Colorado 2022 Regular Session

Colorado House Bill HB1323 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-0131.02 Sarah Lozano x3858
18 HOUSE BILL 22-1323
2-BY REPRESENTATIVE(S) Snyder and Froelich, Amabile, Bernett, Bird,
3-Boesenecker, Carver, Catlin, Cutter, Duran, Esgar, Exum, Herod, Hooton,
4-Kipp, Lindsay, Lontine, Lynch, McCluskie, McCormick, McLachlan,
5-Michaelson Jenet, Pico, Roberts, Soper, Titone, Valdez A., Valdez D.,
6-Weissman, Will, Woodrow, Young;
7-also SENATOR(S) Rankin and Ginal, Cooke, Donovan, Gonzales, Hansen,
8-Holbert, Jaquez Lewis, Kirkmeyer, Lee, Lundeen, Priola, Scott, Simpson,
9-Story, Woodward.
9+House Committees Senate Committees
10+Energy & Environment State, Veterans, & Military Affairs
11+Appropriations Appropriations
12+A BILL FOR AN ACT
1013 C
11-ONCERNING UPDATES TO THE COLORADO STATE FOREST SERVICE SEEDLING
12-TREE NURSERY
13-, AND, IN CONNECTION THEREWITH , MAKING AN
14-APPROPRIATION
15-.
16-
17-Be it enacted by the General Assembly of the State of Colorado:
18-SECTION 1. Legislative declaration. (1) The general assembly
19-finds and declares that:
20-(a) A large, diverse, and healthy tree population within Colorado's
21-naturally forested and community landscapes is vital in the fight against
22-climate change because trees are essential for increasing carbon
23-sequestration and achieving Colorado's climate mitigation targets;
24-NOTE: This bill has been prepared for the signatures of the appropriate legislative
25-officers and the Governor. To determine whether the Governor has signed the bill
26-or taken other action on it, please consult the legislative status sheet, the legislative
27-history, or the Session Laws.
28-________
29-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30-through words or numbers indicate deletions from existing law and such material is not part of
31-the act. (b) Colorado has recently suffered devastating impacts to its tree
32-population from uncharacteristic wildfires, insect outbreaks, drought, and
33-deforestation;
34-(c) In 2020 and 2021, Colorado experienced two record-breaking
35-wildfire years that resulted in four of the largest and most costly wildfires
36-in the state's history:
37-(I) The Marshall Fire, which burned over 6,000 acres and 1,000
38-structures in a highly urbanized area and caused more than $500 million in
39-damages;
40-(II) The Cameron Peak Fire, which burned around 208,913 acres;
41-(III) The East Troublesome Fire, which burned around 193,812
42-acres; and
43-(IV) The Pine Gulch Fire, which burned around 139,007 acres; and
44-(d) Reforestation in the aftermath of wildfires plays an important
45-role in:
46-(I) Preserving water quality;
47-(II) Restoring tree cover;
48-(III) Providing stream and riverbank support and decreasing flood
49-damage;
50-(IV) Increasing carbon sequestration;
51-(V) Enhancing outdoor recreation areas; and
52-(VI) Protecting biodiversity.
53-(2) The general assembly also finds that:
54-(a) Located on the foothills campus of Colorado state university in
55-Fort Collins, the Colorado state forest service seedling tree nursery (forest
56-PAGE 2-HOUSE BILL 22-1323 service nursery) plays a critical role in providing seedling trees for
57-landowners and land managers in Colorado for conservation and
58-reforestation purposes;
59-(b) A large-scale, diverse, and reliable stock of seedling trees is
60-critical to mitigating the risk of future wildfires, protecting existing water
61-infrastructure, and adapting to continued climate change in Colorado;
62-(c) Due to its outdated infrastructure, limited staffing capabilities,
63-and limited growing space, the forest service nursery has been unable to
64-leverage its capacity and resources to meet the increasing demand for
65-seedling trees for nonfederal lands in Colorado; and
66-(d) The lack of funding to improve and modernize the forest service
67-nursery has put the forest service nursery in a position of being
68-unsustainable in the future and has significantly limited its ability to:
69-(I) Produce sufficient stock of a diversity of high-quality,
70-environmentally adapted seedling trees to be used for ecosystem restoration;
71-(II) Provide guidance and expertise regarding reforestation that is
72-necessary to increase the survival rate of seedling trees; and
73-(III) Support post-wildfire recovery efforts at the scale now
74-required.
