HB22-1007 Assistance Landowner Wildfire Mitigation 
Calendar Notification: NOT ON CALENDAR
Summary:

The act establishes the wildfire mitigation resources and best practices grant program (grant program) within the Colorado state forest service (forest service). To be eligible to receive a grant, a recipient must be an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization.

The forest service is tasked with reviewing grant applications. Grants must be awarded only to applicants proposing to conduct outreach among landowners in high wildfire hazard areas, and the forest service must consider the potential impact of an applicant's proposed outreach when awarding grants. The forest service must report to the wildfire matters review committee on the grant program.

Commencing no later than the 2023-24 state fiscal year, the act requires the general assembly to annually appropriate money from the general fund to the healthy forests and vibrant communities fund to implement the grant program.

The act extends the existing income tax deduction created to offset the landowner's costs incurred in performing wildfire mitigation measures, currently set to expire with the 2024 income tax year, through the 2025 income tax year.

The act also creates a state income tax credit to reimburse a landowner for the costs incurred in performing wildfire mitigation measures on the landowner's property. Specifically, a landowner with a federal taxable income at or below $120,000, annually adjusted for inflation and rounded to the nearest hundred dollars, for any income tax year commencing on or after January 1, 2023, but prior to January 1, 2026, is allowed a state income tax credit in an amount equal to 25% of up to $2,500 in costs for wildfire mitigation measures.


(Note: This summary applies to this bill as enacted.)

Status: 6/3/2022 Governor Signed
Amendments:

House Journal, February 18
5 HB22-1007 be amended as follows, and as so amended, be referred to
6 the Committee on Finance with favorable
7 recommendation:
8
9 Amend printed bill, page 4, line 24, strike "JANUARY 1, 2023," and
10 substitute "JANUARY 1, 2026,".
11
12 Page 5, line 5, strike "JANUARY 1, 2025," and substitute "JANUARY 1,
13 2030.".
14
15

House Journal, March 8
1 HB22-1007 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 7, line 19, strike "DECEMBER 31, 2029." and
6 substitute "JANUARY 1, 2030.".
7
8

House Journal, April 21
13 HB22-1007 be amended as follows, and as so amended, be referred to
14 the Committee of the Whole with favorable
15 recommendation:
16
17 Amend printed bill, page 2, strike lines 2 through 5 and substitute:
18
19 "SECTION 1. In Colorado Revised Statutes, 24-31-313, amend
20 (10)(a)(I); and add (3)(b.5) and (9.7) as follows:
21 23-31-313. Healthy forests - vibrant communities - funds
22 created - repeal. (3) Definitions. As used in this section, unless the
23 context otherwise requires:
24 (b.5) "DIRECTOR" MEANS THE DIRECTOR OF THE FOREST SERVICE.
25 (9.7) Wildfire mitigation resources and best practices grant
26 program. (a) THERE IS".
27
28 Page 2, strike lines 12 through 16.
29
30 Page 3, strike line 1.
31
32 Page 3, line 2, strike "(3)" and substitute "(b)".
33
34 Page 3, line 11, strike "(4)" and substitute "(c)".
35
36 Page 3, line 17, strike "(5)" and substitute "(d)".
37
38 Page 3, line 23, strike "(6)" and substitute "(e)".
39
40 Page 4, line 2, strike "(7)" and substitute "(f)".
41
42 Page 4, strike lines 9 and 10 and substitute:
43
44 "(g) COMMENCING NO LATER THAN THE FISCAL YEAR THAT BEGINS
45 ON JULY 1, 2023, THE GENERAL ASSEMBLY SHALL ANNUALLY
46 APPROPRIATE MONEY FROM THE GENERAL FUND TO THE HEALTHY FORESTS
47 AND VIBRANT COMMUNITIES FUND, CREATED IN SUBSECTION (10)(a)(I) OF
48 THIS SECTION, TO IMPLEMENT".
49
50 Page 4, line 15, strike "(9)" and substitute "(h)", and strike "SECTION" and
51 substitute "SUBSECTION (9.7)".
52
53
1 Page 4, after line 15 insert:
2
3 "(10) Healthy forests and vibrant communities fund.
4 (a) (I) There is hereby created in the state treasury the healthy forests and
5 vibrant communities fund. The fund consists of all money that may be
6 appropriated OR TRANSFERRED thereto by the general assembly and all
7 private and public money received through gifts, grants, reimbursements,
8 or donations that are transmitted to the state treasurer and credited to the
9 fund. All interest earned from the investment of money in the fund is
10 credited to the fund. The money in the fund is hereby continuously
11 appropriated for the purposes specified in this subsection (10) SECTION
12 and remains available until expended. Any money not expended at the
13 end of the fiscal year shall remain in the fund and shall not be transferred
14 to or revert to the general fund.".
15
16

House Journal, April 21
6 Amendment No. 1, Appropriations Report, dated April 21, 2022, and
7 placed in member's bill file; Report also printed in House Journal,
8 April 21, 2022.
9
10 Amendment No. 2, Finance Report, dated March 7, 2022, and placed in
11 member’s bill file; Report also printed in House Journal, March 8, 2022.
12
13 Amendment No. 3, Energy & Environment Report, dated February 17,
14 2022, and placed in member’s bill file; Report also printed in House
15 Journal, February 18, 2022.
16
17 As amended, ordered engrossed and placed on the Calendar for Third
18 Reading and Final Passage.
19


Fiscal Notes:

Fiscal Note


HB22-1011 Wildfire Mitigation Incentives For Local Governments 
Calendar Notification: NOT ON CALENDAR
Summary:

The act establishes the wildfire mitigation incentives for local government grant program (grant program) in the Colorado state forest service (forest service). The grant program is established to provide state funding assistance in the form of grant awards to local governments to either match revenue raised by such governments from a dedicated revenue source or to expand existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level. Such wildfire mitigation efforts include, without limitation, projects that promote fuel breaks, forest thinning, a reduction in the amount or extent of fuels contributing to wildfires, outreach and education efforts directed at property owners and other members of the public, and any other means of forest management or wildfire mitigation as determined appropriate for funding by the forest service.

On or before March 1, 2023, the forest service is required to adopt polices, procedures, and guidelines for the grant program that include, without limitation:

  • Procedures and timelines by which an eligible recipient may apply for a grant;
  • Criteria for determining grant eligibility and grant amounts; and
  • Reporting requirements for grant recipients.

Any funding awarded under the grant program must match either revenues raised by the local government from a dedicated revenue source or supplement existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level in accordance with policies, procedures, and guidelines developed by the forest service.

A local government is eligible for funding under the grant program even in the absence of a dedicated revenue source if the local government has created and administers an existing program, project, or funding mechanism that creates long-term funding at the local level for wildfire mitigation or forest health or has created and administers other creative and innovative approaches for promoting wildfire mitigation and forest health.

In allocating funding under the grant program, preference must be given to certain eligible recipients based on prioritization factors enumerated in the act.

Eligible recipients may apply for funding from the grant program, and the recipient's application for funding may be approved by the forest service before the local government has created a dedicated revenue source that forms the basis for the match if the electors of the local government approve a ballot issue creating the revenue source at an election that takes place in the same calendar year in which the funding is awarded.

The act creates the wildfire mitigation incentives local government grant program fund (fund) in the state treasury. On July 1, 2022, the state treasurer is required to transfer $10 million from the general fund to the fund. The forest service is to use the money transferred to fund awards under the grant program and pay the administrative costs of the forest service in administering the grant program.

On or before November 1, 2024, and on or before November 1 of each year thereafter, the forest service is required to publish a report summarizing the use of all of the money that was awarded under the grant program in the preceding fiscal year. The act specifies additional required components of the report. The report must be posted on the website of the forest service. The act requires the Colorado department of higher education to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.

The act requires the forest service to prepare educational materials concerning the grant program and to display such materials on its official website. The forest service is also required to undertake outreach activities to inform local governments located in priority areas for wildfire mitigation of the grant program.

The grant program is repealed, effective September 1, 2027. Before its repeal, the department of regulatory agencies is required to review the grant program as part of the general assembly's review of regulatory agencies and functions for repeal, continuation, or reestablishment.


(Note: This summary applies to this bill as enacted.)

Status: 6/3/2022 Governor Signed
Amendments:

House Journal, February 18
17 HB22-1011 be amended as follows, and as so amended, be referred to
18 the Committee on Appropriations with favorable
19 recommendation:
20
21 Amend printed bill, page 3, after line 6 insert:
22
23 "(a) "DEDICATED REVENUE SOURCE" MEANS ONE OF THE
24 FOLLOWING REVENUE SOURCES, SINGULARLY OR IN COMBINATION,
25 ADOPTED BY A LOCAL GOVERNMENT THAT IS INTENDED TO BE USED FOR
26 FOREST MANAGEMENT OR WILDFIRE MITIGATION EFFORTS AT THE LOCAL
27 LEVEL:
28 (I) AN EXISTING OR NEW TAX IMPOSED BY THE LOCAL
29 GOVERNMENT;
30 (II) AN EXISTING OR NEW MILL LEVY APPROVED BY THE VOTERS OF
31 THE LOCAL GOVERNMENT; OR
32 (III) APPROVAL BY THE VOTERS OF THE LOCAL GOVERNMENT OF
33 THE RETENTION ON A PERMANENT BASIS OF EXCESS REVENUE OF THE
34 LOCAL GOVERNMENT IN ACCORDANCE WITH SECTION 20 (7) (d) OF ARTICLE
35 X OF THE STATE CONSTITUTION.".
36
37 Reletter succeeding paragraphs accordingly.
38
39 Page 3, strike lines 17 and 18 and substitute:
40
41 "(f) "LOCAL GOVERNMENT" MEANS A MUNICIPALITY, WHETHER
42 HOME RULE OR STATUTORY, COUNTY, CITY AND COUNTY, SPECIAL
43 DISTRICT, SCHOOL DISTRICT, DISTRICT, AUTHORITY, PUBLIC OR
44 QUASI-PUBLIC CORPORATION, OR ANY OTHER FORM OF POLITICAL
45 SUBDIVISION OF THE STATE ORGANIZED PURSUANT TO LAW.".
46
47 Page 3, line 23, before "MATCH" insert "EITHER".
48
49 Page 3, strike line 24 and substitute "REVENUE SOURCE OR TO EXPAND
50 EXISTING PROGRAMS ADMINISTERED BY THE LOCAL GOVERNMENT ON A
51 LONG-TERM BASIS, WHICH EFFORTS AT THE LOCAL LEVEL ARE INTENDED
52 TO BE USED FOR FOREST".
53
54 Page 4, line 23, before "MATCH" insert "EITHER".
55
1 Page 4, strike line 25 and substitute "REVENUE SOURCE OR TO
2 SUPPLEMENT LONG-TERM PROGRAMS ADMINISTERED BY THE LOCAL
3 GOVERNMENT, WHICH EFFORTS ARE INTENDED TO BE USED FOR FOREST".
4
5 Page 5, after line 1 insert:
6
7 "(c) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
8 A LOCAL GOVERNMENT IS ELIGIBLE FOR FUNDING UNDER THE GRANT
9 PROGRAM EVEN IN THE ABSENCE OF A DEDICATED REVENUE SOURCE IF THE
10 LOCAL GOVERNMENT HAS CREATED AND ADMINISTERS AN EXISTING
11 PROGRAM, PROJECT, OR FUNDING MECHANISM THAT CREATES LONG-TERM
12 FUNDING AT THE LOCAL LEVEL FOR WILDFIRE MITIGATION OR FOREST
13 HEALTH OR HAS CREATED AND ADMINISTERS OTHER CREATIVE AND
14 INNOVATIVE APPROACHES FOR PROMOTING WILDFIRE MITIGATION AND
15 FOREST HEALTH THAT ARE DEEMED SUFFICIENT BY THE FOREST SERVICE
16 IN ITS SOLE DISCRETION.".
17
18 Page 5, line 3, strike "FOLLOWING ELIGIBLE RECIPIENTS:" and substitute
19 "FOLLOWING:".
20
21 Page 5, after line 3 insert:
22
23 "(a) ELIGIBLE RECIPIENTS THAT MAKE AVAILABLE A DEDICATED
24 REVENUE SOURCE FOR WILDFIRE MITIGATION OR FOREST HEALTH;".
25
26 Reletter succeeding paragraphs accordingly.
27
28 Page 5, line 4, strike "RECIPIENTS" and substitute "ELIGIBLE RECIPIENTS".
29
30 Page 5, line 10, strike "RECIPIENTS" and substitute "ELIGIBLE
31 RECIPIENTS".
32
33 Page 5, line 15, strike "EFFORTS; AND" and substitute "EFFORTS;".
34
35 Page 5, line 17, strike "MITIGATION." and substitute "MITIGATION; AND".
36
37 Page 5, after line 17 insert:
38
39 "(g) ELIGIBLE RECIPIENTS THAT HAVE ATTEMPTED
40 UNSUCCESSFULLY TO CREATE A DEDICATED REVENUE SOURCE FOR
41 WILDFIRE MITIGATION OR FOREST HEALTH.".
42
43 Page 6, after line 7 insert:
44
45 "(d) NOTHING IN THIS SECTION PRECLUDES A LOCAL GOVERNMENT
46 FROM USING ALL OR ANY PORTION OF A GRANT AWARDED UNDER THIS
47 SECTION FROM WORKING WITH A COMMUNITY ORGANIZATION, A HOME
48 OWNERS ASSOCIATION, OR A SIMILAR ORGANIZATION OR ENTITY
49 OPERATING AT THE LOCAL LEVEL IN ADMINISTERING A PROJECT
50 SUPPORTED BY THE GRANT PROGRAM.".
51
52 Page 7, line 16, strike "PROGRAM" and substitute "PROGRAM, INCLUDING
53 EXAMPLES OF AND GUIDELINES FOR LONG-TERM INVESTMENTS IN WILDFIRE
54 MITIGATION OR FOREST HEALTH,".
55

