14.1.5.120 Declaration of Public Health Emergencies

The Governor may declare a public health emergency. Prior to such declaration, the Governor may consult with Tribal, federal, state, and local public health agencies and any other public health or other experts as needed.

(a) Emergency Powers. During a public health emergency, the Governor may:

(1) Suspend the provisions of any Pueblo policies and procedures for conducting business, or the orders, rules and regulations of any Pueblo agency, where strict compliance with the same would prevent, hinder, or delay necessary action (including emergency purchases) to respond to the public health emergency by the Public Health Officer or would increase the health threat to the population;

(2) Utilize all available resources of the Pueblo and its political subdivisions, as reasonably necessary, to prepare for and respond to the public health emergency;

(3) Transfer the direction, personnel, or functions of the departments and agencies to perform or facilitate responses and recovery programs regarding the public health emergency;

(4) Provide aid to and seek aid from Tribal, federal, state, local government partners, nonprofit organizations, charitable foundations, or private individuals; and,

(5) Seek aid from the federal government in accordance with federal programs or requirements.

(b) Emergency Measures Concerning Facilities and Materials. During a public health emergency, the Governor is authorized to:

(1) Close, direct, and compel the evacuation and/or decontamination of any facility or space where reasonable cause exists to believe that it may endanger the public's health.

(2) Procure by legal condemnation or otherwise construct, lease, transport, store, maintain, renovate, or distribute materials and facilities as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof. Such materials and facilities include communication devices, equipment, carriers, contract services, real estate, fuels, food, water, cleaning, hygiene and sheltering supplies, clothing, and other necessary items to respond to the public health emergency; provided, that the Pueblo shall provide just compensation for the taking of any private property.

(3) Require a health care facility to plan for and provide services or the use of its facility if such services or use are reasonable and necessary to respond to the public health emergency as a condition of the ability to continue operating as a health care facility.

(4) Decontaminate or cause to be decontaminated, or safely destroy, any material of where the Governor has reasonable cause to believe that it may endanger the public's health.

(5) Inspect, control, restrict, repurpose, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of food, fuel, clothing, and other commodities, as may be reasonable and necessary to respond to the public health emergency.

(c) Control of Roads, Public Areas, and Persons on the Pueblo. During a public health emergency, the Governor is authorized to:

(1) Prescribe routes, modes of transportation, and destinations in connection with the evacuation of individuals or the provision of emergency services.

(2) Control or limit ingress and egress to and from any stricken or threatened public area, the movement of individuals within the area, and the occupancy of premises therein, if such action is reasonable and necessary to respond to the public health emergency.

(3) Safely exclude any person from the Pueblo who has, or has been exposed to, a communicable disease or condition as defined under this Act.

(d) Safe Disposal of Infectious Waste or Contaminated Material. During a public health emergency, the Governor is authorized, in cooperation with any other public agencies or governments, to:

(1) Adopt and enforce measures to provide for the safe disposal of infectious waste or contaminated material as may be reasonable and necessary to respond to the public health emergency. Such measures may include the collection, storage, handling, destruction, treatment, transportation, and disposal of infectious waste or contaminated material.

(2) Require any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste or contaminated material under the laws of the Pueblo, and any landfill business, transfer station, or other such property, to accept infectious waste or contaminated material, or provide services or the use of the business, facility, or property if such action is reasonable and necessary to respond to the public health emergency as a condition of licensure, authorization, or the ability to continue doing business on the Pueblo as such a business or facility. The use of the business, facility, or property may include transferring the management and supervision of such business, facility, or property to the Pueblo for a limited period of time.

(3) Procure, by condemnation or otherwise, any business or facility authorized to collect, store, handle, destroy, treat, transport, and dispose of infectious waste or contaminated material under the laws of the Pueblo and any landfill business or other such property as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof; provided, that the Pueblo shall provide just compensation for the taking of any private property.

(4) Require all bags, boxes, or other containers for infectious waste or contaminated material to be clearly identified as containing infectious waste or contaminated material, and, if known, the type of infectious waste or contaminated material.

(e) Control Healthcare Supplies.

(1) Procurement. During a public health emergency, the Pueblo may purchase, repurpose, accept donations, and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other pharmaceutical agents, medical supplies, or personal protective equipment (PPE) and supplies to prepare for or control a public health emergency.

(2) Rationing. Where a public health emergency results in a shortage or threatened shortage of any product under subsection €(1) of this section, whether or not such product has been purchased by the Pueblo, the Pueblo may control, restrict, and regulate by rationing and using quotas, prohibitions on shipments, allocation, or other means, the use, sale, dispensing, distribution, or transportation of the relevant product. In making rationing or other supply and distribution decisions, the Pueblo may give preference to health care providers, public health workers, essential workers, elders, other vulnerable populations, and the household members of these persons.

(3) Distribution. During a public health emergency, the Pueblo may store or distribute any anti-toxins, serums, vaccines, immunizing agents, antibiotics, antidotes, and other medications or pharmaceutical agents, personal protective equipment, or medical supplies located within the Pueblo as may be reasonable and necessary to respond to the public health emergency, with the right to take immediate possession thereof.

(f) Civil Proceedings. To the extent practicable and consistent with the protection of public

health, prior to the destruction of any property under this Act, the Pueblo shall institute appropriate civil proceedings concerning the property to be destroyed in accordance with the existing laws and regulation of the Pueblo. Any property acquired by the Pueblo through such proceedings shall, after entry of the decree, be disposed of by destruction as the Court may direct in accordance with the laws of the Pueblo and the authority of the Courts.