that is open to the participation of the parents of the child and conducted by an administrative reviewer who is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review.

(6)  Adoptee, as used in part 3 of article 5 of this title 19, means a person

who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.

(7) (a)  Adoption record, as used in part 3 of article 5 of this title 19, with the

exception of section 19-5-305 (2)(b)(I) to (2)(b)(IV), means the following documents and information:

(I)  The adoptee's original birth certificate and amended birth certificate;


(II)  The final decree of adoption;


(III)  Nonidentifying information, as defined in subsection (103) of this section;


(IV)  The final order of relinquishment; and


(V)  The order of termination of parental rights.


(b)  Adoption record, as used in section 19-5-305 (2)(b)(I) to (2)(b)(IV), means

the following documents and information, without redaction:

(I)  The adoptee's original birth certificate and amended birth certificate;


(II)  The final decree of adoption;


(III)  Any identifying information, such as the name of the adoptee before

placement in adoption; the name and address of each birth parent as they appear in the birth records; the name, address, and contact information of the adult adoptee; and the current name, address, and contact information of each birth parent, if known, or other information that might personally identify a birth parent;

(IV)  Any nonidentifying information, as defined in subsection (103) of this

section;

(V)  The final order of relinquishment; and


(VI)  The order of termination of parental rights.


(c)  Adoption record, as used in either subsection (7)(a) or (7)(b) of this

section, must not include pre-relinquishment counseling records, which must remain confidential.

(8)  Adoption triad means the three parties involved in an adoption: The

adoptee, the birth parent, and the adoptive parent.

(9)  Adoptive parent, as used in parts 3 and 4 of article 5 of this title 19,

means an adult who has become a parent of a minor through the legal process of adoption.

(10)  Adult means a person eighteen years of age or older; except that any

person eighteen years of age or older who is under the continuing jurisdiction of the court, who is before the court for an alleged delinquent act committed prior to the person's eighteenth birthday, or concerning whom a petition has been filed for the person's adoption other than pursuant to this title 19 must be referred to as a juvenile.

(11)  Adult adoptee, as used in parts 3 and 4 of article 5 of this title 19,

means an individual who is eighteen years of age or older and who, as a minor, was adopted pursuant to a final decree of adoption entered by a court.

(12)  Appropriate treatment plan, as used in section 19-3-508 (1)(e), means a

treatment plan approved by the court that is reasonably calculated to render the particular respondent fit to provide adequate parenting to the child within a reasonable time and that relates to the child's needs.

(13)  Assessment center for children, as used in part 3 of this article 1,

means a multi-disciplinary, community-based center that provides services to children and their families, including, but not limited to, detention, screening, case management, and therapeutic intervention relating to delinquency, abuse or neglect, family conflict, and truancy.

(14)  Basic identification information, as used in article 2.5 of this title 19,

means the name, place and date of birth, last-known address, social security number, occupation and address of employment, last school attended, physical description, photograph, handwritten signature, sex, fingerprints, and any known aliases of any person.

(15)  Biological parent or birth parent, as used in part 3 of article 5 of this

title 19, means a parent, by birth, of an adopted person.

(16)  Biological sibling, as used in part 3 of article 5 of this title 19, means a

sibling, by birth, of an adopted person. Biological sibling, as used in part 3 of article 5 of this title 19, for purposes of the definition of sibling group, as defined in subsection (127) of this section, means a brother, sister, or half-sibling of a child who is being placed in foster care or being placed for adoption.

(17)  Birth parents, as used in part 4 of article 5 of this title 19, means

genetic, biological, or natural parents whose rights were voluntarily or involuntarily terminated by a court or otherwise. Birth parents includes a man who is the parent of a child as established in accordance with the provisions of the Uniform Parentage Act, article 4 of this title 19, prior to the termination of parental rights.

(18)  Repealed.


(19)  Case management purposes means assessments, evaluations,

treatment, education, proper disposition or placement of the child, interagency coordination, and other services that are incidental to the administration of the program and in the best interests of the child.

(20)  Chief justice, as used in part 3 of article 5 of this title 19, means the

chief justice of the Colorado supreme court.

(21)  Child means a person under eighteen years of age.


(22)  Repealed.


(23)  Child advocacy center, as used in part 3 of article 3 of this title 19,

means a center that provides a comprehensive multidisciplinary team response to allegations of child abuse or neglect in a dedicated, child-friendly setting. The team response to allegations of child abuse or neglect includes but is not limited to technical assistance for forensic interviews, forensic medical examinations, mental health and related support services, consultation, training, and education.

(24)  Child care center means a child care center licensed and approved

pursuant to part 9 of article 6 of title 26 or part 3 of article 5 of title 26.5. If the facility is located in another state, the department of human services or the department of early childhood, as appropriate, shall designate, upon certification, that an appropriate available space does not exist in a child care facility in this state, and the facility must be licensed or approved as required by law in that state.

(25)  Child placement agency means an agency licensed or approved

pursuant to law. If such agency is located in another state, it must be licensed or approved as required by law in that state.

(26)  Child protection team, as used in part 3 of article 3 of this title 19,

means a multidisciplinary team consisting, where possible, of a physician; a representative of the juvenile court or the district court with juvenile jurisdiction; a representative of a local law enforcement agency; a representative of the county department of human or social services; a representative of a mental health clinic; a representative of a county, district, or municipal public health agency; an attorney; a representative of a public school district; and one or more representatives of the lay community, at least one of whom must be a person who serves as a foster parent in the county. Each public agency may have more than one participating member on the team; except that, in voting on procedural or policy matters, each public agency has only one vote. In no event must an attorney member of the child protection team be appointed as guardian ad litem or counsel for youth for the child or youth or as counsel for the parents at any subsequent court proceedings. The child protection team must never be composed of fewer than three persons. When any racial, ethnic, or linguistic minority group constitutes a significant portion of the population of the jurisdiction of the child protection team, a member of each such minority group must serve as an additional lay member of the child protection team. At least one of the preceding members of the team must be chosen on the basis of representing low-income families. The role of the child protection team is advisory only.

(27)  Repealed.


(28)  Commercial sexual exploitation of a child means a crime of a sexual

nature committed against a child for financial or other economic reasons.

(29)  Commit, as used in article 2.5 of this title 19, means to transfer legal

custody.

(30)  Community placement means the placement of a child for whom the

department of human services or a county department has placement and care responsibility pursuant to article 2.5 or 3 of this title 19 in any licensed or certified twenty-four-hour nonsecure care and treatment facility away from the child's parent or guardian. Community placement includes but is not limited to placement in a foster care home, group home, residential child care facility, or residential treatment facility.

(31)  Complainant, as used in section 19-3-211, means any person who was

the subject of an investigation of a report of child abuse or neglect or any parent, guardian, or legal custodian of a child who is the subject of a report of child abuse or neglect and brings a grievance against a county department of human or social services in accordance with the provisions of section 19-3-211.

(32)  Confidential intermediary, as used in part 3 of article 5 of this title 19,

means a person twenty-one years of age or older who has completed a training program for confidential intermediaries that meets the standards set forth by the commission pursuant to section 19-5-303 and who is authorized to inspect confidential relinquishment and adoption records at the request of an adult adoptee, adoptive parent, biological parent, or biological sibling.

(33)  Confirmed, as used in part 3 of article 3 of this title 19, means any

report made pursuant to article 3 of this title 19 that is found by a county department of human or social services, law enforcement agency, or entity authorized to investigate institutional abuse to be supported by a preponderance of the evidence.

(34)  Consent, as used in part 3 of article 5 of this title 19, means voluntary,

informed, written consent. When used in the context of confidential intermediaries, consent always must be preceded by an explanation that consent permits the confidential intermediary to arrange a personal contact among biological relatives. Consent may also mean the agreement for contact or disclosure of records by any of the parties identified in section 19-5-304 (2) as a result of an inquiry by a confidential intermediary pursuant to section 19-5-304.

(35)  Consent form, as used in section 19-5-305 (3), means a verified

written statement signed by an adult adoptee or an adult adoptee's consenting birth parent or an adoptive parent of a minor adoptee, and notarized, and that authorizes the release of adoption records or identifying information, to the extent available, by a licensed child placement agency.

(36)  Contact information means information supplied voluntarily by a birth

parent on a contact preference form, including the name of the birth parent at the time of relinquishment of the adoptee; the alias, if any, used at the time of relinquishment of the adoptee; and the current name, current address, and current telephone number of the birth parent.

(37)  Contact preference form means a written statement signed by a birth

parent indicating whether the birth parent prefers future contact with an adult adoptee, an adult descendant of the adoptee, or a legal representative of the adoptee or the descendant and, if contact is preferred, whether the contact should be through a confidential intermediary or a designated employee of a child placement agency.

(38)  Continuously available, as used in section 19-3-308 (4), means the

assignment of a person to be near an operable telephone not necessarily located on the premises ordinarily used for business by the county department of human or social services or to have such arrangements made through agreements with local law enforcement agencies.

(39)  Convicted or conviction, as used in section 19-5-105.5, means a plea

of guilty accepted by the court, including a plea of guilty entered pursuant to a deferred sentence pursuant to section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court, or having received a disposition as a juvenile or having been adjudicated a juvenile delinquent based on the commission of any act that constitutes sexual assault, as defined in subsection (124) of this section.

(40)  Cost of care means the cost to the department of human services or

the county department of human or social services for a child placed out of the home; or the cost to the department of human services or the county department of human or social services charged with the custody of the juvenile for providing room, board, clothing, education, medical care, and other normal living expenses for a child placed out of the home; or the cost to the department of human services or the county department of human or social services for a juvenile sentenced to a placement out of the home as determined by the court. As used in this title 19, cost of care also includes any costs associated with maintenance of a juvenile in a home detention program, supervision of probation when the juvenile is granted probation, or supervision of parole when the juvenile is placed on parole.

(41)  Counsel means an attorney-at-law who acts as a person's legal advisor

or who represents a person in court.

(41.5)  Counsel for youth means an attorney-at-law who provides

specialized client-directed legal representation for a child or youth and who owes the same duties, including undivided loyalty, confidentiality, and competent representation, to the child or youth as is due an adult client. Counsel for youth does not mean defense counsel for a juvenile pursuant to article 2.5 of this title 19.

(42)  County attorney means the office of the county attorney or city

attorney representing a county or a city and county and includes the attorneys employed or retained by such county or city and county.

(43) (a)  County department, as used in this article 1; part 2, part 3, and part

7 of article 3 of this title 19; part 2 of article 5 of this title 19; and part 3 of article 7 of this title 19, means the county or district department of human or social services.

(b)  County department means a county or a city and county department of

human or social services.

(44)  County director, as used in section 19-3-211 and part 3 of article 3 of

this title 19, means the county director or district director appointed pursuant to section 26-1-117.

(45)  Court, as used in part 3 of article 5 of this title 19, means any court of

record with jurisdiction over the matter at issue.

(46)  Court-appointed special advocate or CASA volunteer means a

volunteer appointed by a court pursuant to part 2 of this article 1 to assist in advocacy for children.

(47)  Court-appointed special advocate program or CASA program means

a program established pursuant to part 2 of this article 1.

(48)  Criminal justice agency, as used in this section, has the same meaning

as set forth in section 24-72-302 (3).

(49)  Custodial adoption, as used in part 2 of article 5 of this title 19, means

an adoption of a child by any person and the person's spouse, as required pursuant to section 19-5-202 (3), who:

(a)  Has been awarded custody or allocated parental responsibilities by a

court of law in a dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been awarded guardianship of the child by a court of law in a probate action, such as pursuant to part 2 of article 14 of title 15; and

(b)  Has had physical custody of the child for a period of one year or more.


(50)  Custodian means a person who has been providing shelter, food,

clothing, and other care for a child in the same fashion as a parent would, whether or not by order of court.

(51) (a) (I)  Custodian of records, as used in sections 19-5-305 (2) and 19-5-305.5, means any of the following individuals or entities that have custody of

records relating to the relinquishment or adoption of a child:

(A)  A court;


(B)  A state agency; or


(C)  The legal agent or representative of any entity described in subsections

(51)(a)(I)(A) and (51)(a)(I)(B) of this section.

(II)  Custodian of records, as used in sections 19-5-305 (2) and 19-5-305.5,

does not include a licensed child placement agency.

(b)  Custodian of records, as used in section 19-5-109, means an entity that

has custody of records relating to the relinquishment of a child, including a court, state agency, licensed child placement agency, maternity home, or the legal agent or representative of any such entity.

(52)  Delinquent act, as used in article 2.5 of this title 19, means a violation

of any statute, ordinance, or order enumerated in section 19-2.5-103. If a juvenile is alleged to have committed or is found guilty of a delinquent act, the classification and degree of the offense is determined by the statute, ordinance, or order that the petition alleges was violated. Delinquent act does not include truancy or habitual truancy.

(53)  Department or state department means the state department of

human services created in section 24-1-120.

(53.5)  Dependent on the court means a youth is under the juvenile court's

jurisdiction; the youth was at any time adjudicated dependent or neglected, as described in section 19-3-102, or that the court has found sufficient evidence that the youth has been subjected to child abuse or neglect, as defined in subsection (1) of this section; and the youth is in need of oversight and supportive services as determined by the court.

(54)  Designated adoption means an adoption in which:


(a)  The birth parent or parents designate a specific applicant with whom they

wish to place their child for purposes of adoption; and

(b)  The anonymity requirements of section 19-1-309 are waived.


(55)  Detention means the temporary care of a child who requires secure

custody in physically restricting facilities pending court disposition or an execution of a court order for placement or commitment. The placement of a juvenile in a state-owned psychiatric residential treatment facility, as defined in section 26-6-903, is not considered detention.

(55.5)  Diminished capacity means a child or youth who lacks sufficient

capacity to communicate or make considered decisions adequately in connection with the child's or youth's legal representation. Age or developmental maturity must not be the sole basis for a determination of diminished capacity.

(56)  Director, as used in article 2.5 of this title 19, is defined in section 19-2.5-102.


(57)  Disability has the same meaning as set forth in the federal Americans

with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations.

(58)  Dispositional hearing means a hearing to determine what order of

disposition should be made concerning a child who is neglected or dependent. The hearing may be part of the proceeding that includes the adjudicatory hearing, or it may be held at a time subsequent to the adjudicatory hearing.

(59)  Diversion has the same meaning as set forth in section 19-2.5-102.


(60)  Division of youth services or division means the division of youth

services, created in section 19-2.5-1501.

(61)  Donor, as used in article 4 of this title 19, means an individual who

produces eggs or sperm used for an assisted reproductive procedure, whether or not for consideration. Donor does not include an intended parent pursuant to section 19-4-106 (1) or (5) or section 19-4.5-109 or a spouse or civil union partner who provides reproductive tissue to be used for an assisted reproductive procedure by the other spouse or civil union partner.

(61.5)  Effective communication has the same meaning as set forth in the

federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, and its related amendments and implementing regulations.

(62)  Executive director, as used in article 3.3 of this title 19 and part 3 of

article 7 of this title 19, means the executive director of the department of human services.

(63)  Expungement, as used in section 19-1-306, means the designation of

juvenile delinquency records whereby such records are deemed never to have existed.

(64)  Family child care home means a family child care home licensed and

approved pursuant to part 3 of article 5 of title 26.5. If the facility is located in another state, the department of early childhood shall designate, upon certification, that an appropriate available space does not exist in a facility in this state. An out-of-state family child care home must be licensed or approved as required by law in that state.

(64.5)  Family time means any form of contact or engagement between

parents, legal custodians, guardians, siblings, and children or youth for the purposes of preserving and strengthening family ties.

(65)  Fire investigator means a person who:


(a)  Is an officer or member of a fire department, fire protection district, or

firefighting agency of the state or any of its political subdivisions;

(b)  Is engaged in conducting or is present for the purpose of engaging in the

conduct of a fire investigation; and

(c)  Is either a volunteer or is compensated for services rendered by the

person.

(66)  Foster care means the placement of a child or youth into the legal

custody or legal authority of a county department of human or social services for physical placement of the child or youth in a kinship care placement; supervised independent living placement, as defined in section 19-7-302; or certified or licensed facility, or the physical placement of a juvenile committed to the custody of the state department of human services into a community placement.

(67)  Foster care home means a foster care home certified pursuant to part

9 of article 6 of title 26.

(68)  Foster care prevention services means mental health and substance

abuse prevention and treatment services, in-home parent skill-based programs, kinship navigator programs, and other programs eligible for reimbursement under the federal Family First Prevention Services Act that are trauma-informed, promising, supported or well-supported, and provided to prevent foster care placement.

(69)  Governing body, as used in section 19-3-211, means the board of

county commissioners of a county or the city council of a city and county.

(70) (a)  Grandparent means a person who is the parent of a child's father or

mother, who is related to the child by blood, in whole or by half, adoption, or marriage.

(b)  Repealed.


(71)  Repealed.


(72)  Grievance, as used in section 19-3-211, means a dispute between a

complainant and a county department of human or social services concerning the conduct of county department personnel in performing their duties pursuant to article 3 of this title 19.

(73)  Group care facilities and homes means places other than foster family

care homes providing care for small groups of children. Group care facilities and homes are licensed as provided in part 9 of article 6 of title 26 or meet the requirements of section 25.5-10-214.

(74)  Guardian ad litem means a person appointed by a court to act in the

best interests of a person whom the person appointed is representing in proceedings pursuant to this title 19 and who, if appointed to represent a person in a dependency and neglect proceeding pursuant to article 3 of this title 19, must be an attorney-at-law licensed to practice in Colorado.

(75)  Guardianship of the person means the duty and authority vested by

court action to make major decisions affecting a child, including but not limited to:

(a)  The authority to consent to marriage, to enlistment in the armed forces,

and to medical or surgical treatment;

(b)  The authority to represent a child in legal actions and to make other

decisions of substantial legal significance concerning the child;

(c)  The authority to consent to the adoption of a child when the parent-child

legal relationship has been terminated by judicial decree; and

(d)  The rights and responsibilities of legal custody when legal custody has

not been vested in another person, agency, or institution.

(76)  Half-sibling has the same meaning as set forth for biological sibling

in subsection (16) of this section.

(77)  Human trafficking of a minor for involuntary servitude means an act as

described in section 18-3-503.

(78)  Human trafficking of a minor for sexual servitude means an act as

described in section 18-3-504 (2).

(79)  Identifying means giving, sharing, or obtaining information.


(80)  Identifying information, as used in section 19-5-305 (3), means copies

of any adoption records, as that term is defined in subsection (7) of this section, that are in the possession of the child placement agency. Identifying information also includes the name of the adoptee before placement in adoption; the name and address of each consenting birth parent as they appear in the birth records; the current name, address, and telephone number of the adult adoptee; and the current name, address, and telephone number of each consenting birth parent to the extent such information is available to the child placement agency.

(81)  Imminent placement out of the home, as used in section 19-1-116 (2),

means that without intercession the child will be placed out of the home immediately.

(82)  Independent living means a form of placement out of the home

arranged and supervised by the county department of human or social services where the child is established in a living situation designed to promote and lead to the child's emancipation. Independent living must only follow some other form of placement out of the home.

(83)  Indian child has the same meaning as set forth in section 19-1.2-103.


(84)  Indian child's tribe has the meaning determined pursuant to section

19-1.2-108.

(85)  Indian tribe has the same meaning as set forth in section 19-1.2-103.


(86)  Institutional abuse, as used in part 3 of article 3 of this title 19, means

any case of abuse, as defined in subsection (1) of this section, that occurs in any public or private facility in the state that provides child care out of the home, supervision, or maintenance. Institutional abuse includes an act or omission that threatens the life, health, or welfare of a child or a person who is younger than twenty-one years of age who is under the continuing jurisdiction of the court pursuant to this title 19. Institutional abuse does not include abuse that occurs in any public, private, or parochial school system, including any preschool operated in connection with said system; except that, to the extent the school system provides extended day services, abuse that occurs while such services are provided is institutional abuse. As used in this subsection (86), facility means a residential child care facility, specialized group facility, foster care home, or any other facility licensed pursuant to part 9 of article 6 of title 26; family child care home licensed pursuant to part 3 of article 5 of title 26.5; noncertified kinship care providers that provide care for children with an open child welfare case who are in the legal custody of a county department of human or social services; or a facility or community placement, as described in section 19-2.5-1502, for a juvenile committed to the custody of the department of human services. Facility does not include any adult detention or correctional facility.

(87)  Intrafamilial abuse, as used in part 3 of article 3 of this title 19, means

any case of abuse, as defined in subsection (1) of this section, that occurs within a family context by a child's parent, stepparent, guardian, legal custodian, or relative; by a spousal equivalent, as defined in subsection (130) of this section; or by any other person who resides in the child's home or who is regularly in the child's home for the purpose of exercising authority over or care for the child; except that intrafamilial abuse does not include abuse by a person who is regularly in the child's home for the purpose of rendering care for the child if such person is paid for rendering care and is not related to the child.

(88)  Juvenile means a child as defined in subsection (21) of this section.


(89)  Juvenile court or court means the juvenile court of the city and

county of Denver or the juvenile division of the district court outside of the city and county of Denver.

(90)  Juvenile delinquent has the same meaning as set forth in section 19-2.5-102.


(91)  Kin may be a relative of the child, a person ascribed by the family as

having a family-like relationship with the child, or a person who has a prior significant relationship with the child. These relationships take into account cultural values and continuity of significant relationships with the child.

(92)  Kinship adoption, as used in part 2 of article 5 of this title 19, means an

adoption of a child by a relative of the child and such relative's spouse, as required pursuant to section 19-5-202 (3), who:

(a)  Is either a grandparent, brother, sister, half-sibling, aunt, uncle, or first

cousin; and

(b)  Has had physical custody of the child for a period of one year or more and

the child is not the subject of a pending dependency and neglect proceeding pursuant to article 3 of this title 19.

(92.5)  Language access means services provided by a court, the state

department, a county department of human or social services, a city and county, or a private-entity contractor in the person's primary language for a person with limited English proficiency.

(93)  Law enforcement officer means a peace officer, as described in

section 16-2.5-101.

(94) (a)  Legal custody means the right to the care, custody, and control of

a child and the duty to provide food, clothing, shelter, ordinary medical care, education, and discipline for a child and, in an emergency, to authorize surgery or other extraordinary care. Legal custody may be taken from a parent only by court action.

(b)  For purposes of determining the residence of a child as provided in

section 22-1-102 (2)(b), guardianship is in the person to whom legal custody has been granted by the court.

(95) (a)  Legal representative, as used in sections 19-5-304 and 19-5-305,

means the person designated by a court to act on behalf of any person described in section 19-5-304 (1)(b)(I) or 19-5-305 (2).

(b)  For purposes of the term legal representative, as used in sections 19-5-304 and 19-5-305 and as defined in subsection (95)(a) of this section, legal

guardian does not include a governmental entity of any foreign country from which a child has been adopted or any representative of such governmental entity.

(95.5)  Limited English proficiency means the limited ability to speak, read,

write, or understand the English language for a person whose primary language is not English.

(96)  Local law enforcement agency, as used in part 3 of article 3 of this

title 19, means a police department in incorporated municipalities or the office of the county sheriff.

(97)  Locating means engaging in the process of searching for or seeking

out.

(98)  Mental health professional means a person licensed to practice

medicine or psychology in this state or any person on the staff of a facility designated by the executive director of the department of human services for seventy-two-hour treatment and evaluation who is authorized by the facility to do mental or behavioral health hospital placement prescreenings, as defined in section 19-2.5-102, and who is under the supervision of a person licensed to practice medicine or psychology in this state.

(99)  Need to know, as used in section 19-1-303, means agencies or

individuals who need access to certain information for the care, treatment, supervision, or protection of a child.

(100) (a)  Neglect, as used in part 3 of article 3 of this title 19, means acts

that can reasonably be construed to fall under the definition of child abuse or neglect as defined in subsection (1) of this section.

(b)  A child is not neglected when allowed to participate in independent

activities that a reasonable and prudent parent, guardian, or legal custodian would consider safe given the child's maturity, condition, and abilities, including but not limited to activities such as:

(I)  Traveling to and from school, including walking, running, bicycling, or

other similar mode of travel;

(II)  Traveling to and from nearby commercial or recreational facilities;


(III)  Engaging in outdoor play; and


(IV)  Remaining in a home or other location that a reasonable and prudent

parent, guardian, or legal custodian would consider safe for the child.

(101)  Newborn child means a child who is less than seventy-two hours old.


(102)  Noncertified kinship care means a child is being cared for by a

relative or kin who has a significant relationship with the child in circumstances when there is a safety concern by a county department of human or social services and where the relative or kin has not met the foster care certification requirements for a kinship foster care home or has chosen not to pursue that certification process.

(103)  Nonidentifying information, as used in part 4 of article 5 of this title

19, means information that does not disclose the name, address, place of employment, or any other material information that would lead to the identification of the birth parents and that includes but is not limited to the following:

(a)  The physical description of the birth parents;


(b)  The educational background of the birth parents;


(c)  The occupation of the birth parents;


(d)  Genetic information about the birth family;


(e)  Medical information about the adult adoptee's birth;


(f)  Social information about the birth parents; and


(g)  The placement history of the adoptee.


(104)  Nonpublic agency interstate and foreign adoption, as used in section

19-5-205.5, means an interstate or foreign adoption that is handled by a private, licensed child placement agency.

(105) (a)  Parent means either a natural parent of a child, as may be

established pursuant to article 4 of this title 19, or a parent by adoption.

(b)  Parent, as used in sections 19-1-114, 19-2.5-501, and 19-2.5-611, includes

a natural parent having sole or joint custody, regardless of whether the parent is designated as the primary residential custodian, or a parent allocated parental responsibilities with respect to a child, or an adoptive parent. For the purposes of section 19-1-114, parent does not include a person whose parental rights have been terminated pursuant to the provisions of this title 19 or the parent of an emancipated minor.

(106)  Permanency hearing means a hearing in which the permanency plan

for a child in foster care is determined by the court.

(107)  Placement out of the home means placement for twenty-four-hour

residential care in any facility or center operated or licensed by the department of human services, but placement out of the home does not include any placement that is paid for totally by private money or any placement in a home for the purposes of adoption in accordance with section 19-5-205. Placement out of the home may be voluntary or court ordered. Placement out of the home includes independent living.

(108) (a)  Post-adoption record, as used in part 3 of article 5 of this title 19,

means information contained in the files subsequent to the completion of an adoption proceeding.

(b)  The post-adoption record may contain information concerning but not

limited to:

(I)  The written inquiries from persons requesting access to records;


(II)  The search efforts of the confidential intermediary;


(III)  The response, if any, to those search efforts by the persons sought;


(IV)  Any updated medical information gathered pursuant to part 3 of article

5 of this title 19; and

(V)  Any personal identifying information concerning any persons subject to

part 3 of article 5 of this title 19.

(109)  Repealed.


(110)  Protective supervision means a legal status created by court order

under which the child is permitted to remain in the child's home or is placed with a relative or other suitable person and supervision and assistance is provided by the court, department of human services, or other agency designated by the court.

(111)  Public adoption, as used in part 2 of article 5 of this title 19, means an

adoption involving a child who is in the legal custody and guardianship of the county department of human or social services that has the right to consent to adoption for that child.

(112)  Qualified individual means a trained professional or licensed clinician,

as defined in the federal Family First Prevention Services Act. Qualified individual must be approved to serve as a qualified individual according to the state plan. Qualified individual must not be an interested party or participant in the juvenile court proceeding and must be free of any personal or business relationship that would cause a conflict of interest in evaluating the child, juvenile, or youth and making recommendations concerning the child's, juvenile's, or youth's placement and therapeutic needs according to the federal Title IV-E state plan or any waiver in accordance with 42 U.S.C. sec. 675a.

(113)  Qualified residential treatment program means a licensed and

accredited program that has a trauma-informed treatment model that is designed to address the needs, including clinical needs, as appropriate, of children and youth with serious emotional or behavioral disorders or disturbances in accordance with the federal Family First Prevention Services Act, 42 U.S.C. sec. 672 (k)(4), and is able to implement the treatment identified for the child or youth by the assessment of the child required in section 19-1-115 (4)(e)(I).

(114)  Reasonable efforts, as used in articles 1, 2.5, 3, and 7 of this title 19,

means the exercise of diligence and care throughout the state of Colorado for children and youth who are in foster care or out-of-home placement or are at imminent risk of foster care or out-of-home placement. In determining whether it is appropriate to provide, purchase, or develop the supportive and rehabilitative services that are required to prevent unnecessary placement of a child or youth outside of a child's or youth's home or to foster the safe reunification of a child or youth with a child's or youth's family, as described in section 19-3-208, or whether it is appropriate to find and finalize an alternative permanent plan for a child or youth, and in making reasonable efforts, the child's or youth's health and safety are the paramount concern. Services provided by a county or city and county in accordance with section 19-3-208 are deemed to meet the reasonable effort standard described in this subsection (114). Nothing in this subsection (114) is construed to conflict with federal law.

(115)  Repealed.


(116)  Record, as used in section 19-4-106 and section 19-4.5-108, means

information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(117)  Register of actions means those portions of the electronic case

management system necessary to carry out a statutory purpose or the duties of a court appointment.

(118)  Repeat juvenile offender is described in section 19-2.5-1125.


(119)  Residual parental rights and responsibilities means those rights and

responsibilities remaining with the parent after legal custody, guardianship of the person, or both, have been vested in another person, agency, or institution, including but not limited to the responsibility for support, the right to consent to adoption, the right to reasonable parenting time unless restricted by the court, and the right to determine the child's religious affiliation.

(120)  Responsible person, as used in part 3 of article 3 of this title 19,

means a child's parent, legal guardian, or custodian or any other person responsible for the child's health and welfare.

(121)  Restorative justice has the same meaning as set forth in section 19-2.5-102.


(122)  Reunited parties, as used in section 19-5-305, means any two persons

who qualify as and meet any specified requirements for parties under the list of individuals in section 19-5-304 (1)(b)(I).

(123)  School, as used in sections 19-1-303 and 19-1-304, means a public or

parochial or other nonpublic school that provides a basic academic education in compliance with school attendance laws for students in grades one to twelve. Basic academic education has the same meaning as set forth in section 22-33-104 (2)(b).

(124)  Sexual assault, as used in sections 19-5-105, 19-5-105.5, and 19-5-105.7, means:


(a)  Sexual assault, as defined in section 18-3-402;


(b)  Sexual assault on a child, as defined in section 18-3-405;


(c)  Sexual assault on a child by one in a position of trust, as defined in

section 18-3-405.3;

(d)  Sexual assault on a client by a psychotherapist, as defined in section

18-3-405.5; or

(e)  Unlawful sexual contact, as defined in section 18-3-404.


(125)  Sexual conduct, as used in section 19-3-304 (2.5), means any of the

following:

(a)  Sexual intercourse, including genital-genital, oral-genital, anal-genital, or

oral-anal, whether between persons of the same or opposite sex or between humans and animals;

(b)  Penetration of the vagina or rectum by any object;


(c)  Masturbation; or


(d)  Sexual sadomasochistic abuse.


(126)  Shelter means the temporary care of a child in physically

unrestricting facilities pending court disposition or execution of a court order for placement.

(127)  Sibling group, as used in articles 3 and 5 of this title 19, means

biological siblings.

(128)  Special county attorney, as used in article 3 of this title 19, means an

attorney hired by a county attorney or city attorney of a city and county or hired by a county department of human or social services with the concurrence of the county attorney or city attorney of a city and county to prosecute dependency and neglect cases.

(128.5)  Special immigrant juvenile status findings includes:


(a)  Declaring the child dependent or placing the child in the custody of an

individual, agency, or department as appointed by the court;

(b)  Determining that reunification of the child with one or both parents is not

viable due to abuse, neglect, abandonment, or a similar basis found pursuant to state law. For purposes of this section, abandonment includes, but is not limited to, the death of one or both parents.

(c)  Determining that it is not in the best interests of the child to be returned

to the child's or parents' previous country of nationality or country of last habitual residence.

(129)  Special respondent, as used in article 3 of this title 19, means any

person who is not a parent, guardian, or legal custodian and who is voluntarily or involuntarily joined in a dependency or neglect proceeding for the limited purposes of protective orders or inclusion in a treatment plan and for the grounds outlined in sections 19-3-502 (6) and 19-3-503 (4).

(130)  Spousal equivalent means a person who is in a family-type living

arrangement with a parent and who would be a stepparent if married to that parent.

(131)  Standardized behavioral or mental health disorder screening means

the behavioral or mental health disorder screening conducted using the juvenile standardized screening instruments and the procedures adopted pursuant to section 16-11.9-102.

(132)  State board, as used in part 3 of article 3 of this title 19, means the

state board of human services.

(133)  State department, as used in section 19-3-211, part 3 of article 3 of

this title 19, article 3.3 of this title 19, and part 3 of article 7 of this title 19, means the department of human services created in section 24-1-120.

(134)  State registrar means the state registrar of vital statistics in the

department of public health and environment.

(135)  Status offense has the same meaning as is defined in federal law in

28 CFR 31.304, as amended.

(136)  Stepparent means a person who is married to a parent of a child but

who has not adopted the child.

(137)  Temporary holding facility means an area used for the temporary

holding of a child from the time that the child is taken into temporary custody until a detention hearing is held, if it has been determined that the child requires a staff-secure setting. Such an area must be separated by sight and sound from any area that houses adult offenders.

(138)  Temporary shelter means the temporary placement of a child, as

described in section 19-3-403.5, with kin, as defined in subsection (91) of this section; with an adult with a significant relationship with the child; or in a licensed and certified twenty-four-hour care facility.

(139)  Termination of the parent-child legal relationship

C.R.S. § 23-31-310

23-31-310. Forest restoration and wildfire risk mitigation grant program - technical advisory panel - legislative declaration - definitions - repeal. (1) Short title. The short title of this section is the Forest Restoration and Wildfire Risk Mitigation Act.

(1.5)  Legislative declaration. The general assembly hereby:


(a)  Finds that:


(I)  Colorado's forests are fundamentally important to its citizens in providing

clean air and water, recreation and tourism opportunities, wildlife habitat, and wood products;

(II)  Damaging wildfires occur regularly in Colorado due in part to fire

suppression efforts and drought, the result of which are unhealthy, fire-prone forests; and

(III)  Colorado has experienced a significant increase in damaging wildfires

that have destroyed homes, property, and other essential community infrastructure;

(b)  Determines that:


(I)  It is critical that we invest in measures that reduce the probability of

catastrophic fires spreading uncontrollably into our communities in areas of the wildland-urban interface and reduce the financial costs of wildfire in Colorado;

(II)  Increasing our efforts to thin or otherwise manage to improve the forests

in Colorado would keep our forests healthy and help mitigate risks associated with catastrophic wildfires that endanger lives, property, watersheds, and critical infrastructure;

(III)  Consolidating existing state grant programs will provide the necessary

resources to the Colorado state forest service to allow the agency to continue to address watershed wildfire risks and forest health conditions in Colorado; augment its technical capacity to assess and reduce wildfire risk to people, property, and infrastructure; support implementation of community wildfire protection plans; enhance its technical outreach capabilities; and provide loans and grants for market-based forest treatment solutions to reduce wildfire risk, protect watersheds, and improve forest health;

(IV)  Maintaining proper funding for a combined grant program will ensure

that necessary resources are available to both reduce wildfire risk and improve forest health; and

(V)  Given the challenging conditions of Colorado's forests and the imminent

risks of catastrophic wildfire, it is critical that state funding of the grants program be increased for the 2019-20 state fiscal year and that grant money be expended on an expedited basis to the greatest extent practicable to fulfill the purposes of this section; and

(c)  Declares that it intends to provide aid and guidance for catastrophic

wildfire risk mitigation and forest health improvements by authorizing a competitive grant program to assist with funding community-level actions across the entire state that are implemented to protect populations and property in the wildland-urban interface and to promote forest health and the utilization of woody material, including traditional forest products and biomass energy.

(2)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Accredited Colorado youth corps means a youth corps organization that

is accredited by the Colorado youth corps association.

(b)  Director means the director of the forest service.


(c)  Forest service means the Colorado state forest service identified in

section 23-31-302 and the division of forestry created in section 24-33-104.

(d)  Fuel means living and dead combustible vegetation that can feed a fire,

including grass, leaves, pine boughs, shrubs, and trees.

(e)  Hazardous fuel reduction treatment means a treatment that removes or

reduces vegetative fuel, including mechanical, manual, broadcast burning, and pile burning fire treatments, or reduces structural ignitability in order to:

(I)  Diminish the potential damage arising from a catastrophic wildfire;


(II)  Enhance the ability of emergency personnel to safely influence the

spread of wildfire; or

(III)  Improve landscape-scale forest health conditions.


(f)  Wildland-urban interface or WUI means an area where:


(I)  Human development is close to wildland vegetation; and


(II)  There exists a high potential for a wildland fire.


(3)  Grant projects. The forest service shall issue a statewide request for

proposals for cost-share grants for projects that are designed through a collaborative community process. The projects may be entirely on, or on any combination of, private, state, county, or municipal forest lands. Projects may also be on federal lands, so long as the project maintains continuity across a landscape including federal lands and the area of the federal lands does not exceed the combined area of the nonfederal lands involved in the project. The grant share of an individual project cost must not exceed fifty percent of the total cost of the project. In the case of a project that is located in an area with fewer economic resources, the grant share of an individual project cost must not exceed seventy-five percent of the total cost of the project. The remaining portion of the project's funding may be in the form of cash, stumpage, or in-kind contribution. In meeting the match requirements under this subsection (3), a project may be funded, in whole or in part, from gifts, grants, or donations received from any organization, entity, or individual. In measuring an in-kind contribution for purposes of meeting the fifty percent and twenty-five percent matches required by this subsection (3), in-kind contribution may include volunteer hours provided by the staff of an entity or organization applying for grant funding and the time for which staff receives monetary compensation in the form of salary or other financial benefits. Such compensated time that counts toward the in-kind contribution is limited to the estimated time of paid staff in planning and implementing the mitigation project. The forest service shall establish a policy that specifies the criteria by which a particular project will satisfy the requirement of this subsection (3) that it is located in an area with fewer economic resources, as applicable.

(4)  Eligibility requirements. To be eligible to receive funding under this

section, a project must:

(a)  Reduce the risk to people and property in the wildland-urban interface

and promote forest health;

(b)  Address one or more of the following objectives for the purpose of

protecting water supplies:

(I)  Reducing the threat of large, high-intensity wildfires and the negative

effects of excessive competition between trees by restoring ecosystem functions, structures, and species composition, including the reduction of nonnative species populations;

(II)  Preserving old and large trees to the extent consistent with ecological

values and science;

(III)  Replanting trees in deforested areas if such areas exist in the proposed

project area; and

(IV)  Improving the use of, or adding value to, small diameter trees;


(c)  Comply with all applicable federal and state environmental laws;


(d)  Repealed.


(e)  Incorporate current scientific forest restoration information;


(f)  Include an assessment to:


(I)  Identify both the existing ecological condition of the proposed project

area and the desired future condition; and

(II)  Report, upon project completion, to the forest service on the number of

acres treated, cost per acre to treat, tonnage of material generated, number of jobs created, and use of any forest products generated; and

(g)  Leverage state funding through in-kind, stumpage, or cash matching

contributions.

(4.3)  In addition to satisfying subsection (4) of this section, a grant project

that receives funding under this section may also support ongoing maintenance efforts by eligible recipients to reduce the threat of large, high-intensity wildfires.

(4.4)  Additional funding objectives. As part of the submission of grant

applications under this section, the forest service encourages applicants to include on their grant application information that indicates whether the project is supported by a diverse and balanced group of stakeholders as well as appropriate federal, state, county, and municipal government representatives in the design, implementation, and monitoring of the project.

(4.5)  Eligible recipients. Eligible grant recipients include:


(a)  Local community groups, including homeowners' associations or

neighborhood associations, that are within close proximity to the WUI;

(b)  Local government entities within or adjacent to the WUI;


(c)  Public or private utilities, including water providers, with infrastructure or

land ownership in areas of high risk for catastrophic wildfires;

(d)  State agencies, such as the state land board or the division of parks and

wildlife, that own lands or property in areas of high risk for catastrophic wildfires;

(e)  Nonprofit groups that promote hazardous fuel reduction treatment

projects in partnership with local, state, or private entities;

(f)  A fire protection district, as defined in section 32-1-103 (7); and


(g)  A nonprofit organization or entity engaged in firefighting or fire

management activities.

(5)  Technical advisory panel. The director shall convene a technical advisory

panel to evaluate the proposals for forest restoration and wildfire risk mitigation grants and provide recommendations regarding which proposals would best meet the objectives of this section. The panel shall consider eligibility criteria established in subsections (4) and (4.5) of this section, a project's effect on long-term forest management, and the number of acres treated for state dollars spent and seek to use a consensus-based decision-making process to develop such recommendations. For hazardous fuel reduction projects pursuant to subsection (4)(a) of this section, the panel shall show preference to applicants that have adopted or plan to adopt local measures that reduce wildfire risks to people, property, and infrastructure that complement funds provided through the program. Stronger measures shall receive greater preference, while taking into account geographic differences and needs for mitigation. A panel member shall recuse himself or herself if he or she has an actual or potential conflict of interest with respect to a grant applicant. The panel is composed of members to be appointed by the director. The composition of the panel includes at least:

(a)  An official to represent the department of natural resources;


(b)  One representative from federal land management agencies;


(c)  One independent scientist with experience in forest ecosystem

restoration;

(d)  An official to represent the department of public safety;


(e)  One member who represents a county or municipal government with

jurisdiction over an area of the WUI;

(f)  One member who represents the traditional forest products industry;


(g)  One member who represents the biomass energy products industry;


(h)  One member who represents a nonprofit collaborative group involved

with the mitigation of catastrophic wildfires in Colorado and the maintenance and improvement of ecological health; and

(i)  Two members with expertise in water and watershed management.


(6)  Proposal selection. After consulting with the technical advisory panel

established in subsection (5) of this section, the forest service shall select the proposals that will receive funding through this section. In carrying out approved projects, the project proponents shall, whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. The general assembly encourages the forest service to modify its administrative policies and procedures under this section to enable funding to be provided to grant recipients in March to enable wildfire mitigation to commence before the prime wildfire season starts in June.

(7)  Repealed.


(8)  Administrative costs. The forest service may utilize no more than seven

percent of any amounts appropriated in any fiscal year for its direct and indirect costs in administering the program.

(8.2)  Community watershed restoration and wildfire risk mitigation. (a)  In

order to support communities and land managers in efforts to reduce risk to people and property and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, particularly public water supply and high-quality wildlife habitat, the forest service shall:

(I)  Hire additional field capacity to support the implementation of forest

restoration and wildfire risk mitigation program grants awarded pursuant to this section;

(II)  In awarding grants pursuant to this section, give additional emphasis to

projects that substantially leverage additional financial resources or that have been identified through a community-based collaborative process.

(b) (I)  The forest service may use the unencumbered balance of the forest

restoration and wildfire risk mitigation grant program cash fund created in subsection (8.5) of this section for the purpose of complying with this subsection (8.2).

(II)  This subsection (8.2)(b) is repealed, effective September 1, 2028.


(8.3)  Grant program. (a)  The forest service shall develop and administer the

program in consultation with the technical advisory panel created in subsection (5) of this section. In developing the program, the forest service shall:

(I)  Dedicate up to twenty-five percent of the money available in the forest

restoration and wildfire risk mitigation grant program cash fund, created in subsection (8.5) of this section, to fund capacity-building efforts to provide local governments, community groups, and collaborative forestry groups with the resources and staffing necessary to plan and implement forest restoration and wildfire risk mitigation projects, including community and partner outreach and engagement, identifying priority project areas, prescription planning, and acquiring community equipment for use by landowners;

(II)  Dedicate up to five percent of the money available in the fund to be used

by the forest service to:

(A)  Monitor grant recipients' compliance with the grant program; and


(B)  Measure the grant program's effectiveness;


(III)  Require a grant applicant to demonstrate that:


(A)  The grant applicant has available, or will have available before

implementation of the project, matching funds in the form of a dollar-for-dollar match or the value of in-kind contributions for the project. A project's matching funds may come from federal sources or state sources, but no more than fifty percent of the matching funds may come from state sources; except that, if the grant applicant is a state agency, more than fifty percent of the matching funds may come from other state sources.

(B)  The proposed project includes a plan for utilizing any woody material

generated by the project, including traditional forest products and biomass energy products. The forest service shall offer technical support to grant applicants to assist with the development of the applicant's plan for utilizing forest products. The forest service shall inform applicants of the availability of its technical support.

(IV)  Encourage a grant applicant, where feasible, to utilize the labor of:


(A)  Youth and young adults participating in a Colorado youth corps

organization accredited by the Colorado youth corps association; or

(B)  Veterans participating in an accredited Colorado corps program serving

veterans;

(V)  In consultation with the technical advisory panel created in subsection (5)

of this section, establish the information to be included in the grant application, including a description of the proposed project; and

(VI)  Establish a plan for administering the grant program, including the

development of:

(A)  Periodic reporting requirements;


(B)  Tools for monitoring and tracking grant projects; and


(C)  Measures for assessing the progress of grant projects.


(b)  Annually and in a final report to be presented before the end of the

regular session in 2018, the forest service shall report to the agriculture, livestock, and natural resources committee in the Colorado house of representatives and the agriculture, natural resources, and energy committee in the Colorado senate, or their successor committees, regarding the progress of the grant program, including information concerning the:

(I)  Number of acres treated;


(II)  Cost per acre to treat;


(III)  Tonnage of material generated;


(IV)  Number of jobs created;


(V)  Use of any forest products generated; and


(VI)  The grant program's ability to achieve its stated goals.


(c)  On and after the repeal of part 4 of article 7 of title 36, the forest service

shall administer pursuant to this section all grants made pursuant to that part 4 before its repeal.

(8.5)  Forest restoration and wildfire risk mitigation grant program cash

fund. (a) There is hereby created in the state treasury the forest restoration and wildfire risk mitigation grant program cash fund. The department of higher education shall administer the fund, which consists of:

(I)  All money transferred by the treasurer as specified in subsection (8.7) of

this section;

(II)  All money that was in the wildfire risk reduction fund created in section

36-7-405 prior to the repeal of that fund. As soon as possible after December 31, 2017, the state treasurer shall transfer the unencumbered fund balance of the wildfire risk reduction fund as of month-end close on December 31, 2017, to the forest restoration and wildfire risk mitigation grant program cash fund.

(III)  Any other money appropriated or transferred to the fund by the general

assembly.

(b)  All money in the fund is continuously appropriated to the department of

higher education for allocation to the board of governors of the Colorado state university system for the forest restoration and wildfire risk mitigation grant program specified in this section. All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(8.7)  Repealed.


(8.8)  It is the intent of the general assembly that any additional amount of

money appropriated for the 2019-20 state fiscal year to the fund created in subsection (8.5)(a) of this section be expended on grants that will support the maximum number of effective forest management fuels reduction projects to reduce the impacts to life, property, and critical infrastructure caused by wildfire.

(9)  Repeal.  This section is repealed, effective September 1, 2029.


Source: L. 2007: Entire section added, p. 1324, � 1, effective May 29. L. 2008:

(8.5) added and (9) amended, pp. 1535, 1534, �� 6, 1, effective May 28. L. 2012: (6), (8), (8.5), and (9) amended and (7) repealed, (HB 12-1032), ch. 69, p. 238, � 1, effective March 24. L. 2017: (8.5)(a)(I) amended and (8.7) added, (SB 17-259), ch. 190, p. 689, � 1, effective May 3; (1), (2), (3), IP(4), (4)(a), (4)(f)(II), (5), (6), (8.5), and (9) amended and (1.5), (4.5), (8.2), and (8.3) added, (SB 17-050), ch. 34, p. 99, � 4, effective July 1. L. 2018: (8.7) amended, (HB 18-1338), ch. 201, p. 1308, � 1, effective May 4. L. 2019: (1.5)(b)(V) and (8.8) added and (8.5)(a) amended, (HB 19-1006), ch. 398, p. 3537, � 1, effective May 31; (8.3)(a)(III)(B) amended, (SB 19-241), ch. 390, p. 3467, � 21, effective August 2. L. 2020: (3), (4.5)(d), (6), and (9) amended, (4)(d) repealed, and (4.3), (4.4), (4.5)(f), and (4.5)(g) added, (HB 20-1057), ch. 78, p. 318, � 1, effective September 14. L. 2021: (8.7) amended, (SB 21-054), ch. 18, p. 95, � 1, effective March 21; (3) and IP(5) amended, (SB 21-221), ch. 91, p. 372, � 1, effective May 4; (3), IP(5), (8), (8.2)(a)(I), (8.2)(b)(II), and (8.3)(a)(I) amended, (SB 21-258), ch. 238, p. 1248, � 2, effective June 15; (8.5)(a)(I) amended, (SB 21-281), ch. 255, p. 1501, � 8, effective June 18. L. 2022: (5) amended, (SB 22-212), ch. 421, p. 2976, � 51, effective August 10; (8.7)(c) added, (HB 22-1012), ch. 341, p. 2450, � 2, effective August 10.

Editor's note: (1)  This section was numbered as � 23-30-311 in House Bill 07-1130 but was harmonized with House Bill 07-1254 and relocated.


(2)  Amendments to subsections (3) and IP(5) by SB 21-221 and SB 21-258

were harmonized.

(3)  Subsection (8.7)(c)(II) provided for the repeal of subsection (8.7),

effective July 1, 2023. (See L. 2022, p. 2450.)

Cross references: For the legislative declaration in SB 21-281, see section 1

of chapter 255, Session Laws of Colorado 2021. For the legislative declaration in SB 21-258, see section 1 of chapter 238, Session Laws of Colorado 2021.

C.R.S. § 23-31-312

23-31-312. Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that:

(I)  Community wildfire protection plans, or CWPPs, are authorized and

defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148, referred to in this section as HFRA. Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities themselves in a CWPP. The wildland-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process.

(II)  The development of a CWPP can assist a local community in clarifying

and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, the effect of fire ratings and combustibility standards for building materials used in wildland-urban interface areas, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires.

(III)  The adoption of a CWPP brings many benefits to the state and adopting

local community, including:

(A)  The opportunity to establish a locally appropriate definition and

boundary for the wildland-urban interface area;

(B)  The establishment of relations with other state and local government

officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries;

(C)  Specialized natural resource knowledge and technical expertise relative

to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and

(D)  Statewide leadership in developing and maintaining a list or map of

communities at risk within the state and facilitating work among federal and local partners to establish priorities for action.

(IV)  CWPPs give priority to projects that provide for the protection of at-risk

communities or watersheds or that implement recommendations in the CWPP.

(V)  CWPPs assist local communities in influencing where and how federal

agencies implement fuel reduction projects on federal lands, how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community.

(VI)  The development of CWPPs promotes economic opportunities in rural

communities.

(b)  By enacting this section, the general assembly intends to facilitate and

encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires.

(2)  As used in this section, unless the context otherwise requires:


(a)  CWPP means a community wildfire protection plan as authorized and

defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148.

(b)  Fire hazard area means an area mapped by the Colorado state forest

service, identified in section 23-31-302, as facing a substantial and recurring risk of exposure to severe fire hazards.

(c)  Red zone means a wildland-urban interface area of high wildfire risk in

Colorado, identified by the red zone map originally created in September 2004 by the Colorado state forest service and periodically updated to show areas where a high risk of catastrophic wildfire endangers homes, communities, utilities, and watersheds.

(3)  Not later than November 15, 2009, the state forester, in collaboration

with representatives of the United States forest service, the Colorado department of natural resources, county governments, municipal governments, local fire departments or fire protection districts, electric, gas, and water utility providers in the subject area, and state and local law enforcement agencies, shall establish guidelines and criteria for counties to consider in preparing their own CWPPs to address wildfires in fire hazard areas within the unincorporated portion of the county.

(3.5)  When a community within a red zone adopts or updates a CWPP, the

community is encouraged to include, as an element of the CWPP, a plan for community-based and sustainable utilization of forest biomass for the production of energy, fuels, forest products, and other applications, developed in consultation with the Colorado state forest service. As part of the plan, the state forester or the state forester's designee may offer assistance to the communities in identifying, contracting for, and securing primarily from high-risk areas a reliable source of feedstock in support of forest products industries.

(4)  The adoption of a CWPP by a county government shall be governed by

the requirements of section 30-15-401.7, C.R.S.

(5)  The state forester shall send timely notice of the guidelines and criteria

established pursuant to subsection (3) of this section to the department of local affairs and to statewide organizations representing Colorado counties and municipalities and shall post such information on the website of the Colorado state forest service.

(6)  Nothing in this section affects section 23-31-309 or the wildfire

preparedness plan developed pursuant to section 24-33.5-1227, C.R.S.

Source: L. 2009: Entire section added, (SB 09-001), ch. 30, p. 123, � 1,

effective August 5. L. 2013: (6) amended, (SB 13-270), ch. 250, p. 1317, � 7, effective May 23; (2)(c) and (3.5) added, (SB 13-273), ch. 406, p. 2374, � 3, effective June 5.

Cross references: For the legislative declaration in the 2013 act adding

subsections (2)(c) and (3.5), see section 1 of chapter 406, Session Laws of Colorado 2013.

C.R.S. § 23-31-313

23-31-313. Healthy forests - vibrant communities - funds created - outreach working group - loan program - legislative declaration - definitions - repeal. (1) Short title. This section shall be known and may be cited as the Colorado Healthy Forests and Vibrant Communities Act of 2009.

(2)  Legislative declaration. The general assembly hereby declares that

addressing the wildfire risk in Colorado and the development of community wildfire protection plans to bring together federal, state, and local interests, including nongovernmental entities such as electric, gas, and water utilities, to address wildfire risk to life, property, and infrastructure in Colorado is a matter of statewide concern.

(3)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Community-based collaborative process means a process in which a

diverse range of governmental and nongovernmental stakeholders, representing a wide variety of perspectives, are meaningfully engaged in analyzing and identifying forest management needs for their community.

(b)  Community wildfire protection plan or CWPP means a plan that meets

the definition of a community wildfire protection plan in the federal Healthy Forests Restoration Act of 2003, 16 U.S.C. sec. 6511, including the minimum requirements for collaboration with local and state government representatives, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and consultation with federal agencies and other interested nongovernmental parties, including any electric, gas, and water utilities in the affected area, and the minimum requirements for approval by representatives of local government, local fire authorities, and the forest service.

(b.5)  Director means the director of the forest service.


(c)  Forest service means the Colorado state forest service identified in

section 23-31-302.

(d)  GIS means a geographical information system, a systematic integration

of computer hardware, software, and spatial data, for capturing, storing, displaying, updating, manipulating, and analyzing geographical information in order to solve complex management problems.

(e)  Good neighbor authority means the authority of the state of Colorado

pursuant to section 331 of the federal Department of Interior and Related Agencies Appropriation Act of 2001, Pub.L. 106-291, 114 Stat. 922, or any analogous successor authority.

(f)  Temporary field capacity means full-time, temporary field support hired

by the forest service to implement projects until such time that program funding is no longer available.

(g)  Wildfire risk mitigation or fuel mitigation treatments means

preventive forest management projects or actions, which meet or exceed forest service standards or any other applicable state rules, that are designed to reduce the potential for unwanted impacts caused by wildfires, including:

(I)  The creation of a defensible space around structures;


(II)  The establishment of fuel breaks;


(III)  The thinning of woody vegetation for the primary purpose of reducing

risk to structures from wildland fire;

(IV)  The secondary treatment of woody fuels by lopping and scattering,

piling, chipping, removing from the site, broadcast burning, or prescribed burning; and

(V)  Other nonemergency preventive activities designed to reduce the

unwanted impacts caused by wildfires that the forest service may deem to be risk reduction or fuel mitigation treatments.

(h)  Wildland-urban interface means an area where structures or other

human development meet or intermingle with wildland vegetation.

(4)  Community and firefighter planning and preparedness. To help ensure

that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, the forest service shall:

(a)  Facilitate the CWPP process with communities and other entities seeking

to prepare a CWPP to ensure that state and federal CWPP standards are met;

(b)  Work with conservation districts created pursuant to article 70 of title 35,

C.R.S., county noxious weed program administrators, and other state, local, federal, and nongovernmental partners, including any electric, gas, and water utilities in the affected area, to provide CWPP standards for Colorado that promote greater consistency among CWPPs in the state and ensure that communities address community risks and values, identify protection priorities, assess their ability to respond to wildland fire, establish fuels treatment projects, and identify ways to minimize wildland-urban interface risk in the future;

(c)  Provide technical assistance to communities seeking to prepare, update,

or implement a CWPP and track the progress of CWPPs and implementation practices through GIS web-based applications; and

(d)  Provide technical assistance to the board of county commissioners of

each county to determine whether there are fire hazard areas within the unincorporated areas of the county and to assist the board of county commissioners of each county with developing CWPPs for those areas.

(e)  Repealed.


(5)  Community wildfire risk mitigation. To help communities address the

urgent need to reduce wildfire risks by supporting implementation of risk mitigation treatments that focus on protecting lives, homes, and essential community infrastructure, and by improving inventory and monitoring of forest conditions, the forest service shall:

(a)  Expand its fuels mitigation program through sixty percent cost-share

grants to address needs expressed by landowners or utility easement owners in the wildland-urban interface. In order to qualify for these funds, projects shall be included in or provide for implementation of an approved CWPP that meets the standards established pursuant to paragraph (b) of subsection (4) of this section. In awarding these grants, the forest service shall establish evaluation criteria that emphasize projects that reduce risks to the public, firefighters, and community infrastructure; that improve forest health; and that substantially leverage additional financial resources. In making grant awards, the forest service shall also prioritize projects that provide an opportunity to implement Colorado's good neighbor authority or that have been identified through a community-based collaborative process.

(b)  Hire additional field capacity to support the implementation and

monitoring of fuels mitigation grant awards;

(c)  Provide sufficient resources to conduct enhanced aerial surveys to

annually assess forest conditions, identify emerging and existing insect and disease epidemics, and make timely management decisions; and

(d)  Provide sufficient resources to assess and incorporate forest pathology

information into analysis of forest conditions and trends.

(6)  Community watershed restoration. (a)  In order to support communities

and land managers in efforts to reduce risk to people and property and increase firefighter safety, and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, including public water supply and high-quality wildlife habitat, the forest service shall:

(I)  Repealed.


(II)  Facilitate and work collaboratively with the division of fire prevention and

control, landowners, local governments, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and other appropriate parties, including any electric, gas, and water utilities in the affected area, to design prescribed fire and fuel mitigation treatment projects and to encourage increased responsible use of prescribed fire and fuel mitigation treatments as a tool for restoring healthy forest conditions consistent with programs established pursuant to section 25-7-106 (7) and (8), C.R.S., and section 24-33.5-1217, C.R.S. The forest service shall emphasize providing training and technical assistance for landowners, local communities, and state agencies.

(III)  Repealed.


(IV)  Conduct, or contract with one or more entities to conduct, one or more

demonstration projects that utilize Colorado's good neighbor authority with the United States forest service to implement forest management treatments that improve forest health and resilience and supply forest products to Colorado businesses. In overseeing a project, the forest service shall:

(A)  Use a collaborative approach;


(B)  Leverage state resources to accomplish work across land ownership

boundaries in order to treat more acres at reduced cost;

(C)  Target a Colorado watershed to implement forest management

treatments that will protect and enhance forest resilience, reduce the potential for catastrophic wildfire, salvage insect- and disease-impacted trees, and provide forest products for businesses in Colorado; and

(D)  Consider locations that have already been subject to review under the

federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., including the Alpine plateau in Gunnison county and areas in the Grand Mesa, Uncompahgre, and Gunnison national forests that are subject to the spruce beetle epidemic and aspen decline draft environmental impact statement.

(b)  Repealed.


(7)  Enhanced economic opportunities. In order to support local business

development and job creation through the implementation of forest treatments, the forest service shall:

(a)  Administer a revolving loan fund to support woody biomass utilization and

the development and marketing of traditional and nontraditional timber products as specified in subsection (8) of this section;

(b)  Work with the air quality control commission created in section 25-7-104

to support the appropriately increased use of woody biomass in bio-heating.

(8)  Wildfire risk mitigation loan program. (a)  The forest service shall issue a

statewide request for proposals for loans to businesses to provide start-up capital for new facilities or equipment to harvest, remove, use, and market beetle-killed and other timber taken from private, federal, state, county, or municipal forest lands as part of a wildfire risk reduction or fuels mitigation treatment.

(b)  The forest service shall solicit applications for and make loans under this

section. In deciding whether to make a loan, the forest service shall consider the extent to which the applicant:

(I)  Helps retain or expand other local businesses;


(II)  Helps maintain or increase the number of jobs in the area;


(III)  Contributes to the stability of rural communities;


(IV)  Demonstrates operational experience and a good reputation;


(V)  Promotes and publicizes the efforts undertaken pursuant to this section;

and

(VI)  Helps recruit new business activity in the area.


(c)  No later than July 1, 2010, the state forester shall submit a report to the

governor that shall include an assessment of whether, and to what extent, projects funded by loans under this subsection (8) have achieved the purposes identified in this subsection (8).

(d)  There is hereby created in the state treasury the wildfire risk mitigation

revolving fund, which shall be administered by the forest service. All moneys in the fund are continuously appropriated to the department of higher education for allocation to the board of governors of the Colorado state university system for loans specified in this subsection (8). All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.

(e)  On June 15, 2021, or as soon as possible thereafter, the state treasurer

shall transfer two million five hundred thousand dollars from the general fund to the wildfire risk mitigation revolving fund.

(9)  Improved outreach and technical assistance. In order to ensure that the

forest service has the capacity to deliver key funding and technical assistance that will be needed to guide and support implementation of wildfire preparedness, risk mitigation, watershed restoration, and economic development initiatives in a way that adds value to these efforts at the state level and across community boundaries, the forest service shall:

(a)  Secure full-time staff for developing, revising, and implementing CWPPs

and collaborative landscape level prioritization plans; developing and implementing risk mitigation and watershed restoration plans; strengthening the responsible use of prescribed fire; and supporting economically beneficial uses of woody biomass;

(b)  Secure sufficient GIS capacity to assist with wildfire, insect, and disease

risk assessments, as well as landscape-scale prioritization and planning; and emphasize making data available to and usable by local entities and other interested parties, including any electric, gas, and water utilities in the affected area; and

(c)  Develop a web-based clearinghouse for technical assistance and funding

resources relevant to the initiatives established in this section.

(d)  Repealed.


(9.2)  Outreach to high school students. The forest service, in consultation

with the department of natural resources, the division of fire prevention and control in the department of public safety, the state board for community colleges and occupational education, and timber industry representatives, shall develop educational materials relating to career opportunities in forestry and wildfire risk mitigation to distribute to high school guidance counselors to provide to high school students.

(9.5)  Wildfire risk mitigation public outreach and educational campaign -

legislative declaration. (a) (I) The general assembly hereby finds and declares that:

(A)  Wildfires increasingly pose a threat to homes and communities in

Colorado as more people move into the wildland areas of our state, and long-term weather and climate trends, including drought and warmer temperatures, as well as the buildup of wildland fuels, further increase wildfire risk;

(B)  In 2020, Colorado experienced the three largest wildfires in its history,

with the fires burning over six hundred thousand acres, causing significant displacement, devastating communities, degrading water and air quality, and ultimately resulting in the loss of human life and hundreds of millions of dollars in property loss and damage;

(C)  Local, state, and federal agencies and entities continue to address the

short- and long-term social, economic, and environmental impacts of these fires;

(D)  With more than half of all Coloradans living in the wildland-urban

interface, there is an urgent need for wildfire prevention and preparedness at both the community and individual homeowner and property owner levels;

(E)  Coordinated education concerning how, where, and why wildfires burn, as

well as collaborative efforts to increase survivability of homes and property, is paramount to coexisting in a wildfire environment; and

(F)  While homeowners and property owners in Colorado bear the ultimate

responsibility to prepare their homes and property for wildfire, many still do not understand this responsibility, the risk they face living in the wildland-urban interface, or the necessary steps to reduce their wildfire risk.

(II)  Therefore, the general assembly declares that it is vital to the health and

safety of Colorado's citizens, communities, and forests for local, state, and federal agencies in Colorado, in partnership with organizations engaged in wildfire risk mitigation in the state, to enhance outreach efforts to residents in the wildland-urban interface to educate and motivate those residents to engage in effective wildfire risk mitigation and wildfire preparedness activities.

(b) (I)  The forest service shall convene a working group of local, state, and

federal partners engaged in wildfire risk mitigation, referred to in this subsection (9.5) as the working group, to enhance outreach efforts to residents in the wildland-urban interface concerning effective wildfire risk mitigation and to coordinate the financial and other resources that may be available for such work. State and federal partners include the division of fire prevention and control in the department of public safety and the United States forest service. The forest service may invite other partners to join the working group and seek input from entities engaged in wildfire risk mitigation in the wildland-urban interface.

(II)  The working group shall:


(A)  Prior to the annual wildfire awareness month outreach campaigns in

2023 and 2024, consider how best to conduct an enhanced outreach campaign for the public that educates and motivates residents in the wildland-urban interface to engage in more wildfire risk mitigation;

(B)  Consider how best to distribute educational resources and information to

residents in the wildland-urban interface, including the forest service's publication The Home Ignition Zone or a successor publication, and whether other educational and marketing tools could be developed to educate residents and motivate increased wildfire risk mitigation;

(C)  Consider which local, statewide, or regional outreach efforts, including

direct mail, web-based material, telephone outreach, social media, print media, television and radio spots, billboards, and community events, are most effective in increasing awareness among the targeted residents in the wildland-urban interface of the importance of wildfire risk mitigation and how to prepare for wildfires;

(D)  Consider how best to coordinate efforts by working group partners and

other entities engaged in wildfire risk mitigation to disseminate web-based educational resources and information concerning effective wildfire risk mitigation and wildfire preparedness activities through links to the forest service's web-based clearinghouse for technical assistance and to web-based resources of other working group partners and entities engaged in wildfire risk mitigation;

(E)  Consider how best to leverage existing state, local, and federal resources

and expertise to implement the enhanced outreach efforts considered by the working group; and

(F)  Consider what funding or additional resources would be necessary for the

forest service and other partners to build upon the enhanced wildfire awareness month outreach campaign, as well as other potential outreach efforts, in subsequent years.

(c)  After considering feedback from the working group, and subject to

available appropriations, the forest service:

(I)  Shall implement an enhanced wildfire awareness month outreach

campaign in conjunction with the division of fire prevention and control in the department of public safety and the United States forest service in 2023 through 2027; and

(II)  Shall implement other outreach efforts during the 2022-23 through

2026-27 state fiscal years that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface.

(d) (I)  To implement this subsection (9.5), the forest service, subject to

available appropriations, may:

(A)  Develop or contract for the development or placement of marketing and

educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards;

(B)  Conduct or contract for educational events targeted to residents in the

wildland-urban interface;

(C)  Retain consultants, as necessary, to implement all or part of an outreach

campaign, as well as other outreach efforts;

(D)  Make enhancements to the forest service's web-based clearinghouse for

technical assistance and funding resources created pursuant to subsection (9) of this section, as necessary, to better implement outreach efforts described in this subsection (9.5) and coordinate with working group partners and other entities engaged in wildfire risk mitigation to provide links to web-based educational resources and information; and

(E)  Secure necessary staff to implement the outreach efforts described in

this subsection (9.5).

(II)  Consistent with the outreach plan, the general assembly may appropriate

money to the division of fire prevention and control in the department of public safety.

(e) (I)  During the 2023 through the 2027 legislative interims, the state

forester shall submit a report to the wildfire matters review committee created in section 2-3-1602 concerning outreach efforts implemented pursuant to this subsection (9.5) or, if the wildfire matters review committee is repealed, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.

(II)  The report must include:


(A)  A description of the outreach efforts;


(B)  The amount and use of money appropriated to implement this subsection

(9.5);

(C)  Data and information received by the forest service or its partners

relating to the impact of the outreach efforts in increasing awareness of wildfire risk mitigation by residents in the wildland-urban interface; and

(D)  Proposed future outreach efforts, including any additional funding or

other resources needed to implement those outreach efforts.

(f) (I)  For purposes of conducting ongoing wildfire awareness month

outreach campaigns and other outreach efforts pursuant to subsection (9.5)(c) of this section, the general assembly shall appropriate forty thousand dollars to the healthy forests and vibrant communities fund created in subsection (10) of this section.

(II)  This subsection (9.5)(f) is repealed, effective July 1, 2028.


(9.6)  Carbon accounting framework. (a)  On and after September 1, 2022,

the state forest service shall develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for:

(I)  Ecosystems by county and forest cover type; and


(II)  Wood products.


(b)  The state forest service shall also develop a forest carbon co-benefit

framework for project-level forest management practices, including wildfire mitigation. The state forest service shall use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service shall provide technical expertise to assist industry and landowners with carbon inventories and monitoring.

(c)  As used in this subsection (9.6), unless the context otherwise requires:


(I)  Carbon accounting framework means a model that uses data from the

forest inventory and analysis program of the United States department of agriculture's forest service to develop tabular data of carbon flux and stock estimates for all forest types and wood products in the state of Colorado.

(II)  Forest carbon co-benefit framework means a framework that links

goals, strategies, and approaches in the 2020 Colorado forest action plan to forest management and wildfire risk mitigation practices that serve to improve carbon sequestration.

(9.7)  Wildfire mitigation resources and best practices grant program. (a)

There is hereby created in the forest service the wildfire mitigation resources and best practices grant program, referred to in this section as the grant program. Grant recipients may use the money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation.

(b)  The forest service shall administer the grant program and, subject to

available appropriations, shall award grants as provided in this section. The forest service shall develop and publish policies and procedures to implement the grant program in accordance with this section. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant program application, and the grant program evaluation and reporting requirements for grant recipients.

(c)  To be eligible to receive a grant, an entity must be an agency of local

government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization that is registered and in good standing with the secretary of state's office. Applicants must meet any other criteria specified in the forest service's policies and procedures.

(d)  The forest service shall review the applications received pursuant to this

section. The forest service shall only award grants to applicants proposing to conduct outreach among landowners in high wildfire hazard areas and shall consider the potential impact of the applicants' proposed outreach when awarding grants.

(e)  Subject to available appropriations, not later than January 1, 2024, and on

or before January 1 each year thereafter for the duration of the grant program, the director shall award grants as provided in this section. Grants are awarded at the sole discretion of the director in accordance with this section.

(f)  On or before September 1, 2025, and on or before September 1 each year

thereafter for the duration of the grant program, the forest service shall submit a report to the wildfire matters review committee, or any successor committee, on the grant program. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement continues until the grant program is repealed pursuant to subsection (9.7)(h) of this section.

(g)  Commencing no later than the fiscal year that begins on July 1, 2023, the

general assembly shall annually appropriate money from the general fund to the healthy forests and vibrant communities fund, created in subsection (10)(a)(I) of this section, to implement the grant program. The forest service may use a portion of the money annually appropriated for the grant program to pay the direct and indirect costs that the forest service incurs to administer the grant program.

(h)  This subsection (9.7) is repealed, effective January 1, 2029.


(10)  Healthy forests and vibrant communities fund. (a) (I)  There is hereby

created in the state treasury the healthy forests and vibrant communities fund. The fund consists of all money that may be appropriated or transferred thereto by the general assembly and all private and public money received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of money in the fund is credited to the fund. The money in the fund is hereby continuously appropriated for the purposes specified in this section and remains available until expended. Any money not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(II)  On July 1, 2017, and July 1, 2018, the state treasurer shall transfer one

million one hundred eighty-six thousand three hundred sixty-three dollars from the general fund to the healthy forests and vibrant communities fund.

(III)  On June 15, 2021, or as soon as possible thereafter, the state treasurer

shall transfer five million dollars from the general fund to the healthy forests and vibrant communities fund.

(IV)  Repealed.


(V)  On June 30, 2025, the state treasurer shall transfer from the healthy

forests and vibrant communities fund to the general fund thirty-two thousand nine hundred eighty-eight dollars that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(b)  By executive order or proclamation, the governor may access and

designate moneys in the healthy forests and vibrant communities fund for healthy forests and vibrant communities activities, subject to paragraph (c) of this subsection (10). The state forest service shall implement the directives set forth in such executive order or proclamation.

(c)  Of the money transferred to the fund pursuant to section 39-29-109.3

(2)(n) prior to its repeal:

(I)  Three hundred eighty thousand dollars may be expended for purposes

specified in subsection (4) of this section;

(II)  Two hundred thousand dollars may be expended for purposes specified in

subsection (5) of this section;

(III)  One hundred thousand dollars may be expended for purposes specified

in subsection (6) of this section;

(IV)  Sixty-five thousand dollars may be expended for purposes specified in

subsection (7) of this section;

(V)  Two hundred thousand dollars may be expended for purposes specified

in subsection (8) of this section;

(VI)  Three hundred sixty thousand dollars may be expended for purposes

specified in subsection (9) of this section; and

(VII)  The unencumbered balance may be used for any purpose specified in

this subsection (10)(c).

(d)  Repealed.


(11)  Repealed.


(12)  Notwithstanding any other provision of this section, the forest service's

duties pursuant to this section shall be reduced pro rata with any reduction in the funding specified in this section.

(13)  In carrying out projects pursuant to this section, the forest service shall,

whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. For purposes of this subsection (13), accredited Colorado youth corps means a youth corps organization that is accredited by the Colorado youth corps association.

