Amendments for SB23-166
Senate Journal, March 17
After consideration on the merits, the Committee recommends that SB23-166 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, strike line 8 and substitute "REDUCING FIRE RISK IN
THE DEFENSIBLE SPACE SURROUNDING STRUCTURES IS".
Page 3, strike lines 10 through 12 and substitute "COMMUNITIES FROM THE
EFFECTS OF WILDFIRES. THIS RISK INCLUDES THE LOSS OF LIFE, HOMES,
BUSINESSES, AND OTHER STRUCTURES AND THE LOSS OF JOBS AND ECONOMIC
VITALITY. RISK EVALUATION IS BASED ON MANY FACTORS, INCLUDING
PROXIMITY TO STRUCTURES. HARDENING STRUCTURES IS THE PROCESS OF
MAKING STRUCTURES MORE RESILIENT TO IGNITION AND INVOLVES BEST
PRACTICES TO PROTECT A STRUCTURE FROM THE RISK OF WILDFIRE AND TO
PREVENT A STRUCTURE FIRE FROM STARTING A WILDFIRE.".
Page 3, before line 13 insert:
"(IV) BUILDING STRUCTURES, INCLUDING HOUSES, THAT ARE RESILIENT
TO WILDFIRE RISK IS AS AFFORDABLE OR MORE AFFORDABLE THAN BUILDING
NONRESILIENT STRUCTURES AND REDUCES STRUCTURE LOSS, THE FINANCIAL
INVESTMENT REQUIRED TO REBUILD STRUCTURES, COST OF INSURANCE, AND
PROBLEMS RELATED TO UNDERINSURANCE. IN LIGHT OF THESE FINANCIAL
IMPLICATIONS, INCREASING HOUSING STOCK WITH WILDFIRE RESILIENT
STRUCTURES INCREASES AND PROTECTS THE AFFORDABLE HOUSING STOCK.".
Renumber succeeding subparagraphs accordingly.
Page 3, strike line 21 and substitute "STRUCTURES AND REDUCING FIRE RISK IN
THE DEFENSIBLE SPACE SURROUNDING".
Page 3, line 24, after "CODES." add "AS ONE OF ITS FUNCTIONS, THE CODE
BOARD WILL ENDEAVOR TO ESTABLISH A CONSISTENT STATE-LEVEL DEFINITION
FOR THE WILDLAND-URBAN INTERFACE THAT CAN BE USED BY ALL APPLICABLE
STATE AGENCIES.".
Page 4, line 20, strike "EACH OF WHOM EITHER IS" and substitute "TWO OF
WHICH ARE EITHER".
Page 4, line 21, strike "ENGINEER," and substitute "ENGINEER AND ONE OF
WHICH HAS SPECIALIZED EXPERTISE IN WILDLAND FIRE BEHAVIOR OR WILDFIRE
MITIGATION SCIENCE AND STRATEGIES,".
Page 7, line 1, strike "SIX" and substitute "SEVEN".
Page 7, strike lines 3 and 4 and substitute "VACANCY, THE APPLICABLE PERSON
AUTHORIZED TO APPOINT A MEMBER OR MEMBERS AS SET FORTH IN SUBSECTION
(3)(a) OF THIS SECTION FOR THE APPLICABLE POSITION THAT IS VACANT SHALL
APPOINT A NEW MEMBER TO THE VACANT POSITION FOR THE REMAINDER OF THE
UNEXPIRED TERM. A MEMBER APPOINTED TO FILL".
Page 7, strike line 23 and substitute "REDUCING FIRE RISK IN THE DEFENSIBLE
SPACE SURROUNDING STRUCTURES IN".
Page 7, line 27, after "OF" insert "MINIMUM".
Page 8, strike line 1 and substitute "STRUCTURES AND REDUCING FIRE RISK IN
THE DEFENSIBLE SPACE SURROUNDING".
Page 8, line 17, after "CODES;" insert "ANY EXISTING DEFINITIONS OF THE TERM
WILDLAND-URBAN INTERFACE;".
Page 8, line 20, strike "YEARS." and substitute "YEARS, AS THE BOARD
DETERMINES MAY BE NECESSARY.".
