Second Regular Session Seventy-third General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 22-0933.01 Pierce Lively x2059 HOUSE BILL 22-1379 House Committees Senate Committees Agriculture, Livestock, & Water Appropriations A BILL FOR AN ACT C ONCERNING TRANSFERS FROM THE ECONOMIC RECOVERY AND101 RELIEF CASH FUND TO PROVIDE ADDITIONAL FUNDING FOR THE102 MANAGEMENT OF CERTAIN NATURAL RESOURCES, AND, IN103 CONNECTION THEREWITH , MAKING AN APPROPRIATION .104 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 state treasurer to make the following transfers from the economic recovery and relief cash fund: ! $3 million to the healthy forests and vibrant communities HOUSE Amended 2nd Reading April 22, 2022 HOUSE SPONSORSHIP McCormick and Catlin, SENATE SPONSORSHIP Donovan and Simpson, 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. fund for projects that will help communities address the urgent need to reduce wildfire risks by supporting implementation of risk mitigation treatments that focus on promoting watershed resilience; ! $2 million to the wildfire mitigation capacity development fund for wildfire mitigation and fuel reduction projects; ! $10 million to the Colorado water conservation board construction fund for watershed restoration and flood mitigation grants; ! $2.5 million to the Colorado water conservation board construction fund for the direct and indirect costs of providing assistance to political subdivisions and other entities applying for federal "Infrastructure Investment and Jobs Act" money and other federally available money related to water funding opportunities; and ! $2.5 million to the Colorado water conservation board construction fund for issuing grants to political subdivisions of the state for the hiring of temporary employees, contractors, or both that will assist those political subdivisions and other entities in applying for federal "Infrastructure Investment and Jobs Act" money and other federally available money related to natural resource management. All of these transfers relate to essential government services and must comply with the relevant compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 24-75-228, add (2.5)2 as follows:3 24-75-228. Economic recovery and relief cash fund - creation4 - allowable uses - interim task force - report - legislative declaration5 - definitions - repeal. (2.5) (a) U PON THE EFFECTIVE DATE OF THIS6 SUBSECTION (2.5), OR AS SOON AS POSSIBLE THEREAFTER , THE STATE7 TREASURER SHALL TRANSFER TWENTY MILLION DOLLARS FROM THE8 ECONOMIC RECOVERY AND RELIEF CASH FUND AS FOLLOWS :9 (I) T HREE MILLION DOLLARS TO THE HEALTHY FORESTS AND10 1379-2- VIBRANT COMMUNITIES FUND CREATED IN SECTION 23-31-313 (10), WHICH1 MUST BE EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION 23-31-3132 (6)(a)(IV);3 (II) T WO MILLION DOLLARS TO THE WILDFIRE MITIGATION4 CAPACITY DEVELOPMENT FUND CREATED IN SECTION 24-33-117 (1),5 WHICH MUST BE EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION6 24-33-117 (3);7 (III) T EN MILLION DOLLARS TO THE COLORADO WATER8 CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION9 37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE PURPOSES SPECIFIED10 IN SECTION 37-60-121 (12);11 (IV) T WO MILLION FIVE HUNDRED THOUSAND DOLLARS TO THE12 C OLORADO WATER CONSERVATION BOARD CONSTRUCTION F UND CREATED13 IN SECTION 37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE14 PURPOSES SPECIFIED IN SECTION 37-60-121 (13); AND15 (V) T WO MILLION FIVE HUNDRED THOUSAND DOLLARS TO THE16 C OLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED17 IN SECTION 37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE18 PURPOSES SPECIFIED IN SECTION 37-60-121 (14).19 (b) T HE WATERSHED RESTORATION PROGRAMS, WILDFIRE20 MITIGATION PROGRAMS, AND THE PROVISION OF SERVICES TO ASSIST21 POLITICAL SUBDIVISIONS OF THE STATE AND OTHER ENTITIES IN THE DRAW22 DOWN OF FEDERAL FUNDS TO WHICH THE STATE TREASURER SHALL23 TRANSFER MONEY FROM THE FUND PURSUANT TO SUBSECTION (2.5)(a) OF24 THIS SECTION ARE ESSENTIAL GOVERNMENT SERVICES .25 (c) A NY DEPARTMENT