Amendments for HB25-1009
House Journal, February 4
31 HB25-1009 be amended as follows, and as so amended, be referred to
32 the Committee of the Whole with favorable
33 recommendation:
34
35 Amend printed bill, page 3, line 17, after "add" insert "(14.3) and".
36
37 Page 3, after line 20 insert:
38
39 "(14.3) "PRIVATELY OWNED REAL PROPERTY" OR "PROPERTY"
40 MEANS PRIVATELY OWNED REAL PROPERTY THAT IS NOT CLASSIFIED AS
41 AGRICULTURAL LAND BY THE TAX ASSESSOR.".
42
43 Page 4, line 9, strike "CODE" and substitute "CODE, A SUBSEQUENT CODE
44 ESTABLISHED BY THE INTERNATIONAL CODE COUNCIL,".
45
46 Page 5, after line 27 insert:
47
48 "(V) A FIRE PROTECTION DISTRICT THAT ESTABLISHES A PROGRAM
49 PURSUANT TO SUBSECTION (1)(i)(I) OF THIS SECTION SHALL NOT ASSESS A
50 LIEN ON ANY PRIVATELY OWNED REAL PROPERTY FOR UNPAID FINES UNTIL
51 THE OWNER OR OCCUPIER OF THE PRIVATELY OWNED REAL PROPERTY HAS
52 FIVE OR MORE UNPAID FINES FOR VIOLATIONS CONCERNING THE SAME
53 PRIVATELY OWNED REAL PROPERTY.".
54
55
1 Renumber succeeding subparagraph accordingly.
2
3 Page 6, strike line 3 and substitute "AND POLICIES AFTER A PUBLIC
4 HEARING, PUBLIC NOTICE, AND THE ALLOWANCE OF PUBLIC COMMENT TO
5 IMPLEMENT THIS".
6
7
House Journal, February 6
42 Amendment No. 1, Agriculture, Water & Natural Resources Report, dated
43 February 3, 2025, and placed in member’s bill file; Report also printed in
44 House Journal, February 4, 2025.
45
46 Amendment No. 2, Representative Mauro:
47
48 Amend the Agriculture, Water & Natural Resources Committee Report,
49 dated February 3, 2025, page 1, line 1, strike "(14.3) and" and substitute
50 "(13.5), (14.3), and".
51
52 Page 1 of the report, after line 2 insert:
53
54
1 "(13.5) "NONPROFIT ENTITY" MEANS A PERSON THAT IS
26 2 REGISTERED AS AN EXEMPT CHARITABLE ORGANIZATION PURSUANT TO
3 U.S.C. SEC. 501 (c)(3) AND THAT IS EXEMPT FROM TAXATION PURSUANT
4 TO 26 U.S.C. SEC. 501 (a) OF THE FEDERAL "INTERNAL REVENUE CODE OF
5 1986".".
6
7 Page 1 of the report, line 5, strike "ASSESSOR."." and substitute
8 "ASSESSOR. "PRIVATELY OWNED REAL PROPERTY" OR "PROPERTY" DOES
9 NOT MEAN PRIVATELY OWNED REAL PROPERTY OWNED BY A NONPROFIT
10 ENTITY THAT IS LEASED FOR AGRICULTURAL PURPOSES.".".
11
12 Page 1 of the report, after line 5 insert:
13
14 "Page 3 of the bill, line 21, strike "OR DRY".".
15
16 Amendment No. 3, by Representative Mauro:
17
18 Amend the Agriculture, Water & Natural Resources Committee Report,
19 dated February 3, 2025, page 1, after line 7 insert:
20
21 "Page 4 of the bill, line 14, after "(1)(i)(II)." insert "AN INCIDENT COVERS
22 ALL VEGETATIVE FUEL ON A PROPERTY.".
23
24 Page 4 of the bill, line 25, strike "OCCUPIER." and substitute "OCCUPIER
25 BY CERTIFIED MAIL.".
26
27 Page 5 of the bill, line 1, after "INCIDENT." insert "AN OWNER OR
28 OCCUPIER IS NOT SUBJECT TO MORE THAN ONE FINE FOR THE SAME
29 INCIDENT.".
30
31 Page 6 of the bill, after line 5 insert:
32
33 "(VI) A FIRE PROTECTION DISTRICT MAY WAIVE A FINE FOR DELAYS
34 DUE TO WEATHER OR UPON A PETITION FOR A TIME EXTENSION FROM AN
35 OWNER OR OCCUPIER IF AN OWNER OR OCCUPIER HAS UNDERTAKEN GOOD
36 FAITH EFFORTS TO REMOVE THE VEGETATIVE FUEL, AT THE DISCRETION OF
37 THE FIRE PROTECTION DISTRICT.".".
38
39 Page 1 of the report, line 14, after "PROPERTY." insert "A LIEN FOR
40 NON-PAYMENT OF A FINE ASSESSED AGAINST A PROPERTY PURSUANT TO
41 THIS SUBSECTION (1)(i) MUST NOT BE FORECLOSED AND DOES NOT
42 SUPERCEDE ANY PRIOR LIEN ON A PROPERTY.".".
43
44 Page 1 of the report, after line 18 insert:
45
46 "Page 6 of the bill, line 5, after the period add "AS PART OF THE ADOPTED
47 RULES AND POLICIES A FIRE PROTECTION DISTRICT SHALL DESIGNATE AN
48 INDIVIDUAL TO OVERSEE AND MANAGE THE PROGRAM.".
49
50 Strike "OR" and substitute "AND" on: Page 4 of the bill, lines 16, 21, and
51 25.".
