“Controlled burns” defined in HB22-1132 – Akron News-Reporter

The recent passage of House Bill 22-1132, also known as Darcy’s Last Call Act, raises many questions: “What constitutes a ‘controlled burn’?”

According to the Colorado General Assembly website, a “controlled burn” is a burn used as a technique in agriculture or animal production or for other purposes to clear the land of existing native vegetation or residues of harvesting or to kill weeds and weed seeds; a controlled ditch burn as set forth, except that a “controlled burn” does not mean a burn involving an irrigation ditch; non-commercial burning of waste; and open burning of slash heaps. “Controlled burning” does not mean burning done legally as part of agricultural operations.

“Fire Department” means the duly authorized fire protection organization of a city, county, or town and county, fire protection district, or metropolitan district or county improvement district that provides fire protection. “Fire department” also includes voluntary fire departments organized under article 24-33.5-1208.5.

Before a person conducts a controlled burn, the person must provide a controlled burn notice in accordance with local rules and regulations or, in the absence of local rules and regulations, to the local dispatch center, county sheriff and , if applicable, fire service providing services to the area where the private property is located. In the notice required by this paragraph, the person carrying out the controlled burn must provide the date, time and place where the controlled burn will be carried out, as well as the contact details of the person responsible for the controlled burn. The fire department may determine that fire department personnel must be ready at the time of the controlled burn in order for it to be carried out. Nothing in this section exempts a person from compliance with any other applicable local, state or federal law.

In Colorado Revised Statutes, 24-33.5-1231, add (4.5) as follows: 24-33.5-1231: Local Firefighters Safety and Disease Prevention Fund – Establishment – ​​Grants – Rules – Repeal. (4.5) On the effective date of this subsection (4.5), the State Treasurer shall transfer one hundred thousand dollars from the general fund to the fund. The Division will use this money to provide need-based grants to volunteer fire departments in accordance with subsection (2) of this section. This subsection (4.5)1 is repealed effective January 1, 2025.

Act subject to request – date of entry into force. This law takes effect at 12:01 a.m. the day after the expiry of the period of ninety days after the final adjournment of the general meeting; except that, if a referendum petition is filed pursuant to Section 1(3) of Article V of the State Constitution against this Act or any article, section or part of this Act within such time, then the law, article, section or part will only take effect if approved by the people at the general election to be held in November 2022 and, in this case, will take effect on the date of the official declaration of the vote about it by the governor.

To learn more about the bill, go to https://leg.colorado.gov/bills/hb22-1132.