Colorado 2022 Regular Session

Colorado House Bill HB1379 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. 22-0933.01 Pierce Lively x2059
18 HOUSE BILL 22-1379
2-BY REPRESENTATIVE(S) McCormick and Catlin, Amabile, Bacon,
3-Bernett, Bird, Boesenecker, Caraveo, Carver, Cutter, Duran, Esgar, Exum,
4-Geitner, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Lindsay, Lontine,
5-Lynch, McCluskie, McKean, McLachlan, Michaelson Jenet, Ortiz, Pico,
6-Ricks, Roberts, Snyder, Soper, Titone, Valdez A., Valdez D., Van Beber,
7-Van Winkle, Weissman, Will;
8-also SENATOR(S) Donovan and Simpson, Bridges, Buckner, Coram,
9-Ginal, Gonzales, Hansen, Hinrichsen, Jaquez Lewis, Kolker, Lee, Lundeen,
10-Moreno, Pettersen, Rankin, Rodriguez, Sonnenberg, Story, Winter,
11-Woodward, Fenberg.
9+House Committees Senate Committees
10+Agriculture, Livestock, & Water Appropriations
11+Appropriations
12+A BILL FOR AN ACT
1213 C
13-ONCERNING TRANSFERS FROM THE ECONOMIC RECOVERY AND RELIEF CASH
14-FUND TO PROVIDE ADDITIONAL FUNDING FOR THE MANAGEMENT OF
15-CERTAIN NATURAL RESOURCES
16-, AND, IN CONNECTION THEREWITH,
17-MAKING AN APPROPRIATION.
18-Be it enacted by the General Assembly of the State of Colorado:
19-SECTION 1. In Colorado Revised Statutes, 24-75-228, add (2.5)
20-as follows:
21-24-75-228. Economic recovery and relief cash fund - creation -
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. allowable uses - interim task force - report - legislative declaration -
30-definitions - repeal. (2.5) (a) U
31-PON THE EFFECTIVE DATE OF THIS
32-SUBSECTION
33-(2.5), OR AS SOON AS POSSIBLE THEREAFTER , THE STATE
34-TREASURER SHALL TRANSFER TWENTY MILLION DOLLARS FROM THE
35-ECONOMIC RECOVERY AND RELIEF CASH FUND AS FOLLOWS
36-:
14+ONCERNING TRANSFERS FROM THE ECONOMIC RECOVERY AND101
15+RELIEF CASH FUND TO PROVIDE ADDITIONAL FUNDING FOR THE102
16+MANAGEMENT OF CERTAIN NATURAL
17+RESOURCES, AND, IN103
18+CONNECTION THEREWITH , MAKING AN APPROPRIATION .104
19+Bill Summary
20+(Note: This summary applies to this bill as introduced and does
21+not reflect any amendments that may be subsequently adopted. If this bill
22+passes third reading in the house of introduction, a bill summary that
23+applies to the reengrossed version of this bill will be available at
24+http://leg.colorado.gov
25+.)
