(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.
All state departments shall conduct studies and adopt measures to reduce the impactof, 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.
If the director of the office of emergency management believes, on the basis of thestudies 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.
The governor, at the same time that the governor makes recommendations pursuantto 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.
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.
Editor's note: This section is similar to former § 24-32-2110 as it existed prior to 2012.