House Journal, April 28
1 HB22-1011 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend printed bill, page 6, after line 25 insert:
6
7 "(d) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
8 TEN MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND. THE
9 FOREST SERVICE SHALL USE THE MONEY TRANSFERRED PURSUANT TO THIS
10 SUBSECTION (7)(d) IN ACCORDANCE WITH THE REQUIREMENTS OF
11 SUBSECTION (7)(b) OF THIS SECTION.".
12
13 Page 7, after line 20 insert:
14
15 "(10) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
16 BEFORE ITS REPEAL, THE DEPARTMENT OF REGULATORY AGENCIES SHALL
17 REVIEW THE GRANT PROGRAM PURSUANT TO SECTION 24-34-104.
18 SECTION 2. In Colorado Revised Statutes, 24-34-104, add
19 (26)(a)(XIV) as follows:
20 24-34-104. General assembly review of regulatory agencies
21 and functions for repeal, continuation, or reestablishment - legislative
22 declaration - repeal. (26) (a) The following agencies, functions, or both,
23 are scheduled for repeal on September 1, 2025:
24 (XIV) THE WILDFIRE MITIGATION INCENTIVES FOR LOCAL
25 GOVERNMENT GRANT PROGRAM CREATED IN SECTION 23-31-318 (2).".
26
27 Renumber succeeding section accordingly.
28
29

House Journal, April 28
31 Amendment No. 1, Appropriations Report, dated April 28, 2022, and
32 placed in member’s bill file; Report also printed in House Journal,
33 April 28, 2022.
34
35 Amendment No. 2, Energy & Environment Report, dated February 17,
36 2022, and placed in member’s bill file; Report also printed in House
37 Journal, February 18, 2022.
38
39 Amendment No. 3, by Representative Cutter:
40
41 Amend the Energy and Environment Committee Report, dated February
42 17, 2022, page 1, line 18, after "CITY AND COUNTY," insert "OR".
43
44 Page 1, strike lines 19 through 21 and substitute "DISTRICT.".
45
46 Page 2, strike lines 18 through 19 and substitute "FOREST HEALTH.".
47
48 As amended, ordered engrossed and placed on the Calendar for Third
49 Reading and Final Passage.
50
51

House Journal, April 29
40 HB22-1011 be amended as follows, and as so amended, be referred to
41 the Committee of the Whole with favorable
42 recommendation:
43
44 Amend engrossed bill, page 8, strike lines 10 through 14 and substitute:
45
46 "(d) ON JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER
47 TEN MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND. THE
48 FOREST SERVICE SHALL USE THE MONEY TRANSFERRED PURSUANT TO THIS
49 SUBSECTION (7)(d) IN ACCORDANCE WITH THE REQUIREMENTS OF
50 SUBSECTION (7)(b) OF THIS SECTION.".
51
52 Page 9, strike lines 11 through 21 and substitute:
53
54
1 "(10) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
2 BEFORE ITS REPEAL, THE DEPARTMENT OF REGULATORY AGENCIES SHALL
3 REVIEW THE GRANT PROGRAM PURSUANT TO SECTION 24-34-104.
4 SECTION 2. In Colorado Revised Statutes, 24-34-104, add
5 (26)(a)(XIV) as follows:
6 24-34-104. General assembly review of regulatory agencies
7 and functions for repeal, continuation, or reestablishment - legislative
8 declaration - repeal. (26) (a) The following agencies, functions, or both,
9 are scheduled for repeal on September 1, 2025:
10 (XIV) THE WILDFIRE MITIGATION INCENTIVES FOR LOCAL
11 GOVERNMENT GRANT PROGRAM CREATED IN SECTION 23-31-318 (2).
12 SECTION 3. Appropriation. For the 2022-23 state fiscal year,
13 $20,000,000 is appropriated to the wildfire mitigation incentives for local
14 government grant program fund created in section 23-31-318 (7)(a),
15 C.R.S. This appropriation is from the general fund. The department of
16 higher education is responsible for the accounting related to this
17 appropriation.".
18
19 Renumber succeeding section accordingly.
20
21 Page 1, line 103, strike "PURPOSES." and substitute "PURPOSES, AND, IN
22 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
23
24

House Journal, April 29
50 Amendment No. 1, Appropriations Report, dated April 29, 2022, and
51 placed in member's bill file; Report also printed in House Journal,
52 April 29, 2022.
53
54 Amendment No. 2, by Representative Snyder.
55
1 Amend the Corrected Appropriations Committee Report, dated April 29,
2 2022, page 1, line 18, strike "(2)" and substitute "(2).".
3
4 Page 1 of the Committee report, strike lines 19 through 24.
5
6 Page 2 of the Committee Report, strike lines 1 through 3.
7
8 As amended, ordered engrossed and placed on the Calendar for Third
9 Reading and Final Passage.
10

Senate Journal, May 9
HB22-1011 by Representative(s) Cutter and Snyder; also Senator(s) Story and Lee, Ginal--Concerning
the establishment of a state grant program that provides funding to local governments that
dedicate resources for wildfire mitigation purposes.

A majority of the those elected to the Senate having voted in the affirmative, Senator Story
was given permission to offer a Third Reading amendment.


Amend revised bill, page 9, strike lines 22 through 27 and substitute:

"SECTION 3. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".

Page 10, strike lines 1 through 3.

The amendment was passed on the following roll call vote:

YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken
with the following result:


YES 30 NO 5 EXCUSED 0 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson Y
Buckner Y Gonzales Y Liston Y Smallwood N
Coleman Y Hansen Y Lundeen N Sonnenberg N
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert N Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer N Rodriguez Y President Y
Gardner Y Kolker Y Scott Y


Fiscal Notes:

Fiscal Note


HB22-1012 Wildfire Mitigation And Recovery 
Calendar Notification: NOT ON CALENDAR
Summary:

The act requires the state forest service, on and after September 1, 2022, to develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for:

  • Ecosystems by county and forest cover type; and
  • Wood products.

The state forest service must also develop a forest carbon co-benefit framework for project-level forest management practices, including wildfire mitigation. The state forest service must use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service must provide technical expertise to assist industry and landowners with carbon inventories and monitoring.

The act also allows money from the existing healthy forests and vibrant communities fund to be used for new purposes, including the new statewide carbon accounting framework.

For the 2022-23 state fiscal year, the act:

  • Transfers $3,000,000 and appropriates $95,407 from the general fund to the healthy forests and vibrant communities fund;
  • Transfers $2,200,000 from the general fund to the forest restoration and wildfire risk mitigation grant program cash fund; and
  • Transfers $2,00,000 from the general fund to the wildfire mitigation capacity development fund.
    (Note: This summary applies to this bill as enacted.)

Status: 6/3/2022 Governor Signed
Amendments:

House Journal, February 18
1 HB22-1012 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend printed bill, page 2, strike lines 2 through 18 and substitute:
6
7 "SECTION 1. In Colorado Revised Statutes, 23-31-310, amend
8 (1.5)(c) and (4)(b)(III); and add (4)(b)(V), (4)(b)(VI), and (8.3)(a)(III)(C)
9 as follows:
10 23-31-310. Forest restoration and wildfire risk mitigation
11 grant program - technical advisory panel - legislative declaration -
12 definitions - repeal. (1.5) Legislative declaration. The general
13 assembly hereby:
14 (c) Declares that it intends to provide aid and guidance for
15 catastrophic wildfire risk mitigation and forest health improvements by
16 authorizing a competitive grant program to:
17 (I) Assist with funding community-level actions across the entire
18 state that are implemented to protect populations and property in the
19 wildland-urban interface; and to
20 (II) Promote forest health and the utilization of woody material,
21 including traditional forest products and biomass energy;
22 (III) HELP COMMUNITIES WITH FORESTED AREAS PREVENT AND
23 RECOVER FROM WILDFIRE INCIDENTS BY REMOVING DEAD TREES AND
24 OTHER POTENTIAL FUEL AS WELL AS DEBRIS THAT HAS RESULTED FROM AN
25 INCIDENT OF WILDFIRE OR INSECT INFESTATION; AND
26 (IV) ENSURE THAT EFFORTS DESCRIBED IN SUBSECTION
27 (1.5)(c)(III) OF THIS SECTION ARE UNDERTAKEN IN A MANNER THAT
28 MINIMIZES THE AMOUNT OF CARBON THAT ENTERS THE ATMOSPHERE.
29 (4) Eligibility requirements. To be eligible to receive funding
30 under this section, a project must:
31 (b) Address one or more of the following objectives for the
32 purpose of protecting water supplies:
33 (III) Replanting NATIVE trees in deforested areas if such areas
34 exist in the proposed project area; and
35 (V) REDUCING POST-FIRE SOIL EROSION THROUGH THE USE OF
36 AERIAL MULCHING, SEEDING WITH NATIVE SEED MIXES, AND RELATED
37 ACTIONS; OR
38 (VI) PROMOTING THE RECOVERY OF FORESTED LANDS FROM
39 WILDFIRE INCIDENTS BY REMOVING DEAD TREES IN AREAS WITH SAFETY
40 CONCERNS ARISING FROM THE AREAS' PROXIMITY TO COMMUNITIES,
41 ROADS, TRAILS, OR STRUCTURES.
42 (8.3) Grant program. (a) The forest service shall develop and
43 administer the program in consultation with the technical advisory panel
44 created in subsection (5) of this section. In developing the program, the
45 forest service shall:
46 (III) Require a grant applicant to demonstrate that:
47 (C) FOR A PROPOSED PROJECT TO REMOVE DEAD TREES NEAR
48 COMMUNITIES, ROADS, TRAILS, OR STRUCTURES PURSUANT TO SUBSECTION
49 (4)(b)(VI) OF THIS SECTION, AREAS OF SALVAGE AND EXCLUSIONS FROM
50 SALVAGE ARE IDENTIFIED BASED ON ECOLOGICAL DATA, TAKING INTO
51 ACCOUNT SITE-SPECIFIC FEATURES, AND GUIDELINES FOR THE
52 PRESERVATION OF KEY BIODIVERSITY ATTRIBUTES ARE CREATED THAT
53 ENSURE ADEQUATE RIPARIAN BUFFERS AND MITIGATE SOIL AND FOREST
54 RECOVERY DISTURBANCES FROM THE TREE REMOVAL PROCESS.".
55
1 Strike pages 3 through 5.
2
3 Page 6, strike lines 1 through 9.
4
5 Renumber succeeding section accordingly.
6
7 Page 1, strike lines 101 through 103 and substitute "CONCERNING
8 HEALTHY FORESTS.".
9
10

