Senate Bill 25-142 Rerevised

A Bill for an Act

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

• Page 1, Line 102code implementation requirements.

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 3, Line 1SECTION 1.  In Colorado Revised Statutes, 24-33.5-1237, amend (1)(a), (2), and (3); and add (1)(a.3) and (1)(c.5) as follows:

• Page 3, Line 224-33.5-1237.  Application of wildfire resiliency codes -

• Page 3, Line 3enforcement - definitions. (1)  As used in this section, unless the context otherwise requires:

• Page 3, Line 4(a)  "Board" means the wildfire resiliency code board created in

• Page 3, Line 5section 24-33.5-1236 (2). "Adopting governing body" means a

• Page 3, Line 6governing body that has jurisdiction in an area within the

• Page 3, Line 7wildland-urban interface and has the authority to adopt building codes or fire codes.

• Page 3, Line 8(a.3)  "Board" means the wildfire resiliency code board created in section 24-33.5-1236 (2).

• Page 3, Line 9(c.5)  "Cooperative agreement" means an agreement

• Page 3, Line 10entered into by the adopting governing body and at least one

• Page 3, Line 11other entity, such as a third-party contractor or another governing body, that provides for the enforcement of the codes.

• Page 3, Line 12(2) (a)  A governing body with jurisdiction in an area within the

• Page 3, Line 13wildland-urban interface that has the authority to adopt building codes or

• Page 3, Line 14fire codes An adopting governing body shall adopt a code that meets

• Page 3, Line 15or exceeds the minimum standards set forth in the codes within three nine

• Page 3, Line 16months of the board adopting the codes in accordance with section 24-33.5-1236 (4)(b)(II)(D).

• Page 3, Line 17(b)  Enforcement of a code adopted pursuant to subsection (2)(a)

• Page 3, Line 18of this section shall be in accordance with the rules and regulations for

• Page 3, Line 19code enforcement by the adopting governing body, or through a

• Page 3, Line 20cooperative agreement. The period to comply with an adopted code

• Page 3, Line 21shall be in accordance with the rules and regulations of the adopting

• Page 4, Line 1governing body or within three months of the date the code is adopted by the adopting governing body, whichever is sooner.

• Page 4, Line 2(c)  The board may review a an adopting governing body's codes

• Page 4, Line 3adopted pursuant to subsection (2)(a) of this section and a an adopting

• Page 4, Line 4governing body's application of the adopted codes to determine

• Page 4, Line 5compliance with the requirements of this section. Governing Adopting

• Page 4, Line 6governing bodies shall cooperate with the board and be responsive to

• Page 4, Line 7any requests for information from the board made pursuant to the board's review set forth in this subsection (2)(c).

• Page 4, Line 8(d)  Notwithstanding subsection (2)(b) of this section, if a an

• Page 4, Line 9adopting governing body does not have rules and regulations or a

• Page 4, Line 10cooperative agreement in place for the enforcement of a code adopted

• Page 4, Line 11pursuant to subsection (2)(a) of this section, the adopting governing

• Page 4, Line 12body may request support from the division in conducting inspections and

• Page 4, Line 13enforcing the code pursuant to the division's procedures set forth in

• Page 4, Line 14section 24-33.5-1213; except that any civil penalty collected pursuant to

• Page 4, Line 15section 24-33.5-1213 (4) shall be deposited in the code board cash fund.

• Page 4, Line 16The division may charge a reasonable fee to the property owner for

• Page 4, Line 17conducting inspections and enforcing the code, and money from the fee shall be deposited in the code board cash fund.

• Page 4, Line 18(3)  A An adopting governing body may petition the board for a

• Page 4, Line 19modification of the codes within its jurisdiction in accordance with

• Page 4, Line 20procedures adopted by the board pursuant to section 24-33.5-1236

• Page 4, Line 21(4)(b)(IV). If the board grants the petition for modification, the

• Page 4, Line 22modification applies only within the jurisdiction that is granted the

• Page 4, Line 23modification. The order granting the petition for modification must

• Page 4, Line 24specify a date on which the modification expires, and the adopting

• Page 5, Line 1governing body must petition the board before the expiration date to keep

• Page 5, Line 2the modification in effect, or the board at its discretion and through its

• Page 5, Line 3own action may extend the modification and specify a new expiration

• Page 5, Line 4date. A An adopting governing body may appeal a denial of a petition

• Page 5, Line 5to the board in accordance with procedures adopted by the board pursuant to section 24-33.5-1236 (4)(b)(V).

• Page 5, Line 6SECTION 2.  Safety clause. The general assembly finds,

• Page 5, Line 7determines, and declares that this act is necessary for the immediate

• Page 5, Line 8preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 9the support and maintenance of the departments of the state and state institutions.