J_ECLC_2020A 08/11/2020 09:32:59 AM Committee Summary PUBLICSTAFF SUMMARY OF MEETINGJOINT COMMITTEE COMMITTEE ON EXECUTIVE COMMITTEE OF THE LEGISLATIVE COUNCIL Date 08/11/2020 Attendance Fenberg X Garnett X Holbert X Neville X Garcia X Becker X Time 09:32:59 AM to 01:29:26 PM Place Old State Library This Meeting was called to order by Representative Becker This Report was prepared by Elizabeth Burger Hearing Items Action Taken hIntroductory Comments Committee Discussion Only hReview of the 2020 Emergency Related Executive Orders Memorandum Committee Discussion Only hDiscussion on 2020 Emergency Related Executive Orders and COVID-19 Disaster Response Committee Discussion Only X = Present, E = Excused, A = Absent, * = Present after roll call Introductory Comments - Committee Discussion Only 09:33:36 AM Speaker Becker called the meeting to order. All members of the Executive Committee of the Legislative Council were present. In addition, the following members of the Joint Budget Committee were present: Representatives McCluskie, Ransom, and Esgar, and Senators Zenzinger and Moreno. Senator Rankin was excused. Speaker Becker gave an overview of the meeting's purpose and agenda, noting that the meeting is required by House Bill 20-1426. Review of the 2020 Emergency Related Executive Orders Memorandum - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/508EA302E478...$File/Attachment D - memo_gov_emergency_powers.pdf?OpenElement Attachment D - memo_gov_emergency_powers.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/62E545A7B6CB...$File/Attachment A - Updated - Executive Order Presentation.pdf?OpenElement Attachment A - Updated - Executive Order Presentation.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/7709B53BF11F...$File/Attachment C - r20-487_summary_of_governors_covid_executive_orders_12.pdf?OpenElement Attachment C - r20-487_summary_of_governors_covid_executive_orders_12.pdf Attachment http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/F9B292782E81...$File/Attachment B - 2020 EO Table.pdf?OpenElement Attachment B - 2020 EO Table.pdf 09:34:29 AM Amanda King and Elizabeth Haskell, Legislative Council Staff, reviewed the 2020 emergency-related executive orders. A memorandum regarding the executive orders, a copy of the presentation, and a list of COVID-19 related executive orders by topic were distributed to the committee (Attachments A through C). Ms. King reviewed the executive orders issued since Governor Polis declared a disaster emergency on March 11, 2020, related to COVID-19 - in total the Governor has issued 155 executive orders. Ms. King responded to questions from the committee regarding whether any of the executive orders were being litigated. The committee further asked for information regarding whether new law could be enacted through executive order and how many executive orders essentially create new statute or conflict with existing statute. The committee further asked about the intent of the original disaster emergency statute. 09:47:52 AM Ms. Haskell continued by highlighting education, child-care, and health care-related executive orders. She responded to questions from the committee regarding whether the order waiving a doctor's note to obtain a medical marijuana card was still in effect. and funding for child care facilities. Ms. Haskell continued by discussing eviction and foreclosure-related orders. 09:53:40 AM Ms. King and Ms. Haskell responded to questions from the committee regarding eviction-related executive orders and the deadlines for tax-related suspensions. 09:57:14 AM Sharon Eubanks, Director of the Office of Legislative Legal Services, came to the table to respond to questions from the committee regarding the Governor's authority to issue executive orders. She distributed a legal memorandum regarding the Governor's constitutional and statutory emergency powers (Attachment D). She continued to respond to questions from the committee regarding executive emergency powers and the duration of disaster emergency declarations issued in the past. She discussed pending litigation on the Governor's Executive Order limiting restaurant capacity and the hours during which alcohol can be sold. Discussion on 2020 Emergency Related Executive Orders and COVID-19 Disaster Response - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2020A/commsumm.nsf/0/BDF377448278...$File/Attachment E - Governor's Office Presentation Pursuant to HB 20-1426.pdf?OpenElement Attachment E - Governor's Office Presentation Pursuant to HB 20-1426.pdf 10:12:56 AM Kachina Weaver, representing Governor Polis' office, came to the table to discuss the COVID-19 disaster response. 