75-(3) The general assembly therefore declares that an investment by
76-the state to upgrade and expand the forest service nursery will increase the
77-forest service nursery's annual production dramatically, improve
78-professional expertise, and help support the growing need for seedling trees
79-and guidance regarding the implementation of reforestation projects in
80-response to wildfire.
81-SECTION 2. In Colorado Revised Statutes, add 23-31-319 as
82-follows:
83-23-31-319. Forest service seedling tree nursery - necessary
84-upgrades and improvements - definition - funding - reports - repeal.
14+ONCERNING UPDATES TO THE COLORADO STATE FOREST SERVICE101
15+SEEDLING TREE
16+NURSERY, AND, IN CONNECTION THEREWITH ,102
17+MAKING AN APPROPRIATION .103
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill requires the Colorado state forest service to make certain
26+upgrades and improvements to its seedling tree nursery in order to expand
27+its capacity and its ability to contribute to reforestation efforts in the state.
28+The general assembly is required to appropriate money to the Colorado
29+state university system in the 2022-23 state fiscal year for allocation to the
30+SENATE
31+3rd Reading Unamended
32+May 9, 2022
33+SENATE
34+2nd Reading Unamended
35+May 6, 2022
36+HOUSE
37+3rd Reading Unamended
38+May 2, 2022
39+HOUSE
40+Amended 2nd Reading
41+April 29, 2022
42+HOUSE SPONSORSHIP
43+Snyder and Froelich, Amabile, Bernett, Bird, Boesenecker, Carver, Catlin, Cutter, Duran,
44+Esgar, Exum, Herod, Hooton, Kipp, Lindsay, Lontine, Lynch, McCluskie, McCormick,
45+McLachlan, Michaelson Jenet, Pico, Roberts, Soper, Titone, Valdez A., Valdez D.,
46+Weissman, Will, Woodrow, Young
47+SENATE SPONSORSHIP
48+Rankin and Ginal, Cooke, Donovan, Gonzales, Hansen, Holbert, Jaquez Lewis,
49+Kirkmeyer, Lee, Lundeen, Priola, Scott, Simpson, Story, Woodward
50+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
51+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
52+Dashes through the words indicate deletions from existing statute. state forest service to make the specified upgrades and improvements to
53+the seedling tree nursery.
54+Be it enacted by the General Assembly of the State of Colorado:1
55+SECTION 1. Legislative declaration. (1) The general assembly2
56+finds and declares that:3
57+(a) A large, diverse, and healthy tree population within Colorado's4
58+naturally forested and community landscapes is vital in the fight against5
59+climate change because trees are essential for increasing carbon6
60+sequestration and achieving Colorado's climate mitigation targets;7
61+(b) Colorado has recently suffered devastating impacts to its tree8
62+population from uncharacteristic wildfires, insect outbreaks, drought, and9
63+deforestation;10
64+(c) In 2020 and 2021, Colorado experienced two record-breaking11
65+wildfire years that resulted in four of the largest and most costly wildfires12
66+in the state's history:13
67+(I) The Marshall Fire, which burned over 6,000 acres and 1,00014
68+structures in a highly urbanized area and caused more than $500 million15
69+in damages;16
70+(II) The Cameron Peak Fire, which burned around 208,913 acres;17
71+(III) The East Troublesome Fire, which burned around 193,81218
72+acres; and19
73+(IV) The Pine Gulch Fire, which burned around 139,007 acres;20
74+and21
75+(d) Reforestation in the aftermath of wildfires plays an important22
76+role in:23
77+(I) Preserving water quality;24
78+(II) Restoring tree cover;25
79+1323-2- (III) Providing stream and riverbank support and decreasing flood1
80+damage;2
81+(IV) Increasing carbon sequestration;3
82+(V) Enhancing outdoor recreation areas; and4
83+(VI) Protecting biodiversity.5
84+(2) The general assembly also finds that:6
85+(a) Located on the foothills campus of Colorado state university7
86+in Fort Collins, the Colorado state forest service seedling tree nursery8
87+(forest service nursery) plays a critical role in providing seedling trees for9
88+landowners and land managers in Colorado for conservation and10
89+reforestation purposes;11
