Senate Bill 25-142 Introduced

A Bill for an Act

• Page 1, Line 101Concerning changes to the wildfire resiliency code board.

Bill Summary

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

The bill makes changes to the existing wildfire resiliency code board (board). The bill adds the following members to the board:

• One additional municipal representative representing rural communities who is appointed by the minority leader of the house of representatives, and one additional county representative representing rural communities who is appointed by the minority leader of the senate;
• One additional municipal representative representing urban communities who is appointed by the speaker of the house of representatives and one additional county representative representing urban communities who is appointed by the president of the senate;
• One additional municipal and one additional county representative representing a municipality and a county that, prior to September 30, 2023, adopted codes that provide, minimally, for wildfire-resilient structures and best practices, each appointed by the executive director;
• 2 mayors of urban municipalities and 2 mayors of rural municipalities; and
• The state water engineer or the state water engineer's designee.
• 3 miles or less away from the boundary of any city with a population of 100,000 or more people as of the 2020 United States census;
• 3 miles or less away from the boundary of a transit-oriented community; or
• 3 miles or less away from land that is zoned to allow 40 units or more per acre.

The bill removes 4 members from the board, including a member representing hazard mitigation professionals, a member representing the building trades, a member representing a statewide association of nonprofit utilities, and a member representing a nonprofit home builder for affordable home ownership that serves populations with incomes under 80% of an area's median income.

The bill removes the board's ability to define the wildland-urban interface and instead defines the wildland-urban interface as land in Colorado that is:

The bill requires each county in the state to create and present to its board of county commissioners a wildland-urban interface map designating all land within the county that is part of the wildland-urban interface. Each board of county commissioners shall approve and submit to the wildfire resiliency code board a wildland-urban interface map no later than July 1, 2026. The board shall adopt minimum codes and standards related to wildfire resiliency no sooner than the date it has received a wildland-urban interface map from every county and no later than January 1, 2027. Governing bodies have one year from the board's adoption of minimum codes and standards related to wildfire resiliency to adopt the codes.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-33.5-1236,

• Page 3, Line 1amend (1)(a), (3)(a) introductory portion, (3)(a)(VII), (3)(a)(XI),

• Page 3, Line 2(4)(b)(II)(D), (4)(g), and (9); repeal (3)(a)(VI), (3)(a)(IX), (3)(a)(X),

• Page 3, Line 3(3)(a)(XII), and (4)(b)(I); and add (1)(a)(V.5), (3)(a)(XIII), and (3)(a)(XIV) as follows:

• Page 3, Line 424-33.5-1236.  Wildfire resiliency code board - powers and

• Page 3, Line 5duties - rules - cash fund - legislative declaration - definitions.

• Page 3, Line 6(1)  Legislative declaration. (a)  The general assembly hereby finds and declares that:

• Page 3, Line 7(I)  Colorado's wildfire risk has continued to increase over the

• Page 3, Line 8years and more communities are at risk of wildfires. In order to

• Page 3, Line 9maximize the effectiveness of limited resources, specific

• Page 3, Line 10attention must be paid to the wildland- urban interface, which

• Page 3, Line 11is the area where human development meets undeveloped

• Page 3, Line 12wildland. The wildland-urban interface includes land that is

• Page 3, Line 13within a three-mile ring around cities, transit-oriented

• Page 3, Line 14communities, and land zoned to a high density, including

• Page 3, Line 15high-density residential areas along the front range that are

• Page 3, Line 16adjacent to grasslands, often experience high winds, and have

• Page 3, Line 17limited access to water resources, making the areas susceptible to catastrophic wildfires.

• Page 3, Line 18(II)  Colorado Nationally, wildfires have grown in intensity,

• Page 3, Line 19frequency, and devastation since the year 2000. Colorado can learn

• Page 3, Line 20a number of lessons from the catastrophic wildfires in Los

• Page 3, Line 21Angeles, California, and should pay particular attention to

• Page 3, Line 22water source availability, coordination and expectation

• Page 3, Line 23management between local governments and wildland fire

• Page 3, Line 24managers, and equipment compatibility and standardization.

