Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0131.02 Sarah Lozano x3858
HOUSE BILL 22-1323
House Committees Senate Committees
Energy & Environment State, Veterans, & Military Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING UPDATES TO THE COLORADO STATE FOREST SERVICE101
SEEDLING TREE
NURSERY, AND, IN CONNECTION THEREWITH ,102
MAKING AN APPROPRIATION .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the Colorado state forest service to make certain
upgrades and improvements to its seedling tree nursery in order to expand
its capacity and its ability to contribute to reforestation efforts in the state.
The general assembly is required to appropriate money to the Colorado
state university system in the 2022-23 state fiscal year for allocation to the
SENATE
2nd Reading Unamended
May 6, 2022
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Snyder and Froelich, Amabile, Bernett, Bird, Boesenecker, Carver, Catlin, Cutter, Duran,
Esgar, Exum, Herod, Hooton, Kipp, Lindsay, Lontine, Lynch, McCluskie, McCormick,
McLachlan, Michaelson Jenet, Pico, Roberts, Soper, Titone, Valdez A., Valdez D.,
Weissman, Will, Woodrow, Young
SENATE SPONSORSHIP
Rankin and Ginal,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. state forest service to make the specified upgrades and improvements to
the seedling tree nursery.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) A large, diverse, and healthy tree population within Colorado's4
naturally forested and community landscapes is vital in the fight against5
climate change because trees are essential for increasing carbon6
sequestration and achieving Colorado's climate mitigation targets;7
(b) Colorado has recently suffered devastating impacts to its tree8
population from uncharacteristic wildfires, insect outbreaks, drought, and9
deforestation;10
(c) In 2020 and 2021, Colorado experienced two record-breaking11
wildfire years that resulted in four of the largest and most costly wildfires12
in the state's history:13
(I) The Marshall Fire, which burned over 6,000 acres and 1,00014
structures in a highly urbanized area and caused more than $500 million15
in damages;16
(II) The Cameron Peak Fire, which burned around 208,913 acres;17
(III) The East Troublesome Fire, which burned around 193,81218
acres; and19
(IV) The Pine Gulch Fire, which burned around 139,007 acres;20
and21
(d) Reforestation in the aftermath of wildfires plays an important22
role in:23
(I) Preserving water quality;24
(II) Restoring tree cover;25
1323-2- (III) Providing stream and riverbank support and decreasing flood1
damage;2
(IV) Increasing carbon sequestration;3
(V) Enhancing outdoor recreation areas; and4
(VI) Protecting biodiversity.5
(2) The general assembly also finds that:6
(a) Located on the foothills campus of Colorado state university7
in Fort Collins, the Colorado state forest service seedling tree nursery8
(forest service nursery) plays a critical role in providing seedling trees for9
landowners and land managers in Colorado for conservation and10
reforestation purposes;11
(b) A large-scale, diverse, and reliable stock of seedling trees is12
critical to mitigating the risk of future wildfires, protecting existing water13
infrastructure, and adapting to continued climate change in Colorado;14
(c) Due to its outdated infrastructure, limited staffing capabilities,15
and limited growing space, the forest service nursery has been unable to16
leverage its capacity and resources to meet the increasing demand for17
seedling trees for nonfederal lands in Colorado; and18
(d) The lack of funding to improve and modernize the forest19
service nursery has put the forest service nursery in a position of being20
unsustainable in the future and has significantly limited its ability to:21
(I) Produce sufficient stock of a diversity of high-quality,22
environmentally adapted seedling trees to be used for ecosystem23
restoration;24
(II) Provide guidance and expertise regarding reforestation that is25
necessary to increase the survival rate of seedling trees; and26
(III) Support post-wildfire recovery efforts at the scale now27
1323
-3- required.1
(3) The general assembly therefore declares that an investment by2
the state to upgrade and expand the forest service nursery will increase3
the forest service nursery's annual production dramatically, improve4
professional expertise, and help support the growing need for seedling5
