CO Code § 24-33.5-1614 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 33.5 - Public Safety|Part 16 - Division of Homeland Security and Emergency Management|§ 24-33.5-1614. Homeland Security and All-Hazards Senior Advisory Committee - Composition - Duties - Emergency Planning Subcommittee - Public Safety Communications Subcommittee - Creation - Definitions - Repeal

  To help develop and guide the division's efforts and advise the homeland security advisor, there is hereby created the homeland security and all-hazards senior advisory committee, referred to in this section as the "advisory committee". The advisory committee shall assist the state in becoming better able to predict, prevent, mitigate the effects of, respond to, and recover from those threats posing the greatest risk to Colorado.      The advisory committee consists of at least the director of the division, who is a nonvoting member, and the following twenty-one voting members: (2) (a) The advisory committee consists of at least the director of the division, who is a nonvoting member, and the following twenty-one voting members:   The executive director, who is the chair of the advisory committee;    The director of the division of fire prevention and control created in part 12 of this article, or his or her designee;    One member with specialized knowledge in local government assistance who represents the department of local affairs, created in section 24-1-125, to be appointed by the executive director of the department of local affairs;    One member with specialized knowledge in emergency preparedness and response who represents the department of public health and environment, created in section 25-1-102, C.R.S., to be appointed by the executive director of the department of public health and environment;    One member with specialized knowledge in homeland defense who represents the department of military and veterans affairs created in section 24-1-127 to be appointed by the adjutant general;    One member with specialized knowledge in emergency communications systems who represents the governor's office of information technology created in section 24-37.5-103, to be appointed by the chief information officer;    The chief of the Colorado state patrol appointed pursuant to section 24-33.5-205, or his or her designee;    The following fourteen members, to be appointed by the executive director in consultation with the adjutant general of the department of military and veterans affairs and the executive directors of the department of local affairs and the department of public health and environment:   A representative of Colorado counties, incorporated, or its successor entity;    A representative of the Colorado emergency management association, or its successor entity;    A representative of private industry;    A representative of the Colorado municipal league, or its successor entity;    A representative of the county sheriffs of Colorado, incorporated, or a successor sheriffs' organization;    A representative of the emergency medical services association of Colorado, or its successor organization;    A representative of the Colorado state fire chiefs' association, or its successor organization;    A representative of the Colorado association of chiefs of police, or its successor organization;         A representative of tribal government;       Additional advisory committee members may be added to the advisory committee as necessary upon:   Approval by the executive director; and    A majority vote of approval by the advisory committee members serving pursuant to paragraph (a) of this subsection (2).       The advisory committee shall select annually a vice-chairperson and secretary from among its members.      Except as otherwise provided in subparagraph (II) of this paragraph (d), advisory committee member terms are for two years each. (d) (I) Except as otherwise provided in subparagraph (II) of this paragraph (d), advisory committee member terms are for two years each.    One-half of the initial members of the advisory committee shall be appointed to one-year terms, and the other half of the initial members shall be appointed to two-year terms.       If a member of the advisory committee appointed under paragraph (a) of this subsection (2) vacates his or her office prior to the expiration of his or her term, the executive director or, for those members described under subparagraph (VII) of paragraph (a) of this subsection (2), the appropriate appointing authority shall fill the vacancy by appointment for the unexpired term.        The advisory committee shall meet as necessary, as determined by the executive director. (f) (I) (A) The advisory committee shall meet as necessary, as determined by the executive director.    Advisory committee members may attend meetings and vote via teleconference.       The advisory committee shall establish by-laws as appropriate for its effective operation.    The members of the advisory committee shall receive no compensation; except that advisory committee members are entitled to receive reimbursement for necessary travel and other reasonable expenses incurred in the performance of their official duties under this section.          The advisory committee shall:   Provide policy guidance to the division;    Annually review the state strategy for homeland security developed by the division pursuant to section 24-33.5-1604 (5)(c) and make recommendations on the strategy's goals, policies, and priorities;    Advise the governor, through his or her homeland security advisor, regarding the planning and implementation of tasks and objectives to achieve goals contained in the Colorado homeland security strategy;    Review homeland security grant applications and make recommendations to the homeland security advisor regarding grant distributions;    Identify opportunities to consolidate existing state-level advisory boards, while ensuring that local and tribal entities have latitude in determining their needs in program areas; and    Establish subcommittees, as necessary, that focus on specific issues or subject matters and make recommendations to the full advisory committee. The executive director shall select the chairpersons for any subcommittees as well as the advisory committee members to serve on the subcommittees. The chairperson of a subcommittee may select nonadvisory committee members from interested members of the community to serve on the subcommittee. Each subcommittee shall make findings and recommendations for consideration by the full advisory committee. Nonadvisory committee members of a subcommittee serve without compensation and without reimbursement for expenses.   (3.3) (a) In addition to any subcommittees created pursuant to paragraph (f) of subsection (3) of this section, there is hereby created the public safety communications subcommittee to the advisory committee, referred to in this subsection (3.3) as the "subcommittee".    The purposes of the subcommittee are to:   Promote interoperable communications among public safety organizations throughout the state;    Represent the advisory committee in matters concerning public safety communications and interoperability of communication systems; and    Inform the advisory committee on the development, maintenance, upgrade, and operation of the statewide digital trunked radio system.       The duties of the subcommittee are to:   Present an annual report to the joint budget committee in writing no later than each December 31 that includes operational and capital infrastructure needs to maintain the system;    Provide policy-level direction and promote efficient and effective use of resources for matters related to public safety communications interoperability;    Promote cooperation among local, tribal, state, and federal public safety agencies, as well as nongovernmental organizations that are in the business of providing public safety in addressing statewide radio interoperability needs in the state;    Assist public safety entities in the development of projects, plans, policies, standards, priorities, guidelines, and training for radio interoperability;    Coordinate with other communications oversight groups to ensure adequate wireless spectrum to accommodate all users;    Research statewide interoperable communications best practices of other states, tribes, and municipalities;    Provide recommendations to the advisory committee, when appropriate, concerning issues related to statewide interoperable radio communications for public safety in Colorado, which recommendations may relate to relevant topics including governance, standard operating procedures, technology, training, and funding;    Consider specifically, and report to the executive director prior to December 31, 2014, regarding:   The long-term sustainability, adaptability, and evolution of technology used in public safety communications; and    The bandwidth needed for present and future emergency communications; and       Assist the department in performing the needs assessment required under section 24-33.7-716 (7).         The members of the consolidated communications system authority, as that body existed prior to its repeal pursuant to Senate Bill 14-127, are the initial members of the subcommittee. The terms of such initial members continue and expire according to the dates for which such members were originally appointed. (d) (I) The members of the consolidated communications system authority, as that body existed prior to its repeal pursuant to Senate Bill 14-127, are the initial members of the subcommittee. The terms of such initial members continue and expire according to the dates for which such members were originally appointed.    (A) Upon expiration of the terms of the initial members serving pursuant to subparagraph (I) of this paragraph (d), and upon the creation of any other vacancy or term expiration, the appropriate appointing authority shall appoint a member representing the same interest, as described in subparagraphs (I) and (III) of paragraph (e) of this subsection (3.3), as the vacating member.       The subcommittee consists of at least the following twenty-three members:   Members representing local government, including:   Two members representing public radio systems that are not part of the statewide digital trunked radio system, who are appointed as specified in paragraph (f) of this subsection (3.3);    One member representing the licensed ambulance or emergency medical service and the licensed hospital or trauma center, who is selected by the state emergency medical and trauma services advisory council created in section 25-3.5-104, C.R.S.;    Two members representing the nine all-hazard regions, who are appointed as specified in paragraph (f) of this subsection (3.3);    Two members selected by the Colorado state fire chiefs' association, one of whom represents a metropolitan fire department and the other of whom represents a rural fire department;    One representative of Colorado professional fire fighters, or a successor labor organization that represents firefighters;    One representative of Colorado's counties, appointed by Colorado counties, incorporated, or a successor organization that represents Colorado's counties;    Five representatives of the consolidated communications network of Colorado, incorporated, or a successor nonprofit organization comprised of participating user agencies using the Colorado digital trunked radio system; and    Two members representing the law enforcement agencies, one who is selected by the Colorado association of chiefs of police and one who is selected by the county sheriffs of Colorado;       Five members representing state government as follows:   The chief information officer of the governor's office of information technology, or his or her designee;    The chief of the Colorado state patrol, or his or her designee;    The executive director of the department of corrections, or the executive director's designee;    The executive director of the department of transportation, or the executive director's designee; and    The executive director of the department of natural resources, or the executive director's designee;       Two members representing the two tribal nations in the state, one selected by each of the two tribal nations.         