• Page 4, Line 1Colorado must clearly define the wildland-urban interface in

• Page 4, Line 2order to focus limited resources, standardize fire code applications within that area, and avoid wasting resources.

• Page 4, Line 3(III)  A combined approach of structure hardening and reducing

• Page 4, Line 4fire risk in the defensible space surrounding structures within the

• Page 4, Line 5wildland-urban interface is necessary to reduce the risk of damage

• Page 4, Line 6to Colorado communities from the effects of wildfires. This risk includes

• Page 4, Line 7the loss of life, homes, businesses, and other structures and the loss of

• Page 4, Line 8jobs and economic vitality. Risk evaluation is based on many factors,

• Page 4, Line 9including proximity to structures. Hardening structures is the process of

• Page 4, Line 10making structures more resilient to ignition and involves best practices to

• Page 4, Line 11protect a structure from the risk of wildfire and to prevent a structure fire from starting a wildfire.

• Page 4, Line 12(IV)  The construction of structures, including houses, that are

• Page 4, Line 13resilient to wildfire risk is as affordable or more affordable than building

• Page 4, Line 14nonresilient structures and reduces structure loss, the financial investment

• Page 4, Line 15required to rebuild structures, cost of insurance, and problems related to

• Page 4, Line 16underinsurance. In light of these financial implications, increasing

• Page 4, Line 17housing stock with wildfire-resilient structures increases and protects the affordable housing stock.

• Page 4, Line 18(V)  The wildfire resiliency code board, as originally

• Page 4, Line 19contemplated, brought together the division and the Colorado fire

• Page 4, Line 20commission have engaged to engage in a stakeholder-driven strategic

• Page 4, Line 21planning effort to evaluate the best approach to ensure that Colorado's

• Page 4, Line 22communities, properties, and structures are protected from the effects of

• Page 4, Line 23wildfires and have recommended the creation of a wildfire resiliency code

• Page 4, Line 24board in Colorado. This original structure did not permit counties

• Page 5, Line 1and municipalities to fully engage with the board or participate

• Page 5, Line 2in designating the wildland-urban interface, which led to

• Page 5, Line 3counties and municipalities being placed in a generic state map

• Page 5, Line 4that confused high wildfire risk areas with true wildland-urban

• Page 5, Line 5interface areas. While a wildland-urban interface is meant to

• Page 5, Line 6be an area near high-density urban locations where resources

• Page 5, Line 7should be focused, the wildland-urban interface as currently

• Page 5, Line 8envisioned would include most of rural Colorado while

• Page 5, Line 9excluding denser urban areas and transit-oriented development.

• Page 5, Line 10(V.5)  While much of rural Colorado can be classified as

• Page 5, Line 11susceptible to wildfire, rural Colorado is by definition not part

• Page 5, Line 12of the wildland-urban interface. Including rural Colorado in

• Page 5, Line 13the wildland-urban interface could result in a

• Page 5, Line 14sixty-thousand-dollar increase in the price of new home

• Page 5, Line 15construction, while providing no substantial protective benefit

• Page 5, Line 16to rural Coloradans in the form of focused resources. A code

• Page 5, Line 17that affects all Coloradans should be stakeholdered with input

• Page 5, Line 18from all Coloradans, including local governments, from the outset.

• Page 5, Line 19(VI)  Establishing a Modifying the membership of the code

• Page 5, Line 20board to include more local government representation and

• Page 5, Line 21replacing the definition of wildland-urban interface previously

• Page 5, Line 22established by the code board with a statutory definition of

• Page 5, Line 23wildland-urban interface will allow the state to adopt and enforce

• Page 5, Line 24best practice approaches to hardening structures and reducing fire risk in

• Page 5, Line 25the defensible space surrounding structures throughout Colorado while

• Page 6, Line 1continuing to involve impacted stakeholders in decision-making

• Page 6, Line 2concerning wildfire resiliency codes. As one of its functions, the code

• Page 6, Line 3board will endeavor to establish a consistent state-level definition for the wildland-urban interface that can be used by all applicable state agencies.