90+(b) A large-scale, diverse, and reliable stock of seedling trees is12
91+critical to mitigating the risk of future wildfires, protecting existing water13
92+infrastructure, and adapting to continued climate change in Colorado;14
93+(c) Due to its outdated infrastructure, limited staffing capabilities,15
94+and limited growing space, the forest service nursery has been unable to16
95+leverage its capacity and resources to meet the increasing demand for17
96+seedling trees for nonfederal lands in Colorado; and18
97+(d) The lack of funding to improve and modernize the forest19
98+service nursery has put the forest service nursery in a position of being20
99+unsustainable in the future and has significantly limited its ability to:21
100+(I) Produce sufficient stock of a diversity of high-quality,22
101+environmentally adapted seedling trees to be used for ecosystem23
102+restoration;24
103+(II) Provide guidance and expertise regarding reforestation that is25
104+necessary to increase the survival rate of seedling trees; and26
105+(III) Support post-wildfire recovery efforts at the scale now27
106+1323
107+-3- required.1
108+(3) The general assembly therefore declares that an investment by2
109+the state to upgrade and expand the forest service nursery will increase3
110+the forest service nursery's annual production dramatically, improve4
111+professional expertise, and help support the growing need for seedling5
112+trees and guidance regarding the implementation of reforestation projects6
113+in response to wildfire.7
114+SECTION 2. In Colorado Revised Statutes, add 23-31-318 as8
115+follows:9
116+23-31-318. Forest service seedling tree nursery - necessary10
117+upgrades and improvements - definition - funding - reports - repeal.11
85118 (1) Definition. A
86-S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
87-REQUIRES
88-, "NURSERY" MEANS THE COLORADO STATE FOREST SERVICE
89-PAGE 3-HOUSE BILL 22-1323 SEEDLING TREE NURSERY LOCATED ON THE FOOTHILLS CAMPUS OF
90-COLORADO STATE UNIVERSITY IN FORT COLLINS AND OPERATED BY THE
91-COLORADO STATE FOREST SERVICE .
119+S USED IN THIS SECTION, UNLESS THE CONTEXT12
120+OTHERWISE REQUIRES, "NURSERY" MEANS THE COLORADO STATE FOREST13
121+SERVICE SEEDLING TREE NURSERY LOCATED ON THE FOOTHILLS CAMPUS14
122+OF COLORADO STATE UNIVERSITY IN FORT COLLINS AND OPERATED BY15
123+THE COLORADO STATE FOREST SERVICE .16
92124 (2) Greenhouses. T
93-O UPGRADE GREENHOUSES AND EXPAND THEIR
94-CAPACITY
95-, THE NURSERY SHALL:
125+O UPGRADE GREENHOUSES AND EXPAND THEIR17
126+CAPACITY, THE NURSERY SHALL:18
96127 (a) R
97-EPAIR EXISTING STRUCTURES AS NEEDED ;
128+EPAIR EXISTING STRUCTURES AS NEEDED ;19
98129 (b) A
99-DD SQUARE FOOTAGE TO EXISTING STRUCTURES OR CONSTRUCT
100-NEW STRUCTURES
101-;
130+DD SQUARE FOOTAGE TO EXISTING STRUCTURES OR20
131+CONSTRUCT NEW STRUCTURES ;21
102132 (c) R
103-EPLACE PUMPS AND OTHER EQUIPMENT WITH EQUIPMENT THAT
104-IS CALIBRATED FOR CURRENT NUTRIENT DELIVERY STANDARDS
105-;
133+EPLACE PUMPS AND OTHER EQUIPMENT WITH EQUIPMENT22
134+THAT IS CALIBRATED FOR CURRENT NUTRIENT DELIVERY STANDARDS ;23
106135 (d) I
107-MPLEMENT ENERGY EFFICIENCY MEASURES ;
136+MPLEMENT ENERGY EFFICIENCY MEASURES ;24
108137 (e) I
109-MPLEMENT MODERN PEST CONTROL MEASURES ; AND
110-(f) UPGRADE WATER DELIVERY SYSTEMS , INCLUDING IRRIGATION
111-SYSTEMS
112-.
113-(3) Shade house structures. T
114-O IMPROVE AND EXPAND SHADE
115-HOUSE STRUCTURES
116-, THE NURSERY SHALL:
138+MPLEMENT MODERN PEST CONTROL MEASURES ; AND25
139+(f) U
140+PGRADE WATER DELIVERY SYSTEMS , INCLUDING IRRIGATION26
141+SYSTEMS.27
142+1323
143+-4- (3) Shade house structures. T O IMPROVE AND EXPAND SHADE1
144+HOUSE STRUCTURES, THE NURSERY SHALL:2
117145 (a) R
118-EMOVE AND REPLACE EXISTING ROTTED STRUCTURES ;
146+EMOVE AND REPLACE EXISTING ROTTED STRUCTURES ;3
119147 (b) R
120-EFILL AND LEVEL SUNKEN OR ERODED GROUND ;
148+EFILL AND LEVEL SUNKEN OR ERODED GROUND ;4
121149 (c) I
122-NSTALL NEW FOUNDATIONS ;
150+NSTALL NEW FOUNDATIONS ;5
123151 (d) I
124-NSTALL NEW IRRIGATION LINES; AND
125-(e) ADD SQUARE FOOTAGE TO EXISTING STRUCTURES , CONSTRUCT
126-NEW STRUCTURES
127-, OR BOTH.