Page 9, strike lines 5 through 16 and substitute:
"(C) APPLY TO PERMITTING AND INSPECTIONS FOR NEW CONSTRUCTION
OF STRUCTURES OR DEFENSIBLE SPACE AROUND STRUCTURES AND FOR NEW
CONSTRUCTION FOR AN EXTERNAL ADDITION, ALTERATION, OR REPAIR TO A
STRUCTURE OR THE DEFENSIBLE SPACE AROUND THE STRUCTURE IN
ACCORDANCE WITH THIS SUBSECTION (4)(b)(II)(C). COMPLIANCE WITH THE
CODES IS REQUIRED FOR PERMITS AND INSPECTIONS IN CONNECTION WITH
INCREASING THE FOOTPRINT OF A STRUCTURE BY FIVE HUNDRED SQUARE FEET,
INCLUDING ADDING ATTACHMENTS TO THE STRUCTURE. COMPLIANCE WITH THE
CODES IS REQUIRED FOR PERMITS AND INSPECTIONS IN CONNECTION WITH AN
ALTERATION OR REPAIR TO THE EXTERIOR OF AN EXISTING STRUCTURE, OR AN
ATTACHMENT TO IT, IF TWENTY-FIVE PERCENT OR MORE OF THE EXTERIOR OF
THE STRUCTURE OR THE ATTACHMENT TO IT IS AFFECTED BY THE ALTERATION
OR REPAIR. COMPLIANCE WITH THE CODES IS REQUIRED FOR THE ADDITION OF
A WOODEN DECK TO A STRUCTURE. THE CODES SHALL NOT APPLY TO INTERIOR
ALTERATIONS OF EXISTING STRUCTURES.".
Page 9, strike lines 18 and 19 and substitute "1, 2025, AND REVIEWED BY THE
BOARD EVERY THREE YEARS AND UPDATED OR SUPPLEMENTED AS THE BOARD
DETERMINES MAY BE NECESSARY;".
Page 10, strike lines 5 and 6 and substitute "APPROVAL OF AN EXEMPTION FROM
THE CODE FOR ACTIVITIES OR".
Page 10, line 18, strike "(2)." and substitute "(2);".
Page 10, after line 18 insert:
"(II) PURSUANT TO THE BOARD'S COLLABORATION WITH THE ENERGY
CODE BOARD AS REQUIRED BY SUBSECTION (4)(c)(I)(C) OF THIS SECTION, THE
BOARD SHALL WORK WITH THE ENERGY CODE BOARD TO IDENTIFY ANY
CONFLICTS BETWEEN CODES DEVELOPED BY THE ENERGY CODE BOARD
PURSUANT TO SECTION 24-38.5-401 (5) AND (6) AND RULES PROMULGATED BY
THE BOARD AND MAKE BEST EFFORTS TO RESOLVE ANY CONFLICTS;".
Renumber succeeding subparagraphs accordingly.
Page 14, line 17, after "INTERFACE" insert "THAT HAS THE AUTHORITY TO
ADOPT BUILDING CODES OR FIRE CODES".
Page 14, line 18, strike "CODES." and substitute "CODES WITHIN THREE MONTHS
OF THE BOARD ADOPTING THE CODES IN ACCORDANCE WITH SECTION
24-33.5-1236 (4)(b)(II)(D).".
Page 14, line 24, strike "SIX" and substitute "THREE".
Page 15, line 14, after "FEE" insert "TO THE PROPERTY OWNER".
Page 15, line 26, strike "EFFECT." and substitute "EFFECT, OR THE BOARD AT ITS
DISCRETION AND THROUGH ITS OWN ACTION MAY EXTEND THE MODIFICATION
AND SPECIFY A NEW EXPIRATION DATE.".
Senate Journal, April 13
SB23-166 by Senator(s) Cutter and Exum; also Representative(s) Froelich and Velasco--Concerning
the establishment of a wildfire resiliency code board, and, in connection therewith, requiring
the wildfire resiliency code board to adopt model codes and requiring governing bodies with
jurisdiction in an area within the wildland-urban interface to adopt codes that meet or
exceed the standards set forth in the model codes.
Amendment No. 1, Local Government & Housing Committee Amendment.
(Printed in Senate Journal, March 17, page(s) 493-495 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 11, page(s) 744 and placed in members' bill files.)
Amendment No. 3(L.018), by Senator Gonzales.
Amend printed bill, page 9, line 3, after "IMPACTS," insert "REGIONAL
DIFFERENCES IN AFFORDABILITY, DENSITY, AND EXISTING BUILDING AND
PROPERTY MAINTENANCE CODES,".
Amendment No. 4(L.017), by Senator Roberts.
Amend printed bill, page 4, strike lines 18 and 19 and substitute:
"(C) ONE ARCHITECT WITH EXPERIENCE USING WILDFIRE RESILIENCY
CODES IN THE STATE WHO REPRESENTS A STATEWIDE ORGANIZATION FOR
ARCHITECTS, APPOINTED BY THE EXECUTIVE DIRECTOR;".
Amendment No. 5(L.014), by Senator Pelton B.