• Page 6, Line 4(3)  Membership. (a)  The board consists of twenty-one

• Page 6, Line 5twenty-eight voting members who must be residents of Colorado, appointed as follows:

• Page 6, Line 6(VI)  One member representing hazard mitigation professionals, appointed by the executive director;

• Page 6, Line 7(VII)  Six Twelve members representing Colorado local governments, including:

• Page 6, Line 8(A)  One Two municipal representative representatives

• Page 6, Line 9representing rural communities who is are appointed by the minority

• Page 6, Line 10leader of the house of representatives, and one two county representative

• Page 6, Line 11representatives representing rural communities who is are appointed by the minority leader of the senate;

• Page 6, Line 12(B)  One Two municipal representative representatives

• Page 6, Line 13representing urban communities who is are appointed by the speaker of

• Page 6, Line 14the house of representatives and one two county representative

• Page 6, Line 15representatives representing urban communities who is are appointed by the president of the senate; and

• Page 6, Line 16(C)  One Two municipal and one two county representative

• Page 6, Line 17representatives representing municipalities and a counties that, prior

• Page 6, Line 18to September 30, 2023, has have adopted a code codes that provides

• Page 6, Line 19provide, minimally, for wildfire resilient structures and best practices, each appointed by the executive director;

• Page 6, Line 20(IX)  One member representing the building trades, appointed by the executive director;

• Page 7, Line 1(X)  One member representing a statewide association of nonprofit utilities, appointed by the president of the senate;

• Page 7, Line 2(XI)  One member representing an investor-owned utility, appointed by the speaker of the house of representatives; and

• Page 7, Line 3(XII)  One member representing a nonprofit home builder for

• Page 7, Line 4affordable home ownership that serves populations with incomes under

• Page 7, Line 5eighty percent of an area's median income, appointed by the executive director.

• Page 7, Line 6(XIII)  Two mayors of urban municipalities and two mayors

• Page 7, Line 7of rural municipalities, appointed by the Colorado municipal league; and

• Page 7, Line 8(XIV)  The state engineer appointed pursuant to section 37-80-101 or the state engineer's designee.

• Page 7, Line 9(4)  Powers and duties. (b)  In furtherance of its mission, the

• Page 7, Line 10board shall promulgate rules in accordance with article 4 of this title 24

• Page 7, Line 11concerning the adoption of minimum codes and standards for hardening

• Page 7, Line 12structures and reducing fire risk in the defensible space surrounding

• Page 7, Line 13structures in the wildland-urban interface in Colorado. Notwithstanding

• Page 7, Line 14section 24-1-105 (1)(c) or any other law to the contrary, the rules

• Page 7, Line 15promulgated by the board are not subject to approval or modification by the director or the executive director. At a minimum, the rules must:

• Page 7, Line 16(I)  Define the wildland-urban interface and identify the areas of

• Page 7, Line 17Colorado that are included within it; except that, notwithstanding the area

• Page 7, Line 18that the board identifies as included within the wildland-urban interface,

• Page 7, Line 19any thirty-five acre parcel with only one residential structure on it that

• Page 7, Line 20does not abut a residential or commercial area is exempt from adherence

• Page 8, Line 1to the codes. In defining Colorado's wildland-urban interface, the board

• Page 8, Line 2may consider best practices including but not limited to practices of other

• Page 8, Line 3states and the federal government; regional differences and risks within

• Page 8, Line 4the state; environmental, health, and safety impacts; any existing

• Page 8, Line 5definitions of the term wildland-urban interface; and individual risk

• Page 8, Line 6profiles identified by the Colorado state forest service. The definition of

• Page 8, Line 7the wildland-urban interface shall be updated once every three years, as the board determines may be necessary.

