SENATE BILL 22-151
BY SENATOR(S) Danielson and Story, Bridges, Buckner, Donovan,
Fields, Ginal, Hansen, Jaquez Lewis, Kolker, Lee, Liston, Moreno,
Pettersen, Priola, Rankin, Rodriguez, Winter, Fenberg;
also REPRESENTATIVE(S) McCluskie and Will, Roberts, Amabile,
Bernett, Bird, Boesenecker, Caraveo, Cutter, Esgar, Exum, Froelich,
Gonzales-Gutierrez, Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick,
McLachlan, Mullica, Ricks, Snyder, Titone, Valdez A., Valdez D.,
Woodrow, Young.
C
ONCERNING THE CREATION OF A CASH FUND FOR USE BY THE DEPARTMENT
OF TRANSPORTATION TO FUND PROJECTS THAT PROVIDE SAFE ROAD
CROSSINGS FOR CONNECTIVITY OF WILDLIFE AND THEREBY REDUCE
WILDLIFE
-VEHICLE COLLISIONS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) In Colorado, the department maintains over 23,000 miles of
highway, and daily seasonal movements of wildlife create a conflict that
results in nearly 4,000 vehicle crashes involving wildlife being reported to
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. law enforcement every year. These crashes result in injuries and fatalities
to humans and an estimated $80 million annually in property damage,
emergency response, and medical treatment. This figure does not include
the value of wildlife killed in vehicular collisions, the impact on the health
of wildlife populations, or the loss and fragmentation of the vibrant habitats
wildlife call home.
(b) Colorado boasts the largest rocky mountain elk herd in the world
and is also home to significant populations of other iconic big game species
such as mule deer, bighorn sheep, pronghorn, and moose, as well as
numerous other endemic wildlife species.
(c) Intact habitats and intact wildlife corridors that connect the
habitats are vital to ensuring that Colorado's wildlife populations continue
to thrive. Protecting wildlife corridors has been shown to improve the herd
vitality of big game species that are critical to Colorado's outdoor recreation
economy.
(d) Each year, the department's maintenance crews report moving
an average of 5,900 animals off the roadway. It is estimated that 2% of
Colorado's deer population is killed by wildlife-vehicle collisions every
year, equal to the total number of animals harvested each year through
hunting, without the economic and social benefits that hunting provides.
(e) Wildlife crossing structures built within important wildlife
corridors increase public safety and are highly effective at reducing
wildlife-vehicle collisions and the costs associated with those collisions. For
example, the 2016 Colorado Highway 9 mitigation project reduced
wildlife-vehicle collisions by 92% in the 5 years after its construction.
(f) There are currently 64 successful wildlife crossing projects
across Colorado, but the state, through the governor's office, the
department, the department of natural resources, and other entities, has
identified many more priority areas in need of mitigation measures that lack
the necessary funding to advance through design and construction.
(g) Federal legislation to increase funding available for
wildlife-vehicle collision mitigation and to protect wildlife corridors has
been signed by the president of the United States, and such legislation will
contribute significant resources and competitive grants to highway safety
PAGE 2-SENATE BILL 22-151 projects and provide a source of funding to the state to protect wildlife
corridors and pursue highway mitigation projects.
(h) Protecting wildlife habitats and wildlife corridors requires
significant financial investments, and the effectiveness and cost-efficiency
of all of the existing efforts in the state will be enhanced by a
comprehensive and coordinated effort through funding for department
projects. The Colorado wildlife safe passages fund created in the act will
proactively prepare the department to take advantage of maximal federal
funding opportunities in the coming months and years.
SECTION 2. In Colorado Revised Statutes, add part 14 to article
4 of title 43 as follows:
PART 14
COLORADO WILDLIFE SAFE PASSAGES
43-4-1401. Definitions. A
S USED IN THIS PART 14, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
LLIANCE" MEANS THE COLORADO WILDLIFE AND
TRANSPORTATION ALLIANCE ESTABLISHED IN
2018 AND MADE UP OF THE
DEPARTMENT
, THE DIVISION, TRIBAL GOVERNMENTS, FEDERAL AGENCIES,
AND NONGOVERNMENTAL PARTNERS REPRESENTING ACADEMIA , NONPROFIT
ORGANIZATIONS
, AND BIOLOGICAL AND ENGINEERING SCIENCES .
(2) "D
EPARTMENT" MEANS THE DEPARTMENT OF TRANSPORTATION .
(3) "D
IVISION" MEANS THE DIVISION OF PARKS AND WILDLIFE IN THE
DEPARTMENT OF NATURAL RESOURCES CREATED IN SECTION
33-9-104 (1).
(4) "F
UND" MEANS THE COLORADO WILDLIFE SAFE PASSAGES FUND
CREATED IN SECTION
43-4-1402 (1).
(5) "P
ROJECT" MEANS A PROJECT BY THE DEPARTMENT FOR THE
PURPOSES SPECIFIED IN SECTION
43-4-1402 (3)(a)(I) AND (3)(a)(II).
(6) "W
ILDLIFE" HAS THE MEANING SET FORTH IN SECTION 33-1-102
(51).