House Journal, April 22
11 HB22-1012 be amended as follows, and as so amended, be referred to
12 the Committee of the Whole with favorable
13 recommendation:
14
15 Strike the Energy and Environment Committee Report, dated February
16 17, 2022, and substitute:
17
18 "Amend printed bill, strike everything below the enacting clause and
19 substitute:
20 "SECTION 1. In Colorado Revised Statutes, 23-31-313, amend
21 (10)(a)(I); and add (9.5) as follows:
22 23-31-313. Healthy forests - vibrant communities - funds
23 created - repeal. (9.5) Carbon accounting framework. (a) ON AND
24 AFTER SEPTEMBER 1, 2022, THE STATE FOREST SERVICE SHALL DEVELOP
25 A PUBLICLY ACCESSIBLE STATEWIDE CARBON ACCOUNTING FRAMEWORK
26 THAT YIELDS CARBON STOCK AND FLUX ESTIMATES FOR:
27 (I) ECOSYSTEMS BY COUNTY AND FOREST COVER TYPE; AND
28 (II) WOOD PRODUCTS.
29 (b) THE STATE FOREST SERVICE SHALL ALSO DEVELOP A FOREST
30 CARBON CO-BENEFIT FRAMEWORK FOR PROJECT-LEVEL FOREST
31 MANAGEMENT PRACTICES, INCLUDING WILDFIRE MITIGATION. THE STATE
32 FOREST SERVICE SHALL USE THIS FRAMEWORK TO TRAIN PRACTITIONERS
33 IN ADAPTIVE MANAGEMENT PRACTICES TO BE INCORPORATED INTO
34 CURRENT FOREST MANAGEMENT PRACTICES, INCLUDING WILDFIRE
35 MITIGATION. THE STATE FOREST SERVICE SHALL PROVIDE TECHNICAL
36 EXPERTISE TO ASSIST INDUSTRY AND LANDOWNERS WITH CARBON
37 INVENTORIES AND MONITORING.
38 (c) AS USED IN THIS SUBSECTION (9.5), UNLESS THE CONTEXT
39 OTHERWISE REQUIRES:
40 (I) "CARBON ACCOUNTING FRAMEWORK" MEANS A MODEL THAT
41 USES DATA FROM THE FOREST INVENTORY AND ANALYSIS PROGRAM OF
42 THE UNITED STATES DEPARTMENT OF AGRICULTURE'S FOREST SERVICE TO
43 DEVELOP TABULAR DATA OF CARBON FLUX AND STOCK ESTIMATES FOR
44 ALL FOREST TYPES AND WOOD PRODUCTS IN THE STATE OF COLORADO.
45 (II) "FOREST CARBON CO-BENEFIT FRAMEWORK" MEANS A
46 FRAMEWORK THAT LINKS GOALS, STRATEGIES, AND APPROACHES IN THE
47 2020 COLORADO FOREST ACTION PLAN TO FOREST MANAGEMENT AND
48 WILDFIRE RISK MITIGATION PRACTICES THAT SERVE TO IMPROVE CARBON
49 SEQUESTRATION.
50 (10) Healthy forests and vibrant communities fund.
51 (a) (I) There is hereby created in the state treasury the healthy forests and
52 vibrant communities fund. The fund consists of all money that may be
53 appropriated thereto by the general assembly and all private and public
54 money received through gifts, grants, reimbursements, or donations that
55 are transmitted to the state treasurer and credited to the fund. All interest
1 earned from the investment of money in the fund is credited to the fund.
2 The money in the fund is hereby continuously appropriated for the
3 purposes specified in this subsection (10) SECTION and remains available
4 until expended. Any money not expended at the end of the fiscal year
5 shall remain in the fund and shall not be transferred to or revert to the
6 general fund.
7 SECTION 2. Appropriation. For the 2022-23 state fiscal year,
8 $95,407 is appropriated to the healthy forests and vibrant communities
9 fund created in section 23-1-313 (10)(a)(I), C.R.S. This appropriation is
10 from the general fund. The department of higher education is responsible
11 for the accounting related to this appropriation.
12 SECTION 3. Act subject to petition - effective date. This act
13 takes effect at 12:01 a.m. on the day following the expiration of the
14 ninety-day period after final adjournment of the general assembly; except
15 that, if a referendum petition is filed pursuant to section 1 (3) of article V
16 of the state constitution against this act or an item, section, or part of this
17 act within such period, then the act, item, section, or part will not take
18 effect unless approved by the people at the general election to be held in
19 November 2022 and, in such case, will take effect on the date of the
20 official declaration of the vote thereon by the governor.".".
21
22 Page 1, strike lines 101 through 103 and substitute "CONCERNING
23 HEALTHY FORESTS, AND, IN CONNECTION THEREWITH, MAKING AN
24 APPROPRIATION.".
25
26

House Journal, April 22
35 Amendment recommended by Appropriations Report, dated April 22,
36 2022, and placed in member’s bill file; Report also printed in House
37 Journal, April 22, 2022.
38
39 Amendment recommended by Energy & Environment Report, dated
40 February 17, 2022, and placed in member’s bill file; Report also printed
41 in House Journal, February 18, 2022.
42
43 Laid Over until Monday, April 25, 2022.

House Journal, April 26
8 Amendment No. 1, Appropriations Report, dated April 22, 2022, and
9 placed in member’s bill file; Report also printed in House Journal,
10 April 22, 2022.
11
12 Amendment No. 2, Energy & Environment Report, dated February 17,
13 2022, and placed in member’s bill file; Report also printed in House
14 Journal, February 18, 2022.
15
16 On motion of Representative Hanks, the bill was read at length.
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20


Fiscal Notes:

Fiscal Note


HB22-1092 Loans From Irrigation Districts To Landowners 
Calendar Notification: NOT ON CALENDAR
Summary:

Sections 1 and 4 of the act allow a board of directors of an irrigation district (board) to borrow money, which the irrigation district may use to make loans to landowners to be used to make improvements to private water delivery systems or for other types of projects that improve:

  • Water conservation or efficiencies on landowner property; or
  • Landowner delivery or drainage systems.

An obligation or contract to borrow such money is exempt from the existing requirement that a contract purporting to bind the district to pay a certain sum must be ratified by a certain number of district voters. Additionally, the district cannot assess landowners to raise money to fund the loans.

In case of default in the payment of any loan installment, the county treasurer may assess upon the eligible real property a tax lien for the payment of the whole of the unpaid installment but is prohibited from assessing a tax lien for the entire value of the landowner's portion of the irrigation loan issued by the water district.

Sections 2 and 5 require each irrigation district to include in its annual appropriation resolution:

  • The amount needed to meet loan obligations;
  • All amounts payable by landowners to the irrigation district in accordance with loans issued to the landowners; and
  • The amount payable by each tract within the irrigation district for which a landowner has received a loan.

Sections 3 and 6 state that the county treasurer will receive $5 per tract assessed for loans issued to landowners by an irrigation district, and this $5 will be assessed against each participating tract.


(Note: This summary applies to this bill as enacted.)

Status: 4/12/2022 Governor Signed
Amendments:

House Journal, February 25
29 HB22-1092 be amended as follows, and as so amended, be referred to
30 the Committee of the Whole with favorable
31 recommendation:
32
33 Amend printed bill, page 3, after line 7, insert:
34
35 "(d) IN CASE OF DEFAULT IN THE PAYMENT OF ANY INSTALLMENT
36 OF PRINCIPAL OR INTEREST WHEN DUE, THE COUNTY TREASURER MAY
37 ASSESS UPON THE ELIGIBLE REAL PROPERTY A TAX LIEN FOR THE PAYMENT
38 OF THE WHOLE OF THE UNPAID INSTALLMENT OF PRINCIPAL AND INTEREST;
39 EXCEPT THAT, THE COUNTY TREASURER SHALL NOT ASSESS A TAX LIEN FOR
40 THE ENTIRE VALUE OF THE LANDOWNER'S PORTION OF THE IRRIGATION
41 LOAN ISSUED BY THE WATER DISTRICT.".
42
43 Reletter succeeding paragraph accordingly.
44
45 Page 3, strike lines 20 through 27.
46
47 Page 4, strike lines 1 and 2.
48
49 Page 4, after line 2 insert:
50
51 "SECTION 3. In Colorado Revised Statutes, 37-42-128, amend
52 (7) as follows:
53
1 37-42-128. Collection of assessments. (7) THE COUNTY
2 TREASURER SHALL RECEIVE IN THE COUNTY TREASURER'S OFFICIAL
3 CAPACITY all such district assessments collected and paid to the county
4 treasurer, shall be received by said treasurer in his official capacity, and
5 he shall be THE COUNTY TREASURER IS responsible for the safekeeping,
6 disbursement, and payment thereof the same OF SUCH ASSESSMENTS as for
7 WELL AS other moneys MONEY collected by him as such THE COUNTY
8 treasurer. The county treasurer shall receive for the collection of such
9 assessments such amount as the board of directors may allow, as provided
10 in section 30-1-102; C.R.S. EXCEPT THAT THE TREASURER SHALL RECEIVE
11 FIVE DOLLARS PER TRACT ASSESSED PURSUANT TO SECTION 37-42-125 (3)
12 FOR LOANS ISSUED TO LANDOWNERS PURSUANT TO SECTION 37-42-113 (5),
13 AND THIS FIVE DOLLARS SHALL BE ASSESSED AGAINST EACH
14 PARTICIPATING TRACT. Any assessment collected and paid to the county
15 treasurer for districts that are defunct or have not been in operation for
16 five or more years shall be transferred by the county treasurer to the
17 county general fund.".
18
19 Renumber succeeding section accordingly.
20
21

House Journal, March 2
45 Amendment No. 1, Agriculture, Livestock, & Water Report, dated
46 February 24, 2022, and placed in member’s bill file; Report also printed
47 in House Journal, February 25, 2022.
48
49 As amended, ordered engrossed and placed on the Calendar for Third
50 Reading and Final Passage.
51
52

Senate Journal, March 18
After consideration on the merits, the Committee recommends that HB22-1092 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation and with a recommendation that it be placed on the Consent
Calendar.

Amend reengrossed bill, page 4, after line 19 insert:

"SECTION 4. In Colorado Revised Statutes, 37-41-113, add (9) as
follows:
37-41-113. Board of directors - duties - contracts - rules. (9) (a) THE
BOARD OF DIRECTORS MAY ENTER INTO ANY OBLIGATION OR CONTRACT TO
BORROW MONEY, WHICH THE IRRIGATION DISTRICT MAY USE TO ISSUE LOANS TO
LANDOWNERS:
(I) TO MAKE IMPROVEMENTS TO PRIVATE WATER DELIVERY SYSTEMS;
OR
(II) FOR OTHER TYPES OF PROJECTS THAT IMPROVE:
(A) WATER CONSERVATION OR EFFICIENCIES ON LANDOWNER
PROPERTY; OR
(B) LANDOWNER DELIVERY OR DRAINAGE SYSTEMS.
(b) AN OBLIGATION OR CONTRACT TO BORROW MONEY DESCRIBED IN
SUBSECTION (9)(a) OF THIS SECTION IS NOT SUBJECT TO THE REQUIREMENTS OF
SUBSECTION (4) OF THIS SECTION.
(c) THE BOARD OF DIRECTORS SHALL NOT ASSESS DISTRICT LAND IN
ORDER TO RAISE MONEY TO ISSUE LOANS PURSUANT TO THIS SUBSECTION (9).
HOWEVER, THE BOARD OF DIRECTORS, IN ITS DISCRETION, MAY USE OTHER
SOURCES OF MONEY FOR THE PURPOSE OF ISSUING LOANS AS DESCRIBED IN THIS
SUBSECTION (9).
(d) IN CASE OF DEFAULT IN THE PAYMENT OF ANY INSTALLMENT OF
PRINCIPAL OR INTEREST WHEN DUE, THE COUNTY TREASURER MAY ASSESS UPON
THE ELIGIBLE REAL PROPERTY A TAX LIEN FOR THE PAYMENT OF THE WHOLE OF
THE UNPAID INSTALLMENT OF PRINCIPAL AND INTEREST; EXCEPT THAT THE
COUNTY TREASURER SHALL NOT ASSESS A TAX LIEN FOR THE ENTIRE VALUE OF
THE LANDOWNER'S PORTION OF THE IRRIGATION LOAN ISSUED BY THE WATER
DISTRICT.
(e) THE BOARD OF DIRECTORS MAY ADOPT RULES CONCERNING THE
ISSUANCE OF LOANS TO LANDOWNERS PURSUANT TO THIS SUBSECTION (9).
SECTION 5. In Colorado Revised Statutes, amend 37-41-120 as
follows:
37-41-120. Fiscal year - directors to fix levy. (1) The fiscal year of
each irrigation district in this state shall commence on January 1 in each year.
It is the duty of the board of directors on or before October 15 in each year to
determine the amount of money required to meet the maintenance, operating,
and current expenses for the ensuing fiscal year and to certify by resolution to
the board of county commissioners of the county in which the office of the
district is located said amount, together with any additional amount which may
be necessary to meet any deficiency in the payment of said expenses theretofore
incurred. The board of directors may fix the amount payable for any tract
containing one acre or less and, if so, similarly shall certify this amount to the
board of county commissioners. The board of directors shall also fix the amount
payable by each tract within any district with which the United States has made
a contract and shall certify the same to the board of county commissioners, and
the amount so fixed shall be in accordance with the federal reclamation laws
and the public notices, orders, and regulations issued thereunder and shall be in
compliance with any contracts made by the United States with any owners of
said lands and in compliance further with the contracts between the district and
the United States. The obligation of every irrigation district contracting with the
United States shall be deemed a district debt. Said resolution shall be termed the
annual appropriation resolution for the next fiscal year, and no expenditure to
be paid out of such fund shall exceed in any one year the amounts fixed for such
expenses in the annual appropriation resolution, except as provided in section
37-41-129.
(2) THE ANNUAL APPROPRIATION RESOLUTION DESCRIBED IN
SUBSECTION (1) OF THIS SECTION MUST INCLUDE THE AMOUNT OF MONEY
NEEDED TO MEET LOAN OBLIGATIONS AND ALL AMOUNTS PAYABLE BY
LANDOWNERS TO THE IRRIGATION DISTRICT IN ACCORDANCE WITH LOANS
ISSUED TO THE LANDOWNERS PURSUANT TO SECTION 37-41-113 (9) AND SHALL
INDICATE THE AMOUNT PAYABLE BY EACH TRACT WITHIN THE IRRIGATION
DISTRICT FOR WHICH A LANDOWNER HAS RECEIVED A LOAN.
SECTION 6. In Colorado Revised Statutes, 37-41-121, add (4) as
follows:
37-41-121. Assessor - assessment. (4) NOTWITHSTANDING ANY
PROVISION OF THIS ARTICLE 41 TO THE CONTRARY, IN ADDITION TO THE AMOUNT
DESCRIBED IN SECTION 30-1-102 (1)(p), THE COUNTY TREASURER SHALL
RECEIVE FIVE DOLLARS PER TRACT ASSESSED PURSUANT TO SECTION 37-41-120
FOR LOANS ISSUED TO LANDOWNERS PURSUANT TO SECTION 37-41-113 (9), AND
THIS FIVE DOLLARS SHALL BE ASSESSED AGAINST EACH PARTICIPATING TRACT.".

Renumber succeeding section accordingly.


Agriculture &
Natural
Resources


Fiscal Notes:

Fiscal Note


HB22-1097 Dissolution Of Special Districts 
Calendar Notification: NOT ON CALENDAR
Summary:

Under current law, municipalities and regional service authorities are authorized to file an application for dissolution of a special district with the board of directors of the special district. The act expands current law to authorize a board of county commissioners to file such an application if the special district is wholly located in the boundaries of the county and to file jointly with another board of county commissioners such an application if the special district is located in 2 or more counties. If more than 85% of the special district's territory is located within the boundaries of one or more municipalities, the board of directors of the special district shall not take any action on the application unless the governing bodies of all such municipalities have consented to or joined the application.

Current law also allows the governing body of a municipality and a special district wholly within the corporate limits of the municipality that has no financial obligations or outstanding debt to mutually consent to dissolution of the special district via a court order dissolving the special district without an election. The act expands current law to allow a board of county commissioners and a special district that is wholly within the county's boundaries to mutually consent to dissolution of the special district in the same manner via a court order dissolving the special district without an election; except that, if more than 85% of the special district lies within one or more municipalities, the governing bodies of all such municipalities also must consent to dissolution via court order without an election.


(Note: This summary applies to this bill as enacted.)

Status: 3/17/2022 Governor Signed
Amendments:

House Journal, February 9
21 HB22-1097 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend printed bill, page 2, line 12, strike "SECTION." and substitute
26 "SECTION; EXCEPT THAT, IF MORE THAN EIGHTY-FIVE PERCENT OF THE
27 TERRITORY ENCOMPASSED BY THE SPECIAL DISTRICT LIES WITHIN THE
28 CORPORATE LIMITS OF ONE OR MORE MUNICIPALITIES, THE SPECIAL
29 DISTRICT'S BOARD OF DIRECTORS SHALL NOT TAKE ANY ACTION ON THE
30 APPLICATION UNLESS THE GOVERNING BODIES OF ALL SUCH
31 MUNICIPALITIES HAVE CONSENTED TO OR JOINED THE APPLICATION.".
32
33 Page 3, line 3, strike "SECTION." and substitute "SECTION; EXCEPT THAT,
34 IF MORE THAN EIGHTY-FIVE PERCENT OF THE TERRITORY ENCOMPASSED BY
35 THE SPECIAL DISTRICT LIES WITHIN THE CORPORATE LIMITS OF ONE OR
36 MORE MUNICIPALITIES, THE SPECIAL DISTRICT'S BOARD OF DIRECTORS
37 SHALL NOT TAKE ANY ACTION ON THE APPLICATION UNLESS THE
38 GOVERNING BODIES OF ALL SUCH MUNICIPALITIES HAVE CONSENTED TO OR
39 JOINED THE APPLICATION.".
40
41 Page 4, strike lines 15 through 25 and substitute:
42
43 "32-1-704. Conditions necessary for dissolution - permissible
44 provisions - hearings - court powers. (3) (b) (I) Subject to the
45 provisions of paragraph (c) of this subsection (3) SUBSECTION (3)(c) OF
46 THIS SECTION, the court shall enter an order dissolving the special district
47 pursuant to section 32-1-707 without an election if the special district lies
48 wholly within the corporate limits of the municipality, if the special
49 district has no financial obligations or outstanding bonds, and if the
50 special district board and the governing body of the municipality consent
51 to the dissolution.
52
1 (II) SUBJECT TO THE PROVISIONS OF SUBSECTION (3)(c) OF THIS
2 SECTION, THE COURT SHALL ENTER AN ORDER DISSOLVING THE SPECIAL
3 DISTRICT PURSUANT TO SECTION 32-1-707 WITHOUT AN ELECTION IF THE
4 SPECIAL DISTRICT LIES WHOLLY WITHIN THE COUNTY, IF THE SPECIAL
5 DISTRICT HAS NO FINANCIAL OBLIGATIONS OR OUTSTANDING BONDS, AND
6 IF THE SPECIAL DISTRICT BOARD AND THE BOARD OF COUNTY
7 COMMISSIONERS CONSENT TO THE DISSOLUTION, AND, IF MORE THAN
8 EIGHTY-FIVE PERCENT OF THE TERRITORY ENCOMPASSED BY THE SPECIAL
9 DISTRICT LIES WITHIN THE CORPORATE LIMITS OF ONE OR MORE
10 MUNICIPALITIES, THE GOVERNING BODIES OF ALL SUCH MUNICIPALITIES
11 ALSO CONSENT TO THE DISSOLUTION.".

House Journal, February 11
10 Amendment No. 1, Transportation & Local Government Report, dated
11 February 8, 2022, and placed in member’s bill file; Report also printed in
12 House Journal, February 9, 2022.
13
14 As amended, ordered engrossed and placed on the Calendar for Third
15 Reading and Final Passage.


Fiscal Notes:

Fiscal Note


HB22-1151 Turf Replacement Program 
Calendar Notification: NOT ON CALENDAR
Summary:

The act requires the Colorado water conservation board (board) to develop a statewide program to provide financial incentives for the voluntary replacement of irrigated turf with water-wise landscaping (turf replacement program). The act defines water-wise landscaping as a water- and plant-management practice that emphasizes using plants with lower water needs. Local governments, certain districts, Native American tribes, and nonprofit organizations with their own turf replacement programs may apply to the board for money to help finance their turf replacement programs. The board will contract with one or more third parties to administer one or more turf replacement programs in areas where local turf replacement programs do not exist.

The state treasurer is required to transfer $2 million from the general fund to the turf replacement fund, which fund is created to finance the turf replacement program. The money is appropriated to the department of natural resources for use by the board to implement the turf replacement program, with $11,400 of the money reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department of natural resources.


(Note: This summary applies to this bill as enacted.)

Status: 6/8/2022 Governor Signed
Amendments:

House Journal, March 1
22 HB22-1151 be amended as follows, and as so amended, be referred to
23 the Committee on Appropriations with favorable
24 recommendation:
25
26 Amend printed bill, page 2, line 6, strike "definitions." and substitute
27 "definitions - repeal.".
28
29 Page 8, line 19, strike "AND".
30
31 Page 8, line 23, strike "PROGRAM." and substitute "PROGRAM; AND
32 (III) IS ENCOURAGED TO REQUIRE THAT ITS PROGRAM
33 PARTICIPANTS MAINTAIN OR CREATE DEFENSIBLE SPACE TO REDUCE
34 WILDFIRE RISK.".
35
36 Page 10, line 11, strike "AND".
37
38 Page 10, line 13, after "SPECIES;" insert "AND
39 (D) THERE IS AN EMPHASIS ON CREATING AND MAINTAINING
40 DEFENSIBLE SPACE TO REDUCE WILDFIRE RISK.".
41
42 Page 10, line 20, after "RESPONSIBILITIES" insert "AND THE
43 ACCOUNTABILITY".
44
45 Page 10, line 22, after "RESPONSIBILITIES" insert "AND ACCOUNTABILITY".
46
47 Page 11, line 3, strike "PROGRAM." and substitute "PROGRAM, INCLUDING
48 ADMINISTRATIVE COSTS.".
49
50 Page 12, strike lines 12 through 14 and substitute:
51
52 "(b) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
53 BOARD. THE BOARD MAY USE THE MONEY IN THE FUND FOR THE PURPOSES
54 SET FORTH IN THIS SECTION UNTIL THE MONEY IS EXPENDED.
55
1 (c) (I) ON THE EFFECTIVE DATE OF THIS SUBSECTION (6)(c), THE
2 STATE TREASURER SHALL TRANSFER FOUR MILLION DOLLARS FROM THE
3 GENERAL FUND TO THE TURF REPLACEMENT FUND.
4 (II) THIS SUBSECTION (6)(c) IS REPEALED, EFFECTIVE JULY 1,
5 2023.".
6
7 Page 12, after line 14, insert:
8
9 "(7) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ADD A
10 REQUIREMENT FOR A WATER CONSERVATION PLAN THAT A COVERED
11 ENTITY FILES PURSUANT TO SECTION 37-60-126 (2).".
12
13