128-(4) Containers and shipping supplies. T
129-O PREPARE FOR INCREASED
130-PRODUCTION
131-, THE NURSERY SHALL:
152+NSTALL NEW IRRIGATION LINES; AND6
153+(e) A
154+DD SQUARE FOOTAGE TO EXISTING STRUCTURES , CONSTRUCT7
155+NEW STRUCTURES, OR BOTH.8
156+ 9
157+(4) Containers and shipping supplies. T O PREPARE FOR10
158+INCREASED PRODUCTION, THE NURSERY SHALL:11
132159 (a) P
133-URCHASE SUFFICIENT CONTAINERS AND SHIPPING MATERIALS TO
134-PAGE 4-HOUSE BILL 22-1323 SERVE THE NURSERY'S STORAGE AND SHIPPING NEEDS; AND
135-(b) PURCHASE A PRESSURE WASHER TO CLEAN AND STERILIZE
136-CONTAINERS FOR REUSE
137-.
138-(5) Capacity, expertise, and infrastructure analysis. T
139-O GUIDE
140-FURTHER INVESTMENT IN THE MODERNIZATION OF THE NURSERY
141-, THE
142-NURSERY SHALL CONTRACT WITH NURSERY MANAGEMENT AND
143-REFORESTATION PROFESSIONALS TO CONDUCT AN ANALYSIS OF PRIORITY
144-CAPACITY AND KNOWLEDGE INVESTMENTS THAT ARE NECESSARY TO
145-ADDRESS REFORESTATION NEEDS IN RESPONSE TO MORE FREQUENT AND
146-INTENSE WILDFIRE
147-, FLOOD, INSECT, AND DISEASE INCIDENTS.
148-(6) Appropriation. F
149-OR THE 2022-23 STATE FISCAL YEAR, THE
150-GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE
151-COLORADO STATE
152-UNIVERSITY SYSTEM FOR ALLOCATION TO AND EXPENDITURE BY THE
153-COLORADO STATE FOREST SERVICE TO FUND IMPROVEMENTS TO THE
154-NURSERY
155-, TO HIRE PROFESSIONAL STAFF, AND TO CONDUCT THE CAPACITY,
156-EXPERTISE, AND INFRASTRUCTURE ANALYSIS AS SPECIFIED IN SUBSECTION
157-(5) OF THIS SECTION.
158-(7) Reporting. N
159-O LATER THAN JUNE 1, 2023, AND NO LATER THAN
160-JUNE 1 OF ANY OTHER YEAR IN WHICH THE COLORADO STATE FOREST
161-SERVICE EXPENDS MONEY APPROPRIATED TO THE
162-COLORADO STATE
163-UNIVERSITY SYSTEM PURSUANT TO THIS SECTION
164-, THE STATE FORESTER
165-SHALL SUBMIT A REPORT CONCERNING THE USE OF MONEY RECEIVED BY THE
166-COLORADO STATE FOREST SERVICE PURSUANT TO THIS SECTION TO THE
167-WILDFIRE MATTERS REVIEW COMMITTEE CREATED IN SECTION
168-2-3-1602
169-(1)(a).
170-(8) Repeal. T
171-HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2025.
172-SECTION 3. Appropriation. For the 2022-23 state fiscal year,
173-$5,000,000 is appropriated to the department of higher education for use by
174-the board of governors of the Colorado state university system. This
175-appropriation is from the general fund. To implement this act, the board of
176-governors may use this appropriation for the Colorado state forest service
177-tree nursery. Any money appropriated in this section not expended prior to
178-July 1, 2023, is further appropriated to the board of governors for the
179-2023-24 state fiscal year for the same purpose.
180-PAGE 5-HOUSE BILL 22-1323 SECTION 4. Act subject to petition - effective date. This act
181-takes effect at 12:01 a.m. on the day following the expiration of the
182-ninety-day period after final adjournment of the general assembly; except
183-that, if a referendum petition is filed pursuant to section 1 (3) of article V
184-of the state constitution against this act or an item, section, or part of this act
185-within such period, then the act, item, section, or part will not take effect
186-unless approved by the people at the general election to be held in
187-November 2022 and, in such case, will take effect on the date of the official
188-declaration of the vote thereon by the governor.