26+The bill requires the state treasurer to make the following transfers
27+from the economic recovery and relief cash fund:
28+! $3 million to the healthy forests and vibrant communities
29+SENATE
30+3rd Reading Unamended
31+April 29, 2022
32+SENATE
33+2nd Reading Unamended
34+April 28, 2022
35+HOUSE
36+3rd Reading Unamended
37+April 25, 2022
38+HOUSE
39+Amended 2nd Reading
40+April 22, 2022
41+HOUSE SPONSORSHIP
42+McCormick and Catlin, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, Carver,
43+Cutter, Duran, Esgar, Exum, Geitner, Gonzales-Gutierrez, Herod, Hooton, Jodeh, Lindsay,
44+Lontine, Lynch, McCluskie, McKean, McLachlan, Michaelson Jenet, Ortiz, Pico, Ricks,
45+Roberts, Snyder, Soper, Titone, Valdez A., Valdez D., Van Beber, Van Winkle, Weissman,
46+Will
47+SENATE SPONSORSHIP
48+Donovan and Simpson, Bridges, Buckner, Coram, Fenberg, Ginal, Gonzales, Hansen,
49+Hinrichsen, Jaquez Lewis, Kolker, Lee, Lundeen, Moreno, Pettersen, Rankin, Rodriguez,
50+Sonnenberg, Story, Winter, Woodward
51+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
52+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
53+Dashes through the words indicate deletions from existing statute. fund for projects that will help communities address the
54+urgent need to reduce wildfire risks by supporting
55+implementation of risk mitigation treatments that focus on
56+promoting watershed resilience;
57+! $2 million to the wildfire mitigation capacity development
58+fund for wildfire mitigation and fuel reduction projects;
59+! $10 million to the Colorado water conservation board
60+construction fund for watershed restoration and flood
61+mitigation grants;
62+! $2.5 million to the Colorado water conservation board
63+construction fund for the direct and indirect costs of
64+providing assistance to political subdivisions and other
65+entities applying for federal "Infrastructure Investment and
66+Jobs Act" money and other federally available money
67+related to water funding opportunities; and
68+! $2.5 million to the Colorado water conservation board
69+construction fund for issuing grants to political
70+subdivisions of the state for the hiring of temporary
71+employees, contractors, or both that will assist those
72+political subdivisions and other entities in applying for
73+federal "Infrastructure Investment and Jobs Act" money
74+and other federally available money related to natural
75+resource management.
76+All of these transfers relate to essential government services and must
77+comply with the relevant compliance, reporting, record-keeping, and
78+program evaluation requirements established by the office of state
79+planning and budgeting and the state controller.
80+Be it enacted by the General Assembly of the State of Colorado:1
81+SECTION 1. In Colorado Revised Statutes, 24-75-228, add (2.5)2
82+as follows:3
83+24-75-228. Economic recovery and relief cash fund - creation4
84+- allowable uses - interim task force - report - legislative declaration5
85+- definitions - repeal. (2.5) (a) U
86+PON THE EFFECTIVE DATE OF THIS6
87+SUBSECTION (2.5), OR AS SOON AS POSSIBLE THEREAFTER , THE STATE7
88+TREASURER SHALL TRANSFER TWENTY MILLION DOLLARS FROM THE8
89+ECONOMIC RECOVERY AND RELIEF CASH FUND AS FOLLOWS :9
3790 (I) T
38-HREE MILLION DOLLARS TO THE HEALTHY FORESTS AND VIBRANT
39-COMMUNITIES FUND CREATED IN SECTION
40-23-31-313 (10), WHICH MUST BE
41-EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION
42-23-31-313 (6)(a)(IV);
91+HREE MILLION DOLLARS TO THE HEALTHY FORESTS AND10
92+1379-2- VIBRANT COMMUNITIES FUND CREATED IN SECTION 23-31-313 (10), WHICH1
93+MUST BE EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION 23-31-3132
94+(6)(a)(IV);3
4395 (II) T
44-WO MILLION DOLLARS TO THE WILDFIRE MITIGATION CAPACITY
45-DEVELOPMENT FUND CREATED IN SECTION
46-24-33-117 (1), WHICH MUST BE
47-EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION
48-24-33-117 (3);
96+WO MILLION DOLLARS TO THE WILDFIRE MITIGATION4
97+CAPACITY DEVELOPMENT FUND CREATED IN SECTION 24-33-117 (1),5
98+WHICH MUST BE EXPENDED FOR THE PURPOSES SPECIFIED IN SECTION6
99+24-33-117
100+ (3);7
49101 (III) T
50-EN MILLION DOLLARS TO THE COLORADO WATER
51-CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION
52-37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE PURPOSES SPECIFIED
53-IN SECTION
54-37-60-121 (12);
102+EN MILLION DOLLARS TO THE COLORADO WATER8
103+CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION9
104+37-60-121 (1)(a),
105+WHICH MUST BE EXPENDED FOR THE PURPOSES SPECIFIED10
106+IN SECTION 37-60-121 (12);11
55107 (IV) T
56-WO MILLION FIVE HUNDRED THOUSAND DOLLARS TO THE
57-COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED
58-IN SECTION
59-37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE PURPOSES
60-SPECIFIED IN SECTION
61-37-60-121 (13); AND
62-(V) TWO MILLION FIVE HUNDRED T HOUSAND DOLLARS TO THE
63-COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED
64-IN SECTION
65-37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE PURPOSES
66-SPECIFIED IN SECTION
67-37-60-121 (14).
