Colorado 2025 Regular Session

Colorado Senate Bill SB007 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0188.01 Caroline Martin x5902
8	8	SENATE BILL 25-007
9	9	Senate Committees House Committees
10	10	Agriculture & Natural Resources
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING SUPPORT TO INCREASE PRESCRIBED BURNS .101
14	14	Bill Summary
15	15	(Note: This summary applies to this bill as introduced and does
16	16	not reflect any amendments that may be subsequently adopted. If this bill
17	17	passes third reading in the house of introduction, a bill summary that
18	18	applies to the reengrossed version of this bill will be available at
19	19	http://leg.colorado.gov/
20	20	.)
21	21	Wildfire Matters Review Committee. Section 1 of the bill
22	22	creates the prescribed fire claims cash fund (fund) in the state treasury
23	23	and requires the treasurer to transfer $1 million to the fund. The division
24	24	of fire prevention and control (division) shall expend money from the
25	25	fund to pay claims that are certified by the division in accordance with
26	26	new guidelines as specified in the bill and as adopted by the director of
27	27	the division. The division shall authorize a payment in the amount
28	28	certified in a claim; except that the maximum payment that the division
29	29	SENATE SPONSORSHIP
30	30	Cutter and Marchman, Exum
31	31	HOUSE SPONSORSHIP
32	32	Velasco and Weinberg, Boesenecker, Mauro
33	33	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
34	34	Capital letters or bold & italic numbers indicate new material to be added to existing law.
35	35	Dashes through the words or numbers indicate deletions from existing law. may authorize is equal to 10% of the amount of money in the fund at the
36	36	time the claim is filed.
37	37	The division shall certify a claim that meets the following
38	38	guidelines:
39	39	! The claim demonstrates, in sufficient detail, the costs or
40	40	damages that resulted from the prescribed burn;
41	41	! The prescribed burn that resulted in the costs or damages
42	42	was conducted in full compliance with statutory and
43	43	regulatory requirements for prescribed burning;
44	44	! Before conducting the prescribed burn, the certified
45	45	prescribed burn manager registered the written prescription
46	46	plan for the prescribed burn with the division and paid an
47	47	administrative fee; and
48	48	! No more than 60 days have passed between the completion
49	49	of the prescribed burn and the date upon which costs and
50	50	damages were incurred.
51	51	The bill gives rule-making authority to the director of the division
52	52	to adopt rules and guidelines for the implementation and administration
53	53	of the program and permits the division to contract with a third-party to
54	54	administer, certify, and pay the claims. The bill also requires a claimant
55	55	who accepts a payment that covers the full amount certified in the claim
56	56	to waive all future claims related to the prescribed burn.
57	57	Sections 2 and 3 expand the definition of a "certified burner" in
58	58	the state to include an individual who has not completed the Colorado
59	59	division's training and certification program but who meets reciprocity
60	60	requirements and possesses a valid Colorado certification number. An
61	61	individual seeking certification through reciprocity may receive a
62	62	certification number from the division by:
63	63	! Applying for certification to the division, according to the
64	64	rules and standards of the division, including the payment
65	65	of any associated fee; and
66	66	! Submitting evidence to the division, according to the rules
67	67	and standards of the division, that the individual holds a
68	68	valid certification from a state government or other entity.
69	69	The director of the division, in consultation with the Colorado state
70	70	forest service, is required to adopt rules and standards pertaining to the
71	71	qualification for and the terms and durations of certification, including
72	72	through reciprocity.