52
53 Amendment No. 4, by Representative Joseph:
54
55 Amend printed bill, page 6, after line 5 insert:
56
1 "SECTION 4. In Colorado Revised Statutes, 32-1-1004, add
2 (1)(e) as follows:
3 32-1-1004. Metropolitan districts - additional powers and
4 duties. (1) In addition to the powers specified in section 32-1-1001, the
5 board of any metropolitan district has the following powers for and on
6 behalf of such district:
7 (e) A METROPOLITAN DISTRICT THAT PROVIDES FIRE PROTECTION
8 SERVICES MAY ESTABLISH, IN ITS DISCRETION, A PROGRAM TO REQUIRE
9 THE REMOVAL OF VEGETATIVE FUEL FROM PRIVATELY OWNED REAL
10 PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT, AS SPECIFIED IN
11 SECTION 32-1-1001 (1)(i) FOR FIRE PROTECTION DISTRICTS, AND A
12 METROPOLITAN DISTRICT THAT PROVIDES FIRE PROTECTION SERVICES AND
13 THAT ESTABLISHES A PROGRAM PURSUANT TO SECTION 32-1-1001 (1)(i)
14 SHALL ADOPT POLICIES CONSISTENT WITH THE 2024 INTERNATIONAL
15 WILDLAND-URBAN INTERFACE CODE, A SUBSEQUENT CODE ESTABLISHED
16 BY THE INTERNATIONAL CODE COUNCIL, OR THE STANDARDS AND CODES
17 ADOPTED OR ISSUED BY THE COLORADO WILDFIRE RESILIENCY CODE
18 BOARD.".
19
20 Renumber succeeding section accordingly.
21
22 Representative DeGraaf offered a substitute motion to rerefer the bill to
23 the Committee on Agriculture, Water, and Natural Resources.
24
25 The motion was lost via viva voce.
26
27 As amended, ordered engrossed and placed on the Calendar for Third
28 Reading and Final Passage.
29
Senate Journal, March 6
After consideration on the merits, the Committee recommends that HB25-1009 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 3, line 4, strike "and".
Page 3, line 8, strike "vegetation" and substitute "vegetation, including logs,
branches, slash, and mulch,".
Page 3, line 9, strike "properties." and substitute "properties;".
Page 3, after line 9, insert:
"(e) The state forest service's publication "The Home Ignition Zone"
describes defensible space as the area around a structure that has been modified
to reduce fire hazard by creating space between potential fuel sources.
Successful programs are rooted in a comprehensive education and outreach
approach to obtain voluntary compliance; and
(f) Creating defensible space and maintaining water-efficient
landscaping are compatible goals because vegetation within defensible space
can be properly spaced and can include water-wise landscapes with functional
and efficient irrigation systems.".
Page 4, line 3, after "PURPOSES." insert ""PRIVATELY OWNED REAL PROPERTY"
OR "PROPERTY" DOES NOT MEAN REAL PROPERTY OWNED OR OCCUPIED BY A
PUBLIC UTILITY THAT HAS A VEGETATION MANAGEMENT OR WILDFIRE
MITIGATION PLAN TO ADDRESS VEGETATIVE FUEL SOURCES OR REAL PROPERTY
ADJACENT TO A DITCH THAT CONVEYS DECREED WATER RIGHTS OR WITHIN THE
APPURTENANT EASEMENT WITHIN WHICH THE DITCH IS LOCATED.".
Page 4, line 21, after "BOARD." insert "A FIRE PROTECTION DISTRICT SHALL
COORDINATE WITH ALL APPLICABLE LOCAL ENTITIES AS DEFINED IN SECTION
37-99-102 (9) WHEN DEVELOPING A VEGETATIVE FUEL MITIGATION PROGRAM
AND SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 37-99-103.".
Page 4, line 23, after "FINE" insert "AGAINST AN OWNER OR OCCUPIER OF
PRIVATELY OWNED REAL PROPERTY CONTAINING VEGETATIVE FUEL ONLY".
Page 5, line 2, strike "FINE." and substitute "FINE, AND INFORMATION ON
POSSIBLE FUNDING OR GRANT PROGRAMS TO ASSIST OWNERS OR OCCUPIERS
ABOUT EFFECTIVE VEGETATIVE FUEL MITIGATION, INCLUDING THE COLORADO
WILDFIRE RESILIENT HOMES GRANT, THE FOREST RESTORATION AND WILDFIRE
RISK MITIGATION GRANT PROGRAM, OR ANY OTHER LOCAL OR STATE PROGRAM
ABOUT EFFECTIVE VEGETATIVE FUEL MITIGATION.".