Source: L. 2009: Entire section added, (HB 09-1199), ch. 411, p. 2271, � 1,

effective June 3; (10)(c)(II), (10)(c)(IV), (10)(c)(V), and (10)(c)(VI) amended, (SB 09-293), ch. 370, p. 2009, � 2, effective June 1. L. 2010: (6)(a)(III) added, (SB 10-102), ch. 101, p. 343, � 1, effective April 15. L. 2012: (6)(a)(I)(A) and (6)(b) amended, (HB 12-1032), ch. 69, p. 239, � 2, effective March 24; (4)(e) and (6)(a)(III) repealed, (HB 12-1283), ch. 240, p. 1137, �� 56, 55, effective July 1; (7)(b) amended, (HB 12-1315), ch. 224, p. 961, � 12, effective July 1. L. 2013: (6)(a)(II) amended, (SB13-083), ch. 249, p. 1308, � 10, effective May 23; (6)(a)(II) amended, (HB 13-1300), ch. 316, p. 1680, � 44, effective August 7. L. 2014: (10)(c)(I) amended and (10)(d) added, (SB 14-154), ch. 313, p. 1355, � 1, effective May 31. L. 2016: (3)(g)(IV) and (6)(a)(II) amended, (HB 16-1019), ch. 39, p. 97, � 1, effective March 22; (6)(a)(IV) added and (6)(b)(I) and (9) amended, (HB 16-1255), ch. 113, p. 318, � 1, effective April 21. L. 2017: (10)(a) amended, (SB 17-259), ch. 190, p. 689, � 2, effective May 3; IP(6)(a), (6)(b), IP(10)(c), and (10)(c)(VII) amended and (6)(a)(I) repealed, (SB 17-050), ch. 34, p. 97, � 2, effective July 1. L. 2018: (10)(a)(II) amended, (HB 18-1338), ch. 201, p. 1308, � 2, effective May 4; (7)(b) amended, (SB 18-003), ch. 359, p. 2132, � 3, effective June 1. L. 2021: (5)(b) and (9)(a) amended and (8)(e) and (10)(a)(III) added, (SB 21-258), ch. 238, p. 1249, � 3, effective June 15; (10)(a)(I) and IP(10)(c) amended, (SB 21-281), ch. 255, p. 1501, � 9, effective June 18. L. 2022: (3)(b.5) and (9.7) added and (10)(a)(I) amended, (HB 22-1007), ch. 343, p. 2456, � 1, effective June 3; (3)(h) and (9.5) added, (SB 22-007), ch. 342, p. 2452, � 1, effective June 3; (9.6) and (10)(a)(IV) added and (10)(a)(I) amended, (HB 22-1012), ch. 341, p. 2449, � 1, effective August 10. L. 2023: (9.2) added, (SB 23-005), ch. 172, p. 843, � 1, effective May 12; (9.7)(f) amended, (HB 23-1301), ch. 303, p. 1824, � 30, effective August 7. L. 2024: (9.5)(c) and (9.5)(e)(I) amended and (9.5)(f) added, (HB 24-1024), ch. 210, p. 1287, � 1, effective May 20; (11) repealed, (HB 24-1450), ch. 490, p. 3416, � 45, effective August 7. L. 2025: (10)(a)(V) added, (SB 25-312), ch. 301, p. 1536, � 7, effective May 30.

Editor's note: (1)  Subsection (6)(a)(III) was relocated to � 24-33.5-1217 in

2012.

(2)  Amendments to subsection (6)(a)(II) by Senate Bill 13-083 and House Bill

13-1300 were harmonized.

(3)  Subsection (10)(d)(II) provided for the repeal of subsection (10)(d),

effective July 1, 2015. (See L. 2014, p. 1355.)

(4)  Subsection (9)(d)(III) provided for the repeal of subsection (9)(d), effective

September 1, 2018. (See L. 2016, p. 318.)

(5)  Subsection (6)(b)(II) provided for the repeal of subsection (6)(b), effective

September 1, 2023. (See L. 2017, p. 97)

(6)  Subsection (10)(a)(IV)(B) provided for the repeal of subsection (10)(a)(IV),

effective July 1, 2023. (See L. 2022, p. 2449.)

Cross references: (1)  For the legislative declaration in the 2012 act repealing

subsections (4)(e) and (6)(a)(III), see section 1 of chapter 240, Session Laws of Colorado 2012. In 2013, subsection (6)(a)(II) was amended by the Colorado Prescribed Burning Act.

(2)  For the short title and legislative declaration, see sections 1 and 2 of

chapter 249, Session Laws of Colorado 2013.

(3)  For the legislative declaration in SB 21-258, see section 1 of chapter 238,

Session Laws of Colorado 2021. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.

C.R.S. § 23-31-316

23-31-316. Colorado forest health council - legislative declaration - repeal. (1) Legislative declaration. The general assembly hereby:

(a)  Finds that:


(I)  The forest health advisory council was created pursuant to House Bill 16-1255 within the Colorado state forest service to provide a collaborative forum to

advise the state forester on a range of issues, opportunities, and threats with regard to Colorado's forests;

(II)  Since then, the council has met regularly to develop forest health

priorities and recommendations, provide early and ongoing input on the development of the forest action plan, and convene discussions on issues such as landscape-scale planning, prescribed fires, watershed health, federal funding, and other topics; and

(III)  During the 2020 fire season, Colorado experienced its three largest

wildfires in recorded history, with wildfires statewide burning over six hundred twenty-five thousand acres and costing at least two hundred eighty-five million dollars to suppress; and

(b)  Determines that:


(I)  The challenges facing Colorado's forests, from invasive species to wildfire

activity, have become increasingly serious and complex;

(II)  The trend towards larger, more destructive, more frequent wildfires is

expected to continue in the years to come as a result of historical fire suppression practices and ongoing climate-change-induced shifts in weather conditions and forest health; and

(III)  Investments in forest health and wildfire mitigation help avoid more

expensive fire suppression and recovery costs and provide multiple benefits to individuals as well as society, including protection of lives and property, watersheds, wildlife habitat, livelihoods, and air quality; carbon sequestration; and opportunities for recreation and solace; and

(c)  Declares that:


(I)  As the issues related to forest health and wildfire mitigation have evolved,

so has the manner in which the state seeks to address them, and creating a Colorado forest health council within the department of natural resources to report to the governor and the general assembly is the most effective and integrated structure through which to do so; and

(II)  Establishing the Colorado forest health council serves the interest of the

state and local communities in developing effective strategies for forest health and wildfire mitigation.

(2)  Council created. There is hereby created within the division of forestry in

the department of natural resources the Colorado forest health council, referred to in this section as the council, to provide a collaborative forum to advise the governor and general assembly on a broad range of issues, opportunities, and threats with regard to Colorado's forests.

(3)  Membership. (a)  The council consists of the following twenty-six

members:

(I)  The following ex officio members or there designees:


(A)  The executive director of the department of natural resources, who is the

chair of the council;

(B)  The state forester appointed pursuant to section 23-31-207;


(C)  The director of the division of fire prevention and control appointed

pursuant to section 24-33.5-1201;

(D)  The regional forester or deputy regional forester for the United States

forest service region 2;

(E)  The forestry program lead for the federal bureau of land management in

Colorado;

(F)  The state conservationist for the natural resources conservation service

in the United States department of agriculture;

(II)  The following members appointed by the governor:


(A)  An employee of the Colorado office of economic development created in

section 24-48.5-101 with a leadership role and expertise in outdoor recreation;

(B)  One member who is an enrolled member of a tribe that has a reservation

within Colorado;

(C)  Four county commissioners, two of whom must represent a county west

of the continental divide and two of whom must represent a county east of the continental divide;

(D)  One member who is employed or associated with a forest collaborative

organization;

(E)  One member who is a forest scientist or is employed in a forest research

position and has climate science expertise;

(F)  One member who is employed by a research institution and who has

forest policy expertise;

(G)  Two members employed by a water supplier, including a municipal

drinking water supplier and an irrigation water supplier, one of whom must reside in a county west of the continental divide and one of whom must reside in a county east of the continental divide;

(H)  One member who is employed by or associated with the timber industry;


(I)  One member who is employed by or associated with a conservation

organization;

(J)  One member who is employed by or associated with the insurance

industry;

(K)  One member who is employed by a public utility that owns or operates

transmission facilities;

(L)  One member who owns a ranch and owns grazing rights on public lands;


(M)  One member who is employed by or associated with a wildlife

organization; and

(N)  One member who is employed by or associated with an organization that

advocates for motorized recreation; and

(III)  Two members of the general assembly, including a majority and minority

representative from the wildfire matters review committee, one appointed by the president of the senate and one appointed by the speaker of the house of representatives;

(b)  The term of each council member is five years; except that the terms of

council members appointed pursuant to subsection (3)(a)(II) of this section is three years.

(4)  Powers and duties. (a)  The mission of the council is to improve forest

health in Colorado through an integrated, science-based, statewide approach focused on collaboration among federal, state, and local governments, and private and nonprofit partners, to mitigate wildfire, restore ecological health, safeguard communities and water supplies, mitigate and adapt to climate change, support local economies, and protect recreational settings, as appropriate, across all jurisdictional boundaries.

(b)  In furtherance of its mission, the council shall engage in at least the

following activities:

(I)  Making recommendations for forest health and wildfire mitigation

capacity building and funding;

(II)  Development of, and recommendations for, attaining a thirty-year vision

for forest health in Colorado, including developing goals and both annual and multi-year recommendations for actions to improve forest health and reduce fire risk through increased funding and capacity building;

(III)  Landscape-scale planning to identify state-level priorities for forest

restoration, wildfire risk reduction, and related management; key barriers inhibiting the achievement of those priorities; and solutions to overcome those barriers;

(IV)  Monitoring trends related to forest ecosystem health, including those

related to climate adaptation, and advising on opportunities for state-level action;

(V)  Monitoring and identifying opportunities to support and promote synergy

across forest-based collaboratives in the state, including coordinating state funding sources and sharing best practices;

(VI)  Identification of strategies for building sustained capacity to conduct

forest restoration and wildfire mitigation work at scale through collaboration across multiple agencies, organizations, and jurisdictions; public-private partnerships; innovative public and private funding vehicles; shared stewardship; and other solutions, with emphasis on leveraging and maximizing the impact and reach of state funding;

(VII)  Identification of workforce development challenges and opportunities,

as well as potential regional and statewide economic benefits, associated with a significant increase in wildfire mitigation and forest restoration activities;

(VIII)  Development and support of solutions to manage and utilize woody

material produced by mitigation work, including consideration of climate change and ecological impacts;

(IX)  Development of legislative and regulatory recommendations for policies

that could support wildfire mitigation and forest restoration goals; and

(X)  Providing technical expertise and recommendations to inform the

general assembly, the executive branch, and federal and local agencies on forest health and wildfire mitigation issues.

(5)  Staff support. The division shall provide office space, equipment, and

staff services as may be necessary to implement this section.

(6)  Reports. At a minimum, the council shall annually brief the wildfire

matters review committee created in section 2-3-1602 and submit an annual report to the governor.

(7)  Repeal. This section is repealed, effective September 1, 2026. Before the

repeal, this section is scheduled for review in accordance with section 2-3-1203.

Source: L. 2016: Entire section added, (HB 16-1255), ch. 113, p. 320, � 2,

effective April 21. L. 2021: (3) amended, (SB 21-136), ch. 198, p. 1055, � 1, effective September 1; Entire section R&RE (SB 21-237), ch. 288, p. 1704, � 2, effective September 2.

Editor's note: Subsection (3) was amended in SB 21-136. Those amendments

were superseded by the repeal and reenactment of this section in SB 21-237, effective September 2, 2021. For the amendments to subsection (3) in SB 21-136 in effect from September 1, 2021, to September 2, 2021, see chapter 198, Session Laws of Colorado 2021. (L. 2021, p. 1055)

C.R.S. § 23-31-317

23-31-317. Biomass utilization study - legislative declaration - report - definitions - repeal. (1) The general assembly:

(a)  Finds and determines that:


(I)  Three of the largest wildfires in Colorado's history occurred in 2020, with

more than six hundred twenty-five thousand acres burned across the state;

(II)  It is estimated that two hundred fourteen million dollars was spent in

Colorado in 2020 to fight forest fires;

(III)  With almost three million people in Colorado residing in the wildland-urban interface, these wildfires threaten human life as well as private property,

public infrastructure, and the environment;

(IV)  The forest service has implemented a number of strategies to help

mitigate the risk of wildfire, including engaging in educational outreach, providing technical assistance to communities in the WUI with the development of community wildfire protection plans, and treating forested lands to reduce the amount of fuel;

(V)  One promising strategy for wildfire mitigation is to increase the

utilization of biomass to reduce fuel; and

(VI)  Increased biomass utilization would provide other environmental

benefits such as:

(A)  Using biomass for electric and heat generation as a means to further

diversify Colorado's renewable energy portfolio and, in furtherance of the governor's Greenhouse Gas Pollution Reduction Roadmap released on January 14, 2021, provide a carbon-neutral alternative energy source to fossil fuels; and

(B)  Applying biochar to soil as a means to improve soil health and provide

carbon sequestration; and

(b)  Declares that it is in the interest of the state for the forest service to

administer a grant program to demonstrate biomass utilization as a means to innovate wildfire mitigation, renewable energy development, soil health, climate change mitigation, and carbon sequestration.

(2)  As used in this section, unless the context otherwise requires:


(a)  Biochar means a charcoal that is produced by pyrolysis of biomass and

is used as a soil amendment.

(b)  Biomass has the meaning set forth in section 40-2-124 (1)(a)(I).


(c)  Forest service has the meaning set forth in section 23-31-310 (2)(c).


(d)  Fuel has the meaning set forth in section 23-31-310 (2)(d).


(e)  Pyrolysis has the meaning set forth in section 40-2-124 (1)(a)(V).


(f)  Wildland-urban interface or WUI has the meaning set forth in section

23-31-310 (2)(f).

(3) (a)  The biomass utilization grant program is created to demonstrate the

utilization of biomass throughout the state. The forest service, at the discretion of the state forester, may implement the grant program by awarding up to two million five hundred thousand dollars in grants for proposed projects that seek to demonstrate the following regarding biomass utilization:

(I)  Wildfire prevention and mitigation benefits derived from its utilization;


(II)  Energy benefits derived from increasing biomass energy generation; or


(III)  Agricultural benefits from increasing its usage as biochar.


(b)  The forest service, at the discretion of the state forester, may administer

the grant program using money in the healthy forests and vibrant communities fund created in section 23-31-313 (10) and any gifts, grants, or donations received. The forest service may seek and expend gifts, grants, and donations to finance the biomass utilization grant program.

(4)  On or before March 1, 2023, and on or before each March 1 after a year in

which the forest service awards one or more grants under the biomass utilization grant program, the forest service shall submit a report describing each project for which it has awarded a grant in the previous year, including a description of the type of biomass utilization that the project demonstrates, the geographic area served by the project, and the amount awarded for the project, to the governor and the agriculture, livestock, and water committee of the house of representatives and the agriculture and natural resources committee of the senate, or any successor committees. The forest service shall post the report on its website.

(5)  This section is repealed, effective September 1, 2026. Before the repeal,

this section is scheduled for review in accordance with section 24-34-104.

Source: L. 2021: Entire section added, (HB 21-1180), ch. 469, p. 3374, � 1,

effective September 7.

C.R.S. § 23-70-104

23-70-104. Duties of the Auraria board. (1) The Auraria board has the duty:

(a)  To acquire, plan, construct, own, lease, operate, maintain, manage, or

dispose of all of the physical plant, facilities, buildings, and grounds in the center (except that land owned at the Auraria center by the regents of the university of Colorado shall continue under such ownership but shall be maintained and managed in a similar manner to the other facilities in the Auraria center) and such additional land and facilities as the Colorado commission on higher education may from time to time designate and approve and to accept and hold for the use of the center and its constituent institutions such property as was designated or used prior to May 13, 1974, for purposes of the center or its constituent institutions;

(b)  To allocate among and assign to the constituent institutions, in

accordance with needs, suitable space within the center for the use of such institutions and for such joint or cooperative educational, vocational, and other activities and programs as may be provided by the constituent institutions;

(c)  To facilitate effective coordination and economies of operation of

physical facilities by designating joint facilities of the constituent institutions, to include, but not be limited to, auxiliary facilities, as defined in section 23-5-101.5 (2)(a);

(d)  To determine and designate the nonacademic and nonvocational joint

programs or joint activities of the constituent institutions, to include, but not be limited to, security and fire protection, maintenance, and purchasing;

(e)  To continually develop, review, and update annually a long-range plan for

operation of the center. There shall be a five-year forecast of the operational costs and capital construction costs, which shall be submitted to the general assembly no later than January 1 of each year, commencing January 1, 1975.

(f)  To decide interinstitutional disputes presented to the Auraria board by

any one or more of the constituent institutions pursuant to section 23-70-106.5; and

(g)  To investigate supplementary or alternative methods for delivery of

selected higher educational services through the use of existing campuses and facilities in Denver and the metropolitan area.

Source: L. 74: Entire article added, p. 391, � 1, effective May 13. L. 85: (1)(f)

amended, p. 770, � 29, effective July 1. L. 88: (1)(a) amended, p. 868, � 1, effective April 7. L. 93: (1)(c) amended, p. 1824, � 4, effective June 6.

C.R.S. § 24-32-3304

24-32-3304. State housing board - powers and duties - rules. (1) The board has the following powers and duties pursuant to this part 33:

(a)  To promulgate uniform construction and maintenance standards for

hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist;

(b)  To promulgate uniform construction standards for factory-built

residential and nonresidential structures;

(c)  To develop and submit to the general assembly and local governments

recommendations for uniform housing standards and building codes;

(d)  To promulgate rules establishing standards for the installation and setup

of manufactured housing units;

(e)  To promulgate rules establishing specific standards for the use of private

inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions.

(f)  To promulgate rules establishing standards for tiny homes that cover the

manufacture of, assembly of, and installation of tiny homes;

(g)  To promulgate uniform foundation construction standards for

manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and

(h)  On or before July 1, 2026, to adopt rules:


(I) (A)  Establishing regional building code standards accounting for local

climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;

(B)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(II)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division;

(III)  Establishing requirements based on the recommendations developed by

the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities;

(A)  A building contractor, as defined in section 30-11-125 (1)(a), is not

required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and

(B)  A building contractor, as defined in section 30-11-125 (1)(a), licensed by a

local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government;

(IV)  Covering electrical or plumbing codes required to undertake or complete

the construction or installation of a factory-built structure;

(V)  Allowing the division to contract for third-party review and approval of a

final design and construction plan for a factory-built structure on behalf of the division;

(VI)  Allowing the division to create a process for vetting and approving the

ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and

(VII)  Requiring the division to cause an audit to be performed on a third party

that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.

Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:

IP(1), (1)(c), and (1)(e) amended, (HB 21-1019), ch. 122, p. 468, � 4, effective September 7. L. 2022: (1)(d) amended and (1)(f) and (1)(g) added, (HB 22-1242), ch. 172, p. 1120, � 4, effective August 10. L. 2025: (1)(f) and (1)(g) amended and (1)(h) added, (SB 25-002), ch. 172, p. 714, � 6, effective May 8.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3305

24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:

(a)  The safety of factory-built structures;


(b)  The safety of consumers purchasing manufactured homes or tiny homes;


(c)  The safety of installations;


(d)  The safety of hotels, motels, and multifamily structures in areas of the

state where no construction standards for hotels, motels, and multifamily structures exist.

(e)  The implementation of sections 24-32-3328 and 24-32-3329; and


(f)  The safety of foundation systems for manufactured homes, tiny homes,

and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.

(2)  Rules promulgated by the board must include provisions imposing

requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.

(3) (a)  Except when adopting an energy code pursuant to subsection (3.5) of

this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:

(I)  One from architecture;


(II)  One from structural engineering;


(III)  Four from building code enforcement, representing a local building

department from each of the following climate zones across the state:

(A)  One from climate zone 4;


(B)  One from climate zone 5;


(C)  One from climate zone 6; and


(D)  One from climate zone 7;


(IV)  Repealed.


(V)  One licensed electrician who may be employed by the department of

regulatory agencies;

(VI)  One licensed plumber who may be employed by the department of

regulatory agencies;

(VII)  Repealed.


(VIII)  Three from factory-built structure construction representing the

following occupancy classifications:

(A)  One from the international residential code for one- and two-family

dwellings;

(B)  One from the international building code for residential structures; and


(C)  One from the international building code for factory and industrial

structures;

(IX)  One from the tiny home industry;


(X)  One from energy conservation;


(XI)  One from organized labor.


(XII)  One developer specializing in the use of factory-built structures in

projects;

(XIII)  One from climate resiliency;


(XIV)  One registered installer;


(XV)  One registered seller; and


(XVI)  One individual representing emergency services or management.


(b)  Committee members are reimbursed for actual and necessary expenses

incurred while engaged in official duties.

(c) (I)  The advisory committee shall develop regional building codes

standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.

(II)  The regional building codes standards shall include, at a minimum, wind

shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.

(d) (I)  The advisory committee shall develop implementation requirements,

including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and

(II)  The advisory committee shall develop implementation requirements,

including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.

(e)  During the 2026 legislative session, the department of local affairs shall

present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.

(3.3)  Repealed.


(3.5) (a) (I)  On or before January 1, 2025, the division shall adopt and enforce

an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(II)  On or before January 1, 2030, the division shall adopt and enforce an

energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.

(b)  Nothing in this subsection (3.5) establishes standards applicable to

manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.

(c)  Notwithstanding any other provision of this subsection (3.5), the division

may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(d)  Nothing in this subsection (3.5) restricts the ability of an investor-owned

utility with approval from the public utilities commission to:

(I)  Provide incentives or other energy efficiency program services to help the

division or builders comply with the requirements of this subsection (3.5); or

(II)  Earn shareholder incentives and claim credits toward its regulatory

requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5).

(e)  A utility not subject to regulation by the public utilities commission may

provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5).

(f) (I)  A utility may count mass-based emissions reductions associated with

the requirements of this subsection (3.5) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(II)  A utility subject to regulation by the public utilities commission shall not

count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

(4)  The division must enforce the provisions of this part 33 and the rules

adopted pursuant thereto.

(5)  The division may act as agent for the federal government for the

enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.

(6)  Any future statewide adopted codes contemplated in statute must be

vetted through the advisory committee for consideration for adoption by the board.

Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021:

IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, � 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, � 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, � 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, � 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, � 7, effective May 8.

Editor's note: (1)  Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.


(2)  Subsection (6) was numbered as (4) in SB 25-002 but has been

renumbered on revision for ease of location.

Cross references: For the legislative declaration in SB 25-002, see section 1

of chapter 172, Session Laws of Colorado 2025.

C.R.S. § 24-32-3701

24-32-3701. Definitions. As used in this part 37, unless the context otherwise requires:

(1)  Accessible housing or accessible unit means housing that satisfies the

requirements of the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as amended, and incorporates universal design.

(2)  Department means the department of local affairs.


(3)  Director means the executive director of the department of local

affairs.

(4)  Displacement means:


(a)  The involuntary relocation of residents, particularly low-income residents,

or locally owned community serving businesses and institutions due to:

(I)  Increased real estate prices or rents, property rehabilitation,

redevelopment, demolition, or other economic factors;

(II)  Physical conditions resulting from neglect and underinvestment that

render a residence uninhabitable; or

(III)  Physical displacement wherein existing housing units and commercial

spaces are lost due to property rehabilitation, redevelopment, or demolition; or

(b)  Indirect displacement resulting from changes in neighborhood

population, if, when low-income households move out of housing units, those same housing units do not remain affordable to other low-income households in the neighborhood, or demographic changes that reflect the relocation of existing residents following widespread relocation of their community and community serving entities.

(5)  Division of local government means the division of local government in

the department of local affairs created in section 24-32-103.

(6)  Dwelling unit means a single unit providing complete independent

living facilities for one or more individuals, including permanent provisions for cooking, eating, living, sanitation, and sleeping.

(7)  Local government means a home rule, territorial, or statutory county,

city and county, city, or town.

(8)  Major transit stop means a station for boarding and exiting general

public passenger rail, including commuter rail and light rail, or a stop on a bus route with a service frequency of fifteen minutes or less for eight hours or more on weekdays, excluding seasonal service.

(9)  Multifamily residential housing means a building or group of buildings

on a lot with five or more separate dwelling units.

(10)  Neighborhood center means an area that meets the following criteria:


(a)  Allows a reasonable net housing density within zoning that supports

mixed-use pedestrian-oriented neighborhoods, the development of regulated affordable housing, and increased public transit ridership, as applicable;

(b)  Uses an efficient development review process for multifamily residential

development on parcels in the area that are no larger than a size determined by the department; and

(c)  Includes aspects of mixed-use pedestrian-oriented neighborhoods, as

determined by criteria established by the department.

(11)  Public facilities means public streets, roads, highways, sidewalks,

street- and road-lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, buildings used in the provision of public services, and schools.

(12)  Public services means fire protection and suppression, law

enforcement, public health, education, recreation, environmental protection, stormwater management, wastewater management, public transportation, public infrastructure maintenance, water, social services, and other services traditionally provided by government.

(13)  Region or regional means a defined geographic area consisting of

territory from more than one local government with a substantial interconnection in commuting patterns, economy, workforce, transportation and transit systems, public services, communities of interest, or other factors related to population and housing.

(14)  Regional entity means a council of governments, a public entity

formed by the voluntary agreement of local governments in the region, or a regional planning commission.

(15)  Regulated affordable housing means affordable housing that:


(a)  Has received loans, grants, equity, bonds, or tax credits from any source

to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability, or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;

(b)  Restricts or limits maximum rental or sale price for households of a given

size at a given area median income, as established annually by the United States department of housing and urban development; and

(c)  Ensures occupancy by low- to moderate-income households for a

specified period detailed in a restrictive use covenant or similar recorded agreement.

(16)  Single-unit detached dwelling means a detached building with a single

dwelling unit located on a single lot.

(17)  Supportive housing or supportive unit means a combination of

housing and services intended as a cost-effective way to help people live more stable, productive lives, and typically combines affordable housing with intensive coordinated services to help people maintain stable housing and receive appropriate health care.

(18)  Universal design means any dwelling unit designed and constructed to

be safe and accessible for any individual regardless of age or abilities.

(19)  Visitable housing or visitable unit means a dwelling unit that a

person with a disability can enter, move around the primary entrance floor of, and use the bathroom in.

Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1944, � 1,

effective May 30.

C.R.S. § 24-32-904.5

24-32-904.5. Compliance with national standards - recreational park trailers - recreational vehicles. (1) A person, partnership, firm, corporation, or any other entity shall not manufacture, sell, or offer for sale within this state:

(a)  Any new recreational vehicle that is not manufactured in compliance with

the national fire protection association's standard 1192 for recreational vehicles or any successor standard or amendment; or

(b)  Any new recreational park trailer that is not manufactured in compliance

with the American national standards institute's (ANSI's) standard A 119.5 for recreational park trailers, or any successor standard or amendment.

Source: L. 99: Entire section added, p. 444, � 13, effective August 4. L. 2022:

Entire section amended, (HB 22-1242), ch. 172, p. 1135, � 24, effective August 10.

C.R.S. § 24-34-104

24-34-104. General assembly review of regulatory agencies and functions for repeal, continuation, or reestablishment - legislative declaration - repeal - legislative declaration. (1) (a) The general assembly finds that state government actions have produced a substantial increase in numbers of agencies, growth of programs, and proliferation of rules and that the process developed without sufficient legislative oversight, regulatory accountability, or a system of checks and balances. The general assembly further finds that regulatory agencies tend to become unnecessarily restrictive. The general assembly further finds that, by establishing a system for the repeal, continuation, or reestablishment of regulatory agencies and by providing for the analysis and evaluation of regulatory agencies to determine the least restrictive regulation consistent with the public interest, the general assembly will be in a better position to evaluate the need for the continued existence of existing and future regulatory bodies.

(b)  It is the intent of the general assembly that the system set forth in this

section for repeal, continuation, or reestablishment of agencies in the department of regulatory agencies be extended to the functions of certain specified agencies and to certain specified boards, thereby providing for the review of these functions and boards in the most cost-effective manner.

(2) (a)  The divisions in the department of regulatory agencies, the boards and

agencies in the division of professions and occupations, and the functions of the specified agencies and the specified boards will repeal according to the repeal schedule outlined in this section. A requirement for periodic reports to the general assembly will expire as set forth in section 24-1-136 (11) and is treated as a function of an agency for purposes of this section except as otherwise provided in this section.

(b)  Upon repeal, an agency continues in existence, or, in the case of the

repeal of a function, the function continues to be performed, until the date that is one year after the specified repeal date for the purpose of winding up affairs. During the wind-up period, the repeal does not reduce or otherwise limit the powers or authority of the agency; except that a license issued or renewed during the wind-up period expires at the end of the period and original license and renewal fees are prorated accordingly. Upon the expiration of one year after the repeal, the agency shall cease all activities or, in the case of the repeal of a function, the function must cease. When a license issued or renewed before repeal is scheduled to expire after the cessation of activities, the license expires at the end of the wind-up period, and the agency shall refund the portion of the license fee paid that is attributable to the period following the cessation of activities. Any criminal penalty for engaging in a profession or activity without being licensed is not enforceable with respect to activities that occur after an agency has ceased its activities pursuant to this section.

(c)  As used in this section, unless the context otherwise requires, agency

includes a division or board within an agency that is subject to review pursuant to this section.

(3)  If the state constitution imposes powers, duties, or functions on an

agency or officer that is subject to the provisions of this section and the agency or officer is repealed and the general assembly does not designate another agency or officer to exercise the powers or perform the duties and functions, the agency or officer continues in existence, after the one-year wind-up period, under the principal department as if the agency or officer were transferred to the department by a type 2 transfer, as defined in section 24-1-105, until the general assembly otherwise designates.

(4)  The existence of a newly created agency or function in the department of

regulatory agencies may not exceed ten years and is subject to the provisions of this section. The general assembly may continue or reestablish the existence of an agency or function that is scheduled for repeal under this section for up to fifteen years. The general assembly, acting by bill, may reschedule the repeal date for an agency or function to a later date if the rescheduled date does not violate the appropriate maximum life provision described in this subsection (4).

(5) (a)  The department of regulatory agencies shall analyze and evaluate the

performance of each agency or function scheduled for repeal under this section. In conducting the analysis and evaluation, the department of regulatory agencies shall take into consideration, but need not be limited to considering, the factors listed in paragraph (b) of subsection (6) of this section. The department of regulatory agencies shall submit a report and supporting materials to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal and shall make a copy of the report available to each member of the general assembly.

(b)  The department of regulatory agencies shall submit its report to the

office of legislative legal services for the preparation of draft legislation based solely on specific recommendations for legislation set forth in the report. The department of regulatory agencies shall submit the report to the office of legislative legal services no later than October 15 of the year preceding the date established for repeal. The office of legislative legal services shall prepare the draft legislation before the next regular session of the general assembly for the committee of reference designated in section 2-3-1201, C.R.S., and shall submit the report from the department of regulatory agencies to the designated committee of reference. The designated committee of reference shall determine the title of the legislation drafted pursuant to this paragraph (b).

(c)  This subsection (5) is exempt from the provisions of section 24-1-136 (11),

and the periodic reporting requirement of this subsection (5) remains in effect until changed by the general assembly acting by bill.

(6) (a)  Before the repeal, continuation, or reestablishment of an agency or

function, a legislative committee of reference designated in section 2-3-1201, C.R.S., shall hold public hearings to receive testimony from the public, the executive director of the department of regulatory agencies, and the agencies involved. In the hearing, each agency has the burden of demonstrating that there is a public need for the continued existence of the agency or function and that its regulation is the least restrictive regulation consistent with the public interest.

(b)  In the hearings, the determination as to whether an agency has

demonstrated a public need for the continued existence of the agency or function and for the degree of regulation it practices is based on the following factors, among others:

(I)  Whether regulation or program administration by the agency is necessary

to protect the public health, safety, and welfare;

(II)  Whether the conditions that led to the initial creation of the program have

changed and whether other conditions have arisen that would warrant more, less, or the same degree of governmental oversight;

(III)  If the program is necessary, whether the existing statutes and

regulations establish the least restrictive form of governmental oversight consistent with the public interest, considering other available regulatory mechanisms;

(IV)  If the program is necessary, whether agency rules enhance the public

interest and are within the scope of legislative intent;

(V)  Whether the agency operates in the public interest and whether its

operation is impeded or enhanced by existing statutes, rules, procedures, and practices and any other circumstances, including budgetary, resource, and personnel matters;

(VI)  Whether an analysis of agency operations indicates that the agency or

the agency's board or commission performs its statutory duties efficiently and effectively;

(VII)  Whether the composition of the agency's board or commission

adequately represents the public interest and whether the agency encourages public participation in its decisions rather than participation only by the people it regulates;

(VIII)  Whether regulatory oversight can be achieved through a director

model;

(IX)  The economic impact of the program and, if national economic

information is not available, whether the agency stimulates or restricts competition;

(X)  If reviewing a regulatory program, whether complaint, investigation, and

disciplinary procedures adequately protect the public and whether final dispositions of complaints are in the public interest or self-serving to the profession or regulated entity;

(XI)  If reviewing a regulatory program, whether the scope of practice of the

regulated occupation contributes to the optimum use of personnel;

(XII)  Whether entry requirements encourage equity, diversity, and inclusivity;


(XIII)  If reviewing a regulatory program, whether the agency, through its

licensing, certification, or registration process, imposes any sanctions or disqualifications on applicants based on past criminal history and, if so, whether the sanctions or disqualifications serve public safety or commercial or consumer protection interests. To assist in considering this factor, the analysis prepared pursuant to subsection (5)(a) of this section must include data on the number of licenses, certifications, or registrations that the agency denied based on the applicant's criminal history, the number of conditional licenses, certifications, or registrations issued based upon the applicant's criminal history, and the number of licenses, certifications, or registrations revoked or suspended based on an individual's criminal conduct. For each set of data, the analysis must include the criminal offenses that led to the sanction or disqualification.

(XIV)  Whether administrative and statutory changes are necessary to

improve agency operations to enhance the public interest.

(c)  A legislative committee of reference that conducts a review pursuant to

paragraph (a) of this subsection (6) shall determine whether an agency or function should be repealed, continued, or reestablished and whether its functions should be revised and, if advisable, may recommend the consideration of a proposed bill to carry out its recommendations.

(d) (I)  If a legislative committee of reference recommends a bill for

consideration pursuant to paragraph (c) of this subsection (6), the bill must be introduced in the house of representatives in even-numbered years and in the senate in odd-numbered years. The chair of each legislative committee of reference that recommends a bill for consideration shall assign the proposed bill for sponsorship as follows:

(A)  To one or more of the members of the committee of reference; or


(B)  To one or more of the members of the general assembly who are not

members of the committee of reference if a majority of the committee's members vote to approve the sponsorship.

(II)  A member of the general assembly may not sponsor more than two bills

introduced pursuant to this subsection (6) in a single legislative session.

(III)  After consulting with the minority leader of the house of representatives

and the senate, respectively, and receiving permission from the representative or senator to be added as the bill sponsor:

(A)  The speaker of the house of representatives shall assign the proposed

bill to a representative for sponsorship in the house of representatives in odd-numbered years; and

(B)  The president of the senate shall assign the proposed bill to a senator for

sponsorship in the senate in even-numbered years.

(e)  A bill recommended for consideration by a committee of reference

pursuant to paragraph (c) of this subsection (6) does not count against the number of bills to which members of the general assembly are limited by law or joint rule of the senate and house of representatives.

(f)  Before the repeal, continuation, reestablishment, or revision of an

agency's functions, a committee of reference in each house of the general assembly designated by section 2-3-1201, C.R.S., shall hold a public hearing to consider the report from the department of regulatory agencies and any bill recommended for consideration pursuant to paragraph (c) of this subsection (6). The hearing must include the factors and testimony set forth in paragraph (b) of this subsection (6).

(7) (a)  Pursuant to the process established in this section, a committee of

reference may not continue, reestablish, or amend the functions of more than one division, board, or agency in any one bill for an act, and the title of the bill must include the name of the division, board, or agency. This paragraph (a) does not apply to requirements for periodic reports to the general assembly.

(b)  This section shall not cause the dismissal of a claim or right of a person

through or against an agency, or a claim or right of an agency, that has ceased its activities pursuant to this section, which claim is or may be subject to litigation. A person may pursue a claim or right through or against the department of regulatory agencies, the agency that performed the repealed function, or, in the case of a repealed board that is not in the department of regulatory agencies, the specified department in which the board is located. The claims and rights of an agency that has ceased its activities shall be assumed by the department of regulatory agencies, the agency that performed the repealed function, or the specific department.

(c)  This section does not affect the general assembly's authority to

otherwise consider legislation affecting a division, board, agency, or similar body.

(8)  If an agency or function repeals pursuant to the provisions of this section

and the general assembly reestablishes the agency or function during the wind-up period with substantially the same powers, duties, and functions, the agency or function continues.

(9)  The purpose of this section is to provide a listing of the divisions, boards,

agencies, and functions that are subject to review and scheduled for repeal. The provisions of this section do not effectuate the repeal of a statute; the provisions that effectuate the repeal of a statute creating or governing an agency or function are set forth in the substantive statute that creates the agency or function. The repeal provision in a substantive statute does not invalidate the wind-up period allowed by subsection (2) of this section or the provisions of subsection (3) of this section.

(10) to (24)  Repealed.


(25) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2024:

(I) to (VI)  Repealed.


(VII)  The evidential breath-testing cash fund created in section 42-4-1301.1

(9);

(VIII) to (XII)  Repealed.


(XIII)  (Deleted by amendment, L. 2024).


(XIV) to (XX)  Repealed.


(XXI)  The harm reduction grant program created in section 25-20.5-1101.


(XXII)  Repealed.


(b)  This subsection (25) is repealed, effective September 1, 2026.


(26) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2025:

(I) to (IX)  Repealed.


(X)  Reserved.


(XI) to (XIII)  Repealed.


(b)  This subsection (26) is repealed, effective September 1, 2027.


(27) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2026:

(I)  The regulation of barbers, hairstylists, cosmetologists, estheticians, nail

technicians, and registered places of business under section 12-105-112 by the director of the division of professions and occupations in accordance with article 105 of title 12;

(II)  The division of securities created in section 11-51-701, C.R.S.;


(III)  The securities board created in section 11-51-702.5, C.R.S.;


(IV)  The registration and regulation of vessels by the department of natural

resources in accordance with article 13 of title 33, C.R.S.;

(V)  The office of combative sports, including the Colorado combative sports

commission, created in article 110 of title 12;

(VI)  The division of real estate, including the real estate commission, created

in part 2 of article 10 of title 12, and its functions under parts 2, 3, and 5 of article 10 of title 12;

(VII)  The regulation of professional cash-bail agents and cash-bonding

agents in accordance with article 23 of title 10;

(VIII)  The Colorado podiatry board created in article 290 of title 12;


(IX)  The biomass utilization grant program implemented by the state forest

service pursuant to section 23-31-317;

(X)  The cold case task force created in section 24-33.5-109;


(XI)  The record-keeping, licensing, and central registry functions of the

behavioral health administration in the department of human services relating to substance use disorder treatment programs under which controlled substances are compounded, administered, or dispensed in accordance with part 2 of article 80 of title 27;

(XII)  The licensing of pet animal facilities by the commissioner of agriculture

in accordance with article 80 of title 35;

(XIII)  The fire suppression programs of the division of fire prevention and

control created in sections 24-33.5-1204.5, 24-33.5-1206.1, 24-33.5-1206.2, 24-33.5-1206.3, 24-33.5-1206.4, 24-33.5-1206.5, 24-33.5-1206.6, and 24-33.5-1207.6;

(XIV)  The Colorado medical board created in article 240 of title 12;


(XV)  The regulation of dialysis treatment clinics and hemodialysis

technicians in accordance with section 25-1.5-108;

(XVI)  The Colorado public utilities commission created in article 2 of title 40;


(XVII)  The legal requirements pertaining to home warranty service contracts

under part 9 of article 10 of title 12.

(XVIII) and (XIX)  Repealed.


(b)  This subsection (27) is repealed, effective September 1, 2028.


(28) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2027:

(I)  The regulation of motor vehicle and powersports vehicle sales by the

motor vehicle dealer board and the director of the auto industry division, under the supervision of the executive director of the department of revenue, in accordance with parts 1, 2, 3, and 4 of article 20 of title 44;

(II)  The Colorado civil rights division, including the Colorado civil rights

commission, created in part 3 of this article 34;

(III)  The state board of nursing created in article 255 of title 12;


(IV)  The state board of nursing created in article 255 of title 12 and the

functions of the board, including the functions related to the certification of nurse aides;

(V)  The regulation of radon professionals licensed in accordance with article

165 of title 12;

(VI)  The justice reinvestment crime prevention initiative created in section

24-32-120;

(VII)  The use of digital number plates by the owner of a registered vehicle

pursuant to section 42-3-201 (8);

(VIII)  The domestic violence offender management board created in section

16-11.8-103;

(IX)  The certification of persons in connection with the control of asbestos in

accordance with part 5 of article 7 of title 25;

(X)  The wildfire mitigation incentives for local government grant program

created in section 23-31-318 (2).

(b)  This subsection (28) is repealed, effective September 1, 2029.


(29) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2028:

(I)  The licensing of landscape architects in accordance with article 130 of

title 12;

(II)  The administration of the Colorado Fair Debt Collection Practices Act

by the administrator of the Uniform Consumer Credit Code, articles 1 to 9 of title 5, in accordance with article 16 of title 5;

(III)  The issuance of licenses and certificates related to measurement

standards by the commissioner of agriculture and the department of agriculture in accordance with article 14 of title 35;

(IV)  The functions of the underground damage prevention safety commission

related to underground facilities specified in sections 9-1.5-104.2, 9-1.5-104.4, 9-1.5-104.7, and 9-1.5-104.8;

(V)  The functions of the commissioner of agriculture related to seed

potatoes under article 27.3 of title 35;

(VI)  In-home support services established in part 12 of article 6 of title 25.5;


(VII)  The licensing of river outfitters through the parks and wildlife

commission and the division of parks and wildlife in accordance with article 32 of title 33;

(VIII)  The functions of the department of public health and environment

relating to the licensing of home care agencies and the registering of home care placement agencies in accordance with article 27.5 of title 25;

(IX)  The medical marijuana program created in section 25-1.5-106;


(X) and (XI)  Repealed.


(XII)  The Colorado Marijuana Code, article 10 of title 44;


(XIII)  The administration of the Michael Skolnik Medical Transparency Act

of 2010 by the director of the division of professions and occupations in accordance with section 12-30-102;

(XIV)  The registration of surgical assistants and surgical technologists

pursuant to article 310 of title 12;

(XV)  The registration of direct-entry midwives by the division of professions

and occupations in accordance with article 225 of title 12;

(XVI)  Notwithstanding subsection (7)(a) of this section, the office of the

utility consumer advocate and the utility consumers' board created in article 6.5 of title 40;

(XVII)  The community crime victims grant program created in section 25-20.5-801;


(XVIII)  The grant program to provide funding to eligible community-based

organizations that provide reentry services to people on parole or inmates transitioning through community corrections described in section 17-33-101 (7);

(XIX)  The regulation of nursing home administrators by the board of

examiners of nursing home administrators in accordance with article 265 of title 12;

(XX)  The sex offender management board created in section 16-11.7-103.


(b)  This subsection (29) is repealed, effective September 1, 2030.


(30) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2029:

(I)  The automobile theft prevention authority and the automobile theft

prevention board created in section 42-5-112;

(II)  The licensing of mortgage loan originators and the registration of

mortgage companies in accordance with part 7 of article 10 of title 12;

(III)  The regulation of persons working in coal mines by the department of

natural resources through the coal mine board of examiners in accordance with article 22 of title 34;

(IV)  The Colorado state board of chiropractic examiners created in article

215 of title 12;

(V)  The registration of naturopathic doctors in accordance with article 250 of

title 12;

(VI)  Notwithstanding subsection (7)(a) of this section, the functions of the

boards specified in article 245 of title 12 relating to the licensing, registration, or certification of and grievances against a person licensed, registered, or certified pursuant to article 245 of title 12;

(VII)  The regulation of preneed funeral contracts in accordance with article

15 of title 10;

(VIII)  The direct care workforce stabilization board created in article 7.5 of

title 8;

(IX)  The assistance program for disability benefits under article 88 of title 8;


(X)  The functions of the director of the division of professions and

occupations related to the registration of funeral establishments specified in section 12-135-110 and crematories specified in section 12-135-303 and to the title protections specified in sections 12-135-111 and 12-135-304.

(b)  This subsection (30) is repealed, effective September 1, 2031.


(31) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2030:

(I)  The functions of the division of insurance in the department of regulatory

agencies specified in article 1 of title 10, other than the functions of the division related to the licensing of bail bonding agents and the regulation of preneed funeral contracts;

(II)  The state board of accountancy created in article 100 of title 12;


(III)  The passenger tramway safety board created in section 12-150-104;


(IV)  The functions of professional review committees specified in article 30

of title 12;

(V)  The licensing of occupational therapists and occupational therapy

assistants in accordance with article 270 of title 12;

(VI)  The state board of pharmacy and the regulation of the practice of

pharmacy in accordance with parts 1 to 3, 5, and 6 of article 280 of title 12;

(VII)  The functions of the circular economy development center created in

section 25-17-602;

(VIII)  Human trafficking prevention training pursuant to section 24-33.5-523;


(IX)  The veterans one-stop center, known as the western region one

source, established pursuant to section 28-5-713;

(X)  The Colorado produced water consortium created in section 34-60-135

(2)(a);

(XI)  The functions of the banking board and the state bank commissioner

related to money transmitters specified in article 110 of title 11;

(XII)  The functions of the broadband office in administering the broadband

deployment grant program created in section 24-37.5-905;

(XIII)  The regulation of towing carriers by the public utilities commission

under part 4 of article 10.1 of title 40;

(XIV)  The HOA information and resource center created in section 12-10-801;


(XV)  The rural alcohol and substance abuse prevention and treatment

program created pursuant to section 27-80-117 in the behavioral health administration in the department of human services;

(XVI)  The motorcycle operator safety training program created in part 5 of

article 5 of title 43.

(b)  This subsection (31) is repealed, effective September 1, 2032.


(32) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2031:

(I)  The registration functions of the commissioner of agriculture specified in

article 27 of title 35;

(II)  The licensing of egg dealers in accordance with article 21 of title 35;


(III)  The water and wastewater facility operators certification board created

in section 25-9-103;

(IV)  The licensing of hearing aid providers by the division of professions and

occupations in accordance with article 230 of title 12;

(V)  The licensing of audiologists by the division of professions and

occupations in accordance with article 210 of title 12;

(VI)  The regulation of athletic trainers by the director of the division of

professions and occupations in the department of regulatory agencies in accordance with article 205 of title 12;

(VII)  The licensure of massage therapists by the director of the division of

professions and occupations in accordance with article 235 of title 12;

(VIII)  The board of real estate appraisers created in part 6 of article 10 of title

12;

(IX)  The regulation of conveyances and conveyance mechanics, contractors,

and inspectors by the director of the division of oil and public safety within the department of labor and employment in accordance with article 5.5 of title 9;

(X)  The Colorado prescription drug affordability review board created in

section 10-16-1402;

(XI)  The rule-making function of the executive director of the department of

early childhood pursuant to section 26.5-1-105 (1);

(XII)  Repealed.


(XIII)  The regulation of mortuary science professionals pursuant to parts 1, 4,

and 5 to 9 of article 135 of title 12;

(XIV)  The veterans assistance grant program created in section 28-5-712;


(XV)  The licensing of bingo and other games of chance through the secretary

of state and the functions of the Colorado charitable gaming board as specified in part 6 of article 21 of this title 24.

(b)  This subsection (32) is repealed, effective September 1, 2033.


(33) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2032:

(I)  The state electrical board created in article 23 of title 12;


(II)  The workers' compensation classification appeals board created in article

55 of title 8;

(III)  The responsible gaming grant program created in section 44-30-1702;


(IV)  The regulation of the custom processing of meat animals by the

department of agriculture in accordance with article 33 of title 35;

(V)  The division of racing events, including the Colorado racing commission,

created in article 32 of title 44;

(VI)  The appointment of notaries public through the secretary of state in

accordance with part 5 of article 21 of this title 24;

(VII)  The Natural Medicine Health Act of 2022, article 170 of title 12;


(VIII)  The Colorado Natural Medicine Code, article 50 of title 44;


(IX)  The state plumbing board created in article 155 of title 12;


(X)  The licensing and regulation of persons by the department of agriculture

in accordance with article 36 of title 35.

(b)  This subsection (33) is repealed, effective September 1, 2034.


(34) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2033:

(I)  The issuance of permits for specific weather modification operations

through the executive director of the department of natural resources in accordance with article 20 of title 36;

(II)  The authority of the director of the division of workers' compensation to

impose fines on employers pursuant to section 8-43-409 (1.5) for failure to carry workers' compensation insurance;

(III)  The regulation of speech-language pathologists and speech-language

pathology assistants by the director of the division of professions and occupations in accordance with article 305 of title 12;

(IV)  The licensing of persons who practice acupuncture by the director of the

division of professions and occupations in accordance with article 200 of title 12;

(V)  The state board of veterinary medicine created in article 315 of title 12;


(VI)  The state board of optometry created in article 275 of title 12;


(VII)  The division of gaming created in part 2 of article 30 of title 44;


(VIII)  The closed landfill remediation grant program and the closed landfill

remediation grant program advisory committee created in section 30-20-124;

(IX)  The regulation of nontransplant tissue banks by the director of the

division of professions and occupations in the department of regulatory agencies pursuant to section 12-140-103;

(X)  The state board of licensure for architects, professional engineers, and

professional land surveyors in the department of regulatory agencies created in section 12-120-103;

(XI)  The division of financial services created in article 44 of title 11;


(XII)  The division of banking and the banking board created in article 102 of

title 11;

(XIII)  The behavioral health first aid training program created in section 25-1.5-113.5.


(b)  This subsection (34) is repealed, effective September 1, 2035.


(35) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2034:

(I)  The regulation of produce safety on farms by the commissioner of

agriculture in accordance with article 77 of title 35;

(II)  The licensing and regulation of psychiatric technicians by the state board

of nursing in accordance with article 295 of title 12;

(III)  The licensing of public livestock markets in accordance with article 55 of

title 35;

(IV)  The air quality enterprise created by section 25-7-103.5;


(V)  The regulation of the application of pesticides by the commissioner of

agriculture in accordance with article 10 of title 35;

(VI)  The regulation of outfitters by the director of the division of professions

and occupations in accordance with article 145 of title 12;

(VII)  The functions of the department of public health and environment

regarding community integrated health-care service agencies pursuant to part 13 of article 3.5 of title 25;

(VIII)  The Colorado dental board created in article 220 of title 12.


(b)  This subsection (35) is repealed, effective September 1, 2036.


(36) (a)  The following agencies, functions, or both are scheduled for repeal

on September 1, 2035:

(I)  The licensing and regulation of respiratory therapists by the division of

professions and occupations in the department of regulatory agencies in accordance with article 300 of title 12;

(II)  The functions specified in part 2 of article 19 of title 5 of the

administrator designated pursuant to section 5-6-103 and the registration of debt-management service providers;

(III)  The regulation of private occupational schools and their agents under

article 64 of title 23, including the functions of the private occupational school division created in section 23-64-105, and the private occupational school board created in section 23-64-107;

(IV)  The licensing of physical therapists by the physical therapy board in

accordance with part 1 of article 285 of title 12;

(V)  The certification of physical therapist assistants by the physical therapy

board in accordance with part 2 of article 285 of title 12;

(VI)  The underfunded courthouse facility cash fund commission created in

part 3 of article 1 of title 13.

(b)  This subsection (36) is repealed, effective September 1, 2037.


(37) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2036:

(I)  The accreditation of health-care providers under the workers'

compensation system in accordance with section 8-42-101 (3.5) and (3.6);

(II)  The Colorado fraud investigators unit created in part 17 of article 33.5 of

this title 24.

(b)  This subsection (37) is repealed, effective September 1, 2038.


(38) (a)  The following agencies, functions, or both, are scheduled for repeal

on September 1, 2037:

(I)  The Colorado resiliency office created in section 24-32-121 and the

functions of the office described in section 24-32-122.

(b)  This subsection (38) is repealed, effective September 1, 2039.


Source: For source information prior to 2016, go to

https://leg.colorado.gov/node/3083286. L. 2016: Entire section R&RE, (HB16-1192), ch. 83, p. 218, � 3, effective April 14; IP(47) amended, (47)(c) repealed,and (56)(d) added, (HB16-1168), ch. 93, p. 262, � 2, effective April 14; (47)(b) repealed and (54)(b) added,(HB16-1170), ch. 109, p. 312, � 2, effective April 15; (47.5)(h) amended, (SB16-189), ch. 210, p. 766, � 49, effective June 6; (56)(d) added, (SB16-069), ch. 260, p. 1071, � 5, effective June 8; (47)(d) repealed and (50.5)(o) added, (HB16-1261), ch. 338, p. 1378, � 12, effective June 10; IP(47.5) amended, (47.5)(d) repealed, and (54)(b)added, and (HB16-1232), ch. 336, p. 1367, � 2, effective June 10; (46)(k) repealed and (52.5)(f) added, (SB16-161), ch. 264, p. 1095, � 2, effective July 1; (47.5)(b) repealed and (52.5)(f) added, (HB16-1160), ch. 330, p. 1338, � 5, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1158), ch. 147, p. 442, � 2, effective August 10; (47.5)(c) repealed and (56)(d) added, (HB16-1159), ch. 148, p. 444, � 2, effective August 10; (47.5)(e) repealed, (57)(c)amended, and (57)(d) added, (HB16-1173), ch. 114, p. 323, � 1, effective August 10; (47.5)(f) repealed and (51.5)(j) added, (HB16-1345), ch. 347, p. 1417, � 4, effective August 10; (47.5)(h) repealed and (52.5)(f) added, (HB16-1360), ch. 350, p. 1422, � 2, effective August 10; (51.5)(j) added, (HB16-1404), ch. 358, p. 1494, � 2, effective August 10; (52.5)(f) added,(HB16-1157), ch. 79, p. 204, � 2, effective August 10. L. 2017: (12)(a)(VIII) repealed and (27)(a)(V) added, (SB17-148), ch. 183, p. 673, � 9, effective May 3; (12)(a)(IV) and (12)(a)(V) repealed, IP(25)(a) amended, and (25)(a)(XV) and (25)(a)(XVI) added, (SB17-232), ch. 233, p. 907, � 1, effective May 23; IP(17)(a), (17)(a)(XI), IP(26)(a), and (26)(a)(IV) amended, (SB17-242), ch. 263, p. 1321, � 178, effective May 25; (12)(a)(VII) repealed and (29) added, (SB17-216), ch. 285, p. 1577, � 1, effective June 1; (12)(a)(IX) repealed, IP(23)(a) amended, and (23)(a)(X) and (31) added, (SB17-249), ch. 283, p. 1543, � 1, effective June 1; (12)(a)(I) repealed and (29) added, (SB17-218), ch. 304, p. 1656, � 2, effective June 2; (12)(a)(VI) repealed, IP(27)(a) amended, and (27)(a)(VI) added, (SB17-215), ch. 282, p. 1534, � 4, effective June 30; (12)(a)(II) and (12)(a)(III) repealed and (28) added, (SB17-240), ch. 395, p. 2038, � 1, effective July 1; (13)(a)(IV) repealed, IP(19)(a) amended, and (19)(a)(XIII) added, (SB17-243), ch. 256, p. 1073, � 8, effective July 1; IP(22)(a) amended and (22)(a)(II) added, (HB17-1119), ch. 317, p. 1708, � 11, effective July 1; (12)(a)(VII) and (25)(a) amended, (HB17-1238), ch. 260, p. 1174, � 21, effective August 9; (13)(a)(I) repealed, IP(23)(a) amended, and (23)(a)(IX) added, (SB17-201), ch. 308, p. 1670, � 2, effective August 9; (13)(a)(II) repealed, IP(23)(a) amended, and (23)(a)(VIII) added, (SB17-108), ch. 146, p. 489, � 1, effective August 9; (13)(a)(III) repealed, IP(27)(a) amended, and (27)(a)(VII) added, (SB17-236), ch. 312, p. 1677, � 2, effective August 9; (13)(a)(V) repealed, IP(19)(a) amended, and (19)(a)(XII) added, (SB17-106), ch. 302, p. 1648, � 1, effective August 9; IP(18)(a) and (18)(a)(IV) amended, (SB17-225), ch. 262, p. 1246, � 6, effective August 9; IP(19)(a) amended and (19)(a)(XIV) added, (HB17-1326), ch. 394, p. 2035, � 7, effective August 9; IP(25)(a) and (25)(a)(X) amended, (HB17-1239), ch. 261, p. 1207, � 18, effective August 9; (25)(a)(II) amended, (SB17-226), ch. 159, p. 590, � 8, effective August 9; IP(14)(a) and IP(24)(a) amended and (24)(a)(IV) added, (SB17-132), ch. 207, p. 807, � 3, effective July 1, 2018; (14)(a)(VII)(B) added by revision, (SB17-132), ch. 207, pp. 807, 809, �� 3, 8, (SB17-294), ch. 264, p. 1418,� 121. L. 2018: (14)(a)(V) repealed, (HB18-1183), ch. 60, p. 607, � 1, effective March 22; (21)(a)(X) added, (HB18-1045), ch. 67, p. 624, � 6, effective March 22; (14)(a)(I) repealed, (HB18-1239), ch. 114, p. 810, � 1, effective April 12; (24)(a)(V) added, (HB18-1337), ch. 191, p. 1275, � 2, effective April 30; (24)(a)(X) added, (HB18-1409), ch. 244, p. 1514, � 3, effective May 24; (14)(a)(II) repealed, (HB18-1291), ch. 273, p. 1693, � 9, effective May 29; (29)(a)(II) amended, (HB18-1375), ch. 274, p. 1710, � 47, effective May 29; (15)(a)(VIII) repealed and (24)(a)(VII) added, (HB18-1176), ch. 321, p. 1927, � 3, effective May 30; (14)(a)(III) repealed and (29)(a)(III) added, (HB18-1146), ch. 377, p. 2282, � 1, effective June 6; (14)(a)(IV) repealed and (24)(a)(VI) added, (HB18-1235), ch. 208, p. 1339, � 1, effective July 1; (14)(a)(VI) repealed and (24)(a)(VIII) added, (HB18-1294), ch. 277, p. 1749, � 2, effective July 1; (14)(a)(VIII) repealed and (28)(a)(II) added, (HB18-1256), ch. 229, p. 1441, � 2, effective July 1; (15)(a)(I) repealed and (30) added,(HB18-1240), ch. 209, p. 1341, � 1, effective August 8; (15)(a)(IV) repealed and (34)added, (HB18-1147), ch. 166, p. 1139, � 1, effective August 8; (15)(a)(V) repealed and (30)added, (HB18-1174), ch. 282, p. 1761, � 1, effective August 8; (15)(a)(VI) repealed, (HB18-1237), ch. 165, p. 1137, � 1, effective August 8; (24)(a)(IX) added, (HB18-1309), ch. 269, p. 1659, � 2, effective August 8; (25)(a)(VI) amended and (25)(a)(XVII) added, (SB18-002), ch. 89, p. 715, � 5, effective August 8; (25)(a)(XII) amended, (HB18-1108), ch. 303, p. 1836, � 10, effective August 8; (25)(a)(XIII) amended, (SB18-234), ch. 332, p. 1999, � 4, effective August 8; (29)(a)(IV) added, (SB18-167), ch. 256, p. 1577, � 9, effective August 8; (15)(a)(II) and (15)(a)(III) repealed and (25)(a)(XVIII) and (25)(a)(XIX) added, (HB18-1155), ch. 315, p. 1897, � 3, effective September 1; (17)(a)(XIII) and (17)(a)(XV) amended, (HB18-1023), ch. 55, p. 588, � 17, effective October 1; (23)(a)(VII) amended, (SB18-034), ch. 14, p. 246, � 32, effective October 1; (24)(a)(II) amended, (HB18-1024), ch. 26, p. 323, � 15, effective October 1; (28)(a)(I) amended, (SB18-030), ch. 7, p. 139, � 10, effective October 1; (6)(b)(IX) amended, (HB18-1418), ch. 352, p. 2088, � 2, effective November 1. L. 2019: (19)(a)(XIV) repealed and (24)(a)(XI) added, (SB19-064), ch. 179, p. 2038, � 4, effective May 14; (23)(a)(XII) added, (HB19-1292), ch. 183, p. 2062, � 4, effective May 16; (26)(a)(VIII) added, (HB19-1233), ch. 194, p. 2123, � 8, effective May 16; (16)(a)(I) repealed and (31)(a)(III) added, (SB19-159), ch. 209, p. 2209, � 2, effective May 17; (16)(a)(II) repealed and (35)added, (SB19-150), ch. 241, p. 2369, � 1, effective May 20; (25)(a)(XX) added, (SB19-228), ch. 276, p. 2606, � 11, effective May 23; (17)(a)(I) repealed and (27)(a)(XVI) added, (SB19-236), ch. 359, p. 3290, � 2, effective May 30; (16)(a)(III) repealed and (35)added, (SB19-154), ch. 169, p. 1971, � 2, effective July 1; (16)(a)(IV) repealed and (31)(a)(II)added, (SB19-155), ch. 235, p. 2329, � 1, effective July 1; (16)(a)(V) repealed and (33) added,(SB19-156), ch. 346, p. 3198, � 1, effective July 1; (16)(a)(VI) repealed and (27)(a)(VIII) added, (SB19-153), ch. 369, p. 3376, � 1, effective July 1; (16)(a)(VII) repealed and (27)(a)(XIV) added, (SB19-193), ch. 406, p. 3586, � 3, effective July 1; (17)(a)(II) repealed and (29)(a)(V)added, (SB19-147), ch. 100, p. 363, � 1, effective August 2; (17)(a)(IV) repealed and (29)(a)(VII) added, (SB19-160), ch. 416, p. 3661, � 1, effective August 2; (17)(a)(V) repealed and (27)(a)(X)added, (SB19-163), ch. 213, p. 2221, � 2, effective August 2; (17)(a)(VI) repealed and (27)(a)(XV) added, (SB19-145), ch. 218, p. 2241, � 1, effective August 2; (17)(a)(VII) repealed and (31)(a)(IV) added, (SB19-234), ch. 181, p. 2050, � 1, effective August 2; (17)(a)(VIII) repealed and (27)(a)(XIII) added, (SB19-157), ch. 260, p. 2474, � 1, effective August 2; (17)(a)(IX) repealed and (27)(a)(XII) added, (SB19-158), ch. 409, p. 3605, � 1, effective August 2; (17)(a)(X) repealed and (29)(a)(VI) added, (SB19-164), ch. 371, p. 3385, � 2, August 2; (17)(a)(XI) repealed and (27)(a)(XI)added, (SB19-219), ch. 277, p. 2613, � 1, August 2; (17)(a)(XII) repealed and (29)(a)(VIII)added, (SB19-146), ch. 314, p. 2819, � 1, August 2; (17)(a)(XIII) and (17)(a)(XV) repealed and (29)(a)(X) and (29)(a)(XI) added, (SB19-224), ch. 315, p. 2823, � 3, effective August 2; (17)(a)(XIV) repealed and (29)(a)(IX) added, (SB19-218), ch. 343, p. 3188, � 3, effective August 2; (21)(a)(III) repealed, (SB19-254), ch. 336, p. 3090, � 1, effective August 2; (23)(a)(XI) added, (SB19-231), ch. 290, p. 2674, � 3, effective August 2; (24)(a)(XII) added, (HB19-1051), ch. 404, p. 3577, � 4, effective August 2; (25)(a)(XXI) added, (SB19-008), ch. 275, p. 2599, � 6, effective August 2; (35) added, (HB19-1114), ch. 74, p. 275, � 3, effective August 2; (16)(a)(I), (16)(a)(III),(16)(a)(IV), (16)(a)(V), (16)(a)(VI), (16)(a)(VII), (17)(a)(VII),(18)(a)(V), (18)(a)(VI), (19)(a)(I), (19)(a)(II), (19)(a)(III), (19)(a)(V), (19)(a)(VI),(19)(a)(VII), (19)(a)(VIII), (19)(a)(X), (19)(a)(XII), (20)(a)(II), (21)(a)(II), (21)(a)(IV),(21)(a)(VI), (21)(a)(VII), (21)(a)(VIII), (21)(a)(IX), (21)(a)(X), (23)(a)(I), (23)(a)(II),(23)(a)(IV), (23)(a)(V), (23)(a)(VI), (23)(a)(VIII), (24)(a)(VIII), (25)(a)(IV), (25)(a)(V),(25)(a)(XI), (25)(a)(XIII), (25)(a)(XVIII), (25)(a)(XIX), (26)(a)(I), (26)(a)(III),(27)(a)(I), (27)(a)(V), (27)(a)(VI), (29)(a)(I), and (30)(a)(II) amended, (HB19-1172), ch. 136, p. 1688, � 129, effective October 1; (21)(a)(II) amended, (HB19-1242), ch. 434, p. 3757, � 17, effective October 1; (29)(a)(XII) added, (SB19-224), ch. 315, p. 2939, � 22, effective January 1, 2020. L. 2020: (18)(a)(I) repealed and (30)(a)(III) added, (HB20-1208), ch. 119, p. 494, � 1, effective June 23; (27)(a)(XVII) added, (HB20-1214), ch. 122, p. 519, � 2, effective June 24; (18)(a)(II) repealed and (32)added, (HB20-1211), ch. 159, p. 711, � 1, effective June 29; (18)(a)(III) repealed and (32)added, (HB20-1184), ch. 145, p. 628, � 1, effective June 29; (18)(a)(IV) repealed and (26)(a)(XI) added, (HB20-1213), ch. 160, p. 715, � 1, effective June 29; (19)(a)(II) repealed and (26)(a)(IX) added, (HB20-1200), ch. 188, p. 860, � 1, effective June 30; (24)(a)(IX) repealed, (HB20-1418), ch. 197, p. 945, � 17, effective June 30; (18)(a)(V) repealed and (28)(a)(III) added, (HB20-1216), ch. 190, p. 864, � 3, effective July 1; (18)(a)(VI) repealed and (30)(a)(IV)added, (HB20-1210), ch. 158, p. 706, � 2, effective July 1; (19)(a)(I) repealed and (28)(a)(IV)added, (HB20-1183), ch. 157, p. 673, � 2, effective July 1; (35)(a)(IV) added, (SB20-204), ch. 192, p. 891, � 3, effective July 1; (19)(a)(XI) repealed, (HB20-1404), ch. 231, p. 1121, � 3, effective July 2; (19)(a)(XII) repealed and (30)(a)(V) added, (HB20-1212), ch. 228, p. 1113, � 2, effective July 2; (19)(a)(X) repealed, (HB20-1286), ch. 269, p. 1304, � 1, effective July 10; (19)(a)(IV) repealed and (32)added, (HB20-1215), ch. 273, p. 1335, � 1, effective July 11; (19)(a)(XIII) repealed and (26)(a)(XII) added, (HB20-1285), ch. 292, p. 1439, � 1, effective July 13; (19)(a)(III) repealed and (30)(a)(VI) added, (HB20-1206), ch. 304, p. 1524, � 2, effective July 14; (19)(a)(V) repealed and (32)added, (HB20-1219), ch. 300, p. 1491, � 2, effective September 1; (19)(a)(VI) repealed and (32) added, (HB20-1218), ch. 299, p. 1483, � 2, effective September 1; (19)(a)(VII) repealed and (31)(a)(V) added, (HB20-1230), ch. 274, p. 1338, � 2, effective September 14; (19)(a)(IX) repealed, (HB20-1217), ch. 93, p. 369, � 2, effective September 14; (21)(a)(IV) and (21)(a)(X)amended, (HB20-1056), ch. 64, p. 263, � 6, effective September 14. L. 2021: (20)(a)(I) repealed and (33)(a)(II) added, (SB21-096), ch. 30, p. 125, � 3, effective April 15; (27)(a)(XIX) added, (SB21-175), ch. 240, p. 1276, � 4, effective June 16; (24)(a)(XI) repealed and (28)(a)(VI) added, (HB21-1215), ch. 252, p. 1488, � 3, effective June 17; (25)(a)(XX) repealed, (SB21-137), ch. 362, p. 2381, � 27, effective June 28; (20)(a)(II) repealed, (SB21-098), ch. 285, p. 1692, � 5, effective July 1; (24)(a)(XIII) added, (HB21-1320), ch. 425, p. 2820, � 2, effective July 2; (25)(a)(VI) amended, (HB21-1109), ch. 489, p. 3510, � 1, effective July 7; (26)(a)(XIII) added, (HB21-1283), ch. 472, p. 3383, � 2, effective July 7; (21)(a)(I) repealed and (27)(a)(XVIII) added, (SB21-099), ch. 100, p. 402, � 2, effective September 1; (21)(a)(II) repealed and (31)(a)(VI) added, (SB21-094), ch. 314, p. 1923, � 2, effective September 1; (21)(a)(IV) and (21)(a)(X) repealed, (SB21-102), ch. 31, p. 126, � 1, effective September 1; (21)(a)(V) repealed and (29)(a)(XVI) added, (SB21-103), ch. 477, p. 3407, � 1, effective September 1; (21)(a)(VI) repealed and (29)(a)(XIII) added, (SB21-097), ch. 111, p. 438, � 1, effective September 1; (21)(a)(VII) repealed and (29)(a)(XV) added, (SB21-101), ch. 196, p. 1048, � 1, effective September 1; (21)(a)(VIII) repealed and (29)(a)(XIV) added, (SB21-092), ch. 139, p. 780, � 1, effective September 1; (21)(a)(IX) repealed and (32)(a)(VI) added, (SB21-147), ch. 174, p. 950, � 1, effective September 1; (27)(a)(IX) added, (HB21-1180), ch. 469, p. 3376, � 2, effective September 7; (28)(a)(V) added, (HB21-1195), ch. 398, p. 2645, � 2, effective September 7. L. 2022: (22)(a)(II) repealed and (34)(a)(II) added, (HB22-1262), ch. 89, p. 424, � 2, effective April 12; (22)(a)(I) repealed and (32)(a)(IX)added, (HB22-1212), ch. 253, p. 1846, � 1, effective May 26; (28)(a)(X) added, (HB22-1011), ch. 340, p. 2448, � 2, effective June 3; (25)(a)(XXII) added, (HB22-1295), ch. 123, p. 775, � 4, effective July 1; (26)(a)(IV) and (27)(a)(XI)amended, (HB22-1278), ch. 222, p. 1506, � 50, effective July 1; (6)(b)(IX) amended, (HB22-1098), ch. 220, p. 1439, � 3, effective August 10; (6)(d)(III) amended, (SB22-218), ch. 419, p. 2959, � 1, effective August 10; (23)(a)(I) repealed and (34)(a)(VI) added, (HB22-1233), ch. 398, p. 2829, � 2, effective August 10; (23)(a)(II) repealed and (34)(a)(V) added, (HB22-1235), ch. 442, p. 3100, � 2, effective August 10; (23)(a)(III) repealed and (28)(a)(IX) added, (HB22-1232), ch. 362, p. 2591, � 1, effective August 10; (23)(a)(VI) repealed and (32)(a)(VIII) added, (HB22-1261), ch. 315, p. 2247, � 1, effective August 10; (23)(a)(VII) repealed and (34)(a)(VII) added, (HB22-1412), ch. 405, p. 2874, � 1, effective August 10; (23)(a)(VIII) repealed and (34)(a)(III) added, (HB22-1213), ch. 284, p. 2036, � 2, effective August 10; (23)(a)(IX) repealed and (28)(a)(VIII) added, (HB22-1210), ch. 318, p. 2262, � 2, effective August 10; (23)(a)(X) repealed and (30)(a)(VII) added, (HB22-1228), ch. 309, p. 2222, � 1, effective August 10; (23)(a)(XI) repe

C.R.S. § 24-36-122

24-36-122. Law enforcement officers and firefighters - work-related death - continuation of medical benefits for dependants - cash fund - created - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Board means the law enforcement officers' and firefighters'

continuation of benefits board created in subsection (2) of this section.

(b)  Employee means an active, full-time or part-time salaried employee of

an employer whose duties are directly involved with the provision of law enforcement or fire protection, as certified by his or her employer, and who has medical or dental benefit coverage through his or her employer.

(c)  Employer means any county or municipality in the state offering law

enforcement or fire protection service employing one or more persons and any special district or county improvement district in the state offering fire protection service employing one or more persons.

(d)  Fund means the law enforcement officers' and firefighters'

continuation of benefits fund created in subsection (5) of this section.

(e)  Work-related death means a death that is the proximate result of an

injury arising out of and in the course and scope of employment with an employer.

(2) (a)  There is hereby created in the department of the treasury the law

enforcement officers' and firefighters' continuation of benefits board. The board shall review submissions from employers for the continuation of medical and dental benefits for the dependants of any employee who dies in a work-related death and shall oversee the payment of such benefits. In the course of its duties, the board may coordinate and confer with the department of public safety, the department of local affairs, the fire and police pension association, any employer as defined in subsection (1)(c) of this section, or any other entity as deemed necessary and appropriate by the board.

