Colorado § 24-33.5-1604 - Duties and powers of the division - rules.

§ 24-33.5-1604. Duties and powers of the division - rules.

(1) The division has the following duties and powers:

(a) To inquire into the threat of terrorism in Colorado and the state of preparedness to respond to that threat and to make recommendations to the governor and the general assembly;

(b) To cooperate with the United States department of homeland security and other agencies of the federal government and other states in matters related to terrorism;

(c) To do all things necessary for the implementation of this part 16, including but not limited to the power:

(I) To hire personnel;

(II) To contract with federal, state, local, and private entities; and

(III) To accept and expend federal and private funds.

(2) (a) The division shall create and implement terrorism preparedness plans. The plans shall include the following:

(I) State protocols and procedures concerning the prevention of, preparation for, response to, and recovery from any terrorist threat, terrorist act, or other terrorist-related activity;

(II) Establishment and issuance of protocols to guide state and local law enforcement and emergency response officials in responding to any case involving a suspected terrorist training activity described in section 18-9-120, C.R.S.;

(III) Coordination with appropriate governmental agencies, educational institutions, and private sector entities to develop protocols concerning access and security measures at biotechnology laboratories and facilities;

(IV) Coordination with appropriate state agencies to develop protocols concerning the handling, storage, and disposal of biological agents, chemical weapons, destructive devices, radioactive materials, and toxins when any such materials are obtained as evidence of a suspected terrorist training activity as described in section 18-9-120, C.R.S., act of terrorism, suspected act of terrorism, threat to commit an act of terrorism, or conspiracy to commit an act of terrorism.

(b) (I) In creating the terrorism preparedness plans, the division shall seek the advice and assistance of other federal, state, and local government agencies; business, labor, industrial, agricultural, civic, and volunteer organizations; and community leaders.

(II) The terrorism preparedness plans constitute specialized details of security arrangements for purposes of section 24-72-204 (2)(a)(VIII).

(3) (a) The division shall provide advice, assistance, and training to state and local government agencies in the development and implementation of terrorism preparedness plans and in conducting periodic exercises related to the plans.

(b) The division shall provide oversight of terrorism preparedness plans developed and implemented by state and local government agencies. The oversight does not usurp the authority of state and local government agencies, but will only provide peer review and comment in order to promote standardized methods of operation and to facilitate integration with plans adopted by other state and local government agencies throughout the state.

(c) State and local government agencies that develop terrorism preparedness plans shall submit copies of current, new, or amended plans to the division.

(4) The division may distribute to local government agencies any federal or other funds that become available for distribution.

(5) The division shall also:

(a) Build partnerships with first responders, agencies, and citizens in the public and private sectors;

(b) Coordinate activities with other state agencies and the all-hazards emergency management regions created by executive order of the governor;

(c) Develop and update a state strategy for homeland security;

(d) Facilitate, coordinate, and conduct capabilities assessments as necessary;

(e) Facilitate improvements in overall preparedness by developing coordinating mechanisms among Colorado's emergency management, homeland security, public safety, and public health agencies in order to deliver the capabilities necessary for all domestic disasters, whether natural or man-made, including acts of terror; and

(f) Coordinate protection activities among owners and operators of critical infrastructure and other tribal, state, local, regional, and federal agencies in order to help secure and protect critical infrastructure within the state.

(6) (a) The division shall implement section 24-33.5-1624 in order to ensure a secure telecommunications network in Colorado.

(b) The director of the division may promulgate rules related to telecommunications security in accordance with section 24-33.5-1624.

(7) The division shall support homeland security initiatives by:

(a) Creating and implementing a state preparedness goal and system to improve state capabilities to prevent, mitigate the effects of, respond to, and recover from threats to Colorado;

(b) Improving community preparedness and citizen involvement through external outreach;

(c) Identifying and reducing duplicative homeland security-related training needs and efforts;

(d) Coordinating homeland security-related training among tribal, state, local, and regional agencies, and creating a single training and exercise calendar, with identified points of contact, that is accessible via the internet;

(e) Coordinating and updating homeland security and critical infrastructure protection plans;

(f) Administering state and federal grants, providing technical assistance to grantees, and coordinating funding opportunities with other state agencies;

(g) Administering state grants provided to state agencies and political subdivisions from the disaster emergency fund, as described in section 24-33.5-706;

(h) Coordinating and updating homeland security plans;

(i) Coordinating all-hazard public risk communication products; and

(j) Determining national incident management system professional development and educational requirements.

Source: L. 2002: Entire part added, p. 1207, § 6, effective June 3. L. 2005: (2)(b)(II) and (3)(c) amended, p. 503, § 4, effective July 1. L. 2012: IP(1), (1)(b), IP(2)(a), (2)(b), (3), and (4) amended and (5) added, (HB 12-1283), ch. 240, p. 1121, § 21, effective July 1. L. 2024: (6) added, (SB 24-151), ch. 483, p. 3385, § 3, effective June 7. L. 2026: (7) added, (HB 26-1252), ch. 382, p. 2374, § 1, effective August 12.

Cross references: For the legislative declaration in the 2012 act amending the introductory portions to subsections (1) and (2)(a) and subsections (1)(b), (2)(b), (3), and (4) and adding subsection (5), see section 1 of chapter 240, Session Laws of Colorado 2012. For the legislative declaration in SB 24-151, see section 1 of chapter 483, Session Laws of Colorado 2024.