House Bill 25-1025 Rerevised

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 5tribal governments with jurisdiction in Colorado, or other

• Page 3, Line 6entities or individuals and their community partners to respond

• Page 3, Line 7to current or future disaster emergencies or other

• Page 3, Line 8circumstances in a way that would help protect public health or

• Page 3, Line 9safety.

• Page 3, Line 10(3) (a)  The division shall procure and maintain a stockpile of

• Page 3, Line 11essential materials that are available for distribution after the governor

• Page 3, Line 12has declared a disaster emergency in accordance with section 24-33.5-704

• Page 3, Line 13(4), when the director or the director's designee determines that

• Page 3, Line 14there are other circumstances in which there is a need for or

• Page 3, Line 15benefit to distribution, or when the director or the director's

• Page 3, Line 16designee determines that their distribution will enhance the

• Page 3, Line 17ability of state agencies, schools, local public health agencies,

• Page 3, Line 18hospitals, primary care providers, nonprofit organizations,

• Page 3, Line 19faith-based organizations, tribal governments with jurisdiction

• Page 3, Line 20in Colorado, or other entities or individuals and their

• Page 3, Line 21community partners to respond to current or future disaster

• Page 3, Line 22emergencies or other circumstances in a way that would help

• Page 3, Line 23protect public health or safety. Distribution of essential

• Page 3, Line 24materials for the purpose of ensuring that they can be used in

• Page 3, Line 25normal, nonemergency times before their useful life ends is a use

• Page 3, Line 26of such materials in a way that would help protect public

• Page 3, Line 27health or safety. Subject to available appropriations, the division shall

• Page 4, Line 1attempt to ensure that, in the event of a national public health emergency,

• Page 4, Line 2the stockpile has a sufficient supply of personal protective equipment to

• Page 4, Line 3bridge the gap until the national supply chain can increase production to

• Page 4, Line 4meet the demand for such items.

• Page 4, Line 5(b)  The division, in consultation with the department of public

• Page 4, Line 6health and environment, may distribute the essential materials to state

• Page 4, Line 7agencies, schools, local public health agencies, hospitals, primary care

• Page 4, Line 8providers, or other health-care providers, nonprofit organizations,

• Page 4, Line 9faith-based organizations, tribal governments with jurisdiction

• Page 4, Line 10in Colorado, or any other individual or entity or individualor

• Page 4, Line 11community partner of any of the foregoing that the director or the

• Page 4, Line 12director's designee determines is in need as a result of the a disaster

• Page 4, Line 13emergency, in other circumstances in which the director or the

• Page 4, Line 14director's designee determines that there is a need for or benefit

• Page 4, Line 15to such distribution, or when the director or the director's

• Page 4, Line 16designee determines that distribution will enhance the ability

• Page 4, Line 17of any such entity, individual or community partner to respond

• Page 4, Line 18to current or future disaster emergencies or other

• Page 4, Line 19circumstances in a way that would help protect public health or

• Page 4, Line 20safety.

• Page 4, Line 21(9)  Beginning in January 2027, and in January every year

• Page 4, Line 22thereafter, the department shall include, as part of its

• Page 4, Line 23presentation during its "SMART Act" hearing required by

• Page 4, Line 24section 2-7-203, information concerning the acquisition of

• Page 4, Line 25essential materials for and distribution of essential materials

• Page 4, Line 26from the stockpile of essential materials procured and

• Page 4, Line 27maintained by the division pursuant to subsection (3)(a) of this

• Page 5, Line 1section. The report shall include the following information for

• Page 5, Line 2each acquisition or distribution:

• Page 5, Line 3(a)  The date of the acquisition or distribution;

• Page 5, Line 4(b)  The type and quantity of essential materials acquired

• Page 5, Line 5or distributed;

• Page 5, Line 6(c)  The entity or individual that provided or received a

• Page 5, Line 7distribution of essential materials;

• Page 5, Line 8(d)  In the case of an acquisition, the reason or reasons for

• Page 5, Line 9and cost of the acquisition;

• Page 5, Line 10(e)  In the case of a distribution, the reason or reasons for

• Page 5, Line 11the distribution; and

• Page 5, Line 12(f)  Any other information that the department or the

• Page 5, Line 13director or director's designee deems appropriate.

• Page 5, Line 14SECTION 2.  Safety clause. The general assembly finds,

• Page 5, Line 15determines, and declares that this act is necessary for the immediate

• Page 5, Line 16preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 17the support and maintenance of the departments of the state and state

• Page 5, Line 18institutions.