(b)  The board is composed of the following members:


(I)  The state treasurer or his or her designee;


(II)  The executive director of the department of public safety or his or her

designee; and

(III)  The executive director of the fire and police pension association or his or

her designee.

(c)  The members of the board serve without compensation but shall be

reimbursed by the department of the treasury for any necessary expenses incurred in the conduct of their official duties and shall suffer no loss of salary from an employer for service on the board.

(d)  Staff services for the board shall be provided by the department of the

treasury.

(3) (a)  Any employer may request that the board pay the costs of the

continuation of benefits for the dependents of an employee who died in a work-related death paid from the fund.

(b)  (Deleted by amendment, L. 2023.)


(c)  Nothing in this section shall be construed to prohibit a county,

municipality, special district, or county improvement district from independently paying for the continuation of benefits for the dependents of any person it employs and who dies in a work-related death.

(4)  The dependents of an employee who dies in a work-related death are

automatically qualified for the continuation of medical and dental benefits through the employer's medical and dental benefit coverage for twelve months from the end of the month in which the work-related death occurred, so long as the dependents had medical or dental benefits through the employer at the time of the employee's work-related death. The medical or dental benefits allowed to dependents pursuant to this section shall be the same coverage that the dependents were enrolled in at the time of the employee's work-related death.

(5)  The board shall pay the cost of providing medical or dental benefits on

behalf of the employee's dependents for the twelve-month period pursuant to subsection (4) of this section from the fund. The board shall make arrangements with the employer to pay such costs.

(6) (a)  The law enforcement officers' and firefighters' continuation of

benefits fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to subsection (6.5) of this section and any other money that the general assembly may appropriate or transfer to the fund.

(b)  The state treasurer shall credit all interest and income derived from the

deposit and investment of money in the fund to the fund.

(c)  The state treasurer shall credit any unexpended and unencumbered

money remaining in the fund at the end of a fiscal year to the fund.

(d)  Subject to annual appropriation by the general assembly, the board may

expend money from the fund to pay the cost of providing medical or dental benefits on behalf of an employee's dependents when the employee died in a work-related death. The board shall make arrangements with the employer to pay such costs.

(6.5)  On July 1, 2023, and on July 1 each year thereafter through July 1, 2025,

the state treasurer shall transfer one hundred fifty thousand dollars from the general fund to the fund.

(7)  At any time, if an employee dies from a work-related death and the

money in the fund is insufficient to cover the costs of the continuation of benefits for the dependents of the employee, the state treasurer shall advance sufficient money from the state treasury to the fund to cover such costs. Any money advanced to the fund shall be repaid by the board on a schedule to be set by the board.

(8)  The board may develop rules, policies, or procedures to implement this

section. Such rules, policies, or procedures may include:

(a) and (b)  Repealed.


(c)  The manner in which an employer notifies the board that an employee

died in a work-related death and has dependents who are eligible for a continuation of benefits pursuant to this section;

(d)  Procedures for the payment of continuation of benefits after an

employee dies in a work-related death; and

(e)  Rules, policies, or procedures to address any other issue deemed

necessary and appropriate by the board.

Source: L. 2018: Entire section added, (SB 18-247), ch. 338, p. 2023, � 1,

effective May 30. L. 2023: (1)(c), (3), (6)(a), IP(8), and (8)(e) amended, (6.5) added, and (8)(a) and (8)(b) repealed, (HB 23-1305), ch. 304, p. 1862, � 1, effective June 1.

C.R.S. § 24-54-101

24-54-101. Authorization to establish and maintain retirement plan or system. (1) Any county, municipality, or other political subdivision by itself or in conjunction with any other county, municipality, or political subdivision is hereby authorized to establish and maintain a general plan or system of retirement benefits for its elected or appointed officers and its employees, or any class thereof, subject to appropriations being available therefor.

(2)  (Deleted by amendment, L. 2005, p. 358, � 1, effective April 22, 2005.)


(2.5)  Any pension plan or system of retirement benefits established by a

county or counties may include participating county departments of health and human or social services, library districts organized or existing pursuant to part 1 of article 90 of this title 24 located in whole or in part within those counties, and the district attorneys' offices serving those counties.

(2.7)  Repealed.


(3)  Any municipality, special district, fire authority, or county improvement

district offering fire protection services that is not required to affiliate with the police officers' and firefighters' pension plans established pursuant to the provisions of title 31, C.R.S., may affiliate with a retirement plan or system established pursuant to this article.

(4)  No member of the governing board of the plan shall act upon his own

application for retirement.

(5)  Any county, municipality, political subdivision, or other participating

entity not participating in the social security system pursuant to the provisions of article 53 of this title shall also have the authority to establish a retirement plan or system extending benefits to its employees in lieu of those benefits provided by the social security act, as defined in section 24-53-101.

(6)  The board of any retirement plan or system established in accordance

with this section may allow its employees to participate as members of such plan or system.

(7)  Notwithstanding the provisions of this section, any entity that is not a

county, municipality, or political subdivision as defined in this section but that was included in a retirement plan or system established pursuant to this article before April 22, 2005, shall be allowed to remain in the plan or system.

Source: L. 87: Entire article added, p. 1086, � 2, effective July 1. L. 97: (2.5)

and (6) added and (5) amended, p. 156, � 4, effective March 28; (3) amended, p. 1020, � 37, effective August 6. L. 2005: (1), (2), (3), (5), and (6) amended and (2.7) and (7) added, p. 358, � 1, effective April 22. L. 2012: (2.7) amended, (SB 12-149), ch. 227, p. 1002, � 1, effective May 29. L. 2018: (2.5) amended, (SB 18-092), ch. 38, p. 441, � 98, effective August 8. L. 2019: IP(2.7) amended and (2.7)(a.5) and (2.7)(d.5) added, (SB 19-106), ch. 143, p. 1749, � 1, effective August 2. L. 2025: (2.7) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: Subsection (2.7) was relocated to � 24-54-100.3 in 2025.


Cross references: For the legislative declaration in SB 18-092, see section 1

of chapter 38, Session Laws of Colorado 2018.

C.R.S. § 24-60-2208

24-60-2208. State surcharge. (1) In addition to the fees authorized by section 25-11-103, C.R.S., the following surcharges shall be imposed on each licensed facility:

(a)  The licensee shall be required to pay an annual fee to the county or

municipality in which the facility is located, unless waived by the county or municipality. The amount of the fee shall be established by mutual agreement of the county or municipality and the licensee and may include, but not be limited to, the actual direct costs of increased burden on county or municipal services created by the facility, including the improvement and maintenance of roads and bridges, fire protection, law enforcement, monitoring by county or municipal health officials, and emergency preparation and response. The amount of the annual fee shall not exceed two percent of the annual gross revenue received by the facility and shall be reduced by the amount paid by the facility as a payment in lieu of taxes to county government pursuant to section 25-11-103 (7)(c), C.R.S. No licensee shall commence operations at a facility until the agreement for the annual fee is executed by the county or municipality and the licensee or such fee is waived by the county or municipality. In the event that the licensee fails to comply with the terms of the executed agreement, the board of county commissioners or the governing body of the municipality may petition the department to suspend the facility's license in the manner provided in article 4 of this title until the agreement has been fully complied with.

(b)  Each licensee shall pay an additional surcharge of one percent of gross

revenue received by the facility. The surcharge shall be paid quarterly, as accrued, to the department, which shall credit all such receipts in the general fund of the state.

Source: L. 82: Entire part added, p. 405, � 1, effective July 1.

C.R.S. § 24-60-3301

24-60-3301. Execution of compact. The governor may enter into a compact on behalf of the state with any other state or states legally joining therein in the form substantially as follows:

ARTICLE I

The purpose of this compact is to promote effective prevention and control

of forest fires in the great plains region of the United States by the maintenance of adequate forest fire fighting services by the member states, and by providing for reciprocal aid in fighting forest fires among the compacting states of the region, including South Dakota, North Dakota, Wyoming, Colorado, and any adjoining state of a current member state.

ARTICLE II

This compact is operative immediately as to those states ratifying it if any

two or more of the member states have ratified it.

ARTICLE III

In each state, the state forester or officer holding the equivalent position who

is responsible for forest fire control may act as compact administrator for that state, consult with like officials of the other member states, and implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. Each member state may formulate and put in effect a forest fire plan for that state.

ARTICLE IV

If the state forest fire control agency of a member state requests aid from

the state forest fire control agency of any other member state in combating, controlling, or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with the maintenance of protection at home.

ARTICLE V

(1)  If the forces of any member state are rendering outside aid pursuant to

the request of another member state under this compact, the employees of the state shall, under the direction of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges, and immunities as comparable employees of the state to which they are rendering aid.

(2)  No member state or its officers or employees rendering outside aid

pursuant to this compact is liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with rendering the outside aid.

(3)  All liability, except as otherwise provided in this compact, that may arise

either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

(4)  Any member state rendering outside aid pursuant to this compact shall

be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of, any equipment used in answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with the request. However, nothing in this compact prevents any assisting member state from assuming the loss, damage, expense, or other cost, from loaning the equipment, or from donating the services to the receiving member state without charge or cost.

(5)  Each member state shall assure that workers compensation benefits in

conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact.

(6)  For the purposes of this compact, the term employee includes any

volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws of the aiding state.

(7)  The compact administrators may formulate procedures for claims and

reimbursement under the provisions of this article in accordance with the laws of the member states.

ARTICLE VI

(1)  Ratification of this compact does not affect any existing statute so as to

authorize or permit curtailment or diminution of the forest fighting forces, equipment, services, or facilities of any member state.

(2)  Nothing in the compact authorizes or permits any member state to curtail

or diminish its forest fire fighting forces, equipment, services, or facilities. Each member state shall maintain adequate forest fire fighting forces and equipment to meet demands for forest fire protection within its borders in the same manner and to the same extent as if this compact were not operative.

(3)  Nothing in this compact limits or restricts the powers of any state

ratifying the compact to provide for the prevention, control, and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules, or regulations intended to aid in the prevention, control, and extinguishment in the state.

(4)  Nothing in this compact affects any existing or future cooperative

relationship or arrangement between the United States forest service and a member state or states.

ARTICLE VII

Representatives of the United States forest service may attend meetings of

the compact administrators.

ARTICLE VIII

The provisions of articles IV and V of this compact that relate to reciprocal

aid in combating, controlling, or preventing forest fires are operative as between any state party to this compact and any other state which is party to this compact and any other state that is party to a regional forest fire protection compact in another region if the legislature of the other state has given its assent to the mutual aid provisions of this compact.

ARTICLE IX

This compact shall continue in force and remain binding on each state

ratifying it until the legislature or the governor of the state takes action to withdraw from the compact. Such action is not effective until six months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.

Source: L. 2006: Entire part added, p. 981, � 2, effective May 18.

PART 34

INTERSTATE COMPACT ON EDUCATIONAL

OPPORTUNITY FOR MILITARY CHILDREN

C.R.S. § 24-92-115

24-92-115. Apprenticeship utilization requirements - mechanical, electrical, and plumbing contracts - public projects - definition. (1) (a) [Editor's note: This version of the introductory portion to subsection (1)(a) is effective until July 1, 2027.] Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public works project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:

(1) (a)  [Editor's note: This version of the introductory portion to subsection

(1)(a) is effective July 1, 2027.] Unless prohibited by applicable federal law, and except as otherwise provided in subsection (1)(b) of this section, the contract for any public project that does not receive federal money, including a public project that will have an integrated project delivery contract pursuant to article 93 of this title 24, in the amount of one million dollars or more shall require the general contractor or other firm to which the contract is awarded to submit, at the time the mechanical, electrical, or plumbing subcontractor is put under contract, documentation to the agency of government that:

(I)  Identifies the contractors or subcontractors that will be used for all

mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, and plumbing work required on the project;

(II)  Certifies that all firms identified participate in apprenticeship programs

registered with the United States department of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and have a proven record of graduating apprentices as follows:

(A)  Beginning July 1, 2021, through June 30, 2026, a minimum of fifteen

percent of its apprentices for at least three of the past five years;

(B)  Beginning July 1, 2026, through June 30, 2031, a minimum of twenty

percent of apprentices for at least three of the past five years; and

(C)  Beginning July 1, 2031, and each year thereafter, a minimum of thirty

percent of apprentices for at least three of the past five years; and

(III)  Supplies supporting documentation from the United States department

of labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor verifying the information provided in the certification specified in subsection (1)(a)(II) of this section.

(b)  The provisions of this section do not apply to the department of

transportation, regardless of the amount or funding source of the public project. The provisions of this section also do not apply to any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.

(c)  For the purposes of subsection (1)(a)(II) of this section, graduating

means the completion of a multi-year program, including the requisite classroom course work and on-the-job training requirements and a certificate of completion issued by the United States department of labor's office of apprenticeship or awarded pursuant to article 15.7 of title 8.

(2)  The documentation required pursuant to subsection (1) of this section

shall be made publicly available by the contracting agency of government through its website within thirty days from when it is submitted.

(3)  To ensure compliance with the requirements of subsection (1) of this

section, the general contractor or other firm to which the contract is awarded shall agree to provide additional documentation to the contracting agency regarding affected apprenticeship training programs relating to the requirements of this section. If a contracting agency of government determines that a mechanical, electrical, or plumbing subcontractor has willfully falsified documentation or willfully misrepresented their qualifications required to comply with this section in the contract, the agency of government shall direct the contractor to terminate the subcontractor contract immediately and the subcontractor will be immediately removed from the public project. At the discretion of the director of the department of personnel, the state may initiate the process to debar the contractor pursuant to section 24-109-105, and may pursue any other remedy provided by law.

(4)  Upon evaluation of the submitted bids, the contracting agency of

government may waive the requirements of this section for a public project if the agency of government determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. Each agency of government that has contracts for public projects subject to the requirements of this section shall make public all waivers and the specific rationale for granting the waiver. The agency of government shall post notice of the waiver and a justification for the waiver on its website.

(5)  Nothing in this section shall be construed to supersede the requirements

for licensed plumbers, licensed electricians, or apprentices registered with the state pursuant to title 12, including sections 12-115-109, 12-115-115, 12-155-108, and 12-155-124.

(6) (a)  To promote and facilitate the development of new apprenticeship

programs, an apprenticeship program that does not satisfy the requirements of subsection (1)(a) of this section may petition the department of labor and employment for conditional approval for the purposes of this section. To be allowed conditional approval, an apprenticeship program must demonstrate the following:

(I)  The program has been registered with the United States department of

labor's office of apprenticeship or a state apprenticeship agency recognized by the United States department of labor and has been providing training for at least six months; and

(II)  The program is performing bona fide apprenticeship training as

evidenced by information showing that it has the requisite facilities, personnel, and other resources needed to provide such training; and

(b) (I)  If conditional approval is granted, the program will remain eligible for

future covered projects, subject to annual reviews by the department of labor and employment for five years after conditional approval is granted or until it can satisfy the requirements of subsection (1)(a) of this section and can show a three-year graduation track record.

(II)  To maintain conditional approval pursuant to this subsection (6), the

apprenticeship program must demonstrate to the department of labor and employment that it has registered new apprentices into its program for every year it has been in operation and that it has advanced, at a minimum, ten percent of its apprentices in each year of operation. The department shall rescind a conditional approval for any program that fails to maintain these standards.

(7) (a)  For an energy sector public works project, as defined in section 24-92-303 (5), the general contractor or other firm to which the contract is awarded shall:


(I)  Identify, at the time they are put under contract, all contractors or

subcontractors required for the project, other than those used for all mechanical, sheet metal, fire suppression, sprinkler fitting, electrical, plumbing work, and construction craft labor; and

(II)  Certify that all contractors or subcontractors identified participate in

apprenticeship training programs registered with the United States department of labor's employment and training administration or state apprenticeship agencies recognized by the United States department of labor's employment and training administration and have a proven record of graduating apprentices for at least three of the past five years.

(b)  Subsections (1)(a) to (1)(c) of this section apply to mechanical, electrical,

and plumbing contractors and subcontractors subject to this subsection (7).

(c)  Contractors and subcontractors that are subject to the requirements of

this subsection (7) and that provide construction craft labor must certify that all firms identified participate in apprenticeship training programs that are registered with the United States department of labor's employment and training administration or a state apprenticeship agency recognized by the United States department of labor's employment and training administration and that:

(I)  Satisfy the graduation requirements of subsections (1)(a)(II)(A) to

(1)(a)(II)(C) of this section at the time the contract or subcontract was executed; and

(II)  Provide documentation required in subsection (1)(a)(III) of this section.


(d)  Upon evaluation of the submitted bids, a public utility, independent power

producer, or cooperative electric association may waive the requirements of this section if it determines that there is substantial evidence that there are no responsive eligible contractors or subcontractors for any trades available to fulfill the apprenticeship requirements for one or more of the trades subject to this section. Any party exercising a waiver pursuant to this subsection (7)(d) shall disclose the waiver on a publicly accessible website, including the contractor or subcontractor to which the waiver applies and the specific rationale for the waiver.

(e)  In the event of an extreme weather event, a wildfire, or an emergency

declared by the state of Colorado or the federal government, a public utility or cooperative electric association may waive the requirements of this subsection (7) when performing repair work to restore electric service to customers or association members when it can reasonably demonstrate that:

(I)  The capacity needed to restore power exceeds the public utility's or

cooperative electric association's available capacity for emergency repairs through its employees, standby contractor capacity, or applicable mutual aid agreements; and

(II)  A good faith effort to identify contractors and subcontractors that can

comply with this subsection (7) was made and no eligible contractors or subcontractors were available for the time frame for which the emergency capacity was needed.

Source: L. 2019: Entire section added, (SB 19-196), ch. 316, p. 2946, � 1,

effective August 2. L. 2021: (1)(c) amended, (HB 21-1007), ch. 309, p. 1892, � 9, effective July 1. L. 2022: (5) amended, (SB 22-212), ch. 421, p. 2989, � 102, effective August 10. L. 2023: IP(1)(a)(II), (1)(a)(III), IP(6)(a), and (6)(a)(I) amended, (SB 23-051), ch. 37, p. 148, � 28, effective March 23; (7) added, (SB 23-292), ch. 247, p. 1359, � 3, effective January 1, 2024. L. 2024: (5) amended, (HB 24-1450), ch. 490, p. 3418, � 54, effective August 7. L. 2025: IP(1)(a) amended, (HB 25-1130), ch. 393, p. 2217, � 2, effective July 1, 2027.

C.R.S. § 25-15-204

25-15-204. Certificate. (1) The certificate of designation shall identify the general types of waste which may be accepted or which shall be rejected.

(2)  The certificate of designation shall be displayed in a prominent place at

the hazardous waste disposal site.

(3)  Repealed.


(4)  The certificate of designation may provide such conditions as may

reasonably be necessary for the safe operation of such site including but not limited to the provision by the site owner or operator of additional fire protection, security, or trained personnel for monitoring, inspections, and incident responses.

(5)  Repealed.


(6)  A certificate of designation issued pursuant to this part 2 shall be

deemed to satisfy any requirement imposed by part 1 of article 20 of title 30, C.R.S., for a certificate of designation as a solid wastes disposal site and facility.

Source: L. 81: Entire article R&RE, p. 1348, � 1, effective July 1. L. 83: (1)

amended and (3) and (5) repealed, pp. 1092, 1105, �� 7, 28(1), effective June 3.

C.R.S. § 25-15-214

25-15-214. Hazardous waste disposal site fund - fees. (1) Any hazardous waste disposal site which is issued a certificate of designation on or after July 1, 1981, or which receives approval for a substantial change in ownership as required in section 25-15-206 (1) on or after said date shall be required, contingent upon the issuance of a federal or state permit by the county or municipality in which it is located, to pay to the county or municipality in which it is located an annual fee for the purpose of offsetting the estimated direct costs of increased state, county, and municipal services created by the hazardous waste disposal site, including, but not limited to, the improvement and maintenance of roads and bridges, fire protection, law enforcement, monitoring by county or municipal health officials, and emergency preparation and response. The amount of the fee shall be two percent of the annual estimated gross revenue received by the hazardous waste disposal site. Out of the annual fee, the board of county commissioners or the governing body of the municipality shall provide for the reimbursement of governmental units for their estimated direct costs of increased services created by the hazardous waste disposal site. In the event that the site owner or operator fails to pay the annual fee, the board of county commissioners or the governing body of the municipality may suspend the site's certificate of designation until the annual fee has been paid.

(2)  Any county or municipality is authorized to establish a hazardous waste

disposal site fund. All fees collected pursuant to subsection (1) of this section shall be deposited to the credit of said fund and appropriated for the purposes for which collected.

Source: L. 81: Entire article R&RE, p. 1351, � 1, effective July 1. L. 83: (1)

amended, p. 1095, � 16, effective June 3.

C.R.S. § 25-15-506

25-15-506. Certificate. (1) A certificate of designation for a hazardous waste incinerator or processor site shall identify the general types of waste that shall be incinerated or processed and the types of waste that shall be rejected by such hazardous waste incinerator or processor site, subject to a more specific statement of waste to be rejected in the hazardous waste permit issued pursuant to part 3 of this article or the federal act.

(2)  Such certificate of designation shall be displayed in a prominent place at

the hazardous waste incinerator or processor site.

(3)  Such certificate of designation may provide such conditions as may

reasonably be necessary for the safe operation of such site. Such conditions may include but are not limited to the provision by the site owner or operator of additional fire protection, security, or trained personnel for monitoring, inspections, and incident responses.

(4)  A certificate of designation issued pursuant to this part 5 shall be

deemed to satisfy any requirement imposed by part 1 of article 20 of title 30, C.R.S., for a certificate of designation as a solid wastes disposal site and facility.

Source: L. 92: Entire part added, p. 1268, � 1, effective July 1. L. 2002: (1) and

(2) amended, p. 91, � 6, effective March 22.

C.R.S. § 25-15-515

25-15-515. Annual fees - commercial hazardous waste incinerator or processor funds. (1) (a) The owner or operator of any hazardous waste incinerator or processor for which a certificate of designation has been issued pursuant to this article shall be required, contingent upon the issuance of federal or state permits, to pay the governing body having jurisdiction an annual fee for the purpose of offsetting the estimated direct costs necessitated by such hazardous waste incinerator or processor. The governing body having jurisdiction shall provide the owner or operator of such hazardous waste incinerator or processor with an accounting of the basis of such fees. Such costs may include but are not limited to the improvement and maintenance of roads and bridges; fire protection; law enforcement; monitoring by county or municipal health officials pursuant to the requirements of state law, rules, and the certificate of designation; and emergency preparation and response. The amount of such fee shall be no more than the greater of two percent of the annual estimated operating cost of or the annual estimated gross revenue received for the incineration or processing of hazardous wastes by the hazardous waste incinerator or processor. The governing body having jurisdiction may provide reimbursement out of such fee moneys to other governmental units for the reasonable direct costs to such governmental units of increased services necessitated by such hazardous waste incinerator or processor.

(b)  In lieu of the annual fees imposed under paragraph (a) of this subsection

(1), the governing body may request that the owner or operator of any hazardous waste incinerator or processor site make a lump-sum payment covering the total amount of fees imposed under this section. Such lump sum payment shall not be made unless the governing body having jurisdiction and the owner or operator of a hazardous waste incinerator or processor agree to such payment.

(2)  In the event that the owner or operator of a hazardous waste incinerator

or processor site fails to pay the annual fee imposed pursuant to the provisions of subsection (1) of this section, the governing body having jurisdiction may suspend the certificate of designation for such site until such annual fee has been paid.

(3)  Any governing body having jurisdiction is authorized to establish a

hazardous waste incinerator or processor fund. All fees collected pursuant to subsection (1) of this section shall be deposited to the credit of said fund and appropriated by the governing body for the purposes for which such fees are collected.

Source: L. 92: Entire part added, p. 1271, � 1, effective July 1. L. 2002: Entire

section amended, p. 94, � 13, effective March 22. L. 2004: (1)(b) amended, p. 1202, � 67, effective August 4.

PART 6

PERFLUOROALKYL AND

POLYFLUOROALKYL CHEMICALS

C.R.S. § 25-5-1302

25-5-1302. Definitions. As used in this part 13, unless the context otherwise requires:

(1)  Chemical plant means a large integrated plant or that portion of such a

plant, other than either a plant in which flammable liquids are produced on a commercial scale from crude petroleum, natural gasoline, or other hydrocarbon sources or a plant or that portion of a plant where flammable liquids produced by fermentation are concentrated and where the concentrated products may also be mixed, stored, or packaged, where flammable liquids are produced by chemical reactions or used in chemical reactions.

(1.5)  Class B fire means a fire involving flammable liquids or gases,

including petroleum, paint, alcohol, solvent, oil, and tar.

(2)  Class B firefighting foam means foam designed for flammable liquid

fires.

(3)  Department means the department of public health and environment.


(3.3)  Eligible entity means an entity identified by the department as an

entity that may qualify for the grant program.

(3.5)  Eligible material means a material containing perfluoroalkyl and

polyfluoroalkyl substances that is identified by the department as eligible for purchase under the take-back program.

(3.6)  Executive director means the executive director of the department or

the executive director's designee.

(3.7)  Fees means the fees imposed by section 8-20-206.5 (6).


(4)  Fire department means the duly authorized fire protection organization

of a town, city, county, or city and county, a fire protection district, a metropolitan district or county improvement district that provides fire protection, or a volunteer fire department organized under section 24-33.5-1208.5.

(5)  Firefighting personal protective equipment means any clothing,

including jackets, pants, shoes, gloves, helmets, and respiratory equipment, designed, intended, or marketed to be worn by firefighting personnel in the performance of their duties.

(5.5)  Fund means the perfluoroalkyl and polyfluoroalkyl substances cash

fund created in section 8-20-206.5 (7).

(5.7)  Grant program means the perfluoroalkyl and polyfluoroalkyl

substances grant program created in section 25-5-1310.

(5.8)  Intentionally added PFAS chemicals has the meaning set forth in

section 25-15-603 (12).

(6)  Manufacturer means a person or entity that manufactures firefighting

agents or firefighting equipment and any agents of that person or entity, including an importer, a distributor, an authorized servicer, a factory branch, and a distributor branch.

(7)  Perfluoroalkyl and polyfluoroalkyl substances or PFAS chemicals

means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

(7.5)  Release means any spilling, leaking, pumping, pouring, emptying,

discharging, injecting, escaping, leaching, dumping, or disposing of a chemical into the environment.

(8)  Take-back program means the program created in section 25-5-1311

that allows the department to purchase and dispose of materials that contain perfluoroalkyl and polyfluoroalkyl substances.

(9)  Terminal means a facility that engages in the wholesale distribution of

crude petroleum and petroleum products, including liquified petroleum gas from bulk liquid storage facilities.

(10)  Water quality spills hotline means the phone system created and

maintained by the department for the reporting of spills or discharges into state waters to the department.

Source: L. 2019: Entire part added, (HB 19-1279), ch. 427, p. 3725, � 3,

effective August 2. L. 2020: (3.3), (3.5), (3.7), (5.5), (5.7), and (8) added, (SB 20-218), ch. 141, p. 615, � 2, effective June 29. L. 2022: (1.5), (3.6), (5.8), (7.5), (9), and (10) added, (HB 22-1345), ch. 338, p. 2433, � 3, effective June 3.

C.R.S. § 25-7-123

25-7-123. Open burning - penalties. (1) (a) The commission shall adopt a program to control open burning in each portion of the state in which such control is necessary in order to carry out the policies of this article, as set forth in section 25-7-102, and to comply with the requirements of the federal act. Such program shall include emission control regulations and the designation, after public hearing and from time to time, of such portions by legal description.

(b)  Open burning in the course of agricultural operations may be regulated

only where the absence of regulations would substantially impede the commission in carrying out the objectives of this article. In adopting any program applicable to agricultural operations, the commission shall take into consideration the necessity of conducting open burning. For purposes of this section, agricultural operations does not include grassland, forest, or habitat management activities of significant users of prescribed fire conducted on lands the primary purpose of which is nonagricultural, unless a person asserts and the commission finds that the absence of regulation would substantially impede the objectives of this article. Such activities shall be deemed commercial purposes within the meaning of paragraph (b) of subsection (3) of this section.

(c)  No permit shall be issued by the division pursuant to paragraph (a) of

subsection (2) of this section after July 1, 2002, unless such permit is consistent with the comments and recommendations of the commission concerning the planning document, as defined in section 25-7-106 (8)(b)(II), applicable to the area to be burned; except that permit conditions may be excluded from a permit if a significant user of prescribed fire demonstrates and the state finds that such conditions are inconsistent with applicable law. The division shall report all such exclusions, within thirty days after they are granted, to the governor and to the director of the legislative council. In no event shall a permit be issued unless a planning document for the area to be burned has been submitted to the commission for review, public hearing, and comment in accordance with section 25-7-106 (8). The commission shall adopt rules to provide for exceptions from the requirements of section 25-7-106 (8) when immediate issuance of a permit is necessary to protect the public health and safety.

(2) (a)  Within such designated portions of the state, no person shall burn or

permit to be burned on any open premises owned or controlled by such person, or on any public street, alley, or other land adjacent to such premises any rubbish, wastepaper, wood, or other flammable material, unless a permit therefor has first been obtained from the division. In granting or denying the issuance of any such permit, the division shall base its action on the location and proximity of such burning to any building or other structure, the potential contribution of such burning to air pollution in the area, climatic conditions on the day of such burning, and compliance by the applicant for the permit with applicable fire protection and safety requirements of the local authority or area.

(b)  In all or any part of any portion of the state designated pursuant to

subsection (1) of this section, the prohibition contained in this subsection (2) may be suspended by the commission with respect to any particular type or category of open burning upon a finding that enforcement of the prohibition would neither significantly assist in the prevention, abatement, and control of air pollution nor significantly enhance the quality of the ambient air in such designated area.

(3) (a)  Any person who violates paragraph (a) of subsection (2) of this section

by burning or permitting any burning for noncommercial purposes without first having obtained a permit as required shall be subject to a civil penalty of up to five hundred dollars per day for each day during which such a violation occurs. For a second violation, the civil penalty shall be up to one thousand dollars per day for each day during which such a violation occurs. For a third or subsequent violation, the civil penalty shall be up to one thousand five hundred dollars per day for each day during which such a violation occurs.

(b)  Any person who violates paragraph (a) of subsection (2) of this section by

burning or permitting any burning for commercial purposes without first having obtained a permit as required shall be subject to a civil penalty of not more than ten thousand dollars per day for each day during which such a violation occurs.

Source: L. 79: Entire article R&RE, p. 1045, � 1, effective June 20. L. 92: Entire

section amended, p. 1223, � 24, effective July 1. L. 99: (1)(b) amended and (1)(c) added, p. 790, � 3, effective May 24. L. 2001: (1)(b) and (1)(c) amended, p. 1185, � 3, effective July 1. L. 2010: (3)(a) amended, (HB 10-1042), ch. 209, p. 910, � 4, effective September 1.

C.R.S. § 25-8-205.7

25-8-205.7. Control regulations for reuse of reclaimed domestic wastewater - food crops - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a)  Category 1 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

total suspended solids standards promulgated by the commission for category 1 water.

(b)  Category 2 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 2 water.

(c)  Category 3 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 3 water.

(d)  E. coli means the Escherichia coli bacteria that are found in the

environment, foods, and intestines of people and animals.

(e) (I)  Food crop means a crop produced for direct human consumption or a

tree that produces nuts or fruit intended for direct human consumption.

(II)  Food crop does not include a crop produced for animal consumption

only; except that a crop produced where lactating dairy animals forage is a food crop.

(f)  Point of compliance means a point, as identified by the person that

treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(2)  Reclaimed domestic wastewater may be used as follows:


(a)  In compliance with the category 1 standard, for:


(I)  Evaporative industrial processes;


(II)  Nonevaporative industrial processes;


(III)  Nondischarging construction and road maintenance;


(IV)  Landscape irrigation at sites with restricted access;


(V)  Zoo operations;


(VI)  Nonfood crops; and


(VII)  Silviculture;


(b)  In compliance with the category 2 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard;

(II)  Washwater applications;


(III)  Landscape irrigation at sites without restricted access;


(IV)  Commercial laundries;


(V)  Automated vehicle washing;


(VI)  Manual, nonpublic vehicle washing;


(VII)  Nonresidential fire protection; and


(VIII)  If used in accordance with subsection (4) of this section, irrigation of

food crops for commercial use;

(c)  In compliance with the category 3 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard and the category 2 standard;

(II)  Landscape irrigation at sites that are controlled by residents;


(III)  Residential fire protection; and


(IV)  If used in accordance with subsection (3) of this section, irrigation of

food crops for noncommercial use.

(3)  All reclaimed domestic wastewater systems must be compliant with and

installed in accordance with article 155 of title 12 and any rules promulgated pursuant to that article.

(4)  In addition to complying with the category 2 standard pursuant to

subsection (2)(b)(VIII) of this section or the category 3 standard pursuant to subsection (2)(c)(IV) of this section and regardless of whether the use is for food crops produced for commercial use or noncommercial use, reclaimed domestic wastewater may be used for irrigation of food crops only if the use meets the water quality standards for commercial crops set forth in the federal FDA Food Safety Modernization Act, Pub.L. 111-353, as amended. In promulgating rules for the category 2 and category 3 standards at the point of compliance for use of reclaimed domestic wastewater for irrigation of food crops, the commission shall not promulgate any rule that is more stringent than the relevant standards set forth in the federal FDA Food Safety Modernization Act, Pub.L. 111-353, as amended.

(5) (a)  On or before December 31, 2019, the commission may promulgate

rules in accordance with this section.

(b)  In promulgating rules in accordance with this section, the commission:


(I)  May create new categories of water quality standards beyond the three

categories set forth in this section; and

(II)  May recategorize any of the uses set forth in subsection (2) of this section

to a less stringent category of water quality standard.

(c)  The commission, by rule, may authorize additional uses of reclaimed

domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d)  The commission may promulgate rules more stringent than the standards

and categories set forth in subsection (2) of this section only if the commission:

(I)  Determines that the standards and categories set forth in subsection (2)

of this section are not protective of public health; and

(II)  Identifies:


(A)  A documented incident of microbial disease that the commission

determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B)  A peer-reviewed published article that identifies a potential public health

risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(6)  Following a public stakeholders process, the water quality control

division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(7)  In addition to the relief available under section 25-8-205 (6), the division

may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (5) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(8)  Use of reclaimed domestic wastewater is allowed only in accordance with

the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.

Source: L. 2018: Entire section added, (HB 18-1093), ch. 171, p. 1197, � 3,

effective August 8. L. 2019: (1)(f) amended, (HB 19-1200), ch. 78, p. 283, � 1, effective August 2; (3) amended, (HB 19-1172), ch. 136, p. 1704, � 162, effective October 1.

C.R.S. § 25-8-205.8

25-8-205.8. Control regulations for reuse of reclaimed domestic wastewater - toilet flushing - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a)  Category 1 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

total suspended solids standards promulgated by the commission for category 1 water.

(b)  Category 2 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 2 water.

(c)  Category 3 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 3 water.

(d)  E. coli means the Escherichia coli bacteria that are found in the

environment, foods, and intestines of people and animals.

(e) (I)  Food crop means a crop produced for direct human consumption or a

tree that produces nuts or fruit intended for direct human consumption.

(II)  Food crop does not include a crop produced for animal consumption

only; except that a crop produced where lactating dairy animals forage is a food crop.

(f)  Point of compliance means, except as provided in subsection (1.5) of this

section, a point, as identified by the person that treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(1.5)  With regard to reclaimed domestic wastewater used for indoor

nonpotable uses within a building where the general public can access the plumbing fixtures that are used to deliver the reclaimed domestic wastewater, the commission may promulgate rules to require a point of compliance for disinfection residual, which rules must:

(a)  Be based on a determination that the additional point of compliance

would protect public health; and

(b)  Establish a point of compliance for disinfection residual at a single

location between where reclaimed domestic wastewater is delivered to the occupied premises and before the water is distributed for use in the occupied premises.

(2)  Reclaimed domestic wastewater may be used as follows:


(a)  In compliance with the category 1 standard, for:


(I)  Evaporative industrial processes;


(II)  Nonevaporative industrial processes;


(III)  Nondischarging construction and road maintenance;


(IV)  Landscape irrigation at sites with restricted access;


(V)  Zoo operations;


(VI)  Irrigation of crops that are not food crops; and


(VII)  Silviculture;


(b)  In compliance with the category 2 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard;

(II)  Washwater applications;


(III)  Landscape irrigation at sites without restricted access;


(IV)  Commercial laundries;


(V)  Automated vehicle washing;


(VI)  Manual, nonpublic vehicle washing; and


(VII)  Nonresidential fire protection;


(c)  In compliance with the category 3 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard and the category 2 standard;

(II)  Landscape irrigation at sites that are controlled by residents;


(III)  Residential fire protection; and


(IV)  Toilet and urinal flushing in:


(A)  Multifamily residential structures, only if the toilet and urinal

installations are conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.

(B)  Nonresidential structures, only if the toilet and urinal installations are

conducted in accordance with article 155 of title 12 and rules promulgated pursuant to that article. Any toilet or urinal installation must conform to article 155 of title 12 and rules promulgated pursuant to that article.

(3) (a) (I)  On or before December 31, 2019, and except as provided in

subsection (3)(a)(II) of this section, the commission may promulgate rules in accordance with this section.

(II)  Notwithstanding subsection (3)(a)(I) of this section, the state plumbing

board shall promulgate rules governing the installation and inspection of toilet and urinal systems and structures for which reclaimed domestic wastewater is used pursuant to subsection (2)(c)(IV) of this section.

(b)  In promulgating rules in accordance with this section, the commission:


(I)  May create new categories of water quality standards beyond the three

categories set forth in this section; and

(II)  May recategorize any of the uses set forth in subsection (2) of this section

to a less stringent category of water quality standard.

(c)  The commission, by rule, may authorize additional uses of reclaimed

domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d)  The commission may promulgate rules more stringent than the standards

and categories set forth in subsection (2) of this section only if the commission:

(I)  Determines that the standards and categories set forth in subsection (2)

of this section are not protective of public health; and

(II)  Identifies:


(A)  A documented incident of microbial disease that the commission

determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B)  A peer-reviewed published article that identifies a potential public health

risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(4)  Following a public stakeholders process, the water quality control

division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(5)  In addition to the relief available under section 25-8-205 (6), the division

may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (3) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(6)  Use of reclaimed domestic wastewater is allowed only in accordance with

the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.

Source: L. 2018: Entire section added, (HB 18-1069), ch. 179, p. 1220, � 3,

effective August 8. L. 2019: (1)(f) amended and (1.5) added, (HB 19-1200), ch. 78, p. 283, � 2, effective August 2; (2)(c)(IV) amended, (HB 19-1172), ch. 136, p. 1704, � 163, effective October 1.

C.R.S. § 25-8-205.9

25-8-205.9. Control regulations for reuse of reclaimed domestic wastewater - industrial hemp - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a)  Category 1 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

total suspended solids standards promulgated by the commission for category 1 water.

(b)  Category 2 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 2 water.

(c)  Category 3 standard means a water quality standard for reclaimed

domestic wastewater:

(I)  Requiring, at a minimum, that the water has received secondary treatment

with filtration and disinfection; and

(II)  For which, at the point of compliance, the water meets the E. coli and

turbidity standards promulgated by the commission for category 3 water.

(d)  E. coli means the Escherichia coli bacteria that are found in the

environment, foods, and intestines of people and animals.

(e) (I)  Food crop means a crop produced for direct human consumption or a

tree that produces nuts or fruit intended for direct human consumption.

(II)  Food crop does not include a crop produced for animal consumption

only; except that a crop produced where lactating dairy animals forage is a food crop.

(f)  Industrial hemp has the same meaning as set forth in section 35-61-101

(7).

(g)  Point of compliance means a point, as identified by the person that

treats the water, in the reclaimed domestic wastewater treatment process or the reclaimed domestic wastewater transportation process, that occurs after all treatment has been completed but before dilution and blending of the water has occurred.

(2)  Reclaimed domestic wastewater may be used as follows:


(a)  In compliance with the category 1 standard, for:


(I)  Evaporative industrial processes;


(II)  Nonevaporative industrial processes;


(III)  Nondischarging construction and road maintenance;


(IV)  Landscape irrigation at sites with restricted access;


(V)  Zoo operations;


(VI)  When not used as a food crop, irrigation of industrial hemp or another

crop; and

(VII)  Silviculture;


(b)  In compliance with the category 2 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard;

(II)  Washwater applications;


(III)  Landscape irrigation at sites without restricted access;


(IV)  Commercial laundries;


(V)  Automated vehicle washing;


(VI)  Manual, nonpublic vehicle washing; and


(VII)  Nonresidential fire protection;


(c)  In compliance with the category 3 standard, for:


(I)  All of the uses for which reclaimed domestic wastewater may be used in

compliance with the category 1 standard and the category 2 standard;

(II)  Landscape irrigation at sites that are controlled by residents; and


(III)  Residential fire protection.


(3)  All reclaimed domestic wastewater systems must be compliant with and

installed in accordance with article 155 of title 12 and any rules promulgated pursuant to that article.

(4) (a)  On or before December 31, 2019, the commission may promulgate

rules in accordance with this section.

(b)  In promulgating rules in accordance with this section, the commission:


(I)  May create new categories of water quality standards beyond the three

categories set forth in this section; and

(II)  May recategorize any of the uses set forth in subsection (2) of this section

to a less stringent category of water quality standard.

(c)  The commission, by rule, may authorize additional uses of reclaimed

domestic wastewater for any of the categories of water quality standards set forth in subsection (2) of this section or may create a new category of water quality standard for one or more additional uses of reclaimed domestic wastewater.

(d)  The commission may promulgate rules more stringent than the standards

and categories set forth in subsection (2) of this section only if the commission:

(I)  Determines that the standards and categories set forth in subsection (2)

of this section are not protective of public health; and

(II)  Identifies:


(A)  A documented incident of microbial disease that the commission

determines has a reasonable potential to affect public health and for which the commission has identified as likely originating from reclaimed domestic wastewater; or

(B)  A peer-reviewed published article that identifies a potential public health

risk posed by the use of reclaimed domestic wastewater under the standards established in subsection (2) of this section.

(5)  Following a public stakeholders process, the water quality control

division may develop policy, guidance, or best management practices that are consistent with this section, as the division deems necessary to implement this section.

(6)  In addition to the relief available under section 25-8-205 (6), the division

may grant a user of reclaimed domestic wastewater a variance from the water quality standards set forth in subsection (2) of this section or established by rule by the commission pursuant to subsection (4) of this section if the user demonstrates to the division's satisfaction that the proposed usage of reclaimed domestic wastewater will sufficiently protect public health and the environment.

(7)  Use of reclaimed domestic wastewater is allowed only in accordance with

the terms and conditions of the decrees, contracts, and well permits applicable to the use of the source water rights or source water and any return flows therefrom.

Source: L. 2018: Entire section added, (SB 18-038), ch. 400, p. 2366, � 3,

effective August 8. L. 2019: (1)(g) amended, (HB 19-1200), ch. 78, p. 284, � 3, effective August 2; (3) amended, (HB 19-1172), ch. 136, p. 1704, � 164, effective October 1.

C.R.S. § 26-6-909

26-6-909. Standards for facilities and agencies - rules. (1) The department shall prescribe and publish standards for licensing. The standards must be applicable to child placement agencies and the various types of residential and day treatment child care facilities regulated and licensed by this part 9; except that the department shall prescribe and publish separate standards for the licensing of child placement agencies operating for the purpose of adoptive placement and adoption-related services. The department shall seek the advice and assistance of persons representative of the various types of facilities and agencies in establishing the standards, including the advice and assistance of the department of public safety and councils and associations representing fire marshals and building code officials in the promulgation of any rules related to adequate fire protection and prevention, as allowed in subsection (2)(e) of this section. The standards must be established by rules promulgated by the state board and be issued, published, and become effective only in conformity with article 4 of title 24.

(2)  Standards prescribed by state board rules pursuant to this section are

restricted to:

(a)  The operation and conduct of the facility or agency and the responsibility

it assumes for child care;

(b)  The character, suitability, and qualifications of the applicant for a license

and of other persons directly responsible for the care and welfare of children served, including whether an affiliate of the licensee has ever been the subject of a negative licensing action;

(c)  The general financial ability and competence of the applicant for a

license to provide necessary care for children and to maintain prescribed standards;

(d)  The number of individuals or staff required to ensure adequate

supervision and care of children served;

(e) (I)  The appropriateness, safety, cleanliness, and general adequacy of the

premises, including maintenance of adequate fire protection and prevention and health standards in conformance with state laws and municipal ordinances, to provide for the physical comfort, care, well-being, and safety of the children served.

(II)  A facility that provides child care exclusively to school-age children and

operates on the property of a school district, district charter school, or institute charter school may satisfy any fire or radon inspection requirement required by law by providing a copy of a satisfactory fire or radon inspection report of the property of a school district, district charter school, or institute charter school where the child care is provided if the fire or radon inspection report was completed within the preceding twelve months. The department shall not require a duplicate fire or radon inspection if a satisfactory fire or radon inspection report of the property was completed within the preceding twelve months.

(f)  Keeping of records for food, clothing, equipment, and individual supplies;


(g)  Provisions to safeguard the legal rights of children served;


(h)  Maintenance of records pertaining to the admission, progress, health, and

discharge of children;

(i)  Filing of reports with the department;


(j)  Discipline of children;


(k)  Standards for seclusion of a child in accordance with article 20 of this

title 26. Standards for seclusion must include:

(I)  The basis for the use of seclusion in accordance with section 26-20-103;


(II)  Duration and frequency of the seclusion;


(III)  Facility staff requirements;


(IV)  Criteria for the short-term placement of a child in seclusion;


(V)  Documentation and review of the seclusion;


(VI)  Review and biannual inspection by the department of the seclusion room

or area;

(VII)  Physical requirements for the seclusion room or area;


(VIII)  Certification or approval from the department prior to the

establishment of the seclusion room or area;

(IX)  A neutral fact finder to determine if the child's situation merits

seclusion;

(X)  At a minimum, a fifteen-minute checking and review by staff of a child

placed in seclusion;

(XI)  Review by staff of any seclusion subsequent to each period of seclusion;


(XII)  Daily review of the use of the seclusion rooms or areas; and


(XIII)  Revocation or suspension of licensure for failure to comply with the

standards set forth in this subsection (2)(k).

(l)  Standards for security in secure residential treatment centers and

residential child care facilities provided through the physical environment and staffing. The standards must include, but need not be limited to, the following:

(I)  Locked doors;


(II)  Fencing;


(III)  Staff requirements to ensure security;


(IV)  Inspections;


(V)  Physical requirements for program space and for secure sleeping of the

residents in the secure residential treatment center or residential child care facility; and

(VI)  Other security considerations that are necessary to protect the residents

of the secure residential treatment center or residential child care facility or the public.

(m)  Standards for the appropriateness, safety, and adequacy of

transportation services of children to and from facilities;

(n)  Except as provided in subsection (2)(o) of this section, provisions that

ensure that foster care homes and child care centers verify, in accordance with part 9 of article 4 of title 25, that each child has received appropriate immunizations against contagious diseases as follows:

(I)  Children up to twenty-four months of age are required to be immunized in

accordance with the Infant Immunization Act, part 17 of article 4 of title 25;

(II)  Children over twenty-four months of age are required to be immunized in

accordance with part 9 of article 4 of title 25;

(o)  Provisions that allow a facility that allows a child to enroll and attend the

facility on a short-term basis of up to fifteen days in a fifteen-consecutive-day period, no more than twice in a calendar year, with each fifteen-consecutive-day period separated by at least sixty days, to do so without obtaining verification of immunization for that child, as provided in section 25-4-902. A facility that chooses to allow children to enroll and attend on a short-term basis pursuant to the provisions of this subsection (2)(o) shall provide notification to all parents that the facility allows children to enroll and attend on a short-term basis without obtaining proof of immunization.

(p)  Standards for adoption agencies that may include, but need not be

limited to:

(I)  Specific criteria and minimum credentials, qualifications, training, and

education of staff necessary for each of the types of adoption for which an applicant may seek to be licensed, including, but not limited to:

(A)  Traditional adoptions with adopting parents who are unknown;


(B)  Family adoptions, including stepparent and grandparent adoptions;


(C)  Interstate adoptions;


(D)  International adoptions;


(E)  Identified or designated adoptions; and


(F)  Special needs adoptions;


(II)  The continuing education requirements necessary to maintain the

adoption agency's license, taking into account the type and specialty of such agency's license;

(III)  The operation and conduct of the agency and the responsibility it

assumes in adoption cases;

(IV)  The character, suitability, and qualifications of the applicant for a license

and for all direct service staff employed or contracted with by the agency;

(V)  The general financial ability and competence of the applicant for a

license, either original or renewal, to provide necessary services for the adoption of children and to maintain prescribed standards;

(VI)  Proper maintenance of records; and


(VII)  Provisions to safeguard the legal rights of children served;


(q) (I)  Standards for the training of foster care parents, which must include,

at a minimum:

(A)  Twenty-seven hours of initial training, consisting of at least twelve hours

of training prior to the placement of a child and completion of the remaining training within three months after such placement;

(B)  Twenty hours per year of continuing training;


(C)  In addition to the hours described in subsection (2)(q)(I)(B) of this section,

twelve hours per year for foster care parents providing therapeutic foster care;

(D)  Training concerning individualized education programs, as defined in

section 22-20-103 (15). The departments of human services and education shall ensure coordination between local county departments and local school districts or administrative units to make such training available upon the request of a foster parent.

(E)  The training described in section 19-7-104.


(II)  The training described in subsection (2)(q)(I) of this section may include,

but need not be limited to, in-home training.

(III)  The department shall consult with county departments and child

placement agencies in prescribing the training standards in order to ensure a more uniform application throughout the state.

(IV)  The hours of training prior to the placement of a child described in

subsection (2)(q)(I)(A) of this section may be completed within four months after the placement if the placement was an emergency placement, as defined by rule of the state board.

(r)  Initial and ongoing training of providers of foster care services in facilities

and agencies licensed and certified pursuant to this part 9, including orientation and prelicensing training for child placement agency staff; and

(s)  Standards for the training of providers of cradle care home services that

must be substantially similar to the training required of adoptive parents prior to adopting an infant, including ongoing training hours appropriate to the services provided.

(2.5)  Kinship foster care homes are exempt from the minimum standards set

forth in this section. Training standards for kinship foster care homes are established pursuant to section 19-7-104 (4).

(3)  If all of the requirements in section 22-1-119.5 and any additional rules of

the state board are met, a child enrolled in a residential or day treatment child care facility may possess and self-administer medication for asthma, a food allergy, or anaphylaxis. The state board may adopt additional rules concerning the authority to possess and self-administer medication for asthma, a food allergy, or anaphylaxis.

(4)  An applicant or person licensed to operate a facility or agency under the

provisions of this part 9 has the right to appeal any standard that, in the applicant's or person's opinion, creates an undue hardship or when, in the applicant's or person's opinion, a standard has been too stringently applied by representatives of the department. The department shall designate a panel of persons representing various state and local governmental agencies with an interest in and concern for children to hear the appeal and to make recommendations to the department. The membership of the appeals review panel must include, but need not be limited to, a representative from a twenty-four-hour child care facility; a representative from a licensed child placement agency; a representative with child placement experience from a county department; and a representative from at least one other state department, or from the division within the department that is responsible for child welfare, who has education and expertise in trauma-informed care and child welfare. The executive director, or the executive director's designee, shall appoint all members to the appeals review panel. Representatives to the appeals review panel serve terms of no more than three years and may serve successive terms.

(5)  The state board may promulgate rules to regulate the operation of out-of-home placement provider consortia. The regulation shall not include licensing of

out-of-home placement provider consortia.

(6)  Repealed.


(7) (a)  A county director, or the county director's designee, may approve, at

the county director's discretion, a waiver of non-safety licensing standards for kinship foster care. A waiver may be approved only if:

(I)  It concerns non-safety licensing standards, as set forth by rule of the

state board pursuant to subsection (7)(d) of this section;

(II)  The safety and well-being of the child or children receiving care is not

compromised; and

(III)  The waiver request is in writing.


(b)  A county director of human or social services, or the county director's

designee, may limit or restrict certification issued to a kinship foster care home or require the kinship foster care home to enter into a compliance agreement to ensure the safety and well-being of the child or children in the kinship foster home's care.

(c)  A kinship foster care entity may not appeal a denial of a waiver requested

pursuant to subsection (7)(a) of this section.

(d)  The state board shall promulgate rules concerning the waiver of non-safety licensing standards for kinship foster care. The rules must include, but need

not be limited to, a listing of non-safety licensing standards that may not be waived and circumstances in which waivers do not apply. The state board shall also define by rule the meaning of kinship foster care for the purposes of this subsection (7).

(8)  The executive director has the power to direct the administration or

monitoring of medications to persons in facilities pursuant to section 25-1.5-301 (2)(e).

(9)  To ensure compliance with state and federal laws and regulations related

to secure facilities, the state board shall adopt rules for admission to a state-owned psychiatric residential treatment facility. The rules must comply with rules adopted by the state department and rules adopted by the department of health care policy and financing and the department of public health and environment, as those rules relate to the operation.

Source: L. 2022: Entire part added, (HB 22-1295), ch. 123, p. 800, � 17,

effective July 1. L. 2024: (6) repealed, (SB 24-191), ch. 221, p. 1386, � 6, effective August 7; (2.5) added and (7)(b) amended (SB 24-008), ch. 289, p. 1938, � 11, effective September 1. L. 2025: (9) added, (HB 25-1172), ch. 155, p. 628, � 5, effective August 6.

C.R.S. § 29-1-202

29-1-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Government means any political subdivision of the state, any agency or

department of the state government or of the United States, a federally recognized tribal entity, and any political subdivision of an adjoining state.

(2)  Political subdivision means a county, city and county, city, town, service

authority, school district, local improvement district, law enforcement authority, city or county housing authority, or water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

Source: L. 71: R&RE, p. 955, � 1. C.R.S. 1963: � 88-2-2. L. 99: (2) amended, p.

128, � 1, effective March 24. L. 2000: (1) amended, p. 4, � 1, effective March 2.

C.R.S. § 29-1-206.5

29-1-206.5. Emergency services - agreements - immunity from liability - definitions. (1) Any county, municipality, or designated special district in this state may enter into an agreement with a county, municipality, or special district from a state bordering this state to provide emergency services. The agreement must meet the requirements of section 29-1-203.

(2)  If the governor declares an emergency and activates the Emergency

Management Assistance Compact, part 29 of article 60 of title 24, C.R.S., any provision of an agreement authorized under this section that conflicts with a provision of the compact or a procedural plan or program created in accordance with the compact is void and unenforceable.

(3) (a)  Any person from another state who is performing a function in this

state under an agreement to provide emergency services authorized in this section has the same immunity from liability as a person from the county, municipality, or designated special district of this state performing the same function.

(b)  Any person from this state who is performing a function in another state

under an agreement to provide emergency services authorized in this section has the same immunity from liability in the other state that he or she would have when performing the same function in this state.

(4)  As used in this section, designated special district means a fire

protection district, fire protection authority, ambulance district, or health service district.

Source: L. 2016: Entire section added, (SB 16-063), ch. 51, p. 119, � 1, effective

August 10.

C.R.S. § 29-1-802

29-1-802. Definitions. As used in this part 8, unless the context otherwise requires:

(1)  Capital expenditure means any expenditure for an improvement, facility,

or piece of equipment necessitated by land development which is directly related to a local government service, has an estimated useful life of five years or longer, and is required by charter or general policy of a local government pursuant to resolution or ordinance.

(2)  Land development means any of the following:


(a)  The subdivision of land;


(b)  Construction, reconstruction, redevelopment, or conversion of use of land

or any structural alteration, relocation, or enlargement which results in an increase in the number of service units required; or

(c)  An extension of use or a new use of land which results in an increase in

the number of service units required.

(3)  Land development charge means any fee, charge, or assessment

relating to a capital expenditure which is imposed on land development as a condition of approval of such land development, as a prerequisite to obtaining a permit or service. Nothing in this section shall be construed to include sales and use taxes, building or plan review fees, building permit fees, consulting or other professional review charges, or any other regulatory or administrative fee, charge, or assessment.

(4)  Local government means a county, city and county, municipality,

service authority, school district, local improvement district, law enforcement district, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, any other kind of municipal, quasi-municipal, or public corporation, or any agency or instrumentality thereof organized pursuant to law.

(5)  Service unit means a standard unit of measure of consumption, use,

generation, or discharge of the services provided by a local government.

Source: L. 90: Entire part added, p. 1438, � 1, effective January 1, 1991.

C.R.S. § 29-1-901

29-1-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Local government-financed entity means any organization, group, or

entity other than a political subdivision that:

(a)  Is composed of members that are political subdivisions or who are

officials or employees of political subdivisions; and

(b)  Derives any of its annual operating budget from dues, contributions, or

other payments received from political subdivisions.

(2)  Political subdivision means a county, city and county, city, town, service

authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

Source: L. 96: Entire part added, p. 140, � 1, effective April 8.

C.R.S. § 29-20-103

29-20-103. Definitions. As used in this article, unless the context otherwise requires:

(1)  Development permit means any preliminary or final approval of an

application for rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction; except that, solely for purposes of part 3 of this article:

(a)  Each application included in the definition of development permit

constitutes a stage in the development permit approval process; and

(b)  Development permit is limited to an application regarding a specific

project that includes new water use in an amount more than that used by fifty single-family equivalents, or fewer as determined by the local government.

(1.3)  Fire and emergency services provider means a fire protection district

organized under article 1 of title 32, C.R.S., or a fire authority established pursuant to section 29-1-203.5.

(1.5)  Local government means a county, home rule or statutory city, town,

territorial charter city, or city and county.

(2)  Power authority means an authority created pursuant to section 29-1-204.


Source: L. 74: Entire article added, p. 353, � 1, effective May 17. L. 2001: (2)

added, p. 597, � 3, effective May 30. L. 2001, 2nd Ex. Sess.: (1) amended and (1.5) added, p. 27, � 2, effective November 6. L. 2008: (1) amended, p. 1559, � 1, effective May 29. L. 2013: (1) amended, (SB 13-258), ch. 255, p. 1348, � 2, effective May 23. L. 2016: (1.3) added, (HB 16-1088), ch. 259, p. 1059, � 2, effective June 8.

Cross references: For the short title (Public Safety Fairness Act) in HB 16-1088, see section 1 of chapter 259, Session Laws of Colorado 2016.

C.R.S. § 29-22-104

29-22-104. Right to claim reimbursement - rules. (1) (a) A public entity, political subdivision of the state, unit of local government, or private entity is hereby given the right to claim reimbursement from the person or persons who have care, custody, and control of the hazardous substance involved at the time of the incident for the reasonable, necessary, and documented costs resulting from action taken to remove, contain, or otherwise mitigate the effects of the incident. A private entity that is neither a responsible party nor otherwise compensated may claim its costs only when it provided services under an agreement with the designated emergency response authority or fire department pursuant to section 29-22-102 or 29-22-103 that provides that the private entity will not be paid by the designated emergency response authority or fire department. A private entity may assist a fire department or designated emergency response authority in pursuing such a claim under subsection (3) of this section; however, the fire department or designated emergency response authority must approve the claim. When the action to remove, contain, or otherwise mitigate the effects of such an incident also involves extinguishing a fire, the costs may only include the extraordinary expenses related to the hazardous substance and not any expense related to extinguishing the fire. If the property on which the hazardous substance incident occurred lies within an unincorporated area of a county and not otherwise within a fire protection district, then the costs may include any expense related to the hazardous substance incident or to extinguishing the fire. If any such person is the owner of property upon which the hazardous substance incident occurs, collection of such costs may be made pursuant to section 30-10-513.5 (1), C.R.S.

(b)  Response costs recoverable under this section include the value of

reasonable emergency response services provided by a private entity under an agreement for assistance with a fire department or the designated emergency response authority regardless of whether the private entity has been paid by the fire department or designated emergency response authority.

(2)  Nothing contained in this section shall be construed to change or impair

any right of recovery or subrogation arising under any other provision of law.

(3) (a)  The governing body of the emergency response authority designated

in section 29-22-102 (3), or when the emergency response authority is the Colorado state patrol, the attorney general, shall be responsible for collecting any claims for reimbursement made pursuant to this section when more than one public entity, political subdivision of the state, or unit of local government has assisted in said removal, containment, or mitigation. Such responsibility shall include, when necessary, the filing of a civil action against the person responsible for the abandonment or spill. Any such agency which rendered assistance may also join any civil action as a party plaintiff or may assign any rights to the appropriate emergency response authority.

(b)  Any collections or recovery made by the emergency response authority

shall be distributed on a pro rata basis among the agencies and private entities that rendered assistance.

(c)  The emergency response authority is entitled to recover its reasonable

costs in collecting any reimbursement, including any attorney fees. If such costs are not included in a judgment rendered in a civil action, they shall be deducted from any recovery prior to the distribution provided for in paragraph (b) of this subsection (3).

(d)  All moneys collected or recovered pursuant to the provisions of this

section on behalf of the Colorado state patrol, except for moneys distributed to assisting agencies pursuant to paragraph (b) of this subsection (3) or to pay legal fees or costs pursuant to paragraph (c) of this subsection (3), shall be transmitted to the state treasurer who shall credit the same to the highway users tax fund established in section 43-4-201, C.R.S.

(4)  The provisions of this section shall apply to any claim for reimbursement

for costs related to a hazardous substance which is authorized by other provisions of law.

(5)  Repealed.


(6) (a)  The executive director of the department of public safety shall adopt

rules in accordance with article 4 of title 24, C.R.S., to create a process by which a public entity, political subdivision of the state, or unit of local government claiming reimbursement pursuant to this section shall establish that the costs attributed to a hazardous substance incident are reasonable, necessary, and documented. Such rules shall provide for consideration of all appropriate cost factors including but not limited to acquisition and operation expenses for equipment, salaries and benefits, the cost of expendable supplies, the cost differences between rural and urban areas, and the cost differences between responding entities that utilize paid staff and entities that use volunteers.

(b)  The executive director of the department of public safety shall create a

list of qualified and knowledgeable persons who are willing to perform the role of voluntary ombudsman, mediator, or arbitrator to resolve disputes regarding claims for reimbursement made pursuant to this section and shall adopt rules in accordance with article 4 of title 24, C.R.S., to establish the process by which the parties involved in such a dispute may access and arrange for the assistance of persons on the list. Persons on the list shall not receive compensation for their services from the state and shall not be state employees. Persons on the list shall not be subject to civil liability for any actions taken in good faith pursuant to this paragraph (b) or any rule adopted by the executive director of the department of public safety in accordance with this section.

Source: L. 83: R&RE, p. 1218, � 1, July 1. L. 89: (1) amended, p. 1280, � 2,

effective April 26. L. 99: (3)(d) added, p. 493, � 1, effective April 30; (5) added, p. 435, � 3, effective April 30. L. 2000: (1) amended and (6) added, p. 991, � 1, effective May 26. L. 2001: (5)(c) repealed, p. 1179, � 15, effective August 8. L. 2012: (5) repealed, (HB 12-1283), ch. 240, p. 1136, � 53, effective July 1. L. 2016: (1) and (3)(b) amended, (HB 16-1046), ch. 60, p. 158, � 3, effective March 31.

Editor's note: This section is similar to former � 29-22-104 as it existed prior

to 1983.

Cross references: For the legislative declaration in the 2012 act repealing

subsection (5), see section 1 of chapter 240, Session Laws of Colorado 2012.

C.R.S. § 29-22-110

29-22-110. Colorado state patrol to provide information. The Colorado state patrol shall compile and maintain information on the emergency response capabilities of public and private agencies throughout the state to enable the state patrol to answer any inquiry concerning the nearest agencies or entities available to contribute equipment and personnel to aid in the emergency response to any hazardous substance incident. The state patrol shall also compile and maintain information regarding which local, state, or federal agencies or entities should be notified of any hazardous substance incident. The state patrol shall establish, maintain, and publicize a telephone service to make such information available to the public twenty-four hours each day and shall notify each emergency response authority designated in or pursuant to section 29-22-102 as responsible for the emergency response to a hazardous substance incident of such service. With respect to the powers and duties specified in this section, the state patrol shall have no rule-making authority and shall avail itself of all available private resources. The state patrol shall coordinate its activities pursuant to this section with the department of public health and environment and the department of local affairs.

Source: L. 99: Entire section added, p. 437, � 6, effective April 30.

WILDLAND FIRE PLANNING

ARTICLE 22.5

Wildland Fire Planning

29-22.5-101.  Legislative declaration. (1)  The general assembly hereby finds,

determines, and declares that:

(a)  Wildland fires, especially fires occurring in wildland-urban interface

areas, pose a serious threat to life, property, critical infrastructure, and the environment;

(b)  A systematic, proactive approach to the management of wildland fire

incidents, regardless of cause, size, location, or complexity, is needed in order to protect life, property, critical infrastructure, and the environment;

(c)  The national incident management system provides a consistent,

nationwide template enabling federal, state, tribal, and local governments, the private sector, and nongovernmental organizations to work together to prepare for, prevent, respond to, recover from, and mitigate the effects of all incidents regardless of type, cause, size, location, or complexity, and should be the foundation for the management of wildland fire incidents;

(d)  The development of a county wildland fire plan, in cooperation among the

sheriff, the fire chiefs, and the board of county commissioners of the county and based on the resource capabilities specific to the county, will assist in clarifying the roles and responsibilities of local emergency response agencies, in the management of wildland fire incidents and, for these reasons, the development of such a plan is encouraged;

(e)  Many of the elements of a county wildland fire plan may already exist in

community wildfire protection plans, other county fire plans, county all-hazards preparedness plans, or annual operating plans, and these elements should be brought together, in cooperation between the sheriff and the fire chiefs of the county, into a county wildland fire plan; and

(f)  The provisions of this article are intended to clarify and identify specific

state and local roles, responsibilities, and authorities for managing prairie, forest, or wildland fire incidents that range from the small scale local to large scale multi-jurisdictional or catastrophic fires in order to protect life, property, critical infrastructure, and the environment.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 824, � 1,

effective April 30.

29-22.5-102.  Definitions. As used in this article 22.5, unless the context

otherwise requires:

(1)  Director means the director of the division of fire prevention and control.


(1.3)  Division means the division of fire prevention and control in the

department of public safety created in section 24-33.5-1201, C.R.S.

(1.5)  Fire department has the same meaning as set forth in section 24-33.5-1202 (3.9).


(1.7)  Forest service means the Colorado state forest service identified in

section 23-31-302, C.R.S.

(2)  Incident commander means the individual responsible for the overall

management of the incident including developing incident objectives and managing all incident operations, by virtue of explicit legal, agency, or delegated authority.

(3)  Incident command system means a standardized, on-scene, all-hazard

incident management concept that is an integral part of the national incident management system.

(4)  Local incident management team means a single or multi-agency team

of capable individuals formed and managed at the local or county level and created or activated when necessary to provide the command and control infrastructure required to manage a major or complex incident requiring a significant number of local and mutual aid resources.

(5)  Mutual aid agreement means a written agreement between or among

federal, state, and local agencies in which the agencies agree to assist one another upon request by furnishing such resources as personnel and equipment.

(6)  National incident management system or NIMS means the national

command and management system developed by the U.S. department of homeland security. NIMS provides a unified approach to incident management; standard command and management structures; and emphasis on preparedness, mutual aid, and resource management.

(7)  Prescribed fire means any fire ignited by federal, state, or local forest

or land managers or private property owners to meet specific fire protection or mitigation objectives.

(8)  Unified command means the incident commanders representing

agencies or jurisdictions that share responsibility for the incident manage the response from a single incident command post, allowing agencies with different legal, geographic, and functional authorities and responsibilities to work together effectively without affecting individual agency authority, responsibility, or accountability.

(9)  Wildland area means an area in which development is essentially

nonexistent, except for roads, railroads, power lines, and similar infrastructure, and in which structures, if present, are widely scattered.

(10)  Wildland fire means an unplanned or unwanted fire in a wildland area,

including unauthorized human-caused fires, out-of-control prescribed fires, and all other fires in wildland areas where the objective is to extinguish the fire.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 825, � 1,

effective April 30. L. 2010: (2) and (3) amended, (HB 10-1422), ch. 419, p. 2118, � 161, effective August 11. L. 2013: (1) amended and (1.3) and (1.7) added, (HB 13-1300), ch. 316, p. 1693, � 93, effective August 7. L. 2017: IP and (1) amended, (SB 17-294), ch. 264, p. 1413, � 104, effective May 25. L. 2024: (1.5) added, (HB 24-1155), ch. 48, p. 170, � 3, effective August 7.

29-22.5-103.  Wildland fires - general authority and responsibilities. (1) (a)

The chief of the fire department is responsible for the management of wildland fires that occur within the jurisdictional boundaries of the chief's department and that are within the capability of the fire department to control or extinguish in accordance with the provisions of section 32-1-1002 (3)(a).

(b)  The fire chief may utilize mutual aid agreements with neighboring fire

departments to suppress and control fires that cross or threaten to cross jurisdictional boundaries.

(c)  The fire chief may transfer any duty or responsibility the fire chief may

assume under this section to the county sheriff with the concurrence of the sheriff.

(d)  The fire chief shall not seek reimbursement from the county for expenses

incurred by the district for their own apparatus, equipment, and personnel used in containing or suppressing a wildfire occurring on private property within the boundaries of the district, except as provided in section 30-10-513 (3)(b).

(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 department or that exceed the capabilities of the fire department to control or extinguish in accordance with the provisions of section 30-10-513.

(b)  In the case of a wildfire that exceeds the capabilities of the fire

department to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint 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.

(c)  In the case of a wildfire that exceeds the capability of the county to

control or extinguish, the sheriff 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.

(3) (a)  The division is the lead state agency for wildland fire response and

suppression.

(b)  The forest service may provide land management and the division may

provide wildland fire management services to other state agencies by means of memoranda of understanding or related forms of cooperative agreements.

(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.

(d)  At the request of the sheriff, the division may assist in the development or

modification of the county wildfire preparedness plan.

(4)  Notwithstanding any other provision of law, and subject to the provisions

of any local or regional mutual aid agreements or plans for wildland fire response, the first emergency response agency to arrive at the scene of a wildland fire, regardless of whether the incident occurs within its jurisdiction, shall act as incident commander and be responsible for the initial emergency action necessary to control the wildland fire or to protect life or property until the emergency response agency that has jurisdiction over the incident site arrives.

(5)  The agency that has jurisdiction over any wildland fire in the state shall

manage the fire using the incident command system.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 826, � 1,

effective April 30. L. 2013: (2)(c) and (3) amended, (HB 13-1300), ch. 316, p. 1693, � 94, effective August 7. L. 2022: (1)(d) amended, (SB 22-002), ch. 339, p. 2442, � 5, effective June 3. L. 2024: (1)(a), (1)(b), (2), (3)(a), and (3)(c) amended and (5) added (HB 24-1155), ch. 48, p. 170, � 4, effective August 7.

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:

(a)  Identify all participants in the plan and their wildland fire roles and

responsibilities, including their jurisdictional boundaries, their fiscal and operational authority and responsibilities, a general description of their wildland fire response capabilities, and incident command structure;

(b)  Describe available emergency response resources and mutual aid and

other agreements related to the plan;

(c)  Describe the procedures for cooperation and coordination between or

among federal, state, county, and local emergency response authorities; and

(d)  Specify reimbursement and billing procedures.


(2)  It is recognized that many of the elements described in subsection (1) of

this section may already exist in community wildfire protection plans, other county fire plans, county all-hazards preparedness plans, or annual operating plans, and these elements could be integrated, in cooperation among the sheriff, the fire chiefs, and the board of county commissioners of the county, into a county wildland fire plan.

(3)  The plan developed pursuant to subsection (1) of this section shall be

agreed to by all participants in the plan to the extent practicable.

(4)  The authorization to develop a wildfire preparedness plan pursuant to

subsection (1) of this section shall not be construed to require the sheriff to provide and maintain the capability for the response. The sheriff may provide and maintain response capability as described in the plan directly or through mutual aid or other agreements.

(5)  At the request of the sheriff, the division may assist in the development

or updating of the county wildfire preparedness plan pursuant to subsection (1) of this section.

(6)  Nothing in this section shall be construed to affect the provisions of

section 30-15-401.7, C.R.S., or the community wildfire protection plan developed pursuant to such section.

Source: L. 2009: Entire article added, (SB 09-020), ch. 189, p. 827, � 1,

effective April 30. L. 2013: (5) amended, (HB 13-1300), ch. 316, p. 1694, � 95, effective August 7. L. 2024: IP(1) amended, (HB 24-1155), ch. 48, p. 171, � 5, effective August 7.

29-22.5-105.  Reporting controlled burns - short title - definitions. (1)  The

short title of this section is the Darcy's Last Call Act.