House Journal, May 3
20 HB22-1151 be amended as follows, and as so amended, be referred to
21 the Committee of the Whole with favorable
22 recommendation:
23
24 Amend the Agriculture, Livestock, and Water Committee Report, dated
25 February 28, 2022, page 1, after line 2 insert:
26
27 "Page 7 of the bill, line 22, strike "OR".".
28
29 Page 1 of the report, before line 3 insert:
30
31 "Page 8 of the bill, after line 4 insert:
32
33 "(c) THROUGH WHICH MONEY APPROPRIATED OR TRANSFERRED TO
34 THE TURF REPLACEMENT FUND MAY BE PROVIDED TO AN ELIGIBLE ENTITY
35 THAT UTILIZES FEDERAL FUNDS TO SERVE AS A PORTION OF THE
36 NONFEDERAL MATCH MONEY THAT A FEDERAL GRANT OR LOAN PROGRAM
37 REQUIRES OF THE ELIGIBLE ENTITY.".".
38
39 Page 1 of the report, strike lines 18 and 19 and substitute:
40
41 ""(b) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL
42 ASSEMBLY, THE BOARD MAY USE THE MONEY IN THE FUND FOR THE
43 PURPOSES".
44
45 Page 2 of the report, line 3, strike "FOUR" and substitute "TWO".
46
47 Page 2 of the report, after line 10 insert:
48
49 "Page 12 of the bill, before line 15 insert:
50
51
1 "SECTION 2. Appropriation. (1) For the 2022-23 state fiscal
2 year, $2,000,000 is appropriated to the department of natural resources
3 for use by the Colorado water conservation board. This appropriation is
4 from the turf replacement fund created in section 37-60-134 (6)(a)(I),
5 C.R.S. To implement this act, the board may use this appropriation as
6 follows:
7 (a) $1,988,600 for the state turf replacement program, which
8 amount is based on an assumption that the board will require an
9 additional 0.8 FTE; and
10 (b) $11,400 for the purchase of information technology services.
11 (2) For the 2022-23 state fiscal year, $11,400 is appropriated to
12 the office of the governor for use by the office of information technology.
13 This appropriation is from reappropriated funds received from the
14 department of natural resources under subsection (1)(b) of this section. To
15 implement this act, the office may use this appropriation to provide
16 information technology services for the department of natural resources.".
17
18 Renumber succeeding section accordingly.
19
20 Page 1, line 104, strike "TURF." and substitute "TURF, AND, IN
21 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".
22
23

House Journal, May 3
53 Amendment No. 1, Appropriations Report, dated May 3, 2022, and
54 placed in member’s bill file; Report also printed in House Journal, May 3,
55 2022.
1 Amendment No. 2, Agriculture, Livestock, & Water Report, dated
2 February 28, 2022, and placed in member’s bill file; Report also printed
3 in House Journal, March 1, 2022.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7


Fiscal Notes:

Fiscal Note


SB22-007 Increase Wildfire Risk Mitigation Outreach Efforts 
Calendar Notification: NOT ON CALENDAR
Summary:

The act requires the Colorado state forest service (forest service) to convene a working group (working group) that includes the division of fire prevention and control in the department of public safety (DFPC) and the United States forest service (USFS), and that may include other local, state, or federal partners and entities engaged in wildfire risk mitigation in the wildland-urban interface (WUI).

The working group shall consider how best to conduct enhanced outreach campaigns during wildfire awareness month in 2023 and 2024, as well as other outreach efforts that inform and motivate residents in the WUI to engage in more wildfire risk mitigation. After considering feedback from the working group, the forest service shall implement an enhanced wildfire awareness month outreach campaign in conjunction with the DFPC and the USFS in 2023 and 2024, as well as other outreach efforts in the 2022-23 and 2023-24 state fiscal years.

In implementing an enhanced wildfire awareness month outreach campaign and other outreach efforts, the forest service may, subject to available appropriations:

  • Develop or contract for the development or placement of marketing and educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards;
  • Conduct or contract for educational events targeted to residents in the WUI;
  • Retain consultants, as necessary, to implement all or part of an outreach campaign, as well as other outreach efforts;
  • Make enhancements to the forest service's web-based clearinghouse for technical assistance and funding resources and coordinate with working group partners and other entities to provide links to web-based educational resources and information; and
  • Secure necessary staff to implement the outreach efforts.

The act requires the state forester to report to the wildfire matters review committee during the 2023 and 2024 legislative interims concerning the outreach efforts implemented pursuant to the act, including the amount and use of money appropriated for outreach efforts and the impact of those efforts in increasing awareness of wildfire risk mitigation in the WUI.

For the 2022-23 state fiscal year, the act appropriates $800,000 from the general fund to the healthy forest and vibrant communities fund for use by the Colorado state forest service in implementing the act. The act also authorizes the appropriation of money to the DFPC as necessary to implement the outreach plan.
(Note: This summary applies to this bill as enacted.)

Status: 6/3/2022 Governor Signed
Amendments:

Senate Journal, February 3
After consideration on the merits, the Committee recommends that SB22-007 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 6, line 23, after "(d)" insert "(I)".

Page 6, line 25, strike "(I)" and substitute "(A)".

Page 7, line 2, strike "(II)" and substitute "(B)".

Page 7, line 4, strike "(III)" and substitute "(C)".

Page 7, line 7, strike "(IV)" and substitute "(D)".

Page 7, line 14, strike "(V)" and substitute "(E)".

Page 7, after line 15 insert:

"(II) CONSISTENT WITH THE OUTREACH PLAN, THE GENERAL ASSEMBLY
MAY APPROPRIATE MONEY TO THE DIVISION OF FIRE PREVENTION AND CONTROL
IN THE DEPARTMENT OF PUBLIC SAFETY.".


Local
Government


Senate Journal, March 18
After consideration on the merits, the Committee recommends that SB22-007 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 8, after line 3 insert:

"SECTION 2. Appropriation. For the 2022-23 state fiscal year,
$600,473 is appropriated to the healthy forests and vibrant communities fund
created in section 23-31-313 (10), C.R.S. This appropriation is from the general
fund. The department of higher education is responsible for the accounting
related to this appropriation.".

Renumber succeeding section accordingly.

Page 1, line 102, strike "PRACTICES." and substitute "PRACTICES, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations


House Journal, May 5
14 SB22-007 be amended as follows, and as so amended, be referred to
15 the Committee of the Whole with favorable
16 recommendation:
17
18 Amend reengrossed bill, page 8, line 8, strike "$600,473" and substitute
19 "$800,000".
20
21

House Journal, May 6
45 Amendment No. 1, Appropriations Report, dated May 5, 2022, and
46 placed in member’s bill file; Report also printed in House Journal, May
47 5, 2022.
48
49 Representative Luck moved the bill be read at length.
50
51 As amended, ordered revised and placed on the Calendar for Third
52 Reading and Final Passage.
53
54


Fiscal Notes:

Fiscal Note


SB22-013 Boards And Commissions 
Calendar Notification: NOT ON CALENDAR
Summary:

The act makes changes related to the requirements for various boards and commissions (boards).

Section 1 of the act includes standard provisions that generally apply to boards for which membership is based in full or in part on representation from the congressional districts of the state. Specifically, unless a statute or constitutional provision creating a board provides otherwise:

  • If a member appointed to represent a district no longer resides in the district due solely to a change in the district's boundaries following redistricting, the member may serve the remainder of their term notwithstanding the nonresidency;
  • If a board increases in size due to the addition of a new congressional district in the state, the appointing authority shall appoint a new member to represent the new district as soon as practicable; and
  • If a board decreases in size due to the loss of a congressional district in the state, the appointing authority shall determine which current member's term should be terminated, or, if the member will be replaced by an at-large or other member, which member should be replaced at the expiration of the member's term. The appointing authority must attempt to ensure that the remaining membership adequately represents the remaining congressional districts.

Section 2 establishes standard provisions that apply to all boards unless the statute or constitutional provision creating a board provides otherwise. The standard provisions include:

  • Requiring an appointing authority to fill a vacancy for the remainder of the unexpired term;
  • Allowing the designee of a state official who is an ex officio member of a board to fulfill the official's duties on the board;
  • Defining the term "minimum majority" to mean the lowest number of members of a board that is more than half;
  • Allowing members to participate in meetings of the board remotely if allowed by a board's policies or bylaws; and
  • Clarifying that only a partial term that is more than half the length of a standard term counts towards any applicable term limit.

Sections 33 and 40 update the statutes that establish the membership of the state board of education and the board of regents of the university of Colorado, respectively, both of which are elected boards created in the state constitution. For the state board of education, section 33 provides for the election of one new member to represent the eighth congressional district and one new member from the state at large at the 2022 general election. For the board of regents, section 40 requires the election of a member to represent the eighth congressional district in place of the election of a member representing the state at large at the 2022 general election.

Sections 37, 42, 52, 60, 73, 85, 86, 90, 101, and 107 amend statutes governing boards for which membership is based on the number of congressional districts in the state. For each board, the total number of members is no longer specified. Instead, each statute provides for the appointment of members from each congressional district in the state plus, as applicable, additional members as is currently provided for each board. Provisions requiring staggering of terms and limits on the number of board members who may be affiliated with a single political party are amended to refer to a "minimum majority" of the board to accommodate any future changes in board membership resulting from changes in the number of Colorado congressional districts.

Section 133 repeals a statute that addressed the impact of redistricting on boards following the 2000 federal decennial census and a statute that adjusted the lengths of terms of members of certain boards in 1987.

The remaining sections of the act make changes to statutory provisions governing various boards with appointed members, including:

  • Repealing deadlines for events or actions that have already occurred;
  • Repealing language setting specific expiration dates or requirements for board members' terms in order to create staggering of the board members' terms and replacing it with a general requirement that terms be staggered;
  • Repealing requirements for notice and hearing before a board member can be removed for cause by an appointing authority;
  • Repealing, for certain boards, the requirement that a board member serve until the board member's successor is confirmed by the senate;
  • Updating archaic language to conform to current drafting standards;
  • Reorganizing sections to clarify requirements related to appointments, qualifications for appointees, and terms of office;
  • Clarifying requirements related to the number of board members that may be affiliated with one political party; and
  • Making conforming amendments.
    (Note: This summary applies to this bill as enacted.)

Status: 2/25/2022 Governor Signed
Amendments:

Senate Journal, January 28
After consideration on the merits, the Committee recommends that SB22-013 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 14, line 11, strike "may after notice and hearing," and
substitute "may, after notice and hearing,".

Page 23, strike lines 3 and 4 and substitute "quorum. When necessary,
MEMBERS OF the board may PARTICIPATE REMOTELY TO conduct business".

Page 23, line 13, strike "CONSENT" and substitute "CONFIRMATION".

Page 26, line 24, strike "(1), (3), and (4);" and substitute "(1) and (3);".

Page 29, strike lines 2 through 7.

Page 29, line 11, strike "(3) and (4);" and substitute "(3);".

Page 32, strike lines 1 through 6.

Page 55, strike lines 5 through 11 and substitute "remainder of an unexpired
term. Any member appointed by the governor when the general assembly is not
in regular session, whether appointed for an unexpired term or for a full term,
shall be deemed to be duly appointed and qualified until the appointment of
such member is approved or rejected by the senate. Such appointment shall be
submitted to the senate for its approval or rejection during the next regular
session of the general assembly following the appointment.".

Page 93, line 11, strike "and (1)(c)".

Page 94, strike lines 10 through 13.

Page 97, strike lines 23 and 24 and substitute "cause, after a public hearing, and
may be suspended by the appointing authority pending the completion of the
hearing.".

Senate Journal, February 1
After consideration on the merits, the Committee recommends that SB22-013 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 165, after line 5 insert:
"SECTION 134. Appropriation. (1) For the 2022-23 state fiscal year,
$14,105 is appropriated to the department of state. This appropriation is from
the department of state cash fund created in section 24-21-104 (3)(b), C.R.S. To
implement this act, the department may use this appropriation for document
management services.
(2) For the 2022-23 state fiscal year, $14,105 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of state under subsection (1) of this section. To
implement this act, the department of personnel may use this appropriation to
provide document management services for the department of state.
(3) For the 2022-23 state fiscal year, $600 is appropriated to the
department of public health and environment for use by the administration and
support division. This appropriation is from the general fund. To implement this
act, the department may use this appropriation for reimbursement for members
of the state board of health.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "COMMISSIONS." and substitute "COMMISSIONS, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".

Senate Journal, February 1
SB22-013 by Senator(s) Fenberg and Holbert; also Representative(s) Garnett and McKean--
Concerning requirements for boards and commissions, and, in connection therewith,
making an appropriation.

Amendment No. 1, State, Veterans & Military Affairs Committee Amendment.
(Printed in Senate Journal, January 28, page(s) 59-60 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, February 1, page(s) 98-99 and placed in members' bill files.)

Amendment No. 3(L.005), by Senator Fenberg.

Amend printed bill, page 131, strike lines 3 through 5.

Reletter succeeding sub-subparagraphs accordingly.

Page 131, line 8, strike "ONE MEMBER" and substitute "TWO MEMBERS".


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

Senate Journal, February 3
SB22-013 by Senator(s) Fenberg and Holbert; also Representative(s) Garnett and McKean--
Concerning requirements for boards and commissions, and, in connection therewith,
making an appropriation.

A majority of those elected to the Senate having voted in the affirmative, Senator Fenberg
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.009), by Senator Fenberg.