THAT RECEIVES MONEY FROM THE26 TRANSFER MADE BY THE STATE TREASURER PURSUANT TO SUBSECTION27 1379 -3- (2.5)(a) OF THIS SECTION SHALL COMPLY WITH THE COMPLIANCE ,1 REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION2 REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND3 BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION4 24-75-226 (5).5 SECTION 2. In Colorado Revised Statutes, 37-60-121, add (12),6 (13), and (14) as follows:7 37-60-121. Colorado water conservation board construction8 fund - creation - nature of fund - funds for investigations -9 contributions - use for augmenting the general fund - funds created10 - rules - repeal. (12) (a) E XCEPT AS SPECIFIED IN SUBSECTION (12)(b) OF11 THIS SECTION, THE BOARD SHALL USE THE MONEY TRANSFERRED12 PURSUANT TO SECTION 24-75-228 (2.5)(a)(III) FOR WATERSHED13 RESTORATION AND FLOOD MITIGATION GRANTS TO RESTORE , MITIGATE,14 AND PROTECT STREAM CHANNELS AND RIPARIAN AREAS SUSCEPTIBLE TO15 FLOOD HAZARDS AND SEDIMENT EROSION AND DEPOSITION AFTER16 WILDFIRE, INCLUDING EXPENDITURES FOR THE DESIGN AND17 IMPLEMENTATION OF PROJECTS INTENDED TO MITIGATE INCREASED FLOWS ,18 SEDIMENT, AND DEBRIS, WITH FEDERAL AND LOCAL MATCHING19 REQUIREMENTS.20 (b) T HE BOARD MAY USE UP TO FIVE PERCENT OF THE MONEY TO21 ADMINISTER THE GRANT PROGRAM AS SPECIFIED IN SUBSECTION (12)(a) OF22 THIS SECTION AND MAY USE UP TO TEN PERCENT FOR THE COSTS23 ASSOCIATED WITH PROVIDING NECESSARY TECHNICAL ENGINEERING24 SERVICES TO ASSIST GRANTEES WITH DESIGN REVIEW , ENGINEERING25 ANALYSIS, FIRE AND FLOOD SUPPORT, CONSTRUCTION OVERSIGHT, FLUVIAL26 HAZARD ZONE PROGRAM IMPLEMENTATION , PROJECT MONITORING AND27 1379 -4- ADAPTIVE MANAGEMENT , AND OVERALL PROGRAM MANAGEMENT .1 (c) T HE DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE2 UPDATES REGARDING THE BOARD 'S ACTIVITIES UNDERTAKEN PURSUANT3 TO THIS SUBSECTION (12) IN ITS DEPARTMENTAL PRESENTATION TO4 LEGISLATIVE COMMITTEES OF REFERENCE PURS UANT TO SECTION 2-7-203.5 (d) T HIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2027.6 (13) T HE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT7 TO SECTION 24-75-228 (2.5)(a)(IV) FOR THE DIRECT AND INDIRECT COSTS8 OF PROVIDING ASSISTANCE TO POLITICAL SUBDIVISIONS OF THE STATE AND9 OTHER ENTITIES IN APPLYING FOR FEDERAL "INFRASTRUCTURE10 I NVESTMENT AND JOBS ACT", PUB.L. 117-58, MONEY AND OTHER11 FEDERALLY AVAILABLE MONEY RELATED TO WATER FUNDING12 OPPORTUNITIES.13 (14) (a) T HE BOARD SHALL USE THE MONEY TRANSFERRED14 PURSUANT TO SECTION 24-75-228 (2.5)(a)(V) FOR BOTH:15 (I) I SSUING GRANTS TO POLITICAL SUBDIVISIONS OF THE STATE OR16 OTHER ENTITIES FOR THE HIRING OF TERM -LIMITED EMPLOYEES,17 CONTRACTORS, OR BOTH THAT WILL ASSIST THOSE POLITICAL18 SUBDIVISIONS AND OTHER ENTITIES IN APPLYING FOR FEDERAL19 "I NFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-58, MONEY20 AND OTHER FEDERALLY AVAILABLE MONEY RELATED TO NATURAL21 RESOURCE MANAGEMENT ; AND22 (II) C OVERING THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH23 ISSUING THE GRANTS DESCRIBED IN SUBSECTION (14)(a)(I) OF THIS24 SECTION.25 (b) T HE BOARD MAY ADOPT POLICIES AND PROCEDURES AS26 NECESSARY FOR IMPLEMENTING A GRANT PROGRAM NECESSARY TO27 1379 -5- AWARD THE GRANTS DESCRIBED IN SUBSECTION (14)(a) OF THIS SECTION.1 SECTION 3. Appropriation. For the 2022-23 state fiscal year,2 $15,000,000 is appropriated to the department of natural resources for use3 by the Colorado water conservation board. This appropriation is from the4 Colorado water conservation board construction fund created in section5 37-60-121 (1)(a), C.R.S. To implement this act, the board may use this6 appropriation for watershed restoration and flood mitigation project7 grants. Any money appropriated in this section not expended prior to July8 1, 2023, is further appropriated to the board from July 1, 2023, through9 December 30, 2024, for the same purpose.10 SECTION 4. Safety clause. The general assembly hereby finds,11 determines, and declares that this act is necessary for the immediate12 preservation of the public peace, health, or safety.13 1379 -6-