10:17:12 AM Kacey Wulff, Senior Advisor for COVID-19 Response, Resilience, and Recovery, gave an overview of the state's response to the COVID-19 pandemic. A copy of the presentation was distributed to the committee (Attachment E). She responded to questions from the committee regarding hospital capacity. She discussed the three phases of the state's response, including Stay at Home, Safer at Home, and Protect our Neighbors. She discussed the ability of local governments to seek variances to state restrictions if they meet specific virus control metrics. 10:29:51 AM Ms. Wulff continued the presentation by discussing the structure of the state's response teams. She also discussed the Colorado COVID-19 relief fund. 10:33:59 AM Ms. Wulff responded to questions from the committee regarding the magnitude of the response to the virus in Colorado, especially as compared to the H1N1 flu virus deaths in the country and in the state. The committee continued to ask questions about the closure of businesses in the state, the stay home order, and what constitutes essential business. 10:46:24 AM Jill Ryan, Executive Director of the Colorado Department of Public Health and Environment, discussed the state's public health response to COVID-19. She highlighted response strategies, including issuing public health orders, tracking epidemiological indicators, and coordinating testing. She responded to questions from the committee regarding COVID-19 outbreaks, testing capacity in Colorado, incidents of COVID-19 that are asymptomatic, how the virus manifests in patients, how the state works with local public health agencies, and testing practices statewide. 11:12:36 AM Ms. Ryan continued her presentation by discussing the local variance process, testing capacity in the state, and reported positive tests versus estimated total number of cases. She responded to questions from the committee regarding how the incidence rate is affected by tourism. 11:18:08 AM Ms. Wulff responded to questions from the committee regarding school reopening guidance. She responded to questions from the committee regarding masks for educators. 11:23:56 AM Ms. Wulff responded to questions from the committee regarding support for child care facilities. Ms. Ryan responded to committee questions regarding federal public health money for local public health agencies and the communication between the state and local public health agencies. 11:30:24 AM Stan Hilkey, Executive Director of the Department of Public Safety, discussed the state's public safety response to the COVID-19 pandemic. He reviewed the different efforts to address COVID-19, including public health rapid response, health care management, consequence management, and resource management. 11:37:41 AM Kevin Kline, Director, Division of Homeland Security and Emergency Management, discussed the emergency management response in the state. He discussed alternative care sites, noting they are not currently being used, but are available if cases increase. Committee discussion on this issue continued. The committee discussed federal funding for alternative care sites, and the potential impact of the President's recent executive orders on federal emergency funding. Mr. Kline further responded to questions from the committee regarding the use of the National Guard for testing support. 11:57:59 AM Mr. Kline discussed how COVID-19 has affected evacuation and emergency planning for the wildfire season. He discussed personal protection equipment coordination. 12:00:31 PM Ms. Wulff discussed the Governor's executive orders issued related to COVID-19 and responded to questions from the committee regarding the orders, how schools will address COVID-19 and the flu occurring at the same time in winter, and how incidents of sickness will be handled in schools. Committee discussion on this issue continued. 12:12:10 PM Lauren Larson, Director, Governor's Office State Planning and Budgeting, discussed the state's financial response to COVID-19. She discussed how federal funds were distributed through state agencies, and noted that $1.2 billion was appropriated through the FY 2020-21 Long Appropriation bill. She discussed expenditures related to alternative care sites, and highlighted the need for additional federal funding for disaster response. She discussed unemployment insurance and the solvency of the unemployment insurance fund. 12:26:29 PM Ms. Larson continued by discussing the ongoing need for federal action on enhanced unemployment benefits, and how that affects housing security, layoffs, and business closures in Colorado. She gave an initial general fund revenue update. Ms. Larson responded to questions from the committee regarding mortgage assistance. 12:32:51 PM Ms. Larson responded to questions from the committee regarding federal funding that flows directly to providers and local entities. 12:39:14 PM The committee recessed. The afternoon portion of the Executive Committee meeting is reflected in a seperate summary, but the audio recording for this date contains the audio for both meetings. 01:29:26 PM The committee adjourned.