Colorado State University

C.R.S. tit. 23, art. 31

in effect

C.R.S. § 23-31-101 University established - role and mission

23-31-101. University established - role and mission. There is hereby established a university at Fort Collins to be known as Colorado state university. Colorado state university shall be a comprehensive graduate research university with selective admission standards offering a comprehensive array of baccalaureate, master's, and doctoral degree programs. Consistent with the tradition of land grant universities, Colorado state university has exclusive authority to offer graduate and undergraduate programs in agriculture, forestry, natural resources, and veterinary medicine. The Colorado commission on higher education, in consultation with the board of governors of the Colorado state university system, shall designate those graduate level programs that are the primary responsibility of Colorado state university. Colorado state university has the responsibility to provide on a statewide basis, utilizing when possible and appropriate the faculty and facilities of other educational institutions, those graduate level programs. The commission shall include in its funding recommendations a level of general fund support for these programs.

C.R.S. § 23-31-102 Name changed

23-31-102. Name changed. The agricultural college at Fort Collins, declared to be an institution of the state by section 5 of article VIII of the state constitution as said section existed prior to January 11, 1973, and designated under the name and title of the "Colorado agricultural and mechanical college" by section 124-10-1, CRS 53, after May 1, 1957, shall be designated under the name and title of the "Colorado state university". The legal effect of any statute prior to May 1, 1957, designating such institution by any other name, or property rights acquired and obligations incurred prior to May 1, 1957, under any other name, shall not be impaired hereby.

C.R.S. § 23-31-103 Board to control college and lands

23-31-103. Board to control college and lands. The board of governors of the Colorado state university system has the general control and supervision of the Colorado state university and lands and the use thereof, which may be vested in the university by state or national legislation and of all appropriations made by the state for the support of the same. The board has plenary power to adopt all such ordinances, bylaws, and regulations, not in conflict with the law, as they may deem necessary to secure the successful operation of the university and promote the designed objects.

C.R.S. § 23-31-104 Who shall constitute faculty

23-31-104. Who shall constitute faculty. The president and the faculty shall constitute the faculty of the Colorado state university.

C.R.S. § 23-31-105 Duty of faculty

23-31-105. Duty of faculty. The faculty shall have the responsibility for making academic policy and governing the academic affairs of the Colorado state university.

C.R.S. § 23-31-106 President - duties

23-31-106. President - duties. The president shall be chief executive officer of the Colorado state university, and it is his or her duty to see that the rules and regulations of the board of governors of the Colorado state university system and the faculty are observed and executed.

C.R.S. § 23-31-107 President may remove officers

23-31-107. President may remove officers. The subordinate officers and employees, not members of the faculty, shall be under the direction of the president and removable at his or her discretion. The president may fill vacancies of such subordinate officers and employees subject to his or her personnel power.

C.R.S. § 23-31-108 President may be professor

23-31-108. President may be professor. The president may or may not perform the duties of a professor, as the board of governors of the Colorado state university system shall determine.

C.R.S. § 23-31-109 Report of experimental operations

23-31-109. Report of experimental operations. All agricultural operations shall be carried on experimentally for the instruction of the students and with a view to the improvement of the science of agriculture in the state of Colorado. Such reports as may be required by the board of governors of the Colorado state university system shall be submitted in accordance with the directions of the board.

C.R.S. § 23-31-110 Pledge of income from facilities or equipment

23-31-110. Pledge of income from facilities or equipment. (1) The board of governors of the Colorado state university system, designated in this section as the "board", is authorized to enter into a contract for the advancement of moneys for the acquisition of facilities or equipment, or both, for the Colorado state university auditorium-gymnasium, and in connection with or as a part of such contract to pledge the net income, or any part of such net income, to be derived from such facilities or equipment, or both, so acquired, and to pledge special student fees assessed for the purpose of financing such facilities or equipment, or both, as security for the repayment of the moneys advanced therefor, together with interest thereon. For the same purpose, the board is also authorized to pledge the net income derived from any similar facility or equipment, or portion thereof, which was not acquired with moneys appropriated to Colorado state university, if such net income derived from such similar facility or equipment, or portion thereof, is unpledged or, if pledged, is currently in excess of the amount required to amortize the advancements and interest thereon for which such net income has been obligated. (2) The board shall not pledge the general income of Colorado state university or create any mortgage upon property belonging to such institution or obligate the state of Colorado for the purpose of repaying or receiving any funds raised or advanced under the provisions of this section. (3) Any advancement of moneys may be evidenced by revenue bonds or warrants to be executed by and on behalf of Colorado state university and containing such terms and provisions, including provisions for redemption prior to maturity and a maximum net effective interest rate, as may be determined by the board. Such revenue bonds or warrants shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate fixed, which interest shall be payable semiannually or annually. Such revenue bonds or warrants may be sold at less than par, but they may not be sold at a price such that the net effective interest rate of the issue of bonds or warrants exceeds the maximum net effective interest rate fixed. Any such revenue bonds or warrants may be refunded if in the judgment of the board such refunding is to the best interests of the university. (4) If the net income derived from such facilities or equipment so acquired under the provisions of this section exceeds the amount required for the amortization of any advancement made therefor, together with interest thereon, the board may apply such surplus to the redemption of such securities prior to maturity of such securities according to redemption provisions thereof, or such surplus net income may be used by the board for the purposes of altering or adding to any existing equipment or facilities acquired pursuant to the provisions of this section. (5) All obligations and the income therefrom shall be exempt from taxation, except inheritance, estate, and transfer taxes.

C.R.S. § 23-31-111 Rents or charges for buildings and facilities for research

23-31-111. Rents or charges for buildings and facilities for research. The board of governors of the Colorado state university system is authorized to contract for or impose and collect rents or charges for the use of university buildings and facilities for research, including research conducted by or under the auspices of Colorado state university. Such rents or charges shall be at a level reasonably calculated to return or amortize the cost of such buildings and facilities within a reasonable period not exceeding the life of such buildings and facilities; but such user charges or rents may not be imposed and collected in such a manner as to require payment directly or indirectly from the state general fund, tuition receipts, or student fees.

C.R.S. § 23-31-112 Research building revolving fund - appropriation of fund

23-31-112. Research building revolving fund - appropriation of fund. There is established in the office of the state treasurer a fund to be known as the Colorado state university research building revolving fund, and there shall be credited to said fund the user charges or rents authorized by section 23-31-111 and imposed by the board of governors of the Colorado state university system, specific appropriations or grants or gifts made to said fund, the proceeds of the sale of anticipation warrants authorized by this section and sections 23-31-111 and 23-31-113, and the proceeds from the issuance and sale of bonds pursuant to section 23-31-117. No payments from student fees, tuition receipts, or general funds shall be deposited in the research building revolving fund. All interest earned on the investment of moneys in the fund shall be credited to the fund and shall be a part of the fund, and such moneys shall not be transferred or credited to the general fund or to any other fund. All such moneys so credited to said fund are appropriated to Colorado state university for the payment of maintenance and operating costs for its research buildings and facilities and for planning, constructing, acquiring, renovating, and equipping research buildings and facilities, wherever located in the state of Colorado, for Colorado state university. Any such buildings and facilities shall be related to the research mission of the university.

C.R.S. § 23-31-113 Anticipation warrants

23-31-113. Anticipation warrants. The state treasurer is authorized to issue anticipation warrants in such amounts as requested by the board of governors of the Colorado state university system, the total amount of which shall not exceed one million dollars, to be repaid exclusively from the user revenues accruing to the Colorado state university research building revolving fund as provided in this section and sections 23-31-111 and 23-31-112. The anticipation warrants shall not be sold at a price less than the face value thereof. Disbursements from said fund shall be only by warrant upon vouchers certified by the board of governors of the Colorado state university system.

C.R.S. § 23-31-114 Purchase of anticipation warrants

23-31-114. Purchase of anticipation warrants. It is lawful for any public entity, as defined in section 24-75-601 (1), C.R.S., to purchase anticipation warrants issued in pursuance of section 23-31-113 if such warrants satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.; but not to exceed twenty percent of the total of any specific fund of such public entity shall be invested in such warrants.

C.R.S. § 23-31-115 Warrants as security - when

23-31-115. Warrants as security - when. Anticipation warrants issued in pursuance of this section and sections 23-31-111 to 23-31-114, 23-31-116, and 23-31-117 may be used as security for any depository bond or obligation where any kind of bonds or other securities must or may, by law, be deposited as security.

C.R.S. § 23-31-116 Tax exemption

23-31-116. Tax exemption. Any anticipation warrants issued pursuant to the provisions of section 23-31-113 by the board of governors of the Colorado state university system shall be exempt from taxation for state, county, school district, special district, municipal, or any other purpose in the state of Colorado.

C.R.S. § 23-31-117 Borrowing funds

23-31-117. Borrowing funds. (1) For the purposes described in section 23-31-112, the board of governors of the Colorado state university system is authorized to: (a) Enter into contracts with any person, corporation, or state or federal government agency for the advancement of money for such purposes and providing for the repayment of such advances with interest from the Colorado state university research building revolving fund; and (b) Issue bonds as provided in this section. (2) (a) Any bonds issued pursuant to this section shall mature at such time or times, shall bear or accrue interest at such rate or rates, and shall otherwise be sold and issued in such manner and on such terms as provided by the board of governors of the Colorado state university system. (b) Such bonds shall be payable exclusively from, and shall be secured by a pledge of, the Colorado state university research building revolving fund created in section 23-31-112. (c) The authority contained in this section to issue bonds shall be in addition to the authority granted to the board of governors of the Colorado state university system to issue anticipation warrants pursuant to section 23-31-113; except that nothing in this section shall be construed to authorize the issuance of bonds if by such issuance the obligation of any contract entered into with respect to any outstanding anticipation warrants would thereby be impaired. (d) Any bonds issued pursuant to this section shall be exempt from taxation for state, county, school district, special district, municipal, or other purposes in the state of Colorado. (e) Bonds issued pursuant to the provisions of this section shall not constitute a debt or an indebtedness of the state within the meaning of any applicable provision of the state constitution or state statutes.