(2)  As used in this section:


(a) (I)  Controlled burn means, for purposes of this section only and as

intentionally started on private property that is not classified as agricultural land, as that term is defined in section 39-1-102 (1.6)(a), the following types of burning:

(A)  A burn used as a technique in farming or livestock production or for other

purposes to clear the land of existing native vegetation or crop residue or to kill weeds and weed seeds;

(B)  A controlled ditch burn as set forth in section 24-33.5-1202 (3.4); except

that controlled burn does not mean a burn involving an irrigation ditch;

(C)  Noncommercial burning of trash; and


(D)  Open burning of slash piles, as open burning and slash are defined in

section 30-15-401 (1)(n.5)(V).

(II)  Controlled burn does not mean open burning lawfully conducted in the

course of agricultural operations as set forth in section 18-13-109 (2)(b)(I).

(b)  Fire department means the duly authorized fire protection organization

of a town, city, county, or city and county, a fire protection district, or a metropolitan district or county improvement district that provides fire protection. Fire department also includes volunteer fire departments organized under section 24-33.5-1208.5.

(3)  Before any person conducts a controlled burn, the person must provide

notice of the controlled burn in accordance with local rules and regulations or, where no local rules and regulations exist, to the local dispatch center, the county sheriff, and where applicable to the fire department providing services to the area where the private property is located. In the notice required by this subsection (3), the person conducting the controlled burn must provide the date, time, and location where the controlled burn will be conducted, and contact information for the person responsible for the controlled burn. The fire department may determine that fire department personnel must be on standby at the time of the controlled burn for it to be conducted.

(4)  Nothing in this section exempts a person from complying with any other

applicable local, state, or federal laws.

Source: L. 2022: Entire section added, (HB 22-1132), ch. 344, p. 2460, � 1,

effective August 10.

SPECIAL STATUTORY AUTHORITIES

ARTICLE 23

Pueblo Depot Activity Development Authority

C.R.S. § 29-3-123

29-3-123. Sufficiency of article. (1) This article, without reference to other statutes of the state, constitutes full authority for the exercise of powers granted in this article, including but not limited to the authorization and issuance of bonds under this article.

(2)  No other act or law with regard to the authorization or issuance of bonds

that provides for an election requiring an approval or in any way impeding or restricting the carrying out of the acts authorized in this article to be done shall be construed as applying to any proceedings taken under this article or acts done pursuant to this article.

(3)  The provisions of no other law, either general or local, shall apply to the

things authorized to be done in this article, and no board, agency, bureau, commission, or official not designated in this article has any authority or jurisdiction over any of the acts authorized in this article to be done.

(4)  No notice, consent, or approval by any public body or officer thereof shall

be required as a prerequisite to the sale or issuance of any bonds, the making of any contract or financing agreement, or the exercise of any other power under this article, except as provided in this article.

(5)  The powers conferred by this article shall be in addition and

supplemental to, and not in substitution for, and the limitations imposed by this article shall not affect, the powers conferred by any other law.

(6)  No part of this article shall repeal or affect any other law or part thereof

except to the extent that this article is inconsistent with any other law, it being intended that this article shall provide a separate method of accomplishing its objectives and not an exclusive one; and this article shall not be construed as repealing, amending, or changing any such other law except to the extent of such inconsistency.

Source: L. 67: p. 678, � 23. C.R.S. 1963: � 36-24-23. L. 73: p. 481, � 17. L. 77:

(2) and (3) amended, p. 1411, � 8, effective June 20.

ARTICLE 3.5

State Grants to Local Governments

29-3.5-101.  Definitions. As used in this article 3.5, unless the context

otherwise requires:

(1)  Eligible applicant means an applicant under a local government

assistance program which meets all statutory requirements for eligibility and which complies with all applicable regulations, ordinances, and resolutions.

(2)  Local government assistance program means any program under which

a state agency furnishes a grant or loan of state money, or state property in lieu of money, to units of local government for the purpose of financing or otherwise assisting in any local or regional project.

(3)  State agency means any board, bureau, commission, department,

institution, division, section, or officer of the state, except those in the legislative branch or judicial branch and except state educational institutions administered pursuant to title 23, except part 1 of article 8, parts 2 and 3 of article 21, and parts 2 to 4 of article 31 of title 23.

(4)  Unit of local government means a county, city and county, city, town,

service authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

Source: L. 81: Entire article added, p. 1410, � 1, effective June 2. L. 83: (3)

amended, p. 962, � 8, effective July 1, 1984. L. 2012: (3) amended, (HB 12-1283), ch. 240, p. 1135, � 52, effective July 1. L. 2013: (3) amended, (HB 13-1300), ch. 316, p. 1692, � 91, effective August 7. L. 2021: IP and (3) amended, (HB 21-1264), ch. 308, p. 1877, � 18, effective June 23.

Editor's note: Section 20 of chapter 308 (HB 21-1264), Session Laws of

Colorado 2021, provides that the act amending this section takes effect only if SB 21-288 (chapter 221) becomes law and takes effect either upon the effective date of HB 21-1264 or one day after the passage of SB 21-288, whichever is later. HB 21-1264 became law and took effect June 23, 2021, and SB 21-288 became law and took effect June 11, 2021.

Cross references: For the legislative declaration in the 2012 act amending

subsection (3), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in HB 21- 1264, see section 2 of chapter 308, Session Laws of Colorado 2021.

29-3.5-102.  Selection criteria. Every state agency which administers a local

government assistance program shall approve or deny every application for competitively awarded programs filed after July 1, 1981, from an eligible applicant under such program solely on the basis of criteria established by statute and any regulations authorized by statute.

Source: L. 81: Entire article added, p. 1411, � 1, effective June 2.

HOUSING

ARTICLE 4

Housing

Cross references: For cooperation with the federal government regarding

housing projects, see article 55 of title 24; for relocation assistance and land acquisition policies, see article 56 of title 24.

PART 1

CITY HOUSING LAW - SLUM CLEARANCE

C.R.S. § 29-5-105

29-5-105. Assignment of emergency response personnel for temporary duty - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Emergency responder means a county improvement district providing

fire protection services or any other county department or agency that provides fire or emergency medical services, municipal fire departments, fire protection districts, metropolitan districts providing fire protection services, fire authorities, hazardous materials authorities, volunteer fire departments recognized under the Volunteer Fire Department Organization Act, section 24-33.5-1208.5, and any ambulance service operated by a subdivision of state government.

(b)  Emergency responder personnel means paid or volunteer personnel of

an emergency responder.

(2)  The chief or executive officer of an emergency responder may, in his or

her discretion and upon a request made by the chief or executive officer of any other emergency responder, assign such personnel and equipment as he or she determines to be proper, to perform temporary emergency services duties under the direction and control of the requesting emergency responder; except that the assigning fire chief or executive officer may require that such emergency responder personnel and equipment shall be under the immediate direction and control of a superior officer of the assigning emergency responder, which superior officer shall be, during such temporary assignment, under the direction and control of the requesting fire chief or executive officer. Nothing contained in this section and sections 29-5-107 to 29-5-110 limits the power of the governing body of any emergency responder to prohibit or limit by ordinance or regulation the exercise by a fire chief or executive officer of the discretion granted in this section and sections 29-5-107 to 29-5-110.

Source: L. 63: p. 730, � 3. C.R.S. 1963: � 99-2-6. L. 97: Entire section

amended, p. 1025, � 50, effective August 6. L. 2021: Entire section amended, (SB 21-166), ch. 287, p. 1696, � 1, effective June 22.

C.R.S. § 29-5-109

29-5-109. Workers' compensation coverage. The coverage of any police officer, deputy sheriff, or firefighter of any town, city, city and county, county, or fire protection district or of any state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., under the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S., shall not be affected by reason of the performance of temporary duties in a requesting town, city, city and county, county, fire protection district, or state institution of higher education under the provisions of sections 29-5-103 to 29-5-107, and the police officers, deputy sheriffs, and firefighters shall remain covered by the workers' compensation insurance while performing the temporary duty as fully as if they were performing their regular duties within the assigning jurisdiction.

Source: L. 63: p. 731, � 7. C.R.S. 1963: � 99-2-10. L. 90: Entire section

amended, p. 571, � 61, effective July 1. L. 97: Entire section amended, p. 1026, � 53, effective August 6. L. 2008: Entire section amended, p. 91, � 16, effective March 18. L. 2009: Entire section amended, (SB 09-097), ch. 110, p. 458, � 9, effective August 5.

C.R.S. § 29-5-110

29-5-110. Pension fund payments. If any police officer, deputy sheriff, or firefighter of any town, city, city and county, county, or fire protection district or of any state institution of higher education employing peace officers in accordance with article 7.5 of title 24, C.R.S., should become disabled or be killed by reason of the performance of temporary duty within the jurisdiction of another town, city, city and county, county, fire protection district, or state institution of higher education, as provided in sections 29-5-103 to 29-5-107, and the disability would entitle him or her or his or her death would entitle his or her survivor to payment from any police or firefighters' or employee pension fund of the town, city, city and county, county, fire protection district, or state institution of higher education assigning him or her to temporary duty in another jurisdiction, had the injury occurred during the performance of his or her duties within the assigning town, city, city and county, county, fire protection district, or state institution of higher education, the police officer, deputy sheriff, or firefighter, or his or her survivor, shall be entitled to the same payment from the pension fund of the assigning town, city, city and county, county, fire protection district, or state institution of higher education, as he or she would have been entitled to receive if the injury or death had occurred within the assigning town, city, city and county, county, fire protection district, or state institution of higher education, and he or she shall not be entitled to receive a payment from any police or firefighters' or employee pension fund of the jurisdiction in which he or she performed the temporary duties.

Source: L. 63: p. 731, � 8. C.R.S. 1963: � 99-2-11. L. 97: Entire section

amended, p. 1026, � 54, effective August 6. L. 2008: Entire section amended, p. 91, � 17, effective March 18. L. 2009: Entire section amended, (SB 09-097), ch. 110, p. 459, � 10, effective August 5.

C.R.S. § 29-5-114

29-5-114. Self-contained breathing apparatus - testing - certification - recertification. A town, city, city and county, county, fire protection district, or state institution of higher education that owns or leases any self-contained breathing apparatus, as defined in section 24-33.5-2301, for use by police officers, deputy sheriffs, or firefighters shall ensure that the apparatus and all associated pressure vessels are regularly tested and certified in accordance with all applicable federal standards and with any standards for retesting and recertification that the director of the division of fire prevention and control in the department of public safety may promulgate by rule in accordance with section 24-33.5-2303.

Source: L. 2019: Entire section added, (SB 19-061), ch. 215, p. 2233, � 3,

effective August 2.

Cross references: For the legislative declaration in SB 19-061, see section 1

of chapter 215, Session Laws of Colorado 2019.

PART 2

COLLECTIVE BARGAINING

AND MEET AND CONFER

C.R.S. § 29-5-202

29-5-202. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a)  The people of Colorado have a fundamental interest in the development

of harmonious and cooperative relationships between public employers and firefighters, particularly related to safety issues;

(b)  The state has an obligation to protect the public safety by assuring, at all

times, the orderly and uninterrupted operation of fire protection agencies;

(c)  In order to continually maintain public safety, firefighters must be denied

the right to strike;

(d)  The denial by some public employers of the right of firefighters to

organize and bargain collectively or meet and confer leads to various forms of strife and unrest, which obstruct public safety, and when the right to strike is denied, collective bargaining with the possibility to meet and confer are the appropriate counterbalance to prevent the obstructions to public safety;

(e)  Unresolved disputes between firefighters and their public employers

harm the public, the governmental agencies, and the employees involved;

(f)  Experience has proven that legal protection of the right of firefighters to

organize safeguards public safety by removing certain recognized sources of strife and unrest and encouraging practices fundamental to the amicable resolution of disputes over compensation, hours, and terms and conditions of employment and by creating equality of bargaining power between public employers and the firefighters that they employ;

(g)  The Colorado wildfires of 2012 demonstrate the potential for loss of life

and property damage associated with natural disasters. Responding to natural disasters requires a coordinated response by, and the significant contribution of staffing and resources from, fire departments all around the state. The departments are required to work closely with one another during these times, which demonstrates the statewide nature of fire protection and natural disaster response. Most departments have automatic mutual aid agreements with adjacent departments that blur jurisdictional lines even further. The ability to coordinate and cooperate is critical to effective fire protection and disaster response in the state.

(h)  It is the policy of this state to eliminate the causes of certain substantial

obstructions to public safety and to mitigate and eliminate these obstructions when they occur by:

(I)  Protecting the exercise by firefighters of full freedom of association, self-organization, and other mutual aid or protection without fear of intimidation or

retaliation;

(II)  Encouraging and promoting the practice and procedure of collective

bargaining;

(III)  Protecting the right of firefighters to designate representatives of their

own choosing for the purpose of collective bargaining, and protecting their right to participate in the political process while off duty and not in uniform, like any other citizen of this state; and

(IV)  If approved by a vote of the citizens of a jurisdiction, obligating public

employers and employee organizations of firefighters to enter into collective bargaining with the willingness to resolve disputes relating to compensation, hours, and the terms and conditions of employment and to reduce to writing any agreements reached through negotiations; and

(i)  Collective bargaining for firefighters is a matter of statewide concern that

affects the public safety and general welfare, as the Colorado supreme court held in City of Aurora v. Aurora Firefighters' Protective Association, 193 Colo. 437, 566 P.2d 1356 (1977). The citizens of Colorado have the right to expect a consistently high level of public safety throughout the state, which will allow the economy of Colorado to grow and prosper.

(2)  It is also the policy of this state to obligate public employers to meet and

confer with their firefighters, upon request, to discuss safety, equipment, and noncompensatory matters.

Source: L. 2013: Entire part added, (SB 13-025), ch. 408, p. 2400, � 1,

effective June 5.

C.R.S. § 29-5-203

29-5-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1)  Advisory fact-finder means the person agreed upon by the parties or

appointed by the American arbitration association, its successor organization, or a similar organization agreed upon by both parties in accordance with section 29-5-210.

(2)  Bargaining unit means all firefighters employed by the same public

employer, excluding supervisors.

(3)  Collective bargaining means the performance of the mutual obligation

of a public employer, through its designated representatives, and an exclusive representative to meet at reasonable times and places and negotiate in good faith with respect to compensation, hours, and terms and conditions of employment, to meet and negotiate in good faith any question arising under a collective bargaining agreement, and to execute a written contract incorporating any agreements reached.

(4)  Collective bargaining agreement means an agreement negotiated

between an exclusive representative and a public employer, including one accepted by the parties after fact-finding, in addition to any terms approved by the registered electors of a public employer pursuant to section 29-5-210.

(5)  Collective bargaining provisions of this part 2 means all of this part 2;

except that sections 29-5-202, 29-5-203 (7), (13), and (14); 29-5-204 (1)(a), (1)(e), (2), and (3); 29-5-205; 29-5-211; 29-5-212 (4) and (5); 29-5-213; and 29-5-214 shall apply to all public employers and firefighters without regard to section 29-5-206.

(6)  Compensation means base wages or salary; any form of direct

monetary payments; employer-paid health, accident, life, and disability insurance programs; employer-paid pension programs, including the amount of pension and contributions to the extent not controlled by law; deferred compensation; retiree health programs; paid time off; uniform and equipment allowances; expense reimbursement; and all eligibility conditions for compensation.

(7)  Employee organization means an organization that admits firefighters

employed by a public employer to membership and represents firefighters in collective bargaining or the meet and confer process. Employee organization includes a person acting as an officer, representative, or agent of an employee organization.

(8)  Exclusive representative means the employee organization recognized

by the public employer or named in a petition filed pursuant to section 29-5-206.

(9)  Final offer means the latest written offer made by an exclusive

representative to a public employer and by a public employer to an exclusive representative at least seven days prior to the beginning of an impasse resolution hearing as described in section 29-5-210.

(10)  Firefighter means an employee of a public employer whose primary

duties are directly involved with the provision of fire protection or firefighting services. Firefighter does not include clerical personnel or volunteer firefighters as defined in section 31-30-1102, C.R.S.

(11)  General election means a general municipal election, regular special

district board election, statewide primary election, or statewide general election.

(12)  Party means an exclusive representative or a public employer.


(13)  Public employer means a municipality, including a home rule

municipality, special district, fire authority, or county improvement district, that offers fire protection service and employs two or more firefighters.

(14)  Strike means the following concerted actions taken by members of a

bargaining unit for the purpose of inducing, influencing, or coercing a change in the terms and conditions of employment, compensation, rights, privileges, or obligations of employment:

(a)  Failure to report for duty;


(b)  Willful absence from a position;


(c)  Stopping or deliberately slowing work;


(d)  Withholding, in whole or in part, the full, faithful, and proper performance

of duties of employment; or

(e)  Interrupting the operations of the public employer.


(15)  Supervisor means the chief and all officers in the rank or position

immediately below the chief who report directly to the chief. No other firefighter is included in the definition of supervisor for the purposes of this part 2.

(16)  Terms and conditions of employment means compensation, hours, and

all matters affecting the employment of firefighters, including items related to safety, except the budget and organizational structure of the public employer.

Source: L. 2013: Entire part added, (SB 13-025), ch. 408, p. 2402, � 1,

effective June 5.

C.R.S. § 29-5-301

29-5-301. Definitions. As used in this part 3, unless the context otherwise requires:

(1)  Covered individual means a firefighter, part-time firefighter, or

volunteer firefighter who meets the coverage requirements in section 29-5-302 (9).

(2)  Employer means a municipality, special district, fire authority, or county

improvement district that employs one or more covered individuals. Beginning July 1, 2020, employer also means the division of fire prevention and control created in section 24-33.5-1201. Employer does not include a power authority created pursuant to section 29-1-204 or a municipally owned utility.

(3)  Firefighter means a full-time, active employee of an employer who

regularly works at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of fire protection services.

(4)  Heart and circulatory malfunction means a sudden and serious

malfunction of the heart and circulatory system as occurs in a diagnosis of coronary thrombosis, cerebral vascular accident, myocardial infarction, or cardiac arrest and that meets the requirements of section 29-5-302 (6). Heart and circulatory malfunction does not include hypertension or angina.

(5)  Part-time firefighter means an active employee of an employer who

regularly works less than one thousand six hundred hours in any calendar year, whose duties are directly involved with the provision of fire protection services, and who is not a volunteer firefighter.

(6)  Volunteer firefighter means either a volunteer firefighter as defined in

section 31-30-1102 or an individual who provides volunteer services to a fire authority that is created by an intergovernmental agreement that provides fire protection.

(7)  Work event means stressful or strenuous activity related to fire

suppression, rescue, hazardous material response, emergency medical services, disaster relief, or other emergency response activity. Work event includes a training activity that a covered individual engages in while on duty and that involves stressful or strenuous activity.

Source: L. 2014: Entire part added, (SB 14-172), ch. 325, p. 1424, � 1, effective

January 1, 2015. L. 2020: (1) amended, (SB 20-057), ch. 143, p. 621, � 1, effective June 29. L. 2024: Entire section amended, (HB 24-1219), ch. 282, p. 1880, � 1, effective May 29.

C.R.S. § 29-5-402

29-5-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Cancer means cancer that originates as a cancer of the brain, skin,

digestive system, hematological system, or genitourinary system or as defined by the trust.

(2)  Covered individual means a firefighter, hazardous materials trooper,

part-time firefighter, or volunteer firefighter who meets the coverage requirements in section 29-5-403 (12).

(3)  Employer means a municipality, special district, fire authority, or county

improvement district that employs one or more firefighters, part-time firefighters, or volunteer firefighters. Beginning July 1, 2020, employer also means the division of fire prevention and control created in section 24-33.5-1201 and the department of public safety created in section 24-33.5-103. Employer does not include a power authority created pursuant to section 29-1-204 or a municipally owned utility.

(4)  Firefighter means a full-time, active employee of an employer who

regularly works at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of fire protection services, and who is not a volunteer firefighter.

(4.5)  Hazardous materials trooper means a person employed by the

Colorado state patrol to support the regulation of hazardous materials on highways in the state.

(5)  Part-time firefighter means an active employee of an employer who

regularly works less than one thousand six hundred hours in any calendar year, whose duties are directly involved with the provision of fire protection services, and who is not a volunteer firefighter.

(6)  Trust means a multiple employer health trust described in section 10-3-903.5 (7)(b)(I), established for the purposes of this part 4.


(7)  Volunteer firefighter means a volunteer firefighter as defined in section

31-30-1102, including a person meeting this definition who provides volunteer services to a fire authority created by an intergovernmental agreement providing fire protection.

Source: L. 2017: Entire part added, (SB 17-214), ch. 187, p. 680, � 1, effective

May 3. L. 2020: (3) amended, (SB 20-057), ch. 143, p. 621, � 2, effective June 29. L. 2023: (2) and (3) amended and (4.5) added, (SB 23-280), ch. 404, p. 2420, � 6, effective August 7.

C.R.S. § 29-5-501

29-5-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Employer means a municipality, special district, fire authority, or county

improvement district that employs one or more firefighters. Employer also means the division of fire prevention and control created in section 24-33.5-1201. Employer does not include a power authority created pursuant to section 29-1-204 or a municipally owned utility.

(2)  Firefighter means a full- or part-time employee of an employer whose

duties are directly involved with the provision of fire protection services and a volunteer firefighter as defined in section 31-30-1102. Firefighter includes a person meeting this definition who provides volunteer services to a fire authority created by an intergovernmental agreement providing fire protection.

(3)  Trust means a multiple employer behavioral health trust described in

section 10-3-903.5 (7)(e), established for the purposes of this part 5.

Source: L. 2022: Entire part added, (SB 22-002), ch. 339, p. 2440, � 4,

effective June 3.

C.R.S. § 29-8-103

29-8-103. Definitions. As used in this article, unless the context otherwise requires:

(1)  Cable operator shall have the same meaning as set forth in the federal

Cable Communications Policy Act of 1984, as amended, 47 U.S.C. sec. 522.

(1.5)  Communication service means the transmission of intelligence by

electrical means, including, but not limited to, telephone, telegraph, messenger-call, block, police, fire alarm, and traffic control circuits or the transmission of television or radio signals.

(2)  Convert or conversion means the removal of all or any part of any

existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

(3)  Electric or communication facilities means any works or improvements

used or useful in providing electric or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances.

(4)  Electric service means the transmission and distribution of electricity

for heat, light, or power.

(5)  Governing body means the board of county commissioners or city

council or board of trustees, as may be appropriate, depending on whether the improvement district is located in a county or within a city or town.

(6)  Net effective interest rate means the net interest cost of bonds divided

by the sum of the products derived by multiplying the principal amounts of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(7)  Overhead electric or communication facilities means electric or

communication facilities located, in whole or in part, above the surface of the ground.

(7.5)  Political subdivision means a county, city and county, city, town, home

rule city, home rule town, service authority, school district, local improvement district, law enforcement authority, any special district such as water, sanitation, fire protection, metropolitan, irrigation, or drainage, or any other kind of municipal, quasi-municipal, or public corporation organized pursuant to law.

(8)  Public utility means one or more persons or corporations that provide

electric or communication service to the public by means of electric or communication facilities and shall include any city, county, special district, or public corporation that provides electric or communication service to the public by means of electric or communication facilities.

(9)  Resolution means ordinance, where the governing body properly acts

by ordinance, or resolution, where the governing body is authorized to act by resolution.

(10)  Underground electric or communication facilities means electric or

communication facilities located, in whole or in part, beneath the surface of the ground, or facilities within the confines of a power substation. Communication facilities does not include facilities used or intended to be used for the transmission of intelligence by microwave or radio or outdoor public telephones. Underground facilities includes certain facilities even though such facilities remain above the surface, in accordance with standard underground practices, such as transformers, pull boxes, service terminals, meters, pedestal terminals, splice closures, apparatus cabinets, and similar facilities.

Source: L. 71: p. 987, � 1. C.R.S. 1963: � 89-23-3. L. 99: (1) amended and (1.5)

and (7.5) added, p. 373, � 2, effective April 22. L. 2001: (3) and (4) amended, p. 240, � 1, effective July 1.

C.R.S. § 30-10-512

30-10-512. Sheriff to act as fire warden. Subject to the provisions of any relevant plans or agreements, the sheriff of every county, in addition to other duties, shall act as fire warden of 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 department or that exceed the capabilities of the fire department to control or extinguish.

Source: L. 03: p. 176, � 1. R.S. 08: � 1280. C.L. � 8755. CSA: C. 45, � 102. CRS

53: � 35-5-12. C.R.S. 1963: � 35-5-12. L. 2009: Entire section amended, (SB 09-020), ch. 189, p. 829, � 4, effective April 30; entire section amended, (SB 09-001), ch. 30, p. 128, � 4, effective August 5. L. 2024: Entire section amended, (HB 24-1155), ch. 48, p. 171, � 6, effective August 7.

Editor's note: Amendments to this section by Senate Bill 09-001 and Senate

Bill 09-020 were harmonized.

Cross references: For duty of sheriff to report fires, see � 24-33.5-1219.

C.R.S. § 30-10-513

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 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 department or that exceed the capabilities of the fire 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 departments that does not exceed the capabilities of the fire 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 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 department to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint 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.

(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.

(2)  The director of the division of fire prevention and control may assume any

duty or responsibility given to the sheriff under this section with the concurrence of the sheriff.

(3) (a)  The board of county commissioners of any county may allow the

sheriff, undersheriffs, deputies, municipal or county fire departments, fire protection districts, fire authorities, and such other persons as may be called upon to assist in controlling or extinguishing a prairie, forest, or wildland fire such compensation and reimbursement for other expenses necessarily incurred as the board deems just.

(b)  The board of county commissioners of any county may allow a fire

department, fire protection district, or volunteer fire department compensation and reimbursement from a county funding source for other expenses necessarily incurred in controlling or extinguishing a prairie, forest, or wildland fire within the jurisdiction or boundaries of the fire department, fire protection district, or volunteer fire department if the circumstances set forth in section 24-33.5-1220 (6)(a)(I), (6)(a)(II), and (6)(a)(III) are met, as the board deems just.

(4)  The board of county commissioners of any county in the state may make

such appropriation as it may deem proper for the purpose of controlling fires in its county. The board of county commissioners is authorized to levy a special tax subject to approval of the voters upon every dollar of valuation of assessment of the taxable property within the county for the purpose of creating a fund that shall be appropriated, after consultation with representatives of fire departments, fire protection districts, and fire authorities in the county, to prevent, control, or extinguish such fires anywhere in the county and to fix the rate of levy.

(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)  As 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).

Source: L. 03: p. 176, � 2. R.S. 08: � 1281. C.L. � 8756. CSA: C. 45, � 103. L. 45:

p. 299, � 1. CRS 53: � 35-5-13. C.R.S. 1963: � 35-5-13. L. 65: p. 925, � 4. L. 96: Entire section amended, p. 673, � 1, effective May 2. L. 2000: Entire section amended, p. 1303, � 6, effective May 26. L. 2009: Entire section amended, (SB 09-105), ch. 190, p. 831, � 1, effective April 30; entire section R&RE, (SB 09-020), ch. 189, p. 829, � 5, effective April 30; entire section amended, (SB 09-001), ch. 30, p. 128, � 5, effective August 5. L. 2010: (1)(b) amended, (HB 10-1422), ch. 419, p. 2119, � 163, effective August 11. L. 2013: (1) (d) and (2) amended, (HB 13-1300), ch. 316, p. 1694, � 97, effective August 7. L. 2022: (3) amended, (SB 22-002), ch. 339, p. 2442, � 6, effective June 3. L. 2024: (1) amended and (5) and (6) added, (HB 24-1155), ch. 48, p. 171, � 7, effective August 7.

Editor's note: (1)  Amendments to this section by Senate Bill 09-001 and

Senate Bill 09-020 were harmonized.

(2)  This section was amended in Senate Bill 09-105. Those amendments were

superseded by the repeal and reenactment of this section in Senate Bill 09-020. However, the intent of Senate Bill 09-105 was realized by the adoption the House Local Government committee of reference report to Senate Bill 09-020. (See the House Journal for March 18, 2009, page 770.)

Cross references: For the legislative declaration contained in the 2000 act

amending this section, see section 6 of chapter 272, Session Laws of Colorado 2000.

C.R.S. § 30-10-513.5

30-10-513.5. Authority of sheriff relating to fires within unincorporated areas of county - liability for expenses. (1) (a) The sheriff of any county may request assistance from a fire protection district or municipality in controlling or extinguishing a fire occurring on private property if, in the judgment of such sheriff, the fire constitutes a danger to the health and safety of the public or a risk of serious damage to property. Except as provided in subsection (3) of this section, any fire protection district or municipality assisting in controlling or extinguishing such fire is entitled to reimbursement from the property owner on whose property the fire occurred or from the party responsible for the occurrence of such fire for the reasonable and documented costs resulting from such assistance. The fire protection district or municipality may recover the costs incurred in a civil action against the property owner or the responsible party or may, by resolution of its board or governing body adopted at a public hearing after notice to the affected parties, certify to the county treasurer the amount of any costs incurred that remains uncollected after diligent effort for a period greater than one hundred eighty days. Such certification is subject to the appeal process and all other remedies, if any, provided in the State Administrative Procedure Act, article 4 of title 24, C.R.S. If the fire protection district or municipality prevails, the amount certified shall be collected by the treasurer in the same manner as taxes are authorized to be collected pursuant to section 39-10-107, C.R.S. To defray the costs of collection, the treasurer shall be authorized to charge an amount equal to ten percent of the amount collected.

(b)  For purposes of this subsection (1), fire occurring on private property

means:

(I)  A fire occurring on property not located within a fire protection district or

municipality providing fire protection services.

(II)  (Deleted by amendment, L. 93, p. 1253, � 1, effective July 1, 1993.)


(c)  This section does not prohibit a county from reimbursing a fire protection

district, fire department, or volunteer fire department for expenses necessarily incurred in controlling or extinguishing a prairie, forest, or wildland fire from a county funding source in accordance with section 30-10-513 (3)(b).

(2) (a)  An owner of private property who has contracted with a fire protection

district for fire protection services shall advise the sheriff of such contract and any fire protection districts with which such district has mutual aid agreements. In the event that a fire occurs on such property, the sheriff shall make a reasonable attempt to secure the services from such district. If the district does not respond, he shall make a reasonable attempt to secure such services from any of the districts with which such district has mutual aid agreements. If services cannot be secured, the sheriff, in his discretion, may attempt to secure fire protection services from any other district or municipality, and, if services are provided, the owner of the property or the party responsible for the fire shall be liable for the costs incurred by such district or municipality. Such costs may be assessed and collected in the manner provided in subsection (1) of this section.

(b)  No sheriff shall be held liable for failure to secure fire protection services

as required by paragraph (a) of this subsection (2) unless the failure was due to willful misconduct, gross negligence, or bad faith.

(3)  Any property owner who desires to conduct a controlled burn of a

structure or building located on such property shall notify the county sheriff of the date when such controlled burn will be conducted. Any property owner providing such notification shall not be liable for any costs under this section resulting from the response by a fire protection district or municipality to such controlled burn due to any person informing or warning such district or municipality of the fire arising from such burn.

Source: L. 89: Entire section added, p. 1279, � 1, effective April 26. L. 93: (1)

amended and (3) added, p. 1253, � 1, effective July 1. L. 2000: (1)(a) amended, p. 1304, � 7, effective May 26. L. 2022: (1)(c) added, (SB 22-002), ch. 339, p. 2442, � 7, effective June 3.

Cross references: For the legislative declaration contained in the 2000 act

amending subsection (1)(a), see section 7 of chapter 272, Session Laws of Colorado 2000.

C.R.S. § 30-11-107.9

30-11-107.9. County tax for public safety improvements - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Public safety improvements means capital expenditures or operational

costs associated with a public safety organization.

(b)  Public safety organization means a law enforcement agency or office,

district attorney's office, judicial district, coroner's office, a fire protection district, fire department, or any other public entity dedicated to providing services related to public safety, public health, or emergency management at the county or local level in the state.

(2)  In accordance with the procedures set forth in this section, the board of

county commissioners of each county may levy a sales tax for public safety improvements of not more than two percent on the sale of tangible personal property of retail and services taxable in such county pursuant to the provisions of section 39-26-104. All net revenues collected by a county after the payment of the costs of collection, administration, and enforcement to the department of revenue in accordance with subsection (4) of this section shall be used exclusively for public safety improvements.

(3)  The board of county commissioners of a county may by resolution

approve a proposal for a county public safety improvements tax; thereupon the public safety improvements tax proposal must be submitted to the registered electors of the county at the next general election, the next biennial county election, or the next election held on the first Tuesday of November in an odd-numbered year as determined by the board of county commissioners. The proposal shall contain a description of the tax including its purposes and shall state the amount to be imposed. The proposal may include a provision to also seek voter approval to retain and expend all or a portion of the revenues of the tax from district fiscal year spending for purposes of section 20 of article X of the state constitution. The conduct of the election shall conform so far as practicable to the general election laws of the state and with the provisions of said section 20.

(4) (a)  The county public safety improvements tax shall be collected,

administered, and enforced as specified in part 2 of article 2 of title 29.

(b)  The department of revenue shall perform, on an annual basis, an analysis

to determine the net incremental cost of such collection, administration, and enforcement. The department shall retain only the amount determined to be necessary by the cost analysis, and in no event shall that amount exceed three and one-third percent of the amount collected. Such amount retained shall be transmitted to the state treasurer, who shall credit the same to the general fund, and such amount shall be subject to appropriation by the general assembly for the net incremental cost of such collection, administration, and enforcement.

(5)  No public moneys from any source shall be expended directly or

indirectly to urge electors to vote in favor or against the imposition of a county public safety improvements tax. Nothing in this subsection (5) shall be construed as prohibiting an elected official from expressing his or her personal opinion concerning the imposition of the tax.

Source: L. 2007: Entire section added, p. 1459, � 1, effective August 3. L.

2017: (3) amended, (HB 17-1342), ch. 235, p. 965, � 1, effective May 24. L. 2024: (2) and (4)(a) amended, (SB 24-025), ch. 144, p. 568, � 21, effective July 1, 2025.

C.R.S. § 30-15-401

30-15-401. General regulations - definitions. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of county commissioners may adopt ordinances for control or licensing of those matters of purely local concern that are described in the following enumerated powers:

(a) (I) (A)  To provide for and compel the removal of rubbish, including trash,

junk, and garbage, from lots and tracts of land within the county, except industrial tracts of ten or more acres and agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such rubbish, and to assess the reasonable cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts from which such rubbish has been removed. Ordinances passed by a board of county commissioners for the removal of rubbish pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which rubbish shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this sub-subparagraph (A).

(B)  A county court or district court having jurisdiction over property from

which rubbish shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I) shall issue an administrative entry and seizure warrant for the removal of such rubbish. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the rubbish within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, a general list of any rubbish to be removed from such property, and the proposed disposal or temporary impoundment of such rubbish, whichever the court deems appropriate. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (B), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, shall be submitted to the court by the executing authority.

(I.5) (A)  To provide for and compel the removal of weeds and brush from lots

and tracts of land within the county except agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such weeds and brush, and to assess the reasonable cost thereof, including ten percent for inspection and other incidental costs in connection therewith, upon the property from which such weeds have been removed. Ordinances passed by a board of county commissioners for the removal of weeds and brush pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which weeds and brush shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such property until paid and shall have priority based on its date of recording. A county shall not compel the removal of weeds and brush pursuant to this sub-subparagraph (A) upon any lot or tract of land within the county during such time that a mortgage or deed of trust secured by the lot or tract of land is being foreclosed upon.

(B)  In case such assessment is not paid within a reasonable time specified by

ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments pursuant to this sub-subparagraph (B).

(C)  A county court or district court having jurisdiction over property from

which weeds and brush shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I.5) shall issue an administrative entry and seizure warrant for the removal of such weeds and brush. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I.5) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the weeds and brush within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, and the proposed disposal of such weeds and brush. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (C), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant shall be submitted to the court by the executing authority.

(II)  To inspect vehicles proposed to be operated in the conduct of the

business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials and to determine, among other things, that any such vehicle has the following:

(A)  A permanent cover of canvas or equally suitable or superior material

designed to cover the entire open area of the body of such vehicle;

(B)  A body so constructed as to be permanently leakproof as to such

discarded materials;

(C)  Extensions of sideboards and tailgate, if any, constructed of permanent

materials;

(III)  To contract with persons in the business of transporting and disposing of

ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials to provide such services, but in no event on an exclusive territorial basis, to every lot and tract of land requiring such services within the unincorporated area of the county or in conjunction with the county on such terms as shall be agreed to by the board of county commissioners. Nothing in this subparagraph (III) shall be deemed to preclude the owner or tenant of any such lot or tract from removing discarded materials from his lot, so long as appropriate standards of safety and health are observed.

(IV)  To regulate the activities of persons in the business of transporting

ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area by requiring each such person to secure a license from the county and charging a fee therefor to cover the cost of administration and enforcement and by requiring adherence to such reasonable standards of health and safety as may be prescribed by the board of county commissioners and to prohibit any person from commercially collecting or disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area without a license and when not in compliance with such standards of health and safety as may be prescribed by the board;

(V)  To do all acts and make all regulations which may be necessary or

expedient for the promotion of health or the suppression of disease, limited to the following:

(A)  In addition to the authority given counties under section 18-4-511, C.R.S.,

to restrain, fine, and punish persons for dumping rubbish, including trash, junk, and garbage, on public or private property;

(B)  (Deleted by amendment, L. 2008, p. 2054, � 11, effective July 1, 2008.)


(C)  To adopt reasonable regulations for controlling pollution caused by wood

smoke;

(D)  In addition to the authority given counties under article 5 of title 35,

C.R.S., to establish mosquito control areas, to assess the whole cost thereof against those persons especially benefitted by the service, and, if a person's portion of the assessment is not paid within a reasonable time as specified by ordinance, to direct that the assessment, which shall be a lien against the property of such person, be certified by the county clerk and recorder to the county treasurer for collection in the same manner as other taxes are collected;

(VI)  To require every person in the business of transporting ashes, trash,

waste, rubbish, garbage, or industrial waste products or any other discarded materials to and from disposal sites to have, before commencing such operations, in such motor vehicle a motor vehicle liability insurance policy or evidence of such policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado in the sum of not less than one hundred fifty thousand dollars for damages for or on account of any bodily injury to or the death of each person as the result of any one accident, in the sum of not less than one hundred fifty thousand dollars for damages to the property of others as the result of any one accident, and in the total sum of not less than four hundred thousand dollars for damages for or on account of any bodily injury to or the death of all persons and for damages to the property of others. Any liability for failure to comply with the requirements of this subparagraph (VI) shall be borne by the individual, partnership, or corporation who owns such vehicle.

(b)  To prevent and suppress riots, routs, affrays, disturbances, and disorderly

assemblies in any public or private place;

(c)  To suppress bawdy and disorderly houses and houses of ill fame or

assignation; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.;

(d)  To restrain and punish loiterers and prostitutes;


(d.5)  To discourage juvenile delinquency through the imposition of curfews

applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this subsection (1)(d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this subsection (1)(d.5), juvenile means a juvenile as defined in section 19-2.5-102 and graffiti implement means an aerosol paint container, broad-tipped marker, gum label, paint stick or graffiti stick, or etching equipment.

(e)  To control unleashed or unclaimed animals, except those animals defined

in section 35-44-101 (1), C.R.S.;

(f)  To use the county jail for the confinement or punishment of offenders,

subject to such conditions as are imposed by law and with the consent of the board of county commissioners;

(g)  To authorize the acceptance of a bail bond when any person has been

arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state.

(h) (I)  To control and regulate the movement and parking of vehicles and

motor vehicles on public property; except that:

(A)  Misdemeanor traffic offenses and the posted speed limit on any state

highway located within the county are matters of statewide interest;

(B)  For the purposes of any minimum parking requirement a board of county

commissioners imposes, the board of county commissioners is subject to article 35 of title 29 and section 30-28-140; and

(C)  For the purpose of regulating the installation of electric vehicle charging

stations, the board of county commissioners is subject to section 30-28-212.

(II)  The county may establish fire lanes and emergency vehicle access on

public or private property zoned commercial or residential and provide for fines and punishment of violators;

(i)  To regulate and license escort bureaus, escorts, and escort bureau

runners to the extent permitted under article 11.8 of title 29;

(j)  To regulate and license secondhand dealers to the extent permitted under

article 13 of title 18, C.R.S.;

(k)  To regulate and license pawnbrokers as provided in section 29-11.9-102;


(k.5)  To require registration of persons who engage in door-to-door selling of

merchandise or goods and the delivery thereof within the county; except that nonprofit organizations which are exempt from the income tax imposed under article 22 of title 39, C.R.S., and schools shall not be subject to county requirements imposed under this paragraph (k.5);

(l) (I)  To adopt reasonable regulations for the operation of establishments

open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following:

(A)  Minimum age requirements for admittance to such establishments;


(B)  Limitations on the hours during which such establishments may be open

for business; and

(C)  Restrictions on the location of such establishments with regard to

schools, churches, and residential areas.

(II)  The board of county commissioners may enact ordinances which provide

that any establishment which engages in repeated or continuing violations of regulations adopted by the board shall constitute a public nuisance. The county attorney of such county, or the district attorney acting pursuant to section 16-13-302, C.R.S., may bring an action in the district court of such county for an injunction against the operation of such establishment in a manner which violates such regulations.

(III)  Nothing in the regulations adopted by the board of county

commissioners pursuant to this paragraph (l) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

(m) (I)  In addition to the authority given counties in article 12 of title 25,

C.R.S., to enact ordinances which regulate noise on public and private property except as provided in subparagraph (II) of this paragraph (m); prohibit the operation of any vehicle that is not equipped with a muffler in constant operation and is not properly maintained to prevent an increase in the noise emitted by the vehicle above the noise emitted when the muffler was originally installed; and prohibit the operation of any vehicle having a muffler that has been equipped or modified with a cutoff and bypass or any similar device or modification. For the purposes of this paragraph (m), vehicle shall have the same meaning as that set forth in section 42-1-102 (112), C.R.S.

(II)  Ordinances enacted to regulate noise on public and private property

pursuant to subsection (1)(m)(I) of this section do not apply to:

(A)  Property used for purposes which are exempt, pursuant to section 25-12-103, C.R.S., from noise abatement; and


(B)  Property used for: Manufacturing, industrial, or commercial business

purposes; and public utilities regulated pursuant to title 40.

(n)  To provide for and compel the removal of snow on sidewalks within the

county, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such snow and to assess the whole cost thereof, and other incidental costs in connection therewith, upon the property from which such snow has been removed;

(n.5) (I)  To ban open fires to a degree and in a manner that the board of

county commissioners deems necessary to reduce the danger of wildfires within those portions of the unincorporated areas of the county where the danger of forest or grass fires is found to be high based on competent evidence.

(II)  Subject to subparagraph (IV) of this paragraph (n.5), the board of county

commissioners in each county that has a substantial forested area shall, by January 1, 2012, develop an open burning permit system for the purpose of safely disposing of slash. In developing an open burning permit system, the board is encouraged to consult with the division of fire prevention and control, established in section 24-33.5-1201, C.R.S., and shall:

(A)  Collaborate with county and local jurisdictions such as the sheriff's office

and fire protection districts, identify the agencies responsible for burner education, permitting, and compliance, and consider developing an education plan to inform private property owners of the benefits, criteria, and required processes for slash pile burning;

(B)  Consider and be consistent with existing laws and processes that ban,

regulate, or have developed recommendations concerning open burning, including sections 18-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124, C.R.S.;

(C)  Consider existing county ordinances;


(D)  Consider existing scientific and applied knowledge of safe burning

conditions, including consideration of, and the advisability of specifying permit limitations concerning, the number of slash piles that may be burned at one time per person who is monitoring the burn, the size of slash piles, temperature, humidity, snow cover, wind conditions, overhead and other types of electric utility facilities, including adequate distances from such facilities, fuel type and moisture content, slope, and setbacks from real estate improvements;

(E)  Exempt broadcast burns conducted within federal and state guidelines

that have a written prescribed fire plan and agricultural burns; and

(F)  Include mechanisms to notify individuals with respiratory conditions, if

requested by the individual, and contiguous landowners of the date, time, and location of slash pile burns.

(III)  Nothing in this paragraph (n.5) infringes upon or otherwise affects the

ability of agricultural producers to conduct burning on their property.

(IV)  A board of county commissioners that has an open burning permit

system on April 13, 2011, need not comply with the requirements of subparagraph (II) of this paragraph (n.5) until the board materially alters the system.

(V)  For purposes of this subsection (1)(n.5):


(A)  Competent evidence includes the use of the national fire danger rating

system, predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity, localized evidence of low fuel moisture content, and any other similar indices or information.

(B)  County that has a substantial forested area means a county that has at

least forty-four percent forest cover as determined by the state forester appointed pursuant to section 23-31-207, C.R.S.

(C)  Open burning means fire that a person starts and that is intentionally

used for forest management.

(D)  Slash means woody material less than six inches in diameter consisting

of limbs, branches, and stems that are free of dirt. Slash does not include tree stumps, roots, or any other material.

(n.7)  To prohibit or restrict the sale, use, and possession of fireworks,

including permissible fireworks, as defined in section 24-33.5-2001 (5) and (11), for a period no longer than one year within all or any part of the unincorporated areas of the county. Such an ordinance shall be in effect for the period between May 31 and July 5 of any year only if the county adopts a resolution specifying that the ordinance remains in effect for such period, which resolution includes an express finding of high fire danger, based on competent evidence, as defined in subsection (1)(n.5) of this section. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the county shall endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. Notwithstanding any other provision of this subsection (1)(n.7), the ordinance remains in effect and is fully enforceable until the restrictions have been rescinded.

(o)  In addition to the authority given counties under sections 30-10-513.5 and

30-15-401.5, to enact ordinances to restrain and punish any person who gives, makes, or causes to be given a false alarm of fire and to assess costs associated with such false alarms;

(o.5)  To provide by ordinance for the regulation and licensing of alarm

systems which transmit information to law enforcement or other public safety officials located within the county;

(p)  In addition to the authority given counties under article 7 of title 29,

C.R.S., and part 7 of article 20 of this title, to establish by ordinance and regulation the fees for certificates, permits, licenses, and passes for users in order to provide the funds for recreational facility development and to offset the costs of emergency search and rescue operations on public lands and the construction, operation, and maintenance of recreation paths on public property; except that areas, lakes, properties, and facilities under the control and management of the division of parks and wildlife shall be exempt from any such fees for certificates, permits, licenses, passes, or any other special charges;

(q)  To provide for and compel the removal of any building or structure,

except for a building or structure on affected land subject to the Colorado Mined Land Reclamation Act, as the term affected land is defined in section 34-32-103 (1.5), C.R.S., or on lands subject to the Colorado Surface Coal Mining Reclamation Act, pursuant to article 33 of title 34, C.R.S., the condition of which presents a substantial danger or hazard to public health, safety, or welfare, or any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including the removal performed by the county upon notice to and failure of the property owner to remove such building or structure, and to assess the whole cost of such removal, including incidental costs and a reasonable fee for inspection which fee shall not exceed five percent of the total amount due in connection therewith, upon the property from which such building or structure has been removed. Any assessment pursuant to this paragraph (q) shall be a lien against such property until paid. If such assessment is not paid within a reasonable time as specified by ordinance, it may be certified by the clerk and recorder to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected.

(r) (I)  To regulate distressed real property by requiring that such real

property be secured, maintained, and insured by the owner of such real property or, if applicable, by a holder of a lien that has taken possession of such real property pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to take possession of or to preserve the real property. The county may require that real property owners, a holder in possession pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to preserve or take possession of real property provide to the county planning and zoning department contact information for the person or entity responsible for the preservation of the real property.

(II)  For purposes of this paragraph (r), distressed real property means any

real property in foreclosure or any vacant or abandoned real property.

(s) (I)  To license and regulate an owner or owner's agent who rents or

advertises the owner's lodging unit for a short-term rental, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. As used in this subsection (1)(s)(I), owner's agent does not include a vacation rental service, except as set forth in subsection (1)(s)(IV) of this section.

(II)  The licensing or regulation under the authority conferred in subsection

(1)(s)(I) of this section does not affect whether a lodging unit is a residential improvement, as defined in section 39-1-102 (14.3).

(III)  To regulate a vacation rental service; except that this authority is limited

to:

(A)  Requiring a vacation rental service that displays a short-term rental

listing for a lodging unit located in the county to require the lodging unit owner or owner's agent to include a local short-term rental license or permit number, if applicable, in any listing for the short-term rental on the vacation rental service's website or other digital platform; and

(B)  Requiring a vacation rental service to remove a listing for a short-term

rental from the vacation rental service's website or other digital platform after notification by the county that the owner of the listed lodging unit has had the owner's local short-term rental license or permit suspended or revoked or has been issued a notice of violation or similar legal process for not possessing a valid local short-term rental license or permit or that the county has a prohibition on short-term rentals that applies to the lodging unit. The notification must identify the listing's uniform resource locator (URL) or other specified digital location to be removed and state the reason for the removal. The vacation rental service shall remove the listing from the website or other digital platform within seven days of receiving the notification from the county.

(IV)  If a vacation rental service provides additional services for the owner

that are related to the owner's lodging unit but unrelated to providing a means of offering the lodging unit for short-term rentals through the person's website or other digital platform, then the board of county commissioners may license or regulate the vacation rental service as an owner's agent under subsection (1)(s)(I) of this section with respect to those additional services.

(V)  To facilitate a vacation rental service's ability to comply with an

ordinance adopted by a county under the authority conferred by subsection (1)(s)(III) of this section, a county, upon request of the owner of a hotel unit that is located in a building with one or more lodging units or a vacation rental service on which a hotel unit that is located in a building with one or more lodging units is listed, shall provide written verification that the hotel unit is exempt from the ordinance because it is not a lodging unit. Multiple hotel units may be included in one request. The written verification provided may include an exemption number or other type of identifier for the hotel unit and a single exemption number or other type of identifier may be used for multiple hotel units.

(s.5)  As used in subsection (1)(s) of this section, unless the context otherwise

requires:

(I)  Hotel unit means a portion of a structure that is:


(A)  Used by a business establishment to provide commercial lodging to the

general public for predominantly overnight or weekly stays;

(B)  Classified as a hotel or motel for purposes of property taxation;


(C)  Not a unit, as defined in section 38-33.3-103 (30), in a condominium; and


(D)  Zoned or otherwise permitted by the local jurisdiction for the use

specified in subsection (1)(s.5)(I)(A) of this section.

(II)  Lodging unit means any property or portion of a property that is

available for lodging; except that the term excludes a hotel unit.

(III)  Short-term rental means the rental of a lodging unit for less than thirty

days.

(IV)  Vacation rental service means a person that operates a website or any

other digital platform that provides a means through which an owner or owner's agent may offer a lodging unit, or portion thereof, for short-term rentals, and from which the person financially benefits;

(t)  To require registration of businesses in the unincorporated portions of the

county; except that such power does not include the power to license, collect a fee, or collect fines for such registrations. The county shall only publish registration information in a manner such that the business type is aggregated and does not allow for segregation of individuals or business who supplied the information.

(1.5)  In addition to any other powers, the board of county commissioners has

the power to adopt a resolution or an ordinance to:

(a)  Regulate the possession or sale of cigarettes, tobacco products, or

nicotine products, as defined by section 18-13-121 (5), to a minor consistent with section 18-13-121 (3);

(b)  Limit smoking, as defined in section 25-14-203 (16), in any manner that is

no less restrictive than the limitations set forth in the Colorado Clean Indoor Air Act, part 2 of article 14 of title 25; and

(c)  License or otherwise regulate the sale of cigarettes, tobacco products, or

nicotine products.

(1.7)  In addition to any other powers, a board of county commissioners may

charge a fee for a local license and adopt resolutions or ordinances to establish requirements on businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or hemp products, as defined in section 25-5-427 (2)(d). A county shall not impose additional food production regulations on hemp processors or hemp products if the regulations conflict with state law.

(2) (a) (I)  Except as provided in subparagraph (II) of this paragraph (a), the

ordinances described in subsection (1) of this section shall apply throughout the unincorporated area of the county including public and state lands and to any incorporated town or city that elects by ordinance or resolution to have the provisions thereof apply.

(II)  The board of county commissioners may designate, by resolution, areas in

the unincorporated territory of the county exclusively within which an ordinance adopted pursuant to this section shall apply. The board shall set forth a rational basis for the designation and hold a public hearing prior to making the designation at which any interested person shall have an opportunity to be heard.

(b)  Any regulation imposed prior to January 1, 1980, by resolution adopted

under any provision of law may, upon suitable accommodation to the pertinent ordinance adoption procedure set forth in this part 4, be reimposed by ordinance. In such cases the resolution shall continue in force and effect until the ordinance which replaces it becomes effective.

(c)  Nothing in this part 4 shall be construed to affect any proceeding arising

under or pursuant to the provisions of law in effect immediately prior to January 1, 1980.

(3)  Paragraph (a) of subsection (1) of this section shall not apply to the

transportation of sludge and fly ash or to the transportation of hazardous materials, as defined in the rules and regulations adopted by the chief of the Colorado state patrol pursuant to section 42-20-104 (1), C.R.S.

(4)  Paragraph (a) of subsection (1) of this section shall not apply to the

transporting of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials which are collected by a city, county, city and county, town, or other local subdivision within its jurisdictional limits, provided every vehicle so engaged in transporting the discarded materials has conformed to vehicle standards at least as strict as those prescribed in subparagraph (II) of paragraph (a) of subsection (1). Such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.

(5)  Any provision of paragraph (a) of subsection (1) of this section to the

contrary notwithstanding, the governing body of a city and county shall not be precluded from adopting ordinances, regulations, codes, or standards or granting permits issued pursuant to home rule authority; except that such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.

(6)  If the board of county commissioners or the governing body of any other

local governmental entity is providing waste services, including the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials, within the limits of any county or other local subdivision on or after April 19, 1994, any private person seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. If a private person or persons are providing waste services within the limits of any county or other local subdivision on or after April 19, 1994, any board of county commissioners or the governing body of any other local governmental entity seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. The public notice shall be given in a local newspaper of general circulation in the area served by the waste service provider. The requirements of this subsection (6) shall not apply to any municipality or city and county subject to subsection (7.5) of this section.

(7) (a)  Notwithstanding any other provision of law, nothing in this section

shall prohibit the providing of waste services by a private person, if that person is in compliance with applicable rules and regulations, within the limits of any municipality, city and county, or special district operating pursuant to article 1 of title 32, if those services also are provided by a governmental body within the limits of that governmental unit. The governmental body may not compel industrial or commercial establishments or multifamily residences of eight or more units to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.

(b)  Subject to the limitation set forth in subsection (6) of this section and

notwithstanding paragraph (a) of this subsection (7) and subsection (7.5) of this section or any other provision of law, nothing in this section shall prohibit the providing of waste services by a private person within the limits of any county or other local subdivision if that person is in compliance with applicable rules and regulations. If services also are provided by a governmental body within the limits of the county or other local subdivision, the governmental body shall not compel any resident, including, but not limited to, an owner or tenant of industrial or commercial establishments or multifamily residences, to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.

(7.5) (a)  Any requirement that municipal residents use or pay user charges

for residential waste services pursuant to paragraph (a) of subsection (7) of this section may be affected by utilization of the initiative and referendum power reserved to the municipal electors in section 1 (9) of article V of the Colorado constitution.

(b)  The governing body of any municipality or city and county that chooses,

after April 19, 1994, to require use of or to commence the imposition of a fee for residential waste services pursuant to paragraph (a) of subsection (7) of this section in all or any portion of the jurisdiction, including any portion of the jurisdiction annexed after April 19, 1994, may do so subject to the following requirements:

(I)  The governing body shall provide written notice to any private person who

lawfully provides waste services within the jurisdiction and shall give a six-month public notice in a newspaper of general circulation within the jurisdiction prior to requiring the use or initial imposition of the fee. The notice shall include:

(A)  The date upon which, and the area within the jurisdiction where, requiring

use of or billing for residential waste services will commence; and

(B)  An explanation of the option to request an opportunity to submit a

proposal to provide residential waste services to that area.

(II)  Any person may, within thirty days following publication or receipt of the

notice, request in writing the opportunity to submit a proposal to provide residential waste services within the portion of the jurisdiction where required use of those services or imposition of the fee will commence. A request for an opportunity to submit a proposal shall suspend required use of the services or imposition of the residential waste services fee until a request for proposal process, as set forth in paragraph (c) of this subsection (7.5), is completed. Any person who has requested in writing an opportunity to submit a proposal to provide residential waste services pursuant to this subparagraph (II) is eligible to participate in the proposal process. If no written request is received within the time permitted, the governing body may proceed to require use of or impose a fee for residential waste services without conducting a request for proposal process as set forth in paragraph (c) of this subsection (7.5).

(III)  Any municipality or city and county that complies with paragraph (c) of

this subsection (7.5) shall not be subject to the provisions of section 31-12-119, C.R.S.

(IV)  The requirements set forth in this subsection (7.5) shall not apply to any

municipality or city and county that is legally requiring use of or imposing a fee for residential waste services within its jurisdiction pursuant to paragraph (a) of subsection (7) of this section on April 19, 1994, and, having complied with the notice requirements of subsection (6) of this section applicable at the time of the initiation of such residential waste services, chooses to extend the requirement for use of or imposition of the fee for residential waste services to areas within the jurisdiction that have not been annexed after April 19, 1994.

(c)  The governing body shall conduct any request for a proposal process

required pursuant to this subsection (7.5) as follows:

(I)  The governing body shall mail a request for proposals to all private

persons who are eligible to submit a proposal. The request for proposals shall include a description of the portion of the jurisdiction to which residential waste services will be provided and shall request a proposed price of providing those services.

(II)  When the jurisdiction issuing the request for proposals chooses to submit

a proposal, a certification of an independent auditor stating that the public entity's proposed price is not based on subsidization from entity revenue streams or operations unrelated to the provision of waste services shall be appended to the proposal.

(III)  Following review of all proposals properly submitted, the governing body

shall award a contract for the provision of residential waste services based upon the criteria set forth in the request for proposals.

(d)  As used in this subsection (7.5), residential waste services means the

collection and transportation of ashes, trash, waste, rubbish, garbage or industrial waste products, or any other discarded materials from sources other than industrial or commercial establishments or multifamily residences of eight or more units.

(7.7) (a)  If the governing body of a jurisdiction selects a proposal submitted

by the jurisdiction, any private person who submitted a proposal may request a review of the selection as provided in this subsection (7.7). A request for review shall be submitted to the governing body in writing within ten days following selection of the jurisdiction's proposal. The filing of a request shall suspend the award until the completion of the review provided in this subsection (7.7).

(b) (I)  Upon receipt of a request, the governing body, or its designee, shall

promptly select a reviewing auditor to conduct the review. The reviewing auditor shall commence and complete its review as expeditiously as practicable.

(II)  As a part of that review, the reviewing auditor shall afford the person who

submitted the request for review the opportunity to present the reviewing auditor his or her views with respect to the governing body's determination, subject to any reasonable procedures, guidelines, and limitations as the reviewing auditor may prescribe, including but not limited to requiring that those views be expressed in writing and submitted by a specific date and time. No person shall be permitted to alter any previously submitted proposal in any respect.

(III)  The reviewing auditor shall review each of the proposals submitted, but

the review shall be limited to determining:

(A)  Whether the selection of the jurisdiction's proposal was made in a

manner contrary to the procedure set forth in subsection (7.5) of this section or in the request for proposals;

(B)  Whether the selection of the jurisdiction's proposal was clearly

erroneous in light of the criteria set forth in the request for proposals; and

(C)  Whether the certification of an independent auditor provided pursuant to

subparagraph (II) of paragraph (c) of subsection (7.5) of this section is materially inaccurate.

(IV)  Should the reviewing auditor find that the governing body's selection of

a proposal was improper, the determination of the governing body shall be void, and the governing body shall reconsider as expeditiously as is practicable all proposals timely submitted and determine which proposals it will accept, giving due regard to the determination of the reviewing auditor. No person shall be entitled to alter any previously submitted proposal in any respect. If the reviewing auditor finds that the governing body's selection of a proposal was proper, the selection shall be valid and conclusive and shall not be subject to further challenge or review.

(V)  The reviewing auditor's fee for performing a review pursuant to this

subsection (7.7) shall be paid by the private person requesting the review; except that, if the governing body's selection of a proposal is found to be improper by the reviewing auditor, the municipality or city and county shall pay the fee.

(c)  As used in this subsection (7.7), a reviewing auditor shall be a qualified,

licensed, independent public accountant or public accounting firm selected by the governing body and shall certify to the governing body in writing that it is not being retained currently, has not been retained within the previous five years, and currently has no basis for believing it will be retained in the future by the governing body, any persons who have submitted proposals, or, to the accountant's or firm's knowledge after due inquiry, any of the governing body's or person's affiliates, partners, or relatives for the performance of accounting or other services.

(8)  No ordinance, resolution, rule, regulation, service, function, or exercise of

an authorized power pursuant to this section or section 30-11-101 (1)(f) or (1)(g) or 30-11-107 (1)(u), (1)(w), (1)(y), (1)(z), or (1)(bb) or 25-1-508 (5)(g) or (5)(j), C.R.S., shall apply within the corporate limits of any incorporated municipality, nor to any municipal service, function, facility, or property whether owned by or leased to the incorporated municipality, outside the municipal boundaries, unless the municipality consents. If the municipality consents that any ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall apply within the municipality or to municipal services, functions, facilities, or property outside the municipal boundaries, such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall be uniform within the municipality and the applicable unincorporated areas of the county, unless the county and the municipality agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.

(9) (a)  No ordinance, resolution, rule, regulation, service, function, or exercise

of an authorized power pursuant to this section shall apply within the jurisdictional boundaries of any special district enumerated in this subsection (9), nor to any special district service, function, facility, or property whether owned by or leased to the special district outside the special district boundaries if such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power would duplicate or interfere with any service or facility authorized and provided by such special district or contravene any power authorized and exercised by such special district, unless the county is specifically empowered by law to exercise authority with respect thereto, or the county and the special district agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.

(b)  For purposes of this subsection (9), special district means any special

district established pursuant to article 1 of title 32, C.R.S., the three lakes water and sanitation district established pursuant to article 10 of title 32, C.R.S., the urban drainage and flood control district established pursuant to article 11 of title 32, C.R.S., any metropolitan sewage disposal district established pursuant to part 4 of article 4 of title 32, C.R.S., any drainage district established pursuant to article 20 of title 37, C.R.S., the Cherry Creek basin water quality authority established pursuant to article 8.5 of title 25, C.R.S., any regional service authority established pursuant to article 7 of title 32, C.R.S., and the regional transportation

C.R.S. § 30-15-401.5

30-15-401.5. Fire safety standards. (1) In addition to any other powers granted by the general assembly, the board of county commissioners of each county has the power to adopt ordinances to provide for minimum fire safety standards which shall be modeled upon those contained in the uniform fire code, including the table of contents, indices, appendices, and tables, as promulgated by the international conference of building officials, the international fire code institute, and the western fire chiefs association.

(2)  A board of county commissioners may adopt such ordinances only after it

has approved the formation of and received the recommendations of a permanent commission, to be known as the fire code adoption and revision commission. The commission shall consist of the board or its designees, the fire chiefs whose departments or districts lie partially or wholly within the portion of the affected county encompassed by the proposed fire code, and such other members as the board may appoint. Members of the commission appointed by the board shall serve at the pleasure of the board. Members of the commission shall receive no compensation or reimbursement of expenses for their services on the commission.

(3)  Such ordinances shall apply to all or a portion of the unincorporated area

of the county and any incorporated town or city which elects by ordinance or resolution to have the provisions thereof apply.

(4)  A fire protection district or county improvement district providing fire

protection services may propose fire code provisions for its district that may be different from the minimum fire safety standards adopted by the county. Such provisions shall be effective within the petitioning fire protection district or county improvement district providing fire protection services only upon the approval of the board.

(5)  No fire code provisions adopted pursuant to this section shall apply

within any municipality unless the governing body of the municipality adopts a resolution stating that such provisions shall be applicable within its boundaries.

(6)  The provisions of subsection (3) of this section shall not apply to farms or

ranches.

(7)  Fire protection districts organized pursuant to article 1 of title 32, C.R.S.,

and county improvement districts providing fire protection services organized pursuant to part 5 of article 20 of this title shall enforce the fire safety standards adopted by county ordinances within the fire district's jurisdiction. The county commissioners may contract with an enforcement agency for areas of the county not receiving fire protection.

(8)  Nothing in this section shall be construed to affect the validity of any

ordinance adopted by a board of county commissioners before July 1, 1985.

(9)  Nothing in this section shall be construed to require a board of county

commissioners to provide fire protection services to any area of the county or to require a board of county commissioners to adopt fire safety standards.

(10)  Notwithstanding any other provision of this section, no fire protection

district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

Source: L. 85: Entire section added, p. 1061, � 1, effective July 1. L. 90: (4) and

(7) amended, p. 1459, � 3, effective March 22. L. 96: (1) amended and (10) added, p. 282, � 1, effective April 11. L. 2007: (10) amended, p. 493, � 3, effective August 3. L. 2017: (10) amended, (SB 17-222), ch. 245, p. 1028, � 5, effective August 9.

C.R.S. § 30-15-401.7

30-15-401.7. Determination of fire hazard area - community wildfire protection plans - adoption - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that:

(I)  Community wildfire protection plans, or CWPPs, are authorized and

defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148, referred to in this section as HFRA. Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities themselves in a CWPP. The wild land-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process.

(II)  The development of a CWPP can assist a local community in clarifying

and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires.

(III)  The adoption of a CWPP brings many benefits to the state and adopting

local community, including:

(A)  The opportunity to establish a locally appropriate definition and

boundary for the wildland-urban interface area;

(B)  The opportunity to study the effect of fire ratings and combustibility

standards for building materials used in wildland-urban interface areas;

(C)  The establishment of relations with other state and local government

officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries;

(D)  Specialized natural resource knowledge and technical expertise relative

to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and

(E)  Statewide leadership in developing and maintaining a list or map of

communities at risk within the state and facilitating work among federal and local partners to establish priorities for action.

(IV)  CWPPs give priority to projects that provide for the protection of at-risk

communities or watersheds or that implement recommendations in the CWPP.

(V)  CWPPs assist local communities in influencing where and how federal

agencies implement fuel reduction projects on federal lands and how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community.

(VI)  The development of CWPPs promotes economic opportunities in rural

communities.

(b)  By enacting this section, the general assembly intends to facilitate and

encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires.

(2)  As used in this section, unless the context otherwise requires:


(a)  CWPP means a community wildfire protection plan as authorized and

defined in section 101 of Title I of the federal Healthy Forests Restoration Act of 2003, Pub.L. 108-148.

(b)  Fire hazard area means an area mapped by the Colorado state forest

service, identified in section 23-31-302, C.R.S., as facing a substantial and recurring risk of exposure to severe fire hazards.

(3) (a)  Not later than January 1, 2011, the board of county commissioners of

each county, with the assistance of the state forester, shall determine whether there are fire hazard areas within the unincorporated portion of the county.

(b)  Not later than one hundred eighty days after determining there are fire

hazard areas within the unincorporated portion of a county, the board of county commissioners, in collaboration with the representatives of the organizations or entities enumerated in section 23-31-312 (3), C.R.S., that established the guidelines and criteria, shall prepare a CWPP for the purpose of addressing wildfires in fire hazard areas within the unincorporated portion of the county. In preparing the CWPP, the board shall consider the guidelines and criteria established by the state forester and such representatives pursuant to section 23-31-312 (3), C.R.S.

(c)  Notwithstanding any other provision of this section, a county that has

already prepared a CWPP or an equivalent plan as of August 5, 2009, and, in connection with such preparation, considered the guidelines and criteria established by the state forester and designated representatives pursuant to section 23-31-312 (3), C.R.S., shall not be required to prepare a new CWPP to satisfy the requirements of this section.

Source: L. 2009: Entire section added, (SB 09-001), ch. 30, p. 125, � 2,

effective August 5.

C.R.S. § 30-20-503

30-20-503. Definitions. As used in this part 5, unless the context otherwise requires:

(1) (a) (I) (A)  An elector of a district is a person who, at the designated time

or event, is registered to vote in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S.; and

(B)  Who is a resident of the district or the area to be included in the district;

or

(C)  Who or whose spouse or civil union partner owns taxable real or personal

property within the district or the area to be included in the district whether or not said person resides within the district.

(II)  Where the owner of taxable real or personal property specified in sub-subparagraph (C) of subparagraph (I) of this paragraph (a) is not a natural person,

an elector of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one such person may be designated by an owner.

(b)  A taxpaying elector of a district is an elector of a district who or whose

spouse or civil union partner owns taxable real or personal property within the district or the area to be included within the district, whether or not said person resides within the district. Where the owner of taxable real or personal property specified in this paragraph (b) is not a natural person, a taxpaying elector of the district shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one person may be designated by an owner.

(c)  A person who is obligated to pay general taxes under a contract to

purchase real property within the district shall be considered an owner within the meaning of this subsection (1). The ownership of property on which a specific ownership tax is paid pursuant to law shall not qualify a person as an elector nor as a taxpaying elector. Taxable property means real or personal property subject to general ad valorem taxes.

(d)  Registration pursuant to the general election laws or any other laws shall

not be required.

(2)  Governing body means a board of county commissioners in a county.


(3)  Improvement district, referred to in this part 5 as a district, means a

taxing unit that may be created by any county in this state for the purpose of constructing, installing, acquiring, operating, or maintaining any public improvement or for the purpose of providing any service so long as the county that forms the district is authorized to perform such service or provide such improvement under the county's home rule charter, if any, or the laws of this state, and except as otherwise provided in this subsection (3). Public improvement or service shall not include any facility identified in section 30-20-101 (8) or (9), nor shall the terms include services identified in section 30-15-401 (4) to (7.7) unless the district provides such services consistent with part 4 of article 15 of this title. No such district shall provide the same improvement or service as an existing special district within the territory of such existing special district unless the existing special district consents. A district may consist of noncontiguous tracts or parcels and may be organized wholly or partially within an existing special district if it is not providing the same service as the special district. For purposes of this part 5, a district may be created by or within a county for the purpose of constructing, installing, acquiring, operating, maintaining or providing fire protection regardless of whether or not the county is authorized to provide fire protection improvements or services. For purposes of this subsection (3), fire protection shall have the same meaning as firehouses, equipment, and firefighters as described in section 30-35-201 (22).

(4)  Publication, if no manner of publication is specified, means publication

once a week for three consecutive weeks in a newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the three consecutive weeks, but not less than fourteen days, excluding the day of first publication, shall intervene between the day of the first publication and the day of the last publication, and publication shall be complete on the day of the last publication.

Source: L. 68: p. 162, � 3. C.R.S. 1963: � 36-25-3. L. 69: p. 234, � 1. L. 70: p.

141, � 10. L. 71: p. 336, � 2. L. 81: Entire section amended, p. 1454, � 1, effective May 27. L. 85: (5) amended, p. 1069, � 1, effective April 24. L. 90: (3) amended, p. 1458, � 1, effective March 22. L. 96: (1)(a) amended, p. 1767, � 60, effective July 1. L. 99: (3) amended, p. 506, � 1, effective April 30. L. 2002: (1)(a) and (1)(b) amended, p. 267, �� 1, 2, effective August 7. L. 2005: (3) amended, p. 265, � 1, effective August 8. L. 2014: (1)(a)(I) and (1)(b) amended, (HB 14-1164), ch. 2, p. 57, � 8, effective February 18.

Cross references: (1)  For definitions applicable to this part 5, see � 30-26-301 (2)(d).


(2)  For the legislative declaration in HB 14-1164, see section 1 of chapter 2,

Session Laws of Colorado 2014.

C.R.S. § 30-20-512

30-20-512. General powers of district. (1) The district has the following limited powers:

(a)  To have perpetual existence;


(b)  To have and use a corporate seal;


(c)  To sue and be sued, and be a party to suits, actions, and proceedings;


(d)  Except as otherwise provided in this part 5, to enter into contracts and

agreements affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities. A notice shall be published for bids on all construction contracts for work or material, or both, involving an expense of one thousand dollars or more. The district may reject any and all bids, and if it appears that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.

(e)  To borrow money and incur general obligation indebtedness and evidence

the same by bonds, certificates, warrants, notes, and debentures in accordance with the provisions of this part 5 and to issue revenue bonds or special assessment bonds in accordance with the provisions of this part 5;

(f)  To acquire, construct, install, operate, and maintain the improvements or

provide the services contemplated by this part 5, including improvements located outside the boundaries of the district, and all property, rights, or interest incidental or appurtenant thereto, and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith; but any improvement or service, other than described in the organization petition, shall be first approved by either a petition signed by not less than fifty percent of the taxpaying electors in the district or by election;

(g)  To refund any general obligation indebtedness, revenue bonds, or special

assessment bonds of the district without an election; otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds of the district;

(h)  To have the management, control, and supervision of all the business and

affairs of the district and of the acquisition, construction, installation, operation, and maintenance of district improvements or the provision of services;

(i)  To have and exercise the power of eminent domain in the same manner

provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers granted in this part 5;

(j)  To construct and install improvements across or along any public street,

alley, or highway, and to construct works across any stream of water or watercourses. However, the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as completely or unnecessarily to impair the usefulness thereof. The use and occupation of streets, alleys, and highways, and the construction or installation of improvements by any district, shall be in accordance with the provisions of all applicable county resolutions and with such reasonable rules and regulations as may be prescribed by the governing body of the county.