108+WO MILLION FIVE HUNDRED THOUSAND DOLLARS TO THE12
109+C
110+OLORADO WATER CONSERVATION BOARD CONSTRUCTION F UND CREATED13
111+IN SECTION 37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE14
112+PURPOSES SPECIFIED IN SECTION 37-60-121 (13); AND15
113+(V) T
114+WO MILLION FIVE HUNDRED THOUSAND DOLLARS TO THE16
115+C
116+OLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED17
117+IN SECTION 37-60-121 (1)(a), WHICH MUST BE EXPENDED FOR THE18
118+PURPOSES SPECIFIED IN SECTION 37-60-121 (14).19
68119 (b) T
69-HE WATERSHED RESTORATION PROGRAMS , WILDFIRE
70-MITIGATION PROGRAMS
71-, AND THE PROVISION OF SERVICES TO ASSIST
72-POLITICAL SUBDIVISIONS OF THE STATE AND OTHER ENTITIES IN THE DRAW
73-DOWN OF FEDERAL FUNDS TO WHICH THE STATE TREASURER SHALL
74-TRANSFER MONEY FROM THE FUND PURSUANT TO SUBSECTION
75- (2.5)(a) OF
76-THIS SECTION ARE ESSENTIAL GOVERNMENT SERVICES
77-.
120+HE WATERSHED
121+RESTORATION PROGRAMS, WILDFIRE20
122+MITIGATION PROGRAMS, AND THE PROVISION OF SERVICES TO ASSIST21
123+POLITICAL SUBDIVISIONS OF THE STATE AND OTHER ENTITIES IN THE DRAW22
124+DOWN OF FEDERAL FUNDS TO WHICH THE STATE TREASURER SHALL23
125+TRANSFER MONEY FROM THE FUND PURSUANT TO SUBSECTION (2.5)(a) OF24
126+THIS SECTION ARE ESSENTIAL GOVERNMENT SERVICES .25
78127 (c) A
79-NY DEPARTMENT THAT RECEIVES MONEY FROM THE TRANSFER
80-MADE BY THE STATE TREASURER PURSUANT TO SUBSECTION
81- (2.5)(a) OF THIS
82-SECTION SHALL COMPLY WITH THE COMPLIANCE
83-, REPORTING,
84-RECORD-KEEPING, AND PROGRAM EVALUATION REQUIREMENTS ESTABLISHED
85-PAGE 2-HOUSE BILL 22-1379 BY THE OFFICE OF STATE PLANNING AND BUDGETING AND THE STATE
86-CONTROLLER IN ACCORDANCE WITH SECTION
87-24-75-226 (5).