189-____________________________ ____________________________
190-Alec Garnett Steve Fenberg
191-SPEAKER OF THE HOUSE PRESIDENT OF
192-OF REPRESENTATIVES THE SENATE
193-____________________________ ____________________________
194-Robin Jones Cindi L. Markwell
195-CHIEF CLERK OF THE HOUSE SECRETARY OF
196-OF REPRESENTATIVES THE SENATE
197- APPROVED________________________________________
198- (Date and Time)
199- _________________________________________
200- Jared S. Polis
201- GOVERNOR OF THE STATE OF COLORADO
202-PAGE 6-HOUSE BILL 22-1323 PAGE 7-HOUSE BILL 22-1323
160+URCHASE SUFFICIENT CONTAINERS AND SHIPPING MATERIALS12
161+TO SERVE THE NURSERY'S STORAGE AND SHIPPING
162+NEEDS; AND 13
163+(b) P
164+URCHASE A PRESSURE WASHER TO CLEAN AND STERILIZE14
165+CONTAINERS FOR REUSE.15 16
166+(5) Capacity, expertise, and infrastructure analysis. T O GUIDE17
167+FURTHER INVESTMENT IN THE MODERNIZATION OF THE NURSERY , THE18
168+NURSERY SHALL CONTRACT WITH NURSERY MANAGEMENT AND19
169+REFORESTATION PROFESSIONALS TO CONDUCT AN ANALYSIS OF PRIORITY20
170+CAPACITY AND KNOWLEDGE INVESTMENTS THAT ARE NECESSARY TO21
171+ADDRESS REFORESTATION NEEDS IN RESPONSE TO MORE FREQUENT AND22
172+INTENSE WILDFIRE, FLOOD, INSECT, AND DISEASE INCIDENTS.23
173+(6) Appropriation. F OR THE 2022-23 STATE FISCAL YEAR, THE24
174+GENERAL ASSEMBLY SHALL APPROPRIATE MONEY TO THE COLORADO25
175+STATE UNIVERSITY SYSTEM FOR ALLOCATION TO AND EXPENDITURE BY26
176+THE COLORADO STATE FOREST SERVICE TO FUND IMPROVEMENTS TO THE27
177+1323
178+-5- NURSERY, TO HIRE PROFESSIONAL STAFF, AND TO CONDUCT THE CAPACITY,1
179+EXPERTISE, AND INFRASTRUCTURE ANALYSIS AS SPECIFIED IN SUBSECTION2
180+(5) OF THIS SECTION.3
181+(7) Reporting. N O LATER THAN JUNE 1, 2023, AND NO LATER4
182+THAN JUNE 1 OF ANY OTHER YEAR IN WHICH THE COLORADO STATE5
183+FOREST SERVICE EXPENDS MONEY APPROPRIATED TO THE COLORADO6
184+STATE UNIVERSITY SYSTEM PURSUANT TO THIS SECTION , THE STATE7
185+FORESTER SHALL SUBMIT A REPORT CONCERNING THE USE OF MONEY8
186+RECEIVED BY THE COLORADO STATE FOREST SERVICE PURSUANT TO THIS9
187+SECTION TO THE WILDFIRE MATTERS REVIEW COMMITTEE CREATED IN10
188+SECTION 2-3-1602 (1)(a).11
189+(8) Repeal. T HIS SECTION IS REPEALED, EFFECTIVE JANUARY 1,12
190+2025.13
191+SECTION 3. Appropriation. For the 2022-23 state fiscal year,14
192+$5,000,000 is appropriated to the department of higher education for use15
193+by the board of governors of the Colorado state university system. This16
194+appropriation is from the general fund. To implement this act, the board17
195+of governors may use this appropriation for the Colorado state forest18
196+service tree nursery. Any money appropriated in this section not expended19
197+prior to July 1, 2023, is further appropriated to the board of governors for20
198+the 2023-24 state fiscal year for the same purpose.21
199+SECTION 4. Act subject to petition - effective date. This act22
200+takes effect at 12:01 a.m. on the day following the expiration of the23
201+ninety-day period after final adjournment of the general assembly; except24
202+that, if a referendum petition is filed pursuant to section 1 (3) of article V25
203+of the state constitution against this act or an item, section, or part of this26
204+act within such period, then the act, item, section, or part will not take27
205+1323
206+-6- effect unless approved by the people at the general election to be held in1
207+November 2022 and, in such case, will take effect on the date of the2
208+official declaration of the vote thereon by the governor.3
209+1323
210+-7-