73	73	Be it enacted by the General Assembly of the State of Colorado:1
74	74	SECTION 1. In Colorado Revised Statutes, add 24-33.5-1240 as2
75	75	follows:3
76	76	SB25-007-2- 24-33.5-1240. Prescribed fire claims cash fund - rules -1
77	77	definitions. (1) A
78	78	S USED IN THIS SECTION, UNLESS THE CONTEXT2
79	79	OTHERWISE REQUIRES:3
80	80	(a) "C
81	81	ERTIFIED PRESCRIBED BURN MANAGER " MEANS A CERTIFIED4
82	82	BURNER WHO IS REQUIRED BY SECTION 24-33.5-1217 (3)(a) TO ATTEND A5
83	83	PRESCRIBED BURN OR A PERSON QUALIFIED BY NATIONAL WILDFIRE6
84	84	COORDINATING GROUP STANDARDS AS A PRESCRIBED BURN BOSS AT THE7
85	85	LEVEL COMMENSURATE WITH THE COMPLEXITY OF THE BURN WHO IS8
86	86	REQUIRED BY SECTION 24-33.5-1217.5 (1)(c) TO BE PRESENT ON THE SITE9
87	87	OF A PRESCRIBED BURN.10
88	88	(b) "F
89	89	UND" MEANS THE PRESCRIBED FIRE CLAIMS CASH FUND11
90	90	CREATED IN SUBSECTION (2) OF THIS SECTION.12
91	91	(2) (a) T
92	92	HE PRESCRIBED FIRE CLAIMS CASH FUND IS CREATED IN13
93	93	THE STATE TREASURY. THE FUND CONSISTS OF MONEY TRANSFERRED TO14
94	94	THE FUND PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION, ANY GIFTS,15
95	95	GRANTS, AND DONATIONS THAT MAY BE RECEIVED FOR CREDITING TO THE16
96	96	FUND, AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY17
97	97	APPROPRIATE OR TRANSFER TO THE FUND . THE STATE TREASURER SHALL18
98	98	CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND19
99	99	INVESTMENT OF MONEY IN THE FUND TO THE FUND .20
100	100	(b) O
101	101	N JULY 1, 2025, THE STATE TREASURER SHALL TRANSFER ONE21
102	102	MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .22
103	103	(c) S
104	104	UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL23
105	105	ASSEMBLY, THE DIVISION SHALL EXPEND MONEY FROM THE FUND IN24
106	106	ACCORDANCE WITH THE FOLLOWING GUIDELINES :25
107	107	(I) T
108	108	HE DIVISION SHALL AUTHORIZE A PAYMENT FROM THE FUND26
109	109	TO A CLAIMANT WHO SUBMITS A CLAIM THAT THE DIVISION HAS CERTIFIED27
110	110	SB25-007
111	111	-3- IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION;1
112	112	(II) T
113	113	HE DIVISION SHALL AUTHORIZE A PAYMENT IN THE AMOUNT2
114	114	CERTIFIED IN THE CLAIM; EXCEPT THAT THE MAXIMUM PAYMENT THAT THE3
115	115	DIVISION MAY AUTHORIZE FOR A CERTIFIED CLAIM ARISING FROM ANY4
116	116	SINGULAR PRESCRIBED BURN IS EQUAL TO TEN PERCENT OF THE AMOUNT5
117	117	OF MONEY IN THE FUND AT THE TIME THE CLAIM IS FILED; AND6
118	118	(III) T
119	119	HE DIVISION SHALL MAKE EVERY EFFORT TO AUTHORIZE A7
120	120	PAYMENT IN THE AMOUNT CERTIFIED IN THE CLAIM BEFORE ANY OTHER8
121	121	CLAIM RELATED TO THE SAME PRESCRIBED BURN IS PROCESSED BY9
122	122	ANOTHER INSURER.10
123	123	(3) T
124	124	HE DIVISION SHALL CERTIFY A CLAIM RELATED TO A11
125	125	PRESCRIBED BURN THAT MEETS ALL THE FOLLOWING REQUIREMENTS :12
126	126	(a) T
127	127	HE CLAIM DEMONSTRATES, IN SUFFICIENT DETAIL, THE COSTS13
128	128	ASSOCIATED WITH SUPPRESSION AND ANY OTHER COSTS OR DAMAGES14
129	129	THAT RESULTED FROM A PRESCRIBED BURN ;15
130	130	(b) T
131	131	HE PRESCRIBED BURN THAT RESULTED IN THE CLAIM WAS16
132	132	CONDUCTED IN FULL COMPLIANCE WITH SECTIONS 24-33.5-1217 AND17
133	133	24-33.5-1217.5
134	134	AND WITH ALL OTHER RULES AND STANDARDS ADOPTED18
135	135	BY THE DIRECTOR IN ACCORDANCE WITH THOSE SECTIONS .19
136	136	(c) (I) B
