Amendments for SB22-028

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50 Page 6, line 12, strike "REPEALED." and substitute "REPEALED; EXCEPT
51 THAT THIS SECTION SHALL NOT BE REPEALED BEFORE JANUARY 1, 2025.".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