§ 24-33.5-710 — Disaster prevention, mitigation, and recovery

Colorado § 24-33.5-710

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Public Safety

Text

(1) In addition
to disaster prevention and mitigation measures as included in the state, local, and
interjurisdictional emergency management plans, the governor shall consider steps
that could be taken on a continuing basis to prevent or reduce the harmful
consequences of and effectively recover from disasters. At the governor's direction,
and pursuant to any other authority and competence they have, state agencies,
including those charged with responsibilities in connection with floodplain
management, stream encroachment and flow regulation, weather modification, fire
prevention and control, hazard mitigation, air quality, public works, land use and
land-use planning, and construction standards, shall make studies of matters
related to disaster prevention. The governor and the executive director, from time
to time, shall make recommendations to the general assembly, local governments,
and such other appropriate public and private entities as may facilitate measures
for prevention or reduction of the harmful consequences of disasters.

(2) All state departments shall conduct studies and adopt measures to
reduce the impact of, and actions contributory to, a disaster. The studies shall
concentrate on means of reducing or avoiding the dangers caused by such
occurrences or the consequences thereof. State departments shall provide
information about the accomplishments and successes of these projects when
requested by the office of emergency management or the Colorado resiliency
office for reporting purposes.

(3) If the director of the office of emergency management believes, on the
basis of the studies or other competent evidence, that an area is susceptible to a
disaster of catastrophic proportions without adequate warning, that existing
building standards and land-use controls in that area are inadequate and could add
substantially to the magnitude of the disaster, and that changes in zoning
regulations, other land-use regulations, or building requirements are essential in
order to further the purposes of this section, the director shall specify the essential
changes to the executive director and to the governor. If the governor, upon review
of the recommendations, finds after public hearing that the changes are essential,
the governor shall so recommend to the agencies or local governments with
jurisdictions over the area and subject matter. If no action or insufficient action
pursuant to the governor's recommendations is taken within the time specified by
the governor, the governor shall so inform the general assembly and request
legislative action appropriate to mitigate the impact of disaster.

(4) The governor, at the same time that the governor makes
recommendations pursuant to subsection (3) of this section, may suspend the
standard or control which the governor finds to be inadequate to protect the public
safety and by regulation place a new standard or control in effect. The new
standard or control shall remain in effect until rejected by joint resolution of both
houses of the general assembly or amended by the governor. During the time it is in
effect, the standard or control contained in the governor's regulation shall be
administered and given full effect by all relevant regulatory agencies of the state
and local governments to which it applies. The governor's action is subject to
judicial review but shall not be subject to temporary stay pending litigation.

Legislative History

Source: L. 2012: Entire part RC&RE with relocations, (HB 12-1283), ch. 240, p. 1083, � 10, effective July 1. L. 2018: (1), (2), and (3) amended, (HB 18-1394), ch. 234, p. 1470, � 15, effective August 8.