(k)  To fix, and from time to time to increase or decrease, rates, tolls, or

charges for any revenue-producing services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district. Until paid, all rates, tolls, or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the state of Colorado for the foreclosure of mechanics' liens. With respect to revenue-producing services or facilities, the board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls, or charges, or for delinquencies in the payment of taxes levied pursuant to this part 5, and shall prescribe and enforce rules and regulations for connecting with and disconnecting from such services and facilities.

(l)  To adopt and amend bylaws, not in conflict with the constitution and laws

of the state or with the resolution of the county affected, for carrying on the business, objects, and affairs of the board and of the district;

(m)  To have and exercise all rights and powers necessary or incidental to or

implied from the specific powers granted in this part 5. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5.

(n)  In a district providing fire protection services:


(I)  To create and maintain a firefighters' pension fund, under the provisions

of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.; and

(II)  To adopt and enforce fire codes, as the board deems necessary, but no

such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the portion of the municipality or the county that is within the district's boundaries; except that nothing in this subsection (1)(n) shall be construed to affect any existing fire codes that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no district providing fire protection service shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

(o)  To conduct an election in accordance with articles 1 to 13 of title 1, C.R.S.,

for any purpose the board deems necessary or required.

(2)  A district has the power to construct, maintain, and operate safety

measures that are necessary to allow the county to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S.

Source: L. 68: p. 165, � 12. C.R.S. 1963: � 36-25-12. L. 81: (1)(f) amended, p.

1459, � 4, effective July 1. L. 90: (1)(n) added, p. 1459, � 2, effective March 22. L. 95: (1)(n)(I) amended, p. 1380, � 4, effective June 30. L. 96: (1)(n)(II) amended, p. 283, � 2, effective April 11; (1)(n)(I) amended, p. 941, � 4, effective May 23. L. 99: (1)(e), (1)(f), (1)(g), and (1)(h) amended and (1)(o) added, p. 510, � 7, effective April 30. L. 2006: (2) added, p. 347, � 1, effective August 7. L. 2017: (1)(n)(II) amended, (SB 17-222), ch. 245, p. 1028, � 6, effective August 9.

Cross references: (1)  For the power of eminent domain, see article 1 of title

38; for foreclosure of mechanics' liens, see article 22 of title 38.

(2)  For the legislative declaration contained in the 1995 act amending this

section, see section 1 of chapter 254, Session Laws of Colorado 1995.

C.R.S. § 30-25-106

30-25-106. Fund - purposes. (1) The board of county commissioners is authorized to appropriate money from the county general fund for all ordinary county expenses, including the administrative expenditures of elective and appointive offices, library, agricultural extension service, fire protection, fairs, advertising, airports, health, rodent control, water conservation, weed control, pest control, predatory animal control, and all other general county purposes authorized by law, except expenditures for public welfare, roads and bridges, debt service, public hospitals, public works, contingencies, and purposes voted by the electors.

(2)  The board of county commissioners is authorized to appropriate money

from the general fund derived from federal payment in lieu of taxes to public school districts containing lands from which the payment is derived.

(3)  Notwithstanding the provisions of subsection (1) of this section, the board

of county commissioners is authorized to transfer money from the county general fund to the county road and bridge fund created in section 43-2-202 if the governor declares, by executive order or proclamation, a disaster emergency in the applicable county pursuant to section 24-33.5-704 (4). The board of county commissioners is authorized to make the transfers until eight years after the date of the governor's declaration of an emergency in the county. The eight years begins the day after the date of the governor's final declaration of an emergency for the disaster, including all extensions to the declaration. Any county general fund money transferred into the county road and bridge fund must be used for the purposes of disaster response and recovery in a manner consistent with the permissible uses of money in the county road and bridge fund.

Source: L. 51: p. 294, � 2. CSA: C. 45, � 7(2). CRS 53: � 36-2-6. C.R.S. 1963: �

36-2-6. L. 79: Entire section amended, p. 1152, � 1, effective June 7. L. 2014: (3) added, (SB 14-007), ch. 3, p. 78, � 1, effective February 19. L. 2017: (3) amended, (SB 17-034), ch. 32, p. 90, � 1, effective August 9. L. 2020: (3) amended, (HB 20-1124), ch. 85, p. 340, � 1, effective September 14.

C.R.S. § 31-12-103

31-12-103. Definitions. As used in this part 1, unless the context otherwise requires:

(1)  Adult means any person who has attained his twenty-first birthday.


(2)  Agricultural land means land used for the growing of crops, truck

gardening, the grazing of farm animals, and other agricultural pursuits in contrast to land used for urban development.

(3)  Development standards means the substantive portions of building

codes, zoning ordinances, housing codes, fire district ordinances, subdivision regulations, and any other ordinance, code, or regulation relating to the construction or occupancy of buildings upon land or the preparation of such land for such construction.

(4)  Enclave means an unincorporated area of land entirely contained within

the outer boundaries of the annexing municipality.

(5)  Identical ownership means a situation where each owner has exactly

the same degree of interest in each separate parcel of two or more parcels of land.

(6)  Landowner means the owner in fee of any undivided interest in a given

parcel of land. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate.

(7)  (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, � 2,

effective August 11, 2010.)

(8)  Period of notice for hearing means the time between the effective date

of the resolution establishing the hearing date and the date when such hearing first commences.

(9)  (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, � 2,

effective August 11, 2010.)

(10)  Quasi-municipal corporation means a corporation vested with the

municipal powers for the accomplishment of a limited municipal purpose, including but not limited to domestic water districts, metropolitan districts, sanitation districts, water and sanitation districts, fire protection districts, recreation districts, and disposal districts.

(10.5)  Registered elector shall have the same meaning as set forth in

section 1-1-104 (35), C.R.S.

(11)  Resident means one who makes his primary dwelling place within the

area proposed to be annexed.

(12)  Taxpayer means any person who has paid or becomes liable for ad

valorem taxes on real property located in the area proposed to be annexed during a specified period of time.

(13)  Urban development means the construction on land of improvements

for residential, institutional, commercial, industrial, transportation, public flood control, and recreational and similar uses, in contrast to use of the land for growing crops, truck gardening, grazing of farm animals, and other agricultural pursuits. The term also applies to vacant ground which has been or is being prepared for urban development by such steps as subdivision into lots or plots and blocks, installation of water and sewer lines, construction of access streets, and construction of railroad spur or branch tracks.

Source: L. 75: Entire title R&RE, p. 1076, � 1, effective July 1. L. 2010: (7) and

(9) amended and (10.5) added, (HB 10-1259), ch. 211, p. 913, � 2, effective August 11.

Editor's note: This section is similar to former � 31-8-103 as it existed prior to

1975.

C.R.S. § 31-15-605

31-15-605. Single exit in multifamily residential structure - report - definition - repeal. (1) Subject to the conditions set forth in subsections (2), (3), and (5) of this section and notwithstanding any other provision of law, on or before December 1, 2027, the governing body of a subject jurisdiction shall adopt a building code, or amend the subject jurisdiction's existing building code, to allow a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as that building:

(a)  Is constructed of materials that satisfy international building code type I,

type II, or type IV construction standards;

(b)  Is protected throughout, including at each landing of the exit stairway,

with an automatic sprinkler system that is designed and installed in accordance with the international building code;

(c)  Has no more than twenty feet of travel to the exit stairway from the exit

or entry door of any dwelling unit;

(d)  Has no more than one hundred twenty-five feet of travel to the exit

stairway from any point in a dwelling unit;

(e)  Except as provided in subsection (1)(f) of this section, does not have a

floor with a square footage greater than four thousand feet and has an exit stairway that is at least forty-eight inches wide;

(f)  Does not have a floor with a square footage greater than six thousand

feet and has an exit stairway whose width is equal to or greater than a number of inches that is in the same ratio to forty-eight as the square footage of the floor is to four thousand but that is less than fifty-four inches;

(g)  Has no more than four dwelling units per story;


(h)  Only has openings to the exit stairway enclosure that allow exit access

from normally occupied spaces, exit access from the exit stairway enclosure to another protected exit component, and access to the exterior from the exit stairway enclosure;

(i)  Is fully protected throughout all common areas with smoke detection in

accordance with the National Fire Protection Association's standard 72, known as the National Fire Alarm and Signaling Code, and the international fire code;

(j)  Does not have electrical receptacles in an exit stairway enclosure;


(k)  Does not have publicly accessible electrical receptacles in corridors

between dwelling units and the exit stairway;

(l)  Has, in accordance with the international building code, an emergency

escape and rescue opening on every floor;

(m)  Has an exit stairway that is constructed in accordance with the

international building code;

(n)  Has a fire-resistant box that contains keys to access the building and the

dwelling units in the building, is accessible to relevant firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway;

(o)  Has an exit stairway that is protected with two-hour fire-rated stair

construction regardless of construction type;

(p)  Has an exit stairway that is wide enough to allow simultaneous ingress

and egress;

(q)  Has passive and active fire protection features in occupiable spaces

throughout the building, including individual dwelling units, that are periodically inspected and maintained by a third party approved by the subject jurisdiction;

(r)  Has corridors that all have a minimum of one hour of fire resistance, in

accordance with the international building code;

(s)  Has elevator and exit stairway enclosures that all have smoke control

systems, in accordance with the international fire code;

(t)  Has elevators that are all within two-hour shaft enclosures, in accordance

with the international building code;

(u)  Does not allow storage, including the storage of deliveries, trash, and

recycling, within the space between dwelling unit doors and the exit stairway; and

(v)  Does not have more than one story below grade plane.


(2)  To satisfy the requirements of subsection (1) of this section, the

governing board of a subject jurisdiction may incorporate by reference, or adapt and adopt into the subject jurisdiction's building code, language from a portion of an existing building code of any other American jurisdiction that allows a single exit to serve no more than five stories including any occupiable roof of a group r-2 occupancy in the same building, so long as the incorporated, adapted, or adopted language would satisfy the requirements of this section.

(3)  A subject jurisdiction shall coordinate with the applicable fire protection

district, fire department, or fire authority to ensure, in accordance with standards established in the international building code and international fire code, that, for a building that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Aerial apparatus of the applicable fire protection district, fire

department, or fire authority can reach the highest point of the building;

(b)  The site design allows for direct vertical access to the roofline and all

upper floors from at least one of the required aerial access sides using an aerial apparatus deployed from ground level; and

(c)  The site design provides unobstructed aerial apparatus access

deployment or positioning.

(4)  In addition to the requirements described in subsection (1) of this section,

if a building has been constructed with a single exit, the building's landlord, manager, or owner shall conduct inspections of the building's dwelling units, in addition to third-party inspections, and permission for the inspections shall be included in the lease agreements for each dwelling unit.

(5)  If a fire protection district or fire department does not serve an entire

subject jurisdiction, the governing board of that subject jurisdiction may satisfy the requirements of subsection (1) of this section by adopting or amending the subject jurisdiction's existing building code insofar as it applies only to the portion of the subject jurisdiction that is served by a single fire protection district or fire department.

(6)  The adoption of a building code, or the amendment of a subject

jurisdiction's existing building code, by the governing body of a subject jurisdiction to comply with subsection (1) of this section, is not adopting or enforcing a building code for purposes of determining whether a governing body of a municipality is required to adopt and enforce an energy code pursuant to section 31-15-602.

(7)  A subject jurisdiction shall include the local International Association of

Fire Fighter's affiliate, if one exists, within the subject jurisdiction's jurisdiction and the Colorado Professional Fire Fighters Association on the list of persons to provide notice of meetings pursuant to section 24-6-402 (7) with respect to the discussion of adopting or amending a building code pursuant to subsection (1) of this section.

(8)  Nothing in this section requires the governing body of a subject

jurisdiction to amend a subject jurisdiction's zoning code with respect to multifamily residential housing.

(9)  Nothing in this section prevents a subject jurisdiction, fire protection

district, fire department, or fire authority from applying and enforcing a locally adopted life safety code. A locally adopted life safety code may include, but is not limited to, standards governing emergency vehicle site access, fire hydrant spacing, and landscape clearance.

(10)  A subject jurisdiction shall ensure that a building that serves no more

than five stories of a group r-2 occupancy and satisfies the requirements of this section:

(a)  Retains its legal occupancy status, even if a future building code adopted

by the subject jurisdiction would disallow the construction of that building; and

(b)  If that building is damaged or destroyed, the subject jurisdiction shall

allow the building to be rebuilt according to the same standards that were in place when the subject jurisdiction issued the original construction permit for the building; except that:

(I)  The building shall satisfy standards established by the federal Americans

with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.;

(II)  Any alteration to the building that constitutes a substantial improvement

under the national flood insurance program established in 42 U.S.C. sec. 4001 et seq., shall comply with current requirements of the national flood insurance program;

(III)  Any structural modifications to the building must comply with structural

design load and safety requirements in the applicable building code; and

(IV)  The reconstruction of the building must comply with state or local

building codes that enhance health, safety, welfare, or energy efficiency.

(11) (a)  On or before December 1, 2028, and each December 1 thereafter, a

subject jurisdiction shall report to the state demography office in the department of local affairs, in a form and manner determined by the state demography office, concerning the previous twelve months:

(I)  The number of permits that the subject jurisdiction issued for the

construction of buildings with a single exit that serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section; and

(II)  For each building that the subject jurisdiction issued a permit as

described in subsection (10)(a)(I) of this section:

(A)  The number of dwelling units in the building;


(B)  The number of stories that the building has;


(C)  The gross building area; and


(D)  The total number of emergency incidents, including fire and medical

calls, that occurred, as reported by the relevant emergency dispatch center.

(b) (I)  Prior to January 2032, the department of local affairs shall consult with

the Colorado Professional Fire Fighters Association concerning the implementation of this section.

(II)  In January 2032, the department of local affairs shall include, as part of

its presentation during its SMART Act hearing required by section 2-7-203, information concerning the implementation of this section.

(12)  Nothing in this section prevents a governing body of a subject

jurisdiction from allowing any type of building with group r-2 occupancy to be served by a single exit in accordance with an edition of the international building code published by the International Code Council on or after January 1, 2027.

(13)  Nothing in this section prevents the governing body of a subject

jurisdiction from applying sections of the international building code, the international fire code, referenced standards, and other ordinances or laws not specifically referenced in this section to a building served by single exit.

(14)  As used in this section, unless the context otherwise requires:


(a)  Dwelling unit means a single unit providing complete, independent

living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(b)  Group r-2 occupancy means a residential occupancy containing

sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.

(c)  International building code means the most current edition of the

international building code published by the International Code Council.

(d)  International fire code means the most current edition of the

international fire code published by the International Code Council.

(e)  Subject jurisdiction means a municipality:


(I)  With a population of one hundred thousand or greater; and


(II)  That is served by a fire protection district, fire department, or fire

authority that has been accredited by the Commission on Fire Accreditation International, even if the fire protection district, fire department, or fire authority later loses that accreditation, and that meets the aerial apparatus requirements for the fire protection district's, fire department's, or fire authority's Insurance Services Office public protection classification rating.

(f)  Two-hour fire-rated stair construction means continuous wall, floor, or

roof assemblies enclosing a stairway that are designed to restrict the spread of fire, excessive heat, or hot gases, such that the construction continues to perform its structural function for at least two hours as determined by test procedures set forth in American Society for Testing and Materials standard E-119, Underwriters Laboratories standard 263, or other methods approved by the relevant subject jurisdiction.

(15)  This section is repealed, effective July 1, 2037.


Source: L. 2025: Entire section added, (HB 25-1273), ch. 188, p. 831, � 2,

effective May 13.

Cross references: For the legislative declaration in HB 25-1273, see section 1

of chapter 188, Session Laws of Colorado 2025.

PART 7

PUBLIC PROPERTY AND IMPROVEMENTS

C.R.S. § 31-25-403

31-25-403. Definitions. As used in this part 4, unless the context otherwise requires:

(1)  Improvements means improvements of any kind or nature necessary or

convenient to the operation of municipal streets as a pedestrian mall, including but not limited to paving, sidewalks, curbs, gutters, sewers, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, ponds, lakes, vehicular parking areas, retaining walls, landscaping, tree planting, statuaries, fountains, commercial buildings and facilities, decorative structures, benches, rest rooms, child care facilities, display facilities, information booths, public assembly facilities, and other structures, works, or improvements necessary or convenient to serve members of the public using such pedestrian mall and including the reconstruction or relocation of existing municipally-owned works, improvements, or facilities on such municipal streets.

(2)  Intersecting street means any street which meets or crosses a

pedestrian mall at a mall intersection but includes only those portions thereof on either side of a mall intersection which lie between the mall intersection and the first intersection of the intersecting street with a municipal street or highway open to vehicular traffic. If any portion of a pedestrian mall terminates on a street at a place thereon other than a place of intersection with a municipal street or state highway open to vehicular traffic, intersecting street also includes that portion of any street which lies between such place of termination and the first intersection of such street with a municipal street or state highway open to vehicular traffic. Intersecting street also includes any other street or portion thereof which the governing body, in a measure duly adopted as provided in this part 4, declares to be such.

(3)  Mall intersection means any intersection of a municipal street which

constitutes a part of a pedestrian mall with any other street, which intersection is itself part of the pedestrian mall.

(4)  Municipal street means a street which exists within the municipal

boundaries of a municipality except those designated as state highways by a duly constituted authority. If a state highway is contemplated to be used as part of a pedestrian mall, the transportation commission is authorized to remove the classification of a state highway from such part to be used as a pedestrian mall and to cede complete jurisdiction to the municipality by resolution duly adopted if it is satisfied that satisfactory provisions for the routing of traffic through the municipality can be provided by an alternate route or that the part of the state highway proposed for a pedestrian mall is no longer necessary for state highway purposes.

(5)  Public mall, referred to in this part 4 as pedestrian mall, means one or

more municipal streets or portions thereof on which vehicular traffic is or is to be restricted in whole or in part and which is or is to be used exclusively or primarily for pedestrian travel, although such mall may have other improvements constructed upon it for appearance and utility.

(6)  Streets, as used in the definitions of the terms municipal street, mall

intersection, and intersecting street in this section, means any public street, road, highway, alley, lane, sidewalk, right-of-way, court, way, or place of any nature open to the use of the public and held by the public for street and road purposes, whether the same was acquired in fee or by grant of dedication or easement or by adverse use.

Source: L. 75: Entire title R&RE, p. 1182, � 1, effective July 1. L. 91: (4)

amended, p. 1069, � 42, effective July 1.

Editor's note: This section is similar to former � 31-25-403 as it existed prior

to 1975.

C.R.S. § 31-30-1102

31-30-1102. Definitions. As used in this part 11, unless the context otherwise requires:

(1)  Board means the board of trustees of the volunteer firefighter pension

fund that is created in a municipality or district under this part 11.

(2)  District means a fire protection district or county improvement district

in this state having fire department members and offering fire protection services, and any county that provides funding, including volunteer pension funding, through intergovernmental cooperation for the provision of fire protection services.

(3)  Fire and police pension association means the association created by

section 31-31-201.

(4)  Fire department member means a volunteer firefighter who is in a fire

department that serves a municipality, county, or district and who accrues benefits in the volunteer firefighter pension fund.

(5)  Fund means the volunteer firefighter pension fund provided in this part

11.

(6)  Municipality means a municipality in this state that maintains a

regularly organized volunteer fire department and that offers fire protection services.

(7)  Plan means a program of benefits provided under this part 11.


(7.5)  Previous net valuation means an amount equal to the total valuation

for assessment certified by the county assessor pursuant to section 39-5-128, and amended pursuant to section 39-1-111 (5), less the valuation for assessment that has been divided for the county revitalization area pursuant to section 30-31-109 (13), an urban renewal area pursuant to section 31-25-107 (9), or a downtown development authority pursuant to section 31-25-807 (3) for the property tax year in which the municipality or district made a contribution to the fund. If the total valuation for assessment certified by the county assessor, as amended, does not include the valuation for assessment that has been divided for an urban renewal area, such urban renewal valuation for assessment shall not be subtracted from the total valuation for assessment.

(8)  Retired fire department member means a volunteer firefighter who is

not on active duty and who receives pension benefits from the volunteer firefighter pension fund.

(9) (a)  Volunteer firefighter means a firefighter who renders service to a

fire department in a municipality, county, or district, who does not receive compensation as a firefighter, and who is not classified as an employee for purposes of the federal Fair Labor Standards Act of 1938, as amended, based on payments, fees, or benefits that the firefighter receives. Volunteer firefighter may include other designations or titles given to firefighters provided that the firefighter meets all of the requirements for being a volunteer firefighter in this part 11.

(b)  For the purposes of this subsection (9), compensation does not include:


(I)  Actual expenses incurred by and reimbursed to a volunteer firefighter;


(II)  (Deleted by amendment, L. 2010, (SB 10-021), ch. 17, p. 79, � 1, effective

August 11, 2010.)

(III)  Participation in or receipt of benefits from the fund;


(IV)  Participation in or receipt of benefits upon termination of volunteer

services to any district or municipality provided as part of an internal revenue code qualified volunteer service award plan established for the benefit of volunteer firefighters;

(V)  Payments from federal moneys, either through the district or municipality

or to the volunteer firefighter directly, for participation in a temporary emergency incident;

(VI)  Nominal fees or benefits paid on a per-call basis or as part of an annual

merit or recognition award program or other incentive award program.

Source: L. 95: Entire part added, p. 1364, � 2, effective June 5. L. 96: (3)

amended, p. 941, � 5, effective May 23. L. 2006: (7.5) added, p. 1422, � 1, effective June 1. L. 2007: (2), (4), and (9) amended, p. 315, � 1, effective April 2. L. 2010: (9) amended, (SB 10-021), ch. 17, p. 79, � 1, effective August 11. L. 2024: (7.5) amended, (HB 24-1172), ch. 387, p. 2681, � 11, effective August 7.

Cross references: (1)  For the internal revenue code referred to in subsection

(9)(b)(IV), see the federal Internal Revenue Code of 1986, as amended.

(2)  For the federal Fair Labor Standards Act of 1938, see 29 U.S.C. sec. 201

et seq.

C.R.S. § 31-30-1105

31-30-1105. Board - fire protection district. (1) In a fire protection district, the board must consist of the following members:

(a)  The board of directors of the fire protection district for terms equal to

their tenure on the fire protection district board;

(b)  The treasurer of the board of the fire protection district who shall be

treasurer of the fund for a term equal to the treasurer's tenure on the fire protection district board; and

(c) (I)  Prior to August 15, 2010, two fire department members elected by the

fire department members for two-year terms; except that, at the initial election, one member shall be elected for two years and one member for one year. In all subsequent elections, these members shall be elected for two years.

(II) (A)  On and after August 15, 2010, two individuals elected from one or

more of the following groups to the extent such groups exist at the time of election: Fire department members, retired fire department members, or retired fire department members returned to active service pursuant to section 31-30-1132. All members in each group existing at the time of election shall be given the opportunity to vote for the two individuals. The two individuals shall serve for two-year terms; except that, at the initial election, one individual shall be elected for two years and one individual for one year. In all subsequent elections, these individuals shall be elected for two years.

(B)  Nothing in sub-subparagraph (A) of this subparagraph (II) shall be

construed to limit the term of a board member elected pursuant to subparagraph (I) of this paragraph (c).

(2)  The board shall elect a president and secretary from its members.


(3)  The treasurer of the board shall obtain a bond paid from the fund in an

amount determined by the board.

Source: L. 95: Entire part added, p. 1365, � 2, effective June 5. L. 2010: (1)(c)

amended, (SB 10-021), ch. 17, p. 80, � 2, effective August 11.

C.R.S. § 31-30-1110

31-30-1110. Property tax - other tax revenue. (1) The governing body of a municipality with a population of less than one hundred thousand, the board of directors of each fire protection district, the board of county commissioners, or the board of a county improvement district may levy and set apart a tax for each year of not more than one mill on the taxable property in the municipality, county, or district. The governing body or board shall contribute the proceeds of this tax, if any, to the municipality's, county's, or district's fund. The total tax levied under this section and section 31-30.5-403 (1), if any, for a fire department that has both paid and volunteer firefighters must not exceed one mill on the taxable property in the municipality, county, or district. Any new tax or an increase in the mill levy under this section shall comply with the voter approval requirements under section 20 of article X of the state constitution.

(2)  The governing body of a municipality with a population of less than one

hundred thousand, the board of directors of a fire protection district, the board of county commissioners, or the board of a county improvement district may contribute the proceeds of any other tax that the municipality, county, or district is authorized to collect to the municipality's, county's, or district's fund.

Source: L. 95: Entire part added, p. 1367, � 2, effective June 5. L. 96: Entire

section amended, p. 941, � 6, effective May 23. L. 2006: Entire section amended, p. 1422, � 2, effective June 1. L. 2007: Entire section amended, p. 316, � 2, effective April 2.

C.R.S. § 31-30-1122

31-30-1122. Retirement pension. (1) The board of a municipality, with the prior consent of the municipality's governing body, or the board of a fire protection district or county improvement district may pay a retirement pension to a volunteer firefighter who has twenty years of active service and who is over the age of fifty years. The retirement pension shall be an amount determined by the board of not more than one hundred dollars per month, unless an actuarial review indicates a higher payment is actuarially sound; except that any such amount determined by the board of a municipality shall be made with the prior consent of the municipality's governing body. Pensions that make payments in excess of three hundred dollars per month are subject to the state contribution limitation specified in section 31-30-1112 (2)(b). Except as provided in section 31-30-1132, a volunteer firefighter shall not receive a retirement pension for service in a fire department while the firefighter is an active member of that department. A volunteer firefighter shall maintain a minimum training participation in the fire department of thirty-six hours each year to qualify for retirement benefits. A volunteer firefighter who has served twenty years and who has not reached the age of fifty years may be granted a leave of absence and retain all rights to a retirement pension and is entitled to the retirement pension when the firefighter is fifty years of age.

(2)  Notwithstanding subsection (1) of this section, the board may pay a

retirement pension to a volunteer firefighter who has less than twenty years of active service if the municipality's or district's fund is actuarially sound. The board shall determine the period of active service necessary to qualify for this retirement pension, but in no event shall such period be less than ten years of active service. The board shall not pay this retirement pension until the volunteer firefighter is fifty years of age. The amount of this retirement pension shall be determined by prorating the amount of the retirement pension under subsection (1) of this section based on the volunteer firefighter's years of service.

(3)  Whenever the board increases the retirement pension benefit payable

pursuant to subsection (1) of this section, such increase may also be applied to the pension benefit of any retired volunteer firefighter receiving the pension benefit specified in subsection (1) of this section at the time of such increase. The applicable pro rata share of any such increase, based upon the number of years of service, may also be applied to the pension benefit of any retired volunteer firefighter receiving the pension benefit specified in subsection (2) of this section at the time of such increase. Whenever the board elects to apply any retirement pension increase permitted under this subsection (3), the board shall apply such increase to the retirement pension of all retired volunteer firefighters in a fire department who are eligible for such increase under this subsection (3). Any actuarial review required under subsection (1) of this section shall include the cost of any retirement pension increase permitted under this subsection (3).

Source: L. 95: Entire part added, p. 1374, � 2, effective June 5. L. 97: (1)

amended, p. 169, � 2, effective March 28; (3) added, p. 968, � 1, effective May 22. L. 98: (1) and (2) amended, p. 64, � 2, effective March 23; (1) amended, p. 808, � 3, effective May 26.

Editor's note: Amendments to subsection (1) by House Bill 98-1035 and

House Bill 98-1380 were harmonized.

C.R.S. § 31-30-1125

31-30-1125. Supplemental retirement pension. (1) In addition to the monthly retirement pension provided by section 31-30-1122, the board of a municipality, with the prior consent of the municipality's governing body, or the board of a fire protection district or county improvement district may pay a supplemental monthly retirement pension to a volunteer firefighter who is fifty years of age and who has been in active service more than twenty years if:

(a)  An actuarial review indicates a supplemental monthly pension payment is

actuarially sound; and

(b)  Sixty-five percent of the total number of fire department members and

retired fire department members give prior approval.

(2)  The supplemental monthly pension payment shall not exceed five

percent of the monthly pension payment provided by section 31-30-1122 multiplied by the number of years of active service in excess of twenty years, up to a maximum of ten years; except that the total of the monthly retirement pension payment provided by section 31-30-1122 and the supplemental monthly pension payment shall not exceed an amount that is actuarially sound.

Source: L. 95: Entire part added, p. 1376, � 2, effective June 5. L. 98: (2)

amended, p. 65, � 3, effective March 23.

C.R.S. § 31-30-1128

31-30-1128. Optional survivor benefits. (1) Notwithstanding the provisions of sections 31-30-1126 and 31-30-1127 relating to payment of annuities in the event of the death of a volunteer firefighter in active service, the board in any municipality, with the prior consent of the governing body of such municipality, fire protection district, or county improvement district having a volunteer fire department may provide to the active members of the volunteer fire department the option of having the survivor benefits offered by this section in lieu of the purchase of individual, group, or blanket life, endowment, or annuity or variable annuity insurance pursuant to section 31-30-1114 (1)(a)(I) and (1)(a)(II) and in lieu of the survivor benefits provided to active volunteer firefighters pursuant to sections 31-30-1126 and 31-30-1127 if the following conditions are met:

(a)  Sixty-five percent of the active and retired volunteer firefighters of the

affected volunteer fire department consent in writing to the option provided by this section;

(b)  An actuarial review by an independent actuary indicates the option

provided by this section is actuarially sound and will not impair the ability of pension funds to pay the annuities to a beneficiary or to pay pensions; and

(c)  If a municipality intends to provide the option provided by this section, the

governing body of the municipality consents to the option.

(2)  The governing body of a municipality or the board of a fire protection

district or county improvement district having a volunteer fire department that intends to provide the option provided by this section shall determine whether the survivor benefits are allowed only if the volunteer firefighter dies while on duty and shall determine the benefit amount equal to up to one hundred percent of the amount of the pension the volunteer firefighter would have been entitled to under this part 11 if the volunteer firefighter had retired immediately before the volunteer firefighter's death. If survivor benefits are provided pursuant to subsection (1) of this section to the members of a volunteer fire department and if a volunteer firefighter who is a member of such fire department dies on duty or, if authorized by the governing body or board, off duty, a spouse, dependent child, or dependent parent of the volunteer firefighter or, lacking such dependents, any other beneficiary who is a natural person and who has been designated by the volunteer firefighter shall receive a monthly annuity in the amount determined pursuant to this subsection (2).

(3)  If survivor benefits are provided pursuant to subsection (1) of this section,

the board shall pay the annuity authorized by this section to the designated beneficiary or to the legal guardian of the designated beneficiary who is a child under the age of eighteen as follows:

(a)  Until the death of the beneficiary;


(b)  If the beneficiary is a child under the age of eighteen, until the death of

the child or until the child is eighteen years of age;

(c)  If the beneficiary is a full-time student in an educational or vocational

institution, until the beneficiary is twenty-three years of age;

(d)  If the beneficiary is the surviving spouse, until the surviving spouse

remarries; or

(e)  Until the proceeds of the insurance policies provided in subsection (4) of

this section and the accrued interest on such insurance proceeds are exhausted.

(4)  To pay the costs of the option provided pursuant to this section, the

board shall insure members of the volunteer fire department by insurance policies of individual, group, or blanket life, endowment, or annuity insurance or variable annuity insurance. The pension fund must be the beneficiary of these insurance policies, and the proceeds of these insurance policies shall be paid to the board as an addition to the fund. Payment of the premiums on these policies shall be paid from the existing pension fund assets, from additional local contributions made to the existing pension fund for payment of the premiums, or both; except that, notwithstanding the provisions of section 31-30-1112 concerning the amount of state contributions to the pension fund, additional state contributions shall not be made to the existing pension fund assets for payment of the premiums on these policies or as a result of additional local contributions made to the existing pension fund for payment of the premiums.

(5)  If survivor benefits are provided pursuant to subsection (1) of this section

and if a volunteer firefighter terminates active duty before retirement, the board may allow the firefighter to purchase any insurance policy that was purchased pursuant to subsection (4) of this section at a price equal to the cash value of the policy. If the firefighter does not purchase the policy, the board shall surrender the policy for its cash value. Moneys obtained by the board pursuant to this subsection (5) shall be deposited in the pension fund and used to pay the costs of the survivor benefits provided pursuant to this section.

(6)  The survivor benefits provided pursuant to subsection (1) of this section

may be terminated at any time by either:

(a)  A vote to terminate by the governing body of the municipality or the

board of the fire protection district or county improvement district having a volunteer fire department;

(b)  A vote to terminate approved by sixty-five percent of the members of the

volunteer fire department.

Source: L. 95: Entire part added, p. 1377, � 2, effective June 5.

C.R.S. § 31-30-1132

31-30-1132. Retired firefighter - return to active service - benefits. If the governing body of any municipality, fire protection district, or county improvement district, by resolution, determines that a fire department is in need of additional volunteer firefighters, a retired fire department member shall be eligible to serve as an active volunteer firefighter of such fire department. Any retired fire department member who, subsequent to retirement, serves as an active volunteer firefighter for a fire department pursuant to this section shall continue to receive pension benefits from the volunteer firefighter pension fund under this article during the period in which the person is an active volunteer firefighter of the fire department. During the period such person is receiving a pension and acting as an active volunteer firefighter pursuant to this section, such person shall not receive service credit for the purpose of increasing such pension.

Source: L. 97: Entire section added, p. 169, � 1, effective March 28. L. 2005:

Entire section amended, p. 776, � 62, effective June 1.

C.R.S. § 31-30-1303

31-30-1303. Group health insurance plan. (1) The governing body of an emergency service provider may enter into insurance contracts with carriers to provide group health insurance plans for its bona fide volunteers. The cost of the plans, sources of funding, amount of contributions required from bona fide volunteers, coverage parameters, and eligibility requirements shall be negotiated by the governing body and the carrier. Nothing in this section shall be construed to preclude a governing body from participating in an insurance pool or from allowing its bona fide volunteers to participate in the group health insurance plan offered to the paid employees of the governing body.

(2)  The administration and management of a group health insurance plan

shall be the exclusive responsibility of the carriers of the plan.

(3)  This section shall apply only to bona fide volunteers deemed to be active

and in good standing by the emergency service provider.

Source: L. 2008: Entire part added, p. 580, � 3, effective August 5.

ARTICLE 30.5

Fire - Police - Old Hire Pension Plans

Editor's note: This article was added with relocations in 1996 containing

provisions of some sections formerly located in parts 3 to 10 of article 30 of this title. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

PART 1

GENERAL PROVISIONS

31-30.5-101.  Legislative declaration. (1)  The general assembly finds and

determines that police officers, in saving and protecting the lives and property of the citizens and residents of the state of Colorado, are performing state duties and are rendering services of special benefit to this state and that it is the province, right, and obligation of the state of Colorado to care for members of the police force who are entitled to retirement because of length of service or old age or because they have been injured or disabled in service and also to care for the spouses, dependent parents, and dependent children of such police officers.

(2)  The general assembly further finds and determines that the

establishment of firefighters' pension plans in this state is a matter of statewide concern that affects the public safety and general welfare.

Source: L. 96: Entire article added with relocations, p. 856, � 1, effective May

23.

Editor's note: This section was formerly numbered as � 31-30-301.


31-30.5-102.  Definitions. As used in this article 30.5, unless the context

otherwise requires:

(1)  Affiliated board means any board affiliated, as specified in section 31-31-701, with the fire and police pension association created in section 31-31-201.


(1.5)  Board means the board of trustees established as the governing body

of the firefighters' or police officers' old hire pension fund as provided in sections 31-30.5-202 and 31-30.5-203.

(2)  Employer means any municipality in this state offering police or fire

protection service employing one or more members and any special district or county improvement district in this state offering fire protection service employing one or more members.

(3)  Fund means the applicable firefighters or police officers' pension fund

created in section 31-30.5-201.

(4)  Member means an active employee who is a full-time salaried

employee of a municipality, fire protection district, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the employee's employer. The term does not include clerical or other personnel whose services are auxiliary to police or fire protection.

(5)  Old hire member means a member meeting the requirements of section

31-30.5-103 (1) who is not otherwise excluded from an old hire pension plan coverage under section 31-30.5-103 (2).

Source: L. 96: Entire article added with relocations, p. 857, � 1, effective May

1. L. 2009: (1) amended and (1.5) added, (HB 09-1030), ch. 16, p. 89, � 2, effective August 5. L. 2025: IP amended and (5) added with relocations, (SB 25-275), ch. 377, p. 2091, � 271, effective August 6.

   Editor's note: Subsection (5) is similar to former � 31-30.5-103 (3) as it existed prior to 2025.

   31-30.5-103. Applicability. (1) (a) Except as provided in subsection (2) of this section, every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or before April 7, 1978.

   (b) In addition to paragraph (a) of this subsection (1), every employer in this state shall provide the applicable pension benefits of the old hire police or fire pension plan established by this article for members hired on or after April 8, 1978, but before January 1, 1980, if:

   (I) The member has prior service as a firefighter or police officer in the state of Colorado;

   (II) The current employer approved coverage under its old hire pension plan or any other local plan;

   (III) The member contributed to the old hire pension fund of the current employer the amount of money that the member would have paid if all the member's prior service had been as an employee of the current employer, such makeup contribution to have been paid over a three-year period; and

   (IV) The member requested such coverage, in writing, on or before December 31, 1981.

   (2) The following members, otherwise eligible to participate in an old hire pension plan pursuant to subsection (1) of this section shall be exempt from participation:

   (a) Members covered under an exempt pension plan established by part 8 of this article;

   (b) Members who, pursuant to the affiliation of their old hire pension plan with the fire and police pension association as provided by section 31-31-701, elect to become covered under the provisions of the defined benefit component of the statewide retirement plan, established by article 31.5 of this title; and

   (c) Members covered under the federal Social Security Act, unless their employer also provides supplemental retirement benefits under an old hire pension plan.

   (3) Repealed.

   Source: L. 96: Entire article added with relocations, p. 857, � 1, effective May 23. L. 2014: (2)(b) amended, (SB 14-031), ch. 52, p. 247, � 8, effective March 20. L. 2024: (2)(b) amended, (HB 24-1042), ch. 15, p. 36, � 2, effective March 6. L. 2025: (3) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

   Editor's note: (1) This section was formerly numbered as � 31-30-1003.

   (2) Subsection (3) was relocated to � 31-30.5-102 in 2025.

PART 2

ADMINISTRATION

31-30.5-201.  Funds created. (1)  There is created and established in each

employer having fire department old hire members, a pension fund to be known as the firefighters' old hire pension fund.

(2)  There is created and established in each employer having police

department old hire members, a pension fund to be known as the police officers' old hire pension fund.

Source: L. 96: Entire article added with relocations, p. 858, � 1, effective May

23.

Editor's note: Provisions of this section were formerly numbered as �� 31-30-501 and 31-30-601.


31-30.5-202.  Board of trustees - firefighters' old hire pension fund. (1)  The

general supervision, management, and control of the firefighters' old hire pension fund shall be vested in a board of trustees.

(2)  In any municipality having a population of less than one hundred

thousand, the board shall consist, except as provided in subsection (6) of this section, of the mayor, the municipal treasurer or finance officer, one other person appointed by the governing body of such municipality, and three active or retired old hire members of the fire department serving the municipality who shall be elected by the active and retired old hire members of the fire department. The terms of office on the board shall be: The mayor of the municipality, during tenure in office; the treasurer or finance officer, during tenure in office; the appointed citizen, to be designated by the governing body of the municipality at time of appointment; the three active or retired old hire members of the fire department, to be elected for terms of three years, but at the initial election to be conducted to elect old hire members of the fire department, one old hire member shall be elected for a three-year term, one old hire member for a two-year term, and one old hire member for a one-year term. Thereafter, such old hire members shall be elected for three-year terms. Said board shall elect from its number a president and secretary. The municipal treasurer or finance officer shall be ex officio treasurer of the board.

(3) (a)  In any municipality having a population of at least one hundred

thousand, the board shall be composed of the mayor, the manager of safety, the manager of revenue, the chief of the fire department, and the city auditor or such persons performing the duties of the above-named officers, and also two active or retired old hire members of the fire department to be selected as provided in paragraph (b) of this subsection (3).

(b)  During the month of July in each year, the chief officer of the fire

department shall conduct an election by secret ballot, at which election all active and retired old hire members of the fire department shall be eligible to vote, for the purpose of determining membership on the board. In the first election so held, two old hire members shall be elected, the member receiving the highest number of votes being elected for a term of two years and the member receiving the next highest number of votes being elected for a term of one year. Upon election, such members shall be certified as members of the board and shall take office on the August 1 following their election. In subsequent elections, only one old hire member shall be elected for a term of two years, and the member receiving the highest number of votes in each subsequent election shall be certified as a member of the board and shall take office on the August 1 following the member's election. In case any old hire member so elected to the board becomes unable or ineligible to serve on the board by reason of death, disability, or for any other cause, a special board election shall be held to fill the vacancy so created for the remainder of the unexpired term.

(c)  The board shall select from their number a president and a secretary, and

the manager of revenue, or the person performing the duties thereof, shall be ex officio treasurer of said board and custodian of all funds coming into its hands.

(4)  In fire protection districts, except as provided in subsection (6) of this

section, the board shall consist of the board of directors of the fire protection district, the treasurer of the board of the fire protection district to be treasurer of the fund, and two active or retired old hire members of the fire department. The trustees shall serve terms of office on the board as follows: The president for the term of office, the treasurer for tenure in office, and two active or retired old hire members for two-year terms of office. Initial election of the old hire members of the fire department shall be conducted to elect one old hire member for two years and one old hire member for one year.

(5)  In county improvement districts, the board shall consist of one member of

the governing board of the county in which the district is located, the county treasurer or finance officer, three residents of the county obligated to pay real or personal property taxes, and two active or retired old hire members of the fire department. The trustees shall serve terms of office on the board as follows: Members of the governing board, during their tenure in office; the county treasurer, during the treasurer's tenure in office; and the two active or retired old hire members of the fire department for two-year terms of office.

(6)  Notwithstanding the provisions of subsections (2), (3), and (4) of this

section, any municipality or fire protection district, with the concurrence of a majority of the active and retired old hire members voting thereon, may by ordinance or resolution create the board to administer the fund if the number of employer representatives on such board equals the number of member representatives on such board; except that, if fewer than two old hire members are available or willing to serve on such board, the number of employer representatives may exceed the number of member representatives.

(7)  In case of any consolidation or merger of any municipality, fire protection

district, or county improvement district with one or more municipalities, fire protection districts, or county improvement districts, the former trustees of the various firefighters' pension funds of such consolidated or merged political subdivisions shall, with due regard to equal representation, elect seven persons from their number to serve as trustees of the old hire firefighters' pension fund of said merged or consolidated fund, not more than three of whom shall be old hire members, and the former trustees not so elected to serve shall cease to hold office. The trustees of said consolidated fund shall elect from their number a president, secretary, and treasurer.

(8)  The treasurer of the board, in addition to any custodian appointed by the

board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund and shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board or any member thereof or any other interested person. The treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of said fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.

Source: L. 96: Entire article added with relocation, p. 858, � 1, effective May

1. L. 2003: (2) and (3)(a) amended, p. 826, � 1, effective April 1. L. 2005: (2), (3)(b), (4), and (5) amended, p. 134, � 1, effective August 8.

   Editor's note: Provisions of this section were formerly numbered as �� 31-30-402 (1)(a), (1)(b), (2)(a), (2.5), and (3), 31-30-411, and 31-30-502.

   31-30.5-203. Board of trustees - police officers' old hire pension fund. (1) The general supervision, management, and control of the police officers' old hire pension fund shall be vested in a board of trustees.

   (2) In any municipality having a population of less than one hundred thousand, unless it is a home rule city or town that provides for the composition of the board by charter or ordinance, the board shall consist of the mayor, the municipal treasurer, the clerk, and one active old hire member of the police department who shall be elected by the active old hire members of the department; except that, if there are no active old hire members available or willing to serve on such board, such board shall consist of the mayor, the municipal treasurer, and the clerk. Said board shall select from their number a president and a secretary. The municipal treasurer shall be ex officio treasurer of said board and custodian of all funds coming into the treasurer's hands.

   (3) In any municipality having a population of at least one hundred thousand, the board shall consist of such persons or officials as may be designated by the charter and ordinances thereof.

   (4) The treasurer of the board, in addition to any custodian appointed by the board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund, shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board, any member thereof, or any other interested person. Said treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of the fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.

   Source: L. 96: Entire article added with relocations, p. 861, � 1, effective May 23.

   Editor's note: Provisions of this section were formerly numbered as �� 31-30-304, 31-30-305 (1), and 31-30-612.

   31-30.5-204. Powers and duties of the board. (1) The board shall:

   (a) Promulgate all necessary rules, not inconsistent with the provisions of this article, for managing and discharging its duties and for its own government and procedure in so doing and for the preservation and protection of the fund.

   (b) Hear and decide all applications for relief, pensions, annuities, retirement, or other benefits under the provisions of this article. Action on such applications shall be final and conclusive; except that, when, in the opinion of the board, justice demands that said action should be reconsidered, the same may be reversed by said board.

   (c) Keep and preserve a record of actions taken by the board and of all other matters properly before said board.

   (d) Make an annual report to the governing body of the employer of the condition of the fund in August of each year.

   (2) The board has power to compel witnesses to attend and testify before it upon all matters connected with the provisions of this article in the same manner as is or may be provided by law. The president of said board or any member thereof may administer oaths to such witnesses.

   (3) The board has the power to draw on the fund for the payment of expenses attributable to the administration of the fund, the payment of benefits, and for the purpose of investing all or any part of the fund as permitted by part 5 of this article.

   (4) The board may designate one or more financial institutions as custodian of the fund. Such persons shall give surety bonds in such amounts and form and for such purposes as the board requires. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund and the custodian shall maintain a current inventory of all investments of the fund.

   (5) In municipalities that prescribe the composition of the board for the police officers' old hire pension fund by ordinance or charter, the board shall have such additional powers and duties as may be provided by the charter and ordinances of such municipalities.

   Source: L. 96: Entire article added with relocations, p. 862, � 1, effective May 23.

   Editor's note: Provisions of this section were formerly numbered as �� 31-30-305 (4), 31-30-312 (1) and (2), 31-30-403 (3)(a), 31-30-502 (1)(b), and 31-30-615.

   31-30.5-205. Attorneys to advise. It is the duty of the attorneys for the employer to advise the boards on all matters pertaining to their duties and management of the fund when required to do so. Such attorneys shall represent and defend the boards as their attorneys in all suits or actions at law or in equity that may be brought against them and bring all suits and actions in their behalf that may be required or determined upon by said boards. In the event of a conflict between a board and an employer, the board may obtain legal counsel to represent the board in any such action at the expense of the board.

   Source: L. 96: Entire article added with relocations, p. 863, � 1, effective May 23.

   Editor's note: This section was formerly numbered as � 31-30-414.

   31-30.5-206. Warrants drawn. It is the duty of such officers of the municipality, fire protection district, or county improvement district as are designated by law to draw warrants on the treasurer of said municipality, fire protection district, or county improvement district on orders by the board, to draw warrants thereon, payable to the treasurer of said board for all funds belonging to the fund.

   Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23.

   Editor's note: This section was formerly numbered as � 31-30-410 (1).

   31-30.5-207. Method of payment. All moneys ordered to be paid from the fund to any person shall be paid by the treasurer only upon the warrant signed by the president of said board and countersigned by the secretary thereof. No warrant shall be drawn except by order of the board after having been duly entered on the records of the proceedings of the board.

   Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23.

   Editor's note: This section was formerly numbered as � 31-30-410 (2).

   31-30.5-208. Fund not subject to levy. Except for assignments for child support purposes as provided for in sections 14-10-118 (1) and 14-14-107, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, for payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S., and for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property or in the event of a judgment for a willful and intentional violation of fiduciary duties pursuant to this article where the offender or a related party received direct financial gain, no portion of the fund, before or after its order for distribution by the board to the persons entitled thereto, shall be held, seized, taken, subjected to, detained, or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or process or proceeding whatsoever issued out of or by any court of this state for the payment or satisfaction, in whole or in part, of any debt, damage, claim, demand, or judgment against the employer or the beneficiary of the fund. Said fund shall be held and distributed for the purposes of this article and for no other purpose whatsoever.

   Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23; entire section amended, p. 627, � 45, effective July 1; entire section amended, p. 1464, � 13, effective January 1, 1997. L. 2005: Entire section amended, p. 75, � 12, effective August 8.

   31-30.5-209. Idle funds. (1) If the governing body of a municipality, by resolution, finds that no person named in this article is, and no such person can become, eligible for payment of a benefit from the municipality's police officers' old hire pension fund established pursuant to section 31-30.5-201 (2), it may authorize use of the money in the fund to make contributions to the defined benefit system trust fund pursuant to part 3 of article 31.5 of this title 31, to make contributions to a police benefit fund established pursuant to section 31-31-601 (1)(b), as said section existed prior to its repeal, or to make contributions under the federal social security laws if the municipality's police officers are covered by the social security laws. To the extent that money in the fund exceeds three times the present yearly employer contribution to any of the preceding benefit funds on behalf of the municipality's current police officers, such excess may be used for any law-enforcement-related purpose. If the municipality does not employ any police officer, the governing body may authorize use of the money in the fund for any law-enforcement-related purpose. In addition, any money in the fund that is attributable to contributions by the municipality and to interest on such contributions may be used for any police-related purpose and, if no such police-related need exists, then for any purpose as decided by the governing body of the municipality. For the purposes of this subsection (1), contracting with the county or county sheriff for law enforcement service shall not be considered employment of a police officer.

   (2) If the governing body of a municipality, fire protection district, or county improvement district, by resolution, finds that no person named in this article is, and no such person can become, eligible for payment of a benefit from the employer's firefighters' old hire pension fund, it may authorize use of the money in the fund to make contributions to the defined benefit system trust fund pursuant to part 3 of article 31.5 of this title 31 or to make contributions under the federal social security laws if the employer's firefighters are covered by the social security laws. In addition, any money in the fund that is attributable to contributions by the municipality or district and to interest on such contributions may be used for any fire-related purpose and, if no such fire-related need exists, for any purpose as decided by the governing body of the municipality or district.

   (3) (a) At least sixty days before adoption of a resolution permitted by subsection (1) or (2) of this section, the governing body of the municipality or district shall publish one notice in a newspaper having general circulation within the municipality or district and shall provide a copy of such published notice to the board of directors of the state fire and police pension association established pursuant to section 31-31-201 (1). The notice shall state the intent of the governing body to use the money in the fund for the purposes permitted in this section. The notice shall state that persons who believe they are or may be entitled to benefit payments from the fund shall have fifty days from the date of the notice in which to file an objection, in writing, with the governing body regarding its proposed use of the fund. If any such written objection is received, the governing body shall hold a public hearing before adoption of any resolution under this section with prior published notice of the time and place of the hearing as well as written notice of such hearing mailed, by certified mail, to each person filing a written objection.

   (b) If, within one year after adoption of a resolution pursuant to this section, any person establishes a claim to a benefit from the fund, the municipality or district shall repay to the fund any money expended from such fund pursuant to this section, and no such additional expenditures shall be made from the fund.

   (4) (a) (I) Notwithstanding the provisions of subsections (1) and (2) of this section and subject to the provisions of paragraph (c) of this subsection (4), if no members are active participants in an employer's old hire pension plan established under this article, the governing body of the employer, by resolution, may authorize the use of the excess balance in the plan fund for the purposes permitted in subsections (1) and (2) of this section. If a governing body authorizes the use of the excess balance under this subsection (4), the employer shall maintain the plan fund at a level equal to at least two times the amount necessary to fund the benefit liabilities of any persons continuing to receive benefits from the plan fund.

   (II) For purposes of this paragraph (a), excess balance means the amount in an old hire plan fund in excess of two times the amount necessary to fund the benefit liabilities of persons continuing to receive benefits from the plan fund, as determined by the plan's actuary. In determining the excess balance in an old hire plan fund, the actuary shall utilize the assumptions approved by the board of directors of the fire and police pension association pursuant to section 31-30.5-306 (2)(b).

   (b) Notwithstanding the provisions of subsections (1) and (2) of this section and paragraph (a) of this subsection (4) and subject to the provisions of paragraph (c) of this subsection (4), if no members are active participants in an employer's old hire pension plan established under this article and the plan provides no rank escalation benefit to persons receiving benefits from the plan fund, the board, after disclosure to the affected retirees, is authorized to use the assets in the plan fund for the purpose of purchasing annuities in amounts sufficient to pay any required benefits, including nondiscretionary cost-of-living adjustments required under the plan, to those persons who continue to receive benefits from the plan fund. If the board purchases annuities for such persons, the governing body of the employer, by resolution, may authorize the use of any additional funds that remain in the plan fund after purchasing such annuities for the purposes permitted in subsections (1) and (2) of this section. Annuities may be purchased pursuant to this paragraph (b) only from insurance companies rated at least A+ by the A.M. Best company or rated at least AA by Standard & Poors Corporation. If there is a default on the payment of benefits resulting from an annuity purchased under this paragraph (b), the employer remains liable to make any required benefit payments to persons for whom the annuities were purchased.

   (c) Moneys in the plan fund in excess of the amount required to purchase annuities as provided in paragraph (b) of this subsection (4), if any, may be used to purchase additional benefits or may be treated as an excess balance as provided in paragraph (a) of this subsection (4).

   Source: L. 96: Entire article added with relocations, p. 864, � 1, effective May 23. L. 97: (4) added, p. 21, � 1, effective July 1. L. 2002: (4)(c) amended, p. 173, � 1, effective October 1. L. 2006: (1) and (2) amended, p. 180, � 3, effective March 31. L. 2008: (4)(c) amended, p. 14, � 2, effective August 5. L. 2014: (4) amended, (SB 14-031), ch. 52, p. 235, � 1, effective March 20. L. 2024: (1) and (2) amended, (HB 24-1042), ch. 15, p. 37, � 3, effective March 6.

   Editor's note: Provisions of this section were formerly numbered as � 31-30-313 (2)(a) and � 31-30-412 (2)(a) to (2)(c).

   31-30.5-210. Plan amendment. (1) No modification of any provision of an old hire pension plan established pursuant to this article may be made after December 1, 1978, except as may be authorized by subsection (2) of this section.

   (2) Upon the request of an employer and with the approval of sixty-five percent of the active and retired old hire members, the board of directors of the fire and police pension association established pursuant to section 31-31-201 (1), shall permit the modification of any provision of an old hire pension plan established pursuant to this article, if the board determines that such modification will maintain or enhance the actuarial soundness, as defined in section 31-31-102 (1), of such fund. In addition, upon the request of an employer, the board shall permit the modification of any provision of an old hire pension plan necessary to comply with state or federal law. Such modification may be made without the approval of the active and retired old hire members. This subsection (2) shall not be construed to authorize the board to allow a modification of any such old hire plan so as to change the nature of the plan from a defined benefit plan to a money purchase plan or to adversely affect the pension benefits of active or retired old hire members.

   Source: L. 96: Entire article added with relocations, p. 865, � 1, effective May 23. L. 2003: (2) amended, p. 827, � 2, effective April 1. L. 2005: (2) amended, p. 135, � 2, effective August 8.

   Editor's note: Provisions of this section were formerly numbered as �� 31-30-805 (10)(a) and 31-30-1005 (6).

   31-30.5-211. Affiliation with the fire and police pension association. Any employer may elect affiliation with the fire and police pension association established by section 31-31-201 (1), relating to an old hire pension plan established pursuant to this article. The procedures for affiliation and other provisions governing the administration of an affiliated plan are set forth in section 31-31-701.

   Source: L. 96: Entire article added with relocations, p. 866, � 1, effective May 23.

   Editor's note: This section was formerly numbered as � 31-30-1003 (3)(a).

   31-30.5-212. Qualification requirements - internal revenue code - definitions. (1) As used in this section, internal revenue code means the federal Internal Revenue Code of 1986, as amended.

   (2) Old hire pension plans shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans.

   (3) A board, as defined in section 31-30.5-102 (1.5), may adopt any provision for an old hire pension plan that is necessary to comply with the internal revenue code.

   (4) (a) The board of directors of the fire and police pension association established by section 31-31-201 may create a master plan document for old hire pension plans and may submit the master plan document to the internal revenue service for a determination of its status as a qualified plan under the internal revenue code. The master plan document shall include provisions necessary to comply with the internal revenue code.

   (b) The board of directors of the fire and police pension association established by section 31-31-201 may:

   (I) Amend the master plan document as may be necessary to comply with the internal revenue code; and

   (II) Require an affiliated board to adopt the master plan document or to obtain internal revenue service approval for its old hire pension plan.

   (c) Nothing in this subsection (4) shall preclude an affiliated board from submitting its plan document to the internal revenue service for a determination of its plan document's status as a qualified plan under the internal revenue code.

   (5) The old hire pension funds established by this article shall be held in trust for the benefit of old hire members and other persons entitled to benefits. No part of the corpus or income of a pension fund shall be used for or diverted to purposes other than for the exclusive benefit of old hire members or other persons entitled to benefits from the pension fund and for expenses incident to operation of the pension fund. No person shall have any interest in or right to any part of the corpus or earnings of the pension trust except as expressly provided, including assignments for child support purposes as provided for in section 14-14-104, C.R.S., child support arrearages as requested as part of an enforcement action under article 5 of title 14, C.R.S., or child support arrearages that are the subject of enforcement services provided under section 26-13-106, C.R.S., income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, and payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S.

   Source: L. 96: Entire article added with relocations, p. 866, � 1, effective May 23. L. 98: (8) amended and (9) and (10) added, p. 24, � 2, effective March 16. L. 2006: (2) amended, p. 180, � 4, effective March 31. L. 2009: Entire section R&RE, (HB 09-1030), ch. 16, p. 89, � 3, effective August 5.

   Editor's note: This section was formerly numbered as � 31-30-324.5.

   31-30.5-213. Dissolution of fire departments. In the event of dissolution, for any reason, of fire departments whereby the services of firefighters or fire departments are discontinued, the firefighters or their surviving spouses, dependent parents, and children receiving benefits at the time of such dissolution shall continue to receive such benefits in accordance with the provisions of this article. Assets of the pension funds shall be transferred with other assets of the department and shall be administered by the board of trustees of the successor pension fund. In no event shall the rate of compensation be altered either after commencement of proceedings for dissolution has occurred or after its completion. After attaining fifty years of age, any firefighter having accrued ten or more years of active service at the time of such dissolution shall be granted an annuity, prorated in accordance with the number of years of service and the amount of annuity being paid for age and service pensions by the board of trustees of such pension fund at the time of such dissolution.

   Source: L. 96: Entire article added with relocations, p. 867, � 1, effective May 23.

   Editor's note: This section was formerly numbered as � 31-30-415 (9).

PART 3

FUNDING - STATE-ASSISTED PLANS

31-30.5-301.  Legislative declaration. The general assembly finds and

declares that the establishment of statewide actuarial standards regarding funded and unfunded liabilities of state-assisted old hire police officers' and firefighters' pension funds established pursuant to this article is a matter of statewide concern affected with a public interest, and the provisions of this part 3 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. The general assembly further declares that state moneys provided to municipalities, fire protection districts, and county improvement districts do not constitute an obligation of the state to participate in the costs of pension plan benefits but are provided in recognition that said local governments are currently burdened with financial obligations relating to pensions in excess of their present financial capacities. It is the intent of the general assembly in providing state moneys to assist said local governments that state participation decrease annually, terminating at the earliest possible date.

Source: L. 96: Entire article added with relocations, p. 867, � 1, effective May

23.

Editor's note: This section was formerly numbered as � 31-30-802.


31-30.5-302.  Definitions.  As used in this part 3, unless the context

otherwise requires:

(1)  Commission means the pension review commission established

pursuant to section 24-51.1-101.

(2)  Employee means any old hire firefighter, except any volunteer

firefighter, or old hire police officer employed by an employer who is eligible for the benefits provided pursuant to this article.

(3)  Employer means any municipality, fire protection district, or county

improvement district employing one or more employees.

(4)  Governing body means the governing body of a municipality, fire

protection district, or county improvement district.

(5)  State-assisted means having received state moneys relating to accrued

unfunded liability.

(6)  Volunteer firefighter has the same meaning as provided in section 31-30-1102 (9).


Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May

1. L. 2014: (5) amended, (SB 14-031), ch. 52, p. 236, � 2, effective March 20. L. 2018: (1) amended, (SB 18-200), ch. 370, p. 2264, � 28, effective June 4.

   Editor's note: This section was formerly numbered as � 31-30-803.

   Cross references: For the legislative declaration in SB 18-200, see section 1 of chapter 370, Session Laws of Colorado 2018.

   31-30.5-303. State assistance - limitation. (Repealed)

   Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May 23. L. 2014: Entire section repealed, (SB 14-031), ch. 52, p. 236, � 3, effective March 20.

   Editor's note: This section was formerly numbered as � 31-30-804.

   31-30.5-304. Limitation on existing funds - procedures. (1) On and after January 1, 1982, every state-assisted old hire police officers' or firefighters' pension plan created pursuant to this article shall be financed in accordance with minimum funding standards prescribed in this part 3. Contributions made pursuant to this section include municipal, special district, and county improvement district contributions, the established employee contribution, and any state contribution.

   (2) (a) Annual contributions to state-assisted old hire police officers' and firefighters' pension funds shall be made in at least the amount determined by the policy set by the board of the fire and police pension association that balances the following considerations: Stabilization of the amount of the annual required contributions over time; keeping the funded ratio of the pension fund from declining; and reducing or eliminating contributions as may be prudent based on actuarial experience. The unfunded accrued liabilities of the plan may be amortized over a period not to exceed the lesser of twenty years or the number of years equal to the average remaining life expectancy of the pension fund's members.

   (b) In addition to the contributions required by paragraph (a) of this subsection (2), the employer shall annually pay any required dollar amount of contributions necessary to fund additional plan benefits adopted under section 31-30.5-210 (2), as established by supplemental actuarial studies on such funds.

   (3) and (3.5) (Deleted by amendment, L. 2014.)

   (4) Repealed.

   (5) (Deleted by amendment, L. 2014.)

   (6) All municipalities, fire protection districts, and county improvement districts, including both paid firefighters and volunteer firefighters in their pension plans, shall segregate the pension funds for paid firefighters and volunteer firefighters on an equitable basis for accounting and actuarial purposes, and said segregation shall be considered in all actuarial reports applicable to such funds. In computing the portion of the fund attributable to volunteer firefighters, the benefits of such volunteer firefighters shall not be reduced or otherwise changed.

   (7) (Deleted by amendment, L. 2014.)

   (8) Every employee employed as a firefighter or police officer for the first time after April 7, 1978, is covered by the benefit provisions set forth in or authorized by article 31 of this title.

   (9) Volunteer firefighters and volunteer firefighter pension funds are exempt from all provisions of this section except subsection (6) of this section.

   (10) (Deleted by amendment, L. 2014.)

   (11) Repealed.

   (12) (Deleted by amendment, L. 2014.)

   (13) The board of any state-assisted old hire pension plan may take, by gift, grant, devise or bequest, any money, personal property, or real estate, or interest therein, as trustees for the uses and purposes for which the fund is created.

   Source: L. 96: Entire article added with relocations, p. 868, � 1, effective May 23. L. 2003: (5)(a)(II) and (5)(b) amended, p. 1472, � 1, effective May 1. L. 2006: (3.5) amended, p. 181, � 5, effective March 31. L. 2009: (5)(a)(II) and (5)(b) amended, (SB 09-227), ch. 125, p. 540, � 1, effective April 16. L. 2011: (5)(a)(II) and (5)(b) amended, (SB 11-221), ch.152, p. 528, � 1, effective May 5. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 237, � 4, effective March 20. L. 2020: (2)(a) amended and (4) and (11) repealed, (HB 20-1044), ch. 105, p. 404, � 1, effective September 14.

   Editor's note: This section was formerly numbered as � 31-30-805.

   31-30.5-305. No change in employer obligation. It is the intention of the general assembly that the minimum funding standards established by this part 3 shall not enlarge nor diminish the obligation of municipalities and fire protection districts to their employees for pension benefits provided pursuant to this article.

   Source: L. 96: Entire article added with relocations, p. 873, � 1, effective May 23.

   Editor's note: This section was formerly numbered as � 31-30-806.

   31-30.5-306. Actuarial studies. (1) An actuarial study of each old hire police officers' and firefighters' pension fund administered by the association shall be conducted not later than July 1, 2014, and an updated actuarial study shall be conducted by the association every two years thereafter until the plan is terminated.

   (2) (a) The association shall designate actuaries or firms of actuaries to supervise, conduct, or review actuarial studies required by this section.

   (b) The fire and police pension association's board of directors shall specify the actuarial assumptions to be used in each such actuarial study.

   (3) Costs of all such actuarial studies are an expense of the old hire plan and the fire and police pension association is authorized to pay for such costs as provided in section 31-31-302 (3).

   (4) (Deleted by amendment, L. 2014.)

   Source: L. 96: Entire article added with relocations, p. 873, � 1, effective May 23. L. 2001: (1)(b) amended, p. 302, � 1, effective August 8. L. 2003: (1)(b)(II) amended, p. 1473, � 2, effective May 1. L. 2006: (1)(b)(II) amended, p. 181, � 6, effective March 31. L. 2009: (1)(b)(II) amended, (SB 09-227), ch. 125, p. 541, � 2, effective April 16. L. 2011: (1)(b)(II) amended, (SB 11-221), ch. 152, p. 529, � 2, effective May 5. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 241, � 5, effective March 20.

   Editor's note: This section was formerly numbered as � 31-30-1014.5.

   31-30.5-307. State contribution. (1) (a) (Deleted by amendment, L. 2014.)

   (b) (I) Each employer having rank escalation and having old hire members shall determine for each such employee the percentage that such employee's years served as of January 1, 1980, bear to the total number of years required for retirement. At retirement, the retirement pension shall be divided into that percentage and the remainder. The portion of the retirement pension equal to that percentage earned as of January 1, 1980, shall be subject to rank escalation as provided under the old hire pension plan, and the remainder of the retirement pension shall be subject to the same adjustment as that determined by the fire and police pension association board of directors pursuant to section 31-31.5-410.

   (II) An employer may elect to continue full rank escalation benefits for that portion of the retirement pension subject to the adjustment as provided in subparagraph (I) of this paragraph (b), but no state contribution shall be used to fund such continuation of rank escalation or any unfunded liabilities incurred as a result of such continuation of rank escalation.

   (c) (Deleted by amendment, L. 2014.)

   (d) Repealed.

   (2) (a) Moneys transferred from the state treasurer as state assistance to the old hire plan members' benefit trust fund shall not revert to the general fund but are continuously available for the purposes provided in this part 3 and part 11 of article 30 of this title.

   (b) No other transfers for state assistance to the old hire plans shall be made to the old hire plan members' benefit trust fund pursuant to this section.

   (2.5) Repealed.

   (3) to (6) (Deleted by amendment, L. 2014.)

   Source: L. 96: Entire article added with relocations, p. 874, � 1, effective May 23. L. 98: (1)(b)(I) amended, p. 826, � 43, effective August 5. L. 99: (2.5) added, p. 1269, � 2, effective August 4. L. 2000: (2.5) repealed, p. 271, � 2, effective March 31. L. 2001: (1)(d) amended and (4) added, p. 302, � 2, effective August 8; (1)(d) repealed, p. 1180, � 18, effective August 8. L. 2003: (1)(a), (1)(c), (2), and (4) amended and (5) added, p. 1473, � 3, effective May 1. L. 2004: (2) amended, p. 1203, � 72, effective August 4. L. 2005: (6) added, p. 756, � 2, effective June 1. L. 2006: (2), (5)(a), (5)(b), and (6) amended, p. 181, � 7, effective March 31. L. 2009: (1)(a), (1)(c), (2), (4), (5)(a), and (5)(b) amended, (SB 09-227), ch. 125, p. 541, � 3, effective April 16. L. 2011: (1)(a), (1)(c), (2), (4), (5)(a)(II), and (5)(b) amended, (SB 11-221), ch. 152, p. 529, � 3, effective May 5. L. 2013: (2) and (3) amended, (SB 13-234), ch. 180, p. 663, � 1, effective May 10. L. 2014: Entire section amended, (SB 14-031), ch. 52, p. 242, � 6, effective March 20. L. 2024: (1)(b)(I) amended, (HB 24-1042), ch. 15, p. 37, � 4, effective March 6.

   Editor's note: (1) This section was formerly numbered as � 31-30-1014 (4), (5), and (7).

   (2) Subsection (1)(d) was amended in House Bill 01-1008. Those amendments were superseded by the repeal of subsection (1)(d) in Senate Bill 01-208.

PART 4

FUNDING - NONSTATE ASSISTED PLANS

31-30.5-401.  Sources of revenue for fund. (1)  Except for state-assisted old

hire police officers' and firefighters' pension plans and those affiliated with the fire and police pension association pursuant to section 31-31-701, each old hire pension fund may consist of:

(a)  All moneys that may be given to such board or fund by any person for the

use and purpose for which

C.R.S. § 31-30-901

31-30-901. (Repealed)

Source: L. 96: Entire part repealed, p. 943, � 10, effective May 23.


Editor's note: This part 9 was added in 1978. For amendments to this part 9

prior to its repeal in 1996, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For provisions relating to police and firefighters' pension

plans, see article 30.5 of this title.

PART 10

MEMBERS' BENEFITS

31-30-1001 to 31-30-1019. (Repealed)


Source: L. 96: Entire part repealed, p. 943, � 10, effective May 23.


Editor's note: This part 10 was added in 1979. For amendments to this part 10

prior to its repeal in 1996, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For provisions relating to police and firefighters' pension

plans, see article 30.5 of this title.

PART 11

VOLUNTEER FIREFIGHTER PENSION ACT

Editor's note: Section 23 of the act enacting this part 11 (chapter 254,

Session Laws of Colorado 1995) provides the following:

(1)  This act shall not affect the terms of members of the boards of trustees

created to administer volunteer firemen's pension funds under part 4 of article 30 of title 31, Colorado Revised Statutes, as in effect before June 5, 1995, in any municipality, fire protection district, or county improvement district in this state that maintains a regularly organized volunteer fire department. On and after June 5, 1995, these board members shall continue their terms and duties on the applicable boards of trustees of the volunteer firefighter pension funds under part 11 of article 30 of title 31, Colorado Revised Statutes, created in this act.

(2)  This act shall not terminate or require transfers of moneys from volunteer

firemen's pension funds governed by part 4 of article 30 of title 31, Colorado Revised Statutes, in effect before June 5, 1995. On and after June 5, 1995, these funds shall remain in effect and be governed by part 11 of article 30 of title 31, Colorado Revised Statutes, created in this act.

Cross references: For the legislative declaration contained in the 1995 act

enacting this part 11, see section 1 of chapter 254, Session Laws of Colorado 1995.

C.R.S. § 31-31-102

31-31-102. Definitions. As used in this article 31, unless the context otherwise requires:

(1)  Actuarially sound means a police officers' or firefighters' pension fund

determined by the board to be receiving or scheduled to receive employer and member contributions in each fiscal year equal to the annual contributions actuarially determined to be necessary to pay the annual current service cost of pension benefits attributable to active employees and to pay the annual contribution necessary to amortize any unfunded accrued liability over a period not to exceed forty years. The actuarial cost method to be utilized shall be the entry age-normal cost method. The date from which unfunded liabilities shall be amortized shall be determined pursuant to part 3 of article 30.5 of this title.

(2)  Board means the board of directors established as the governing body

of the fire and police pension association as provided in section 31-31-201 (2).

(3)  Employer means any municipality in this state offering police or fire

protection service employing one or more members and any special district, fire authority, or county improvement district in this state offering fire protection service employing one or more members.

(4)  Member means an active employee who is a full-time salaried

employee of a municipality, fire protection district, fire authority, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the member's employer. For purposes of the statewide money purchase plan, member also includes an active employee who works less than sixteen hundred hours per year but otherwise qualifies as a member and whose employer elects to treat all such other similar employees as members. The term does not include clerical or other personnel whose services are auxiliary to police protection, or any volunteer firefighter, as such term is defined in section 31-30-1102 (9). For the purpose of participation in the defined benefit component of the statewide retirement plan pursuant to article 31.5 of this title 31 or the statewide money purchase plan pursuant to part 5 of this article 31, but not for the purpose of participation in the statewide death and disability plan pursuant to part 8 of this article 31, the term may include clerical or other personnel employed by a fire protection district, fire authority, or county improvement district, whose services are auxiliary to fire protection. For the purpose of eligibility for disability or survivor benefits, member includes any employee on an authorized leave of absence.

(5)  Money purchase plan or money purchase pension plan means a

retirement plan under which:

(a)  The employer has a fixed obligation to make an annual contribution to the

plan;

(b)  The plan provides for an individual account for each member; and


(c)  The member's benefits are based solely on the amount contributed to the

member's account and any income, expenses, gains, and losses allocated to the member's account.

(5.5)  Old hire member has the meaning set forth in section 31-30.5-102 (5).


(6)  Retired member means any member who is retired, disabled, or eligible

for a benefit as provided in section 31-31.5-401.

Source: L. 96: Entire article added with relocations, p. 893, � 1, effective May

1. L. 98: (5) amended, p. 24, � 3, effective March 16. L. 2001: (3) amended, p. 416, � 1, effective June 1. L. 2003: (4) amended, p. 1231, � 1, effective August 6. L. 2024: IP, (4), and (6) amended, (HB 24-1042), ch. 15, p. 38, � 5, effective March 6. L. 2025: (5.5) added, (SB 25-275), ch. 377, p. 2091, � 272, effective August 6.