For the entities described in sub-subparagraphs (A) and (C) of subparagraph (I) of paragraph (e) of this subsection (3.3), each entity may nominate one or more persons to the executive director for appointment to the positions. The executive director, in consultation with the advisory committee, shall consider geographic representation and technical expertise in choosing appointees. The executive director shall notify the entities in writing regarding the appointments made. Each appointee appointed pursuant to this paragraph (f) serves at the pleasure of the executive director. (f) (I) For the entities described in sub-subparagraphs (A) and (C) of subparagraph (I) of paragraph (e) of this subsection (3.3), each entity may nominate one or more persons to the executive director for appointment to the positions. The executive director, in consultation with the advisory committee, shall consider geographic representation and technical expertise in choosing appointees. The executive director shall notify the entities in writing regarding the appointments made. Each appointee appointed pursuant to this paragraph (f) serves at the pleasure of the executive director.    The members of the subcommittee appointed or selected pursuant to subparagraphs (I) and (III) of paragraph (e) of this subsection (3.3) serve at the pleasure of the appointing or selecting authority.       In addition to the members described in paragraph (f) of this subsection (3.3), the executive director, in consultation with the advisory committee, may appoint additional members to the subcommittee. The terms of such members are for a period, not to exceed two years, identified by the executive director when making the appointments. The executive director shall ensure that such appointments maintain, to the greatest extent possible, the geographic diversity and expertise of the subcommittee.    The subcommittee members are entitled to receive reimbursement for necessary travel and other reasonable expenses incurred in the performance of their official duties.    Repealed.   (3.5) (a) In addition to any subcommittees created pursuant to paragraph (f) of subsection (3) of this section, there is hereby created the emergency planning subcommittee, also referred to in this subsection (3.5) as the "subcommittee", to the advisory committee.      The subcommittee consists of twelve members. (b) (I) The subcommittee consists of twelve members.    Five of the twelve members are the following ex officio representatives of state government or their designees:   The director;    The director of the division of fire prevention and control in the department of public safety;    The director of the division of local government in the department of local affairs;    The director of the division in the department of public health and environment responsible for hazardous materials and waste management; and    A representative of the Colorado state patrol in the department of public safety.       The remaining seven members of the subcommittee are appointed by the executive director for two-year terms, and may be reappointed for additional terms. Of those seven members, two shall represent local governments, two shall be from either public interest groups or community groups, one shall represent a local emergency planning committee, and two shall represent industries affected by implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499.         The members of the Colorado emergency planning commission, as such existed prior to its repeal pursuant to House Bill 14-1004, are the initial members of the subcommittee. The terms of such initial members continue and expire according to the dates for which such members were originally appointed. (c) (I) The members of the Colorado emergency planning commission, as such existed prior to its repeal pursuant to House Bill 14-1004, are the initial members of the subcommittee. The terms of such initial members continue and expire according to the dates for which such members were originally appointed.    (A) Upon expiration of the terms of the initial members serving pursuant to subparagraph (I) of this paragraph (c), and upon the creation of any other vacancy or term expiration, the executive director shall appoint a member representing the same interest, as described in subparagraph (III) of paragraph (b) of this subsection (3.5), as the vacating member.       Members of the subcommittee do not receive compensation or per diem for their services on the subcommittee; except that members may be reimbursed for travel expenses incurred in connection with activities other than attending meetings of the subcommittee.    In addition to any other duties and functions described in part 15 of this article, the subcommittee shall advise the advisory committee on matters pertaining to implementation of the federal "Emergency Planning and Community Right-to-Know Act of 1986", 42 U.S.C. sec. 11001 et seq., Title III of the federal "Superfund Amendments and Reauthorization Act of 1986", Pub.L. 99-499. The subcommittee shall also keep the advisory committee informed of actions it takes under section 24-33.5-1504 regarding local emergency planning committees or districts.    Repealed.               This section is repealed, effective September 1, 2021. (4) (a) This section is repealed, effective September 1, 2021.    Prior to repeal, the department of regulatory agencies shall review the advisory committee in accordance with section 2-3-1203, C.R.S.        (J) A representative of Colorado voluntary organizations active in disaster;   (K) A regional state homeland security coordinator, representing an all-hazards emergency management region established by executive order of the governor;   (L) A representative of the special districts association of Colorado, or its successor organization;   (M) A representative from the state all-hazards advisory committee formed under the department, or any successor entity; and   (N) A representative of the Denver urban area security initiative, as recognized by the United States department of homeland security.   Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1125, § 28, effective July 1. L. 2014: (3.5) added, (HB 14-1004), ch. 11, p. 105, § 11, effective February 27; (2)(f)(III) amended and (3.3) added, (SB 14-127), ch. 386, p. 1925, § 3, effective June 6. L. 2016: (3.5)(b)(III) amended, (SB 16-189), ch. 210, p. 766, § 48, effective June 6. L. 2018: (3)(b) amended, (HB 18-1375), ch. 274, p. 1710, § 46, effective May 29. L. 2019: (3.3)(i) repealed, (SB 19-152), ch. 104, p. 373, § 2, effective August 2; (3.5)(f) repealed, (SB 19-151), ch. 103, p. 371, § 2, effective August 2.   Cross references: (1) For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.   (2) For the legislative declaration in SB 14-127, see section 1 of chapter 386, Session Laws of Colorado 2014.   ANNOTATION   Law reviews. For article, "Environmental Law: America's Water Infrastructure Act", see 49Colo. Law. 38 (Mar. 2020).