137	137	EFORE CONDUCTING THE PRESCRIBED BURN , THE20
138	138	CERTIFIED PRESCRIBED BURN MANAGER REGISTERED THE WRITTEN21
139	139	PRESCRIPTION PLAN REQUIRED BY SECTION 24-33.5-1217.5 (1)(a) WITH22
140	140	THE DIVISION AND PAID AN ADMINISTRATIVE FEE OF ONE HUNDRED23
141	141	DOLLARS OR A GREATER AMOUNT AS ESTABLISHED BY THE DIVISION24
142	142	PURSUANT TO SUBSECTION (3)(c)(II) OF THIS SECTION TO THE DIVISION.25
143	143	(II) T
144	144	HE DIVISION MAY INCREASE THE AMOUNT OF THE26
145	145	ADMINISTRATIVE FEE SET FORTH IN SUBSECTION (3)(c)(I) OF THIS SECTION27
146	146	SB25-007
147	147	-4- BASED ON THE COMPLEXITY AND UNIQUE CHARACTERISTICS OF A1
148	148	PRESCRIBED BURN. THE DIRECTOR MAY ADOPT RULES OR GUIDELINES TO2
149	149	SET THE AMOUNT OF THE FEE.3
150	150	(d) N
151	151	O MORE THAN SIXTY DAYS HAVE PASSED BETWEEN THE DATE4
152	152	UPON WHICH THE PRESCRIBED BURN WAS COMPLETED , AS DETERMINED BY5
153	153	THE CERTIFIED PRESCRIBED BURN MANAGER , AND THE DATE UPON WHICH6
154	154	THE RESULTING COSTS AND DAMAGES SPECIFIED IN THE CLAIM WERE7
155	155	INCURRED; EXCEPT THAT THE DIRECTOR MAY ADOPT RULES AND8
156	156	GUIDELINES RELATED TO HOLDOVER FIRES AND OTHER UNIQUE FIRE9
157	157	CHARACTERISTICS.10
158	158	(4) T
159	159	HE DIRECTOR MAY ADOPT RULES AND GUIDELINES FOR THE11
160	160	IMPLEMENTATION AND ADMINISTRATION OF THIS SECTION .12
161	161	(5) U
162	162	PON ACCEPTING A PAYMENT AUTHORIZED BY THE DIVISION13
163	163	THAT COVERS THE FULL AMOUNT OF COSTS AND DAMAGES CERTIFIED IN14
164	164	THE CLAIM, A CLAIMANT SHALL WAIVE ALL FUTURE CLAIMS RELATED TO15
165	165	THE PRESCRIBED BURN.16
166	166	(6) T
167	167	HE DIVISION MAY CONTRACT WITH A THIRD -PARTY TO17
168	168	ADMINISTER, CERTIFY, AND PAY THE CLAIMS.18
169	169	SECTION 2. In Colorado Revised Statutes, 24-33.5-1202,19
170	170	amend (2.3) as follows:20
171	171	24-33.5-1202. Definitions. As used in this part 12, unless the21
172	172	context otherwise requires:22
173	173	(2.3) "Certified burner" means an individual who
174	174	EITHER23
175	175	successfully completes the division's certified burner training and24
176	176	certification program
177	177	OR MEETS THE REQUIREMENTS FOR RECIPROCITY25
178	178	DESCRIBED IN SECTION 24-33.5-1217 (2.5) and WHO possesses a valid26
179	179	certification number.27
180	180	SB25-007
181	181	-5- SECTION 3. In Colorado Revised Statutes, 24-33.5-1217,1
182	182	amend (2) introductory portion, (2)(b), (2)(e), (2)(f), (5)(a) introductory2
183	183	portion, (5)(a)(II)(A), and (10); and add (2)(g) and (2.5) as follows:3
184	184	24-33.5-1217. Prescribed burning program - training and4
185	185	certification of certified burners - rules - fees. (2) The training and5
186	186	certification standards adopted under this section shall MUST:6
187	187	(b) Establish requirements for certified burners to conduct lawful7
188	188	activities pursuant to authorization under section 18-13-109 (2)(b)(IV),8
189	189	C.R.S., regarding firing of woods or prairie;9
190	190	(e) Establish training standards for certified burners and utilize all10
191	191	means available to make the certified burner training as accessible as11
192	192	possible; and12
193	193	(f) Clearly identify preexisting fees, permit requirements,13
194	194	liabilities, liability exemptions, and penalties for prescribed burn14
195	195	personnel and landowners, including those specified in sections 25-7-10615