C.R.S. § 23-31-118 Advancement of moneys and pledge of income

23-31-118. Advancement of moneys and pledge of income. (1) The board of governors of the Colorado state university system, designated in this section as the "board", is authorized to enter into contracts for the advancement of moneys for the construction and acquisition of facilities or equipment, or both, for the Colorado state university veterinary medicine hospital, or any part thereof, and, in connection with or as a part of such contracts, to pledge revenues from a special hospital fee that the board shall collect pursuant to agreements entered into with or with respect to each accountable student as security for the repayment of the moneys advanced therefor, together with interest thereon. The maximum number of accountable students at any given time shall not exceed three hundred eight; except that, should the total enrollment in the professional veterinary medicine program exceed five hundred forty-eight head-count students, additional accountable students may not exceed forty-five percent of each admitted class. For purposes of this section, an "accountable student" is a person who, as of the date of his or her selection for admission into the professional veterinary medicine program, is not receiving funding, either from the state of Colorado or from a state that has entered into a cooperative agreement with the state of Colorado pursuant to section 24-60-601, C.R.S., for all or any portion of the costs incurred in participating in the professional veterinary medicine program. An agreement shall be entered into with or with respect to each accountable student, and each such agreement shall provide that, as a condition to that student's continued enrollment in the professional veterinary medicine program, there shall be paid annually by or on behalf of the student the special hospital fee provided for in this section, which fee shall be fixed by the board annually in an amount sufficient to meet the obligation authorized by this section. (2) The board shall annually assess each cooperative state or accountable student a support fee to reimburse Colorado for instructional costs. This support fee includes an equipment and renovation fee of one thousand one dollars assessed to each cooperative state or accountable student for acquisition or replacement of equipment and for renovation. Colorado shall share proportionately in the acquisition or replacement of equipment and renovation projects. The amount to be paid by Colorado shall be determined by the annual ratio of Colorado students to accountable students based upon beginning enrollment of each school year. The fee required to be collected pursuant to this subsection (2) is based on a student's status as an "accountable student" at the time of selection for admission into the professional veterinary medicine program and shall not be reduced or waived regardless of the student's status as an in-state student, pursuant to the provisions of section 23-7-103, at any time during the student's participation in the professional veterinary medicine program. (3) The board shall not pledge any income of the university except that authorized in subsection (1) of this section and shall not create any mortgage upon property belonging to such institution or obligate the state of Colorado for the purpose of repaying or receiving any funds raised or advanced under the provisions of this section. participation in the professional veterinary medicine program. (3) The board shall not pledge any income of the university except that authorized in subsection (1) of this section and shall not create any mortgage upon property belonging to such institution or obligate the state of Colorado for the purpose of repaying or receiving any funds raised or advanced under the provisions of this section. (4) Any advancement of moneys, not to exceed two million five hundred thousand dollars, may be evidenced by revenue bonds or anticipation warrants to be executed by the board for and on behalf of Colorado state university and containing such terms and provisions, including provisions for adequate reserves and for redemption prior to maturity and a maximum net effective interest rate, as may be determined by the board. Such revenue bonds or anticipation warrants shall bear interest at a rate such that the net effective interest rate of the issue of bonds or anticipation warrants does not exceed the maximum net effective interest rate fixed, which interest shall be payable semiannually or annually. Such revenue bonds or warrants may be sold at less than par, but they may not be sold at a price such that the net effective interest rate of the issue of bonds or warrants exceeds the maximum net effective interest rate fixed. Any such revenue bonds or warrants may be refunded pursuant to article 54 of title 11, C.R.S., if in the judgment of the board such refunding is to the best interests of the university. (5) If the sources of pledged revenues described in subsection (1) of this section exceed the amount required for the amortization of any advancement made pursuant to this section, and the payment of interest thereof, together with reserve requirements, the board may apply such surplus to the redemption of such securities prior to maturity of such securities according to redemption provisions thereof, or such surplus may be used by the board for the purposes of maintaining, repairing, altering, or adding to any existing equipment or facilities acquired pursuant to the provisions of this section for any lawful purpose. (6) All obligations issued pursuant to this section and the income therefrom shall be exempt from taxation, except inheritance, estate, and transfer taxes. (7) No action shall be brought questioning the legality of any contract, proceedings, revenue bonds, or anticipation warrants issued or to be issued by the board in connection with the provision of all or any part of the Colorado state university veterinary medicine hospital pursuant to this section after the expiration of thirty days from the effective date of any resolution or other official action authorizing such contract, adopting such proceedings, or authorizing the issuance of such warrants or bonds.

C.R.S. § 23-31-119 Plant breeding programs

23-31-119. Plant breeding programs. The board of governors of the Colorado state university system is authorized to initiate and expand plant breeding programs that will result in the development of disease-resistant varieties of crop plants, particularly of small grain varieties that are resistant to black stem rust disease, and to continue or expand any plant breeding program which may be necessary to protect important crops of Colorado from diseases that would endanger or seriously reduce the production of these crops in the state of Colorado.

C.R.S. § 23-31-120 Cooperation with other agencies

23-31-120. Cooperation with other agencies. The board of governors of the Colorado state university system may cooperate with the United States department of agriculture or any of its departments or agencies, the Colorado department of agriculture, other states, counties of Colorado, any organized group of Colorado citizens, and such other agencies, firms, or individuals as may be necessary or desirable to prosecute the provisions of this part 1.

C.R.S. § 23-31-121 Providing personnel, supplies

23-31-121. Providing personnel, supplies. The board of governors of the Colorado state university system, operating through the Colorado agricultural experiment station, may provide such personnel, funds, labor, material, and supplies as are necessary for the purposes specified in sections 23-31-119 and 23-31-120.

C.R.S. § 23-31-122 Agricultural extension service furnished counties

23-31-122. Agricultural extension service furnished counties. Two or more counties may join in financing agricultural extension service furnished counties by the Colorado state university. In such event, each such county shall pay its pro rata share of the cost of such work as determined by negotiation between the board of governors of the Colorado state university system and the board of county commissioners of each such county.

C.R.S. § 23-31-201 Transfer to board of governors of the Colorado state university system - exceptions

23-31-201. Transfer to board of governors of the Colorado state university system - exceptions. (1) There is transferred to and vested in the board of governors of the Colorado state university system, referred to in this part 2 as the "board", all rights, powers, and duties for protecting, promoting, and extending the conservation of the forests in the state vested on or before February 14, 1955, in the state board of land commissioners, acting ex officio as the state board of forestry; but such authority shall not extend to nor include the power vested in the state board of land commissioners with respect to forest lands included in the public lands of the state under the control and jurisdiction of said state board of land commissioners, as provided by sections 9 and 10 of article IX of the state constitution and the laws relating thereto. (2) (a) Effective July 1, 2012, the forestry functions of the board relating principally to fire and wildfire preparedness, response, suppression, coordination, or management are transferred by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of title 24, C.R.S., to the wildland fire management section in the division of fire prevention and control in the department of public safety created in section 24-33.5-1201, C.R.S. (b) Nothing in paragraph (a) of this subsection (2) divests the board or the state forest service of any other personnel, functions, powers, or duties relating to forest resources, including risk education and prevention, forest health, management, stewardship, technical assistance, urban and community forestry, insect and disease monitoring and mitigation, research, education, outreach, planning, and fire ecology. (c) Any and all claims, liabilities, and damages, including costs and attorneys' fees, relating in any way to the performance of duties described in paragraph (a) of this subsection (2) that were performed by the board or its employees on or before June 30, 2012, are hereby transferred to and assumed by the state exclusively through the division of fire prevention and control in the department of public safety, and no other public entity or agency, including the board and its employees, shall be responsible or liable for any such claims, liabilities, or damages that arose before June 30, 2012.

C.R.S. § 23-31-202 Powers and duties of board of governors of the Colorado state university system

23-31-202. Powers and duties of board of governors of the Colorado state university system. (1) The authority granted to the board by section 23-31-201 includes the following powers and duties: (a) To provide for the protection of the forest resources of the state, both public and private, from insects and diseases; (b) To foster and promote the control of soil erosion on such forest lands; (c) To carry on an educational program with landowners, in the application of the practice of forestry on forest lands, by the growing, harvesting, and marketing of forest products from such lands; (d) To disseminate information and statistics concerning forests and forestry in the state, subject to the control and approval of the executive director of the department of natural resources; (e) To conduct investigations and experiments tending to further the intent of this part 2; (f) To report to the executive director of the department of natural resources at such times and on such matters as the executive director may require; and (g) To cooperate with all agencies of the state which need and request the aid and assistance of a trained forester. (2) In addition to the powers and duties set forth in subsection (1) of this section, the board of governors of the Colorado state university system shall enter into an agreement with the executive director of the department of natural resources pursuant to section 24-33-201 (1), C.R.S.

C.R.S. § 23-31-203 Cooperation with governmental units

23-31-203. Cooperation with governmental units. (Repealed)

C.R.S. § 23-31-204 Forest fires - duty of sheriff to report

23-31-204. Forest fires - duty of sheriff to report. (Repealed)

C.R.S. § 23-31-205 Provisions of act of congress accepted

23-31-205. Provisions of act of congress accepted. The state of Colorado does hereby accept the provisions of the act of congress dated June 7, 1924, entitled "Clarke-McNary Law", as amended.

C.R.S. § 23-31-206 Cooperative agreements

23-31-206. Cooperative agreements. (1) The board is further authorized to enter into cooperative agreements with federal and state agencies to promote and carry out the intent and purposes of this part 2, and in carrying out the provisions of all federal acts providing funds to promote the practice of forestry; and, for the purpose of continued acceptance and participation in the provisions of the act of congress dated June 7, 1924, entitled the "Clarke-McNary Law", the board is designated as the agency of the state to administer and expend any federal appropriations received under said act of congress, pursuant to section 23-31-205. (2) Notwithstanding any provision of law to the contrary, including the transfer of functions effected by House Bill 12-1283, enacted in 2012, all interagency agreements regarding wildfire and prescribed fire management and control that are in effect as of July 1, 2012, to which the state forest service, or the board on its behalf, is a party, shall remain in full force and effect.

C.R.S. § 23-31-207 Employees and personnel

23-31-207. Employees and personnel. The board is authorized to employ the necessary professional, clerical, and other personnel needed to carry out this part 2. Persons employed in a technical forestry capacity must have completed the requirements for and received a degree from an accredited school of forestry. Persons employed in other technical fields must have completed the requirements for and received a degree from an accredited school in their professional field. The board may appoint, pursuant to its personnel powers, in consultation with the executive director of the department of natural resources, to carry out the provisions of this part 2 and part 3 of this article, a professional forester, to be known as the state forester, whose duties shall be primarily of an educational or regulatory nature.