Amend printed bill, page 11, after line 11 insert:
"(g) THE BOARD SHALL NOT APPROVE FINAL ADOPTION OF THE CODES,
OR ANY UPDATES OR SUPPLEMENTS TO THE CODES PURSUANT TO SUBSECTION
(4)(b) OF THIS SECTION, UNTIL AT LEAST THREE STATEWIDE PUBLIC HEARINGS
HAVE BEEN HELD, INCLUDING AT LEAST ONE HEARING HELD IN A LOCATION
WEST OF THE CONTINENTAL DIVIDE AND AT LEAST ONE HEARING HELD IN A
LOCATION EAST OF THE CONTINENTAL DIVIDE AND EITHER SOUTH OF EL PASO
COUNTY'S SOUTHERN BOUNDARY OR EAST OF ARAPAHOE COUNTY'S EASTERN
BOUNDARY. MEMBERS OF THE BOARD MAY PARTICIPATE ELECTRONICALLY AND
THE BOARD SHALL ESTABLISH RULES TO PROVIDE FOR THE NECESSARY
ELEMENTS FOR ELECTRONIC ATTENDANCE AT HEARINGS.".
Amendment No. 6(L.016), by Senator Cutter.
Amend printed bill, page 8, line 17, strike "EXISTING MODEL CODES;".
Page 9, line 4, after "IMPACTS," insert "EXISTING MODEL CODES,".
Amendment No. 7(L.012), by Senator Cutter.
Amend printed bill, page 5, line 20, strike "THE STATE AT LARGE," and
substitute "A MUNICIPALITY AND A COUNTY THAT, PRIOR TO SEPTEMBER 30,
2023, HAS ADOPTED A CODE THAT PROVIDES, MINIMALLY, FOR WILDFIRE
RESILIENT STRUCTURES AND BEST PRACTICES,".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
(For further action, see amendments to the report of the Committee of the Whole.)
Senate Journal, April 13
SB23-166 by Senator(s) Cutter and Exum; also Representative(s) Froelich and Velasco--Concerning
the establishment of a wildfire resiliency code board, and, in connection therewith, requiring
the wildfire resiliency code board to adopt model codes and requiring governing bodies with
jurisdiction in an area within the wildland-urban interface to adopt codes that meet or
exceed the standards set forth in the model codes.
Senator Kirkmeyer moved to amend the Report of the Committee of the Whole to show
that the following Kirkmeyer floor amendment, (L.019) to SB 23-166, did pass.
Amend printed bill, page 14, strike lines 16 through 18 and substitute:
"(2) (a) A governing body with jurisdiction in an area within the
wildland-urban interface that has the authority to adopt building codes or
fire codes but has not adopted codes or standards to address the hardening
of structures and reduction of fire risk in the defensible space surrounding
structures in the wildland-urban interface shall adopt a code that meets or
exceeds the minimum standards set forth in the codes within three months
of the board adopting the codes in accordance with section 24-33.5-1236
(4)(b)(II)(D).".
Amend the Local Government and Housing Committee Report, dated
March 16, 2023, page 3, strike lines 26 through 30.
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 13 NO 20 EXCUSED 2 ABSENT 0
Baisley Y Ginal Y Marchman N Simpson Y
Bridges E Gonzales N Moreno N Smallwood Y
Buckner N Hansen N Mullica N Sullivan N
Coleman N Hinrichsen N Pelton B. Y Van Winkle E
Cutter N Jaquez N Pelton R. Y Will Y
Danielson N Kirkmeyer Y Priola N Winter F. N
Exum N Kolker N Rich Y Zenzinger Y
Fields N Liston Y Roberts N President N
Gardner Y Lundeen Y Rodriguez N
House Journal, April 21
29 SB23-166 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend reengrossed bill, page 15, strike lines 5 through 7 and substitute:
34
35 "(c) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
36 ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND FOR
37 THE IMPLEMENTATION OF THIS SECTION AND OF SECTION 24-33.5-1237.".
38
39 Page 18, line 21, before "For" insert "(1)".
40
41 Page 18, after line 25 insert:
42
43 "(2) For the 2023-24 state fiscal year, $9,302 is appropriated to the
44 department of public safety. This appropriation is from reappropriated
45 funds in the wildfire resiliency code board cash fund under subsection (1)
46 of this section. To implement this act, the department may use this
47 appropriation as follows:
48 (a) $1,589 for use by the division of fire prevention and control
49 for the wildfire resiliency code board; and
50 (b) $7,713 for use by the executive director's office for vehicle
51 lease payments.
52 (3) For the 2023-24 state fiscal year, $250,000 is appropriated to
53 the department of public safety for use by the division of fire prevention
54 and control. This appropriation is from the wildfire resiliency code board
1 cash fund created in section 24-33.5-1236 (8)(a), C.R.S., and is based on
2 an assumption that the division will require an additional 2.0 FTE. To
3 implement this act, the division may use this appropriation for the
4 wildfire resiliency code board.".
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6