trees and guidance regarding the implementation of reforestation projects6
in response to wildfire.7
SECTION 2. In Colorado Revised Statutes, add 23-31-318 as8
follows:9
23-31-318. Forest service seedling tree nursery - necessary10
upgrades and improvements - definition - funding - reports - repeal.11
(1) Definition. A
S USED IN THIS SECTION, UNLESS THE CONTEXT12
OTHERWISE REQUIRES, "NURSERY" MEANS THE COLORADO STATE FOREST13
SERVICE SEEDLING TREE NURSERY LOCATED ON THE FOOTHILLS CAMPUS14
OF COLORADO STATE UNIVERSITY IN FORT COLLINS AND OPERATED BY15
THE COLORADO STATE FOREST SERVICE .16
(2) Greenhouses. T
O UPGRADE GREENHOUSES AND EXPAND THEIR17
CAPACITY, THE NURSERY SHALL:18
(a) R
EPAIR EXISTING STRUCTURES AS NEEDED ;19
(b) A
DD SQUARE FOOTAGE TO EXISTING STRUCTURES OR20
CONSTRUCT NEW STRUCTURES ;21
(c) R
EPLACE PUMPS AND OTHER EQUIPMENT WITH EQUIPMENT22
THAT IS CALIBRATED FOR CURRENT NUTRIENT DELIVERY STANDARDS ;23
(d) I
MPLEMENT ENERGY EFFICIENCY MEASURES ;24
(e) I
MPLEMENT MODERN PEST CONTROL MEASURES ; AND25
(f) U
PGRADE WATER DELIVERY SYSTEMS , INCLUDING IRRIGATION26
SYSTEMS.27
1323
-4- (3) Shade house structures. T O IMPROVE AND EXPAND SHADE1
HOUSE STRUCTURES, THE NURSERY SHALL:2
(a) R
EMOVE AND REPLACE EXISTING ROTTED STRUCTURES ;3
(b) R
EFILL AND LEVEL SUNKEN OR ERODED GROUND ;4
(c) I
NSTALL NEW FOUNDATIONS ;5
(d) I
NSTALL NEW IRRIGATION LINES; AND6
(e) A
DD SQUARE FOOTAGE TO EXISTING STRUCTURES , CONSTRUCT7
NEW STRUCTURES, OR BOTH.8
9
(4) Containers and shipping supplies. T O PREPARE FOR10
INCREASED PRODUCTION, THE NURSERY SHALL:11
(a) P
URCHASE SUFFICIENT CONTAINERS AND SHIPPING MATERIALS12
TO SERVE THE NURSERY'S STORAGE AND SHIPPING
NEEDS; AND 13
(b) P
URCHASE A PRESSURE WASHER TO CLEAN AND STERILIZE14
CONTAINERS FOR REUSE.15 16
(5) Capacity, expertise, and infrastructure analysis. T O GUIDE17
FURTHER INVESTMENT IN THE MODERNIZATION OF THE NURSERY , THE18
NURSERY SHALL CONTRACT WITH NURSERY MANAGEMENT AND19
REFORESTATION PROFESSIONALS TO CONDUCT AN ANALYSIS OF PRIORITY20
CAPACITY AND KNOWLEDGE INVESTMENTS THAT ARE NECESSARY TO21
ADDRESS REFORESTATION NEEDS IN RESPONSE TO MORE FREQUENT AND22
INTENSE WILDFIRE, FLOOD, INSECT, AND DISEASE INCIDENTS.23
(6) Appropriation. F OR THE 2022-23 STATE FISCAL YEAR, THE24
GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE COLORADO25
STATE UNIVERSITY SYSTEM FOR ALLOCATION TO AND EXPENDITURE BY26
THE COLORADO STATE FOREST SERVICE TO FUND IMPROVEMENTS TO THE27
1323
-5- NURSERY, TO HIRE PROFESSIONAL STAFF, AND TO CONDUCT THE CAPACITY,1
EXPERTISE, AND INFRASTRUCTURE ANALYSIS AS SPECIFIED IN SUBSECTION2
(5) OF THIS SECTION.3
(7) Reporting. N O LATER THAN JUNE 1, 2023, AND NO LATER4
THAN JUNE 1 OF ANY OTHER YEAR IN WHICH THE COLORADO STATE5
FOREST SERVICE EXPENDS MONEY APPROPRIATED TO THE COLORADO6
STATE UNIVERSITY SYSTEM PURSUANT TO THIS SECTION , THE STATE7
FORESTER SHALL SUBMIT A REPORT CONCERNING THE USE OF MONEY8
RECEIVED BY THE COLORADO STATE FOREST SERVICE PURSUANT TO THIS9
SECTION TO THE WILDFIRE MATTERS REVIEW COMMITTEE CREATED IN10
SECTION 2-3-1602 (1)(a).11
(8) Repeal. T HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1,12
2025.13
SECTION 3. Appropriation. For the 2022-23 state fiscal year,14
$5,000,000 is appropriated to the department of higher education for use15
by the board of governors of the Colorado state university system. This16
appropriation is from the general fund. To implement this act, the board17
of governors may use this appropriation for the Colorado state forest18
service tree nursery. Any money appropriated in this section not expended19
prior to July 1, 2023, is further appropriated to the board of governors for20
the 2023-24 state fiscal year for the same purpose.21
SECTION 4. Act subject to petition - effective date. This act22
takes effect at 12:01 a.m. on the day following the expiration of the23
ninety-day period after final adjournment of the general assembly; except24
that, if a referendum petition is filed pursuant to section 1 (3) of article V25
of the state constitution against this act or an item, section, or part of this26
act within such period, then the act, item, section, or part will not take27
1323
-6- effect unless approved by the people at the general election to be held in1
November 2022 and, in such case, will take effect on the date of the2
official declaration of the vote thereon by the governor.3
1323
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