C.R.S. § 23-31-208 Rights by succession to state board of land commissioners - transfers to division of fire prevention and control

23-31-208. Rights by succession to state board of land commissioners - transfers to division of fire prevention and control. (1) (a) On February 14, 1955, the board shall succeed to all records, documents, and equipment in the hands of the state board of land commissioners as pertain to and used by the state board of land commissioners in the performance of the rights, powers, and duties transferred, and the state board of land commissioners is directed to deliver said property to the board within a reasonable time. (b) On February 14, 1955, the state treasurer and the controller shall transfer to the board all funds, including federal grants-in-aid, remaining to the credit of the state board of land commissioners and appropriated or received for the administration of the rights, powers, and duties transferred by this section; but the transfer of funds shall not apply to any moneys appropriated for forest administration from the land commissioners' expense fund. (2) On July 1, 2012, the board's funds, moneys, positions of employment, personnel, and personal property that were, as of June 30, 2012, principally directed to fire and wildfire preparedness, response, suppression, coordination, or management and any and all claims and liabilities, whether known or unknown, asserted or unasserted, relating in any way to fire and wildfire preparedness, response, suppression, coordination, or management by the board, the state forest services or its employees on or before June 30, 2012, are transferred to the division of fire prevention and control in the department of public safety pursuant to section 24-33.5-1201, C.R.S.

C.R.S. § 23-31-301 Legislative declaration

23-31-301. Legislative declaration. (1) The general assembly hereby finds that: (a) The management of Colorado's state-owned forested land has far-reaching impacts on overall forest condition, risk of wildfire, water quantity and quality, and wildlife habitat; (b) The unnatural condition of many forests throughout the state leaves them at great risk to catastrophic fires, invasion by exotic and native pest species, and other types of damage on a landscape scale; (c) As a result of the 2002 wildfire season, the worst in Colorado's recorded history, in which two thousand twelve fires consumed over half a million acres of forested land: (I) Local, state, and federal agencies incurred one hundred fifty-two million dollars in suppression costs and at least fifty million dollars to date in rehabilitation costs on United States forest service land alone; and (II) Eighty-one thousand four hundred thirty-five residents had to be evacuated from their homes; (d) Excessive runoff and soil erosion that occurs following wildfires poses a substantial threat to water quantity and quality in areas dependent on forest watersheds, including water supplies and wildlife; (e) Since 1937, United States forest service scientists have been studying the relationship between forests and water yields in the Fraser experimental forest in western Colorado and have found that unnaturally overgrown stands reduce water yields and that carefully applied natural forest management practices can conserve a more natural water yield; (f) Decades of scientific research have built a foundation of knowledge and technologies to inform and implement sound forest management and conservation; (g) Robust, resilient forest conditions that sustain diverse forest stages are essential for productive habitat, healthy populations of wildlife, and improved water quality and quantity for Colorado's fisheries; (h) Sound forest management activities, such as thinning, prescribed burning, and insect and disease treatments, improve the overall diversity and vigor of forested landscapes as well as the condition of related water, wildlife, recreation, and aesthetic resources; (i) The Colorado state forest service has worked cooperatively and successfully with the division of parks and wildlife and the state board of land commissioners to improve the condition of forested land and wildlife habitat in selected project areas; (i.5) These goals will be further advanced through the coordination of efforts to create community-based solutions to restore Colorado forest ecosystems, promote forest industries, and stimulate rural economies through the generation of clean energy from forest biomass; (j) The executive director of the department of natural resources is authorized to enter into an agreement with the board of governors of the Colorado state university system to work cooperatively with the Colorado state forest service and to provide staff for the division of forestry to carry out its mission of improving the health and sustainability of Colorado's forested state land. (2) (a) The general assembly hereby declares that it is the public policy of this state to encourage the health of forest ecosystems through responsible management of the forest land of the state and through coordination with the United States secretary of the interior and the United States secretary of agriculture to develop management plans for federal lands within the state of Colorado pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712, including the use of other pre-suppression activities, such as the harvest and profitable utilization of materials, in order to: Preserve forest and other natural resources; enhance the growth and maintenance of forests; conserve forest cover on watersheds; protect recreational, wildlife, and other values; promote stability of forest-using industries; and prevent loss of life and damage to property from wildfires and other conflagrations. activities, such as the harvest and profitable utilization of materials, in order to: Preserve forest and other natural resources; enhance the growth and maintenance of forests; conserve forest cover on watersheds; protect recreational, wildlife, and other values; promote stability of forest-using industries; and prevent loss of life and damage to property from wildfires and other conflagrations. (b) In addition to any other powers and duties conferred upon the Colorado state forest service by law, the Colorado state forest service may: (I) Value forest materials on state lands using lowest market value as an incentive to maximize the utilization of these products; and (II) Collaborate with the United States forest service and the bureau of land management to contract for a reliable source of feedstock consistent with Colorado communities' plans for utilization of forest biomass described in section 23-31-312 (3.5).

C.R.S. § 23-31-302 Forestry function named

23-31-302. Forestry function named. The forestry function of the board of governors of the Colorado state university system shall be known as the "Colorado state forest service".

C.R.S. § 23-31-303 Funds available

23-31-303. Funds available. (1) Repealed. (2) The beetle mitigation fund is hereby created in the state treasury to be administered by the Colorado state forest service for the purpose of removing trees infested by beetles from forests on state-owned land and otherwise mitigating the effects of beetle infestation on state-owned land. The fund shall consist of donations received pursuant to subsection (3) of this section. (3) The Colorado state forest service shall create and maintain one or more web pages on its official website that provide information on the beetle mitigation fund to the public and that allow the public to donate to the fund online. Websites operated by other interested state departments shall add prominent links referring the public to the Colorado state forest service's beetle mitigation fund web page to encourage voluntary contributions to the fund. The Colorado state forest service shall transmit all such contributions to the state treasurer, who shall deposit them in the fund.

C.R.S. § 23-31-304 State responsibility determined

23-31-304. State responsibility determined. (Repealed)

C.R.S. § 23-31-305 Cooperation by counties

23-31-305. Cooperation by counties. (Repealed)

C.R.S. § 23-31-306 Sheriffs to enforce

23-31-306. Sheriffs to enforce. (Repealed)

C.R.S. § 23-31-307 Limitation of state responsibility

23-31-307. Limitation of state responsibility. (Repealed)

C.R.S. § 23-31-308 Emergencies

23-31-308. Emergencies. (Repealed)

C.R.S. § 23-31-309 Wildfire emergency response fund - creation - wildfire preparedness fund - creation

23-31-309. Wildfire emergency response fund - creation - wildfire preparedness fund - creation. (Repealed)

C.R.S. § 23-31-310 Forest restoration and wildfire risk mitigation grant program - technical advisory panel - legislative declaration - definitions - repeal