Amend engrossed bill, page 165, before line 7 insert:

"SECTION 135. Effective date. (1) Except as otherwise provided in
this section, this act takes effect upon passage.
(2) Section 26-11-101, Colorado Revised Statutes, as enacted in
section 90 of this act, only takes effect if House Bill 22-1035 does not become
law.
(3) Section 35-65-401 (2), (4), (5), and (8.5), Colorado Revised
Statutes, as enacted in section 107 of this act, only takes effect if Senate Bill 22-
042 does not become law.".

Renumber succeeding section accordingly.


The amendment was passed on the following roll call vote:

YES 31 NO 0 EXCUSED 4 ABSENT 0
Bridges Y Gardner Y Lee Y Simpson Y
Buckner Y Ginal E Liston Y Smallwood Y
Coleman Y Gonzales Y Lundeen Y Sonnenberg Y
Cooke Y Hansen Y Moreno Y Story Y
Coram E Hisey Y Pettersen Y Winter Y
Danielson E Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Lewis Y Rankin Y Zenzinger Y
Fenberg Y Kirkmeyer Y Rodriguez Y President Y
Fields Y Kolker Y Scott E

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 31 NO 0 EXCUSED 4 ABSENT 0
Bridges Y Gardner Y Lee Y Simpson Y
Buckner Y Ginal E Liston Y Smallwood Y
Coleman Y Gonzales Y Lundeen Y Sonnenberg Y
Cooke Y Hansen Y Moreno Y Story Y
Coram E Hisey Y Pettersen Y Winter Y
Danielson E Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Lewis Y Rankin Y Zenzinger Y
Fenberg Y Kirkmeyer Y Rodriguez Y President Y
Fields Y Kolker Y Scott E

House Journal, February 17
16 Amendment No. 1, by Speaker Garnett.
17
18 Amend reengrossed bill, page 6, line 8, after the period add "THE STAFF
19 OF A STATE AGENCY THAT PROVIDES STAFF SUPPORT TO THE BOARD, OR,
20 IF NO AGENCY PROVIDES STAFF SUPPORT TO THE BOARD, THE CHAIR OF
21 THE BOARD, SHALL NOTIFY THE APPOINTING AUTHORITY FOR THE VACANT
22 POSITION OF THE VACANCY BY E-MAIL WITHIN THIRTY DAYS OF THE
23 VACANCY OCCURRING.".
24
25 Amendment No. 2, by Speaker Garnett.
26
27 Amend reengrossed bill, page 165, line 9, strike "enacted" and substitute
28 "amended".
29
30 Page 165, line 12, after "(2)," insert "(3),".
31
32 Page 165, line 13, strike "enacted" and substitute "amended".
33
34 As amended, ordered revised and placed on the Calendar for Third
35 Reading and Final Passage.
36


Fiscal Notes:

Fiscal Note


SB22-028 Groundwater Compact Compliance Fund 
Calendar Notification: NOT ON CALENDAR
Summary:

The act creates the groundwater compact compliance and sustainability fund (fund) to help finance groundwater use reduction and sustainability efforts in the Rio Grande river basin and the Republican river basin, such as efforts to buy and retire irrigation wells and irrigated acreage in the river basins. The Colorado water conservation board (board) administers the fund and can make expenditures from the fund based on recommendations from the board of directors of the Rio Grande water conservation district or the Republican river water conservation district. A conservation district's recommendations must first be approved by the state engineer.

For the 2022-23 state fiscal year, $60 million is appropriated from the economic recovery and relief cash fund to the fund and, on August 15, 2024, up to $20 million of any unobligated money in the fund is transferred to the water plan implementation account, which account the board administers to finance efforts to help accomplish critical actions identified in the state water plan. The board and any recipient of money from the fund or the account must comply with the compliance, reporting, record-keeping, and program evaluation requirements that the office of state planning and budgeting and the state controller establish for use of money allocated to the state pursuant to the "American Rescue Plan Act of 2021".


(Note: This summary applies to this bill as enacted.)

Status: 5/23/2022 Governor Signed
Amendments:

House Journal, April 21
18 SB22-028 be amended as follows, and as so amended, be referred to
19 the Committee on Appropriations with favorable
20 recommendation:
21
22 Amend reengrossed bill, page 2, line 7, after "declaration -" insert
23 "transfer - definitions - reports -".
24
25 Page 4, after line 27 insert:
26 "(2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES
27 THAT:
28 (a) THIS SECTION IS INTENDED TO RESPOND TO THE NEGATIVE
29 ECONOMIC IMPACTS CAUSED BY THE COVID-19 PANDEMIC AND
30 RESULTING PUBLIC HEALTH EMERGENCY BY PROVIDING FINANCIAL
31 INCENTIVES FOR THE VOLUNTARY RETIREMENT OF IRRIGATED ACREAGE
32 AND WELLS IN ORDER TO MAINTAIN INTERSTATE COMPACT COMPLIANCE
33 AND FOR THE PROMOTION OF CONSERVATION AND SUSTAINABILITY OF
34 GROUNDWATER RESOURCES IN FURTHERANCE OF THE STATE WATER PLAN;
35 (b) MONEY ALLOCATED TO THE STATE PURSUANT TO THE
36 "AMERICAN RESCUE PLAN ACT OF 2021" AND TRANSFERRED TO THE
37 GROUNDWATER COMPACT COMPLIANCE AND SUSTAINABILITY FUND
38 CREATED IN SUBSECTION (3)(a) OF THIS SECTION MAY BE USED FOR THE
39 PURPOSES OF THIS SECTION; AND
40 (c) THE COMPACT COMPLIANCE, GROUNDWATER RESOURCE
41 SUSTAINABILITY, AND GROUNDWATER CONSERVATION PURPOSES
42 DESCRIBED IN THIS SECTION ARE IMPORTANT GOVERNMENT SERVICES.".
43
44 Renumber succeeding subsections accordingly.
45
46 Page 5, strike line 2 and substitute "SUSTAINABILITY FUND IS".
47
48 Page 6, line 3, strike "(3)." and substitute "(4).".
49
50 Page 6, line 12, strike "REPEALED." and substitute "REPEALED; EXCEPT
51 THAT THIS SECTION SHALL NOT BE REPEALED BEFORE JANUARY 1, 2025.".
52
53 Page 6, line 14, strike "(5)" and substitute "(6)".
54
55
1 Page 6, after line 22 insert:
2 "(7) (a) FOR THE 2022-23 STATE FISCAL YEAR, THE GENERAL
3 ASSEMBLY SHALL APPROPRIATE TO THE FUND SIXTY MILLION DOLLARS
4 FROM THE ECONOMIC RECOVERY AND RELIEF CASH FUND CREATED IN
5 SECTION 24-75-228 (2)(a). THE BOARD MAY USE THE MONEY
6 APPROPRIATED FOR THE PURPOSES SET FORTH IN THIS SECTION. EXCEPT AS
7 PROVIDED IN SUBSECTION (7)(b) OF THIS SECTION, ANY MONEY
8 APPROPRIATED TO THE FUND IN THE 2022-23 STATE FISCAL YEAR THAT IS
9 UNOBLIGATED OR UNEXPENDED AT THE END OF THE STATE FISCAL YEAR
10 REMAINS AVAILABLE FOR EXPENDITURE BY THE BOARD IN SUBSEQUENT
11 STATE FISCAL YEARS WITHOUT FURTHER APPROPRIATION, SUBJECT TO THE
12 REQUIREMENTS FOR OBLIGATING AND EXPENDING MONEY RECEIVED
13 UNDER THE "AMERICAN RESCUE PLAN ACT OF 2021", AS SPECIFIED IN
14 SECTION 24-75-226 (4)(d).
15 (b) ON AUGUST 15, 2024, IF THERE IS UNOBLIGATED MONEY IN THE
16 FUND, THE STATE TREASURER SHALL:
17 (I) IF THE AMOUNT OF UNOBLIGATED MONEY IS TWENTY MILLION
18 DOLLARS OR LESS, TRANSFER ALL OF THE UNOBLIGATED MONEY TO THE
19 WATER PLAN IMPLEMENTATION ACCOUNT; OR
20 (II) IF THE AMOUNT OF UNOBLIGATED MONEY IS GREATER THAN
21 TWENTY MILLION DOLLARS, TRANSFER TO THE WATER PLAN
22 IMPLEMENTATION ACCOUNT ALL BUT THE AMOUNT OF THE UNOBLIGATED
23 MONEY THAT IS EQUAL TO FORTY MILLION DOLLARS MINUS THE AMOUNT
24 OF UNOBLIGATED MONEY.
25 (8) (a) THE BOARD AND ANY PERSON THAT RECEIVES MONEY FROM
26 THE BOARD PURSUANT TO THIS SECTION OR SECTION 37-60-123.3 (3)
27 SHALL COMPLY WITH THE COMPLIANCE, REPORTING, RECORD-KEEPING,
28 AND PROGRAM EVALUATION REQUIREMENT ESTABLISHED BY THE OFFICE
29 OF STATE PLANNING AND BUDGETING AND THE STATE CONTROLLER IN
30 ACCORDANCE WITH SECTION 24-75-226 (5).
31 (b) COMMENCING IN 2023, AND FOR EACH YEAR THEREAFTER
32 THROUGH 2027, AS PART OF ITS ANNUAL PRESENTATIONS TO THE GENERAL
33 ASSEMBLY UNDER THE "STATE MEASUREMENT FOR ACCOUNTABLE,
2 34 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", PART
35 OF ARTICLE 7 OF TITLE 2, THE DEPARTMENT OF NATURAL RESOURCES
36 SHALL REPORT ON HOW MUCH MONEY THE BOARD HAS EXPENDED UNDER
37 THIS SECTION AND IF THE BOARD EXPECTS TO EXPEND THE FULL SIXTY
38 MILLION DOLLARS FOR THE PURPOSES SET FORTH IN THIS SECTION OR, IF
39 MONEY IS TRANSFERRED TO THE WATER PLAN IMPLEMENTATION ACCOUNT
40 IN 2024, IF THE BOARD IS ON TRACK TO EXPEND THE FULL SIXTY MILLION
41 DOLLARS FOR THE PURPOSES SET FORTH IN THIS SECTION AND THE
42 PURPOSES SET FORTH IN SECTION 37-60-123.3 (3).
43 (9) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
44 REQUIRES:
45 (a) "AMERICAN RESCUE PLAN ACT OF 2021" MEANS THE FEDERAL
46 "AMERICAN RESCUE PLAN ACT OF 2021", PUB. L. 117-2, AS THE ACT MAY
47 BE SUBSEQUENTLY AMENDED.
48 (b) "COVID-19" MEANS THE CORONAVIRUS DISEASE CAUSED BY
49 THE SEVERE ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2, ALSO
50 KNOWN AS SARS-COV-2.
51 (c) "FUND" MEANS THE GROUNDWATER COMPACT COMPLIANCE
52 AND SUSTAINABILITY FUND CREATED IN SUBSECTION (3)(a) OF THIS
53 SECTION.
54
1 (d) "WATER PLAN IMPLEMENTATION ACCOUNT" MEANS THE WATER
3 2 PLAN IMPLEMENTATION ACCOUNT CREATED IN SECTION 37-60-123.
3 (3)(b).
4 SECTION 2. In Colorado Revised Statutes, 37-60-123.3, add (3)
5 as follows:
6 37-60-123.3. Water plan implementation cash fund - created
7 - water plan implementation account - created - legislative
8 declaration - reporting - repeal. (3) (a) THE GENERAL ASSEMBLY FINDS
9 AND DECLARES THAT:
10 (I) THIS SUBSECTION (3) IS INTENDED TO RESPOND TO THE
11 NEGATIVE ECONOMIC IMPACTS CAUSED BY THE COVID-19 PANDEMIC, AS
12 DEFINED IN SECTION 37-60-134 (9)(b), AND THE RESULTING PUBLIC
13 HEALTH EMERGENCY BY PROVIDING GRANT MONEY TO PROMOTE PROJECTS
14 AND ACTIONS THAT ADVANCE PROGRESS TOWARD ACCOMPLISHING THE
15 CRITICAL ACTIONS IDENTIFIED IN THE STATE WATER PLAN;
16 (II) MONEY ALLOCATED TO THE STATE PURSUANT TO THE
17 "AMERICAN RESCUE PLAN ACT OF 2021", AS DEFINED IN SECTION
18 37-60-134 (9)(a), AND TRANSFERRED TO THE WATER PLAN
19 IMPLEMENTATION ACCOUNT MAY BE USED FOR THE PURPOSES OF THIS
20 SUBSECTION (3); AND
21 (III) THE WATER PLAN IMPLEMENTATION PURPOSES DESCRIBED IN
22 THIS SUBSECTION (3) ARE IMPORTANT GOVERNMENT SERVICES.
23 (b) THERE IS HEREBY CREATED IN THE WATER PLAN
24 IMPLEMENTATION CASH FUND THE WATER PLAN IMPLEMENTATION
25 ACCOUNT, REFERRED TO IN THIS SUBSECTION (3) AS THE "ACCOUNT". THE
26 MONEY IN THE ACCOUNT IS CONTINUOUSLY APPROPRIATED TO THE BOARD
27 TO USE FOR THE PURPOSES SET FORTH IN THIS SUBSECTION (3).
28 (c) THE ACCOUNT CONSISTS OF ALL MONEY TRANSFERRED TO THE
29 ACCOUNT ON AUGUST 15, 2024, FROM THE GROUNDWATER COMPACT
134 30 COMPLIANCE AND SUSTAINABILITY FUND CREATED IN SECTION 37-60-
31 (3)(a).
32 (d) THE BOARD AND ANY PERSON THAT RECEIVES MONEY FROM
33 THE BOARD PURSUANT TO THIS SUBSECTION (3) SHALL COMPLY WITH THE
34 COMPLIANCE, REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION
35 REQUIREMENT ESTABLISHED BY THE OFFICE OF STATE PLANNING AND
36 BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION
37 24-75-226 (5).
38 (e) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE SEPTEMBER 1,
39 2027.".
40
41 Renumber succeeding section accordingly.
42
43

