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. 22-0360.01 Megan McCall x4215
SENATE BILL 22-151
Senate Committees House Committees
Transportation & Energy State, Civic, Military, & Veterans Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF A CASH FUND FOR USE BY THE101
DEPARTMENT OF TRANSPORTATION TO FUND PROJECTS THAT102
PROVIDE SAFE ROAD CROSSINGS FOR CONNECTIVITY OF103
WILDLIFE AND THEREBY REDUCE WILDLIFE -VEHICLE104
COLLISIONS.105
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 creates the Colorado wildlife safe passages cash fund
(fund) within the state treasury for use by the department of transportation
HOUSE
2nd Reading Unamended
May 5, 2022
SENATE
3rd Reading Unamended
May 3, 2022
SENATE
Amended 2nd Reading
May 2, 2022
SENATE SPONSORSHIP
Danielson and Story, Bridges, Buckner, Donovan, Fenberg, Fields, Ginal, Hansen, Jaquez
Lewis, Kolker, Lee, Liston, Moreno, Pettersen, Priola, Rankin, Rodriguez, Winter
HOUSE SPONSORSHIP
McCluskie and Will, Roberts
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. (department) to provide funding for projects by the department that
provide safe road crossings for connectivity of wildlife and that reduce
wildlife-vehicle collisions. The department must consult with the division
of parks and wildlife and the Colorado wildlife and transportation alliance
regarding the disbursement of money from the fund and must annually
report on the disbursement of such money.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
hereby finds and declares that:3
(a) In Colorado, the department maintains over 23,000 miles of4
highway, and daily seasonal movements of wildlife create a conflict that5
results in nearly 4,000 vehicle crashes involving wildlife being reported6
to law enforcement every year. These crashes result in injuries and7
fatalities to humans and an estimated $80 million annually in property8
damage, emergency response, and medical treatment. This figure does not9
include the value of wildlife killed in vehicular collisions, the impact on10
the health of wildlife populations, or the loss and fragmentation of the11
vibrant habitats wildlife call home.12
(b) Colorado boasts the largest rocky mountain elk herd in the13
world and is also home to significant populations of other iconic big game14
species such as mule deer, bighorn sheep, pronghorn, and moose, as well15
as numerous other endemic wildlife species.16
(c) Intact habitats and intact wildlife corridors that connect the17
habitats are vital to ensuring that Colorado's wildlife populations continue18
to thrive. Protecting wildlife corridors has been shown to improve the19
herd vitality of big game species that are critical to Colorado's outdoor20
recreation economy.21
(d) Each year, the department's maintenance crews report moving22
151-2- an average of 5,900 animals off the roadway. It is estimated that 2% of1
Colorado's deer population is killed by wildlife-vehicle collisions every2
year, equal to the total number of animals harvested each year through3
hunting, without the economic and social benefits that hunting provides. 4
(e) Wildlife crossing structures built within important wildlife5
corridors increase public safety and are highly effective at reducing6
wildlife-vehicle collisions and the costs associated with those collisions.7
For example, the 2016 Colorado Highway 9 mitigation project reduced8
wildlife-vehicle collisions by 92% in the 5 years after its construction.9
(f) There are currently 64 successful wildlife crossing projects10
across Colorado, but the state, through the governor's office, the11
department, the department of natural resources, and other entities, has12
identified many more priority areas in need of mitigation measures that13
lack the necessary funding to advance through design and construction.14
(g) Federal legislation to increase funding available for15
wildlife-vehicle collision mitigation and to protect wildlife corridors has16
been signed by the president of the United States, and such legislation17
will contribute significant resources and competitive grants to highway18
safety projects and provide a source of funding to the state to protect19
wildlife corridors and pursue highway mitigation projects.20
(h) Protecting wildlife habitats and wildlife corridors requires21
significant financial investments, and the effectiveness and22
cost-efficiency of all of the existing efforts in the state will be enhanced23
by a comprehensive and coordinated effort through funding for24
department projects. The Colorado wildlife safe passages fund created in25
the act will proactively prepare the department to take advantage of26
maximal federal funding opportunities in the coming months and years.27
151
-3- SECTION 2. In Colorado Revised Statutes, add part 14 to article1
4 of title 43 as follows:2
PART 143
COLORADO WILDLIFE SAFE PASSAGES4
43-4-1401. Definitions. A
