Section 24-33.5-1235 - Regional and statewide mutual aid system - powers and duties of division director - rules - legislative declaration - definitions(1)(a) The general assembly hereby finds, determines, and declares that: (I) Natural and manmade emergencies that overwhelm or have the potential to overwhelm local fire and EMS resources pose a serious threat to life, property, critical infrastructure, the economy, and the environment across the state;(II) A systematic, proactive approach to the initial response to such incidents, regardless of cause, location, or complexity, is needed in order to protect life, property, critical infrastructure, the economy, and environment across the state; and(III) It is essential to the proper management of such incidents to develop a regional and statewide mutual aid system among the various local fire and emergency medical response agencies to ensure rapid coordinated initial response.(b) The general assembly intends this section to establish a regional and statewide mutual aid system to be administered by the division.(2) As used in this section, unless the context otherwise requires: (a) "Colorado coordinated regional mutual aid system" or "CCRMAS" means the coordinated regional mutual aid system created in subsection (3) of this section.(b) "Division of fire prevention and control" or "DFPC" means the division of fire prevention and control in the department of public safety created in section 24-33.5-1201.(c) "Emergency incident" means a natural or manmade emergency incident that overwhelms or has the potential to overwhelm local fire and EMS resources, which incidents include, without limitation, wildland fires, fires occurring in wildland-urban interface areas, structural fires, tornadoes, floods, explosions, weapons of mass destruction, mass casualty, hazardous materials incidents, technical rescue and extrication, emergency medical transport, and emergency medical services.(d)(I) "Emergency responder" means a county improvement district providing fire protection services or other county departments or agencies providing fire or emergency medical services, municipal fire departments, fire protection districts, metropolitan districts providing fire protection services, fire authorities, hazardous material authorities, volunteer fire departments recognized under the "Volunteer Fire Department Organization Act" in section 24-33.5-1208.5, health services districts providing ambulance services, and ambulance districts.(II) "Emergency responder" also includes other public, private, nonprofit, or government organizations that have been accepted into the RSMAS by the director of the division and that provide one or more of the following services in the state of Colorado: Fire suppression; technical rescue; emergency extrication; hazardous materials; or all-hazards emergency response, ambulance, or emergency medical services.(e) "EMS" means emergency medical services.(f) "Regional and statewide mutual aid system" or "RSMAS" means a regional and statewide system that provides for the coordinated initial response of emergency responders to emergency incidents.(3) The director of the division shall establish, implement, and maintain the RSMAS, which authority encompasses the following additional powers and duties, without limitation: (a) Implementing the Colorado coordinated regional mutual aid system. The CCRMAS establishes geographic areas within the state to be known as DFPC districts. Each DFPC district must be operated by a regional mutual aid coordinator, who shall ensure that a competent mutual aid plan for fire, EMS, and emergency responders exists in each DFPC district and who shall serve as the point of contact within the DFPC district and coordinate mutual aid requests. The duties of each regional mutual aid coordinator shall include without limitation: (I) Gathering and providing information for a statewide common operating picture;(II) Coordinating, assisting, and bridging gaps with the interagency dispatch system;(III) Coordinating with the office of emergency management created in section 24-33.5-705(1) to ensure efficient and effective implementation and integration of the mobilization plan required by section 24-33.5-705.4(3)(a) and other state and local emergency operations plans, as appropriate.(IV) Facilitating transition from initial attack and mutual aid response to extended attack and large scale resource mobilization;(V) Developing mutual aid plans where none exist;(VI) Ensuring an accurate inventory of resources in the region and ensuring the inventory is included in the mobilization system described in section 24-33.5-705.4;(VII) Ensuring the participation of all agencies;(VIII) Exercising existing and newly developed mutual aid plans; and(IX) Activating mutual aid plans within a region in response to requests;(b) Establishing, staffing, and maintaining a state coordination center, which center is responsible for the overall coordination of the RSMAS and CCRMAS, including the oversight and coordination with the DFPC districts and the regional mutual aid coordinators;(c) Establishing the mechanisms by which an emergency responder can activate the RSMAS and CCRMAS; and(d) Promulgating rules for the appropriate implementation, operation, and maintenance of the RSMAS and CCRMAS.(4)(a) Unless an emergency responder has opted out of the RSMAS and CCRMAS in accordance with subsection (4)(c) of this section, all emergency responders are part of the RSMAS and CCRMAS. An emergency responder is relieved from any duty to make its equipment and personnel available if the emergency responder determines that such equipment and personnel: (I) Are needed within the emergency responder's service area;(II) Are not available because of their prior use at another location; or(III) Are not available because of equipment mechanical break down, insufficient personnel, or otherwise.(b) An emergency responder shall determine whether any personnel and equipment must be provided and, if so, the specific personnel and equipment that will be provided.(c) An emergency responder, including an emergency responder that the director of the division has previously accepted into the RSMAS and CCRMAS, may opt out of the RSMAS and CCRMAS by submitting to the director of the division written notice of the emergency responder's intent to opt out of the RSMAS and CCRMAS. An emergency responder that opts out of the RSMAS and CCRMAS is only eligible for reimbursement to the extent authorized in the rules promulgated by the director of the division.(d) Nothing in this section affects any other mutual aid agreement that may be entered into by one or more emergency responders.(e) An emergency responder's provision of personnel under the RSMAS and CCRMAS does not constitute a temporary assignment and section 29-5-105 and sections 29-5-107 to 29-5-110 do not apply to an emergency responder's provision of personnel under the RSMAS and CCRMAS.(f) Notwithstanding any rule or regulation adopted by the Colorado department of health and environment or any federal or state statute, an emergency responder that is duly licensed to operate an ambulance in a county within the state and is providing such ambulance services pursuant to the RSMAS and CCRMAS is not required to be licensed in any county in which it responds.(5) The division may seek and accept gifts, grants, reimbursements, or donations from any public or private source for the purpose of this section.Added by 2021 Ch. 287,§4, eff. 6/22/2021.