House Journal, April 27
34 SB22-028 be amended as follows, and as so amended, be referred to
35 the Committee of the Whole with favorable
36 recommendation:
37
38 Amend reengrossed bill, page 6, before line 23 insert:
39 "SECTION 2. Appropriation. (1) For the 2022-23 state fiscal
40 year, $60,000,000 is appropriated to the groundwater compact
41 compliance and sustainability fund created in section 37-60-134 (2)(a),
42 C.R.S. This appropriation is from the economic recovery and relief cash
43 fund created in section 24-75-228 (2)(a), C.R.S., and is of money the state
44 received from the federal coronavirus state fiscal recovery fund. The
45 Department of Natural Resources is responsible for the accounting related
46 to this appropriation.
47 (2) For the 2022-23 state fiscal year, $60,000,000 is appropriated
48 to the department of natural resources for use by the Colorado water
49 conservation board. This appropriation is from reappropriated funds from
50 the groundwater compact compliance and sustainability fund under
51 subsection (1) of this section. To implement this act, the board may use
52 this appropriation for compact compliance and groundwater resource
53 sustainability and conservation pursuant to section 37-60-134, C.R.S. Any
54 money appropriated in this section not expended prior to July 1, 2023, is
55 further appropriated to the board from July 1, 2023, through December
1 30, 2024, for the same purpose.".
2
3 Renumber succeeding section accordingly.
4
5 Page 1 of the bill, strike "FUND." and substitute "FUND, AND, IN
6 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
7
8

House Journal, April 27
7 Amendment No. 1, Appropriations Report, dated April 27, 2022, and
8 placed in member’s bill file; Report also printed in House Journal,
9 April 27, 2022.
10
11 Amendment No. 2, Agriculture, Livestock, & Water Report, dated
12 April 21, 2022, and placed in member’s bill file; Report also printed in
13 House Journal, April 21, 2022.
14
15 Amendment No. 3, by Representative Roberts.
16
17 Amend the Agriculture, Livestock, and Water Committee Report, dated
18 April 21, 2022, page 2, strike lines 25 through 27 and substitute
19 "IMPLEMENTATION ACCOUNT TWENTY MILLION DOLLARS.".
20
21 As amended, ordered revised and placed on the Calendar for Third
22 Reading and Final Passage.
23


Fiscal Notes:

Fiscal Note


SB22-029 Investment Water Speculation 
Calendar Notification: NOT ON CALENDAR
Summary:

Water Resources Review Committee. Section 1 of the bill prohibits a purchaser of agricultural water rights that are represented by shares in a mutual ditch company from engaging in investment water speculation. Investment water speculation is the purchase of agricultural water rights that are represented by shares in a mutual ditch company in the state with the intent, at the time of purchase, to profit from an increase in the water's value in a subsequent transaction or by receiving payment from another person for nonuse of all or a portion of the water subject to the water right.

On or after January 1, 2023, the state engineer or the state engineer's designee (state engineer) may investigate complaints of investment water speculation. If a purchaser holds, or by virtue of a proposed sale or transfer, will hold at least a minimum percent of the shares in a mutual ditch company, about which minimum percent the mutual ditch company must determine and notify the state engineer on or before December 31, 2022, there is a rebuttable presumption that the purchaser is engaged in investment water speculation. The state engineer may fine a purchaser up to $10,000 for a violation and require, for a period of up to 2 years after a fine has been imposed, that any sale or transfer of shares in a mutual ditch company to the purchaser be subject to approval by the state engineer.

If the state engineer believes that a complaint is frivolous or was filed for the purpose of harassing a seller or purchaser, the state engineer may refer the matter to the attorney general's office for the attorney general or the attorney general's designee (attorney general) to investigate and, if the attorney general determines that enforcement is warranted, bring a civil action in a court of competent jurisdiction alleging the complaint is frivolous or was filed for the purpose of harassment. If the attorney general prevails in the civil action, the court may fine a complainant up to $1,000, prohibit the complainant from filing any complaints alleging investment water speculation for up to one year, and grant attorney fees and court costs. Section 3 authorizes the attorney general to bring a civil action against a complainant if the state engineer refers the matter to the attorney general.Section 2 requires the board of directors of a mutual ditch company to determine the minimum percent of agricultural water rights held by all of the shareholders in the mutual ditch company that a purchaser holds or, by virtue of the sale or transfer of shares in the mutual ditch company, will hold that creates a rebuttable presumption that the purchaser is engaging in investment water speculation.
(Note: This summary applies to this bill as introduced.)

Status: 4/21/2022 Senate Committee on Agriculture & Natural Resources Lay Over Amended
Amendments:
Fiscal Notes:

Fiscal Note


SB22-030 Expand Water Resources Review Committe To Include Agriculture 
Calendar Notification: NOT ON CALENDAR
Summary:

The act changes the name of the water resources review committee to the water resources and agriculture review committee (committee) and expands the scope of the committee to include agriculture issues.


(Note: This summary applies to this bill as enacted.)

Status: 3/30/2022 Governor Signed
Amendments:
Fiscal Notes:

Fiscal Note


SB22-114 Fire Suppression Ponds Water Rights 
Calendar Notification: NOT ON CALENDAR
Summary:

The act allows a board of county commissioners (board), in consultation with its fire protection district or fire authority, to apply to the state engineer for the designation of a pond as a fire suppression pond. The director of the division of fire prevention and control (director) in the department of public safety is required to promulgate rules to establish criteria for boards, in consultation with fire protection districts or fire authorities, to use to identify and evaluate potential fire suppression ponds.

Before applying for the designation of a pond as a fire suppression pond, a board, in consultation with its fire protection district or fire authority, must identify ponds in areas where the outbreak of a fire could result in a major wildfire disaster and perform a needs assessment of each such pond. If a pond that is under consideration for designation as a fire suppression pond is located in whole or in part upon private property, a board must acquire the voluntary written approval of each owner of private property that abuts the pond before the board applies to the state engineer for the designation of the pond as a fire suppression pond. For each pond that is identified and under consideration as a potential fire suppression pond, a board must provide notice of such fact to the state engineer.

The act prohibits the state engineer, with exceptions, from ordering any pond to be drained or backfilled:

  • While the pond is under consideration for designation as a fire suppression pond;
  • If the state engineer has designated the pond as a fire suppression pond; or
  • On and after the effective date of the act, and until the date upon which the director promulgates rules.

The state engineer may not designate more than 30 total surface acres of pond in any county as a fire suppression pond or designate any pond as a fire suppression pond unless the pond satisfies certain requirements and the board that requested the designation provided notice of the request to interested parties included in the substitute water supply plan notification list established for the water division in which the pond is located. The state engineer may impose reasonable requirements on a board as a condition of designating a pond as a fire suppression pond, including requirements for measuring and recording devices. A board and its fire protection district or fire authority must inspect a designated fire suppression pond at least annually.

The designation of a pond as a fire suppression pond expires 15 years after the date of the designation. Before the expiration, the board and the fire protection district or fire authority may perform a needs assessment of the pond. If the needs assessment demonstrates that the pond is in compliance with criteria established in the director's rules, the board and fire protection district or fire authority shall notify the state engineer of such fact, and the state engineer shall redesignate the pond as a fire suppression pond. If the needs assessment demonstrates that the pond is not in compliance with the criteria, the board and fire protection district or fire authority must either:

  • Notify the state engineer that the designation of the pond as a fire suppression pond should be rescinded or allowed to expire; or
  • Provide to the state engineer a plan and a timeline for bringing the pond back into compliance with such criteria.

Within 70 days after the state engineer designates a pond as a fire suppression pond, a holder of a decreed water right may file with the water clerk of the water division in which the fire suppression pond is located a petition for review of the state engineer's decision. Upon receiving a petition, a water judge must conduct a review of the state engineer's decision. A water judge may nullify the state engineer's designation of a pond as a fire suppression pond if, after considering the entire record, including any evidence of material injury, the judge finds that:

  • In applying for the designation, the board did not describe a pond that complies with criteria established by rules promulgated by the director; or
  • The state engineer's decision did not accord with certain other requirements in the act concerning fire suppression ponds.

The act states that a fire suppression pond and the water associated with it:

  • Are not considered a water right;
  • Do not have a priority for the purpose of determining water rights; and
  • May not be adjudicated as a water right.

The act states that a proposed fire suppression pond is presumed to not cause material injury to vested water rights. A holder of a decreed water right may rebut the presumption by providing evidence to the state engineer sufficient to show that material injury has occurred or will occur to the decreed water right.

The act appropriates, for the 2022-23 state fiscal year, $19,428 from the general fund to the department of natural resources for use by the executive director's office, to be used as follows:

  • $11,828 to be reappropriated to the department of law for the provision of legal services; and
  • $7,600 to be reappropriated to the office of information technology for the provision of information technology services.
    (Note: This summary applies to this bill as enacted.)

Status: 6/8/2022 Governor Signed
Amendments:

Senate Journal, March 18
After consideration on the merits, the Committee recommends that SB22-114 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 13, before line 27 insert:

"SECTION 5. Appropriation. (1) For the 2022-23 state fiscal year,
$19,428 is appropriated to the department of natural resources for use by the
executive director's office. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
(a) $11,828 for the purchase of legal services.
(b) $7,600 for the purchase of information technology services.
(2) For the 2022-23 state fiscal year, $11,828 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of natural resources under subsection (1)(a) of this section.
To implement this act, the department of law may use this appropriation to
provide legal services for the department of natural resources.
(3) For the 2022-23 state fiscal year, $7,600 is appropriated to the office
of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
natural resources under subsection (1)(b) of this section. To implement this act,
the office may use this appropriation to provide information technology services
for the department of natural resources.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "PONDS." and substitute "PONDS, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATIONS.".


Appro-
priations


Senate Journal, March 30
SB22-114 by Senator(s) Hisey and Story; also Representative(s) Roberts and Catlin, McCluskie, Pico-
-Concerning fire suppression ponds.

Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, March 4, page(s) 329-331 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 18, page(s) 454 and placed in members' bill files.)

Amendment No. 3(L.009), by Senator Hisey.

Amend the Agriculture and Natural Resources Committee Report, dated March
3, 2022, page 1, after line 9 insert:

"Page 5 of the printed bill, strike lines 13 through 15 and substitute "GENERAL
ASSEMBLY HEREBY DECLARES THAT:
(a) FIRE SUPPRESSION PONDS ARE ESSENTIAL FOR THE PROTECTION OF
PUBLIC SAFETY AND WELFARE; AND
(b) BASED ON THIS DECLARATION, THE STATE ENGINEER IS AUTHORIZED
TO REVIEW APPLICATIONS AND DESIGNATE PONDS AS FIRE SUPPRESSION PONDS
IN ACCORDANCE WITH THIS SECTION.".