23-31-310. Forest restoration and wildfire risk mitigation grant program - technical advisory panel - legislative declaration - definitions - repeal. (1) Short title. The short title of this section is the "Forest Restoration and Wildfire Risk Mitigation Act". (1.5) Legislative declaration. The general assembly hereby: (a) Finds that: (I) Colorado's forests are fundamentally important to its citizens in providing clean air and water, recreation and tourism opportunities, wildlife habitat, and wood products; (II) Damaging wildfires occur regularly in Colorado due in part to fire suppression efforts and drought, the result of which are unhealthy, fire-prone forests; and (III) Colorado has experienced a significant increase in damaging wildfires that have destroyed homes, property, and other essential community infrastructure; (b) Determines that: (I) It is critical that we invest in measures that reduce the probability of catastrophic fires spreading uncontrollably into our communities in areas of the wildland-urban interface and reduce the financial costs of wildfire in Colorado; (II) Increasing our efforts to thin or otherwise manage to improve the forests in Colorado would keep our forests healthy and help mitigate risks associated with catastrophic wildfires that endanger lives, property, watersheds, and critical infrastructure; (III) Consolidating existing state grant programs will provide the necessary resources to the Colorado state forest service to allow the agency to continue to address watershed wildfire risks and forest health conditions in Colorado; augment its technical capacity to assess and reduce wildfire risk to people, property, and infrastructure; support implementation of community wildfire protection plans; enhance its technical outreach capabilities; and provide loans and grants for market-based forest treatment solutions to reduce wildfire risk, protect watersheds, and improve forest health; (IV) Maintaining proper funding for a combined grant program will ensure that necessary resources are available to both reduce wildfire risk and improve forest health; and (V) Given the challenging conditions of Colorado's forests and the imminent risks of catastrophic wildfire, it is critical that state funding of the grants program be increased for the 2019-20 state fiscal year and that grant money be expended on an expedited basis to the greatest extent practicable to fulfill the purposes of this section; and (c) Declares that it intends to provide aid and guidance for catastrophic wildfire risk mitigation and forest health improvements by authorizing a competitive grant program to assist with funding community-level actions across the entire state that are implemented to protect populations and property in the wildland-urban interface and to promote forest health and the utilization of woody material, including traditional forest products and biomass energy. (2) Definitions. As used in this section, unless the context otherwise requires: (a) "Accredited Colorado youth corps" means a youth corps organization that is accredited by the Colorado youth corps association. (b) "Director" means the director of the forest service. (c) "Forest service" means the Colorado state forest service identified in section 23-31-302 and the division of forestry created in section 24-33-104. (d) "Fuel" means living and dead combustible vegetation that can feed a fire, including grass, leaves, pine boughs, shrubs, and trees. (e) "Hazardous fuel reduction treatment" means a treatment that removes or reduces vegetative fuel, including mechanical, manual, broadcast burning, and pile burning fire treatments, or reduces structural ignitability in order to: (I) Diminish the potential damage arising from a catastrophic wildfire; (II) Enhance the ability of emergency personnel to safely influence the spread of wildfire; or (III) Improve landscape-scale forest health conditions. nt that removes or reduces vegetative fuel, including mechanical, manual, broadcast burning, and pile burning fire treatments, or reduces structural ignitability in order to: (I) Diminish the potential damage arising from a catastrophic wildfire; (II) Enhance the ability of emergency personnel to safely influence the spread of wildfire; or (III) Improve landscape-scale forest health conditions. (f) "Wildland-urban interface" or "WUI" means an area where: (I) Human development is close to wildland vegetation; and (II) There exists a high potential for a wildland fire. (3) Grant projects. The forest service shall issue a statewide request for proposals for cost-share grants for projects that are designed through a collaborative community process. The projects may be entirely on, or on any combination of, private, state, county, or municipal forest lands. Projects may also be on federal lands, so long as the project maintains continuity across a landscape including federal lands and the area of the federal lands does not exceed the combined area of the nonfederal lands involved in the project. The grant share of an individual project cost must not exceed fifty percent of the total cost of the project. In the case of a project that is located in an area with fewer economic resources, the grant share of an individual project cost must not exceed seventy-five percent of the total cost of the project. The remaining portion of the project's funding may be in the form of cash, stumpage, or in-kind contribution. In meeting the match requirements under this subsection (3), a project may be funded, in whole or in part, from gifts, grants, or donations received from any organization, entity, or individual. In measuring an in-kind contribution for purposes of meeting the fifty percent and twenty-five percent matches required by this subsection (3), "in-kind contribution" may include volunteer hours provided by the staff of an entity or organization applying for grant funding and the time for which staff receives monetary compensation in the form of salary or other financial benefits. Such compensated time that counts toward the in-kind contribution is limited to the estimated time of paid staff in planning and implementing the mitigation project. The forest service shall establish a policy that specifies the criteria by which a particular project will satisfy the requirement of this subsection (3) that it is located in an area with fewer economic resources, as applicable. (4) Eligibility requirements. To be eligible to receive funding under this section, a project must: (a) Reduce the risk to people and property in the wildland-urban interface and promote forest health; (b) Address one or more of the following objectives for the purpose of protecting water supplies: (I) Reducing the threat of large, high-intensity wildfires and the negative effects of excessive competition between trees by restoring ecosystem functions, structures, and species composition, including the reduction of nonnative species populations; (II) Preserving old and large trees to the extent consistent with ecological values and science; (III) Replanting trees in deforested areas if such areas exist in the proposed project area; and (IV) Improving the use of, or adding value to, small diameter trees; (c) Comply with all applicable federal and state environmental laws; (d) Repealed. (e) Incorporate current scientific forest restoration information; (f) Include an assessment to: (I) Identify both the existing ecological condition of the proposed project area and the desired future condition; and (II) Report, upon project completion, to the forest service on the number of acres treated, cost per acre to treat, tonnage of material generated, number of jobs created, and use of any forest products generated; and forest restoration information; (f) Include an assessment to: (I) Identify both the existing ecological condition of the proposed project area and the desired future condition; and (II) Report, upon project completion, to the forest service on the number of acres treated, cost per acre to treat, tonnage of material generated, number of jobs created, and use of any forest products generated; and (g) Leverage state funding through in-kind, stumpage, or cash matching contributions. (4.3) In addition to satisfying subsection (4) of this section, a grant project that receives funding under this section may also support ongoing maintenance efforts by eligible recipients to reduce the threat of large, high-intensity wildfires. (4.4) Additional funding objectives. As part of the submission of grant applications under this section, the forest service encourages applicants to include on their grant application information that indicates whether the project is supported by a diverse and balanced group of stakeholders as well as appropriate federal, state, county, and municipal government representatives in the design, implementation, and monitoring of the project. (4.5) Eligible recipients. Eligible grant recipients include: (a) Local community groups, including homeowners' associations or neighborhood associations, that are within close proximity to the WUI; (b) Local government entities within or adjacent to the WUI; (c) Public or private utilities, including water providers, with infrastructure or land ownership in areas of high risk for catastrophic wildfires; (d) State agencies, such as the state land board or the division of parks and wildlife, that own lands or property in areas of high risk for catastrophic wildfires; (e) Nonprofit groups that promote hazardous fuel reduction treatment projects in partnership with local, state, or private entities; (f) A fire protection district, as defined in section 32-1-103 (7); and (g) A nonprofit organization or entity engaged in firefighting or fire management activities. (5) Technical advisory panel. The director shall convene a technical advisory panel to evaluate the proposals for forest restoration and wildfire risk mitigation grants and provide recommendations regarding which proposals would best meet the objectives of this section. The panel shall consider eligibility criteria established in subsections (4) and (4.5) of this section, a project's effect on long-term forest management, and the number of acres treated for state dollars spent and seek to use a consensus-based decision-making process to develop such recommendations. For hazardous fuel reduction projects pursuant to subsection (4)(a) of this section, the panel shall show preference to applicants that have adopted or plan to adopt local measures that reduce wildfire risks to people, property, and infrastructure that complement funds provided through the program. Stronger measures shall receive greater preference, while taking into account geographic differences and needs for mitigation. A panel member shall recuse himself or herself if he or she has an actual or potential conflict of interest with respect to a grant applicant. The panel is composed of members to be appointed by the director. The composition of the panel includes at least: (a) An official to represent the department of natural resources; (b) One representative from federal land management agencies; (c) One independent scientist with experience in forest ecosystem restoration; (d) An official to represent the department of public safety; (e) One member who represents a county or municipal government with jurisdiction over an area of the WUI; (f) One member who represents the traditional forest products industry; (g) One member who represents the biomass energy products industry; gencies; (c) One independent scientist with experience in forest ecosystem restoration; (d) An official to represent the department of public safety; (e) One member who represents a county or municipal government with jurisdiction over an area of the WUI; (f) One member who represents the traditional forest products industry; (g) One member who represents the biomass energy products industry; (h) One member who represents a nonprofit collaborative group involved with the mitigation of catastrophic wildfires in Colorado and the maintenance and improvement of ecological health; and (i) Two members with expertise in water and watershed management. (6) Proposal selection. After consulting with the technical advisory panel established in subsection (5) of this section, the forest service shall select the proposals that will receive funding through this section. In carrying out approved projects, the project proponents shall, whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. The general assembly encourages the forest service to modify its administrative policies and procedures under this section to enable funding to be provided to grant recipients in March to enable wildfire mitigation to commence before the prime wildfire season starts in June. (7) Repealed. (8) Administrative costs. The forest service may utilize no more than seven percent of any amounts appropriated in any fiscal year for its direct and indirect costs in administering the program. (8.2) Community watershed restoration and wildfire risk mitigation. (a) In order to support communities and land managers in efforts to reduce risk to people and property and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, particularly public water supply and high-quality wildlife habitat, the forest service shall: (I) Hire additional field capacity to support the implementation of forest restoration and wildfire risk mitigation program grants awarded pursuant to this section; (II) In awarding grants pursuant to this section, give additional emphasis to projects that substantially leverage additional financial resources or that have been identified through a community-based collaborative process. (b) (I) The forest service may use the unencumbered balance of the forest restoration and wildfire risk mitigation grant program cash fund created in subsection (8.5) of this section for the purpose of complying with this subsection (8.2). (II) This subsection (8.2)(b) is repealed, effective September 1, 2028. (8.3) Grant program. (a) The forest service shall develop and administer the program in consultation with the technical advisory panel created in subsection (5) of this section. In developing the program, the forest service shall: (I) Dedicate up to twenty-five percent of the money available in the forest restoration and wildfire risk mitigation grant program cash fund, created in subsection (8.5) of this section, to fund capacity-building efforts to provide local governments, community groups, and collaborative forestry groups with the resources and staffing necessary to plan and implement forest restoration and wildfire risk mitigation projects, including community and partner outreach and engagement, identifying priority project areas, prescription planning, and acquiring community equipment for use by landowners; (II) Dedicate up to five percent of the money available in the fund to be used by the forest service to: (A) Monitor grant recipients' compliance with the grant program; and (B) Measure the grant program's effectiveness; (III) Require a grant applicant to demonstrate that: ement, identifying priority project areas, prescription planning, and acquiring community equipment for use by landowners; (II) Dedicate up to five percent of the money available in the fund to be used by the forest service to: (A) Monitor grant recipients' compliance with the grant program; and (B) Measure the grant program's effectiveness; (III) Require a grant applicant to demonstrate that: (A) The grant applicant has available, or will have available before implementation of the project, matching funds in the form of a dollar-for-dollar match or the value of in-kind contributions for the project. A project's matching funds may come from federal sources or state sources, but no more than fifty percent of the matching funds may come from state sources; except that, if the grant applicant is a state agency, more than fifty percent of the matching funds may come from other state sources. (B) The proposed project includes a plan for utilizing any woody material generated by the project, including traditional forest products and biomass energy products. The forest service shall offer technical support to grant applicants to assist with the development of the applicant's plan for utilizing forest products. The forest service shall inform applicants of the availability of its technical support. (IV) Encourage a grant applicant, where feasible, to utilize the labor of: (A) Youth and young adults participating in a Colorado youth corps organization accredited by the Colorado youth corps association; or (B) Veterans participating in an accredited Colorado corps program serving veterans; (V) In consultation with the technical advisory panel created in subsection (5) of this section, establish the information to be included in the grant application, including a description of the proposed project; and (VI) Establish a plan for administering the grant program, including the development of: (A) Periodic reporting requirements; (B) Tools for monitoring and tracking grant projects; and (C) Measures for assessing the progress of grant projects. (b) Annually and in a final report to be presented before the end of the regular session in 2018, the forest service shall report to the agriculture, livestock, and natural resources committee in the Colorado house of representatives and the agriculture, natural resources, and energy committee in the Colorado senate, or their successor committees, regarding the progress of the grant program, including information concerning the: (I) Number of acres treated; (II) Cost per acre to treat; (III) Tonnage of material generated; (IV) Number of jobs created; (V) Use of any forest products generated; and (VI) The grant program's ability to achieve its stated goals. (c) On and after the repeal of part 4 of article 7 of title 36, the forest service shall administer pursuant to this section all grants made pursuant to that part 4 before its repeal. (8.5) Forest restoration and wildfire risk mitigation grant program cash fund. (a) There is hereby created in the state treasury the forest restoration and wildfire risk mitigation grant program cash fund. The department of higher education shall administer the fund, which consists of: (I) All money transferred by the treasurer as specified in subsection (8.7) of this section; (II) All money that was in the wildfire risk reduction fund created in section 36-7-405 prior to the repeal of that fund. As soon as possible after December 31, 2017, the state treasurer shall transfer the unencumbered fund balance of the wildfire risk reduction fund as of month-end close on December 31, 2017, to the forest restoration and wildfire risk mitigation grant program cash fund. (III) Any other money appropriated or transferred to the fund by the general assembly. 36-7-405 prior to the repeal of that fund. As soon as possible after December 31, 2017, the state treasurer shall transfer the unencumbered fund balance of the wildfire risk reduction fund as of month-end close on December 31, 2017, to the forest restoration and wildfire risk mitigation grant program cash fund. (III) Any other money appropriated or transferred to the fund by the general assembly. (b) All money in the fund is continuously appropriated to the department of higher education for allocation to the board of governors of the Colorado state university system for the forest restoration and wildfire risk mitigation grant program specified in this section. All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (8.7) Repealed. (8.8) It is the intent of the general assembly that any additional amount of money appropriated for the 2019-20 state fiscal year to the fund created in subsection (8.5)(a) of this section be expended on grants that will support the maximum number of effective forest management fuels reduction projects to reduce the impacts to life, property, and critical infrastructure caused by wildfire. (9) Repeal. This section is repealed, effective September 1, 2029.