   Editor's note: This section was formerly numbered as � 31-30-1002 (1), (2), (4), (5), and (5.5).

PART 2

ADMINISTRATION

C.R.S. § 31-31-1203

31-31-1203. False statement - felony. If, for the purpose of obtaining any order, benefit, award, compensation, or payment pursuant to articles 30, 30.5, and 31 of this title 31, either for self-gain or for the benefit of any other person, a person willfully makes a false statement or representation material to the claim, the person commits a class 6 felony and, upon conviction thereof, shall be punished as provided in section 18-1.3-401, and the person forfeits all right to compensation pursuant to articles 30 and 30.5 of this title 31 and this article 31.

Source: L. 2008: Entire part added, p. 162, � 2, effective August 5. L. 2023:

Entire section amended, (HB 23-1293), ch. 298, p. 1796, � 64, effective October 1.

ARTICLE 31.5

Fire and Police Pension Association of Colorado Statewide Retirement Plan

PART 1

ESTABLISHMENT AND ADMINISTRATION

31-31.5-100.3.  Definitions. As used in this article 31.5, unless the context

otherwise requires:

(1)  Actuarially sound means a police officers' or firefighters' pension fund

determined by the board to be receiving or scheduled to receive employer and member contributions in each fiscal year equal to the annual contributions actuarially determined to be necessary to pay the annual current service cost of pension benefits attributable to active employees and to pay the annual contribution necessary to amortize any unfunded accrued liability over a period not to exceed forty years. The actuarial cost method to be utilized shall be the entry age-normal cost method. The date from which unfunded liabilities shall be amortized shall be determined pursuant to part 3 of article 30.5 of this title 31.

(2)  Association means the fire and police pension association created in

section 31-31-201 (1).

(3)  Board means the board of directors established as the governing body

of the fire and police pension association as provided in section 31-31-201 (2).

(4)  Employer means any municipality in this state offering police or fire

protection service employing one or more members and any special district, fire authority, or county improvement district in this state offering fire protection service employing one or more members.

(5)  Lifetime benefit components means the defined benefit component, the

social security component, and the hybrid component, as described in this article 31.5, collectively.

(6)  Member means an active employee who is a full-time salaried

employee of a municipality, fire protection district, fire authority, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the member's employer. The term does not include clerical or other personnel whose services are auxiliary to police protection, or any volunteer firefighter, as such term is defined in section 31-30-1102 (9). For the purpose of participation in the defined benefit component of the statewide retirement plan pursuant to this article 31.5, or the statewide money purchase plan pursuant to part 5 of article 31 of this title 31, but not for the purpose of participation in the statewide death and disability plan pursuant to part 8 of article 31 of this title 31, the term may include clerical or other personnel employed by a fire protection district, fire authority, or county improvement district, whose services are auxiliary to fire protection. For the purpose of eligibility for disability or survivor benefits, member includes any employee on an authorized leave of absence.

(7)  Money purchase plan or money purchase pension plan means a

retirement plan under which:

(a)  The employer has a fixed obligation to make an annual contribution to the

plan;

(b)  An individual account for each member is provided; and


(c)  The member's benefits are based solely on the amount contributed to the

member's account and any income, expenses, gains, and losses allocated to the member's account.

(8)  Predecessor plans means the statewide defined benefit plan formerly

governed by part 4 of article 31 of this title 31, the statewide hybrid plan formerly governed by part 11 of article 31 of this title 31, and the social security supplemental plan formerly governed by part 7 of article 31 of this title 31.

(9)  Retired member means any member who is retired, disabled, or eligible

for a benefit as provided in section 31-31.5-401.

Source: L. 2025: Entire section added with relocations, (SB 25-275), ch. 377,

p. 2092, � 273, effective August 6.

Editor's note: This section is similar to former � 31-31.5-101 (5) as it existed

prior to 2025.

31-31.5-101.  Establishment of the statewide retirement plan. (1)  The

statewide retirement plan is hereby established to provide defined benefit and money purchase retirement benefits to members of employers affiliated with the plan. Initial employers affiliated with the plan include those departments that participated in the statewide defined benefit plan established pursuant to part 4 of article 31 of this title 31, the statewide hybrid plan established pursuant to part 11 of article 31 of this title 31, and the social security supplemental plan established pursuant to part 7 of article 31 of this title 31 as such plans existed before their merger into the statewide retirement plan pursuant to House Bill 22-1034, enacted in 2022.

(2)  The board is the trustee of the statewide retirement plan, and has those

fiduciary duties to the plan and the members of the plan as expressly provided by law.

(3)  The board, as a fiduciary, may delegate one or more of its responsibilities

under this article 31.5 but shall maintain its responsibility for oversight of the delegation.

(4) (a)  The statewide retirement plan is intended to comply with the

qualification requirements specified in section 401 (a) of the Internal Revenue Code of 1986, as amended and applicable to governmental plans, as defined in section 414 (d) of said code.

(b)  The board may adopt any provision for the plan that is necessary or in the

board's judgment prudent to comply with state or federal law.

(5)  Repealed.


Source: L. 2022: Entire article added, (HB 22-1034), ch. 61, p. 280, � 1,

effective August 10; (1) amended, (SB 22-212), ch. 421, p. 2989, � 98, effective August 10. L. 2023: (5)(f) amended, (HB 23-1301), ch. 303, p. 1840, � 75, effective August 7. L. 2024: (5)(f) and (5)(i) amended, (HB 24-1042), ch. 15, p. 40, � 12, effective March 6. L. 2025: (5) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.

Editor's note: (1)  Subsection (5)(i) was numbered as (5)(g) in HB 22-1034 but

has been renumbered on revision for ease of location.

(2)  Subsection (5) was relocated to � 31-31.5-100.3 in 2025.


31-31.5-102.  Administration of the plan - rules. (1) (a)  Contributions and

earnings to all components of the statewide retirement plan shall be held in trust as part of the defined benefit system trust fund.

(b)  There is hereby established in the defined benefit system trust fund, a

lifetime benefits account into which contributions made pursuant to sections 31-31.5-301, 31-31.5-302, and 31-31.5-303 must be deposited. The defined benefits of the lifetime benefit components, including cost of living adjustments provided by the plan pursuant to part 4 of this article 31.5, together with the expenses of administering the lifetime benefit components of the plan, shall be paid from the account. The lifetime benefits account shall be invested within the fire and police members' benefit investment fund.

(c)  There is established in the defined benefit system trust fund, a money

purchase account into which contributions made pursuant to section 31-31.5-304 must be deposited and assigned to individual accounts and administered pursuant to part 5 of this article 31.5. The board may create subaccounts within the account to adequately track the vesting and the source of money deposited into the account on behalf of each member. The money purchase component account must be invested within the fire and police members' self-directed investment fund.

(d)  The board shall keep an accurate account of the assets and liabilities of

the lifetime benefits account and the money purchase component account.

(2)  The board may adopt by rule such matters as may be necessary to codify

the board's interpretation, administration, and management of the statewide retirement plan.

(3)  The board may provide for the administration of domestic relations orders

issued pursuant to article 10 of title 14 with regard to the plan or its predecessor plans.

Source: Entire article added, (HB 22-1034), ch. 61, p. 282, � 1, effective

August 10.

PART 2

MEMBERSHIP PARTICIPATION

31-31.5-201.  Membership.  Except as otherwise provided in this article 31.5

or article 31 of this title 31, a member whose employer is affiliated with a component of the statewide retirement plan shall participate in the statewide retirement plan on the first day of employment if the employer withholds member contributions on behalf of the member and the applicable forms are completed and submitted to the association.

Source: Entire article added, (HB 22-1034), ch. 61, p. 283, � 1, effective

August 10.

31-31.5-202.  Reentering and affiliating employers. (1)  Members of

employers who reenter or affiliate pursuant to part 7 or part 11 of article 31 of this title 31 shall participate in the statewide retirement plan beginning on the employer's effective date pursuant to rules adopted by the board.

(2)  Members covered by subsection (1) of this section may elect a trustee-to-trustee transfer in order to transfer assets from the predecessor money purchase

plan to the member's individual account established pursuant to part 5 of this article 31.5.

(3)  An active member who is required to transfer money purchase assets to

the statewide retirement plan may also elect to convert the vested proceeds from the predecessor money purchase plan into service credit towards the accrual of benefits under the lifetime benefit components as may be allowed pursuant to the board's rules.

Source: Entire article added, (HB 22-1034), ch. 61, p. 283, � 1, effective

August 10.

31-31.5-203.  Department chief - exemption by written agreement -

definition. (1) A department chief hired on or after April 8, 1978, is exempt from the statewide retirement plan upon the execution of a written agreement between the department chief and the chief's employer that provides for the department chief's participation in social security or in a federal insurance contribution act replacement plan as allowed under rules established by the board and in compliance with the federal Internal Revenue Code of 1986. A department chief may satisfy the federal insurance contribution act replacement plan requirement by participating in an employer sponsored plan, the statewide money purchase plan, or a component of the statewide retirement plan.

(2)  As used in this section, department chief means the senior command

officer of any fire or police department of any employer by whatever title known including but not limited to chief, administrator, or director.

(3)  A department chief exempted pursuant to subsection (1) of this section

may maintain coverage for disability and survivor benefits under part 8 of article 31 of this title 31 if the department chief participates in the statewide money purchase plan, the statewide retirement plan, or a local money purchase plan that is qualified under section 401 (a) of the federal Internal Revenue Code of 1986 and that has a contribution rate of not less than eighteen percent.

Source: Entire article added, (HB 22-1034), ch. 61, p. 284, � 1, effective

August 10. L. 2023: (3) amended, (HB 23-1301), ch. 303, p. 1841, � 76, effective August 7.

31-31.5-204.  Reemployment.  (1)  An inactive member who is subsequently

reemployed shall participate in the plan in the manner prescribed by rules adopted by the board.

(2) (a)  The board shall adopt rules regarding the treatment of a member who

participates in the statewide retirement plan, incurs a bona fide separation from service, elects a retirement, and subsequently returns to work with an employer who participates in the statewide retirement plan in conformance with the federal Internal Revenue Code of 1986, as amended.

(b)  Such rules must indicate:


(I)  Whether the member continues to receive benefit distributions during the

reemployment or whether the member's benefit distribution ceases during reemployment;

(II)  Whether the member earns additional service credit as determined by the

plan in which the subsequent employer participates or whether the member earns additional retirement benefits by participating in an alternate money purchase plan; and

(III)  Whether the benefit distribution, if ceased during reemployment,

resumes when the member subsequently separates from service.

Source: Entire article added, (HB 22-1034), ch. 61, p. 284, � 1, effective

August 10.

PART 3

CONTRIBUTIONS AND SERVICE CREDIT

31-31.5-301.  Defined benefit component minimum contributions. (1)  Every

member covered under the defined benefit component of the statewide retirement plan shall pay into the lifetime benefits account twelve percent of base salary paid or any higher member contribution rate established pursuant to part 6 of this article 31.5. The payment shall be made by the employer by deduction from the salary paid to the member.

(2) (a)  Every employer employing members who are covered by the defined

benefit component of the statewide retirement plan shall pay into the lifetime benefits account nine percent of the base salary paid to the member or any higher employer contribution rate established pursuant to part 6 of this article 31.5. The employer contribution rate shall increase by three percent to be implemented through six annual increases as follows: Beginning in 2023, and each year thereafter through 2028, the employer contribution rate shall increase by an additional one-half of one percent of base salary until the total employer contribution rate, including the cumulative contribution rate increases, is twelve percent of base salary.

(b)  In addition to the rate established in subsection (2)(a) of this section, the

employer contribution rate shall be increased by one percent of base salary to be implemented as follows: Beginning in 2029, and continuing through 2030, the employer contribution rate shall increase by an additional one-half of one percent of base salary in each year for a total of a one percent increase in order to pay for the cost of providing the option to retire contained in section 31-31.5-401 (2)(b).

(3)  After considering the results of the actuarial valuation conducted

pursuant to section 31-31.5-402, if the assets of the lifetime benefit components of the plan combined with projected contributions are sufficient to fully fund the benefits provided for in part 4 of this article 31.5 on an actuarially sound basis plus the projected cost of living adjustments as determined by the board, the board may, in its sole discretion, allocate surplus contributions to the money purchase component pursuant to section 31-31.5-304. The board shall designate whether any such allocation is an employer contribution or a member contribution.

Source: Entire article added, (HB 22-1034), ch. 61, p. 285, � 1, effective

August 10.

31-31.5-302.  Social security component minimum contributions. (1)  This

component covers the members of those employers that have elected coverage under the plan pursuant to section 31-31-704.5.

(2)  Each member shall make contributions at one-half of the member

contribution rate established for the defined benefit component in section 31-31.5-301 by deduction from the salary paid to the member. For each member, the employer shall pay one-half of the employer contribution rate established for the defined benefit component in section 31-31.5-301 including any allocation made to the money purchase component made pursuant to section 31-31.5-301 (3).

Source: Entire article added, (HB 22-1034), ch. 61, p. 285, � 1, effective

August 10.

31-31.5-303.  Hybrid component minimum contributions. (1)  Every employer

shall contribute to the lifetime benefits account eight percent of the base salary of the member. The employer contribution rate shall increase by one percent of base salary to be implemented through eight annual increases as follows: Beginning in 2023, and each year thereafter through 2030, the employer contribution rate shall increase by an additional one-eighth of one percent of base salary until the total employer contribution rate, including the cumulative contribution rate increases, is nine percent of base salary.

(2)  Every member shall contribute to the lifetime benefits account eight

percent of the base salary of the member. The member contribution rate shall increase by one percent of base salary to be implemented through eight annual increases as follows: Beginning in 2023, and each year thereafter through 2030, the member contribution rate shall increase by an additional one-eighth of one percent of base salary until the total member contribution rate, including the cumulative contribution rate increases, is nine percent of base salary. The payment shall be made by the employer by deduction from the salary paid to the member.

(3)  The combined mandatory contributions shall be allocated between the

hybrid component and the money purchase component as determined annually by the board based on the amount required to fund the benefit provided under the hybrid component.

Source: Entire article added, (HB 22-1034), ch. 61, p. 286, � 1, effective

August 10.

31-31.5-304.  Money purchase component contributions. (1)  For members

who elected the money purchase only option upon reentry into a predecessor plan, the contribution rate for employers and members is equal to the contribution rates established in the predecessor plan.

(2)  Contributions, including separate retirement account balances from the

predecessor statewide defined benefit plan established under part 4 of article 31 of this title 31, transfers from the predecessor statewide hybrid plan money purchase accounts, surplus contributions allocated from the defined benefit component contributions pursuant to section 31-31.5-301 (3), the portion of the minimum contributions of hybrid component allocated to the money purchase component pursuant to section 31-31.5-303 (3), increased local mandatory contributions pursuant to section 31-31.5-307, and increased local voluntary contributions pursuant to section 31-31.5-308 must be deposited in the money purchase component.

(3)  The board may provide through rules for rollovers or transfer of funds

from other plans to be deposited in the money purchase component subject to requirements and limits established by the federal Internal Revenue Code of 1986, as amended.

Source: Entire article added, (HB 22-1034), ch. 61, p. 286, � 1, effective

August 10.

31-31.5-305.  Continuing rates of contribution for reentry and affiliating

departments. (1) At the time of reentry or affiliation, the board may establish a continuing rate of contribution for departments reentering or affiliating with the statewide retirement plan in addition to the employer and member contributions otherwise required by this part 3 in order to maintain the actuarial soundness of the plan and the plan for disability and survivors benefits provided for in part 8 of article 31 of this title 31.

(2)  It shall be locally decided during the affiliation process whether the

continuing rate of contribution shall be made by the member or the employer or split equally between the member and the employer.

Source: Entire article added, (HB 22-1034), ch. 61, p. 287, � 1, effective

August 10.

31-31.5-306.  Picked-up contributions. Each employer shall pick up the

mandatory employee contributions required under this part 3, to the extent allowed by the federal Internal Revenue Code of 1986, as amended, and the contributions picked up shall be treated as employer contributions pursuant to section 414 (h)(2) of the federal Internal Revenue Code of 1986, as amended, in determining their income tax treatment. The employer shall pay these employee contributions directly to the association, instead of paying such amounts to the members. Such contributions shall be paid from the same funds that are used in paying salaries to the members. Such contributions, although designated as employee contributions, shall be paid by the employer in lieu of contributions by the members. Members may not elect to choose to receive such contributions directly instead of having them paid by the employer to the plan. Employee contributions so picked up shall be treated for all purposes of this article 31.5, other than federal tax, in the same manner as employee contributions made before the date picked up.

Source: Entire article added, (HB 22-1034), ch. 61, p. 287, � 1, effective

August 10.

31-31.5-307.  Increased local mandatory contribution requirements. (1)  An

employer or active member or both may be required to pay a mandatory contribution rate in excess of the rate established in section 31-31.5-301, 31-31.5-302, or 31-31.5-303 upon enactment by the employer of a resolution or ordinance setting forth the higher contribution rate and approval of the higher rate by at least sixty-five percent of the employer's active members voting for the higher contribution rate.

(2)  An employee who has previously established a mandatory contribution

rate under a local money purchase plan in excess of the mandatory contribution rate may continue the previous contribution rate as an increased contribution rate.

(3)  Upon adoption of a resolution or ordinance, and approval of at least sixty-five percent of the employer's active members voting, a mandatory contribution

rate in excess of the minimum required contribution rate may be reduced to the minimum required contribution rate or the excess above the minimum required contribution rate may be redirected to another available employee benefit.

Source: Entire article added, (HB 22-1034), ch. 61, p. 287, � 1, effective

August 10.

31-31.5-308.  Increased local voluntary contribution requirements. (1)

Active members may make additional after-tax contributions to the money purchase component account under part 5 of this article 31.5. Voluntary member contributions are not subject to the employer pick-up provisions of section 414 (h)(2) of the federal Internal Revenue Code of 1986, as amended.

(2)  Employers may make additional contributions to the money purchase

component account under part 5 of this article 31.5 on behalf of members. Employer voluntary contributions vest on the schedule established in section 31-31.5-501.

Source: Entire article added, (HB 22-1034), ch. 61, p. 288, � 1, effective

August 10.

31-31.5-309.  Remittance of contributions to the association. (1)

Remittances of contributions are due no later than ten days following the date of payment of salary to a member. All remittances of contributions must be credited to the defined benefit system trust fund.

(2)  The payments required by this section are subject to interest as

established by the board if not submitted when due.

Source: Entire article added, (HB 22-1034), ch. 61, p. 288, � 1, effective

August 10.

31-31.5-310.  Service credit purchases. Members participating in the lifetime

benefit components may purchase, including by rollover or transfer of funds, additional defined benefit service credit for other public employment within the United States not covered by the plan, United States uniformed military service, or up to five years of private employment, subject to the limits established by the federal Internal Revenue Code of 1986, as amended, and as may be allowed under the rules and regulations adopted by the board.

Source: Entire article added, (HB 22-1034), ch. 61, p. 288, � 1, effective

August 10.

PART 4

BENEFITS IN THE LIFETIME BENEFIT COMPONENTS

31-31.5-401.  Vesting and benefit eligibility. (1)  A member with five years of

service credit in one or a combination of more than one of the lifetime benefit components is considered vested for purposes of a pension payable from the lifetime benefit components of the statewide retirement plan.

(2)  A member is eligible for a normal retirement when:


(a)  The member has accumulated at least twenty-five years of service credit

and has attained age fifty-five; or

(b)  The member has attained age fifty, the member's combined age and

years of accrued service is equal to at least eighty, and the member is not receiving benefits pursuant to section 31-31-803.

(3)  A vested member who attains age fifty-five is eligible to terminate

service and begin receiving an unreduced benefit. A member who terminates employment before attaining age fifty-five and who has at least five years of service credit may leave contributions in the plan and begin receiving an unreduced benefit upon attaining age fifty-five.

(4)  An active or inactive vested member who is not eligible for normal

retirement, who has attained age fifty, who is not receiving or has terminated benefits pursuant to section 31-31-803, and who has terminated employment is eligible for an early retirement pension. The early retirement pension for a member is the benefit that the member would have received at age fifty-five reduced on an actuarial equivalent basis to reflect the early receipt of the benefit as determined by the board.

(5)  Subject to rules adopted by the board, years of service credit of a

member who is employed by successive employers may be aggregated for determining eligibility and benefits provided by the lifetime benefit components of the statewide retirement plan if the service for each employer was rendered while the employer covered its members under the statewide retirement plan, the predecessor statewide defined benefit plan, or the defined benefit component of the predecessor statewide hybrid plan.

Source: Entire article added, (HB 22-1034), ch. 61, p. 288, � 1, effective

August 10.

31-31.5-402.  Plan funding - actuarial valuation and adjustments to

maintain the actuarial soundness of the plan. (1) The general assembly declares that the rates of member and employer contributions must be adequate to fund benefit liabilities accrued under the statewide retirement plan established by this article 31.5.

(2) (a)  The board shall conduct an annual actuarial valuation of the statewide

retirement plan and shall determine the cost of all benefits of the lifetime benefit components, which may include projected cost of living adjustments for each of the lifetime benefit components. The board shall submit an annual actuarial valuation report to the state auditor, the pension review committee, the legislative audit committee, and the joint budget committee of the general assembly, together with any recommendations concerning such liabilities as accrued. Amortization of liability over a forty-year period shall be deemed adequate to maintain actuarial stability.

(b)  The board shall periodically conduct a review and study of the actual

experience of the assets and liabilities of the lifetime benefit components of the statewide retirement plan. The board shall adjust the assumptions made with regard to each component as a result of the review and study.

(3)  The board shall determine after each annual actuarial valuation if the

cost of all benefits established by this part 4 and the cost of a normal retirement pension beginning at age fifty-five for members then eligible may be fully funded on an actuarially sound basis not including future projected cost of living adjustments without necessitating an increase in the employer and member contributions made pursuant to subsection (5) of this section.

(4)  If in any year the board determines pursuant to subsection (2) of this

section that the cost of the benefits described in this part 4 may not be fully funded on an actuarially sound basis, the board, in its discretion, may take the following actions singularly or in any combination and in any order:

(a)  The board may terminate allocating surplus contributions to the money

purchase component pursuant to section 31-31.5-301 (3);

(b)  The board may terminate making cost of living adjustments pursuant to

section 31-31.5-410;

(c) (I)  The board may order that the normal retirement pension commence

such number of months as are actuarially supportable, from one to sixty, after age fifty-five for members who are otherwise eligible pursuant to section 31-31.5-401 (2)(a). If the board adjusts the age of eligibility pursuant to this subsection (4)(c)(I), it shall also adjust the age of eligibility for benefits under section 31-31.5-401 (2)(b), (3), and (4) in a like manner. The determination of the board is conclusive absent fraud.

(II)  A pension commenced before any adjustment in the age of eligibility

pursuant to subsection (4)(c)(I) of this section is not subject to review. If a court determines that this subsection (4) is invalid, the age of retirement to be eligible for any normal retirement benefit shall be age sixty except for persons receiving a benefit at the time of the court's decision.

(d)  The board may prospectively order that the benefit multiplier used in

section 31-31.5-403 (1)(b) be reduced from two and one-half percent to as low as two percent for any given year or years;

(e)  The board may suspend further implementation or participation in any

plan amendment adopted pursuant to part 6 of this article 31.5 that contributes additional cost to the plan;

(f)  The board may suspend further participation in the deferred retirement

option plan pursuant to section 31-31.5-409 if it determines that the option contributes additional cost to the statewide retirement plan; and

(g)  The board may reinstate any benefits terminated, adjusted, or suspended

pursuant to this section if it determines that the action taken is no longer necessary to maintain the actuarial soundness of the lifetime benefit components. This may include, but is not limited to, retroactive reinstatement of the benefit multiplier reduced under subsection (4)(d) of this section.

(5) (a)  If the actual financial experience of the lifetime benefits account is

found to be more or less favorable than the assumed experience during the previous period, adjustments may be made by the board in the member and employer contributions as may be deemed feasible and advisable so long as the employer contribution rate adjustment is equal to the member contribution rate adjustment.

(b)  The board shall not increase employer or member contributions pursuant

to subsection (5)(a) of this section unless it has taken the actions permitted under subsections (4)(a) to (4)(f) of this section and it finds that the increase is necessary to maintain the actuarial soundness of the plan.

(6)  Nothing in this section shall be construed to require the reduction of

benefits below the level sustainable by the higher member or employer contribution rates established pursuant to section 31-31.5-601.

Source: Entire article added, (HB 22-1034), ch. 61, p. 289, � 1, effective

August 10. L. 2023: IP(4) amended, (HB 23-1301), ch. 303, p. 1841, � 77, effective August 7.

31-31.5-403.  Defined benefit component benefits. (1)  In calculating the

retirement pension for a member who has service credit in the defined benefit component, the benefit is the sum of the following:

(a)  Two percent multiplied by the service credit earned or purchased in the

defined benefit component, not to exceed ten years of service credit, multiplied by the average of the member's highest three years' base salary in the defined benefit component; plus

(b)  Two and one-half percent multiplied by the service credit earned or

purchased in the defined benefit component in excess of ten years multiplied by the average of the member's highest three years' base salary in the defined benefit component.

Source: Entire article added, (HB 22-1034), ch. 61, p. 291, � 1, effective August

10.

31-31.5-404.  Social security component benefits. (1)  In calculating the

retirement pension for a member who has service credit in the social security component, the benefit is the sum of the following:

(a)  One percent multiplied by the years of service credit in the social security

component, not to exceed ten years of service credit, multiplied by the average of the member's highest three years' base salary in the social security component; plus

(b)  One and one-quarter percent multiplied by the years of service credit in

the social security component in excess of ten years multiplied by the average of the member's highest three years' base salary in the social security component.

Source: Entire article added, (HB 22-1034), ch. 61, p. 291, � 1, effective August

10.

31-31.5-405.  Hybrid component benefits. (1)  In calculating the normal

retirement pension for a member who has years of service credit in the hybrid component, the benefit shall be:

(a)  A multiplier, which the board shall establish by adjusting the funding

status of the predecessor statewide hybrid plan to equal the funding status of the predecessor statewide defined benefit plan using valuations as of December 31, 2021, and based on the recommendations made by the plan's actuary, multiplied by the years of service credit earned or purchased in the statewide hybrid plan prior to January 1, 2023, multiplied by the average of the member's highest three years' base salary; plus

(b)  One and one-half percent multiplied by the years of service credit earned

or purchased in the hybrid component on or after January 1, 2023, multiplied by the average of the member's highest three years' base salary.

Source: Entire article added, (HB 22-1034), ch. 61, p. 291, � 1, effective August

10.

31-31.5-406.  Optional survivor benefits. (1)  A member eligible for a normal,

late, or early retirement pension may elect to receive a reduced pension payable to the member and, upon the member's death a reduced benefit to the member's designated beneficiary. The board shall establish such options by rule in a manner that provides for an actuarial equivalent benefit of the normal or early retirement pension otherwise payable.

(2)  If a member reaches age eligibility for a normal, vested, or early

retirement pension, and dies before making an election allowed pursuant to subsection (1) of this section or before the first pension payment has been deposited, and is survived by a spouse, dependent child, or designated beneficiary, the member shall be considered to have elected an actuarially reduced pension and retired on the day before the member's death. Payable to the members spouse, dependent child, or designated beneficiary, such reduced pension shall be payable to the member's designated beneficiary. A spouse, dependent child, or designated beneficiary of a member who has not yet reached age eligibility may elect to receive an actuarially reduced benefit beginning on the date that the member would have reached age eligibility in lieu of a death benefit under part 8 of article 31 of this title 31 and in lieu of a refund of member contributions pursuant to section 31-31.5-411.

Source: Entire article added, (HB 22-1034), ch. 61, p. 292, � 1, effective

August 10. L. 2023: (2) amended, (HB 23-1301), ch. 303, p. 1841, � 78, effective August 7.

31-31.5-407.  Minimum benefit. (1)  If the total amount of pension benefits

paid under the lifetime benefit component as provided in this article 31.5 at the time of death is less than the amount of the members' contributions to the lifetime benefit component, the difference shall be paid to:

(a)  The member's estate, if no pension payment was made pursuant to an

option under section 31-31.5-406; or

(b)  The survivor's estate, if pension payments were made pursuant to an

option under section 31-31.5-406.

Source: Entire article added, (HB 22-1034), ch. 61, p. 292, � 1, effective

August 10.

31-31.5-408.  Late retirement. (1)  Any member retiring and eligible for a

normal or vested retirement benefit may elect to defer receipt of the pension until attaining age sixty-five years, but no later. In the case of such an election, the late retirement pension is the actuarial equivalent of the normal retirement pension as determined by the board.

(2)  The board may promulgate rules to allow members who are eligible to

receive any type of retirement benefits to defer receipt of the benefits to the extent permitted under the federal Internal Revenue Code of 1986 as amended, and the regulations promulgated pursuant to section 401 (a)(9) of said code.

Source: Entire article added, (HB 22-1034), ch. 61, p. 292, � 1, effective

August 10.

31-31.5-409.  Deferred retirement option plan (DROP). The board may

establish by rule a deferred retirement option plan for vested members who have attained age fifty. The purpose of the DROP is to allow an eligible member to elect, in lieu of immediate termination of employment and receipt of a lifetime retirement benefit, to continue employment for a specified period of time of up to five years and to have the member's otherwise deductible employee contribution and retirement benefits paid into the member's individual account created by section 31-31.5-503 until the end of the specified period of the member's participation, at which time employment ceases.

Source: Entire article added, (HB 22-1034), ch. 61, p. 293, � 1, effective

August 10.

31-31.5-410.  Cost of living adjustments - definitions. (1)  Cost of living

adjustments payable under the lifetime benefit components of the plan, if any, may be paid effective October 1 each year. To be eligible to receive a cost of living adjustment, the benefits must have been paid for at least twelve calendar months prior to the effective date of the cost of living adjustment. Subject to the limits set forth in subsection (2) of this section, the board has the authority to determine the form in which a cost of living adjustment may be paid. This includes the frequency of payment, whether the payment is compounded or noncompounded, and any other form in which to pay a cost of living adjustment.

(2) (a)  Any cost of living adjustment made pursuant to subsection (1) of this

section shall be determined by the board in its discretion as a fiduciary of the statewide retirement plan after considering the funding level of the lifetime benefit components, the cost of the adjustment, the components' ability to fund future benefits, and any other factors that the board deems appropriate. The cost of living adjustment shall not exceed the greater of:

(I)  One hundred three percent of the benefits paid for the prior twelve-month

period; or

(II)  The benefits paid during the prior twelve-month period multiplied by a

fraction using the consumer price index for the immediately preceding calendar year as the numerator and the consumer price index for the calendar year prior to the immediately preceding calendar year as the denominator.

(b)  As used in this section, consumer price index means the national

consumer price index for urban wage earners and clerical workers prepared by the United States department of labor.

Source: Entire article added, (HB 22-1034), ch. 61, p. 293, � 1, effective

August 10. L. 2023: (1) and IP(2)(a) amended, (HB 23-1106), ch. 34, p. 116, � 1, effective August 7.

31-31.5-411.  Refunds of member contributions. (1) (a)  Any member covered

by the statewide retirement plan who terminates service may elect to have the member's accumulated contributions to one or more lifetime benefit components of the plan refunded together with five percent of the member's total accumulated contributions as interest in a lump sum and thereafter shall have no right to lifetime benefits provided by the plan.

(b)  If the member who terminates service and receives a refund of member

contributions subsequently returns to service as an active member with an employer that covers its members under the statewide retirement plan, the member's prior service credit shall be restored when the member returns the member's refunded contributions to the lifetime benefit components, with interest accrued from the date of refund to the date of return, according to the terms and conditions established by the board. If the member fails to return the contributions and interest, the member shall be treated as a new member, and the member's prior service shall not be recognized in determining pension eligibility or pension benefits. The restoration of a member's service credit pursuant to this subsection (1)(b) shall not entitle the member to reinstatement of any previously forfeited balance in the member's money purchase component account or the separate retirement account.

(2) (a)  If a member dies after termination of service, is not eligible for a

vested, normal, or early retirement, and has not yet received a refund or began receiving benefit payments, the association shall refund the member's lifetime benefit component contributions to the member's designated beneficiary, surviving spouse, or dependent children. Where there is no designated beneficiary, surviving spouse, or dependent children, the refund shall be made to the deceased member's estate.

(b)  If a member who has not terminated service dies, and there is no spouse

or dependents eligible for survivor benefits under part 8 of article 31 of this title 31, the deceased member's lifetime benefit component contributions may be refunded to:

(I)  The member's designated beneficiary if the member is not eligible for

vested, early, or normal retirement. The designated beneficiary may in the alternative elect a lifetime benefit pursuant to section 31-31.5-406.

(II)  If there is no designated beneficiary, the member's estate.


(3)  The designated beneficiary of a member eligible for vested, early, or

normal retirement shall receive the benefit described in section 31-31.5-406 (2) and no refund of contributions shall be made.

(4)  Upon payment of a refund of member contributions, no lifetime benefit

components benefits shall be payable.

(5)  Refunds of contributions to the lifetime benefit components shall not be

made to any members of employers who have failed to remit all contributions required under the provisions of the statewide retirement plan.

(6)  A member or the member's designated beneficiary, surviving spouse or

partner in a civil union, or dependent children who is entitled to receive a refund of the member's defined benefit contributions may elect to have the refund credited to the member account in the money purchase component. Upon the refund being credited, the member or the member's designated beneficiary, surviving spouse or partner in a civil union, or dependent children are treated as having taken a refund from the defined benefit component for all purposes.

Source: Entire article added, (HB 22-1034), ch. 61, p. 293, � 1, effective

August 10.

PART 5

MONEY PURCHASE COMPONENT

31-31.5-501.  Vesting. (1)  A member is one hundred percent vested in the

individual account in the money purchase benefit account pursuant to section 31-31.5-503.

(2)  Employer contributions made to the statewide retirement plan that are

credited to the money purchase component account are subject to the following vesting rules:

(a)  In the event of permanent occupational or total disability retirement or an

award of a survivor benefit due to a death of an active member pursuant to part 8 of article 31 of this title 31, a member shall be one hundred percent vested in the employer contributions made to the money purchase component account.

(b)  A member shall be one hundred percent vested in the employer's

contributions made to the money purchase component account upon attaining normal retirement age if employed by the employer on or after that date.

(c)  Except as provided in subsections (2)(a) and (2)(b) of this section, a

member is vested in the employer contributions made to the money purchase component account in the amount of twenty percent for each full year of service performed for a covered department. Upon attaining five full years of service, a member is one hundred percent vested. Vesting also applies to employer contributions allocated pursuant to section 31-31.5-301 (3) or allocated under the predecessor statewide defined benefit plan pursuant to section 31-31-405, as it existed prior to its repeal.

(3)  Upon distribution, the portion of the member's employer contributions to

the money purchase component account that is not vested shall be treated as a forfeiture.

(4) (a)  Years of service in the money purchase component for purposes of

this section cannot be purchased by the member or the employer.

(b)  A member who only participates in the money purchase component does

not receive service credit for purposes of the lifetime benefit components.

(c)  For members who participate in both the lifetime benefit components and

the money purchase component concurrently, years of service include all years of service with the employer while in the plan or a predecessor plan, regardless of whether contributions were made to the money purchase component for each year.

(5)  A member who is restored to active service after a disability ceases to

exist receives credit for years of service in the money purchase component with the employer prior to the disability as well as time while out on disability.

(6)  Subject to rules adopted by the board, years of service of a member who

is employed by successive employers may be aggregated for determining eligibility and benefits provided by the money purchase component of the statewide retirement plan if the service for each employer was rendered while the employer covered its members under the statewide retirement plan, the predecessor statewide defined benefit plan, or the predecessor statewide hybrid plan.

Source: Entire article added, (HB 22-1034), ch. 61, p. 295, � 1, effective

August 10. L. 2024: (2)(c) amended, (HB 24-1042), ch. 15, p. 40, � 13, effective March 6.

31-31.5-502.  Normal retirement age. The normal retirement age for the

money purchase component is age fifty-five.

Source: Entire article added, (HB 22-1034), ch. 61, p. 296, � 1, effective

August 10.

31-31.5-503.  Individual accounts - investment and account administration.

(1) (a) The board shall create and maintain adequate records to disclose the interest of each member and beneficiary with assets in the money purchase component of the plan. The records must be in the form of individual accounts, and credits and charges must be made to such accounts in the manner prescribed by the board through rulemaking.

(b)  The board shall designate a record keeper responsible for the

administration of the individual accounts. The maintenance of individual accounts is only for accounting purposes, and a segregation of the assets of the trust fund to each account is not required.

(c)  Distribution and withdrawals made from an account must be charged to

the accounts as of the date payment is made. Earnings or losses on the amount allocated to the member's individual account while invested as part of the members self-directed investment fund must be allocated as determined by the record keeper.

(2) (a)  The board may create and offer to each member with an individual

account in the money purchase component various investment options, including at least three alternatives that allow a member a broad range of investments, diversification, and a meaningful choice between risk and return in the investment of the member's account.

(b) (I)  One hundred percent of each individual account may be invested as

directed by the member in any one or a combination of the investment options. If a member or designated beneficiary does not have a valid investment election on file for any portion of the amount in that member's accounts, that portion of the member's accounts shall be invested in the investment option selected by the board as the default option. In such event, the member or designated beneficiary is deemed to have directed that investment option for investment of that portion of the member's accounts.

(II)  Upon the death of the member, the designated beneficiary may elect to

allocate the investment of the member's individual account as provided for in this section. If no notice of reallocation is received from the designated beneficiary, the member's individual accoun

C.R.S. § 31-31-202

31-31-202. Powers and duties of the board. (1) The board shall:

(a)  Establish standards for determining the actuarial soundness of:


(I)  The pension plans in the defined benefit system and the affiliated old hire

plans and the affiliated exempt plans with assets in the fire and police members' benefit investment fund, in accordance with section 31-31-301 (1); and

(II)  Alternative pension plans having defined benefits in whole or in part

established pursuant to section 31-31-601 (1), as said section existed prior to its repeal. Based upon such standards, the board shall require biennial actuarial reviews of such plans with the cost of the reviews to be paid by employers having established such plans.

(b)  Establish standards for benefit projections for money purchase plans;


(c)  Establish criteria for the determination of disability to administer the

provisions of section 31-31-803;

(d)  Promulgate rules relating to standards for disclosure of all ramifications

of and procedures for obtaining the member approval provided for in section 31-31-601 (1), as said section existed prior to its repeal;

(e)  Administer or provide for the administration and, in accordance with the

provisions of sections 31-31-302 (1) and 31-31-303, the investment of the fire and police members' benefit investment fund and the fire and police members' self-directed investment fund;

(f)  Repealed.


(g)  Review or initiate proposed legislation affecting or related to the

provisions of this article and article 30.5 of this title;

(h)  Provide for disbursements from the fire and police members' benefit

investment fund created by section 31-31-301 (1) and from the fire and police members' self-directed investment fund created by section 31-31-301 (4). Such disbursements shall be made only for payment of the expenses of the association, payment of refunds to members, payment of survivor, disability, or retirement benefits, or for purposes of investment.

(i)  Make such modifications to the minimum annual rates of contribution

certified to municipalities, fire protection districts, and county improvement districts as may be justified by actuarial studies approved by the board, subject to the requirements of section 31-30.5-304. In addition, the board shall supervise the establishment of such minimum annual rates of contribution for any nonexempt municipalities, fire protection districts, or county improvement districts that, for any reason, did not receive such minimum annual rate of contribution. Such establishment and modification of minimum annual rates of contribution shall be conducted substantially in the manner provided by procedural regulations promulgated by the board.

(j)  Promulgate such rules as may be necessary to implement the provisions

of this article and article 30.5 of this title;

(k)  Approve or deny applications for coverage under the statewide money

purchase plan pursuant to section 31-31-501.

(2) (a)  The board has the sole power to determine eligibility for retirement for

disability, whether total or occupational, for any police officer or firefighter in this state whether or not such member is covered by the provisions of this article, except for the following:

(I)  Those police officers and firefighters having social security coverage and

not affiliated as to disability; and

(II)  Those police officers and firefighters whose employers have established

exempt alternative pension plans, including exempt alternative defined benefit plans that are administered on an actuarially sound basis, based upon assumptions and methodology adopted by the board for statewide use, on or before December 1, 1978, in accordance with the provisions of part 8 of article 30.5 of this title, unless such plans have elected to become covered under the statewide death and disability plan pursuant to section 31-31-802 (1).

(b)  Except as provided in this subsection (2), the final power to determine

disability status is vested in the board, but each employer shall determine whether positions are available for disabled members and shall make such appointments to such positions as it deems necessary.

(3)  Under the direction of the board, each employer, including employers not

covered by or specifically exempted from the statewide retirement plan in accordance with the provisions of section 31-31-401 (1), shall furnish such information and shall keep such records as the board may require for the discharge of its duties.

(4) (a)  Except as otherwise provided in paragraph (d) of this subsection (4),

the board shall provide for and determine the cost of a statewide accidental death and disability insurance policy to cover all volunteer firefighters serving in volunteer or paid and volunteer fire departments, the insurance to be applicable only when serving as a volunteer firefighter. The policy shall be paid for as provided in section 31-30-1112 (2)(h)(II) from proceeds of the tax imposed by section 10-3-209, C.R.S.

(b)  Except as otherwise provided in paragraph (d) of this subsection (4), the

board shall set the amount of coverage to be provided for each volunteer firefighter, take competitive bids for the policy from insurers, and make such rules as may be necessary to provide for the policy.

(c)  The insurer shall have sole power to determine disability for volunteer

firefighters under the policy provided by this subsection (4).

(d)  On and after July 1, 2004, the responsibility to provide a statewide

accidental death and disability insurance policy to cover all volunteer firefighters serving in volunteer or paid and volunteer fire departments shall be the responsibility of the department of local affairs pursuant to section 31-30-1134.

(5) (a)  The board, in the performance of its duties under this article, shall

have the power of subpoena over persons, and books, papers, records, and other things, and such power shall be enforceable by the courts; except that no subpoena shall be issued until the subpoena has been approved by a vote of the board.

(b)  The chair of the board, or any other member of the board designated by

the chair, shall have the power to administer oaths, in the performance of the duties of the board under this article.

(5.5)  The board may release the names and addresses of retirees of a plan

affiliated with the fire and police pension association pursuant to part 7 of this article to the local pension board of the affiliated plan if:

(a)  The local pension board has filed a written request in the manner

prescribed by the association; and

(b)  The local pension board has provided the board with written assurances

that the information requested will be used only for pension-related purposes.

(6)  The board shall have such other powers and duties as are specifically

granted pursuant to this article and parts 1 to 7 of article 30.5 of this title.

(7)  The board may promulgate rules for the assessment of interest, including

the waiver of interest for good cause, on unpaid contributions to statewide plans. Interest shall accrue at the rate of one-half of one percent per month.

(8)  The board may assess the reasonable actuarial, audit, and operational

costs incurred by the association related to compliance with regulatory requirements which are attributable to employers with members participating in plans administered by the association. Alternatively, the board may find such costs to be de minimis and pay the costs from the plan assets.

Source: L. 96: Entire article added with relocations, p. 896, � 1, effective May

1. L. 98: (2)(a)(II) amended, p. 827, � 44, effective August 5. L. 2001: (5.5) added, p. 416, � 2, effective June 1; (1)(f) repealed, p. 1276, � 41, effective June 5. L. 2004: (4) amended, p. 1137, � 4, effective July 1. L. 2006: (1)(a)(I), (1)(e), and (1)(h) amended, p. 182, � 8, effective March 31. L. 2015: (4)(a) amended, (SB 15-264), ch. 259, p. 964, � 82, effective August 5; (7) and (8) added, (SB 15-027), ch. 9, p. 20, � 1, effective August 5. L. 2022: (3) amended, (HB 22-1034), ch. 61, p. 301, � 2, effective January 1,

2. L. 2024: (1)(a)(II) and (1)(d) amended, (HB 24-1042), ch. 15, p. 38, � 7, effective March 6.

   Editor's note: This section was formerly numbered as � 31-30-1005 (1) to (5).

C.R.S. § 31-31-704

31-31-704. Optional affiliation by social security employers. (1) (a) Prior to January 1, 2007, and notwithstanding the exemption provided in section 31-31-401 (1)(a), any employer that covers members under the federal Social Security Act, as amended, or any county that covers salaried employees whose duties are directly involved with the provision of law enforcement or fire protection, as certified by the county under the federal Social Security Act, as amended, may have elected affiliation with the association, either as to coverage under the statewide death and disability plan or as to retirement under the statewide defined benefit plan, or as to both, by filing with the board a resolution of the governing body of such employer, but any such affiliation shall either exclude past service credit or include past service credit funded by contribution levels established by the board.

(b)  On or about January 1, 2023, participation by members employed by

social security employers who elected optional affiliation pursuant to subsection (1)(a) of this section shall be transferred to the statewide retirement plan pursuant to the merger described in section 31-31-412.

(1.5) to (4)  (Deleted by amendment, L. 2012.)


(5)  Benefits provided pursuant to the statewide defined benefit and

statewide death and disability plans established by this article to members of employers that have affiliated pursuant to this section prior to January 1, 2007, shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the member's quarters of social security coverage derived from employment as a member.

(6) to (10)  (Deleted by amendment, L. 2012.)


Source: L. 96: Entire article added with relocations, p. 924, � 1, effective May

1. L. 2003: (1) and (3) amended and (1.5) and (3.5) added, p. 1232, � 4, effective August 6. L. 2006: (2) amended and (9) and (10) added, p. 101, � 2, effective March
2. L. 2012: Entire section amended, (HB 12-1018), ch. 24, p. 62, � 1, effective August

3. L. 2022: (1) amended, (HB 22-1034), ch. 61, p. 307, � 10, effective January 1, 2023.

   Editor's note: This section was formerly numbered as � 31-30-1003.5.

   Cross references: For the federal Social Security Act, see 42 U.S.C. sec. 301 et seq.

C.R.S. § 31-31-806

31-31-806. Disqualification upon reemployment. If, subsequent to disability benefits being awarded to a member pursuant to the provisions of section 31-31-803 or 31-31-806.5, but prior to a decision of the board that an occupational disability ceases to exist pursuant to section 31-31-805 (2), a member is employed or reemployed in this state or any other jurisdiction, pursuant to either an agreement or court order, in a full-time salaried position that normally involves working at least one thousand six hundred hours in any given calendar year and the duties of which are directly involved with the provision of police or fire protection as determined by the board, the benefits provided pursuant to section 31-31-803 shall be discontinued. Any application for retirement for disability made by the member after such appointment or reinstatement shall be treated in all respects as a new application. The five-year limitation on investigations contained in section 31-31-803 (4)(b) shall not be applicable to the enforcement of this section.

Source: L. 96: Entire article added with relocations, p. 932, � 1, effective May

23; entire section amended, p. 318, � 7, effective November 17. L. 2002: Entire section amended, p. 181, � 8, effective October 1.

Editor's note: This section was formerly numbered as � 31-30-1007 (3.5).

C.R.S. § 32-1-1001

32-1-1001. Common powers - definitions. (1) For and on behalf of the special district the board has the following powers:

(a)  To have perpetual existence;


(b)  To have and use a corporate seal;


(c)  To sue and be sued and to be a party to suits, actions, and proceedings;


(d) (I)  To enter into contracts and agreements affecting the affairs of the

special district except as otherwise provided in this part 10, including contracts with the United States and any of its agencies or instrumentalities. Except in cases in which a special district will receive aid from a governmental agency or purchase through the state purchasing program, a notice shall be published for bids on all construction contracts for work or material, or both, involving an expense of one hundred twenty thousand dollars or more of public money. The special district may reject any and all bids, and, if it appears that the special district can perform the work or secure material for less than the lowest bid, it may proceed to do so.

(I.5)  On July 1, 2028, and every five years thereafter, the dollar amount set

forth in subsection (1)(d)(I) of this section is increased by the rate of inflation. The amount must be rounded to the nearest dollar. As used in this subsection (1)(d)(I.5) inflation means the percentage change in the United States department of labor bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable successor index.

(II)  No contract for work or material including a contract for services,

regardless of the amount, shall be entered into between the special district and a member of the board or between the special district and the owner of twenty-five percent or more of the territory within the special district unless a notice has been published for bids and such member or owner submits the lowest responsible and responsive bid.

(e)  To borrow money and incur indebtedness and evidence the same by

certificates, notes, or debentures, and to issue bonds, including revenue bonds, in accordance with the provisions of part 11 of this article, and to invest any moneys of the special district in accordance with part 6 of article 75 of title 24, C.R.S.;

(f)  To acquire, dispose of, and encumber real and personal property

including, without limitation, rights and interests in property, leases, and easements necessary to the functions or the operation of the special district; except that the board shall not pay more than fair market value and reasonable settlement costs for any interest in real property and shall not pay for any interest in real property which must otherwise be dedicated for public use or the special district's use in accordance with any governmental ordinance, regulation, or law;

(g)  To refund any bonded indebtedness as provided in part 13 of this article

or article 54 or 56 of title 11, C.R.S.;

(h)  To have the management, control, and supervision of all the business and

affairs of the special district as defined in this article and all construction, installation, operation, and maintenance of special district improvements;

(i)  To appoint, hire, and retain agents, employees, engineers, and attorneys;


(j) (I)  To fix and from time to time to increase or decrease fees, rates, tolls,

penalties, or charges for services, programs, or facilities furnished by the special district; except that a fire protection district shall not on its own authority impose a fee, rate, toll, or charge for responding to, combating, or extinguishing a fire occurring on taxable real or personal property, buildings, or facilities located within the fire protection district's jurisdictional boundaries. This limitation does not prevent a fire protection district from charging or seeking reimbursement for responding to, combating, or extinguishing such a fire if the charge or claim for reimbursement is authorized by a federal law or regulation or a state law or rule. The board may pledge such revenue for the payment of any indebtedness of the special district. Until paid, all fees, rates, tolls, penalties, or charges constitute a perpetual lien on and against the property served, and, except as provided in subsection (1)(j)(I.5) of this section, any such lien may be foreclosed in the same manner as provided by the laws of this state for the foreclosure of mechanics' liens.

(I.5)  The board of a metropolitan district furnishing covenant enforcement

and design review services pursuant to sections 32-1-1004 (8) and 32-1-1004.5 shall not foreclose any lien described in section 32-1-1004.5 (3)(b)(I).

(II)  Notwithstanding any other provision to the contrary, the board may waive

or amortize all or part of the tap fees and connection fees or extend the time period for paying all or part of such fees for property within the district in order to facilitate the construction, ownership, and operation of affordable housing on such property, as such affordable housing is defined by resolution adopted by the board. However, the board shall have the authority to condition such waiver, amortization, or extension upon the recordation against the property of a deed restriction, lien, or other lawful instrument requiring the payment of such fees in the event that the property's use as affordable housing is discontinued or no longer meets the definition of affordable housing as established by the board.

(k)  To furnish services and facilities without the boundaries of the special

district and to establish fees, rates, tolls, penalties, or charges for such services and facilities;

(l)  To accept, on behalf of the special district, real or personal property for

the use of the special district and to accept gifts and conveyances made to the special district upon such terms or conditions as the board may approve;

(m)  To adopt, amend, and enforce bylaws and rules and regulations not in

conflict with the constitution and laws of this state for carrying on the business, objects, and affairs of the board and of the special district;

(n)  To have and exercise all rights and powers necessary or incidental to or

implied from the specific powers granted to special districts by this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.

(o)  To authorize the use of electronic records or signatures and adopt rules,

standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.

(2) (a)  The governing body of any special district furnishing domestic water

or sanitary sewer services directly to residents and property owners within or outside the district may fix or increase fees, rates, tolls, penalties, or charges for domestic water or sanitary sewer services only after consideration of the action at a public meeting held at least thirty days after providing notice stating that the action is being considered and stating the date, time, and place of the meeting at which the action is being considered. Notice must be provided to the customers receiving the domestic water or sanitary sewer services of the district in one or more of the following ways:

(I)  Mailing the notice separately to each customer of the service on the

billing rolls of the district;

(II)  Including the notice as a prominent part of a newsletter, annual report,

billing insert, billing statement, letter, or other notice of action, or other informational mailing sent by the special district to the customers of the district;

(III)  Posting the information on the official website of the special district if

there is a link to the district's website on the official website of the division; or

(IV)  For any district that is a member of a statewide association of special

districts formed pursuant to section 29-1-401, C.R.S., by mailing or electronically transmitting the notice to the statewide association of special districts, which association shall post the notice on a publicly accessible section of the association's website.

(b)  The power to fix or increase fees, rates, tolls, penalties, or charges for

domestic water or sanitary sewer services is a legislative power of the district board and is not changed by the provisions of this section.

(c)  No action to fix or increase fees, rates, tolls, penalties, or charges for

domestic water or sanitary sewer services may be invalidated on the grounds that a person did not receive the notice required by this section if the district acted in good faith in providing the notice. Good faith is presumed if the district provided the notice in one or more of the ways listed in paragraph (a) of this subsection (2).

(3)  The governing body of a special district may conduct or participate in

forest health projects, as defined in section 37-95-103 (4.9), within and outside the district boundaries that benefit district property or improvements. The governing body of any special district that provides fire protection services may also conduct or participate in such forest health projects within and outside the district boundaries that reduce the risk of wildfire within the district. To secure and protect an adequate supply of water, the governing body of any special district that provides water services may also conduct or participate in such forest health projects within and outside the district boundaries that reduce the risk of wildfire within the watersheds within which the district collects, transports, or stores its water supply.

(4) (a)  Within thirty days of receiving a written request from any local

government within the boundaries of which the special district governed by the board operates or partly operates, the board shall provide the rate schedule for tap fees, system development fees, or other fees and charges that contemplate future water or sanitation system usage, and, upon request of the local government, shall provide any professional analyses and a detailed written justification of the costs and methodologies used to calculate those fees.

(b)  As used in this subsection (4), local government means a home rule or

statutory county, city and county, or municipality.

Source: L. 81: Entire article R&RE, p. 1589, � 1, effective July 1. L. 89: (1)(e)

amended, p. 1117, � 34, effective July 1. L. 91: (1)(d) and (1)(f) amended, p. 789, � 18, effective June 4. L. 99: (1)(o) added, p. 1348, � 8, effective July 1; (1)(j) amended, p. 555, � 1, effective August 4. L. 2002: (1)(o) amended, p. 858, � 9, effective May 30. L. 2006: (1)(d)(I) amended, p. 345, � 1, effective August 7. L. 2013: (2) added, (HB 13-1186), ch. 102, p. 323, � 1, effective August 7. L. 2021: (3) added, (HB 21-1008), ch. 159, p. 906, � 6, effective May 20. L. 2023: (1)(d)(I) amended and (1)(d)(I.5) added, (HB 23-1023), ch. 22, p. 82, � 1, effective August 7. L. 2024: (1)(j)(I) amended, (SB 24-194), ch. 230, p. 1412, � 2, effective August 7; (1)(j)(I) and (1)(j)(I.5) added, (HB 24-1267), ch. 117, p. 377, � 1, effective August 7; (4) added, (HB 24-1463), ch. 428, p. 2920, � 1, effective August 7.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Amendments to subsection (1)(j)(I) by HB 24-1267 and SB 24-194 were

harmonized.

Cross references: For foreclosure of mechanics' liens, as provided in

subsection (1)(j), see article 22 of title 38; for composition or adjustment of indebtedness, see part 14 of this article.

C.R.S. § 32-1-1002

32-1-1002. Fire protection districts - additional powers and duties - definitions - vegetative fuel removal - rules. (1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of the district:

(a)  To acquire, dispose of, or encumber fire stations, fire protection and fire

fighting equipment, and any interest therein, including leases and easements;

(b)  To have and exercise the power of eminent domain and dominant eminent

domain and, in the manner provided by article 1 of title 38, C.R.S., to take any property necessary to the exercise of the powers granted, both within and without the special district;

(c)  To undertake and to operate as a part of the duties of the fire protection

district an ambulance service, an emergency medical service, a rescue unit, and a diving and grappling service;

(d)  To adopt and enforce fire codes, as the board deems necessary, but no

such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the fire protection district's boundaries; except that nothing in this subsection (1)(d) shall be construed to affect any fire codes existing on June 30, 1981, that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no fire protection district shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

(d.5) (I)  To impose an impact fee on the construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:

(A)  Legislatively adopted;


(B)  Generally applicable to a broad class of property; and


(C)  Intended to defray the projected impacts on capital facilities caused by

the proposed construction.

(II)  A district shall quantify the reasonable impacts of proposed construction

on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.

(III)  Any schedule of impact fees adopted by a district pursuant to this

subsection (1)(d.5) must include provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.

(IV)  No later than sixty calendar days before adopting an impact fee

schedule pursuant to this subsection (1)(d.5), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.

(V)  An impact fee imposed pursuant to this subsection (1)(d.5) must be

collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.

(VI)  An impact fee shall not be imposed on any construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(d.5). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.

(VII)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(d.5) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(d.5). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(d.5) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.

(VIII)  As used in this subsection (1)(d.5):


(A)  Capital facility means any improvement or facility that is directly

related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.

(B)  Local government has the same meaning as set forth in section 29-20-103 (1.5).


(IX)  Notwithstanding the provisions of this section, a fire protection district

may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the fire protection district.

(e)  In addition to all other fees and charges allowed by this article 1, to fix

and from time to time increase or decrease fees and charges as follows, and the board may pledge such revenue for the payment of any indebtedness of the district:

(I)  For ambulance or emergency medical services and extrication, rescue, or

safety services provided in furtherance of ambulance or emergency medical services. Extrication, rescue, or safety services includes but is not limited to any:

(A)  Services provided prior to the arrival of an ambulance;


(B)  Rescue or extrication of trapped or injured parties at the scene of a motor

vehicle accident; and

(C)  Lane safety or blocking provided by district equipment.


(II)  For requested or mandated inspections if a fire code is in existence on

June 30, 1981, as specified in paragraph (d) of this subsection (1) or has been adopted thereafter pursuant to said paragraph (d);

(III)  For requested inspections if a fire code has been adopted by the board of

the fire protection district, whether or not the code has been adopted by a municipality or county pursuant to paragraph (d) of this subsection (1);

(f)  In areas of the special district where the county or municipality has

rejected the adoption of a fire code submitted by the fire protection district, to compel the owners of premises, whenever necessary for the protection of public safety, to install fire escapes, fire installations, fireproofing, automatic or other fire alarm apparatus, fire extinguishing equipment, and other safety devices. This paragraph (f) shall not apply when a valid ordinance providing for fire safety standards, pursuant to section 30-15-401.5, C.R.S., is in effect.

(g)  To create and maintain a paid firefighters' pension fund, under the

provisions of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.;

(h)  To establish, in its discretion, a system of civil service in the fire

protection district to cover its paid employees who are directly employed by the fire protection district as full-time paid firefighters in accordance with the provisions of subsection (2) of this section;

(i) (I)  A fire protection district may establish, in its discretion, a program to

require the removal of vegetative fuel from privately owned real property within the boundaries of the district, and a fire protection district that establishes a program shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A fire protection district shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.

(II)  A fire protection district that establishes a program pursuant to section

(1)(i)(I) of this section may assess a fine against an owner or occupier of privately owned real property containing vegetative fuel only in accordance with this subsection (1)(i)(II). An incident covers all vegetative fuel on a property. For each incident of vegetative fuel on a property, a fire protection district must provide to an owner and occupier of the privately owned real property written notice of the requirement to remove vegetative fuel from a property and the amount of a potential fine, and information on possible funding or grant programs to assist owners or occupiers about effective vegetative fuel mitigation, including the Colorado wildfire resilient homes grant, the forest restoration and wildfire risk mitigation grant program, or any other local or state program about effective vegetative fuel mitigation. At least fourteen days after providing a first notice, if the vegetative fuel has not been removed, a district may provide a second written notice to the owner and occupier containing the same information. At least fourteen days after providing a second notice, if the vegetative fuel has not been removed, a district may assess a fine against the owner or occupier by providing written notice of the fine to the owner and occupier by certified mail. The amount of a fine must be approximately equal to the cost of removal of the vegetative fuel on the property and must not exceed two hundred dollars per property per incident. An owner or occupier is not subject to more than one fine for the same incident. The sum of all fines assessed against a single property must not exceed one thousand two hundred dollars. A fine is waived if the owner or occupier removes or causes the removal of the vegetative fuel within fourteen days of receiving notice of an assessment of a fine. A fire protection district may not access any privately owned real property pursuant to this subsection (1)(i)(II) without the written permission of the owner or occupier of the property. An owner or occupier is not liable to a fire protection district for damages to fire protection district personnel or equipment occurring on the privately owned real property while fire protection district personnel or equipment are present on the property to carry out the purposes of this section. A fire protection district may not use a drone to discover vegetative fuel on a property or to administer or enforce this subsection (1)(i).

(III)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section must use the money collected from a fine assessed pursuant to this section only to remove vegetative fuel on private real property within the district's jurisdiction. A fire protection district must prioritize use of the money to assist a low-income owner or occupier, a senior owner or occupier, or an owner or occupier with a disability to remove vegetative fuel from the owner or occupier's property.

(IV)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall establish a process for a person that owns or occupies property that is subject to a fine imposed by the fire protection district pursuant to subsection (1)(i)(II) of this section to file an objection to the fine with the district's board. A district's board may waive the fine in all or in part, in its discretion, if it determines that:

(A)  The fine was not assessed in compliance with subsection (1)(i)(II) of this

section;

(B)  The owner or occupier filing an objection is financially unable to pay all or

a portion of the fine;

(C)  An owner or occupier against which a fine was assessed has removed or

caused the removal of the vegetative fuel after the assessment of the fine; or

(D)  A waiver is appropriate under the circumstances.


(V)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section may cause a delinquent charge made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be by title 31.

(VI)  A fire protection district that establishes a program pursuant to

subsection (1)(i)(I) of this section shall adopt rules and policies after a public hearing, public notice, and the allowance of public comment to implement this subsection (1)(i) and shall post the adopted rules and policies on the district's website, on social media operated by the district, and in a local newspaper of general circulation. A program established pursuant to subsection (1)(i)(I) of this section may only be effective thirty days or more after posting of the adopted rules and policies on the district's website. As part of the adopted rules and policies, a fire protection district shall designate an individual to oversee and manage the program.

(VII)  A fire protection district may waive a fine for delays due to weather or

upon a petition for a time extension from an owner or occupier if an owner or occupier has undertaken good faith efforts to remove the vegetative fuel, at the discretion of the fire protection district. Good faith efforts include documentation from an arborist or licensed professional landscape architect that states when the arborist or licensed professional landscape architect will be able to mitigate the vegetative fuel on a property and the cost of the mitigation. A fire protection district shall grant a time extension to mitigate or pay a fine assessed against the owner or occupier of the property for:

(A)  No longer than three months if the cost to mitigate exceeds one

thousand dollars and is less than two thousand five hundred dollars;

(B)  No longer than six months if the cost to mitigate equals or exceeds two

thousand five hundred dollars and is less than five thousand dollars;

(C)  No longer than nine months if the cost to mitigate equals or exceeds five

thousand dollars and is less than ten thousand dollars; or

(D)  No longer than one year if the cost to mitigate equals or exceeds ten

thousand dollars.

(2) (a)  A fire protection district's civil service system shall not cover

employees of a fire department that renders fire protection service to the fire protection district under contract. The question of establishing a system of civil service shall be submitted at any regular special district election or special election of the fire protection district and shall not become effective unless approved as required for authorization of indebtedness. In establishing a system of civil service, the board may provide for the exclusion of supervisory and administrative personnel from the system. The board shall appropriate such funds as are necessary for the regular special district election or special election from the general funds of the fire protection district, and the election shall be held and conducted as provided in articles 1 to 13.5 of title 1, C.R.S.

(b) (I) (A)  Except as provided in sub-subparagraph (B) of this subparagraph

(I), the board of any fire protection district establishing a system of civil service for its paid employees may appoint three electors residing in the district to serve as a civil service committee, referred to in this subsection (2) as the committee. Of those initially appointed, one member of the committee shall be appointed for a term of two years, one for four years, and one for six years; thereafter, each member shall be appointed for a term of six years.

(B)  When two or more fire protection districts having established civil service

systems consolidate into a single consolidated district pursuant to section 32-1-602, the civil service committee of each of the consolidating districts shall dissolve, and the board of directors of the consolidated district shall appoint at least three but no more than nine members to serve on the civil service committee of the consolidated district. Of those initially appointed, three of the members of the civil service committee of the consolidated district shall serve staggered terms pursuant to sub-subparagraph (A) of this subparagraph (I), and the board shall appoint any other member for a term of six years. Thereafter, each member shall be appointed for a term of six years.

(C)  Any member may be appointed to succeed himself or herself. No paid

firefighter employed by the fire protection district may be a member of the committee. The members of the committee shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the discharge of their duties.

(D)  The board of directors of any fire protection district consolidated prior to

July 1, 1996, may expand, by appointment, the membership of its established civil service committee to no more than nine members pursuant to sub-subparagraph (B) of this subparagraph (I). The board shall appoint such members for a term of six years.

(II)  The committee shall elect from among its members a president. The

secretary of the board shall serve as the secretary of the committee but shall have no vote on the committee. The secretary shall keep a record of the minutes of all proceedings of the committee in a bound book separate and apart from the records of the board. The secretary is the only member of the board who may be a member of the committee.

(III)  Any member of the committee may be discharged by the board for

cause, but only after affording the member the right to a public hearing at which the member may be represented by counsel. Vacancies in office on the committee shall be filled according to the provisions of section 1-12-207, C.R.S.

(IV)  The attorney for the board shall act as legal advisor to the committee,

but at all hearings before the committee involving a firefighter, such firefighter may be represented by counsel.

(c)  The committee shall:


(I)  Establish standards for employment and termination of employment,

including minimum conditions of employment for applicants for appointment and promotion, which shall assure that such applicants shall be of good moral character and physically, mentally, and emotionally capable of performing arduous duties, eighteen years of age or older, graduates of a high school or the equivalent thereof, citizens of the United States, and residents of the state of Colorado. In establishing standards concerning a person's character, the committee shall be governed by the provisions of section 24-5-101, C.R.S.

(II)  Recruit applicants for employment; formulate and hold competitive

examinations, or cause the same to be done, in order to determine the relative qualifications of persons seeking employment in any class or position as a firefighter; and formulate and hold promotional examinations for firefighters within the fire department of the fire protection district, or cause the same to be done;

(III)  Certify to the board, as a result of such examinations, lists of qualified

applicants for the various classes of positions who successfully completed such examinations;

(IV)  Determine that any examination held pursuant to subparagraph (II) or (III)

of this paragraph (c) is practical and consists only of subjects which will fairly determine the capacity of persons examined to perform duties of the position sought, including, but not limited to, tests of physical fitness and manual skill;

(V)  When a vacant position is to be filled, certify to the board, upon written

request of the board, the names of the three persons highest on the eligible list for that position or the applicable classification; but if less than three persons are on such list, then all the names shall be certified to the board. If there are no such lists, the committee shall authorize provisional or temporary appointment lists for such position or applicable classification.

(d)  The committee, from time to time, may make, amend, and repeal bylaws

and rules and regulations necessary to administer the provisions of this subsection (2).

(e)  Disciplinary action against any firefighter may be instituted by the chief

of the fire protection district, and a hearing thereon, after reasonable notice, shall be afforded to the firefighter concerned, at which hearing the firefighter may be represented by counsel of his or her choice at his or her expense. Such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. Any firefighter aggrieved by the decision of the board may obtain review thereof by appeal to the committee, and on such review the firefighter may be represented by counsel of his or her choice at his or her expense.

(f)  The committee shall hear all complaints involving alleged injustice,

wrongful discharge, and other violations of the rules and regulations of the committee and shall hear all appeals from decisions of the board on disciplinary actions pursuant to paragraph (e) of this subsection (2). All such hearings shall be conducted in the same manner, insofar as possible, as provided in section 24-4-105, C.R.S. The decision of the committee shall be final and shall not be set aside except by the committee or by a court of competent jurisdiction. Judicial review of any decision of the committee may be had in the same manner as prescribed in section 24-4-106, C.R.S.

(g)  The board, if requested by the committee, may contract with any

municipal or state agency for the purpose of conducting examinations for original appointment or for promotion, or for any other purpose in connection with the selection or administration of personnel.

(h)  The firefighters of any fire protection district in good standing at the time

of the establishment of said civil service system shall continue in their employment and rank, shall be automatically included in the civil service system, and shall be promoted or discharged in accordance with the provisions of the civil service rules and regulations; except that the office of fire chief shall be excluded from such civil service system. The board shall make provision for tenure of the fire chief, and the committee shall implement the same by appropriate rules and regulations.

(i)  Any fire protection district which has established a system of civil service

for its paid employees pursuant to this section shall not terminate the system unless the question of termination is submitted at an election. The election shall be conducted pursuant to articles 1 to 13.5 of title 1, C.R.S.

(j)  The board shall appropriate annually, by resolution, to the committee

sufficient funds to administer the provisions of this subsection (2).

(k)  If any county assumes countywide responsibility for fire protection or any

board of county commissioners becomes the board of a fire protection district and adopts a countywide merit, civil service, or career service system, any civil service system established under the provision of this subsection (2) shall be dissolved and merged with such countywide system, including all employees' benefits, rights, liabilities, and duties accrued or incurred under this subsection (2), and the same shall be continued following such merger.

(3) (a)  The chief of the fire department in each fire protection district in the

state of Colorado, by virtue of the office held by 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, subject to the duties and obligations imposed by this subsection (3) and subject to the provisions of any relevant plans or agreements. The chief is vested with the other express authority contained in this subsection (3), including commanding the fire department of such district.

(b)  The chief of the fire department in each fire protection district shall:


(I)  Enforce all laws of this state and ordinances and resolutions of the

appropriate political subdivisions relating to the prevention of fires and the suppression of arson;

(II) (A)  Inspect, or cause to be inspected by members or officers of his

department, as often as he shall deem necessary, all buildings, premises, and public places, except the interior of any private dwelling, for the purpose of ascertaining and causing to be corrected any condition liable to cause fire or for the purpose of obtaining information relative to the violation of the various provisions of this subsection (3). Any individual conducting such inspection shall carry on his person properly authorized fire department identification which shall be shown, on request, to the owner, lessee, agent, or occupant of any structure prior to the inspection of the same.

(B)  The chief of any such fire department or fire department members

designated by the chief have the authority to enter into all structures and upon all premises within their respective jurisdictions at reasonable times during business hours or such times as such structures or premises are open for the purpose of examination in conformity with the duties imposed by this subsection (3), and it is unlawful for any person to interfere with the chief of any such fire department, or any member of such fire department designated by the chief to conduct an inspection, in the discharge of his duties or to hinder or prevent him from entering into or upon or from inspecting any buildings, establishments, enclosures, or premises in the discharge of his duties.

(III)  Include, as part of the inspections required by subparagraph (II) of this

paragraph (b), all of the following:

(A)  An inspection of all buildings and enclosures to see that proper

receptacles for ashes are provided, to cause all rubbish or other inflammable material to be properly removed or disposed of, and to make such suggestions and issue such orders to the owners or occupants of buildings as, in the opinion of such inspecting officer, will render the same safe from fire;

(B)  An inspection of the surroundings of boilers and other heating apparatus

in any building to ascertain whether all woodwork is properly protected and that no rubbish or combustible material is allowed to accumulate;

(C)  An inspection of fire escapes and stairways to cause the removal of all

obstructions therefrom and of all places where explosives or inflammable compounds are sold or stored;

(D)  An inspection of the construction, placing, repair, and control of all fire

escapes, standpipes, pressure tanks, fire doors, fire shutters, fire lines, fire hose, sprinkling systems, exit lights, and exit signs and a review of the installation and testing of fire equipment in all buildings and places requiring such equipment and of the provisions for means of escape or protection against loss of life and property from fire in such buildings and places;

(IV)  Enforce, within his respective jurisdiction, all laws of this state and

ordinances and resolutions of any appropriate political subdivision pertaining to the keeping, storage, use, manufacture, sale, handling, transportation, or other disposition of highly inflammable materials and rubbish, gunpowder, dynamite, crude petroleum or any of its products, explosive or inflammable liquids or compounds, tablets, torpedoes, or any explosives of a like nature, or any other explosive, including fireworks and firecrackers, and such chief may prescribe the materials and construction of receptacles to be used for the storage of any of said items; but authorization for enforcement of the provisions of this subsection (3) does not extend to the production, transportation, or storage of inflammable liquids as regulated by articles 20 and 20.5 of title 8 and title 34, C.R.S.;

(V)  Investigate or cause to be investigated the cause, origin, and

circumstance of every fire occurring within his jurisdiction by which property is destroyed or damaged and, so far as is possible, determine whether the fire was the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of the fire, and if, after such investigation, the chief is of the opinion that the facts in relation to such fire indicate that a crime has been committed, he shall present the facts of such investigation and the testimony taken from any person involved, together with any other data in his possession, to the district attorney of the proper county, with his request that the district attorney institute such criminal proceedings as the investigation, testimony, or data may warrant. It is the duty of the district attorney upon such request to assist in such further investigation as may be required.