196	196	(7) and (8) and 25-7-123; C.R.S. AND16
197	197	(g) A
198	198	LLOW FOR AN INDIVIDUAL WHO MEETS THE RECIPROCITY17
199	199	REQUIREMENTS DESCRIBED IN SUBSECTION (2.5) OF THIS SECTION TO18
200	200	APPLY FOR AND RECEIVE A STATE CERTIFICATION NUMBER .19
201	201	(2.5) (a) A
202	202	N INDIVIDUAL WHO MEETS THE RECIPROCITY20
203	203	REQUIREMENTS DESCRIBED IN THIS SUBSECTION (2.5) MAY QUALIFY FOR21
204	204	CERTIFICATION AS A CERTIFIED BURNER.22
205	205	(b) T
206	206	O RECEIVE A VALID CERTIFICATION NUMBER FROM THE23
207	207	DIVISION, THE INDIVIDUAL MUST:24
208	208	(I) A
209	209	PPLY FOR CERTIFICATION TO THE DIVISION, ACCORDING TO25
210	210	THE RULES AND STANDARDS OF THE DIVISION , INCLUDING THE PAYMENT26
211	211	OF ANY ASSOCIATED FEE; AND27
212	212	SB25-007
213	213	-6- (II) SUBMIT EVIDENCE TO THE DIVISION, ACCORDING TO THE RULES1
214	214	AND STANDARDS OF THE DIVISION, THAT THE INDIVIDUAL HOLDS A VALID2
215	215	CERTIFICATION FROM A STATE GOVERNMENT OR OTHER ENTITY .3
216	216	(5) (a) The director, in consultation with the Colorado state forest4
217	217	service described in part 3 of article 31 of title 23 C.R.S., and in5
218	218	accordance with article 4 of this title TITLE 24:6
219	219	(II) Shall adopt rules and standards:7
220	220	(A) Pertaining to the training and certification of certified burners,8
221	221	including training components; application processes; qualification for9
222	222	and terms and durations of certification,
223	223	INCLUDING THROUGH10
224	224	RECIPROCITY; types of certification, if applicable; grounds and processes11
225	225	for renewal, suspension, and revocation of certifications; and training,12
226	226	certification, and renewal fees; and13
227	227	(10) Notwithstanding any other provision of law:14
228	228	(a) In performing the duties assigned to him or her
229	229	THE DIRECTOR15
230	230	under subsections (5) and (6) of this section, the director shall consult16
231	231	with the Colorado state forest service as described in part 3 of article 3117
232	232	of title 23. C.R.S.18
233	233	(b) The prescribed burning standards adopted by the director19
234	234	pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a)20
235	235	of subsection (5) SUBSECTION (5)(a)(II)(B) of this section shall MUST be21
236	236	consistent with existing laws and processes that ban, regulate, or have22
237	237	developed recommendations concerning open burning, including sections23
238	238	18-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III),24
239	239	25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124. C.R.S.25
240	240	(c) Nothing in this section or section 24-33.5-1217.5 or26
241	241	24-33.5-1217.7 shall be construed to affect AFFECTS the authority of a27
242	242	SB25-007
243	243	-7- county government to develop or administer an open burning permit1
244	244	system for the purpose of safely disposing of slash in accordance with the2
245	245	provisions of section 30-15-401 (1)(n.5). C.R.S.3
246	246	SECTION 4. Safety clause. The general assembly finds,4
247	247	determines, and declares that this act is necessary for the immediate5
248	248	preservation of the public peace, health, or safety or for appropriations for6
249	249	the support and maintenance of the departments of the state and state7
250	250	institutions.8
251	251	SB25-007
252	252	-8-