88-SECTION 2. In Colorado Revised Statutes, 37-60-121, add (12),
89-(13), and (14) as follows:
90-37-60-121. Colorado water conservation board construction
91-fund - creation - nature of fund - funds for investigations -
92-contributions - use for augmenting the general fund - funds created -
93-rules - repeal. (12) (a) E
94-XCEPT AS SPECIFIED IN SUBSECTION (12)(b) OF THIS
95-SECTION
96-, THE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT TO
97-SECTION
98-24-75-228 (2.5)(a)(III) FOR WATERSHED RESTORATION AND FLOOD
99-MITIGATION GRANTS TO RESTORE
100-, MITIGATE, AND PROTECT STREAM
101-CHANNELS AND RIPARIAN AREAS SUSCEPTIBLE TO FLOOD HAZARDS AND
102-SEDIMENT EROSION AND DEPOSITION AFTER WILDFIRE
103-, INCLUDING
104-EXPENDITURES FOR THE DESIGN AND IMPLEMENTATION OF PROJECTS
105-INTENDED TO MITIGATE INCREASED FLOWS
106-, SEDIMENT, AND DEBRIS, WITH
107-FEDERAL AND LOCAL MATCHING REQUIREMENTS
108-.
128+NY DEPARTMENT THAT RECEIVES MONEY FROM THE26
129+TRANSFER MADE BY THE STATE TREASURER PURSUANT TO SUBSECTION27
130+1379
131+-3- (2.5)(a) OF THIS SECTION SHALL COMPLY WITH THE COMPLIANCE ,1
132+REPORTING, RECORD-KEEPING, AND PROGRAM EVALUATION2
133+REQUIREMENTS ESTABLISHED BY THE OFFICE OF STATE PLANNING AND3
134+BUDGETING AND THE STATE CONTROLLER IN ACCORDANCE WITH SECTION4
135+24-75-226
136+ (5).5
137+SECTION 2. In Colorado Revised Statutes, 37-60-121, add (12),6
138+(13), and (14) as follows:7
139+37-60-121. Colorado water conservation board construction8
140+fund - creation - nature of fund - funds for investigations -9
141+contributions - use for augmenting the general fund - funds created10
142+- rules - repeal. (12) (a) E
143+XCEPT AS SPECIFIED IN SUBSECTION (12)(b) OF11
144+THIS SECTION, THE BOARD SHALL USE THE MONEY TRANSFERRED12
145+PURSUANT TO SECTION 24-75-228 (2.5)(a)(III) FOR WATERSHED13
146+RESTORATION AND FLOOD MITIGATION GRANTS TO RESTORE , MITIGATE,14
147+AND PROTECT STREAM CHANNELS AND RIPARIAN AREAS SUSCEPTIBLE TO15
148+FLOOD HAZARDS AND SEDIMENT EROSION AND DEPOSITION AFTER16
149+WILDFIRE, INCLUDING EXPENDITURES FOR THE DESIGN AND17
150+IMPLEMENTATION OF PROJECTS INTENDED TO MITIGATE INCREASED FLOWS ,18
151+SEDIMENT, AND DEBRIS, WITH FEDERAL AND LOCAL MATCHING19
152+REQUIREMENTS.20
109153 (b) T
110-HE BOARD MAY USE UP TO FIVE PERCENT OF THE MONEY TO
111-ADMINISTER THE GRANT PROGRAM AS SPECIFIED IN SUBSECTION
112- (12)(a) OF
113-THIS SECTION AND MAY USE UP TO TEN PERCENT FOR THE COSTS ASSOCIATED
114-WITH PROVIDING NECESSARY TECHNICAL ENGINEERING SERVICES TO ASSIST
115-GRANTEES WITH DESIGN REVIEW
116-, ENGINEERING ANALYSIS, FIRE AND FLOOD
117-SUPPORT
118-, CONSTRUCTION OVERSIGHT , FLUVIAL HAZARD ZONE PROGRAM
119-IMPLEMENTATION
120-, PROJECT MONITORING AND ADAPTIVE MANAGEMENT , AND
121-OVERALL PROGRAM MANAGEMENT
122-.