(c)  Whenever any chief, or any designated member of a fire department,

finds, through inspection procedures as outlined in subparagraph (II) or (III) of paragraph (b) of this subsection (3), any building or other structure which, for want of repair of or lack of or insufficient fire escapes, automatic or other fire alarm apparatus, or fire extinguishing equipment as may be required by law or for reasons of age, dilapidated condition, or any other cause, is especially liable to fire or is hazardous to the safety of the occupants thereof and which is so situated as to endanger other property, and whenever such officer finds in any building combustible or explosive matter or inflammable conditions, dangerous to the safety of such building or its occupants, the chief shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner, lessee, agent, or occupant of such premises or buildings. Any such owner, lessee, agent, or occupant who feels himself aggrieved by any such order may file, within five days after the making of any such order, a petition with the district court of the county in which such premises or building is located, requesting a review of such order, and it is the duty of such court to hear the same at the first convenient day and to make such order in the premises as justice may require, and such decision shall be final.

(d)  Any owner, lessee, agent, or occupant of any building or premises

maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of this subsection (3) shall be deemed to be maintaining a fire hazard. Any person who violates any provision of this subsection (3) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars nor more than two hundred fifty dollars. Each day in which such a violation occurs shall constitute a separate violation of this subsection (3).

(4) (a)  Within any fire protection district organized under the provisions of

this article, it is unlawful for any person:

(I)  To willfully or maliciously give, make, or cause to be given or made a false

alarm of fire, whether by the use of a fire alarm box, telephone call, or otherwise;

(II)  To willfully or maliciously disconnect, cut, or sever any wire of the fire

alarm telegraph or in any manner tamper with any part of such communication apparatus;

(III)  To aid, abet, knowingly permit, or participate in the commission of any

act prohibited by this paragraph (a).

(b)  Any person who violates any provision of this subsection (4) commits a

class 2 misdemeanor.

(c)  The provisions of paragraphs (a) and (b) of this subsection (4) shall not

limit the power of municipalities to enact ordinances covering the same or similar subject matter, but no person acquitted of, convicted of, or pleading guilty to a violation of a municipal ordinance shall be charged or tried in a state court for the same or a similar offense, and no person acquitted of, convicted of, or pleading guilty to a violation of paragraph (a) of this subsection (4) in a state court shall be charged or tried in a municipal court for the same or a similar offense.

(5)  The district attorney in the judicial district in which the special district

was organized shall prosecute any violation under subsection (3) or (4) of this section.

Source: L. 81: Entire article R&RE, p. 1591, � 1, effective July 1. L. 85: (1)(d) and

(1)(f) amended, p. 1062, � 2, effective July 1. L. 92: (2)(a), (2)(b)(III), and (2)(i) amended, p. 887, � 126, effective January 1, 1993. L. 95: (1)(g) amended, p. 1386, � 19, effective June 5; (3)(b)(IV) amended, p. 420, � 10, effective July 1. L. 96: (2)(b)(I) amended, p. 247, � 1, effective April 8; (1)(d) amended, p. 283, � 3, effective April 11; (1)(g) amended, p. 943, � 9, effective May 23. L. 97: (1)(h), (2)(b)(IV), (2)(c)(II), (2)(e), and (2)(h) amended, p. 1027, � 59, effective August 6. L. 2009: (3)(a) amended, (SB 09-020), ch. 189, p. 830, � 6, effective April 30; (1)(e)(I) amended, (HB 09-1041), ch. 415, p. 2291, � 1, effective August 5; (3)(a) amended, (SB 09-001), ch. 30, p. 128, � 6, effective August 5. L. 2010: (1)(e)(I)(B) amended, (HB 10-1095), ch. 23, p. 96, � 1, effective August 11. L. 2016: (1)(d.5) added, (HB 16-1088), ch. 259, p. 1061, � 4, effective June 8; (2)(a) and (2)(i) amended, (SB 16-189), ch. 210, p. 788, � 93, effective June 6. L. 2017: IP(1) and (1)(d) amended, (SB 17-222), ch. 245, p. 1028, � 7, effective August 9. L. 2021: (4)(b) amended, (SB 21-271), ch. 462, p. 3257, � 545, effective March 1, 2022. L. 2024: (1)(d.5) and IP(1)(e) amended, (SB 24-194), ch. 230, p. 1413, � 3, effective August 7; (3)(a) amended, (HB 24-1155), ch. 48, p. 172, � 8, effective August 7. L. 2025: (1)(i) added, (HB 25-1009), ch. 42, p. 196, � 3, effective August 6.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Amendments to subsection (3)(a) by Senate Bill 09-001 and Senate Bill

09-020 were harmonized.

Cross references: (1)  For provisions in title 34 concerning storage of

flammable liquids as referred to in subsection (3)(b)(IV), see article 64 of title 34 concerning underground storage of natural gas.

(2)  For the legislative declaration contained in the 1995 act amending

subsection (1)(g), see section 1 of chapter 254, Session Laws of Colorado 1995. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

(3)  For the short title (Public Safety Fairness Act) in HB 16-1088, see

section 1 of chapter 259, Session Laws of Colorado 2016.

C.R.S. § 32-1-1004

32-1-1004. Metropolitan districts - additional powers and duties. (1) In addition to the powers specified in section 32-1-1001, the board of any metropolitan district has the following powers for and on behalf of such district:

(a)  To enter into contracts with public utilities, cooperative electric

associations, and municipalities for the purpose of furnishing street lighting service;

(b)  To erect and maintain, in providing safety protection services, traffic and

safety controls and devices on streets and highways and at railroad crossings and to enter into agreements with the county or counties in which a metropolitan district is situate or with adjoining counties, the department of transportation, or railroad companies for the erection of such safety controls and devices and for the construction of underpasses or overpasses at railroad crossings;

(c)  To finance line extension charges for new telephone construction for the

purpose of furnishing telephone service exclusively in districts which have no property zoned or valued for assessment as residential;

(d)  To finance payment of incremental directional drilling costs for oil and

gas wells drilled within the greater Wattenberg area, as that term is defined in section 24-65.5-102, C.R.S;

(e)  A metropolitan district that provides fire protection services may

establish, in its discretion, a program to require the removal of vegetative fuel from privately owned real property within the boundaries of the district, as specified in section 32-1-1001 (1)(i) for fire protection districts, and a metropolitan district that provides fire protection services and that establishes a program pursuant to section 32-1-1001 (1)(i) shall adopt policies consistent with the 2024 International Wildland-urban Interface Code, a subsequent code established by the International Code Council, or the standards and codes adopted or issued by the Colorado wildfire resiliency code board. A metropolitan district providing fire protection services shall coordinate with all applicable local entities as defined in section 37-99-102 (9) when developing a vegetative fuel mitigation program and shall comply with the requirements of section 37-99-103.

(2)  A metropolitan district shall provide two or more of the following

services:

(a)  Fire protection as specified in section 32-1-103 (7);


(b)  Elimination and control of mosquitoes;


(c)  Parks or recreational facilities or programs as specified in section 32-1-103 (14);


(d)  Safety protection through traffic and safety controls and devices on

streets and highways and at railroad crossings;

(e)  Sanitation services as specified in section 32-1-103 (18);


(f)  Street improvement through the construction and installation of curbs,

gutters, culverts, and other drainage facilities and sidewalks, bridges, parking facilities, paving, lighting, grading, landscaping, and other street improvements;

(g)  Establishment and maintenance of television relay and translator

facilities;

(h)  Transportation as specified in subsection (5) of this section;


(i)  Water and sanitation services as specified in section 32-1-103 (18), (24),

and (25);

(j)  Water as specified in section 32-1-103 (25);


(k)  Solid waste disposal facilities or collection and transportation of solid

waste as specified in section 32-1-1006 (6) and (7).

(3)  Any metropolitan district providing services specified in paragraph (a), (c),

(e), (i), or (j) of subsection (2) of this section shall have all the duties, powers, and authority granted to a fire protection, park and recreation, sanitation, water and sanitation, or water district by this article, except as provided in subsection (4) of this section.

(4)  A metropolitan district may have and exercise the power of eminent

domain and dominant eminent domain and, in the manner provided by article 1 of title 38, may take any property necessary to the exercise of the powers granted, both within and without the special district, only for the purposes of fire protection, sanitation, street improvements, television relay and translator facilities, water, or water and sanitation, except for the acquisition of water rights, and, within the boundaries of the district, if the district is providing park and recreation services, only for the purpose of easements and rights-of-way for access to park and recreational facilities operated by the special district and only where no other access to such facilities exists or can be acquired by other means. A metropolitan district shall not exercise its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area.

(5)  The board of a metropolitan district has the power to establish, maintain,

and operate a system to transport the public by bus, rail, or any other means of conveyance, or any combination thereof, and may contract pursuant to part 2 of article 1 of title 29. The board of a metropolitan district may not establish, maintain, or operate such a system of transportation in a county, city, city and county, or any other political subdivision of the state empowered to provide a system of transportation except pursuant to a contract entered into pursuant to part 2 of article 1 of title 29. The board of a metropolitan district not originally organized as having the power granted in this subsection (5) may exercise its power upon compliance with part 2 of this article 1. Notwithstanding any other provision of this subsection (5), the board of a metropolitan district shall not exercise the power under this subsection (5) until approved by the district court in compliance with part 2 of this article 1 and unless authorized, at a regular special district election or a special election held and conducted pursuant to article 13.5 of title 1, by a majority of the eligible electors of the district voting on the question of whether the board should exercise such power. The board of a metropolitan district which exercises the power granted in this subsection (5) shall provide transportation services only in the county or counties within which the boundaries of the metropolitan district lie.

(6)  Notwithstanding anything in this article or any other law to the contrary:


(a)  A metropolitan district may be formed within any part of the area within

the regional transportation district, as described in section 32-9-106.1, for the single service of financing a system to transport the public by bus, guideway, or any other means of conveyance, or any combination thereof.

(b)  A district created pursuant to paragraph (a) of this subsection (6) may be

formed wholly or partly within an existing special district which provides or is authorized to provide the service of mass transportation if the improvements or facilities to be financed by such a district do not duplicate or interfere with any other improvements or facilities already constructed or planned to be constructed within the limits of the existing special district.

(c)  The intergovernmental contract required by subsection (5) of this section

shall not be required for such a district except where the county, city, or city and county or any other political subdivision of the state within which a system of transportation is to be financed is actually operating a system of transportation.

(d)  Except as specifically modified by this subsection (6), all other provisions

of this article shall apply to such a district.

(e)  In accordance with section 32-1-307 (1), no tract of land of forty acres or

more used primarily and zoned for agricultural uses shall be included in any metropolitan district providing parks or recreational facilities and programs that is organized under this article 1 without the written consent of the owners.

(7)  The board of a metropolitan district has the power to furnish security

services for any area within the special district. Such power may be exercised only after the district has provided written notification to, consulted with, and obtained the written consent of all local law enforcement agencies having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area. Any local law enforcement agency having jurisdiction within the area and any applicable master association or similar body having authority in its charter or declaration to furnish security services in the area may subsequently withdraw its consent after consultation with and providing written notice of the withdrawal to the board.

(8) (a)  The board of a metropolitan district has the power to furnish covenant

enforcement and design review services within the district if:

(I)  The governing body of the applicable master association or similar body

and the metropolitan district have entered into a contract to define the duties and responsibilities of each of the contracting parties, including the covenants that may be enforced by the district, and the covenant enforcement services of the district do not exceed the enforcement powers granted by the declaration, rules and regulations, or any similar document containing the covenants to be enforced; or

(II)  The declaration, rules and regulations, or any similar document

containing the covenants to be enforced for the area within the metropolitan district name the metropolitan district as the enforcement or design review entity.

(b)  The board of a metropolitan district shall have the power to furnish

covenant enforcement and design review services pursuant to this subsection (8) only if the revenues used to furnish such services are derived from the area in which the service is furnished.

(c)  Nothing in this subsection (8) shall be construed to authorize a

metropolitan district to enforce any covenant that has been determined to be unenforceable as a matter of law.

(d)  In furnishing covenant enforcement and design review services pursuant

to this subsection (8), the board of a metropolitan district shall comply with the procedural requirements set forth in section 32-1-1004.5.

(9)  Except as limited by the service plan of the district, the board of a

metropolitan district has the power to provide activities in support of business recruitment, management, and development within the district. A metropolitan district meeting the qualifications of this subsection (9) shall neither have nor exercise the power of eminent domain or dominant eminent domain for the purposes set forth in this subsection (9).

(10) (a)  In addition to the excise tax imposed pursuant to article 28.8 of title

39, a metropolitan district with boundaries entirely within the unincorporated area of a county is authorized to levy, collect, and enforce a metropolitan district excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility. Such excise tax must be calculated based on the average market rate of the unprocessed retail marijuana. The tax shall be imposed at the time when the retail marijuana cultivation facility first sells or transfers unprocessed retail marijuana from the retail marijuana cultivation facility to a retail marijuana product manufacturing facility, a retail marijuana store, or another retail marijuana cultivation facility.

(b)  If the boundaries of a metropolitan district are within a county that

imposes an additional excise tax on the first sale or transfer of unprocessed retail marijuana by a retail marijuana cultivation facility pursuant to section 29-2-114, the excise tax rate imposed by the metropolitan district pursuant to this subsection (10) shall not exceed such tax rate imposed by the county. In no event shall the tax rate imposed pursuant to this subsection (10) exceed five percent of the average market rate, as determined by the department of revenue pursuant to section 39-28.8-101 (1), of the unprocessed retail marijuana.

(c)  No excise tax shall be levied pursuant to the provisions of paragraph (a)

of this subsection (10) until the proposal has been referred to and approved by the eligible electors of the metropolitan district. Any proposal for the levy of an excise tax in accordance with paragraph (a) of this subsection (10) may be submitted to the eligible electors of the district at a regular special district election, on the date of the state general election, or on the first Tuesday in November of an odd-numbered year, and any election on the proposal must be conducted in accordance with the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S.

(d)  Any retail marijuana excise tax imposed by a metropolitan district

pursuant to this subsection (10) shall not be collected, administered, or enforced by the department of revenue, but shall instead be collected, administered, and enforced by the metropolitan district imposing the tax or through an intergovernmental agreement with the county in which the metropolitan district is located.

(11)  A metropolitan district created on or after July 1, 2021, shall annually pay

the state an amount equal to the total of all ad valorem credits claimed under section 39-29-105 (2)(b) for property taxes that are imposed by the metropolitan district. The state treasurer shall credit fifty percent of the payment to the state severance tax trust fund created by section 39-29-109, and fifty percent to the local government severance tax fund created by section 39-29-110, with these amounts further allocated in the same manner as the gross receipts realized from the severance taxes imposed on minerals and mineral fuels under the provisions of article 27 of title 39.

Source: L. 81: Entire article R&RE, p. 1597, � 1, effective July 1. L. 82: (6)

added, p. 501, � 7, effective April 15. L. 87: (1)(c) added, p. 1239, � 1, effective April 22. L. 91: (1)(b) amended, p. 1070, � 45, effective July 1. L. 92: (5) amended, p. 888, � 127, effective January 1, 1993. L. 98: (2)(k) added, p. 1070, � 2, effective June 1. L. 2004: (7) and (8) added, p. 1065, � 1, effective May 21. L. 2007: (6)(a) amended, p. 834, � 3, effective May 14; (1)(d) added, p. 2122, � 9, effective August 3; (9) added, p. 938, � 1, effective August 3. L. 2008: (1)(d) amended, p. 1082, � 3, effective August 5. L. 2015: (10) added, (HB 15-1367), ch. 271, p. 1080, � 19, effective June 4. L. 2016: (9) amended, (HB 16-1011), ch. 110, p. 314, � 1, effective April 15; (5) amended, (SB 16-189), ch. 210, p. 789, � 94, effective June 6. L. 2017: (6)(e) added, (HB 17-1065), ch. 73, p. 232, � 2, effective August 9; (10)(a) and (10)(b) amended, (SB 17-192), ch. 299, p.1641, � 6, effective August 9. L. 2021: (11) added, (SB 21-281), ch. 255, p. 1493, � 2, effective June 18; (4) amended, (SB 21-262), ch. 368, p. 2430, � 5, effective September 7; (5) amended, (SB 21-160), ch. 133, p. 543, � 16, effective September 7. L. 2024: (8)(d) added (HB 24-1267), ch. 117, p. 377, � 2, effective August 7. L. 2025: (1)(e) added, (HB 25-1009), ch. 42, p. 199, � 4, effective August 6.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

Cross references: For the legislative declaration in HB 15-1367, see section 1

of chapter 271, Session Laws of Colorado 2015. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

C.R.S. § 32-1-1007

32-1-1007. Ambulance districts - additional powers - special provisions - definitions. (1) In addition to the powers specified in section 32-1-1001, the board of any ambulance district, unless provided in section 32-1-1002 (1)(c) or 32-1-1003 (1)(b), has the following powers for and on behalf of such district:

(a)  To own, maintain, and operate ambulances and other vehicles and

equipment necessary for the provision of emergency medical services in said district;

(b)  To provide emergency medical services by employees of the district, to

provide a voluntary ambulance service, and to make contracts with individuals, partnerships, associations, or corporations or with other political subdivisions of the state or any combination thereof. For the purpose of this subsection (1)(b), voluntary ambulance service means an ambulance service which is operating not for pecuniary profit or financial gain and no part of the assets or income of which is distributable to, or enures to the benefit of, its members, directors, or officers.

(c) (I)  To impose an impact fee on the construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries pursuant to a schedule that is:

(A)  Legislatively adopted;


(B)  Generally applicable to a broad class of property; and


(C)  Intended to defray the projected impacts on capital facilities caused by

the proposed construction.

(II)  A district shall quantify the reasonable impacts of proposed construction

on existing capital facilities and establish the impact fee at a level no greater than necessary to defray such impacts directly related to the proposed construction. An impact fee shall not be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed construction.

(III)  Any schedule of impact fees adopted by a district pursuant to this

subsection (1)(c) must include provisions to ensure that no individual landowner is required to provide any site-specific dedication or improvement to meet the same need for capital facilities for which the impact fee is imposed.

(IV)  No later than sixty calendar days before adopting an impact fee

schedule pursuant to this subsection (1)(c), a district shall notify the clerk of every municipality or county that includes territory that is wholly or partly located within the district's jurisdictional boundaries and that may be impacted by the proposed impact fee schedule of the district's intent to adopt the schedule and provide a reasonable opportunity for the municipality or county to submit written comments regarding the schedule of impact fees to the board of the district.

(V)  An impact fee imposed pursuant to this subsection (1)(c) must be

collected and accounted for in the same manner as a land development charge is required to be collected and accounted for pursuant to part 8 of article 1 of title 29.

(VI)  An impact fee shall not be imposed on any construction of new buildings,

structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries, for which an individual or entity has submitted a completed application for a development permit to an approving local government prior to the adoption of a schedule of impact fees by the district pursuant to this subsection (1)(c). A district shall not collect an impact fee before the issuance of a building permit by the approving local government. The approving local government shall notify the district of the issuance of a building permit for the construction of new buildings, structures, facilities, or improvements, including oil or gas wells and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries at the time of issuance.

(VII)  Any person or entity that owns or has an interest in land that is or

becomes subject to a schedule of impact fees imposed by a district pursuant to this subsection (1)(c) shall, by receiving a building permit from the approving local government, have standing to file an action for declaratory judgment to determine whether the impact fee schedule complies with the provisions of this subsection (1)(c). A person or entity with standing who believes that a district has improperly applied an impact fee schedule pursuant to this subsection (1)(c) to the construction of any new buildings, structures, facilities, or improvements, including oil or gas well and related equipment, on previously improved or on unimproved real property within the district's jurisdictional boundaries may pay the fee imposed and proceed with construction without prejudice to the person or entity's right to challenge the impact fee imposed under rule 106 of the Colorado rules of civil procedure. If the court determines that the district has either imposed an impact fee on construction that is not subject to the adopted schedule of impact fees or improperly calculated the impact fee amount, it may enter judgment in favor of the person or entity for the amount of any impact fee wrongfully collected with interest thereon from the date of collection.

(VIII)  As used in this subsection (1)(c):


(A)  Capital facility means any improvement or facility that is directly

related to any service that a district is authorized to provide, has an estimated useful life of five years or longer, and is required by the bylaws, rules, or regulations of a district, as adopted by the board of the district.

(B)  Local government has the same meaning as set forth in section 29-20-103 (1.5).


(IX)  Notwithstanding the provisions of this section, an ambulance district

may waive an impact fee or other similar development charge on the development of low- or moderate-income housing or affordable employee housing as defined by the ambulance district.

(2)  An ambulance district may be composed of only one county of the state

or a portion thereof or two or more contiguous counties of the state or portions thereof, and the district shall consist of contiguous territory within such county or counties. No ambulance district shall be established in any area in which there is a fire protection district or a health service district that is providing an ambulance service or in any municipality that is providing an ambulance service.

Source: L. 83: Entire section added, p. 412, � 6, effective June 1. L. 96: (2)

amended, p. 474, � 16, effective July 1. L. 2024: (1)(b) amended and (1)(c) added, (SB 24-194), ch. 230, p. 1415, � 4, effective August 7.

C.R.S. § 32-1-103

32-1-103. Definitions. As used in this article 1, unless the context otherwise requires:

(1)  Ambulance district means a special district which provides emergency

medical services and the transportation of sick, disabled, or injured persons by motor vehicle, aircraft, or other form of transportation to and from facilities providing medical services. For the purpose of this subsection (1), emergency medical services means services engaged in providing initial emergency medical assistance, including, but not limited to, the treatment of trauma and burns and respiratory, circulatory, and obstetrical emergencies.

(1.5)  Board means the board of directors of a special district.


(2)  Court means the district court in any county in which the petition for

organization of the special district was originally filed and which entered the order organizing said district or the district court to which the file pertaining to the special district has been transferred pursuant to section 32-1-303 (1)(b).

(2.5)  Depository institution means:


(a)  A person that is organized or chartered, or is doing business or holds an

authorization certificate, under the laws of a state or of the United States which authorize the person to receive deposits, including deposits in savings, shares, certificates, or other deposit accounts, and that is supervised and examined for the protection of depositors by an official or agency of a state or the United States; and

(b)  A trust company or other institution that is authorized by federal or state

law to exercise fiduciary powers of the type that a national bank is permitted to exercise under the authority of the comptroller of the currency and that is supervised and examined by an official or agency of a state or the United States. The term does not include an insurance company or other organization primarily engaged in the insurance business.

(3)  Director means a member of the board.


(4)  Division means the division of local government in the department of

local affairs.

(4.5)  Early childhood development service district means a special district

created pursuant to article 21 of this title 32 to provide, directly or indirectly, early childhood development services to children from birth through eight years of age.

(5) (a)  Eligible elector means a person who, at the designated time or

event, is registered to vote pursuant to the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., and:

(I)  Who is a resident of the special district or the area to be included in the

special district; or

(II)  Who, or whose spouse or civil union partner, owns taxable real or

personal property situated within the boundaries of the special district or the area to be included in the special district, whether said person resides within the special district or not.

(b)  A person who is obligated to pay taxes under a contract to purchase

taxable property situated within the boundaries of the special district or the area to be included within the special district shall be considered an owner within the meaning of this subsection (5).

(c)  Repealed.


(d)  For all elections and petitions that require ownership of real property or

land, the ownership of a mobile home as defined in section 38-12-201.5 (5) or 5-1-301 (29), or a manufactured home as defined in section 42-1-102 (48.8), is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.

(e)  In the event that the board, by resolution, ends business personal

property taxation by the district pursuant to subsection (8)(b) of section 20 of article X of the state constitution, persons owning such property and spouses or civil union partners of such persons shall not be eligible electors of the district on the basis of ownership of such property.

(6)  Repealed.


(6.5)  Financial institution or institutional investor means any of the

following, whether acting for itself or others in a fiduciary capacity:

(a)  A depository institution;


(b)  An insurance company;


(c)  A separate account of an insurance company;


(d)  An investment company registered under the federal Investment

Company Act of 1940;

(e)  A business development company as defined in the federal Investment

Company Act of 1940;

(f)  Any private business development company as defined in the federal

Investment Company Act of 1940;

(g)  An employee pension, profit-sharing, or benefit plan if the plan has total

assets in excess of five million dollars or its investment decisions are made by a named fiduciary, as defined in the federal Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the federal Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the federal Investment Advisers Act of 1940, a depository institution, or an insurance company;

(h)  An entity, but not an individual, a substantial part of whose business

activities consists of investing, purchasing, selling, or trading in securities of more than one issuer and not of its own issue and that has total assets in excess of five million dollars as of the end of its last fiscal year; and

(i)  A small business investment company licensed by the federal small

business administration under the federal Small Business Investment Act of 1958.

(7)  Fire protection district means a special district which provides

protection against fire by any available means and which may supply ambulance and emergency medical and rescue services.

(7.5)  Forest improvement district means a special district created pursuant

to article 18 of this title that protects communities from wildfires and improves the condition of forests in the district.

(8)  Governing body means a city council or board of trustees and includes

a body or board where the operation and management of service is under the control of a municipal body or board other than a city council or board of trustees.

(8.5)  Health assurance district means a special district that is created to

organize, operate, control, direct, manage, contract for, furnish, or provide, directly or indirectly, health-care services to residents of the district and family members of such residents who are in need of such services.

(9)  Health service district means a special district that may establish,

maintain, or operate, directly or indirectly through lease to or from other parties or other arrangement, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, or other facilities licensed or certified pursuant to section 25-1.5-103 (1)(a), C.R.S., providing health and personal care services and may organize, own, operate, control, direct, manage, contract for, or furnish ambulance service.

(9.3)  Inactive special district means a special district in a predevelopment

stage that has no residents other than those who lived within the district boundaries prior to the formation of the district, no business or commercial ventures or facilities within its boundaries, has not issued any general obligation or revenue debt and does not have any financial obligations outstanding or contracts in effect that require performance by the district during the time the district is inactive, has not imposed a mill levy for tax collection in that fiscal year, anticipates no receipt of revenue and has no planned expenditures, except for statutory compliance, in that fiscal year, has no operation or maintenance responsibility for any facilities, has initially filed a notice of inactive status pursuant to section 32-1-104 (3), and, each year thereafter, has filed a notice of continuing inactive status pursuant to section 32-1-104 (4).

(9.5)  Mental health-care service district means a special district created

pursuant to this article to provide, directly or indirectly, mental health-care services to residents of the district who are in need of mental health-care services and to family members of such residents.

(10)  Metropolitan district means a special district that provides for the

inhabitants thereof any two or more of the following services:

(a)  Fire protection;


(b)  Mosquito control;


(c)  Parks and recreation;


(d)  Safety protection;


(e)  Sanitation;


(f)  Solid waste disposal facilities or collection and transportation of solid

waste;

(g)  Street improvement;


(h)  Television relay and translation;


(i)  Transportation;


(j)  Water.


(11)  Municipality means a municipality as defined in section 31-1-101 (6),

C.R.S.

(12)  Net effective interest rate means the net interest cost of securities

issued by a public body divided by the sum of the products derived by multiplying the principal amount of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.

(13)  Net interest cost means the total amount of interest to accrue on

securities issued by a public body from their date to their respective maturities, less the amount of any premium above par, or plus the amount of any discount below par, at which said securities are being or have been sold. In all cases net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.

(13.5)  Nonprofit entity means a person that is registered as an exempt

charitable organization pursuant to 26 U.S.C. sec. 501 (c)(3) and that is exempt from taxation pursuant to 26 U.S.C. sec. 501 (a) of the federal Internal Revenue Code of 1986.

(14)  Park and recreation district means a special district which provides

parks or recreational facilities or programs within said district.

(14.3)  Privately owned real property or property means privately owned

real property that is not classified as agricultural land by the tax assessor. Privately owned real property or property does not mean privately owned real property owned by a nonprofit entity that is leased for agricultural purposes. Privately owned real property or property does not mean real property owned or occupied by a public utility that has a vegetation management or wildfire mitigation plan to address vegetative fuel sources or real property adjacent to a ditch that conveys decreed water rights or within the appurtenant easement within which the ditch is located.

(14.5)  Property owners list means the list furnished by the county assessor

in accordance with section 1-5-304, 1-13.5-204, or 1-13.5-1105 (2)(a) and (2)(b) showing each property owner within the district, as shown on a deed or contract of record.

(15)  Publication means printing one time, in one newspaper of general

circulation in the special district or proposed special district if there is such a newspaper, and, if not, then in a newspaper in the county in which the special district or proposed special district is located. For a special district with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the special district, then one publication is required in a newspaper in each county in which the special district is located and in which the special district also has fifty or more eligible electors.

(16)  Quorum means more than one-half of the number of directors serving

on the board of a special district.

(17)  Regular special district election means the election on the Tuesday

succeeding the first Monday of May in every odd-numbered year, held for the purpose of electing members to the boards of special districts and for submission of other public questions, if any.

(17.5)  (Deleted by amendment, L. 92, p. 874, � 105, effective January 1, 1993.)


(18)  Sanitation district means a special district that provides for storm or

sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto.

(19)  Secretary means the secretary of the board.


(19.5)  Solid waste shall have the same definition as specified in section 30-20-101 (6), C.R.S.


(20)  Special district means any quasi-municipal corporation and political

subdivision organized or acting pursuant to the provisions of this article. Special district does not include any entity organized or acting pursuant to the provisions of article 8 of title 29, article 20 of title 30, article 25 of title 31, or articles 41 to 50 of title 37, C.R.S.

(21)  Special election means any election called by the board for submission

of public questions and other matters. The election shall be held on the first Tuesday after the first Monday in February, May, October, or December, in November of even-numbered years or on the first Tuesday in November of odd-numbered years. Any special district may petition a district court judge who has jurisdiction in such district for permission to hold a special election on a day other than those specified in this subsection (21). The district court judge may grant permission only upon a finding that an election on the days specified would be impossible or impracticable or upon a finding that an unforeseeable emergency would require an election on a day other than those specified.

(22)  Taxable property means real or personal property subject to general

ad valorem taxes. Taxable property does not include the ownership of property on which a specific ownership tax is paid pursuant to law.

(23) (a)  Taxpaying elector means an eligible elector of a special district

who, or whose spouse or civil union partner, owns taxable real or personal property within the special district or the area to be included in or excluded from the special district, whether the person resides within the special district or not.

(b)  A person who is obligated to pay taxes under a contract to purchase

taxable property within the special district shall be considered an owner within the meaning of this subsection (23).

(c)  For all elections and petitions that require ownership of real property or

land, the ownership of a mobile home as defined in section 38-12-201.5 (5) or 5-1-301 (29), or a manufactured home as defined in section 42-1-102 (48.8), is sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.

(23.2)  Tunnel means one or more holes under or through the ground,

mountains, rock formations, or other natural or man-made material, including roads, railroads, pipelines, and other means of transporting vehicles, people, or goods through any such tunnel, whether located in the tunnel or, to the extent the same connects the tunnel to other similar facilities, located outside the tunnel. Tunnel also means any ventilation, drainage, and support facilities, toll collection facilities, administrative facilities, and other facilities necessary or convenient to the acquisition, construction, improvement, equipping, operation, or maintenance of the tunnel or to the operation of the tunnel district, whether located within or without the tunnel.

(23.5)  Tunnel district means a special district which provides a tunnel.


(23.7)  Vegetative fuel means any dead plant material that can burn and

contribute to a fire, including leaves, grass, shrubs, ground litter, dead leaves, and fallen pine needles.

(24)  Water and sanitation district means a special district which provides

both water district and sanitation district services.

(25)  Water district means a special district which supplies water for

domestic and other public and private purposes by any available means and provides all necessary or proper reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto.

Source: L. 81: Entire article R&RE, p. 1543, � 1, effective July 1. L. 82: (5)(d)

and (23)(c) added, p. 546, �� 5, 6, effective April 15. L. 83: (1) R&RE and (1.5) added, p. 412, �� 2, 3, effective June 1. L. 85: (20) amended, p. 1097, � 1, effective April 30; (21) amended, p. 1027, � 4, effective July 1; IP(5)(a) and (5)(a)(I) amended and (14.5) and (17.5) added, p. 1083, � 1, effective July 1, 1986. L. 86: (5)(c) repealed and (21) amended, pp. 1068, 814, �� 3, 6, effective July 1. L. 87: (23.2) and (23.5) added, p. 1232, � 1, effective May 13; IP(5)(a), (5)(a)(I), (5)(b), and (14.5) amended, p. 333, � 100, effective July 1. L. 89: (6) repealed, p. 1135, � 85, effective July 1. L. 90: (5)(d) amended, p. 1848, � 46, effective May 31. L. 91: (2.5) and (6.5) added, p. 780, � 2, effective June 4. L. 92: IP(5)(a), (17), (17.5), (21), and (23)(a) amended, p. 874, � 105, effective January 1, 1993. L. 93: (5)(a)(I) and (21) amended, p. 1438, � 133, effective July 1. L. 94: (5)(d) and (23)(c) amended, p. 706, � 10, effective April 19; (14.5) and (15) amended, p. 1194, � 97, effective July 1; (5)(a)(I) amended, p. 1775, � 45, effective January 1, 1995; (5)(d) and (23)(c) amended, p. 2565, � 79, effective January 1, 1995. L. 96: (5)(e) added and (9) and (14.5) amended, pp. 1771, 470, �� 72, 1, 73, effective July 1. L. 98: (10) and (18) amended and (19.5) added, p. 1069, � 1, effective June 1. L. 2001: (5)(d) and (23)(c) amended, p. 1276, � 42, effective June 5. L. 2003: (9) amended, p. 715, � 58, effective July 1. L. 2005: (9.5) added, p. 1035, � 1, effective June 2. L. 2007: (7.5) added, p. 425, � 1, effective April 9; (8.5) added, p. 1186, � 1, effective July 1. L. 2009: (20) amended, (SB 09-292), ch. 369, p. 1979, � 109, effective August 5. L. 2010: (9.3) added, (HB 10-1362), ch. 360, p. 1710, � 1, effective August 11. L. 2014: (5)(a), (5)(e), and (23)(a) amended, (HB 14-1164), ch. 2, p. 70, � 29, effective February 18. L. 2018: IP and (17) amended, (HB 18-1039), ch. 29, p. 330, � 3, effective July 1, 2022. L. 2019: IP amended and (4.5) added, (HB 19-1052), ch. 72, p. 257, � 1, effective August 2. L. 2020: (5)(d) and (23)(c) amended, (HB 20-1196), ch. 195, p. 927, � 18, effective June 30. L. 2021: (14.5) amended, (SB 21-160), ch. 133, p. 538, � 6, effective September 7. L. 2022: (5)(d) and (23)(c) amended, (SB 22-212), ch. 421, p. 2982, � 73, effective August 10. L. 2025: (13.5), (14.3), and (23.7) added, (HB 25-1009), ch. 42, p. 196, � 2, effective August 6.

Editor's note: (1)  The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2)  Amendments to subsection (5)(d) by Senate Bill 94-092 and Senate Bill

94-001 were harmonized. Amendments to subsection (23)(c) by Senate Bill 94-092 and Senate Bill 94-001 were harmonized.

Cross references: For the legislative declaration in HB 14-1164, see section 1

of chapter 2, Session Laws of Colorado 2014. For the legislative declaration in HB 25-1009, see section 1 of chapter 42, Session Laws of Colorado 2025.

C.R.S. § 32-1-1106

32-1-1106. Special financial provisions - metropolitan districts that provide fire protection, parks or recreational facilities or programs, street improvement, safety protection, or transportation services. (1) In addition to the powers specified in section 32-1-1101, the board of a metropolitan district organized with fire protection, parks or recreational facilities or programs, street improvement, safety protection, or transportation powers as described in section 32-1-1004 (2)(a), (2)(c), (2)(d), (2)(f), (2)(h), and (5) has the power, for and on behalf of the district, to levy a uniform sales tax, at a rate determined by the board, upon every transaction or other incident with respect to which a sales tax is levied by the state that occurs within any area of the district that is not also within the boundaries of an incorporated municipality subject to the following limitations:

(a)  The board may levy the tax only if the question of levying the tax is

submitted to and approved by a majority of the registered electors of the portion of the district in which the tax is to be levied voting at a regular district election or at a special election held on the Tuesday after the first Monday of November in an even-numbered year or on the first Tuesday of November in an odd-numbered year in accordance with this article and section 20 of article X of the state constitution. The ballot issue shall provide that the tax to be levied shall be in addition to any other taxes levied by the district. The district shall pay all costs of the election, and no district moneys may be used to urge or oppose passage of the ballot issue submitted at the election.

(b)  The net revenues of any sales or use tax levied may be used only to fund

one or more of the following:

(I)  Safety protection, as described in section 32-1-1004 (2)(d), in areas of the

district in which the tax is to be levied;

(II)  Street improvement, as described in section 32-1-1004 (2)(f), in areas of

the district in which the tax is to be levied;

(III)  Transportation, as described in, and limited by the provisions of, section

32-1-1004 (2)(h) and (5);

(IV)  Fire protection, as described in section 32-1-1004 (2)(a) in areas of the

district in which the tax is to be levied; or

(V)  Parks or recreational facilities or programs, as described in section 32-1-1004 (2)(c), located within the district in which the tax is to be levied.


(2) (a)  The collection, administration, and enforcement of any sales tax levied

by a metropolitan district pursuant to subsection (1) of this section shall be performed by the executive director of the department of revenue pursuant to part 2 of article 2 of title 29. The district shall pay the net incremental cost incurred by the department in the administration and collection of the sales tax.

(b)  (Deleted by amendment, L. 2024.)


(3)  Revenues raised by a metropolitan district through the levy of a sales tax

pursuant to subsection (1) of this section shall be in addition to and shall not be used to supplant any state funding that the district or any county, municipality, regional transportation authority, or other governmental entity that has transportation-related powers and that includes territory located within the district would otherwise be entitled to receive from the state or any other local government, including, but not limited to, any existing or budgeted department of transportation funding of any portion of the state highway system within the territory of the authority.

Source: L. 2010: Entire section added, (HB 10-1243), ch. 385, p. 1802, � 2,

effective August 11. L. 2012: (1)(a) amended, (HB 12-1292), ch. 181, p. 689, � 42, effective May 17. L. 2019: IP(1) and (1)(b) amended, (HB 19-1047), ch. 39, p. 133, � 1, effective August 2. L. 2023: IP(1), (1)(b)(III), and (1)(b)(IV) amended and (1)(b)(V) added, (HB 23-1062), ch. 84, p. 294, � 1, effective August 7. L. 2024: (2) amended, (SB 24-025), ch. 144, p. 570, � 25, effective July 1, 2025.

C.R.S. § 32-1-1107

32-1-1107. Special financial provisions - fire protection districts. (1) In addition to the powers specified in section 32-1-1101, the board of a fire protection district, referred to in this section as a district, has the power, for and on behalf of the district, to levy a uniform sales tax, at a rate determined by the board, upon every transaction or other incident with respect to which a sales tax is levied by the state that occurs within any area of the district's jurisdiction, subject to the following limitations:

(a)  The board may levy the sales tax only if the question of levying the sales

tax is submitted to and approved by a majority of the eligible electors of the district voting at a regular special district election or at a special election held on the Tuesday after the first Monday of November in an even-numbered year or on the first Tuesday of November in an odd-numbered year in accordance with this article 1, article 13.5 of title 1, and section 20 of article X of the state constitution. The ballot issue must provide that the sales tax to be levied shall be in addition to other taxes levied by the district. The district shall pay all costs of the election.

(b)  The net revenue of any sales tax levied may be used only to fund fire

protection services in areas of the district in which the tax is to be levied.

(2)  The executive director of the department of revenue shall collect,

administer, and enforce any sales tax levied by a district pursuant to part 2 of article 2 of title 29, as added and amended with relocated provisions in Senate Bill 24-025, enacted in 2024. The district shall pay the net incremental cost incurred by the department of revenue in the administration and collection of the sales tax.

(3)  Revenue raised by a district through the levy of a sales tax pursuant to

this section is in addition to and shall not be used to supplant any funding that the district would otherwise be entitled to receive from the state or any subdivision thereof.

Source: L. 2024: Entire section added, (SB 24-194), ch. 230, p. 1417, � 5,

effective July 1, 2025.

Editor's note: Section 9 of chapter 230 (SB 24-194), Session Laws of

Colorado 2024, provides that the act adding this section takes effect only if SB 24-025 becomes law and takes effect upon the effective date of SB 24-025. SB 24-025 became law and has an effective date of July 1, 2025.

C.R.S. § 32-1-301

32-1-301. Petition for organization. (1) After approval of the service plan pursuant to section 32-1-205 or 32-1-206 or after approval of the petition by the governing body of a municipality pursuant to section 32-1-205, the persons proposing the organization of a special district may file a petition for organization in the district court vested with jurisdiction of the county in which all or part of the real property in the proposed special district is situated. The petition shall be signed by not less than thirty percent or two hundred of the taxpaying electors of the proposed special district, whichever number is smaller. Notwithstanding any other provision of law, only those signatures obtained after the approval of the service plan pursuant to section 32-1-205 or 32-1-206 or after approval of the petition by the governing body of a municipality pursuant to section 32-1-205 shall be considered by the district court in making the evidentiary finding concerning the required number of taxpaying electors of the proposed special district that is required by section 32-1-305 (1).

(2)  The petition shall set forth:


(a)  The type of service to be provided by the proposed special district and

the name of the proposed special district, consisting of a chosen name preceding one of the following phrases:

(I)  Ambulance district;


(I.1)  Fire protection district;


(II)  Health service district;


(III)  Metropolitan district;


(IV)  Park and recreation district;


(V)  Sanitation district;


(VI)  Water and sanitation district;


(VII)  Water district;


(VIII)  Tunnel district;


(IX)  Mental health-care service district;


(X)  Health assurance district;


(XI)  Early childhood development service district.


(b)  A general description of the facilities and improvements, if any, to be

constructed, installed, or purchased for the special district;

(c)  A statement as to whether the proposed special district lies wholly or

partly within another special district or municipality;

(d)  The estimated cost of the proposed facilities and improvements;


(d.1)  The estimated property tax revenues for the district's first budget year;


(e)  A general description of the boundaries of the special district or the

territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the special district;

(f)  If selected by the petitioners, a general description of the boundaries of

director districts which shall have, as nearly as possible, the same number of eligible electors, which shall be as contiguous and compact as possible, and which shall be represented on the board by a director who is an eligible elector within the boundaries of the respective director district;

(g)  A request for the organization of the special district;


(h)  A request for the submission to the electors of the special district at the

organizational election of any questions permitted to be submitted at such election pursuant to section 32-1-803.5.

(3)  The petition shall be accompanied by a resolution approving the service

plan as provided in section 32-1-205, unless the service plan has been approved by the court as provided in section 32-1-206 or unless such special district is confined exclusively within the boundaries of any existing municipality, and the governing body of the municipality has approved the petition for organization by resolution which shall be attached to the petition.

Source: L. 81: Entire article R&RE, p. 1551, � 1, effective July 1. L. 83: (2)(a)(I)

R&RE and (2)(a)(I.1) added, p. 412, �� 4, 5, effective June 1. L. 85: (1) amended, p. 1108, � 1, effective March 1; (2)(f) amended, p. 1083, � 2, effective July 1, 1986. L. 86: (2)(d.1) added, p. 1030, � 14, effective January 1, 1987. L. 87: (2)(a)(VIII) added, p. 1232, � 2, effective May 13. L. 91: (1) amended, p. 786, � 10, effective June 4. L. 92: (2)(f) amended, p. 875, � 107, effective January 1, 1993. L. 93: (2)(h) added, p. 1439, � 134, effective July 1. L. 96: (2)(a)(II) amended, p. 470, � 2, effective July 1. L. 2005: (2)(a)(IX) added, p. 1035, � 3, effective June 2. L. 2007: (2)(a)(X) added, p. 1189, � 6, effective July 1. L. 2017: (1) amended, (HB 17-1065), ch. 73, p. 232, � 3, effective August 9. L. 2019: (2)(a)(XI) added, (HB 19-1052), ch. 72, p. 259, � 5, effective August 2.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

C.R.S. § 32-1-401.5

32-1-401.5. Fire protection districts - inclusion of personalty. (1) An owner of taxable personal property, situate on real property excluded from a fire protection district, capable of being served with facilities of the special district may file with the board a petition in writing requesting that such property be included in the special district. The petition shall set forth an accurate description of the taxable personal property owned by the petitioner to be included and shall state that assent to the inclusion of such property in the special district is given by the signer, being the owner of such property. The petition shall be acknowledged in the same manner as required for conveyance of land.

(2)  The board shall hear the petition at a public meeting after publication of

notice of the filing of such petition, the place, time, and date of such meeting, the names and addresses of the petitioners, and that all persons interested shall appear at such time and place and show cause in writing why the petition should not be granted. The board may continue such hearing to a subsequent meeting. There shall be no withdrawal from a petition after consideration by the board, nor shall further objections be filed except in case of fraud or misrepresentation.

(3)  The board shall grant or deny the petition, in whole or in part, with or

without conditions, and the action of the board shall be final and conclusive. If the petition is granted as to all or any of the property therein described, the board shall make an order to that effect and file the same with the clerk of the court, and the court shall thereupon order the property to be included in the special district.

Source: L. 82: Entire section added, p. 493, � 1, effective March 17.

C.R.S. § 32-1-501

32-1-501. Exclusion of property by fee owners or board - procedure. (1) The boundaries of a special district, except health service districts, may be altered by the exclusion of real property by the fee owner or owners of one hundred percent of any real property situate in the special district filing with the board a petition requesting that such real property of the fee owner or owners be excluded and taken from the special district. The petition shall set forth a legal description of the property, shall state that assent to the exclusion of the property from the special district is given by the fee owner or owners thereof, and shall be acknowledged by the fee owner or owners in the same manner as required for conveyance of land. The petition shall be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.

(1.5) (a)  In addition to the procedure specified in subsection (1) of this section,

the board, through adoption of a resolution, may alter the boundaries of a fire protection district through the exclusion of real property from the district if the property to be excluded will be provided with the same service by another fire protection district or by a county fire improvement district and the board or governing body of that district has agreed by resolution to include the property into the district immediately after the effective date of the exclusion order.

(b) (I)  Not more than forty-five days nor less than thirty days prior to a

meeting of the board to consider final adoption of a resolution proposing property to be excluded, the secretary of the fire protection district shall send letter notification to the fee owner or owners of one hundred percent of all proposed real property to be excluded from the district as listed on the records of the county assessor on the date requested.

(II)  The letter notification shall indicate that it is a notice of a meeting

required to be held pursuant to subsection (2) of this section concerning the exclusion of the property from the district, shall indicate the date, time, and location of the meeting, and shall contain both a reference to the fire protection district or county fire improvement district proposed for inclusion and the current mill levy of the district, if any.

(III)  The mailing of the letter notification to all addresses or post office box

addresses within the area proposed to be excluded from the district shall constitute a good-faith effort to comply with this section, and failure to so notify all fee owners shall not provide grounds for a challenge to the meeting being held.

(2)  The board shall hear the petition or resolution at a public meeting after

publication of notice of the filing of the petition or preliminary adoption of the resolution, the place, time, and date of the meeting, the names and addresses of the petitioners, if applicable, a general description of the area proposed for exclusion, and notice that all persons interested shall appear at the designated time and place and show cause in writing why the petition should not be granted or the resolution should not be finally adopted. The board may continue the hearing to a subsequent meeting. There shall be no withdrawal from a petition after publication of notice by the board without the consent of the board. The failure of any person in the existing special district to file a written objection shall be taken as an assent on his or her part to the exclusion of the area described in the notice.

(3)  The board shall take into consideration and make a finding regarding all

of the following factors when determining whether to grant or deny the petition or to finally adopt the resolution or any portion thereof:

(a)  The best interests of all of the following:


(I)  The property to be excluded;


(II)  The special district from which the exclusion is proposed;


(III)  The county or counties in which the special district is located;


(b)  The relative cost and benefit to the property to be excluded from the

provision of the special district's services;

(c)  The ability of the special district to provide economical and sufficient

service to both the property to be excluded and all of the properties within the special district's boundaries;

(d)  Whether the special district is able to provide services at a reasonable

cost compared with the cost that would be imposed by other entities in the surrounding area to provide similar services in the surrounding area or by the fire protection district or county fire improvement district that has agreed to include the property to be excluded from the special district;

(e)  The effect of denying the petition on employment and other economic

conditions in the special district and surrounding area;

(f)  The economic impact on the region and on the special district,

surrounding area, and state as a whole if the petition is denied or the resolution is finally adopted;

(g)  Whether an economically feasible alternative service may be available;

and

(h)  The additional cost to be levied on other property within the special

district if the exclusion is granted.

(4) (a) (I)  Except as provided in subparagraph (II) of this paragraph (a) and if

the board, after considering all of the factors set forth in subsection (3) of this section, determines that the property described in the petition or resolution or some portion thereof should be excluded from the special district, it shall order that the petition be granted or that the resolution be finally adopted, in whole or in part.

(II) (A)  If the property to be excluded from the special district will be served

by a special district not yet organized, the board shall not order that the petition be granted or that the resolution be finally adopted until the special district has been organized pursuant to part 3 of this article.

(B)  If the property to be excluded from the special district will be served by a

fire protection district or county fire improvement district as provided in subsection (1.5) of this section, the board shall not order that the petition be granted or that the resolution be finally adopted until the fire protection district or county fire improvement district has adopted a resolution agreeing to include the property in the district immediately after the effective date of the exclusion order and has filed the resolution with the court.

(C)  Notwithstanding any other provision of this article to the contrary, the

property to be excluded may be included within the boundaries of the proposed special district.

(b)  Upon granting the petition or finally adopting the resolution, the board

shall file a certified copy of the order of the board excluding the property from the district with the clerk of the court, and, except as provided in paragraph (c) of this subsection (4), the court shall order the property to be excluded from the special district and, if applicable, included into the fire protection district or county fire improvement district that has previously agreed to include the property as provided in subsection (1.5) of this section.

(c) (I)  If the property to be excluded from the special district will be served

by a fire protection district or county fire improvement district that has previously agreed to include the property as provided in subsection (1.5) of this section and that has a higher mill levy than the special district and after the certified copy of the order of the board excluding the property from the district is filed with the clerk of the court, the court shall direct the question of excluding the area from the special district and including it in the fire protection district or county fire improvement district with a higher mill levy to the eligible electors of the area sought to be excluded. The court shall order the secretary to give published notice, as provided in part 2 of article 5 and article 13.5 of title 1, of the time and place of the election and of the question to be submitted, together with a summary of any conditions attached to the proposed exclusion. The election shall be held within the area sought to be excluded and shall be held and conducted, and the results thereof determined, in the manner provided in article 13.5 of title 1. The ballot shall be prepared by the designated election official and shall contain the following words:

Shall the following described area be excluded from the ____________

district, which has a current mill levy of __, and become a part of the __ district, which has a current mill levy of ___, and upon the following conditions, if any?

(Insert general description of area)

(Insert accurate summary of conditions)

For exclusion from ____ district and inclusion

in _ district ___

Against exclusion from _ district __

(II)  If a majority of the votes cast at the election pursuant to subsection

(4)(c)(I) of this section are in favor of exclusion to become a part of another district and the court determines the election was held in accordance with article 13.5 of title 1, the court shall enter an order with any conditions so prescribed excluding the area from the special district and including it in the fire protection district or county fire improvement district with a higher mill levy. The validity of the exclusion to become a part of another district may not be questioned directly or indirectly in any suit, action, or proceeding, except as provided in article 11 of title 1.

(d)  The order of exclusion entered pursuant to paragraph (b) or (c) of this

subsection (4) shall recite in the findings a description of any bonded indebtedness in existence immediately preceding the effective date of the order for which the excluded property is liable and the date that the bonded indebtedness is then scheduled to be retired. After July 1, 1993, failure of the order for exclusion to recite the existence and scheduled retirement date of the indebtedness, when due to error or omission by the special district, shall not constitute grounds for correction of the omission of a levy on the excluded property from the assessment roll pursuant to section 39-5-125, C.R.S.

(5) (a)  If the board, after considering all of the factors set forth in subsection

(3) of this section, determines that the property described in the petition or resolution should not be excluded from the special district, it shall order that the petition be denied or that the resolution be rescinded.

(b) (I)  Any petition that is denied or resolution that is finally adopted may be

appealed to the board of county commissioners of the county in which the special district's petition for organization was filed for review of the board's decision. The appeal shall be taken no later than thirty days after the decision.

(II)  Upon appeal, the board shall consider the factors set forth in subsection

(3) of this section and shall make a determination whether to exclude the properties mentioned in the petition or resolution based on the record developed at the hearing before the special district board.

(c) (I)  Any decision of the board of county commissioners may be appealed

for review to the district court of the county which has jurisdiction of the special district pursuant to section 32-1-303 within thirty days of such board's decision.

(II)  On appeal, the court shall review the record developed at the hearing

before the special district board and, after considering all of the factors set forth in subsection (3) of this section, shall make a determination whether to exclude the properties mentioned in the petition or resolution.

Source: L. 81: Entire article R&RE, p. 1558, � 1, effective July 1. L. 88: (3) R&RE

and (4) and (5) added, pp. 1149, 1150, �� 1, 2, effective June 11. L. 93: (4)(b) amended, p. 83, � 1, effective March 29. L. 94: (1.5) added and (2), IP(3), (3)(a)(I), (3)(a)(II), (3)(b) to (3)(d), (3)(f), (4), (5)(a), (5)(b), and (5)(c)(II) amended, p. 1347, � 1, effective July 1. L. 96: (1) amended, p. 474, � 13, effective July 1. L. 2016: (4)(c) amended, (SB 16-189), ch. 210, p. 784, � 83, effective June 6. L. 2021: (4)(c)(I) and (4)(c)(II) amended, (SB 21-160), ch. 133, p. 539, � 10, effective September 7.

Editor's note: (1)  This section is similar to former � 32-2-122 as it existed

prior to 1981.

(2)  Section 2 of chapter 237, Session Laws of Colorado 1994, provides that,

prior to the inclusion of any property into a fire district with a higher tax rate, an election pursuant to � 20 of article X of the Colorado constitution shall be held.

C.R.S. § 32-1-502

32-1-502. Exclusion of property within municipality - procedure. (1) (a) The governing body of any municipality wherein territory within a special district is located, the board of any special district with territory within the boundaries of any municipality, or fifty percent of the fee owners of real property in an area of any municipality in which territory within a special district is located may petition the court for exclusion of the territory described in the petition from the special district. Within ten days after the filing of any petition for exclusion, the governing body of the municipality and the board shall be notified of the exclusion proceedings. The taxpaying electors shall be notified of the exclusion proceedings by publication. The governing body of the municipality, the board, and the taxpaying electors, as a class, shall be parties to the exclusion proceedings.

(b)  The provisions of this section shall not apply to health service districts.


(c)  The provisions of this section shall not apply in the event that the territory

described in the petition for exclusion constitutes the entire territory of the special district.

(2)  Subject to the provisions of subsection (5) of this section, the court shall

hold a hearing on the petition and order the territory described in the petition or any portion thereof excluded from the special district if the following conditions are met:

(a)  The governing body of the municipality agrees, by resolution, to provide

the service provided by the special district to the area described in the petition on and after the effective date of the exclusion order.

(b)  The service to be provided by the municipality will be the service provided

by the special district in the territory described in the petition for exclusion.

(c)  The governing body of the municipality and the board shall each submit a

plan for the disposition of assets and continuation of services to all areas of the district. Said plans shall include, if applicable, provisions for the maintenance and continuity of facilities to be utilized by the territories both within and without the municipal boundaries and of services to all territories served or previously served by the special district. If the municipality and the special district agree upon a single plan and enter into a contract incorporating its provisions, the court shall review such contract, and if it finds the contract to be fair and equitable, the court shall approve the contract and incorporate its provisions into its exclusion order. The court's review of the provisions of the contract shall include, but not be limited to, consideration of the amount of the special district's outstanding bonds, the discharge by the municipality or the territory excluded from the special district of that portion of the special district's indebtedness incurred to serve the territory proposed for exclusion, the fair market value and source of special district facilities located within the territory proposed for exclusion, the facilities to be transferred which are necessary to serve the territory proposed for exclusion, the adequacy of the facilities retained by the special district to serve the remaining territory of the special district, the availability of the facilities transferred to the municipality for use, in whole or in part, in the remaining territory of the special district, the effect which the transfer of the facilities and assumption of indebtedness will have upon the service provided by the special district in territory which is not part of the exclusion, and the extent to which the exclusion reduces the services or facilities or increases the costs to users in the remaining territory of the special district.

(d)  If the municipality and the special district are unable to agree upon a

single plan, the court shall review the plans of the municipality and the special district and direct each to carry out so much of their respective plans in which there is no disagreement and make such other provisions as the court finds fair and equitable, and shall make such allocation of facilities, impose such responsibilities for the discharge of indebtedness of the special district, and impose such other conditions and obligations on the special district and the municipality which the court finds necessary to permit the exclusion of territory from the special district and the transfer of facilities which are necessary to serve the territory excluded without impairing the quality of service nor imposing an additional burden or expense on the remaining territory of the special district. For the purpose of making such determination, the criteria set forth in this paragraph (d) and paragraphs (b) and (c) of this subsection (2) shall be considered. The respective portions of the plans to be performed, the transfer of facilities, and the requirements for the discharge of indebtedness of the special district and other conditions and obligations imposed by the court shall be specifically set forth in the order excluding territory from the special district.

(3) (a)  The following additional requirements shall be met before any court

orders the exclusion of any area from any water, sanitation, or water and sanitation district or any metropolitan district providing water or sanitation services or both:

(I)  Such district's outstanding bonds shall not exceed ten percent of the

valuation for assessment of the taxable property in the remaining territory of the special district, or, as an alternative, the municipality or the territory excluded from the special district shall discharge that portion of the special district's indebtedness incurred to serve the territory proposed for exclusion or the municipality shall have entered into a contract to purchase the entire system or systems of such district at a price at least sufficient to pay in full all of the outstanding indebtedness of such district and all of the interest thereon.

(II)  Provision shall be made that all areas of such district receive the service

or services for which such district was organized in substantial compliance and fulfillment of the service plan of the district, if one exists, or in accordance with the petition for organization of such district if no service plan was originally adopted and approved pursuant to part 2 of this article.

(b)  If an election in a water, sanitation, or water and sanitation district or a

metropolitan district providing water or sanitation services or both has been held pursuant to subsection (7) of this section and the majority of votes cast favor the municipality providing the service, the municipality and such district shall enter into a contract for the municipality to assume full responsibility for the operation and maintenance of the entire system or systems of such district and to integrate said system or systems with those of the municipality to the largest extent possible. The terms and conditions of service and the rates to be charged by the municipality for said service under the contract shall be uniform with the terms, conditions, and rates for similar service provided by said municipality to other users within the municipality.

(4)  If no election has been held pursuant to subsection (5) of this section, the

following additional requirement shall be met before any court orders the exclusion of any area from any fire protection district: The quality of service including, but not limited to, the fire insurance costs for the improvements within the excluded area will not be adversely affected by such exclusion.

(5) (a)  After the filing of a petition for exclusion under subsection (1) of this

section, ten percent or one hundred of the eligible electors of the special district territory proposed for exclusion, whichever number is less, may petition the court for a special election to be held within the special district territory proposed for exclusion on the question of exclusion of the territory described in the petition for exclusion. If a petition for a special election is filed with the court and complies with this subsection (5), the court shall order a special election to be held only after it finds the conditions of subsections (2)(a), (2)(c), and (2)(d) and, if applicable, of subsection (3) or (4) of this section are met. The election shall be held and conducted, and the results thereof determined, in the manner provided in article 13.5 of title 1. The special district shall bear the costs of the election.

(b)  If a majority of the electors voting at such election approve the question

of exclusion, the court shall order the territory excluded from the special district in accordance with its findings on the conditions specified in subsection (2) and, if applicable, of subsection (3) or (4) of this section. If a majority of those voting do not approve the question, the court shall conclusively terminate the exclusion proceeding.

(6)  Any order for exclusion of territory from a special district shall become

effective on January 1 next following the date the order is entered by the court. The order for exclusion shall recite in the findings a description of any bonded indebtedness in existence immediately preceding the effective date of the order for which the excluded property is liable and the date that such bonded indebtedness is then scheduled to be retired. After July 1, 1993, failure of the order for exclusion to recite the existence and scheduled retirement date of such indebtedness, when due to error or omission by the special district, shall not constitute grounds for correction of the omission of a levy on the excluded property from the assessment roll pursuant to section 39-5-125, C.R.S.

(7) (a)  After any exclusion of territory under this section, the court may order

an election of the electors of the portion of the special district remaining to determine whether they desire the municipality to provide the service provided by the special district if either of the following conditions exists:

(I)  More than fifty percent of the territory within the special district as it

existed prior to such exclusion has been excluded; or

(II)  The valuation for assessment of the area of the excluded territory is

greater than the valuation for assessment of the area of the remaining territory in the special district.

(b)  If a majority of the electors voting at such election approve the question

requiring the municipality to provide such service, the court shall request the governing body of the municipality and the board to enter into a contract which will govern the providing of the service. The terms and conditions of the contract shall be reviewed and approved by the court, but in no event shall the terms, rates, and conditions be less equitable than for services supplied by a municipality to any other users within the municipality. The court's review of the contract or, if the municipality and the special district after good faith negotiations are unable to agree upon a contract, the court's order shall be in accordance with the criteria set forth in paragraphs (b), (c), and (d) of subsection (2) of this section. The special district shall continue in existence for the purpose of fulfilling any obligation imposed upon it by the contract with the municipality or otherwise.

(c)  Any election held pursuant to this subsection (7) shall be held and

conducted, and the results thereof determined, in the manner provided in articles 1 to 13 of title 1, C.R.S.

Source: L. 81: Entire article R&RE, p. 1559, � 1, effective July 1. L. 85: (2)(a)

and (2)(b) amended, p. 1110, � 1, effective April 24. L. 92: (5)(a) and (7)(c) amended, p. 877, � 111, effective January 1, 1993. L. 93: (6) amended, p. 83, � 2, effective March 29. L. 96: (1)(b) amended, p. 474, � 14, effective July 1. L. 2016: (5)(a) amended, (SB 16-189), ch. 210, p. 785, � 84, effective June 6. L. 2021: (5)(a) amended, (SB 21-160), ch. 133, p. 540, � 11, effective September 7.

Editor's note: The provisions of this section are similar to provisions of

several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

C.R.S. § 32-1-503

32-1-503. Effect of exclusion order. (1) Territory excluded from a special district pursuant to the provisions of this part 5 shall not be subject to any property tax levied by the board for the operating costs of the special district. For the purpose of retiring the special district's outstanding indebtedness and the interest thereon existing at the effective date of the exclusion order, the special district shall remain intact, and the excluded territory shall be obligated to the same extent as all other property within the special district but only for that proportion of such outstanding indebtedness and the interest thereon existing immediately prior to the effective date of the exclusion order. The board shall levy annually a property tax on all such excluded and remaining property sufficient, together with other funds and revenues of the special district, to pay such outstanding indebtedness and the interest thereon. The board is also empowered to establish, maintain, enforce, and, from time to time, modify such service charges, tap fees, and other rates, fees, tolls, and charges, upon residents or users in the area of the special district as it existed prior to the exclusion, as may in the discretion of the board be necessary to supplement the proceeds of said tax levies in the payment of the outstanding indebtedness and the interest thereon. In no event shall excluded territory of a special district become obligated for the payment of any bonded indebtedness created after the date of the court's exclusion order.

(2)  The change of boundaries of the special district shall not impair nor

affect its organization, nor shall it affect, impair, or discharge any contract, obligation, lien, or charge on which it might be liable or chargeable had such change of boundaries not been made.

(3)  Notice of the court order of any exclusion accomplished pursuant to this

part 5 shall be given in accordance with the provisions of section 32-1-105.

Source: L. 81: Entire article R&RE, p. 1562, � 1, effective July 1.


Editor's note: This section is similar to former � 32-1-308 as it existed prior to

1981.

PART 6

CONSOLIDATION

Law reviews: For article, Consolidation of Fire Protection Districts: A Case

Study, see 24 Colo. Law. 813 (1995).

C.R.S. § 32-1-702

32-1-702. Requirements for dissolution petition. (1) A petition for dissolution must generally describe the territory embraced in the special district; must have a map showing the special district, a current financial statement of the special district, and a plan for final disposition of the assets of the special district and for payment of the financial obligations of the special district; must state whether or not the services of the special district are to be continued and, if so, by what means; and must state whether the existing board or a portion thereof is to continue in office, subject to court appointment to fill vacancies. Said petition may provide for the regional service authority board, the board of county commissioners, or the governing body of the municipality to act as the board in accordance with section 32-1-707.

(2)  The special district's current financial statement shall be accompanied

by adequate evidence of compliance with the requirements of subsection (3) of this section.

(3)  The petition for dissolution shall provide for one of the following:


(a)  A certificate that the special district has no financial obligations or

outstanding bonds;

(b)  A plan for dissolution stating that there are financial obligations or

outstanding bonds but that the special district will not continue in existence and specifically providing that funds or securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., will be placed in escrow, prior to dissolution, in a state or national bank within this state having trust powers and which is a member of the federal deposit insurance corporation and stating that such funds or securities will be sufficient for the payment of the financial obligations and outstanding bonds and all expenses relating thereto, including charges of any escrow agent;

(c)  A plan for dissolution stating that there are financial obligations or

outstanding bonds and specifically providing that the special district will continue in existence to such extent as is necessary to adequately provide for the payment of such financial obligations and outstanding bonds.

(4)  The petition for dissolution shall also provide for one of the following:


(a)  A statement that the services of the special district will not be continued

within such district;

(b) (I)  A plan for dissolution specifically providing that services are to be

continued within the special district by one or more regional service authorities, municipalities, counties, intergovernmental authorities formed and operated under part 2 of article 1 of title 29, C.R.S., or other special districts, or any combination thereof, and incorporating an agreement with such regional service authority, municipality, county, intergovernmental authority, or other special district, or any combination thereof, under which responsibility for all services presently provided by the special district will be assumed by such entity. Such agreement shall provide for the operation and maintenance of the system or facilities of the special district by the regional service authority, municipality, county, intergovernmental authority, or other special district, provisions for service, rates, and charges, and, if applicable, provisions concerning acquisition of the special district's system or facilities, consolidation or inclusion of territory, and procedures for contract modification, employee rights, and retirement benefits. Such agreement may include provisions for certification of levies by the special district continuing in existence under paragraph (c) of subsection (3) of this section, the contracting regional service authority, municipality, county, intergovernmental authority, or other special district providing the services. Any agreement concerning fire protection districts entered into pursuant to this subsection (4) shall include provisions for the continuation of paid employees' rights pursuant to section 32-1-1002 (2) and the retirement benefits of paid firefighters as provided in parts 2 and 4 of article 30.5 and article 31 of title 31, C.R.S., and the retirement benefits of volunteer firefighters under part 11 of article 30 of title 31, C.R.S.

(II)  If a portion of a special district is located within the boundaries of a

municipality and a dissolution proceeding has been initiated by the special district, the board shall hold a public hearing for residents in the unincorporated area of the special district to express their views concerning the provision of services to the unincorporated portions of the special district at the time of negotiation of the agreement or any modification thereof.

(5)  Any plan for dissolution shall include adequate provision for continuance

of existing services, and the financing thereof, to all areas of the special district being dissolved if such services are essential for the health, welfare, and safety of those residents of the special district being dissolved.

Source: L. 81: Entire article R&RE, p. 1569, � 1, effective July 1. L. 89: (3)(b)

amended, p. 1116, � 31, effective July 1. L. 91: (4)(b)(I) amended, p. 796, � 1, effective April 10. L. 95: (4)(b)(I) amended, p. 1385, � 18, effective June 5. L. 96: (4)(b)(I) amended, p. 942, � 8, effective May 23. L. 2022: (1) amended, (HB 22-1097), ch. 31, p. 177, � 2, effective August 10.

Editor's note: This section is similar to former � 32-1-604 as it existed prior to

1981.

Cross references: For the legislative declaration contained in the 1995 act

amending subsection (4)(b)(I), see section 1 of chapter 254, Session Laws of Colorado 1995.

C.R.S. § 32-11-104

32-11-104. Definitions. As used in this article 11, unless the context otherwise requires:

(1)  Acquisition or acquire means the purchase, construction,

reconstruction, lease, gift, transfer, assignment, option to purchase, other contract, grant from the federal government, any public body, or any other person, endowment, bequest, devise, installation, condemnation, and any other acquirement (or any combination thereof) of the facilities, other property, any project, or an interest therein, authorized by this article.

(2)  This article means the Urban Drainage and Flood Control Act.


(3)  Assess, assessment, or special assessment means the levy of a

special assessment, or the special assessment, against any tract specially benefited in an improvement district by any project, which assessment shall be made on a front-foot, zone, area, or other equitable basis as determined by the board; but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed as determined by the board, as provided in section 32-11-634 (4).

(4)  Assessable property means the tracts of land specially benefited in an

improvement district by any project the cost of which is wholly or partly defrayed by the urban district by the levy of assessments, except any tract owned by the federal government in the absence of its consent to the assessment of any tract so owned, and except any street, alley, highway, or other public right-of-way of a public body, as provided in section 32-11-660.

(5)  Assessment lien means a lien on a tract in an improvement district

created by resolution of the urban district to secure the payment of an assessment levied against that tract, as provided in section 32-11-645.

(6)  Assessment unit means a unit or quasi-improvement district designated

by the board for the purpose of petition, remonstrance, and assessment in the case of a combination of projects in an improvement district, pursuant to section 32-11-606.

(7)  Board or board of directors, when not otherwise qualified, means the

board of directors of the urban district.

(8)  Chairman or chairman of the board, or any phrase of similar import

means the de jure or de facto presiding officer of the board and the urban district, or his successor in functions, if any.

(9)  Commercial bank means a state or national bank or trust company

which is a member of the federal deposit insurance corporation, including without limitation any trust bank as defined in this section.

(10) (a)  Condemnation or condemn means the acquisition by the exercise

of the power of eminent domain of any property for the facilities, any project, or an interest therein, authorized in this article. The board may exercise on behalf of the district the power of eminent domain or dominant eminent domain within or without or both within and without the district in the manner provided in articles 1 to 7 of title 38, C.R.S., as from time to time amended, except as otherwise provided in this article. The district may take any property necessary to carry out any of the objects or purposes of this article, whether such property is already devoted to the same use by any person other than the federal government in the absence of its consent to any such taking, and may condemn any existing works or improvements of any such person in the district.

(b)  The power of eminent domain vested in the board includes the power to

condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which the board by resolution determines is necessary for carrying out the purposes of this article. Such resolution is prima facie evidence that the taking of the fee simple, easement, or other lesser estate or interest, as the case may be, is necessary.

(c)  The district shall not abandon any condemnation proceedings subsequent

to the date upon which it has taken possession of the property being acquired.

(d)  In the event the construction of any project authorized in this article, or

any part thereof, makes necessary the removal and relocation of any public utility, whether on private or public right-of-way, or otherwise, the district shall reimburse the owner of such public utility facility for the expense of such removal and relocation, including the cost of any necessary land or rights in land.

(11) (a)  Corporate district means any school district, local college district,

conservancy district, drainage district, metropolitan district, water district, sanitation district, water and sanitation district, mosquito control district, street improvement district, television relay and translator district, public improvement district, general improvement district, fire protection district, metropolitan recreation district, metropolitan park district, metropolitan recreation and park district, metropolitan water district, health service district, metropolitan sewage disposal district, irrigation district, internal improvement district, water conservation district, water conservancy district, or any other type of district constituting a body corporate and politic and a political subdivision of the state.

(b)  Corporate district does not include a district or urban district as

defined in this section nor an improvement district as defined in this section.

