2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 33.5 - Public Safety (§§ 24-33.5-101 — 24-33.5-2704) › Part 16 - DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT (§§ 24-33.5-1601 — 24-33.5-1624) › Section 24-33.5-1621 - Essential materials - stockpile - rotation - emergency stockpile rotation cash fund - creation - legislative declaration - definitions

(1)
(a)
The general assembly hereby finds and declares that:
(I)
At the outset of the COVID-19 pandemic, there was a shortage in the state of ventilators and personal protective equipment that could help slow the spread of the virus, but the division has since acquired a stockpile of these items using federal money;
(II)
The division has distributed these materials, along with other items such as shelf-stable foods and personal hygiene supplies, during the current public health emergency; and
(III)
It is important for the state to maintain this stockpile to respond to the current pandemic and for any future disaster emergencies.
(b)
The general assembly further finds and declares that:
(I)
Acquiring and maintaining a reserve of essential materials that may be distributed in response to the COVID-19 public health emergency or future disaster emergencies is a critical government service for the state to provide to the citizens of this state; and
(II)
Therefore, it is appropriate to use money in the revenue loss restoration cash fund for this purpose.
(2)
As used in this section, unless the context otherwise requires:
(a)
"Cash fund" means the emergency stockpile rotation cash fund created in subsection (6) of this section.
(b)
"Essential materials" means personal protective equipment, ventilators, and any other items that the director determines are necessary to respond to a disaster emergency.
(c)
"Personal protective equipment" means face coverings, gowns, face shields, and gloves.
(d)
"Revenue loss restoration cash fund" means the revenue loss restoration cash fund created in section
24-75-227(2)(a)
.
(3)
(a)
The division shall procure and maintain a stockpile of essential materials that are available for distribution after the governor has declared a disaster emergency in accordance with section
24-33.5-704(4)
. Subject to available appropriations, the division shall attempt to ensure that, in the event of a national public health emergency, the stockpile has a sufficient supply of personal protective equipment to bridge the gap until the national supply chain can increase production to meet the demand for such items.
(b)
The division, in consultation with the department of public health and environment, may distribute the essential materials to state agencies, schools, local public health agencies, hospitals, primary care providers, or other health-care providers, or any other individual or entity that the director determines is in need as a result of the disaster emergency.
(4)
In order to ensure that the essential materials in the stockpile are rotated prior to their applicable expiration dates, state agencies shall, to the extent possible, procure essential materials from the division. In addition, the division may donate or sell essential materials as necessary to avoid having stock that is past its expiration date. Any proceeds from the sale of the essential materials are credited to the cash fund.
(5)
The director may contract with a third-party entity to procure, maintain, rotate, and distribute the stockpile of essential materials as required by this section.
(6)
(a)
The emergency stockpile rotation cash fund is hereby created in the state treasury. The cash fund consists of the proceeds of sales of essential materials credited to the cash fund in accordance with subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the cash fund.
(b)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the emergency stockpile rotation cash fund to the cash fund.
(c)
Money in the cash fund is continuously appropriated to the department for use by the division as required by this section.
(7)
The division may seek, accept, and expend gifts, grants, or donations from private or public sources, including from the federal government, for the purposes of this section.
(8)
The general assembly may appropriate money from the general fund to the department for use by the division for the purposes of this section. In addition, for expenditures that are made prior to December 31, 2024, the general assembly may appropriate money from the revenue loss restoration cash fund for the same purposes, notwithstanding the limitation in section
24-75-227(3)(c)
.
Added by 2022 Ch. 177,§1, eff. 5/18/2022.