HOUSE BILL 22-1379
BY REPRESENTATIVE(S) McCormick and Catlin, Amabile, Bacon,
Bernett, Bird, Boesenecker, Caraveo, Carver, Cutter, Duran, Esgar, Exum,
Geitner, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Lindsay, Lontine,
Lynch, McCluskie, McKean, McLachlan, Michaelson Jenet, Ortiz, Pico,
Ricks, Roberts, Snyder, Soper, Titone, Valdez A., Valdez D., Van Beber,
Van Winkle, Weissman, Will;
also SENATOR(S) Donovan and Simpson, Bridges, Buckner, Coram,
Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Lundeen,
Moreno, Pettersen, Rankin, Rodriguez, Sonnenberg, Story, Winter,
Woodward, Fenberg.
C
ONCERNING TRANSFERS FROM THE ECONOMIC RECOVERY AND RELIEF CASH
FUND TO PROVIDE ADDITIONAL FUNDING FOR THE MANAGEMENT OF
CERTAIN NATURAL RESOURCES
, AND, IN CONNECTION THEREWITH,
MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-75-228, add (2.5)
as follows:
24-75-228. Economic recovery and relief cash fund - creation -
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. allowable uses - interim task force - report - legislative declaration -
definitions - repeal. (2.5) (a) U
PON THE EFFECTIVE DATE OF THIS
SUBSECTION
(2.5), OR AS SOON AS POSSIBLE THEREAFTER , THE STATE
TREASURER SHALL TRANSFER TWENTY MILLION DOLLARS FROM THE
ECONOMIC RECOVERY AND RELIEF CASH FUND AS FOLLOWS
:
(I) T
HREE MILLION DOLLARS TO THE HEALTHY FORESTS AND VIBRANT
COMMUNITIES FUND CREATED IN SECTION
23-31-313 (10), WHICH MUST BE
EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION
23-31-313 (6)(a)(IV);
(II) T
WO MILLION DOLLARS TO THE WILDFIRE MITIGATION CAPACITY
DEVELOPMENT FUND CREATED IN SECTION
24-33-117 (1), WHICH MUST BE
EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION
24-33-117 (3);
(III) T
EN MILLION DOLLARS TO THE COLORADO WATER
CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION
37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE PURPOSES SPECIFIED
IN SECTION
37-60-121 (12);
(IV) T
WO MILLION FIVE HUNDRED THOUSAND DOLLARS TO THE
COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED
IN SECTION
37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE PURPOSES
SPECIFIED IN SECTION
37-60-121 (13); AND
(V) TWO MILLION FIVE HUNDRED T HOUSAND DOLLARS TO THE
COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED
IN SECTION
37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE PURPOSES
SPECIFIED IN SECTION
37-60-121 (14).
(b) T
HE WATERSHED RESTORATION PROGRAMS , WILDFIRE
MITIGATION PROGRAMS
, AND THE PROVISION OF SERVICES TO ASSIST
POLITICAL SUBDIVISIONS OF THE STATE AND OTHER ENTITIES IN THE DRAW
DOWN OF FEDERAL FUNDS TO WHICH THE STATE TREASURER SHALL
TRANSFER MONEY FROM THE FUND PURSUANT TO SUBSECTION
(2.5)(a) OF
THIS SECTION ARE ESSENTIAL GOVERNMENT SERVICES
.
(c) A
NY DEPARTMENT THAT RECEIVES MONEY FROM THE TRANSFER
MADE BY THE STATE TREASURER PURSUANT TO SUBSECTION
(2.5)(a) OF THIS
SECTION SHALL COMPLY WITH THE COMPLIANCE
, REPORTING,
RECORD-KEEPING, AND PROGRAM EVALUATION REQUIREMENTS ESTABLISHED
PAGE 2-HOUSE BILL 22-1379 BY THE OFFICE OF STATE PLANNING AND BUDGETING AND THE STATE
CONTROLLER IN ACCORDANCE WITH SECTION
24-75-226 (5).