S USED IN THIS PART 14, UNLESS THE5
CONTEXT OTHERWISE REQUIRES :6
(1) "A
LLIANCE" MEANS THE COLORADO WILDLIFE AND7
TRANSPORTATION ALLIANCE ESTABLISHED IN 2018 AND MADE UP OF THE8
DEPARTMENT, THE DIVISION, TRIBAL GOVERNMENTS, FEDERAL AGENCIES,9
AND NONGOVERNMENTAL PARTNERS REPRESENTING ACADEMIA ,10
NONPROFIT ORGANIZATIONS , AND BIOLOGICAL AND ENGINEERING11
SCIENCES.12
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF13
TRANSPORTATION.14
(3) "D
IVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN15
THE DEPARTMENT OF NATURAL RESOURCES CREATED IN SECTION 33-9-10416
(1).17
(4) "F
UND" MEANS THE COLORADO WILDLIFE SAFE PASSAGES FUND18
CREATED IN SECTION 43-4-1402 (1).19
(5) "P
ROJECT" MEANS A PROJECT BY THE DEPARTMENT FOR THE20
PURPOSES SPECIFIED IN SECTION 43-4-1402 (3)(a)(I) AND (3)(a)(II).21
(6) "W
ILDLIFE" HAS THE MEANING SET FORTH IN SECTION 33-1-10222
(51).23
43-4-1402. Colorado wildlife safe passages fund - creation -24
use of fund. (1) T
HE COLORADO WILDLIFE SAFE PASSAGES FUND IS25
HEREBY CREATED IN THE STATE TREASURY . THE FUND CONSISTS OF26
MONEY TRANSFERRED FROM THE GENERAL FUND TO THE FUND PURSUANT27
151
-4- TO SUBSECTION (4) OF THIS SECTION, ALL PRIVATE AND PUBLIC MONEY1
RECEIVED THROUGH GIFTS , GRANTS, OR DONATIONS THAT ARE2
TRANSMITTED TO THE STATE TREA SURER AND CREDITED TO THE FUND ,3
AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE4
OR TRANSFER TO THE FUND.5
(2) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND6
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE7
FUND TO THE FUND.8
(3) (a) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO9
THE DEPARTMENT TO FUND PROJECTS THAT PROVIDE SAFE ROAD10
CROSSINGS FOR CONNECTIVITY OF WILDLIFE AND REDUCE11
WILDLIFE-VEHICLE COLLISIONS AND ALSO FOR THE FOLLOWING PURPOSES :12
(I) F
OR THE FULL RANGE OF WILDLIFE CROSSING PROJECT NEEDS13
INCLUDING:14
(A) P
ROJECTS IDENTIFIED ON THE DEPARTMENT 'S TEN-YEAR15
PRIORITY PIPELINE PROJECTS LIST WITH WILDLIFE PASSAGE COMPONENTS16
OR OTHER WILDLIFE PASSAGE OPPORTUNITIES IDENTIFIED BY THE17
DEPARTMENT, THE DIVISION, THE ALLIANCE, ANY BOARD OF C OUNTY18
COMMISSIONERS, OR ANY TRIBAL GOVERNMENT ; AND19
(B)
COSTS RELATED TO PROJECT FEASIBILITY STUDIES, PLANNING,20
CONSTRUCTION, RETROFITTING, AND MAINTENANCE OF WILDLIFE ROAD21
CROSSING INFRASTRUCTURE; ROADKILL TRACKING AND STUDIES; ANIMAL22
DETECTION SYSTEMS; SIGNAGE; EXCLUSIONARY FENCING; WILDLIFE JUMP23
OUTS; AND TO ASSIST WITH PRIVATE LAND CONSERVATION EFFORTS ;24
(II) T
O PROVIDE MATCHING MONEY AS REQUIRED OF THE STATE BY25
FEDERAL GRANT PROGRAMS RELATING TO WILDLIFE CROSSING PROJECTS ;26
AND27
151
-5- (III) FOR ADMINISTRATIVE AND PERSONNEL EXPENSES RELATED TO1
THE PURPOSES FOR THE FUND SET FORTH IN THIS SECTION .2
(b) T
HE DEPARTMENT SHALL:3
(I) C
ONSULT WITH THE DIVISION AND THE ALLIANCE CONCERNING4
THE DISTRIBUTION OF MONEY FROM THE FUND FOR THE PURPOSES5
SPECIFIED IN THIS SECTION AND, IF THE MONEY IS DISTRIBUTED TO A6
PROJECT ON OR ADJACENT TO TRIBAL LAND , ALSO CONSULT WITH THE7
TRIBAL GOVERNMENT;8
(II) P
RIORITIZE THE DEPARTMENT'S TEN-YEAR PRIORITY PIPELINE9
PROJECTS WITH WILDLIFE COMPONENTS , THE 2019 WESTERN SLOPE10
WILDLIFE PRIORITIZATION STUDY , AND ANY SUBSEQUENT STUDIES11
CONCERNING THE PRIORITIZATION OF WILDLIFE WITHIN THE STATE WHEN12
REVIEWING PROJECTS TO RECEIVE MONEY FROM THE FUND ; AND13
(III) C
ONSIDER DISTRIBUTING MONEY FROM THE FUND TO14
PROJECTS TO FILL FUNDING GAPS FOR WILDLIFE ROAD CROSSINGS AND15
CONNECTIVITY THAT AR E NOT OTHERWISE BUDGETED OR REQUIRED FOR16
PROJECTS UNDER OTHER FEDERAL OR STATE OBLIGATION .17
(4) O
N SEPTEMBER 1, 2022, THE STATE TREASURER SHALL18
TRANSFER FIVE
MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND19
FOR USE BY THE DEPARTMENT AS SET FORTH IN SUBSECTION (3) OF THIS20
SECTION.21
(5) T
HE DEPARTMENT SHALL REPORT ANNUALLY TO THE22
GOVERNOR'S OFFICE, THE DEPARTMENT OF NATURAL RESOURCES , THE23
DIVISION, THE ALLIANCE, AND GREAT OUTDOORS COLORADO REGARDING24
ITS EXPENDITURES FROM THE FUND INCLUDING , AT A MINIMUM:25
(a) A
N AGGREGATE ACCOUNTING OF ALL MONEY EXPENDED FROM26
THE FUND DURING THE PRIOR FISCAL YEAR ; AND27
151
-6- (b) A LISTING OF ALL PROJECTS RECEIVING FUNDING FROM THE1
FUND AND THE AM OUNT OF FUNDING FOR EACH PROJECT DURING THE2
PRIOR FISCAL YEAR.3
SECTION 3. Act subject to petition - effective date. This act4
takes effect at 12:01 a.m. on the day following the expiration of the5
ninety-day period after final adjournment of the general assembly; except6
that, if a referendum petition is filed pursuant to section 1 (3) of article V7
of the state constitution against this act or an item, section, or part of this8
act within such period, then the act, item, section, or part will not take9
effect unless approved by the people at the general election to be held in10
November 2022 and, in such case, will take effect on the date of the11
official declaration of the vote thereon by the governor.12
151
-7-