C.R.S. § 23-31-311 Watershed protection projects and forest health projects

23-31-311. Watershed protection projects and forest health projects. (1) The Colorado state forest service, representing the state of Colorado, shall, in consultation with the governmental agencies participating in such projects, identify watershed protection projects and forest health projects that will use moneys received pursuant to section 37-95-112.5, C.R.S., including, but not limited to, the harvesting of trees infested with beetles. (2) The Colorado state forest service shall collaborate with water providers; federal, state, and local governments; educational institutions; landowners; and other interested public and private entities to recommend the use of moneys made available pursuant to section 37-95-112.5, C.R.S. This process shall consider: (a) Areas that have the highest priority for ecological or wildfire hazard reduction restoration; (b) Areas that have been prioritized for treatment by a local or regional forest collaborative process or through a comparable stakeholder process; or (c) (I) Watershed protection projects and forest health projects on private, state, and federal lands, including national forest and other federal lands that serve as the primary source of water to communities and municipalities and for agricultural purposes. (II) In identifying such watershed protection projects and forest health projects, consideration shall be made to effectively use available resources by: (A) Applying the principles of the state of Colorado good neighbor authority programs entered into between the Colorado state forest service and the United States forest service and between the Colorado state forest service and the United States bureau of land management; (B) Combining available resources with federal grant money, if any, and other complementary funding resources that are available for such projects or similar projects; and (C) Partnering on such projects being planned or conducted by governmental agencies with land management jurisdiction in community and municipal watersheds. (3) In carrying out such watershed protection projects and forest health projects, the Colorado state forest service shall, whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. For purposes of this section: (a) "Accredited Colorado youth corps" means a youth corps organization that is accredited by the Colorado youth corps association. (b) "Forest health project" has the meaning set forth in section 37-95-103, C.R.S. (c) "Governmental agencies" has the meaning set forth in section 37-95-112.5 (4), C.R.S. (d) "Watershed protection project" has the meaning set forth in section 37-95-103, C.R.S.

C.R.S. § 23-31-312 Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions

23-31-312. Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions. (1) (a) The general assembly hereby finds, determines, and declares that: (I) Community wildfire protection plans, or CWPPs, are authorized and defined in section 101 of Title I of the federal "Healthy Forests Restoration Act of 2003", Pub.L. 108-148, referred to in this section as "HFRA". Title I of HFRA authorizes the secretaries of agriculture and the interior to expedite the development and implementation of hazardous fuel reduction projects on federal lands managed by the United States forest service and the bureau of land management when these agencies meet certain conditions. HFRA emphasizes the need for federal agencies to work collaboratively with local communities in developing hazardous fuel reduction projects, placing priority on treatment areas identified by the local communities themselves in a CWPP. The wildland-urban interface area is one of the identified property areas that qualify under HFRA for the use of this expedited environmental review process. (II) The development of a CWPP can assist a local community in clarifying and refining its priorities for the protection of life, property, and critical infrastructure in its wildland-urban interface area. The CWPP brings together diverse federal, state, and local interests to discuss their mutual concerns for public safety, community sustainability, and natural resources. The CWPP process offers a positive, solution-oriented environment in which to address challenges such as local fire-fighting capability, the need for defensible space around homes and housing developments, the effect of fire ratings and combustibility standards for building materials used in wildland-urban interface areas, and where and how to prioritize land management on both federal and nonfederal lands. CWPPs can be as simple or complex as a local community desires. (III) The adoption of a CWPP brings many benefits to the state and adopting local community, including: (A) The opportunity to establish a locally appropriate definition and boundary for the wildland-urban interface area; (B) The establishment of relations with other state and local government officials, local fire chiefs, state and national fire organizations, federal land management agencies, private homeowners, electric, gas, and water utility providers in the subject area, and community groups, thereby ensuring collaboration among these groups in initiating a planning dialogue and facilitating the implementation of priority actions across ownership boundaries; (C) Specialized natural resource knowledge and technical expertise relative to the planning process, particularly in the areas of global positioning systems and mapping, vegetation management, assessment of values and risks, and funding strategies; and (D) Statewide leadership in developing and maintaining a list or map of communities at risk within the state and facilitating work among federal and local partners to establish priorities for action. (IV) CWPPs give priority to projects that provide for the protection of at-risk communities or watersheds or that implement recommendations in the CWPP. (V) CWPPs assist local communities in influencing where and how federal agencies implement fuel reduction projects on federal lands, how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community. (VI) The development of CWPPs promotes economic opportunities in rural communities. ist local communities in influencing where and how federal agencies implement fuel reduction projects on federal lands, how additional federal funds may be distributed for projects on nonfederal lands, and in determining the types and methods of treatment that, if completed, would reduce the risk to the community. (VI) The development of CWPPs promotes economic opportunities in rural communities. (b) By enacting this section, the general assembly intends to facilitate and encourage the development of CWPPs in counties with fire hazard areas in their territorial boundaries and to provide more statewide uniformity and consistency with respect to the content of CWPPs in counties needing protection against wildfires. (2) As used in this section, unless the context otherwise requires: (a) "CWPP" means a community wildfire protection plan as authorized and defined in section 101 of Title I of the federal "Healthy Forests Restoration Act of 2003", Pub.L. 108-148. (b) "Fire hazard area" means an area mapped by the Colorado state forest service, identified in section 23-31-302, as facing a substantial and recurring risk of exposure to severe fire hazards. (c) "Red zone" means a wildland-urban interface area of high wildfire risk in Colorado, identified by the red zone map originally created in September 2004 by the Colorado state forest service and periodically updated to show areas where a high risk of catastrophic wildfire endangers homes, communities, utilities, and watersheds. (3) Not later than November 15, 2009, the state forester, in collaboration with representatives of the United States forest service, the Colorado department of natural resources, county governments, municipal governments, local fire departments or fire protection districts, electric, gas, and water utility providers in the subject area, and state and local law enforcement agencies, shall establish guidelines and criteria for counties to consider in preparing their own CWPPs to address wildfires in fire hazard areas within the unincorporated portion of the county. (3.5) When a community within a red zone adopts or updates a CWPP, the community is encouraged to include, as an element of the CWPP, a plan for community-based and sustainable utilization of forest biomass for the production of energy, fuels, forest products, and other applications, developed in consultation with the Colorado state forest service. As part of the plan, the state forester or the state forester's designee may offer assistance to the communities in identifying, contracting for, and securing primarily from high-risk areas a reliable source of feedstock in support of forest products industries. (4) The adoption of a CWPP by a county government shall be governed by the requirements of section 30-15-401.7, C.R.S. (5) The state forester shall send timely notice of the guidelines and criteria established pursuant to subsection (3) of this section to the department of local affairs and to statewide organizations representing Colorado counties and municipalities and shall post such information on the website of the Colorado state forest service. (6) Nothing in this section affects section 23-31-309 or the wildfire preparedness plan developed pursuant to section 24-33.5-1227, C.R.S.

C.R.S. § 23-31-313 Healthy forests - vibrant communities - funds created - outreach working group - loan program - legislative declaration - definitions - repeal