• Page 8, Line 8(II)  Adopt minimum codes and standards, referred to in this section as the "codes", that must:

• Page 8, Line 9(D)  Be initially adopted by the board no later than July 1, 2025

• Page 8, Line 10January 1, 2027, and reviewed by the board every three years and updated or supplemented as the board determines may be necessary;

• Page 8, Line 11(g)  The board shall not approve final adoption of the codes, or any

• Page 8, Line 12updates or supplements to the codes pursuant to subsection (4)(b) of this

• Page 8, Line 13section, until it has received every wildland-urban interface map

• Page 8, Line 14required to be submitted pursuant to section 24-33.5-1237 (1.5),

• Page 8, Line 15and until at least three statewide public hearings have been held,

• Page 8, Line 16including at least one hearing held in a location west of the continental

• Page 8, Line 17divide and at least one hearing held in a location east of the continental

• Page 8, Line 18divide and either south of El Paso county's southern boundary or east of

• Page 8, Line 19Arapahoe county's eastern boundary. Members of the board may

• Page 8, Line 20participate electronically and the board shall establish rules to provide for the necessary elements for electronic attendance at hearings.

• Page 8, Line 21(9)  As used in this section, unless the context otherwise requires:

• Page 8, Line 22(a)  "Governing body" has the same meaning as set forth in section

• Page 8, Line 2324-33.5-1237 (1)(d).

• Page 9, Line 1(b) (I)  "Wildland-urban interface" means land in Colorado that is:

• Page 9, Line 2(A)  Three miles or less away from the boundary of any

• Page 9, Line 3city with a population of one hundred thousand or more as of the 2020 United States census;

• Page 9, Line 4(B)  Three miles or less away from the boundary of a transit-oriented community, as defined in section 29-35-202; or

• Page 9, Line 5(C)  Three miles or less away from land that is zoned to allow forty units or more per acre.

• Page 9, Line 6(II)  "Wildland-urban interface" land does not include any

• Page 9, Line 7thirty-five-acre parcel with only one residential structure on it that does not abut a residential or commercial area.

• Page 9, Line 8SECTION 2.  In Colorado Revised Statutes, 24-33.5-1237, amend (1)(e) and (2)(a); and add (1)(f) and (1.5) as follows:

• Page 9, Line 924-33.5-1237.  Application of wildfire resiliency codes -

• Page 9, Line 10enforcement - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 9, Line 11(e)  "Wildland-urban interface" has the same meaning as set forth

• Page 9, Line 12by the board in its rules pursuant to section 24-33.5-1236 (4)(b)(I) in section 24-33.5-1236 (9)(b).

• Page 9, Line 13(f)  "Wildland-urban interface map" means a map that

• Page 9, Line 14designates all land within a county that is part of the

• Page 9, Line 15wildland-urban interface. The wildland-urban interface map

• Page 9, Line 16must designate all land required by section 24-33.5-1236 (9)(b),

• Page 9, Line 17and may, at the discretion of the county, designate additional

• Page 9, Line 18land that is not required by section 24-33.5-1236 (9)(b) as part of

• Page 9, Line 19the wildland-urban interface.

• Page 10, Line 1(1.5)  Each county in the state shall create and present to

• Page 10, Line 2its board of county commissioners a wildland-urban interface

• Page 10, Line 3map. Each board of county commissioners shall approve and

• Page 10, Line 4submit to the wildfire resiliency code board a wildland-urban interface map no later than July 1, 2026.

• Page 10, Line 5(2) (a)  A governing body with jurisdiction in an area within the

• Page 10, Line 6wildland-urban interface that has the authority to adopt building codes or

• Page 10, Line 7fire codes shall adopt a code that meets or exceeds the minimum

• Page 10, Line 8standards set forth in the codes within three months one year of the

• Page 10, Line 9board adopting the codes in accordance with section 24-33.5-1236 (4)(b)(II)(D).

• Page 10, Line 10SECTION 3.  Act subject to petition - effective date. This act

• Page 10, Line 11takes effect at 12:01 a.m. on the day following the expiration of the

• Page 10, Line 12ninety-day period after final adjournment of the general assembly; except

• Page 10, Line 13that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 10, Line 14of the state constitution against this act or an item, section, or part of this

• Page 10, Line 15act within such period, then the act, item, section, or part will not take

• Page 10, Line 16effect unless approved by the people at the general election to be held in

• Page 10, Line 17November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.