(12)  Cost or cost of the project, or any phrase of similar import, means, in

addition to the usual connotations thereof, all or any part of the cost of the acquisition, improvement, and equipment (or any combination thereof) of all or any part of a project of the urban district and of all or any property, rights, easements, licenses, privileges, franchises, and other agreements deemed by the urban district to be necessary or useful and convenient therefor or in connection therewith, and all incidental expenses pertaining thereto, including without limitation at the option of the board and as it may from time to time determine:

(a)  The cost of demolishing, removing, or relocating any buildings,

structures, or other facilities on land acquired;

(b)  The cost of acquiring any lands to which such buildings, structures, or

other facilities may be moved or relocated;

(c)  The cost of equipment for the district, including any project;


(d)  The cost of installing or relocating or installing and relocating water

lines, storm sewers, sanitary sewers, and other utility lines and services;

(e)  The costs of restoring any public street, highway, bridge, viaduct, or other

public right-of-way, stream of water, watercourse, ditch flume, pipeline, utility transmission line, or other public facilities to their former state of usefulness as nearly as may be;

(f)  Condemnation costs, including all preliminary expenses and other

incidental expenses pertaining to any condemnation;

(g)  The cost of preliminary plans, other plans, specifications, studies,

surveys, estimates of project cost and of taxes, revenues, and assessments (or any combination thereof), economic feasibility reports, and any other expenses necessary or incident to determining the feasibility or practicability of a project;

(h)  The cost of other estimates, appraising, printing, advice, inspection, and

other services rendered by engineers, architects, financial consultants, attorneys-at-law, clerical help, and other employees and agents of the urban district, and other professional costs;

(i)  Court costs and other legal expenses;


(j)  The cost of making, publishing, posting, mailing, and otherwise giving any

notice, and of filing and recording instruments;

(k)  The cost of acquiring any real property, including any easement or other

right or interest therein, and including the taking of any option;

(l)  The cost of contingencies, operation and maintenance expenses, and

other expenses of the district prior to and during the acquisition, improvement, and equipment (or any combination thereof) of any project, and additionally during a period of not exceeding one year after the completion of the project, as may be estimated and determined by the board in any resolution authorizing the issuance of any district securities or other instrument pertaining thereto or in any contract with any public body, the federal government, or otherwise;

(m)  Such provision or reserves or both provision and reserves for working

capital, operation and maintenance expenses, replacement expenses, or for payment or security of principal of and interest on any district securities during and after the acquisition, improvement, and equipment (or any combination thereof) of any project, as the board may determine;

(n)  Reimbursements to the federal government, the state, or any other public

body or other person of any moneys theretofore expended for the purposes of the district, including such expenditures for or in connection with a project;

(o)  The cost of funding any notes, warrants, or interim debentures as

provided in this article;

(p)  The preparation of budgets, including without limitation the procedure

preliminary thereto;

(q)  The levy, collection, and disposition of special assessments, including

without limitation the preparation of preliminary rolls and assessment rolls;

(r)  The levy, collection, and disposition of taxes;


(s)  The fixing, collection, and disposition of revenues;


(t)  All such other expenses as may be necessary or incident to the financing,

acquisition, improvement, equipment, and completion of the facilities, any project, any part thereof, or the placing of the same in operation.

(13) (a)  County means the county in the state of Colorado in which is

situated any tract assessed or other property to which the term county pertains, including without limitation the city and county of Denver and the city and county of Broomfield; and if such property at any time after June 14, 1969, is located in more than one county, county means each county in which the property is located.

(b)  Whenever the term county is used in connection with an election held

by the urban district, or taxes levied by the district, or otherwise in connection therewith, the term county means each county in which the urban district is located, including without limitation the city and county of Denver.

(14)  County assessor means the de jure or de facto county assessor of each

such county, or his successor in functions, if any.

(15)  County clerk means the de jure or de facto county clerk of each such

county, or his successor in functions, if any.

(16)  County treasurer means the de jure or de facto county treasurer of

each such county, or his successor in functions, if any.

(17)  Director means a de jure or de facto member of the board.


(18)  Disposal or dispose means the sale, destruction, razing, loan, lease,

grant, transfer, assignment, option to sell, other contract, or other disposition (or any combination thereof) of facilities, other property, or an interest therein, authorized in this article.

(19) (a)  District or urban district means the urban drainage and flood

control district created by this article.

(b)  District or urban district does not include the term corporate district

nor the term improvement district as defined in this section.

(20)  District securities means bonds, temporary bonds, notes, warrants,

and interim debentures evidencing loans to or money due from the urban district and authorized to be issued pursuant to the provisions of this article.

(20.3)  Election or special election means any election called by the

board:

(a)  For the submission of ballot issues as required by and set forth in section

20 of article X of the state constitution, to be held at either the general election or on the first Tuesday in November of odd-numbered years; or

(b)  For any other matter permitted or required in this article 11, which may be

held on any Tuesday.

(20.5)  Elector or registered elector has the same meaning as specified in

section 1-1-104 (35).

(21)  Engineer means any engineer in the permanent employ of the urban

district, or any licensed professional engineer, or firm of such engineers, as from time to time determined by the board:

(a)  Who has a wide and favorable repute for skill and experience in the field

of designing and in preparing plans and specifications for and supervising the construction of facilities like those which the district is authorized to acquire;

(b)  Who is entitled to practice and is practicing under the laws of the state;

and

(c)  Who is selected, retained, and compensated by the board, in the name

and on behalf of the district.

(22)  Equipment or equip means the furnishing of all necessary or

desirable, related, or appurtenant machinery, furnishings, apparatus, paraphernalia, and other gear, or any combination thereof, pertaining to any project or other property of the urban district, or any interest therein, authorized in this article, or otherwise relating to the district's facilities.

(23) (a)  Executive officer means the de jure or de facto mayor, chairman of

the board, president of the corporate district, or other titular head or chief official of a public body as defined in this section, or his successor in functions, if any.

(b)  Executive officer does not include a city manager, county manager, or

other chief administrator of a public body who is not its titular head.

(24) (a)  Facilities means the drainage and flood control system of the urban

district, consisting of all properties, real, personal, mixed, or otherwise, owned or acquired by the district through purchase, construction, or otherwise, and used in connection with such system of the district, and in any way pertaining thereto, whether situated within or without its limits, or both within and without its limits.

(b)  The facilities of the district may, as the board from time to time

determines, consist of any natural and artificial watercourses for the collection, channeling, impounding, and disposition of rainfall, other surface and subsurface drainage, and storm and flood waters, including without limitation ditches, ponds, dams, spillways, retarding basins, detention basins, lakes, reservoirs, canals, channels, levees, revetments, dikes, walls, embankments, bridges, inlets, outlets, connections, laterals, other collection lines, intercepting sewers, outfalls, outfall sewers, trunk sewers, force mains, submains, waterlines, sluices, flumes, syphons, sewer lines, pipes, other transmission lines, culverts, pumping stations, gauging stations, stream gauges, rain gauges, engines, valves, pumps, meters, junction boxes, manholes, other inlet and outlet structures, passenger cars, pickups, trucks, and other vehicles, bucket machines, inlet and outlet cleaners, backhoes, draglines, graders, other equipment, apparatus, fixtures, structures, and buildings, flood warning services, and appurtenant telephone, telegraph, radio, and television apparatus, and other water diversion, drainage, and flood control facilities, and all appurtenances and incidentals necessary, useful, or desirable for any such facilities (or any combination thereof), including real and other property therefor.

(25)  Federal government means the United States, or any department,

agency, instrumentality, or corporation thereof.

(26)  Repealed.


(27)  Fiscal year for the purpose of this article means the twelve months

commencing on the first day of January of any calendar year and ending on the last day of December of the same calendar year.

(28)  Governing body means the city council, city commission, board of

commissioners, board of trustees, board of directors, or other legislative body of a public body designated in this article in which body the legislative powers of the public body are vested.

(29)  Governor means the de jure or de facto governor of the state of

Colorado, or his successor in functions, if any.

(30) (a)  Gross revenues or gross pledged revenues means all the

revenues derived directly or indirectly from service charges by the urban district from the operation and use of and otherwise pertaining to the facilities, or any part thereof, whether resulting from repairs, extensions, enlargements, betterments, or other improvements to the facilities, or otherwise, and includes all revenues received by the district from the facilities, including, without limiting the generality of the foregoing, all fees, rates, and other charges for the use of the facilities, or for any service rendered by the district in the operation thereof, or otherwise pertaining thereto, as received by the urban district and pledged wholly or in part for the payment of any district securities issued under this article.

(b)  Gross revenues or gross pledged revenues does not include:


(I)  The proceeds derived from any assessments or taxes;


(II)  Any moneys borrowed and used for the acquisition of capital

improvements for or other acquisition of the facilities; and

(III)  Any moneys received as grants, appropriations, or other gifts from the

federal government, the state, or other sources, the use of which is limited by the grantor or donor to the construction of capital improvements for or other acquisition of the facilities, except to the extent any such moneys are received as service charges for the use of or otherwise pertaining to the facilities.

(31) (a)  Hereby, herein, hereinabove, hereinafter, hereof,

hereunder, herewith, or any term of similar import, refers to this article and not solely to the particular portion thereof in which such word is used.

(b)  Heretofore means before the adoption of this article.


(c)  Hereafter means after the adoption of this article.


(32)  Holder or any similar term, when used in conjunction with any

coupons, any bonds, or any other designated district securities, means the person in possession and the apparent owner of the designated item if such obligation is registered to bearer or is not registered, or the term means the registered owner of any such security which is registrable for payment if it is at the time registered for payment otherwise than to bearer.

(33)  Improvement or improve means the extension, enlargement,

betterment, alteration, reconstruction, replacement, and other major improvement (or any combination thereof) of the facilities, any property pertaining thereto, any project, or an interest therein, authorized in this article.

(34) (a)  Improvement district means the geographical area within the urban

district designated and delineated by the board, in which improvement district are located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and in which improvement district is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the urban district.

(b)  Improvement district does not mean the urban district as defined in

this section.

(35) (a)  Mailed notice, notice by mail, or any phrase of similar import

means the giving by the engineer, district secretary, district treasurer, county treasurer, any deputy thereof, or other designated person, as determined by the board or as otherwise provided in this article, of any designated written or printed notice addressed to the last-known owner of each tract assessed or to be assessed or other designated person at his last-known address, by deposit at least twenty days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. The failure to mail any such notice shall not invalidate any proceedings under this article.

(b)  The names and addresses of such property owners shall be obtained from

the records of the county assessor or from such other source or sources as the engineer, district secretary, district treasurer, county treasurer, any deputy thereof, or other person so giving notice deems reliable. Any list of such names and addresses pertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at twelve-month intervals.

(c)  Any mailing of any notice required in this article shall be verified by the

affidavit or certificate of the engineer, district secretary, district treasurer, county treasurer, the deputy thereof, or other person mailing the notice, which verification shall be retained in the records of the urban district at least until all assessments and securities pertaining thereto have been paid in full or any claim is barred by a statute of limitations.

(36) (a)  Municipality means an incorporated town, city and county, or city,

whether incorporated and governed under general act or special charter.

(b)  Municipal pertains to a municipality.


(37)  Net revenues or net pledged revenues means the gross pledged

revenues remaining after the deduction of the operation and maintenance expenses as defined in this section.

(38)  Newspaper means a newspaper printed in the English language at

least once each calendar week.

(39) (a)  Operation and maintenance expenses, or any phrase of similar

import, means all reasonable and necessary current expenses of the district, paid or accrued, of operating, maintaining, and repairing the facilities, including without limitation, at the district's option (except as by contract or otherwise limited by law):

(I)  Engineering, auditing, reporting, legal, and other overhead expense of the

district directly related to the administration, operation, and maintenance of the facilities;

(II)  Property and liability insurance and fidelity bond premiums;


(III)  Payments to pension, retirement, health, and hospitalization funds, and

other insurance;

(IV)  The reasonable charges of any paying agent, any copaying agent, and

any other depositary bank pertaining to any project, any bonds or other district securities pertaining thereto, or otherwise relating to the facilities;

(V)  Any taxes, assessments, excise taxes, or other charges which may be

lawfully imposed on the district or its income or operations of the facilities under its control, or any privilege relating to the facilities or their operation;

(VI)  The costs incurred by the district in the collection of any taxes,

assessments, and pledged revenues, and in making refunds of any taxes, assessments, or pledged revenues lawfully due to others;

(VII)  Expenses in connection with the issuance of district securities

evidencing any loan to or other obligation of the district;

(VIII)  The expenses and compensation of any trustee, receiver, or other

fiduciary under this article or otherwise;

(IX)  Contractual services and professional services, salaries, labor, and the

cost of materials and supplies used for current operation, ordinary and current rentals of equipment, or other property; and

(X)  All other administrative, general, and commercial expenses pertaining to

the facilities.

(b)  Operation and maintenance expenses does not include any allowance

for depreciation or any amounts for capital replacements, renewals, major repairs, and maintenance items (or any combination thereof) of a type not recurring annually or at shorter intervals; nor does it include: The costs of extensions, enlargements, betterments, and other improvements (or any combination thereof), or any reserves therefor; any reserves for operation, maintenance, or repair of the facilities; any allowance for the redemption of any bond or other district security evidencing a loan or other obligation of the district, or the payment of any interest thereon, or any reserve therefor; any liabilities incurred in the acquisition or improvement of any properties comprising any project (or any combination thereof) or otherwise pertaining to the facilities, or otherwise; any other grounds of legal liability not based on contract.

(40)  Ordinance means the formal instrument by the adoption of which a

governing body of any public body as defined in this section takes formal legislative action, whether such instrument is in the form of an ordinance, resolution, or other type of document.

(41) (a)  Person means a corporation, firm, other body corporate (including

the federal government or any public body), partnership, association, or individual, and also includes an executor, administrator, trustee, receiver, or other representative appointed according to law.

(b)  Person does not include the urban district as defined in this section.


(42)  Pledged revenues or revenues means all or a portion of the gross

pledged revenues. The designated term indicates a source of revenues and does not necessarily indicate all or any portion or other part of such revenues in the absence of further qualification.

(43)  Project means such part of the facilities of the district as the board

determines to acquire and authorize at one time.

(44)  Property means personal property and real property, both improved

and unimproved.

(45) (a)  Publication or publish means printing one time in one newspaper

of general circulation in the district.

(b)  (Deleted by amendment, L. 2018.)


(46) (a)  Public body means the state of Colorado or any agency,

instrumentality, or corporation thereof, or any county, municipality, corporate district, housing authority, county revitalization authority, urban renewal authority, other type of authority, the regents of the university of Colorado, the state board for community colleges and occupational education, or any other body corporate and politic and political subdivision of the state.

(b)  Public body does not include the federal government nor the urban

district as defined in this section.

(47)  Real property means:


(a)  Land, including land under water;


(b)  Buildings, structures, fixtures, and improvements on land;


(c)  Any property appurtenant to or used in connection with land; and


(d)  Every estate, interest, privilege, leasehold, easement, license, franchise,

right-of-way, and other right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage, or otherwise, and the indebtedness secured by such liens.

(48)  Revenues means the pledged revenues as defined in this section.


(49)  Secretary means the de jure or de facto secretary of the board and

the urban district, or his successor in functions, if any.

(50)  Service charges means the fees, rates, and other charges for the use

of the facilities of the district, or for any service rendered by the district in the operation thereof, or otherwise pertaining thereto, as more specifically provided in section 32-11-306 and elsewhere in this article.

(51)  Special assessments means assessment as defined in this section.


(52)  State means the state of Colorado; and, where the context so

indicates, state means the geographical area comprising the state of Colorado.

(53)  Taxes, taxation, or tax means general (ad valorem) taxes.


(54) (a)  Taxpaying elector means a registered elector who owns taxable

real or personal property within the district; except that, to qualify under this article 11 as a taxpaying elector, a person must also be a resident of the district.

(b)  A person who is obligated to pay taxes under a contract to purchase

property in the district shall be considered as such an owner.

(c)  The ownership of any property subject to the payment of a specific

ownership tax on a motor vehicle or trailer or of any other excise or property tax other than general (ad valorem) taxes shall not constitute the ownership of property subject to taxation as provided in this article.

(55) (a)  Tract means any lot or other parcel of land for assessment

purposes, whether platted or unplatted, regardless of lot or land lines.

(b)  Lots, plots, blocks, and other subdivisions may be designated in

accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description, as provided in section 32-11-659.

(56)  Treasurer means the de jure or de facto treasurer of the board and the

urban district, or his successor in functions, if any.

(57)  Trust bank means a commercial bank as defined in this section,

which bank is authorized to exercise and is exercising trust powers, and also means any branch of the federal reserve bank.

(58)  Urban district means district as defined in this section.


(59)  United States means the United States of America.


Source: L. 69: p. 733, � 3. C.R.S. 1963: � 89-21-3. L. 70: p. 298, � 115. L. 77:

(10)(a) amended, p. 287, � 61, effective June 29. L. 81: (54)(a) amended, p. 1626, � 35, effective July 1. L. 89: (26) repealed, p. 1135, � 85, effective July 1. L. 94: (54)(a) amended, p. 1643, � 71, effective May 31. L. 96: (11)(a) amended, p. 476, � 18, effective July 1. L. 2001: (13)(a) amended, p. 266, � 5, effective November 15. L. 2004: IP(21) amended, p. 1314, � 64, effective May 28. L. 2018: IP, (45), and (54)(a) amended and (20.3) and (20.5) added, (SB 18-025), ch. 22, p. 274, � 1, effective March 7. L. 2024: (46)(a) amended, (HB 24-1172), ch. 387, p. 2681, � 13, effective August 7.

C.R.S. § 32-18-108

32-18-108. Use of revenue. (1) The board may use the revenue received pursuant to section 32-18-106 to:

(a)  Plan and implement forest improvement projects in wildland-urban interface

areas, including projects to reduce hazardous fuels and protect communities, in cooperation with the state forest service, the division of parks and wildlife in the department of natural resources, conservation districts created pursuant to article 70 of title 35, C.R.S., the United States forest service, and the federal bureau of land management and other agencies in the United States department of the interior;

(b)  Establish financial incentives for private landowners to mitigate wildfire risks on

their property, including reimbursement of expenses pursuant to section 32-18-109;

(c)  Establish incentives for local wood products industries to improve the use of or

add value to small-diameter or beetle-infested trees;

(d)  Match state and federal grants for bioheating conversion and infrastructure

support for biomass collection and delivery;

(e)  Assist the state forest service in ensuring that all communities at risk of wildfire

within the district have adopted a community wildfire protection plan and are using appropriate planning, education, and outreach tools; and

(f)  Conduct or participate in forest health projects, as defined in section 37-95-103

(4.9).

Source: L. 2007: Entire article added, p. 429, � 2, effective April 9. L. 2021: (1)(d)

and (1)(e) amended and (1)(f) added, (HB 21-1008), ch. 159, p. 907, � 8, effective May 20.

C.R.S. § 32-18-109

32-18-109. Wildfire mitigation measures - private land - reimbursement. (1) A landowner who performs wildfire mitigation measures on his or her land in a district in any year may request reimbursement from the district, in an amount not to exceed fifty percent of the landowner's direct costs of performing the wildfire mitigation measures in that year or ten thousand dollars, whichever is less.

(2)  A landowner who performs wildfire mitigation measures on his or her land may

request reimbursement from a district in accordance with this section if the wildfire mitigation measures are:

(a)  Performed within the boundaries of the district;


(b)  Performed in a wild land-urban interface area;


(c)  Authorized by a community wildfire protection plan adopted by a local

government within the district; and

(d)  Approved by the board.


(3)  A landowner who intends to request reimbursement from a district as

authorized by this section shall file an application with the board in the form prescribed by the board. If the board determines that the wildfire mitigation measures performed by the landowner meet the requirements of this section, the board may reimburse the landowner in an amount determined by the board in its discretion; except that the amount of reimbursement paid to a landowner in any year shall not exceed fifty percent of the landowner's direct costs of performing the wildfire mitigation measures in that year or ten thousand dollars, whichever is less.

Source: L. 2007: Entire article added, p. 429, � 2, effective April 9.

ARTICLE 19

Health Assurance and Health Service Districts

C.R.S. § 32-7-111

32-7-111. Designation of services. (1) Subject to local authorization as provided in section 32-7-112, local governing bodies, by resolution, or the people, by petition, or the service authority organizational commission, if such services are not designated by the resolution or petition for formation prior to formation, or the board after formation, may, by resolution, initiate one or more of the following services or combinations thereof:

(a)  Domestic water collection, treatment, and distribution;


(b)  Urban drainage and flood control;


(c)  Sewage collection, treatment, and disposal;


(d)  Public surface transportation;


(e)  Collection of solid waste, but the service authority shall not collect solid

waste except on a finding by the board that existing solid waste collection service is inadequate. Such finding shall be in addition to the concurrent majority requirement of section 32-7-112 (1)(a).

(f)  Disposal of solid waste;


(g)  Parks and recreation;


(h)  Libraries;


(i)  Fire protection;


(j)  Hospitals, including convalescent nursing homes, ambulance services,

and any other health and medical care facilities or services;

(k)  Museums, zoos, art galleries, theaters, and other cultural facilities or

services;

(l)  Housing;


(m)  Weed and pest control;


(n)  Central purchasing, computer services, equipment pool, and any other

management services for local governments, including procurement of supplies; acquisition, management, maintenance, and disposal of property and equipment; legal services; special communication systems; or any other similar services to local governments which are directly related to improving the efficiency or operation of local governments;

(o)  Local gas or electric services or heating and cooling services from

geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat; except that no facilities of a municipally owned utility shall be combined with the facilities of another municipally owned utility without its consent and except that neither the initiation nor rendering of local gas and electric services under this paragraph (o) shall interfere with, impair, or otherwise affect any franchise, certificate of public convenience and necessity, or the services being rendered by any other supplier operating subject to the jurisdiction of the public utilities commission of the state of Colorado;

(p)  Jails and rehabilitation; and


(q)  Land and soil preservation.


(2)  Unless authorized pursuant to section 32-7-112 (2), the services provided

by a service authority shall be provided on a concurrent basis with local jurisdictions. This shall not prohibit a board from contracting with local governments or state government for the provision, construction, or operation of any service by the service authority or state or local government, nor does it prohibit any local government from voluntarily vesting exclusive jurisdiction for the provision of a given service with the service authority.

Source: L. 72: p. 461, � 1. C.R.S. 1963: � 89-25-11. L. 73: p. 997, � 1. L. 75: IP(1)

amended, p. 1299, � 3, effective June 20. L. 81: (1)(o) amended, p. 1457, � 6, effective May 27.

C.R.S. § 33-14-121

33-14-121. Out-of-state snowmobile permit program - fees - requirements - exemptions - rules - penalty - repeal. (1) No later than January 1, 2025, the division shall establish by rule the out-of-state snowmobile permit program.

(2) (a)  Except as provided in subsection (3) of this section, an owner or

operator of an out-of-state snowmobile shall obtain an out-of-state snowmobile permit when using the snowmobile for recreational travel upon publicly owned land.

(b)  Except as provided in subsection (3) of this section, a snowmobile

described in subsection (2)(a) of this section must display a permit as required by the division when being used for recreational travel on publicly owned land.

(c) (I)  This subsection (2) takes effect October 1, 2025.


(II)  This subsection (2)(c) is repealed, effective July 1, 2026.


(3)  The owner or operator of the following snowmobiles need not comply

with subsection (2) of this section:

(a)  Snowmobiles owned by the United States or another state or political

subdivision of another state if the ownership is clearly displayed on the snowmobile;

(b)  Snowmobiles operated in an organized competitive or noncompetitive

event on publicly or privately owned or leased land; except that this exemption does not apply unless the agency exercising jurisdiction over the land specifically authorizes the organized event; or

(c)  Snowmobiles operated on publicly owned land for nonrecreational

purposes, including logging, mining, grazing livestock, firewood-cutting, and taking trees for noncommercial purposes.

(4)  Out-of-state snowmobile permits, when issued on or before October 1 of

each year for use in the next permit year, are valid for one year from October 1 through the following September 30, and permits issued after October 1 for the current permit year expire on September 30 of the following year.

(5) (a)  Agents, as described in section 33-12-104, shall sell out-of-state

snowmobile permits.

(b)  The commission shall set the amount of the fee to be paid for the permit

by rule and deposit the fees in the snowmobile recreation fund created in section 33-14-106 (1)(a).

(6)  A person who violates this section commits a civil infraction and, upon

conviction, is subject to a fine of one hundred dollars.

Source: L. 2024: Entire section added, (SB 24-056), ch. 55, p. 191, � 4,

effective August 7.

ARTICLE 14.5

Off-highway Vehicles

33-14.5-101.  Definitions.  As used in this article 14.5, unless the context

otherwise requires:

(1)  All-terrain vehicle has the meaning set forth in section 42-6-102.


(1.5)  Dealer means a person engaged in the business of selling off-highway

vehicles at wholesale or retail in this state.

(2)  Direct services includes, but is not limited to, the activities and

expenses associated with law enforcement, capital equipment, rescue and first aid equipment, off-highway vehicle facilities, and division and contract services related to clearing parking lots and providing trail maintenance.

(3)  Off-highway vehicle means any self-propelled vehicle that is designed

to travel on wheels or tracks in contact with the ground, designed primarily for use off of the public highways, and generally and commonly used to transport persons for recreational purposes. Except as described in subsection (3)(h) of this section, off-highway vehicle includes surplus military vehicles as defined in section 42-6-102. Off-highway vehicle does not include the following:

(a)  Vehicles designed and used primarily for travel on, over, or in the water;


(b)  Snowmobiles;


(c)  Repealed.


(d)  Golf carts;


(e)  Vehicles designed and used to carry individuals with disabilities;


(f)  Vehicles designed and used specifically for agricultural, logging, or

mining purposes;

(g)  Vehicles registered pursuant to article 3 of title 42; or


(h)  A surplus military vehicle, as defined in section 42-6-102 (20.5), that is

owned or leased by a municipality, county, or fire protection district, as defined in section 32-1-103 (7), for the purpose of assisting with firefighting efforts, including mitigating the risk of wildfires.

(4)  Off-highway vehicle route means any road, trail, or way owned or

managed by the state or any agency or political subdivision thereof or the United States for off-highway vehicle travel.

(5)  Owner means any person, other than a lienholder, having a property

interest in an off-highway vehicle and entitled to the use and possession thereof.

(6)  Possession means physical custody of an off-highway vehicle by any

person or by any owner of a motor vehicle or trailer on or in which an off-highway vehicle is placed for the purpose of transport.

(7)  Staging area means any parking lot, trail head, or other location to or

from which any off-highway vehicle is transported by truck, trailer, or other motor vehicle so that it may be placed into operation or removed from operation. Staging area does not include any location to which an off-highway vehicle is transported primarily for the purpose of service, maintenance, repair, storage, or sale.

Source: L. 89: Entire article added, p. 1361, � 1, effective April 1, 1990. L. 95:

(4) amended, p. 340, � 7, effective July 1. L. 2014: (3)(e) amended, (SB 14-118), ch. 250, p. 986, � 23, effective August 6. L. 2018: (1) amended and (1.5) added, (HB 18-1103), ch. 80, p. 670, � 4, effective August 8. L. 2019: IP and IP(3) amended and (3)(c) repealed, (SB 19-054), ch. 364, p. 3358, � 2, effective July 1. L. 2020: IP(3), (3)(f), and (3)(g) amended and (3)(h) added, (SB 20-056), ch. 285, p. 1388, � 2, effective July 13.

Cross references: (1)  For additional definitions applicable to this article 14.5,

see � 33-10-102.

(2)  For the legislative declaration in HB 18-1103, see section 1 of chapter 80,

Session Laws of Colorado 2018.

33-14.5-102.  Off-highway vehicle registration - nonresident-owned or -operated off-highway vehicle permits - fees - applications - requirements -

exemptions - rules. (1) (a) Except as provided in subsection (6) of this section, and except as provided for nonresident-owned and -operated off-highway vehicles in subsection (9) of this section, no person shall operate, nor have in his or her possession at any staging area, any off-highway vehicle within the state unless such off-highway vehicle has been registered and numbered in accordance with the provisions of this article. The division is authorized to assign identification numbers and register off-highway vehicles.

(b)  The division shall employ off-highway vehicle agents, including dealers

and licensing agents serving as such for the division, for off-highway vehicle registration pursuant to section 33-12-104. Upon receiving a registration application, an agent shall collect the fee specified by the commission by rule and issue a temporary registration and shall forward the application to the division, which shall issue the registration. An agent may retain a commission not in excess of one dollar, as authorized by the division, for each registration issued. Any dealer is authorized to issue a temporary registration when a person purchases an off-highway vehicle from the dealer.

(2) (a)  Every dealer shall require a purchaser of an off-highway vehicle to

complete a registration application and pay the registration fee before the vehicle leaves the dealer's premises, except for those off-highway vehicles purchased for use exclusively outside of this state.

(b)  Each off-highway vehicle owned by a lessor for rental purposes shall be

registered pursuant to this article upon the payment of a registration fee, as provided in paragraph (a) of subsection (3) of this section.

(3) (a)  For each year, or portion of the year, beginning April 1 and ending the

following March 31, the original and each renewal registration fee to be paid by an owner must be in the amount specified by the commission by rule.

(b)  The fee for the replacement of a lost, mutilated, or destroyed registration

certificate shall be the fee specified in section 33-12-101.

(4) (a)  For each year, or portion of the year, beginning April 1 and ending the

following March 31, for which the registration is made, the registration fee for all off-highway vehicles owned by a dealer or manufacturer and operated solely for demonstration or testing purposes must be in an amount specified by the commission by rule.

(b)  Dealer and manufacturer registrations are not transferable and shall be

distinguished from the registration required for owners.

(5)  A registration certificate shall be issued without the payment of a fee for

any off-highway vehicle owned by the state of Colorado or a political subdivision thereof upon application therefor.

(6)  No registration under this article is required for any:


(a)  Off-highway vehicle owned by any agency of the United States or another

state or a political subdivision thereof when such ownership is clearly displayed on such vehicle;

(b)  Off-highway vehicle owned by a resident of another state or country if

such off-highway vehicle is covered by a valid license or registration of such other state or country and such off-highway vehicle has not been within this state for more than thirty consecutive days;

(c)  Off-highway vehicle used strictly for agricultural purposes;


(d)  Off-highway vehicle used strictly on private property;


(e)  Off-highway vehicle operated in an organized competitive or

noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;

(f)  Off-highway vehicle used by a dealer or manufacturer, or an authorized

designee thereof, for off-highway vehicle operator education or safety programs.

(7)  Any person who operates an off-highway vehicle in violation of this

section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(8)  Any dealer who does not comply with subsection (2)(a) of this section

commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

(9) (a)  Notwithstanding the provisions of subsections (1) to (8) of this section,

on and after April 1, 2000, no person shall operate, nor have in his or her possession at any staging area, any nonresident-owned or -operated off-highway vehicle within the state of Colorado unless such off-highway vehicle is covered by a valid license or registration of another state or country and such nonresident-owned or -operated off-highway vehicle has not been within this state for more than thirty consecutive days, or such nonresident-owned or -operated off-highway vehicle has been issued a permit pursuant to this subsection (9).

(b)  The division is hereby authorized to issue permits to nonresident-owned

or -operated off-highway vehicles.

(c) (I)  Nonresident off-highway vehicle permits shall be sold by the agents

designated pursuant to section 33-12-104, and the fee to be paid for the permits must be in the amount provided by the commission by rule.

(II)  Nonresident off-highway vehicle permits shall be valid for one year or

until the following March 31, whichever comes first.

(III)  The fee for the replacement of a lost, mutilated, or destroyed

nonresident off-highway vehicle permit shall be the fee specified in section 33-12-101 for replacement of passes and registrations.

(d)  Nonresident off-highway vehicle permits shall be displayed as required

by the division.

(e)  The following nonresident off-highway vehicles shall be exempt from the

requirements of this subsection (9):

(I)  Vehicles owned by the United States or another state or political

subdivision thereof if such ownership is clearly displayed on such vehicles;

(II)  Vehicles operated in an organized competitive or noncompetitive event

on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;

(III)  Vehicles used strictly on private property.


(f)  Any person who violates this subsection (9) commits a civil infraction and,

upon conviction thereof, shall be punished by a fine of one hundred dollars.

Source: L. 89: Entire article added, p. 1362, � 1, effective April 1, 1990. L. 95:

(6)(b) and (7) amended and (8) added, p. 341, � 8, effective July 1. L. 96: (1)(b), (3)(a), and (4)(a) amended, p. 783, � 9, effective May 23. L. 99: (1)(a) amended and (9) added, p. 887, � 1, effective August 4. L. 2003: (7) and (8) amended, p. 1951, � 36, effective May 22. L. 2011: (1)(b) amended, (SB 11-208), ch. 293, p. 1392, � 21, effective July 1. L. 2018: (1)(b), (3)(a), (4)(a), and (9)(c)(I) amended, (HB 18-1139), ch. 71, p. 635, � 7, effective August 8. L. 2019: (7) and (9)(f) amended, (HB 19-1026), ch. 423, p. 3700, � 31, effective July 1. L. 2021: (7), (8), and (9)(f) amended, (SB 21-271), ch. 462, p. 3270, � 588, effective March 1, 2022.

Cross references: For the legislative declaration in HB 18-1139, see section 1

of chapter 71, Session Laws of Colorado 2018. For the short title (Respect the Great Outdoors Act) and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.

33-14.5-103.  Proof of ownership for registration purposes. (1)  The division

shall require proof of ownership for an off-highway vehicle prior to the initial registration required under this article, but the division shall not issue a certificate of title for the vehicle.

(2)  The division shall keep a record of the manufacturer's numbers of all off-highway vehicles registered pursuant to this article and shall provide the

department of revenue with a copy of said record monthly. The department of revenue shall maintain a computerized list of such record in order to aid in the recovery of stolen off-highway vehicles.

Source: L. 89: Entire article added, p. 1363, � 1, effective April 1, 1990. L.

2013: (1) amended, (SB 13-280), ch. 407, p. 2377, � 1, effective June 5.

33-14.5-104.  Issuance of registration. (1) (a)  Upon the receipt of a sufficient

application for registration of an off-highway vehicle, as required by section 33-14.5-102, the division shall assign a distinctive number to the vehicle and shall enter upon its records the registration of such off-highway vehicle under the distinctive number assigned to it pursuant to this section.

(b)  A number assigned to an off-highway vehicle at the time of its original

registration shall remain with the off-highway vehicle until such off-highway vehicle is destroyed, abandoned, or permanently removed from the state or until such registration number is changed or terminated by the division.

(2)  The division shall, upon assignment of such number, issue and deliver to

the owner a registration in such form as the division shall prescribe. In the event of the loss, mutilation, or destruction of any registration, the owner of the registered off-highway vehicle shall file a statement containing such facts as the division shall require for the issuance of a replacement registration, together with the fee specified in section 33-12-101.

(3)  At the time of the original registration and at the time of each annual

renewal thereof, the division shall issue to said registrant a validation decal indicating the distinctive number assigned to such vehicle, as provided in subsection (1) of this section, and the validity of the current registration and the expiration date thereof, which validation decal shall be affixed to the off-highway vehicle in such manner as the division may prescribe. Notwithstanding the fact that an off-highway vehicle has been assigned an identifying number, it shall not be considered as validly registered within the meaning of this article unless a validation decal and current registration have been issued.

(4)  In the event that an off-highway vehicle sought to be registered or

reregistered does not comply with the provisions respecting equipment established by the regulations of the division, the division may deny the issuance of a current registration.

(5)  The registration number assigned to an off-highway vehicle shall be

displayed on the vehicle at all times in such manner as the division may, by regulation, prescribe.

(6)  Every person, while operating an off-highway vehicle in this state which is

required to be registered under this article, shall have on his person or in the off-highway vehicle the registration therefor and shall, upon demand of any peace officer authorized to enforce this article, produce for inspection the registration for such off-highway vehicle.

(7) (a)  Any person who violates subsection (5) of this section commits a civil

infraction and, upon conviction, shall be punished by a fine of twenty-five dollars.

(b)  Any person who violates subsection (6) of this section commits a civil

infraction and, upon conviction, shall be punished by a fine of fifty dollars.

Source: L. 89: Entire article added, p. 1364, � 1, effective April 1, 1990. L. 95:

(7) amended, p. 974, � 31, effective July 1. L. 2003: (7) amended, p. 1951, � 37, effective May 22. L. 2021: (7) amended, (SB 21-271), ch. 462, p. 3270, � 589, effective March 1, 2022.

33-14.5-105.  Transfer or other termination of ownership - rules. (1)  If there

is a change of ownership of an off-highway vehicle for which a registration has been issued, the new owner shall apply for a new registration from a dealer employed as a licensing agent or from the division. The application shall set forth the original number issued and shall be accompanied by the old registration properly signed by the previous owner and by the fee for registration in an amount specified by the commission by rule.

(2)  In the event that an off-highway vehicle was purchased through a dealer,

such application must be accompanied by a dealer's form, as prescribed by the division, numbered, completed, and signed by the dealer or his agent and by the new owner.

Source: L. 89: Entire article added, p. 1364, � 1, effective April 1, 1990. L. 96:

(1) amended, p. 783, � 10, effective May 23. L. 2018: (1) amended, (HB 18-1139), ch. 71, p. 635, � 8, effective August 8.

Cross references: For the legislative declaration in HB 18-1139, see section 1

of chapter 71, Session Laws of Colorado 2018.

33-14.5-106.  Off-highway vehicle recreation fund - creation - use of money.

(1) All fees collected from the registration of off-highway vehicles and all fees collected from the sale of off-highway use permits, plus all interest earned on such moneys shall be credited to the off-highway vehicle recreation fund, which fund is hereby created, and shall be used for the administration of this article, for information and awareness on the availability of off-highway vehicle recreational opportunities, for the promotion of off-highway vehicle safety, for the establishment and maintenance of off-highway vehicle routes, parking areas, and facilities, and for the purchase or lease of private land for the purposes of access to public land for uses consistent with the provisions of this article; however, any moneys collected in excess of four dollars per original or renewal registration shall be used exclusively for direct services and not administrative costs. The general assembly shall make annual appropriations from the off-highway vehicle recreation fund for the purposes enumerated in this subsection (1).

(2) (a)  Except as provided in subsection (2)(b) of this section, all money

collected for fines imposed pursuant to this article 14.5 shall be transferred to the state treasurer and credited to the off-highway vehicle recreation fund.

(b)  If a Colorado peace officer other than a division of parks and wildlife

officer makes an arrest or issues a citation for an offense arising from a violation of this article 14.5, the state treasurer shall credit one-half of the money collected for the resulting fine to the off-highway vehicle recreation fund and:

(I)  If the peace officer is employed by a local jurisdiction, one-half to the

treasurer of the local jurisdiction in which the violation occurred, to be credited to the appropriate fund; or

(II)  If the peace officer is employed by another state agency, one-half to a

fund administered by the state agency, as designated by the state agency.

(3) and (4)  Repealed.


Source: L. 89: Entire article added, p. 1365, � 1, effective April 1, 1990. L.

2003: (3) added, p. 1544, � 5, effective May 1; (2)(b)(II) amended, p. 1631, � 71, effective August 6. L. 2011: (2)(b)(I) and (2)(b)(II) amended, (SB 11-208), ch. 293, p. 1392, � 22, effective July 1. L. 2014: (3) repealed, (HB 14-1363), ch. 302, p. 1272, � 39, effective May 31. L. 2019: (2) amended, (HB 19-1026), ch. 423, p. 3700, � 32, effective July 1. L. 2020: (4) added, (HB 20-1406), ch. 178, p. 814, � 20, effective June 29. L. 2021: (4) amended, (SB 21-225), ch. 68, p. 272, � 2, effective April 29.

Editor's note: Subsection (4)(c) provided for the repeal of subsection (4),

effective July 1, 2022. (See L. 2021, p. 272.)

Cross references: For the short title (Respect the Great Outdoors Act) and

the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.

33-14.5-107.  Rules. (1)  The commission shall adopt rules in the manner

provided by article 4 of title 24, C.R.S., concerning the following:

(a)  Registration of off-highway vehicles and display of registration numbers;


(b)  Procedures and requirements to implement and administer the off-highway use permit program, including guidelines in connection with the

exemptions therefrom;

(c)  Formulation, in cooperation with appropriate federal agencies, of

guidelines for uniform maps and signs for use by the state, counties, cities, city and counties, and towns to control, direct, or regulate the operation and use of off-highway vehicles;

(d)  The use of off-highway vehicles, but such regulations shall not be

inconsistent with the provisions of this article in any way.

Source: L. 89: Entire article added, p. 1365, � 1, effective April 1, 1990. L.

2012: IP(1) amended, (HB 12-1317), ch. 248, p. 1227, � 65, effective June 4.

33-14.5-108.  Off-highway vehicle operation prohibited on streets, roads,

and highways. (1) It is unlawful to operate an off-highway vehicle on the public streets, roads, or highways of this state, regardless of the state or other jurisdiction in which the off-highway vehicle is registered or titled, except in the following cases:

(a)  When a street, road, or highway is designated open by the state or any

agency of the state;

(b)  When crossing streets or when crossing roads, highways, or railroad

tracks in accordance with section 33-14.5-108.5;

(c)  When traversing a bridge or culvert;


(d)  During special off-highway vehicle events lawfully conducted pursuant to

the authority granted to local political subdivisions in this article;

(e)  During emergency conditions declared by the proper state or local

authority;

(f)  When local political subdivisions have authorized by ordinance or

resolution the establishment of off-highway vehicle routes to permit the operation of off-highway vehicles on city streets or county roads, but no street or road which is part of the state highway system may be so designated;

(g)  When using an off-highway vehicle for agricultural purposes;


(h)  When authorized under subsection (3) of this section; and


(i)  When a public utility, as defined in section 40-1-103 (1), C.R.S., or a

cooperative electric association, as defined in section 40-9.5-102, C.R.S., or any agent thereof designated specifically for the purpose of meter reading or repair, is using an off-highway vehicle for business purposes.

(2)  Any person who violates subsection (1) of this section commits a civil

infraction and, upon conviction, shall be punished by a fine of fifty dollars.

(3) (a)  Except as otherwise provided in paragraph (d) of this subsection (3), it

is unlawful for a person to operate a motor vehicle on any federal public land, trail, or road unless the federal public land, trail, or road is signed or otherwise authorized for such use. A peace officer shall not enforce this paragraph (a) within an administrative unit of federal public land until the controlling land management agency identifies whether a route is available for motorized travel by maps, route markers, or signs that are available to the public and provide information to determine whether the route is authorized. Except for violations occurring within a federal wilderness area, a person who violates this paragraph (a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars. A person who violates this paragraph (a) within a federal wilderness area is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of two hundred dollars.

(b)  A person is guilty of a misdemeanor and, upon conviction thereof, shall be

punished by a fine of one hundred fifty dollars if the person, without authorization, takes either of the following actions with regard to a sign located on federal public land that affects whether motor vehicle travel is or purports to be authorized:

(I)  Removes, defaces, or destroys such a sign that was installed by the

controlling land management agency; or

(II)  Installs such a sign.


(c)  A peace officer may enforce this subsection (3).


(d) (I)  The prohibition and penalties expressed in paragraphs (a) and (b) of

this subsection (3) do not apply to a peace officer in the performance of his or her official duties, a person acting at the direction of a peace officer, or a person otherwise authorized to operate a motor vehicle on the federal public land, trail, or road by legal right or by permission of the controlling land management agency, including administrative and emergency access, facility maintenance, ski area operations, oil and gas operations, logging operations, and motor vehicle use that is authorized under permits, including for special events, recreational uses, firewood gathering, and livestock operations and activities.

(II)  Nothing in this subsection (3) affects any authority that the parks and

wildlife commission has pursuant to law other than this subsection (3) to regulate motor vehicle travel on lands subject to the commission's jurisdiction.

Source: L. 89: Entire article added, p. 1366, � 1, effective April 1, 1990. L. 95:

(1)(a) and (2) amended and (1)(h) added, p. 341, � 9, effective July 1. L. 99: (1)(i) added, p. 888, � 2, effective August 4. L. 2003: (2) amended, p. 1951, � 38, effective May 22. L. 2008: (1)(h)(III) added, p. 146, � 3, effective July 1. L. 2013: (1)(h) amended and (3) added, (SB 13-067), ch. 106, p. 369, � 2, effective April 4. L. 2015: (1)(b) amended, (SB 15-023), ch. 21, p. 51, � 1, effective August 5. L. 2018: (1)(a) amended, (HB 18-1103), ch. 80, p. 669, � 2, effective August 8. L. 2021: IP(1) amended, (HB 21-1138), ch. 107, p. 430, � 1, effective May 7; (2) amended, (SB 21-271), ch. 462, p. 3270, � 590, effective March 1, 2022.

Editor's note: Section 2 of chapter 107 (HB 21-1138), Session Laws of

Colorado 2021, provides that the act changing this section applies to conduct occurring before, on, or after May 7, 2021.

Cross references: For the legislative declaration contained in the 2008 act

enacting subsection (1)(h)(III), see section 1 of chapter 54, Session Laws of Colorado 2008. For the legislative declaration in HB 18-1103, see section 1 of chapter 80, Session Laws of Colorado 2018.

33-14.5-108.5.  Crossing roads, highways, and railroad tracks. (1)  The driver

of an off-highway vehicle may directly cross a roadway, including a state highway, at an at-grade crossing to continue using the off-highway vehicle on the other side.

(2)  A person shall not cross a highway while driving an off-highway vehicle

unless the crossing is made in accordance with the following:

(a)  The crossing must be made at an angle of approximately ninety degrees

to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.

(b)  The off-highway vehicle must be brought to a complete stop before

crossing the shoulder or, if none, the roadway before proceeding.

(c)  The driver must yield the right-of-way to all motor vehicle traffic on the

roadway that constitutes an immediate hazard to the crossing.

(d)  A driver of an off-highway vehicle must cross a divided highway at an

intersection of the highway with another road or highway.

(3)  A person who violates this section commits a civil infraction and, upon

conviction, shall be punished by a fine of one hundred dollars.

Source: L. 2015: Entire section added, (SB 15-023), ch. 21, p. 51, � 2, effective

August 5. L. 2016: (1) amended, (SB 16-008), ch. 18, p. 42, � 1, effective March 16; (1) amended, (HB 16-1030), ch. 73, p. 193, � 1, effective April 12. L. 2019: (3) amended, (HB 19-1026), ch. 423, p. 3701, � 33, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3270, � 591, effective March 1, 2022.

Cross references: For the short title (Respect the Great Outdoors Act) and

the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.

33-14.5-109.  Required equipment - off-highway vehicles. (1)  No off-highway vehicle shall be operated upon public land unless it is equipped with the

following:

(a)  At least one lighted head lamp and one lighted tail lamp, each having the

minimum candlepower prescribed by regulation of the division while being operated between the hours of sunset and sunrise;

(b)  Brakes and a muffler and spark arrester which conform to the standards

prescribed by regulation of the division, which shall be applicable in all cases except for off-highway vehicles being operated in organized competitive events held on private lands with the permission of the landowner, lessee, or custodian of the land, on public lands and waters under the jurisdiction of the division with its permission, or on other public lands with the consent of the public agency owning the land.

(2)  A person who violates subsection (1) of this section commits a civil

infraction and, upon conviction, shall be punished by a fine of fifty dollars; except that the fine for a violation relating to a spark arrester is one hundred fifty dollars.

Source: L. 89: Entire article added, p. 1366, � 1, effective April 1, 1990. L. 95:

(2) amended, p. 974, � 32, effective July 1. L. 2003: (2) amended, p. 1952, � 39, effective May 22. L. 2013: (2) amended, (SB 13-067), ch. 106, p. 371, � 3, effective April 4. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3270, � 592, effective March 1, 2022.

33-14.5-110.  Regulation by political subdivisions. (1) (a)  Except as provided

in paragraph (b) of this subsection (1), any county, city and county, city, or town acting by its governing body may regulate the operation of off-highway vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance of the governing body and by giving appropriate notice of the regulation if the regulation is not inconsistent with this article and the rules promulgated under this article.

(b) (I)  Notwithstanding the requirement that its ordinance or resolution not

be inconsistent with this article 14.5 or a rule promulgated under this article 14.5, a county, city and county, city, or town may, when an off-highway vehicle is being driven on a street, road, or highway within the jurisdiction of the county, city and county, city, or town, do any combination of the following:

(A)  Require the driver to have a driver's license;


(B)  Require the driver to carry liability insurance;


(C)  Require the occupants to wear a safety belt system if the manufacturer

installed a safety belt system in the off-highway vehicle;

(D)  Require the use of a child restraint system in accordance with section 42-4-236 if the off-highway vehicle was designed by the manufacturer to be used with

a child restraint system;

(E)  Require the use of eye protection for all occupants in the off-highway

vehicle, which eye protection must conform to section 42-4-232 (1) unless the eye protection is a windshield;

(F)  Require the use of a helmet for an occupant who is under eighteen years

of age, in accordance with section 42-4-1502 (4.5); or

(G)  Limit the number of occupants to the greater of the number of occupants

that the off-highway vehicle was designed by the manufacturer to hold or the number of occupants that the vehicle was designed to hold plus one occupant in an aftermarket seat if the aftermarket seat is installed in accordance with the instructions of the aftermarket seat manufacturer and does not extend outside the roll cage; but if the off-highway vehicle is an all-terrain vehicle or motorcycle, limit the number of occupants to two.

(II)  Notwithstanding subsection (1)(b)(I) of this section, a county, city and

county, city, or town does not have authority to promulgate a resolution or ordinance imposing the requirements authorized by subsection (1)(b)(I) of this section under the circumstances described in section 33-14.5-108 (1)(a), (1)(d), (1)(e), and (1)(g) to (1)(i).

(2)  No county, city and county, city or town acting by its governing body may

adopt an ordinance which imposes a fee for the use of public land or water under the jurisdiction of any agency of the state or for the use of any access thereto owned by the county, city and county, city, or town; nor shall it require an off-highway vehicle to be licensed or registered in such political subdivision.

(3)  For a city or town to regulate the crossing of a state highway under the

jurisdiction of the Colorado department of transportation, the city or town must request in writing that the regional office of the department approve the regulation. The regional office shall not unreasonably withhold approval. If the regional office does not approve or deny the request within sixty days after received, the request is deemed approved.

Source: L. 89: Entire article added, p. 1366, � 1, effective April 1, 1990. L.

2016: (3) added, (SB 16-008), ch. 18, p. 42, � 2, effective March 16; (1) amended and (3) added, (HB 16-1030), ch. 73, pp. 193, 194, �� 2, 3, effective April 12. L. 2018: (1)(b) amended, (HB 18-1103), ch. 80, p. 669, � 3, effective August 8.

Cross references: For the legislative declaration in HB 18-1103, see section 1

of chapter 80, Session Laws of Colorado 2018.

33-14.5-111.  Enforcement - federal, state, and local cooperation. (1)  Every

parks and recreation officer, every peace officer of this state and its political subdivisions, and every person commissioned by the division has the authority to enforce the provisions of this article.

(2)  The division is authorized to enter into cooperative agreements with

federal land management agencies for the purpose of regulating off-highway vehicle use on federal lands.

Source: L. 89: Entire article added, p. 1367, � 1, effective April 1, 1990.


33-14.5-112.  Off-highway use permit - fees - applications - requirements -

exemptions - rules. (1) (a) No later than January 1, 1990, the division of parks and recreation shall devise a plan for implementation of the off-highway use permit program.

(b)  On and after January 1, 1991, the owner of every vehicle required to be

registered pursuant to article 3 of title 42, C.R.S., and the owner or operator of every motor vehicle and off-highway vehicle from another state or country, when such vehicle is being used for recreational travel upon designated off-highway vehicle routes, shall obtain and display on such vehicle an off-highway use permit.

(2)  Off-highway use permits shall be sold by the agents referred to in section

33-12-104, and the fee to be paid for the permits must be in the amount provided by the commission by rule.

(3)  Off-highway use permits, when issued on April 1, shall be valid for a one-year period, which runs from April 1 through the following March 31. All permits

issued during the year at any time after April 1 shall expire on the following March 31.

(4)  Off-highway use permits shall be displayed as required by the division.


(5)  The following vehicles shall be exempt from the requirements of this

section:

(a)  Vehicles owned by the United States or another state or political

subdivision thereof if such ownership is clearly displayed on such vehicles;

(b)  Vehicles operated in an organized competitive or noncompetitive event

on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;

(c)  Vehicles operated on public land for purposes other than recreational

use, which purposes shall include but not be limited to logging, mining, grazing of livestock, firewood-cutting, and the taking of trees for noncommercial purposes.

(6)  Any person who violates subsection (1)(b) of this section commits a civil

infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

Source: L. 89: Entire article added, p. 1367, � 1, effective April 1, 1990. L. 95:

(6) amended, p. 974, � 33, effective July 1. L. 96: (2) amended, p. 784, � 11, effective May 23. L. 2003: (6) amended, p. 1952, � 40, effective May 22. L. 2018: (2) amended, (HB 18-1139), ch. 71, p. 636, � 9, effective August 8. L. 2019: (6) amended, (HB 19-1026), ch. 423, p. 3701, � 34, effective July 1. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3271, � 593, effective March 1, 2022.

Cross references: For the legislative declaration in HB 18-1139, see section 1

of chapter 71, Session Laws of Colorado 2018. For the short title (Respect the Great Outdoors Act) and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.

33-14.5-113.  Notice of accident. (1)  The operator of an off-highway vehicle

involved in an accident resulting in property damage of fifteen hundred dollars or more or injuries resulting in hospitalization or death, or some person acting for the operator, or the owner of the off-highway vehicle having knowledge of the accident shall immediately, by the quickest available means of communication, notify an officer of the Colorado state patrol, the sheriff's office of the county wherein the accident occurred, or the office of the police department of the municipality wherein the accident occurred.

(2)  Any law enforcement agency receiving a report of accident under this

section shall forward a copy thereof to the division, which shall compile statistics annually based upon such reports.

(3)  Within forty-eight hours after an accident involving an off-highway

vehicle, the accident shall be reported to the Denver office of the division. The report shall be made on forms furnished by the division and shall be made by the owner or operator of the vehicle or someone acting for the owner or operator.

(4)  Any person who violates subsection (1) or (3) of this section commits a

civil infraction and, upon conviction, shall be punished by a fine of seventy-five dollars.

Source: L. 95: Entire section added, p. 341, � 10, effective July 1. L. 2003: (4)

amended, p. 1952, � 41, effective May 22. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3271, � 594, effective March 1, 2022.

ARTICLE 15

Law Enforcement and Penalties -

Parks and Outdoor Recreation

Editor's note: This article was added in 1984 with an effective date of

January 1, 1985. Prior to 1984, the substantive provisions of this article were contained in article 6 of this title.

Cross references: For the definitions applicable to this article 15, see � 33-10-102.

C.R.S. § 33-15-106

33-15-106. Fires. (1) On any property under the control of the division, it is unlawful for any person to:

(a)  Start or maintain a fire if he or she knowingly or recklessly fails to

reasonably attend the fire at all times or fails to thoroughly extinguish the fire before leaving the site;

(b)  Start, build, tend, or maintain a fire in violation of the provisions of any

applicable order lawfully issued by a governmental authority that prohibits, bans, or regulates fires during periods of extreme fire hazard and that is designed to promote the safety of persons and property.

(2) (a)  Any person who violates subsection (1)(a) of this section commits a

class 2 misdemeanor.

(b)  Except as otherwise provided in subsection (2)(c) of this section, any

person who violates subsection (1)(b) of this section is guilty of a class 2 misdemeanor.

(c)  Any person who knowingly violates paragraph (b) of subsection (1) of this

section and who knows or reasonably should know that he or she violates any order described in such paragraph that prohibits, bans, or regulates fires commits a class 6 felony.

(3)  Any person who starts, builds, tends, or maintains a fire in a careless or

reckless manner that indicates either a lack of due regard for the fire hazard present or a wanton and willful disregard for the safety of persons and property is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one thousand dollars.

(4)  In addition to the penalties provided by this section, the court may require

the defendant to reimburse the division for the costs of fire suppression in the case of wildfires.

Source: L. 84: Entire article added, p. 916, � 2, effective January 1, 1985. L.

95: Entire section amended, p. 969, � 10, effective July 1. L. 2002, 3rd Ex. Sess.: (2) amended, p. 39, � 6, effective July 17. L. 2018: (1)(a) and (2)(a) amended, (HB 18-1051), ch. 57, p. 599, � 2, effective July 1. L. 2021: (2)(a) and (2)(b) amended, (SB 21-271), ch. 462, p. 3272, � 598, effective March 1, 2022.

C.R.S. § 37-80-124

37-80-124. State engineer - designation of fire suppression ponds - conditional requirements - inspections - expiration of designation - database - reviews by water courts. (1) For the purposes of section 37-82-107, the state engineer shall:

(a)  Review applications received from boards of county commissioners

concerning the designation of ponds as fire suppression ponds; and

(b)  At the state engineer's discretion, designate ponds as fire suppression

ponds.

(2)  In considering whether to designate a pond as a fire suppression pond,

the state engineer shall:

(a)  Consider whether the needs assessment performed for the pond

pursuant to section 37-82-107 (3)(a)(II) evaluated the criteria established by rules promulgated by the division of fire prevention and control pursuant to section 37-82-107 (5); and

(b)  Verify that the pond satisfies the requirements described in subsection

(10)(a)(II) of this section.

(3)  The state engineer may establish a standard written or electronic form

for boards of county commissioners to use to apply for the designation of a pond as a fire suppression pond.

(4)  Within one hundred fifty-four days after receiving an application to

designate a fire suppression pond, the state engineer shall:

(a)  Review the application; and


(b)  At the state engineer's discretion, designate a pond as a fire suppression

pond, deny the application, schedule a hearing, or request additional information.

(5)  As a condition of designating a pond as a fire suppression pond pursuant

to this section, the state engineer may impose reasonable requirements on a board of county commissioners, including requirements for measuring and recording devices.

(6)  If the state engineer designates a pond as a fire suppression pond

pursuant to this section, the board of county commissioners of the county in which the pond is located and the fire protection district or fire authority shall inspect the pond at least annually to ensure that:

(a)  The pond is properly maintained;


(b)  Any firefighting infrastructure associated with the pond is functional; and


(c)  The approximate surface area of the pond has not changed.


(7)  If the state engineer denies an application for the designation of a pond

as a fire suppression pond, the state engineer shall provide the applicant board of county commissioners the reasons for the state engineer's denial and an opportunity to discuss the denial with the state engineer.

(8) (a)  The designation of a pond as a fire suppression pond pursuant to this

section expires fifteen years after the date of the designation.

(b)  No sooner than three hundred sixty-five days before the expiration of the

designation of a pond as a fire suppression pond, the board of county commissioners of the county in which the pond is located and the fire protection district or fire authority may perform a needs assessment of the pond, as described in section 37-82-107 (3), if the board desires that the pond be recertified as a fire suppression pond.

(c)  If the needs assessment described in subsection (8)(b) of this section

indicates that the pond continues to satisfy the criteria established by rules promulgated pursuant to section 37-82-107 (5), the board and the fire protection district or fire authority shall notify the state engineer of such fact, and the state engineer shall redesignate the pond as a fire suppression pond.

(d)  If the needs assessment described in subsection (8)(b) of this section

indicates that the pond no longer satisfies the criteria established by rules promulgated pursuant to section 37-82-107 (5), the board and the fire protection district or fire authority shall either:

(I)  Notify the state engineer that the designation of the pond as a fire

suppression pond should be rescinded or allowed to expire; or

(II)  Provide to the state engineer a plan and timeline for bringing the pond

back into compliance with the criteria.

(9)  The state engineer shall establish a database for the administration of

ponds that are designated as fire suppression ponds pursuant to this section.

(10) (a)  Notwithstanding any provision of law to the contrary, the state

engineer shall not:

(I)  Designate more than thirty total surface acres of pond in any county as a

fire suppression pond; or

(II)  Designate any pond as a fire suppression pond unless:


(A)  The pond existed with the same or greater surface area as of June 1,

1972;

(B)  Decreed storage rights for the pond are limited to use within the pond

and only livestock watering, wildlife, or other nonconsumptive uses;

(C)  The pond is not included as a structure in a decreed plan for

augmentation, an appropriative right of exchange, or a state-approved substitute water supply plan;

(D)  The surface area of the pond does not exceed six acres;


(E)  The board of county commissioners that requested the designation has

provided notice of the request to interested parties included in the substitute water supply plan notification list established pursuant to section 37-92-308 (6) for the water division in which the pond is located; and

(F)  The state engineer determines that evidence provided by a holder of a

decreed water right in response to the notice described in subsection (10)(a)(II)(E) of this section was insufficient to rebut the presumption of no material injury, as described in section 37-92-602 (8)(i).

(b)  The notice described in subsection (10)(a)(II)(E) of this section must

include:

(I)  The results of the needs assessment conducted for the pond pursuant to

section 37-82-107 (3)(a)(II), including a summary of findings;

(II)  A copy of the application for designation of the pond as a fire suppression

pond; and

(III)  A statement that a holder of a decreed water right has one hundred forty

days after the submission of the application to provide evidence of material injury to the state engineer, as described in section 37-92-602 (8)(i).

(c)  In submitting an application for the designation of a pond as a fire

suppression pond, a board of county commissioners must include with the application evidence that the board provided the notice described in subsection (10)(a)(II)(E) of this section.

(11)  After a board of county commissioners submits an application to the

state engineer for the designation of a fire suppression pond pursuant to section 37-82-107, a holder of a decreed water right may request that, if the state engineer designates the pond as a fire suppression pond, the state engineer shall provide notice of the designation to the holder of the decreed water right within fourteen days after the designation. If the state engineer receives such a request, the state engineer shall provide such notice.

(12) (a)  Within seventy days after the state engineer designates a pond as a

fire suppression pond, a holder of a decreed water right may file with the water clerk of the water division in which the fire suppression pond is located a petition for review of the state engineer's decision.

(b)  Upon receiving a petition described in subsection (12)(a) of this section, a

water judge shall conduct a review of the state engineer's decision de novo based on the administrative record.

(c)  Notwithstanding any provision of this section to the contrary, a water

judge may nullify the state engineer's designation of a pond as a fire suppression pond if, after considering the entire record, including any evidence of material injury, the judge finds that:

(I)  In applying for such designation, the board of county commissioners did

not describe a pond that complies with criteria established by rules promulgated by the director of the division of fire prevention and control in the department of public safety pursuant to section 37-82-107 (5); or

(II)  The state engineer's decision did not accord with the requirements set

forth in subsection (10) of this section.

Source: L. 2022: Entire section added, (SB 22-114), ch. 464, p. 3300, � 3,

effective August 10.

Cross references: For the legislative declaration in SB 22-114, see section 1

of chapter 464, Session Laws of Colorado 2022.

Water Rights - Generally

ARTICLE 80.5

Arkansas River Water Bank Pilot Program

37-80.5-101.  Short title. This article shall be known and may be cited as the

Arkansas River Pilot Water Banking Act.

Source: L. 2001: Entire article added, p. 1060, � 1, effective June 5.


37-80.5-102.  Legislative declaration. The general assembly hereby finds,

determines, and declares that the purpose of this article is to authorize the creation of water banks within each water division to be operated under strict parameters established by rules approved by the water court. Accordingly, this article provides for the promulgation of rules concerning water banks and requires the water court to approve the rules and the state engineer to report to the general assembly regarding the operation of the banks. The water bank program created by this article is intended to simplify and improve the approval of water leases, loans, and exchanges, including interruptible supply agreements, of stored water within each river basin, reduce the costs associated with such transactions, and increase the availability of water-related information. It is also the purpose of the water banks to assist farmers and ranchers by developing a mechanism to realize the value of their water rights assets without forcing the permanent severance of those water rights from the land. The general assembly affirms the state constitution's recognition of water rights as a private usufructuary property right, and this article is not intended to restrict the ability of the holder of a water right to sell, lease, or exchange that water right in any other manner that is currently permitted under Colorado law. Further, this article is not intended to be implemented in any way that would cause material injury to the owner of or persons entitled to use water under a vested water right or a decreed conditional water right, nor to repeal or in any manner amend the existing water rights adjudication system except as may be specifically set forth in this article.

Source: L. 2001: Entire article added, p. 1060, � 1, effective June 5. L. 2003:

Entire section amended, p. 2391, � 1, effective June 5.

37-80.5-103.  Definitions. As used in this article, unless the context

otherwise requires:

(1)  Bank means a water bank operated pursuant to rules promulgated

under this article.

(2)  Program means a water bank program created in this article.


Source: L. 2001: Entire article added, p. 1061, � 1, effective June 5. L. 2003:

Entire section amended, p. 2392, � 2, effective June 5.

37-80.5-104.  Water bank - creation - duties of state engineer - rules -

repeal. (Repealed)

Source: L. 2001: Entire article added, p. 1061, � 1, effective June 5. L. 2003:

(4) added, p. 2392, � 3, effective June 5.

Editor's note: (1)  Subsection (4) provided for the repeal of this section,

effective when the period to file an appeal regarding promulgation of the rules under � 37-80.5-104.5 has expired or, if such an appeal is filed, when the litigation concerning such appeal has been fully resolved. The revisor of statutes was notified November 1, 2010, that the appeal period regarding the promulgation of the rules has expired and no appeal has been filed.

(2)  For additional information pertaining to the repeal of this section and the

effect on the Arkansas river basin, see � 37-80.5-104.5 (4).

37-80.5-104.5.  Water banks within each water division - duties of state

engineer - rules. (1) (a) Upon request by a water conservancy district or water conservation district, the state engineer shall promulgate program rules necessary or convenient for the operation of a water bank within the division in which such district is located. The state engineer shall hold public meetings and consult with the Colorado water conservation board regarding formulation of the rules. The rules shall be promulgated in accordance with the following:

(I)  The rules shall authorize, facilitate, and permit the lease, exchange, or

loan of stored water within a water division; except that nothing in this article shall be construed to authorize any lease, exchange, or loan of water that would negatively affect any of Colorado's interstate compacts.

(II)  The rules shall not permit the transfer, lease, loan, exchange, or sale of

water from the banks to instream flow uses as provided in section 37-92-102 (3) unless such transfer, lease, loan, exchange, or sale is to the Colorado water conservation board.

(III)  The banks shall operate within existing requirements of Colorado water

law as set forth in the Water Right Determination and Administration Act of 1969, article 92 of this title, including specifically the requirement that water transferred through the banks be put to a beneficial use, and the Colorado Groundwater Management Act, article 90 of this title; except that, in compliance with rules promulgated pursuant to this article, leases, loans, and exchanges effectuated through the banks need not require adjudication pursuant to article 92 of this title, and the state engineer shall administer such leases, loans, and exchanges notwithstanding the fact that they may not have been adjudicated.

(IV)  The rules shall define the terms interruptible supply and water

banking.

(V)  The rules shall take into account and address, as appropriate, any

necessary or desirable limitations upon the time, place, or type of use of waters made available through the water banks, and the appropriate length of agreements implementing banking transactions.

(b)  The rules shall ensure that operation of the banks shall not cause any

material injury to the owner of or persons entitled to use water under a vested water right or a decreed conditional water right.

(c)  The rules shall establish criteria pursuant to which the state engineer

shall:

(I)  Accept a deposit of a quantity of water in a bank, including necessary

proof of:

(A)  Ownership or a lease or contract that includes the right to use and

control the disposition of water; and

(B)  The legal parameters of the water for use subject to the proposed

deposit, whether by decree or by contract;

(II)  Credit a withdrawal of a quantity of water from a bank, including the

term, location, and type of the proposed use of the withdrawn water;

(III)  Publish a summary of each water bank's transactions, including the

amounts of water subject to such transactions; and

(IV)  Administer the withdrawn water:


(A)  Within the priority system if the withdrawn water is subject to prior

appropriation;

(B)  With or without the need for an adjudication; and


(C)  Without causing material injury to the owner of or persons entitled to use

water under a vested water right or a decreed conditional water right.

(d)  The rules shall delegate administration of a bank to the water

conservancy district or water conservation district that submitted the request for the bank. Such district shall be entitled to charge a transaction fee for deposits, withdrawals, or both, sufficient to cover the bank's administration costs. Notwithstanding any restriction on the power of a water conservancy district or a water conservation district to act outside the geographic boundaries of such district, a district that has been delegated authority pursuant to this paragraph (d) shall have full authority to administer the bank's operations pursuant to this section, including any power to act outside the geographic boundaries of such district when necessary to administer the bank.

(2)  The deposit of credits in a bank is voluntary, and credits may be removed

by the owner at any time prior to an actual transaction in which control of a credit is transferred, subject to the terms and conditions of the deposit agreement executed with the operator of the bank.

(3)  The state engineer shall seek a waiver or clarification of any federal laws,

rules, or regulations that may impede the implementation of the water bank program.

(4) (a)  The repeal of section 37-80.5-104 shall not affect the validity of any

bank operating in the Arkansas river basin or any such bank's water deposit or withdrawal. After such repeal, such bank shall operate pursuant to the rules promulgated pursuant to this section.

(b)  The state engineer shall provide the revisor of statutes with written

notification when the period to file an appeal regarding promulgation of the rules under this section has expired or, if such an appeal is filed, when the litigation concerning such appeal has been fully resolved.

Source: L. 2003: Entire section added, p. 2392, � 4, effective June 5.


Editor's note: Subsection (4)(b) requires the state engineer to provide the

revisor of statutes with written notice when the period to file an appeal regarding the promulgation of rules under this section has expired or, if an appeal is filed, when the litigation on the appeal has been resolved. The revisor of statutes was notified November 1, 2010, that the period for filing an appeal has ended and there has been no appeal of the rules.

37-80.5-105.  Review of rules. Judicial review of all rules promulgated

pursuant to this article shall be in accordance with the State Administrative Procedure Act, article 4 of title 24, C.R.S.; except that venue for such review shall lie exclusively with the appropriate water judge for each water division.

Source: L. 2001: Entire article added, p. 1063, � 1, effective June 5. L. 2003:

Entire section amended, p. 2394, � 5, effective June 5.

37-80.5-106.  Report. (1)  The state engineer shall submit a report to the

general assembly and the governor on or before November 1, 2005, regarding:

(a)  The effectiveness of the program;


(b)  Existing statutory, regulatory, or contractual constraints on the

successful use of water banking within Colorado;

(c)  Institutional constraints upon the successful use of water banking within

Colorado;

(d)  Interstate compact constraints upon the successful use of water banking

within Colorado;

(e)  Social or economic constraints upon the successful use of water banking

within Colorado; and

(f)  Any recommended limitations upon the use of water banks within

Colorado, with specific reference to the time, place, or type of use of waters made available under such recommended limitations and the length of agreements implementing the same.

Source: L. 2001: Entire article added, p. 1063, � 1, effective June 5. L. 2003:

(1)(a) amended, p. 2394, � 6, effective June 5.

37-80.5-107.  Repeal of article. (Repealed)


Source: L. 2001: Entire article added, p. 1063, � 1, effective June 5. L. 2007:

Entire section repealed, p. 422, � 1, effective April 9.

ARTICLE 81

Diversion of Waters from State

Law reviews: For article, Water Export, see 13 Colo. Law. 1004 (1984); for

article, State Water and State Lines: Commerce in Water Resources, see 56 U. Colo. L. Rev. 347 (1985); for article, Water Export: Is it Legal Yet?, see 24 Colo. Law. 817 (1995).

C.R.S. § 37-82-107

37-82-107. Fire suppression ponds - legislative declaration - needs assessment - notice of consideration required - restriction on draining of ponds - rules - no water right created. (1) The general assembly hereby declares that:

(a)  Fire suppression ponds are essential for the protection of public safety

and welfare; and

(b)  Based on this declaration, the state engineer is authorized to review

applications and designate ponds as fire suppression ponds in accordance with this section.

(2)  A board of county commissioners, in consultation with its fire protection

district or fire authority, may apply to the state engineer pursuant to section 37-80-124 for the designation of a pond within the borders of the county as a fire suppression pond.

(3) (a)  Before applying for the designation of a pond as a fire suppression

pond, a board of county commissioners, in consultation with its fire protection district or fire authority, shall:

(I)  Identify ponds in locations where the outbreak of a fire could result in a

major wildfire disaster;

(II)  Perform a needs assessment of each such pond, which needs assessment

shall be completed within one year after the board provides the notice described in subsection (3)(a)(III) of this section; and

(III)  For each pond that is identified and under consideration as a potential

fire suppression pond, provide notice of such fact to the state engineer, which notice must indicate the location and approximate surface area of the pond.

(b)  In performing a needs assessment pursuant to subsection (3)(a)(II) of this

section, a board of county commissioners, in consultation with its fire protection district or fire authority, shall:

(I)  Identify the refill mechanism of the pond, whether by:


(A)  Groundwater;


(B)  Diversion on the stream channel;


(C)  Diversion off the stream channel; or


(D)  Well; and


(II)  Apply the criteria established pursuant to rules promulgated by the

director of the division of fire prevention and control pursuant to subsection (5) of this section.

(c)  If a pond that is under consideration for designation as a fire suppression

pond is located in whole or in part upon private property, a board of county commissioners shall acquire the voluntary written approval of each owner of private property that abuts the pond before the board applies to the state engineer for the designation of the pond as a fire suppression pond.

(d)  If a board of county commissioners has notified the state engineer

pursuant to subsection (3)(a)(III) of this section that a pond is under consideration as a fire suppression pond, the board shall notify the state engineer promptly if and when the pond is no longer under such consideration.

(4)  Unless otherwise required by law or as needed to address dam safety

concerns, the state engineer shall not order any pond to be drained or backfilled or proceed with any existing order to drain or backfill a pond:

(a)  If the state engineer has received notice pursuant to subsection (3)(a)(III)

of this section that the pond is under consideration by a board of county commissioners for designation as a fire suppression pond, during the pendency of that consideration; or

(b)  If the state engineer has designated the pond as a fire suppression pond

pursuant to section 37-80-124 and the pond is operating in accordance with the designation.

(c)  Repealed.


(5) (a)  On or before May 1, 2023, the director of the division of fire prevention

and control in the department of public safety, pursuant to the director's authority under section 24-33.5-1203.5, shall promulgate rules establishing criteria for boards of county commissioners, in consultation with fire protection districts or fire authorities, to use to identify and evaluate potential fire suppression ponds, as described in subsection (3) of this section. At a minimum, the criteria must require that a fire suppression pond:

(I)  Be readily accessible by a fire protection district, fire authority, fire

department, or other firefighting entity;

(II)  Be located in the wildland-urban interface or another location that faces

an elevated threat of fire risk; and

(III)  Be located in an area without timely or adequate access to fire hydrants

or other water supplies and where the pond provides a needed supply.