23-31-313. Healthy forests - vibrant communities - funds created - outreach working group - loan program - legislative declaration - definitions - repeal. (1) Short title. This section shall be known and may be cited as the "Colorado Healthy Forests and Vibrant Communities Act of 2009". (2) Legislative declaration. The general assembly hereby declares that addressing the wildfire risk in Colorado and the development of community wildfire protection plans to bring together federal, state, and local interests, including nongovernmental entities such as electric, gas, and water utilities, to address wildfire risk to life, property, and infrastructure in Colorado is a matter of statewide concern. (3) Definitions. As used in this section, unless the context otherwise requires: (a) "Community-based collaborative process" means a process in which a diverse range of governmental and nongovernmental stakeholders, representing a wide variety of perspectives, are meaningfully engaged in analyzing and identifying forest management needs for their community. (b) "Community wildfire protection plan" or "CWPP" means a plan that meets the definition of a community wildfire protection plan in the federal "Healthy Forests Restoration Act of 2003", 16 U.S.C. sec. 6511, including the minimum requirements for collaboration with local and state government representatives, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and consultation with federal agencies and other interested nongovernmental parties, including any electric, gas, and water utilities in the affected area, and the minimum requirements for approval by representatives of local government, local fire authorities, and the forest service. (b.5) "Director" means the director of the forest service. (c) "Forest service" means the Colorado state forest service identified in section 23-31-302. (d) "GIS" means a geographical information system, a systematic integration of computer hardware, software, and spatial data, for capturing, storing, displaying, updating, manipulating, and analyzing geographical information in order to solve complex management problems. (e) "Good neighbor authority" means the authority of the state of Colorado pursuant to section 331 of the federal "Department of Interior and Related Agencies Appropriation Act of 2001", Pub.L. 106-291, 114 Stat. 922, or any analogous successor authority. (f) "Temporary field capacity" means full-time, temporary field support hired by the forest service to implement projects until such time that program funding is no longer available. (g) "Wildfire risk mitigation" or "fuel mitigation treatments" means preventive forest management projects or actions, which meet or exceed forest service standards or any other applicable state rules, that are designed to reduce the potential for unwanted impacts caused by wildfires, including: (I) The creation of a defensible space around structures; (II) The establishment of fuel breaks; (III) The thinning of woody vegetation for the primary purpose of reducing risk to structures from wildland fire; (IV) The secondary treatment of woody fuels by lopping and scattering, piling, chipping, removing from the site, broadcast burning, or prescribed burning; and (V) Other nonemergency preventive activities designed to reduce the unwanted impacts caused by wildfires that the forest service may deem to be risk reduction or fuel mitigation treatments. (h) "Wildland-urban interface" means an area where structures or other human development meet or intermingle with wildland vegetation. (4) Community and firefighter planning and preparedness. To help ensure that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, the forest service shall: tion or fuel mitigation treatments. (h) "Wildland-urban interface" means an area where structures or other human development meet or intermingle with wildland vegetation. (4) Community and firefighter planning and preparedness. To help ensure that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, the forest service shall: (a) Facilitate the CWPP process with communities and other entities seeking to prepare a CWPP to ensure that state and federal CWPP standards are met; (b) Work with conservation districts created pursuant to article 70 of title 35, C.R.S., county noxious weed program administrators, and other state, local, federal, and nongovernmental partners, including any electric, gas, and water utilities in the affected area, to provide CWPP standards for Colorado that promote greater consistency among CWPPs in the state and ensure that communities address community risks and values, identify protection priorities, assess their ability to respond to wildland fire, establish fuels treatment projects, and identify ways to minimize wildland-urban interface risk in the future; (c) Provide technical assistance to communities seeking to prepare, update, or implement a CWPP and track the progress of CWPPs and implementation practices through GIS web-based applications; and (d) Provide technical assistance to the board of county commissioners of each county to determine whether there are fire hazard areas within the unincorporated areas of the county and to assist the board of county commissioners of each county with developing CWPPs for those areas. (e) Repealed. (5) Community wildfire risk mitigation. To help communities address the urgent need to reduce wildfire risks by supporting implementation of risk mitigation treatments that focus on protecting lives, homes, and essential community infrastructure, and by improving inventory and monitoring of forest conditions, the forest service shall: (a) Expand its fuels mitigation program through sixty percent cost-share grants to address needs expressed by landowners or utility easement owners in the wildland-urban interface. In order to qualify for these funds, projects shall be included in or provide for implementation of an approved CWPP that meets the standards established pursuant to paragraph (b) of subsection (4) of this section. In awarding these grants, the forest service shall establish evaluation criteria that emphasize projects that reduce risks to the public, firefighters, and community infrastructure; that improve forest health; and that substantially leverage additional financial resources. In making grant awards, the forest service shall also prioritize projects that provide an opportunity to implement Colorado's good neighbor authority or that have been identified through a community-based collaborative process. (b) Hire additional field capacity to support the implementation and monitoring of fuels mitigation grant awards; (c) Provide sufficient resources to conduct enhanced aerial surveys to annually assess forest conditions, identify emerging and existing insect and disease epidemics, and make timely management decisions; and that have been identified through a community-based collaborative process. (b) Hire additional field capacity to support the implementation and monitoring of fuels mitigation grant awards; (c) Provide sufficient resources to conduct enhanced aerial surveys to annually assess forest conditions, identify emerging and existing insect and disease epidemics, and make timely management decisions; and (d) Provide sufficient resources to assess and incorporate forest pathology information into analysis of forest conditions and trends. (6) Community watershed restoration. (a) In order to support communities and land managers in efforts to reduce risk to people and property and increase firefighter safety, and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, including public water supply and high-quality wildlife habitat, the forest service shall: (I) Repealed. (II) Facilitate and work collaboratively with the division of fire prevention and control, landowners, local governments, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and other appropriate parties, including any electric, gas, and water utilities in the affected area, to design prescribed fire and fuel mitigation treatment projects and to encourage increased responsible use of prescribed fire and fuel mitigation treatments as a tool for restoring healthy forest conditions consistent with programs established pursuant to section 25-7-106 (7) and (8), C.R.S., and section 24-33.5-1217, C.R.S. The forest service shall emphasize providing training and technical assistance for landowners, local communities, and state agencies. (III) Repealed. (IV) Conduct, or contract with one or more entities to conduct, one or more demonstration projects that utilize Colorado's good neighbor authority with the United States forest service to implement forest management treatments that improve forest health and resilience and supply forest products to Colorado businesses. In overseeing a project, the forest service shall: (A) Use a collaborative approach; (B) Leverage state resources to accomplish work across land ownership boundaries in order to treat more acres at reduced cost; (C) Target a Colorado watershed to implement forest management treatments that will protect and enhance forest resilience, reduce the potential for catastrophic wildfire, salvage insect- and disease-impacted trees, and provide forest products for businesses in Colorado; and (D) Consider locations that have already been subject to review under the federal "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq., including the Alpine plateau in Gunnison county and areas in the Grand Mesa, Uncompahgre, and Gunnison national forests that are subject to the spruce beetle epidemic and aspen decline draft environmental impact statement. (b) Repealed. (7) Enhanced economic opportunities. In order to support local business development and job creation through the implementation of forest treatments, the forest service shall: (a) Administer a revolving loan fund to support woody biomass utilization and the development and marketing of traditional and nontraditional timber products as specified in subsection (8) of this section; (b) Work with the air quality control commission created in section 25-7-104 to support the appropriately increased use of woody biomass in bio-heating. (8) Wildfire risk mitigation loan program. (a) The forest service shall issue a statewide request for proposals for loans to businesses to provide start-up capital for new facilities or equipment to harvest, remove, use, and market beetle-killed and other timber taken from private, federal, state, county, or municipal forest lands as part of a wildfire risk reduction or fuels mitigation treatment. (8) Wildfire risk mitigation loan program. (a) The forest service shall issue a statewide request for proposals for loans to businesses to provide start-up capital for new facilities or equipment to harvest, remove, use, and market beetle-killed and other timber taken from private, federal, state, county, or municipal forest lands as part of a wildfire risk reduction or fuels mitigation treatment. (b) The forest service shall solicit applications for and make loans under this section. In deciding whether to make a loan, the forest service shall consider the extent to which the applicant: (I) Helps retain or expand other local businesses; (II) Helps maintain or increase the number of jobs in the area; (III) Contributes to the stability of rural communities; (IV) Demonstrates operational experience and a good reputation; (V) Promotes and publicizes the efforts undertaken pursuant to this section; and (VI) Helps recruit new business activity in the area. (c) No later than July 1, 2010, the state forester shall submit a report to the governor that shall include an assessment of whether, and to what extent, projects funded by loans under this subsection (8) have achieved the purposes identified in this subsection (8). (d) There is hereby created in the state treasury the wildfire risk mitigation revolving fund, which shall be administered by the forest service. All moneys in the fund are continuously appropriated to the department of higher education for allocation to the board of governors of the Colorado state university system for loans specified in this subsection (8). All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund. (e) On June 15, 2021, or as soon as possible thereafter, the state treasurer shall transfer two million five hundred thousand dollars from the general fund to the wildfire risk mitigation revolving fund. (9) Improved outreach and technical assistance. In order to ensure that the forest service has the capacity to deliver key funding and technical assistance that will be needed to guide and support implementation of wildfire preparedness, risk mitigation, watershed restoration, and economic development initiatives in a way that adds value to these efforts at the state level and across community boundaries, the forest service shall: (a) Secure full-time staff for developing, revising, and implementing CWPPs and collaborative landscape level prioritization plans; developing and implementing risk mitigation and watershed restoration plans; strengthening the responsible use of prescribed fire; and supporting economically beneficial uses of woody biomass; (b) Secure sufficient GIS capacity to assist with wildfire, insect, and disease risk assessments, as well as landscape-scale prioritization and planning; and emphasize making data available to and usable by local entities and other interested parties, including any electric, gas, and water utilities in the affected area; and (c) Develop a web-based clearinghouse for technical assistance and funding resources relevant to the initiatives established in this section. nd disease risk assessments, as well as landscape-scale prioritization and planning; and emphasize making data available to and usable by local entities and other interested parties, including any electric, gas, and water utilities in the affected area; and (c) Develop a web-based clearinghouse for technical assistance and funding resources relevant to the initiatives established in this section. (d) Repealed. (9.2) Outreach to high school students. The forest service, in consultation with the department of natural resources, the division of fire prevention and control in the department of public safety, the state board for community colleges and occupational education, and timber industry representatives, shall develop educational materials relating to career opportunities in forestry and wildfire risk mitigation to distribute to high school guidance counselors to provide to high school students. (9.5) Wildfire risk mitigation public outreach and educational campaign - legislative declaration. (a) (I) The general assembly hereby finds and declares that: (A) Wildfires increasingly pose a threat to homes and communities in Colorado as more people move into the wildland areas of our state, and long-term weather and climate trends, including drought and warmer temperatures, as well as the buildup of wildland fuels, further increase wildfire risk; (B) In 2020, Colorado experienced the three largest wildfires in its history, with the fires burning over six hundred thousand acres, causing significant