House Bill 25-1025 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the state stockpile of essential materials, and,

• Page 1, Line 102in connection therewith, broadening the circumstances

• Page 1, Line 103in which distributions from the stockpile are allowed.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The state maintains a stockpile of essential materials (stockpile), including personal protective equipment, that the division of homeland security and emergency management (division), in consultation with the department of public health and environment, is authorized to distribute in response to a declared disaster emergency to any state agency, school, local public health agency, hospital, primary care provider, other health-care provider, or any other entity or individual (eligible recipient) that the director of the division (director) determines is in need as a result of a declared disaster emergency. The bill broadens the authority of the director over the stockpile so that the director or the director's designee may distribute essential materials from the stockpile:

• Without formal consultation with the department of public health and environment; and
• After the governor has declared a disaster emergency;
• When the director or the director's designee determines that there are other circumstances in which there is a need for or benefit to distribution; or
• When the director or the director's designee determines that their distribution will enhance the ability of eligible recipients and their community partners to respond to future disaster emergencies or other circumstances in a way that would help protect public health or safety, including the distribution of essential materials for the purposes of ensuring that they can be used in normal, nonemergency times before their useful life ends. While included under current law as "any other entity", the bill also explicitly adds "nonprofit organizations" and "faith-based organizations" to the statutory list of eligible recipients.

The bill also requires the department of public safety to annually include, as part of its presentation during its "SMART Act" hearing, specified information concerning the acquisition of essential materials for and distribution of essential materials from the stockpile.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-33.5-1621,

• Page 2, Line 3amend (2)(b) and (3); and add (9) as follows:

• Page 2, Line 424-33.5-1621.  Essential materials - stockpile - rotation -

• Page 2, Line 5emergency stockpile rotation cash fund - creation - annual report -

• Page 2, Line 6legislative declaration - definitions. (2)  As used in this section, unless

• Page 2, Line 7the context otherwise requires:

• Page 2, Line 8(b)  "Essential materials" means personal protective equipment,

• Page 2, Line 9ventilators, and any other items that the director or the director's

• Page 2, Line 10designee determines are necessary to respond to a disaster emergency or

• Page 3, Line 1other circumstances in which there is a need for or benefit to

• Page 3, Line 2distribution or that enhance the ability of state agencies,

• Page 3, Line 3schools, local public health agencies, hospitals, primary care

• Page 3, Line 4providers, nonprofit organizations, faith-based organizations,

• Page 3, Line 5or other entities or individuals and their community partners to

• Page 3, Line 6respond to current or future disaster emergencies or other

• Page 3, Line 7circumstances in a way that would help protect public health or

• Page 3, Line 8safety.

• Page 3, Line 9(3) (a)  The division shall procure and maintain a stockpile of

• Page 3, Line 10essential materials that are available for distribution after the governor

• Page 3, Line 11has declared a disaster emergency in accordance with section 24-33.5-704

• Page 3, Line 12(4), when the director or the director's designee determines that

• Page 3, Line 13there are other circumstances in which there is a need for or

• Page 3, Line 14benefit to distribution, or when the director or the director's

• Page 3, Line 15designee determines that their distribution will enhance the

• Page 3, Line 16ability of state agencies, schools, local public health agencies,

• Page 3, Line 17hospitals, primary care providers, nonprofit organizations,

• Page 3, Line 18faith-based organizations, or other entities or individuals and

• Page 3, Line 19their community partners to respond to current or future

• Page 3, Line 20disaster emergencies or other circumstances in a way that

• Page 3, Line 21would help protect public health or safety. Distribution of

• Page 3, Line 22essential materials for the purpose of ensuring that they can be

• Page 3, Line 23used in normal, nonemergency times before their useful life ends

• Page 3, Line 24is a use of such materials in a way that would help protect

• Page 3, Line 25public health or safety. Subject to available appropriations, the

• Page 3, Line 26division shall attempt to ensure that, in the event of a national public

• Page 3, Line 27health emergency, the stockpile has a sufficient supply of personal

• Page 4, Line 1protective equipment to bridge the gap until the national supply chain can

• Page 4, Line 2increase production to meet the demand for such items.

• Page 4, Line 3(b)  The division in consultation with the department of public

• Page 4, Line 4health and environment, may distribute the essential materials to state

• Page 4, Line 5agencies, schools, local public health agencies, hospitals, primary care

• Page 4, Line 6providers, or other health-care providers, nonprofit organizations,

• Page 4, Line 7faith-based organizations, or any other individual or entity or

• Page 4, Line 8individualor community partner of any of the foregoing that the

• Page 4, Line 9director or the director's designee determines is in need as a result of

• Page 4, Line 10the a disaster emergency, in other circumstances in which the

• Page 4, Line 11director or the director's designee determines that there is a

• Page 4, Line 12need for or benefit to such distribution, or when the director or

• Page 4, Line 13the director's designee determines that distribution will

• Page 4, Line 14enhance the ability of any such entity, individual or community

• Page 4, Line 15partner to respond to current or future disaster emergencies or

• Page 4, Line 16other circumstances in a way that would help protect public

• Page 4, Line 17health or safety.

• Page 4, Line 18(9)  Beginning in January 2027, and in January every year

• Page 4, Line 19thereafter, the department shall include, as part of its

• Page 4, Line 20presentation during its "SMART Act" hearing required by

• Page 4, Line 21section 2-7-203, information concerning the acquisition of

• Page 4, Line 22essential materials for and distribution of essential materials

• Page 4, Line 23from the stockpile of essential materials procured and

• Page 4, Line 24maintained by the division pursuant to subsection (3)(a) of this

• Page 4, Line 25section. The report shall include the following information for

• Page 4, Line 26each acquisition or distribution:

• Page 4, Line 27(a)  The date of the acquisition or distribution;

• Page 5, Line 1(b)  The type and quantity of essential materials acquired

• Page 5, Line 2or distributed;

• Page 5, Line 3(c)  The entity or individual that provided or received a

• Page 5, Line 4distribution of essential materials;

• Page 5, Line 5(d)  In the case of an acquisition, the reason or reasons for

• Page 5, Line 6and cost of the acquisition;

• Page 5, Line 7(e)  In the case of a distribution, the reason or reasons for

• Page 5, Line 8the distribution; and

• Page 5, Line 9(f)  Any other information that the department or the

• Page 5, Line 10director or director's designee deems appropriate.

• Page 5, Line 11SECTION 2.  Safety clause. The general assembly finds,

• Page 5, Line 12determines, and declares that this act is necessary for the immediate

• Page 5, Line 13preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 14the support and maintenance of the departments of the state and state

• Page 5, Line 15institutions.