Colorado § 24-33.5-1231 - Local firefighter safety and disease prevention fund - creation - grants - rules - report.

§ 24-33.5-1231. Local firefighter safety and disease prevention fund - creation - grants - rules - report.

(1) There is hereby created in the state treasury the local firefighter safety and disease prevention fund. The fund consists of all money that may be appropriated or transferred to the fund by the general assembly and all private and public money received through gifts, grants, or donations that is transmitted to the state treasurer and credited to the fund. The state treasurer shall credit all interest earned from the investment of money in the fund to the fund. The money in the fund is hereby continuously appropriated to the department for the purposes indicated in this section. Any money not expended at the end of each fiscal year remains in the fund and shall not be transferred to or revert to the general fund.

(2) (a) The division shall use the money in the fund to:

(I) Award need-based grants to governing bodies and volunteer fire departments to provide funding or reimbursement for:

(A) Purchasing equipment or replacing damaged or obsolete equipment, including the costs of disposal of damaged and obsolete equipment; and

(B) Providing training designed to increase firefighter safety and prevent occupation-related diseases;

(II) Reimburse a multiple employer behavioral health trust for the direct costs of providing a program pursuant to part 5 of article 5 of title 29. In fiscal year 2022-23, the total reimbursement pursuant to this subsection (2)(a)(II) must not exceed one million dollars. In subsequent fiscal years, the fire service training, certification, and firefighter safety advisory board, created in section 24-33.5-1204 (1) shall make a recommendation to the division based upon the behavioral health-care and safety needs of firefighters as to the amount of money in the fund that may be used for this purpose.

(b) The division may expend up to three percent per year from the fund for its direct and indirect costs in administering the programs authorized by this section. The general assembly intends that the need-based grants from the fund are in addition to, and do not supplant, other sources of funding regarding firefighting.

(3) The director shall promulgate rules governing the award of grants pursuant to subsection (2) of this section, including consideration of:

(a) The recommendations of the fire service training, certification, and firefighter safety advisory board, created in section 24-33.5-1204 (1), concerning the grant application process, funding priorities, and the criteria for awarding grants, subject to the requirements of subsection (3.5) of this section;

(b) How to structure the grant application process, which must include a merit-based, peer-review process with grant reviewers from the Colorado state fire chiefs, Colorado professional fire fighters association, the Colorado state fire fighters association, and individuals with experience as volunteer firefighters in equal representation. The peer reviewers shall make recommendations to the director on the award of grants under the program.

(c) The findings of the Colorado fire service needs assessment, which the division shall conduct at least every other year; and

(d) An applicant's efforts to finance equipment and training designed to increase firefighter safety other than through an award of a grant pursuant to this section.

(3.5) In awarding grants, the division shall give priority to governing bodies and volunteer fire departments that:

(a) Demonstrate the greatest need for additional funding to ensure the safety of volunteer and seasonal firefighters;

(b) Demonstrate a loss of tax revenue due to decreased assessment values as a result of a wildland fire in the fire department's jurisdiction in the previous five years; or

(c) Rely primarily or solely on volunteer firefighters and are serving communities affected by wildland fires.

(4) (a) (I) For fiscal year 2022-23, the general assembly shall appropriate one million dollars from the general fund to the fund for the implementation of this section. In each of fiscal years 2023-24 and 2024-25, the general assembly shall appropriate five million dollars from the general fund to the fund for the implementation of this section. The general assembly may appropriate additional money to the fund as necessary to meet the needs of fire departments across the state.

(II) On or before September 1, 2025, the staff of the joint budget committee shall review the implementation of this section and make a recommendation to the joint budget committee and to the wildfire matters review committee or any successor committee as to the amount of future appropriations to the fund based on the current needs of fire departments across the state.

(b) (I) Subject to available appropriations, the division shall award grants at least once annually in accordance with this section and shall allow governing bodies and volunteer fire departments to submit applications throughout the year on an as-needed basis due to emergent circumstances.

(II) The division may use a portion of the money in the fund to directly purchase and distribute protective equipment to governing bodies and volunteer fire departments to directly pay for training designed to increase firefighter safety and prevent occupation-related diseases for governing bodies and volunteer fire departments or to reimburse governing bodies and volunteer fire departments for the costs of protective equipment and training without requiring a grant application and peer review process pursuant to subsections (2) and (3) of this section. In distributing equipment, paying for training, or providing reimbursement pursuant to this subsection (4)(b)(II), the division shall prioritize governing bodies and volunteer fire departments in accordance with the criteria specified in subsection (3.5) of this section.

(4.5) Repealed.

(5) (a) Notwithstanding any other requirement of this section, the division shall use the money transferred pursuant to subsection (5)(c) of this section to directly purchase and distribute protective equipment to governing bodies and volunteer fire departments, to directly pay for training designed to increase firefighter safety and prevent occupation-related diseases for governing bodies and volunteer fire departments, or to reimburse governing bodies and volunteer fire departments for the costs of protective equipment and training without requiring a grant application and peer review process pursuant to subsections (2) and (3) of this section; except that the division may use the money for any purpose authorized by this section prior to January 1, 2022, if the division determines it cannot use the full amount as otherwise required by this subsection (5)(a).

(b) In distributing equipment, paying for training, or providing reimbursement pursuant to subsection (5)(a) of this section, the division shall prioritize governing bodies and volunteer fire departments that it identifies as having the greatest need for assistance to ensure firefighter safety.

(c) Within three days after March 1, 2022, the state treasurer shall transfer five million dollars from the general fund to the fund.

(6) The division shall submit an annual report on the expenditures from the local firefighter safety and disease prevention fund to the wildfire matters review committee created in section 2-3-1602. The report must include information on the number of grants made and the number of volunteer and paid firefighters in each fire department that received a grant, equipment, or training pursuant to this section. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (6) continues indefinitely.

Source: L. 2014: Entire section added, (SB 14-046), ch. 210, p. 785, § 2, effective May 15. L. 2015: (2) and (3)(d) amended, (HB 15-1017), ch. 3, p. 7, § 3, effective March 11. L. 2018: (4) added, (HB 18-1423), ch. 230, p. 1445, § 1, effective May 23; (1) amended, (HB 18-1375), ch. 274, p. 1709, § 45, effective May 29. L. 2022: (1) amended and (5) added, (HB 22-1194), ch. 3, p. 95, § 1, effective March 1; (1), (2), (3)(a), (3)(b), and (4) amended and (3.5) and (6) added, (SB 22-002), ch. 339, p. 2438, § 3, effective June 3; (4.5) added, (HB 22-1132), ch. 344, p. 2461, § 2, effective August 10; (5)(c) amended, (SB 22-212), ch. 421, p. 2988, § 97, effective August 10.

Editor's note: (1) Amendments to subsection (1) by SB 22-002 and HB 22-1194 were harmonized.

(2) Subsection (4.5) provided for the repeal of subsection (4.5), effective January 1, 2025. (See L. 2022, p. 2461.)