SECTION 2. In Colorado Revised Statutes, 37-60-121, add (12),
(13), and (14) as follows:
37-60-121. Colorado water conservation board construction
fund - creation - nature of fund - funds for investigations -
contributions - use for augmenting the general fund - funds created -
rules - repeal. (12) (a) E
XCEPT AS SPECIFIED IN SUBSECTION (12)(b) OF THIS
SECTION
, THE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT TO
SECTION
24-75-228 (2.5)(a)(III) FOR WATERSHED RESTORATION AND FLOOD
MITIGATION GRANTS TO RESTORE
, MITIGATE, AND PROTECT STREAM
CHANNELS AND RIPARIAN AREAS SUSCEPTIBLE TO FLOOD HAZARDS AND
SEDIMENT EROSION AND DEPOSITION AFTER WILDFIRE
, INCLUDING
EXPENDITURES FOR THE DESIGN AND IMPLEMENTATION OF PROJECTS
INTENDED TO MITIGATE INCREASED FLOWS
, SEDIMENT, AND DEBRIS, WITH
FEDERAL AND LOCAL MATCHING REQUIREMENTS
.
(b) T
HE BOARD MAY USE UP TO FIVE PERCENT OF THE MONEY TO
ADMINISTER THE GRANT PROGRAM AS SPECIFIED IN SUBSECTION
(12)(a) OF
THIS SECTION AND MAY USE UP TO TEN PERCENT FOR THE COSTS ASSOCIATED
WITH PROVIDING NECESSARY TECHNICAL ENGINEERING SERVICES TO ASSIST
GRANTEES WITH DESIGN REVIEW
, ENGINEERING ANALYSIS, FIRE AND FLOOD
SUPPORT
, CONSTRUCTION OVERSIGHT , FLUVIAL HAZARD ZONE PROGRAM
IMPLEMENTATION
, PROJECT MONITORING AND ADAPTIVE MANAGEMENT , AND
OVERALL PROGRAM MANAGEMENT
.
(c) T
HE DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE
UPDATES REGARDING THE BOARD
'S ACTIVITIES UNDERTAKEN PURSUANT TO
THIS SUBSECTION
(12) IN ITS DEPARTMENTAL PRESENTATION TO LEGISLATIVE
COMMITTEES OF REFERENCE PURSUANT TO SECTION
2-7-203.
(d) T
HIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2027.
(13) T
HE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT TO
SECTION
24-75-228 (2.5)(a)(IV) FOR THE DIRECT AND INDIRECT COSTS OF
PROVIDING ASSISTANCE TO POLITICAL SUBDIVISIONS OF THE STATE AND
OTHER ENTITIES IN APPLYING FOR FEDERAL
"INFRASTRUCTURE INVESTMENT
AND
JOBS ACT", PUB.L. 117-58, MONEY AND OTHER FEDERALLY AVAILABLE
PAGE 3-HOUSE BILL 22-1379 MONEY RELATED TO WATER FUNDING OPPORTUNITIES .
(14) (a) T
HE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT
TO SECTION
24-75-228 (2.5)(a)(V) FOR BOTH:
(I) I
SSUING GRANTS TO POLITICAL SUBDIVISIONS OF THE STATE OR
OTHER ENTITIES FOR THE HIRING OF TERM
-LIMITED EMPLOYEES,
CONTRACTORS, OR BOTH THAT WILL ASSIST THOSE POLITICAL SUBDIVISIONS
AND OTHER ENTITIES IN APPLYING FOR FEDERAL
"INFRASTRUCTURE
INVESTMENT AND JOBS ACT", PUB.L. 117-58, MONEY AND OTHER
FEDERALLY AVAILABLE MONEY RELATED TO NATURAL RESOURCE
MANAGEMENT
; AND
(II) COVERING THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
ISSUING THE GRANTS DESCRIBED IN SUBSECTION
(14)(a)(I) OF THIS SECTION.
(b) T
HE BOARD MAY ADOPT POLICIES AND PROCEDURES AS
NECESSARY FOR IMPLEMENTING A GRANT PROGRAM NECESSARY TO AWARD
THE GRANTS DESCRIBED IN SUBSECTION
(14)(a) OF THIS SECTION.
SECTION 3. Appropriation. For the 2022-23 state fiscal year,
$15,000,000 is appropriated to the department of natural resources for use
by the Colorado water conservation board. This appropriation is from the
Colorado water conservation board construction fund created in section
37-60-121 (1)(a), C.R.S. To implement this act, the board may use this
appropriation for watershed restoration and flood mitigation project grants.
Any money appropriated in this section not expended prior to July 1, 2023,
is further appropriated to the board from July 1, 2023, through December
30, 2024, for the same purpose.
SECTION 4. Safety clause. The general assembly hereby finds,
PAGE 4-HOUSE BILL 22-1379 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 22-1379