154+HE BOARD MAY USE UP TO FIVE PERCENT OF THE MONEY TO21
155+ADMINISTER THE GRANT PROGRAM AS SPECIFIED IN SUBSECTION (12)(a) OF22
156+THIS SECTION AND MAY USE UP TO TEN PERCENT FOR THE COSTS23
157+ASSOCIATED WITH PROVIDING NECESSARY TECHNICAL ENGINEERING24
158+SERVICES TO ASSIST GRANTEES WITH DESIGN REVIEW , ENGINEERING25
159+ANALYSIS, FIRE AND FLOOD SUPPORT, CONSTRUCTION OVERSIGHT, FLUVIAL26
160+HAZARD ZONE PROGRAM IMPLEMENTATION , PROJECT MONITORING AND27
161+1379
162+-4- ADAPTIVE MANAGEMENT , AND OVERALL PROGRAM MANAGEMENT .1
123163 (c) T
124-HE DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE
125-UPDATES REGARDING THE BOARD
126-'S ACTIVITIES UNDERTAKEN PURSUANT TO
127-THIS SUBSECTION
128-(12) IN ITS DEPARTMENTAL PRESENTATION TO LEGISLATIVE
129-COMMITTEES OF REFERENCE PURSUANT TO SECTION
130-2-7-203.
164+HE DEPARTMENT OF NATURAL RESOURCES SHALL INCLUDE2
165+UPDATES REGARDING THE BOARD 'S ACTIVITIES UNDERTAKEN PURSUANT3
166+TO THIS SUBSECTION (12) IN ITS DEPARTMENTAL PRESENTATION TO4
167+LEGISLATIVE COMMITTEES OF REFERENCE PURS UANT TO SECTION 2-7-203.5
131168 (d) T
132-HIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2027.
169+HIS SUBSECTION (12) IS REPEALED, EFFECTIVE JULY 1, 2027.6
133170 (13) T
134-HE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT TO
135-SECTION
136-24-75-228 (2.5)(a)(IV) FOR THE DIRECT AND INDIRECT COSTS OF
137-PROVIDING ASSISTANCE TO POLITICAL SUBDIVISIONS OF THE STATE AND
138-OTHER ENTITIES IN APPLYING FOR FEDERAL
139-"INFRASTRUCTURE INVESTMENT
140-AND
141-JOBS ACT", PUB.L. 117-58, MONEY AND OTHER FEDERALLY AVAILABLE
142-PAGE 3-HOUSE BILL 22-1379 MONEY RELATED TO WATER FUNDING OPPORTUNITIES .
171+HE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT7
172+TO SECTION 24-75-228 (2.5)(a)(IV) FOR THE DIRECT AND INDIRECT COSTS8
173+OF PROVIDING ASSISTANCE TO POLITICAL SUBDIVISIONS OF THE STATE AND9
174+OTHER ENTITIES IN APPLYING FOR FEDERAL "INFRASTRUCTURE10
175+I
176+NVESTMENT AND JOBS ACT", PUB.L. 117-58, MONEY AND OTHER11
177+FEDERALLY AVAILABLE MONEY RELATED TO WATER FUNDING12
178+OPPORTUNITIES.13
143179 (14) (a) T
144-HE BOARD SHALL USE THE MONEY TRANSFERRED PURSUANT
145-TO SECTION
146-24-75-228 (2.5)(a)(V) FOR BOTH:
180+HE BOARD SHALL USE THE MONEY TRANSFERRED14
181+PURSUANT TO SECTION 24-75-228 (2.5)(a)(V) FOR BOTH:15
147182 (I) I
148-SSUING GRANTS TO POLITICAL SUBDIVISIONS OF THE STATE OR
149-OTHER ENTITIES FOR THE HIRING OF TERM
150--LIMITED EMPLOYEES,
151-CONTRACTORS, OR BOTH THAT WILL ASSIST THOSE POLITICAL SUBDIVISIONS
152-AND OTHER ENTITIES IN APPLYING FOR FEDERAL
153-"INFRASTRUCTURE
154-INVESTMENT AND JOBS ACT", PUB.L. 117-58, MONEY AND OTHER
155-FEDERALLY AVAILABLE MONEY RELATED TO NATURAL RESOURCE
156-MANAGEMENT
157-; AND
158-(II) COVERING THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
159-ISSUING THE GRANTS DESCRIBED IN SUBSECTION
160- (14)(a)(I) OF THIS SECTION.