PAGE 3-SENATE BILL 22-151 43-4-1402. Colorado wildlife safe passages fund - creation - use
of fund. (1) T
HE COLORADO WILDLIFE SAFE PASSAGES FUND IS HEREBY
CREATED IN THE STATE TREASURY
. THE FUND CONSISTS OF MONEY
TRANSFERRED FROM THE GENERAL FUND TO THE FUND PURSUANT TO
SUBSECTION
(4) OF THIS SECTION, ALL PRIVATE AND PUBLIC MONEY
RECEIVED THROUGH GIFTS
, GRANTS, OR DONATIONS THAT ARE TRANSMITTED
TO THE STATE TREASURER AND CREDITED TO THE FUND
, AND ANY OTHER
MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO
THE FUND
.
(2) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME
DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO
THE FUND
.
(3) (a) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
DEPARTMENT TO FUND PROJECTS THAT PROVIDE SAFE ROAD CROSSINGS FOR
CONNECTIVITY OF WILDLIFE AND REDUCE WILDLIFE
-VEHICLE COLLISIONS
AND ALSO FOR THE FOLLOWING PURPOSES
:
(I) F
OR THE FULL RANGE OF WILDLIFE CROSSING PROJECT NEEDS
INCLUDING
:
(A) P
ROJECTS IDENTIFIED ON THE DEPARTMENT 'S TEN-YEAR
PRIORITY PIPELINE PROJECTS LIST WITH WILDLIFE PASSAGE COMPONENTS OR
OTHER WILDLIFE PASSAGE OPPORTUNITIES IDENTIFIED BY THE DEPARTMENT
,
THE DIVISION, THE ALLIANCE, ANY BOARD OF COUNTY COMMISSIONERS , OR
ANY TRIBAL GOVERNMENT
; AND
(B) COSTS RELATED TO PROJECT FEASIBILITY STUDIES , PLANNING,
CONSTRUCTION, RETROFITTING, AND MAINTENANCE OF WILDLIFE ROAD
CROSSING INFRASTRUCTURE
; ROADKILL TRACKING AND STUDIES ; ANIMAL
DETECTION SYSTEMS
; SIGNAGE; EXCLUSIONARY FENCING; WILDLIFE JUMP
OUTS
; AND TO ASSIST WITH PRIVATE LAND CONSERVATION EFFORTS ;
(II) T
O PROVIDE MATCHING MONEY AS REQUIRED OF THE STATE BY
FEDERAL GRANT PROGRAMS RELATING TO WILDLIFE CROSSING PROJECTS
;
AND
(III) FOR ADMINISTRATIVE AND PERSONNEL EXPENSES RELATED TO
THE PURPOSES FOR THE FUND SET FORTH IN THIS SECTION
.
PAGE 4-SENATE BILL 22-151 (b) THE DEPARTMENT SHALL:
(I) C
ONSULT WITH THE DIVISION AND THE ALLIANCE CONCERNING
THE DISTRIBUTION OF MONEY FROM THE FUND FOR THE PURPOSES SPECIFIED
IN THIS SECTION AND
, IF THE MONEY IS DISTRIBUTED TO A PROJECT ON OR
ADJACENT TO TRIBAL LAND
, ALSO CONSULT WITH THE TRIBAL GOVERNMENT ;
(II) P
RIORITIZE THE DEPARTMENT'S TEN-YEAR PRIORITY PIPELINE
PROJECTS WITH WILDLIFE COMPONENTS
, THE 2019 WESTERN SLOPE WILDLIFE
PRIORITIZATION STUDY
, AND ANY SUBSEQUENT STUDIES CONCERNING THE
PRIORITIZATION OF WILDLIFE WITHIN THE STATE WHEN REVIEWING PROJECTS
TO RECEIVE MONEY FROM THE FUND
; AND
(III) CONSIDER DISTRIBUTING MONEY FROM THE FUND TO PROJECTS
TO FILL FUNDING GAPS FOR WILDLIFE ROAD CROSSINGS AND CONNECTIVITY
THAT ARE NOT OTHERWISE BUDGETED OR REQUIRED FOR PROJECTS UNDER
OTHER FEDERAL OR STATE OBLIGATION
.
(4) O
N SEPTEMBER 1, 2022, THE STATE TREASURER SHALL TRANSFER
FIVE MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND FOR USE BY
THE DEPARTMENT AS SET FORTH IN SUBSECTION
(3) OF THIS SECTION.
(5) T
HE DEPARTMENT SHALL REPORT ANNUALLY TO THE GOVERNOR 'S
OFFICE
, THE DEPARTMENT OF NATURAL RESOURCES , THE DIVISION, THE
ALLIANCE
, AND GREAT OUTDOORS COLORADO REGARDING ITS
EXPENDITURES FROM THE FUND INCLUDING
, AT A MINIMUM:
(a) A
N AGGREGATE ACCOUNTING OF ALL MONEY EXPENDED FROM
THE FUND DURING THE PRIOR FISCAL YEAR
; AND
(b) A LISTING OF ALL PROJECTS RECEIVING FUNDING FROM THE FUND
AND THE AMOUNT OF FUNDING FOR EACH PROJECT DURING THE PRIOR FISCAL
YEAR
.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
PAGE 5-SENATE BILL 22-151 unless approved by the people at the general election to be held in
November 2022 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Alec Garnett
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-SENATE BILL 22-151