Page 5 of the bill, line 24, strike "AND".

Page 5 of the bill, line 27, strike "(4)" and substitute "(3)(a)(III)".

Page 6 of the bill, strike line 1 and substitute "SECTION; AND
(III) FOR EACH POND THAT IS IDENTIFIED AND UNDER CONSIDERATION
AS A POTENTIAL FIRE SUPPRESSION POND, PROVIDE NOTICE OF SUCH FACT TO THE
STATE ENGINEER, WHICH NOTICE MUST INDICATE THE LOCATION AND
APPROXIMATE SURFACE AREA OF THE POND.".".

Page 1 of the committee report, line 10, strike ""(8)"." and substitute ""(5)".".

Page 1 of the committee report, strike lines 11 through 15 and substitute:

"Page 6 of the bill, strike lines 14 through 27.

Page 7 of the bill, strike lines 1 through 22 and substitute:

"(c) IF A POND THAT IS UNDER CONSIDERATION FOR DESIGNATION AS A
FIRE SUPPRESSION POND IS LOCATED IN WHOLE OR IN PART UPON PRIVATE
PROPERTY, A BOARD OF COUNTY COMMISSIONERS SHALL ACQUIRE THE
VOLUNTARY WRITTEN APPROVAL OF EACH OWNER OF PRIVATE PROPERTY THAT
ABUTS THE POND BEFORE THE BOARD APPLIES TO THE STATE ENGINEER FOR THE
DESIGNATION OF THE POND AS A FIRE SUPPRESSION POND.
(d) IF A BOARD OF COUNTY COMMISSIONERS HAS NOTIFIED THE STATE
ENGINEER PURSUANT TO SUBSECTION (3)(a)(III) OF THIS SECTION THAT A POND
IS UNDER CONSIDERATION AS A FIRE SUPPRESSION POND, THE BOARD SHALL
NOTIFY THE STATE ENGINEER PROMPTLY IF AND WHEN THE POND IS NO LONGER
UNDER SUCH CONSIDERATION.".".

Page 1 of the committee report, after line 16 insert:

"Page 8 of the bill, line 2, strike "(4)" and substitute "(3)(a)(III)".".

Page 1 of the committee report, line 19, strike ""(8)"." and substitute ""(5)".".

Page 2 of the committee report, line 3, strike ""(7)(c)"." and substitute
""(4)(c)".".

Page 2 of the committee report, line 14, strike ""(8)(a)"." and substitute
""(5)(a)".".

Page 2 of the committee report, after line 14 insert:

"Page 9 of the bill, line 25, strike "AND".

Page 9 of the bill, strike line 27 and substitute "ENTITIES; AND
(V) BASIN ROUNDTABLES.".".

Page 2 of the committee report, strike line 16 and substitute:

""(7) THE".

Page 2 of the committee report, line 22, strike "(8)" and substitute "(5)".
Page 2 of the committee report, strike line 26 and substitute:

"Page 10 of the bill, strike lines 21 through 24 and substitute "SUPPRESSION
POND, THE STATE ENGINEER SHALL:
(a) CONSIDER WHETHER THE NEEDS ASSESSMENT PERFORMED FOR THE
POND PURSUANT TO SECTION 37-82-107 (3)(a)(II) EVALUATED THE CRITERIA
ESTABLISHED BY RULES PROMULGATED BY THE DIVISION OF FIRE PREVENTION
AND CONTROL PURSUANT TO SECTION 37-82-107 (5); AND
(b) VERIFY THAT THE POND SATISFIES THE REQUIREMENTS DESCRIBED
IN SUBSECTION (10)(a)(II) OF THIS SECTION.".

Page 11 of the bill, strike lines 1 through 6 and substitute:

"(4) WITHIN ONE HUNDRED FIFTY-FOUR DAYS AFTER RECEIVING AN
APPLICATION TO DESIGNATE A FIRE SUPPRESSION POND, THE STATE ENGINEER
SHALL:
(a) REVIEW THE APPLICATION; AND
(b) AT THE STATE ENGINEER'S DISCRETION, DESIGNATE A POND AS A
FIRE SUPPRESSION POND, DENY THE APPLICATION, SCHEDULE A HEARING, OR
REQUEST ADDITIONAL INFORMATION.".

Page 12 of the bill, line 1, strike "TWENTY" and substitute "FIFTEEN".

Page 12 of the bill, strike line 3 and substitute:

"(b) NO SOONER THAN THREE HUNDRED SIXTY-FIVE DAYS BEFORE THE
EXPIRATION OF THE DESIGNATION OF A POND AS".

Page 12 of the bill, line 6, strike "SHALL" and substitute "MAY".

Page 12 of the bill, line 7, strike "37-82-107 (3)." and substitute "37-82-107 (3),
IF THE BOARD DESIRES THAT THE POND BE RECERTIFIED AS A FIRE SUPPRESSION
POND.".".

Page 2 of the committee report, line 27, strike ""(8),"." and substitute ""(5),".".

Page 2 of the committee report, line 28, strike ""(8),"." and substitute ""(5),".".

Page 2 of the committee report, strike line 31.

Page 3 of the committee report, strike line 1 and substitute:

"Page 13 of the bill, strike lines 1 through 3 and substitute "CONTRARY, THE
STATE ENGINEER SHALL NOT:
(I) DESIGNATE MORE THAN THIRTY TOTAL SURFACE ACRES OF POND IN
ANY COUNTY AS A FIRE SUPPRESSION POND; OR
(II) DESIGNATE ANY POND AS A FIRE SUPPRESSION POND UNLESS:".

Page 3 of the committee report, line 2, strike "(I)" and substitute "(A)".

Page 3 of the committee report, line 4, strike "(II)" and substitute "(B)".

Page 3 of the committee report, line 7, strike "(III)" and substitute "(C)".

Page 3 of the committee report, line 10, strike "(IV)" and substitute "(D)".

Page 3 of the committee report, line 12, strike "(V)" and substitute "(E)".

Page 3 of the committee report, line 17, strike "(10)(a)(V)" and substitute
"(10)(a)(II)(E)".

Page 3 of the committee report, line 20, strike "37-82-107 (3)(a)(II);" and
substitute "37-82-107 (3)(a)(II), INCLUDING A SUMMARY OF FINDINGS;".

Page 3 of the committee report, strike lines 22 and 23 and substitute "AS A FIRE
SUPPRESSION POND; AND".

Page 3 of the committee report, line 25, strike "THIRTY-FIVE" and substitute
"ONE HUNDRED FORTY".

Page 3 of the committee report, after line 27 insert:

"(c) IN SUBMITTING AN APPLICATION FOR THE DESIGNATION OF A POND
AS A FIRE SUPPRESSION POND, A BOARD OF COUNTRY COMMISSIONERS MUST
INCLUDE WITH THE APPLICATION EVIDENCE THAT THE BOARD PROVIDED THE
NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS SECTION.".

Page 3 of the committee report, line 28, strike "THIRTY-FIVE" and substitute
"SEVENTY".

Page 4 of the committee report, line 3, strike "(8);" and substitute "(5);".

Page 4 of the committee report, line 15, strike "(8)" and substitute "(5)".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

Senate Journal, April 1
SB22-114 by Senator(s) Hisey and Story; also Representative(s) Roberts and Catlin, McCluskie, Pico-
-Concerning fire suppression ponds, and, in connection therewith, making an
appropriations.

A majority of those elected to the Senate having voted in the affirmative, Senator Hisey
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.010), by Senator Hisey.

Amend engrossed bill, page 13, line 17, strike "COUNTRY" and substitute
"COUNTY".

The amendment was passed on the following roll call vote:

YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson E
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 31 NO 3 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson E
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen N Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan N Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner N Kolker Y Scott Y

House Journal, May 2
9 SB22-114 be amended as follows, and as so amended, be referred to
10 the Committee of the Whole with favorable
11 recommendation:
12
13 Amend reengrossed bill, page 1, line 102, strike "APPROPRIATIONS." and
14 substitute "APPROPRIATION.".
15
16

House Journal, May 3
21 Amendment No. 1, Appropriations Report, dated May 2, 2022, and
22 placed in member’s bill file; Report also printed in House Journal, May 2,
23 2022.
24
25 Amendment No. 2, Agriculture, Livestock, & Water Report, dated
26 April 11, 2022, and placed in member’s bill file; Report also printed in
27 House Journal, April 12, 2022.
28
29 Amendment No. 3, by Representative Roberts:
30
31 Amend reengrossed bill, page 7, strike lines 6 and 7 and substitute:
32
33 "(4) UNLESS OTHERWISE REQUIRED BY LAW OR AS NEEDED TO
34 ADDRESS DAM SAFETY".
35
36 Page 12, line 26, strike "AND".
37
38 Page 13, line 4, strike "LOCATED." and substitute "LOCATED; AND".
39
40 Page 13, after line 4 insert:
41
42 "(F) THE STATE ENGINEER DETERMINES THAT EVIDENCE PROVIDED
43 BY A HOLDER OF A DECREED WATER RIGHT IN RESPONSE TO THE NOTICE
44 DESCRIBED IN SUBSECTION (10)(a)(I)(E) OF THIS SECTION WAS
45 INSUFFICIENT TO REBUT THE PRESUMPTION OF NO MATERIAL INJURY, AS
46 DESCRIBED IN SECTION 37-92-602 (8)(i).".
47
48 Amendment No. 4, by Representative Roberts:
49
50 Amend reengrossed bill, page 13, after line 20 insert:
51
52 "(11) AFTER A BOARD OF COUNTY COMMISSIONERS SUBMITS AN
53 APPLICATION TO THE STATE ENGINEER FOR THE DESIGNATION OF A FIRE
54 SUPPRESSION POND PURSUANT TO SECTION 37-82-107, A HOLDER OF A
55 DECREED WATER RIGHT MAY REQUEST THAT IF THE STATE ENGINEER
1 DESIGNATES THE POND AS A FIRE SUPPRESSION POND, THE STATE
2 ENGINEER SHALL PROVIDE NOTICE OF THE DESIGNATION TO THE HOLDER
3 OF THE DECREED WATER RIGHT WITHIN FOURTEEN DAYS AFTER THE
4 DESIGNATION. IF THE STATE ENGINEER RECEIVES SUCH A REQUEST, THE
5 STATE ENGINEER SHALL PROVIDE SUCH NOTICE.".
6
7 Renumber succeeding subsection accordingly.
8
9 As amended, ordered revised and placed on the Calendar for Third
10 Reading and Final Passage.
11


Fiscal Notes:

Fiscal Note


SB22-115 Clarifying Terms Related To Landowner Liability 
Calendar Notification: NOT ON CALENDAR
Summary:

The bill clarifies the meaning of terms related to landowner liability and declares that the Colorado court of appeals and supreme court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner should not be relied upon to the extent that those decisions determined:

  • The foreseeability of third-party criminal conduct based upon whether the goods or services offered by a landowner are controversial; and
  • That a landowner could be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause of that harm.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 4/7/2022 Governor Signed
Amendments:

House Journal, March 10
17 SB22-115 be amended as follows, and as so amended, be referred to
18 the Committee of the Whole with favorable
19 recommendation:
20
21 Amend reengrossed bill, page 2, line 7, strike "it does" and substitute
22 "they do".
23
24 Page 4, strike line 8 and substitute:
25
26 "(e) (I) THE ROCKY".
27
28 Page 4, line 10, strike "AND" and substitute "AND".
29
30 Page 4, lines 11 and 12, strike "WERE IMPROPERLY DECIDED" and
31 substitute "DO NOT ACCURATELY REFLECT THE INTENT OF THE GENERAL
32 ASSEMBLY".
33
34 Page 5, line 3, strike "ONLY".
35
36

House Journal, March 15
18 Amendment No. 1, Judiciary Report, dated March 9, 2022, and placed in
19 member’s bill file; Report also printed in House Journal, March 10, 2022.
20
21 As amended, ordered revised and placed on the Calendar for Third
22 Reading and Final Passage.
23


Fiscal Notes:

Fiscal Note