displacement, devastating communities, degrading water and air quality, and ultimately resulting in the loss of human life and hundreds of millions of dollars in property loss and damage; (C) Local, state, and federal agencies and entities continue to address the short- and long-term social, economic, and environmental impacts of these fires; (D) With more than half of all Coloradans living in the wildland-urban interface, there is an urgent need for wildfire prevention and preparedness at both the community and individual homeowner and property owner levels; (E) Coordinated education concerning how, where, and why wildfires burn, as well as collaborative efforts to increase survivability of homes and property, is paramount to coexisting in a wildfire environment; and (F) While homeowners and property owners in Colorado bear the ultimate responsibility to prepare their homes and property for wildfire, many still do not understand this responsibility, the risk they face living in the wildland-urban interface, or the necessary steps to reduce their wildfire risk. (II) Therefore, the general assembly declares that it is vital to the health and safety of Colorado's citizens, communities, and forests for local, state, and federal agencies in Colorado, in partnership with organizations engaged in wildfire risk mitigation in the state, to enhance outreach efforts to residents in the wildland-urban interface to educate and motivate those residents to engage in effective wildfire risk mitigation and wildfire preparedness activities. ealth and safety of Colorado's citizens, communities, and forests for local, state, and federal agencies in Colorado, in partnership with organizations engaged in wildfire risk mitigation in the state, to enhance outreach efforts to residents in the wildland-urban interface to educate and motivate those residents to engage in effective wildfire risk mitigation and wildfire preparedness activities. (b) (I) The forest service shall convene a working group of local, state, and federal partners engaged in wildfire risk mitigation, referred to in this subsection (9.5) as the "working group", to enhance outreach efforts to residents in the wildland-urban interface concerning effective wildfire risk mitigation and to coordinate the financial and other resources that may be available for such work. State and federal partners include the division of fire prevention and control in the department of public safety and the United States forest service. The forest service may invite other partners to join the working group and seek input from entities engaged in wildfire risk mitigation in the wildland-urban interface. (II) The working group shall: (A) Prior to the annual wildfire awareness month outreach campaigns in 2023 and 2024, consider how best to conduct an enhanced outreach campaign for the public that educates and motivates residents in the wildland-urban interface to engage in more wildfire risk mitigation; (B) Consider how best to distribute educational resources and information to residents in the wildland-urban interface, including the forest service's publication "The Home Ignition Zone" or a successor publication, and whether other educational and marketing tools could be developed to educate residents and motivate increased wildfire risk mitigation; (C) Consider which local, statewide, or regional outreach efforts, including direct mail, web-based material, telephone outreach, social media, print media, television and radio spots, billboards, and community events, are most effective in increasing awareness among the targeted residents in the wildland-urban interface of the importance of wildfire risk mitigation and how to prepare for wildfires; (D) Consider how best to coordinate efforts by working group partners and other entities engaged in wildfire risk mitigation to disseminate web-based educational resources and information concerning effective wildfire risk mitigation and wildfire preparedness activities through links to the forest service's web-based clearinghouse for technical assistance and to web-based resources of other working group partners and entities engaged in wildfire risk mitigation; (E) Consider how best to leverage existing state, local, and federal resources and expertise to implement the enhanced outreach efforts considered by the working group; and (F) Consider what funding or additional resources would be necessary for the forest service and other partners to build upon the enhanced wildfire awareness month outreach campaign, as well as other potential outreach efforts, in subsequent years. (c) After considering feedback from the working group, and subject to available appropriations, the forest service: (I) Shall implement an enhanced wildfire awareness month outreach campaign in conjunction with the division of fire prevention and control in the department of public safety and the United States forest service in 2023 through 2027; and (II) Shall implement other outreach efforts during the 2022-23 through 2026-27 state fiscal years that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface. s month outreach campaign in conjunction with the division of fire prevention and control in the department of public safety and the United States forest service in 2023 through 2027; and (II) Shall implement other outreach efforts during the 2022-23 through 2026-27 state fiscal years that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface. (d) (I) To implement this subsection (9.5), the forest service, subject to available appropriations, may: (A) Develop or contract for the development or placement of marketing and educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards; (B) Conduct or contract for educational events targeted to residents in the wildland-urban interface; (C) Retain consultants, as necessary, to implement all or part of an outreach campaign, as well as other outreach efforts; (D) Make enhancements to the forest service's web-based clearinghouse for technical assistance and funding resources created pursuant to subsection (9) of this section, as necessary, to better implement outreach efforts described in this subsection (9.5) and coordinate with working group partners and other entities engaged in wildfire risk mitigation to provide links to web-based educational resources and information; and (E) Secure necessary staff to implement the outreach efforts described in this subsection (9.5). (II) Consistent with the outreach plan, the general assembly may appropriate money to the division of fire prevention and control in the department of public safety. (e) (I) During the 2023 through the 2027 legislative interims, the state forester shall submit a report to the wildfire matters review committee created in section 2-3-1602 concerning outreach efforts implemented pursuant to this subsection (9.5) or, if the wildfire matters review committee is repealed, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees. (II) The report must include: (A) A description of the outreach efforts; (B) The amount and use of money appropriated to implement this subsection (9.5); (C) Data and information received by the forest service or its partners relating to the impact of the outreach efforts in increasing awareness of wildfire risk mitigation by residents in the wildland-urban interface; and (D) Proposed future outreach efforts, including any additional funding or other resources needed to implement those outreach efforts. (f) (I) For purposes of conducting ongoing wildfire awareness month outreach campaigns and other outreach efforts pursuant to subsection (9.5)(c) of this section, the general assembly shall appropriate forty thousand dollars to the healthy forests and vibrant communities fund created in subsection (10) of this section. (II) This subsection (9.5)(f) is repealed, effective July 1, 2028. (9.6) Carbon accounting framework. (a) On and after September 1, 2022, the state forest service shall develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for: (I) Ecosystems by county and forest cover type; and (II) Wood products. (b) The state forest service shall also develop a forest carbon co-benefit framework for project-level forest management practices, including wildfire mitigation. The state forest service shall use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service shall provide technical expertise to assist industry and landowners with carbon inventories and monitoring. ect-level forest management practices, including wildfire mitigation. The state forest service shall use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service shall provide technical expertise to assist industry and landowners with carbon inventories and monitoring. (c) As used in this subsection (9.6), unless the context otherwise requires: (I) "Carbon accounting framework" means a model that uses data from the forest inventory and analysis program of the United States department of agriculture's forest service to develop tabular data of carbon flux and stock estimates for all forest types and wood products in the state of Colorado. (II) "Forest carbon co-benefit framework" means a framework that links goals, strategies, and approaches in the 2020 Colorado forest action plan to forest management and wildfire risk mitigation practices that serve to improve carbon sequestration. (9.7) Wildfire mitigation resources and best practices grant program. (a) There is hereby created in the forest service the wildfire mitigation resources and best practices grant program, referred to in this section as the "grant program". Grant recipients may use the money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation. (b) The forest service shall administer the grant program and, subject to available appropriations, shall award grants as provided in this section. The forest service shall develop and publish policies and procedures to implement the grant program in accordance with this section. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant program application, and the grant program evaluation and reporting requirements for grant recipients. (c) To be eligible to receive a grant, an entity must be an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization that is registered and in good standing with the secretary of state's office. Applicants must meet any other criteria specified in the forest service's policies and procedures. (d) The forest service shall review the applications received pursuant to this section. The forest service shall only award grants to applicants proposing to conduct outreach among landowners in high wildfire hazard areas and shall consider the potential impact of the applicants' proposed outreach when awarding grants. (e) Subject to available appropriations, not later than January 1, 2024, and on or before January 1 each year thereafter for the duration of the grant program, the director shall award grants as provided in this section. Grants are awarded at the sole discretion of the director in accordance with this section. (f) On or before September 1, 2025, and on or before September 1 each year thereafter for the duration of the grant program, the forest service shall submit a report to the wildfire matters review committee, or any successor committee, on the grant program. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement continues until the grant program is repealed pursuant to subsection (9.7)(h) of this section. (g) Commencing no later than the fiscal year that begins on July 1, 2023, the general assembly shall annually appropriate money from the general fund to the healthy forests and vibrant communities fund, created in subsection (10)(a)(I) of this section, to implement the grant program. The forest service may use a portion of the money annually appropriated for the grant program to pay the direct and indirect costs that the forest service incurs to administer the grant program. eneral assembly shall annually appropriate money from the general fund to the healthy forests and vibrant communities fund, created in subsection (10)(a)(I) of this section, to implement the grant program. The forest service may use a portion of the money annually appropriated for the grant program to pay the direct and indirect costs that the forest service incurs to administer the grant program. (h) This subsection (9.7) is repealed, effective January 1, 2029. (10) Healthy forests and vibrant communities fund. (a) (I) There is hereby created in the state treasury the healthy forests and vibrant communities fund. The fund consists of all money that may be appropriated or transferred thereto by the general assembly and all private and public money received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of money in the fund is credited to the fund. The money in the fund is hereby continuously appropriated for the purposes specified in this section and remains available until expended. Any money not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund. (II) On July 1, 2017, and July 1, 2018, the state treasurer shall transfer one million one hundred eighty-six thousand three hundred sixty-three dollars from the general fund to the healthy forests and vibrant communities fund. (III) On June 15, 2021, or as soon as possible thereafter, the state treasurer shall transfer five million dollars from the general fund to the healthy forests and vibrant communities fund. (IV) Repealed. (b) By executive order or proclamation, the governor may access and designate moneys in the healthy forests and vibrant communities fund for healthy forests and vibrant communities activities, subject to paragraph (c) of this subsection (10). The state forest service shall implement the directives set forth in such executive order or proclamation. (c) Of the money transferred to the fund pursuant to section 39-29-109.3 (2)(n) prior to its repeal: (I) Three hundred eighty thousand dollars may be expended for purposes specified in subsection (4) of this section; (II) Two hundred thousand dollars may be expended for purposes specified in subsection (5) of this section; (III) One hundred thousand dollars may be expended for purposes specified in subsection (6) of this section; (IV) Sixty-five thousand dollars may be expended for purposes specified in subsection (7) of this section; (V) Two hundred thousand dollars may be expended for purposes specified in subsection (8) of this section; (VI) Three hundred sixty thousand dollars may be expended for purposes specified in subsection (9) of this section; and (VII) The unencumbered balance may be used for any purpose specified in this subsection (10)(c). (d) Repealed. (11) Repealed. (12) Notwithstanding any other provision of this section, the forest service's duties pursuant to this section shall be reduced pro rata with any reduction in the funding specified in this section. (13) In carrying out projects pursuant to this section, the forest service shall, whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. For purposes of this subsection (13), "accredited Colorado youth corps" means a youth corps organization that is accredited by the Colorado youth corps association.