Page 5, line 11, strike "THREE" and substitute "TWO".
Page 5, line 13, after "INCIDENT." insert "THE SUM OF ALL FINES ASSESSED
AGAINST A SINGLE PROPERTY MUST NOT EXCEED ONE THOUSAND TWO HUNDRED
DOLLARS.".
Page 5, line 16, after "FINE." insert "A FIRE PROTECTION DISTRICT MAY NOT
ACCESS ANY PRIVATELY OWNED REAL PROPERTY PURSUANT TO THIS
SUBSECTION (1)(i)(II) WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR
OCCUPIER OF THE PROPERTY. AN OWNER OR OCCUPIER IS NOT LIABLE TO A FIRE
PROTECTION DISTRICT FOR DAMAGES TO FIRE PROTECTION DISTRICT PERSONNEL
OR EQUIPMENT OCCURRING ON THE PRIVATELY OWNED REAL PROPERTY WHILE
FIRE PROTECTION DISTRICT PERSONNEL OR EQUIPMENT ARE PRESENT ON THE
PROPERTY TO CARRY OUT THE PURPOSES OF THIS SECTION. A FIRE PROTECTION
DISTRICT MAY NOT USE A DRONE TO DISCOVER VEGETATIVE FUEL ON A
PROPERTY OR TO ADMINISTER OR ENFORCE THIS SUBSECTION (1)(i).".
Page 6, line 9, strike "OR".
Page 6, line 12, strike "FINE." and substitute "FINE; OR".
Page 6, after line 12, insert:
"(D) A WAIVER IS APPROPRIATE UNDER THE CIRCUMSTANCES.".
Page 6, line 14, strike "SHALL NOT ASSESS A" and substitute "MAY CAUSE A
DELINQUENT CHARGE MADE OR LEVIED TO BE CERTIFIED TO THE TREASURER OF
THE COUNTY AND BE COLLECTED AND PAID OVER BY THE TREASURER OF THE
COUNTY IN THE SAME MANNER AS TAXES ARE AUTHORIZED TO BE BY TITLE 31.".
Page 6, strike lines 15 through 21.
Page 6, line 27, strike "WEBSITE." and substitute "WEBSITE, ON SOCIAL MEDIA
OPERATED BY THE DISTRICT, AND IN A LOCAL NEWSPAPER OF GENERAL
CIRCULATION. A PROGRAM ESTABLISHED PURSUANT TO SUBSECTION (1)(i)(I) OF
THIS SECTION MAY ONLY BE EFFECTIVE THIRTY DAYS OR MORE AFTER POSTING
OF THE ADOPTED RULES AND POLICIES ON THE DISTRICT'S WEBSITE.".
Page 7, line 7, after the period add "GOOD FAITH EFFORTS INCLUDE
DOCUMENTATION FROM AN ARBORIST OR LICENSED PROFESSIONAL LANDSCAPE
ARCHITECT THAT STATES WHEN THE ARBORIST OR LICENSED PROFESSIONAL
LANDSCAPE ARCHITECT WILL BE ABLE TO MITIGATE THE VEGETATIVE FUEL ON
A PROPERTY AND THE COST OF THE MITIGATION. A FIRE PROTECTION DISTRICT
SHALL GRANT A TIME EXTENSION TO MITIGATE OR PAY A FINE ASSESSED
AGAINST THE OWNER OR OCCUPIER OF THE PROPERTY FOR:
(A) NO LONGER THAN THREE MONTHS IF THE COST TO MITIGATE
EXCEEDS ONE THOUSAND DOLLARS AND IS LESS THAN TWO THOUSAND FIVE
HUNDRED DOLLARS;
(B) NO LONGER THAN SIX MONTHS IF THE COST TO MITIGATE EQUALS OR
EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS AND IS LESS THAN FIVE
THOUSAND DOLLARS;
(C) NO LONGER THAN NINE MONTHS IF THE COST TO MITIGATE EQUALS
OR EXCEEDS FIVE THOUSAND DOLLARS AND IS LESS THAN TEN THOUSAND
DOLLARS; OR
(D) NO LONGER THAN ONE YEAR IF THE COST TO MITIGATE EQUALS OR
EXCEEDS TEN THOUSAND DOLLARS.".
Page 7, line 25, after "BOARD." insert "A METROPOLITAN DISTRICT PROVIDING
FIRE PROTECTION SERVICES SHALL COORDINATE WITH ALL APPLICABLE LOCAL
ENTITIES AS DEFINED IN SECTION 37-99-102 (9) WHEN DEVELOPING A
VEGETATIVE FUEL MITIGATION PROGRAM AND SHALL COMPLY WITH THE
REQUIREMENTS OF SECTION 37-99-103.".
Strike "TEN" and substitute "FOURTEEN" on: Page 5, lines 2, 6, and 15.
Agriculture &
Natural
Resources