183+SSUING GRANTS TO POLITICAL SUBDIVISIONS OF THE STATE
184+OR16
185+OTHER ENTITIES FOR THE HIRING OF TERM -LIMITED EMPLOYEES,17
186+CONTRACTORS, OR BOTH THAT WILL ASSIST THOSE POLITICAL18
187+SUBDIVISIONS AND OTHER ENTITIES IN APPLYING FOR FEDERAL19
188+"I
189+NFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-58, MONEY20
190+AND OTHER FEDERALLY AVAILABLE MONEY RELATED TO NATURAL21
191+RESOURCE MANAGEMENT ; AND22
192+(II) C
193+OVERING THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH23
194+ISSUING THE GRANTS DESCRIBED IN SUBSECTION (14)(a)(I) OF THIS24
195+SECTION.25
161196 (b) T
162-HE BOARD MAY ADOPT POLICIES AND PROCEDURES AS
163-NECESSARY FOR IMPLEMENTING A GRANT PROGRAM NECESSARY TO AWARD
164-THE GRANTS DESCRIBED IN SUBSECTION
165- (14)(a) OF THIS SECTION.
166-SECTION 3. Appropriation. For the 2022-23 state fiscal year,
167-$15,000,000 is appropriated to the department of natural resources for use
168-by the Colorado water conservation board. This appropriation is from the
169-Colorado water conservation board construction fund created in section
170-37-60-121 (1)(a), C.R.S. To implement this act, the board may use this
171-appropriation for watershed restoration and flood mitigation project grants.
172-Any money appropriated in this section not expended prior to July 1, 2023,
173-is further appropriated to the board from July 1, 2023, through December
174-30, 2024, for the same purpose.
175-SECTION 4. Safety clause. The general assembly hereby finds,
176-PAGE 4-HOUSE BILL 22-1379 determines, and declares that this act is necessary for the immediate
177-preservation of the public peace, health, or safety.
178-____________________________ ____________________________
179-Alec Garnett Steve Fenberg
180-SPEAKER OF THE HOUSE PRESIDENT OF
181-OF REPRESENTATIVES THE SENATE
182-____________________________ ____________________________
183-Robin Jones Cindi L. Markwell
184-CHIEF CLERK OF THE HOUSE SECRETARY OF
185-OF REPRESENTATIVES THE SENATE
186- APPROVED________________________________________
187- (Date and Time)
188- _________________________________________
189- Jared S. Polis
190- GOVERNOR OF THE STATE OF COLORADO
191-PAGE 5-HOUSE BILL 22-1379
197+HE BOARD MAY ADOPT POLICIES AND PROCEDURES AS26
198+NECESSARY FOR IMPLEMENTING A GRANT PROGRAM NECESSARY TO27
199+1379
200+-5- AWARD THE GRANTS DESCRIBED IN SUBSECTION (14)(a) OF THIS SECTION.1
201+SECTION 3. Appropriation. For the 2022-23 state fiscal year,2
202+$15,000,000 is appropriated to the department of natural resources for use3
203+by the Colorado water conservation board. This appropriation is from the4
204+Colorado water conservation board construction fund created in section5
205+37-60-121 (1)(a), C.R.S. To implement this act, the board may use this6
206+appropriation for watershed restoration and flood mitigation project7
207+grants. Any money appropriated in this section not expended prior to July8
208+1, 2023, is further appropriated to the board from July 1, 2023, through9
209+December 30, 2024, for the same purpose.10
210+SECTION 4. Safety clause. The general assembly hereby finds,11
211+determines, and declares that this act is necessary for the immediate12
212+preservation of the public peace, health, or safety.13
213+1379
214+-6-