C.R.S. § 23-31-314 Colorado forest biomass use work group - repeal

23-31-314. Colorado forest biomass use work group - repeal. (Repealed)

C.R.S. § 23-31-315 Technical support for the Colorado wildfire risk reduction grant program - repeal

23-31-315. Technical support for the Colorado wildfire risk reduction grant program - repeal. (Repealed)

C.R.S. § 23-31-316 Colorado forest health council - legislative declaration - repeal

23-31-316. Colorado forest health council - legislative declaration - repeal. (1) Legislative declaration. The general assembly hereby: (a) Finds that: (I) The forest health advisory council was created pursuant to House Bill 16-1255 within the Colorado state forest service to provide a collaborative forum to advise the state forester on a range of issues, opportunities, and threats with regard to Colorado's forests; (II) Since then, the council has met regularly to develop forest health priorities and recommendations, provide early and ongoing input on the development of the forest action plan, and convene discussions on issues such as landscape-scale planning, prescribed fires, watershed health, federal funding, and other topics; and (III) During the 2020 fire season, Colorado experienced its three largest wildfires in recorded history, with wildfires statewide burning over six hundred twenty-five thousand acres and costing at least two hundred eighty-five million dollars to suppress; and (b) Determines that: (I) The challenges facing Colorado's forests, from invasive species to wildfire activity, have become increasingly serious and complex; (II) The trend towards larger, more destructive, more frequent wildfires is expected to continue in the years to come as a result of historical fire suppression practices and ongoing climate-change-induced shifts in weather conditions and forest health; and (III) Investments in forest health and wildfire mitigation help avoid more expensive fire suppression and recovery costs and provide multiple benefits to individuals as well as society, including protection of lives and property, watersheds, wildlife habitat, livelihoods, and air quality; carbon sequestration; and opportunities for recreation and solace; and (c) Declares that: (I) As the issues related to forest health and wildfire mitigation have evolved, so has the manner in which the state seeks to address them, and creating a Colorado forest health council within the department of natural resources to report to the governor and the general assembly is the most effective and integrated structure through which to do so; and (II) Establishing the Colorado forest health council serves the interest of the state and local communities in developing effective strategies for forest health and wildfire mitigation. (2) Council created. There is hereby created within the division of forestry in the department of natural resources the Colorado forest health council, referred to in this section as the "council", to provide a collaborative forum to advise the governor and general assembly on a broad range of issues, opportunities, and threats with regard to Colorado's forests. (3) Membership. (a) The council consists of the following twenty-six members: (I) The following ex officio members or there designees: (A) The executive director of the department of natural resources, who is the chair of the council; (B) The state forester appointed pursuant to section 23-31-207; (C) The director of the division of fire prevention and control appointed pursuant to section 24-33.5-1201; (D) The regional forester or deputy regional forester for the United States forest service region 2; (E) The forestry program lead for the federal bureau of land management in Colorado; (F) The state conservationist for the natural resources conservation service in the United States department of agriculture; (II) The following members appointed by the governor: (A) An employee of the Colorado office of economic development created in section 24-48.5-101 with a leadership role and expertise in outdoor recreation; (B) One member who is an enrolled member of a tribe that has a reservation within Colorado; (C) Four county commissioners, two of whom must represent a county west of the continental divide and two of whom must represent a county east of the continental divide; f the Colorado office of economic development created in section 24-48.5-101 with a leadership role and expertise in outdoor recreation; (B) One member who is an enrolled member of a tribe that has a reservation within Colorado; (C) Four county commissioners, two of whom must represent a county west of the continental divide and two of whom must represent a county east of the continental divide; (D) One member who is employed or associated with a forest collaborative organization; (E) One member who is a forest scientist or is employed in a forest research position and has climate science expertise; (F) One member who is employed by a research institution and who has forest policy expertise; (G) Two members employed by a water supplier, including a municipal drinking water supplier and an irrigation water supplier, one of whom must reside in a county west of the continental divide and one of whom must reside in a county east of the continental divide; (H) One member who is employed by or associated with the timber industry; (I) One member who is employed by or associated with a conservation organization; (J) One member who is employed by or associated with the insurance industry; (K) One member who is employed by a public utility that owns or operates transmission facilities; (L) One member who owns a ranch and owns grazing rights on public lands; (M) One member who is employed by or associated with a wildlife organization; and (N) One member who is employed by or associated with an organization that advocates for motorized recreation; and (III) Two members of the general assembly, including a majority and minority representative from the wildfire matters review committee, one appointed by the president of the senate and one appointed by the speaker of the house of representatives; (b) The term of each council member is five years; except that the terms of council members appointed pursuant to subsection (3)(a)(II) of this section is three years. (4) Powers and duties. (a) The mission of the council is to improve forest health in Colorado through an integrated, science-based, statewide approach focused on collaboration among federal, state, and local governments, and private and nonprofit partners, to mitigate wildfire, restore ecological health, safeguard communities and water supplies, mitigate and adapt to climate change, support local economies, and protect recreational settings, as appropriate, across all jurisdictional boundaries. (b) In furtherance of its mission, the council shall engage in at least the following activities: (I) Making recommendations for forest health and wildfire mitigation capacity building and funding; (II) Development of, and recommendations for, attaining a thirty-year vision for forest health in Colorado, including developing goals and both annual and multi-year recommendations for actions to improve forest health and reduce fire risk through increased funding and capacity building; (III) Landscape-scale planning to identify state-level priorities for forest restoration, wildfire risk reduction, and related management; key barriers inhibiting the achievement of those priorities; and solutions to overcome those barriers; (IV) Monitoring trends related to forest ecosystem health, including those related to climate adaptation, and advising on opportunities for state-level action; (V) Monitoring and identifying opportunities to support and promote synergy across forest-based collaboratives in the state, including coordinating state funding sources and sharing best practices; nd solutions to overcome those barriers; (IV) Monitoring trends related to forest ecosystem health, including those related to climate adaptation, and advising on opportunities for state-level action; (V) Monitoring and identifying opportunities to support and promote synergy across forest-based collaboratives in the state, including coordinating state funding sources and sharing best practices; (VI) Identification of strategies for building sustained capacity to conduct forest restoration and wildfire mitigation work at scale through collaboration across multiple agencies, organizations, and jurisdictions; public-private partnerships; innovative public and private funding vehicles; shared stewardship; and other solutions, with emphasis on leveraging and maximizing the impact and reach of state funding; (VII) Identification of workforce development challenges and opportunities, as well as potential regional and statewide economic benefits, associated with a significant increase in wildfire mitigation and forest restoration activities; (VIII) Development and support of solutions to manage and utilize woody material produced by mitigation work, including consideration of climate change and ecological impacts; (IX) Development of legislative and regulatory recommendations for policies that could support wildfire mitigation and forest restoration goals; and (X) Providing technical expertise and recommendations to inform the general assembly, the executive branch, and federal and local agencies on forest health and wildfire mitigation issues. (5) Staff support. The division shall provide office space, equipment, and staff services as may be necessary to implement this section. (6) Reports. At a minimum, the council shall annually brief the wildfire matters review committee created in section 2-3-1602 and submit an annual report to the governor. (7) Repeal. This section is repealed, effective September 1, 2026. Before the repeal, this section is scheduled for review in accordance with section 2-3-1203.

C.R.S. § 23-31-317 Biomass utilization study - legislative declaration - report - definitions - repeal

23-31-317. Biomass utilization study - legislative declaration - report - definitions - repeal. (1) The general assembly: (a) Finds and determines that: (I) Three of the largest wildfires in Colorado's history occurred in 2020, with more than six hundred twenty-five thousand acres burned across the state; (II) It is estimated that two hundred fourteen million dollars was spent in Colorado in 2020 to fight forest fires; (III) With almost three million people in Colorado residing in the wildland-urban interface, these wildfires threaten human life as well as private property, public infrastructure, and the environment; (IV) The forest service has implemented a number of strategies to help mitigate the risk of wildfire, including engaging in educational outreach, providing technical assistance to communities in the WUI with the development of community wildfire protection plans, and treating forested lands to reduce the amount of fuel; (V) One promising strategy for wildfire mitigation is to increase the utilization of biomass to reduce fuel; and (VI) Increased biomass utilization would provide other environmental benefits such as: (A) Using biomass for electric and heat generation as a means to further diversify Colorado's renewable energy portfolio and, in furtherance of the governor's "Greenhouse Gas Pollution Reduction Roadmap" released on January 14, 2021, provide a carbon-neutral alternative energy source to fossil fuels; and (B) Applying biochar to soil as a means to improve soil health and provide carbon sequestration; and (b) Declares that it is in the interest of the state for the forest service to administer a grant program to demonstrate biomass utilization as a means to innovate wildfire mitigation, renewable energy development, soil health, climate change mitigation, and carbon sequestration. (2) As used in this section, unless the context otherwise requires: (a) "Biochar" means a charcoal that is produced by pyrolysis of biomass and is used as a soil amendment. (b) "Biomass" has the meaning set forth in section 40-2-124 (1)(a)(I). (c) "Forest service" has the meaning set forth in section 23-31-310 (2)(c). (d) "Fuel" has the meaning set forth in section 23-31-310 (2)(d). (e) "Pyrolysis" has the meaning set forth in section 40-2-124 (1)(a)(V). (f) "Wildland-urban interface" or "WUI" has the meaning set forth in section 23-31-310 (2)(f). (3) (a) The biomass utilization grant program is created to demonstrate the utilization of biomass throughout the state. The forest service, at the discretion of the state forester, may implement the grant program by awarding up to two million five hundred thousand dollars in grants for proposed projects that seek to demonstrate the following regarding biomass utilization: (I) Wildfire prevention and mitigation benefits derived from its utilization; (II) Energy benefits derived from increasing biomass energy generation; or (III) Agricultural benefits from increasing its usage as biochar. he grant program by awarding up to two million five hundred thousand dollars in grants for proposed projects that seek to demonstrate the following regarding biomass utilization: (I) Wildfire prevention and mitigation benefits derived from its utilization; (II) Energy benefits derived from increasing biomass energy generation; or (III) Agricultural benefits from increasing its usage as biochar. (b) The forest service, at the discretion of the state forester, may administer the grant program using money in the healthy forests and vibrant communities fund created in section 23-31-313 (10) and any gifts, grants, or donations received. The forest service may seek and expend gifts, grants, and donations to finance the biomass utilization grant program. (4) On or before March 1, 2023, and on or before each March 1 after a year in which the forest service awards one or more grants under the biomass utilization grant program, the forest service shall submit a report describing each project for which it has awarded a grant in the previous year, including a description of the type of biomass utilization that the project demonstrates, the geographic area served by the project, and the amount awarded for the project, to the governor and the agriculture, livestock, and water committee of the house of representatives and the agriculture and natural resources committee of the senate, or any successor committees. The forest service shall post the report on its website. (5) This section is repealed, effective September 1, 2026. Before the repeal, this section is scheduled for review in accordance with section 24-34-104.

C.R.S. § 23-31-318 Wildfire mitigation incentives for local governments - grant awards - fund - reporting - definitions - repeal

23-31-318. Wildfire mitigation incentives for local governments - grant awards - fund - reporting - definitions - repeal. (1) As used in this section: (a) "Dedicated revenue source" means one of the following revenue sources, singularly or in combination, adopted by a local government, that is intended to be used for forest management or wildfire mitigation efforts at the local level: (I) An existing or new tax imposed by the local government; (II) An existing or new mill levy approved by the voters of the local government; or (III) Approval by the voters of the local government of the retention on a permanent basis of excess revenue of the local government in accordance with section 20 (7)(d) of article X of the state constitution. (b) "Eligible recipient" means a local government that is eligible to receive a grant through the grant program. (c) "Forest service" means the Colorado state forest service identified in section 23-31-302. (d) "Fund" means the wildfire mitigation incentives for local government grant program fund created in subsection (7)(a) of this section. (e) "Grant program" means the wildfire mitigation incentives for local government grant program established in subsection (2) of this section. (f) "Local government" means a municipality, whether home rule or statutory, county, city and county, or special district. (2) The wildfire mitigation incentives for local government grant program is hereby established in the forest service. The grant program is established to provide state assistance in the form of grant awards to local governments to either match revenue raised by such governments from a dedicated revenue source or to expand existing programs administered by the local government on a long-term basis, which efforts at the local level are intended to be used for forest management or wildfire mitigation efforts at the local level. Such efforts include, without limitation, projects that promote fuel breaks, forest thinning, a reduction in the amount or extent of fuels contributing to wildfires, outreach and education efforts directed at property owners and other members of the public, and any other means of forest management or wildfire mitigation as determined appropriate for funding by the forest service. (3) (a) The forest service shall administer the grant program. (b) In connection with its administration of the grant program, the forest service shall create a process that ensures that grants are awarded after an open competition among eligible grant recipients. (4) (a) On or before March 1, 2023, the forest service shall adopt policies, procedures, and guidelines for the grant program that include, without limitation: (I) Procedures and timelines by which an eligible recipient may apply for a grant; (II) Criteria for determining grant eligibility and grant amounts; and (III) Reporting requirements for grant recipients. (b) All funding under the grant program must either match revenues raised by the local government from a dedicated revenue source or to supplement long-term programs administered by the local government, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level in accordance with policies, procedures, and guidelines developed by the forest service. (c) Notwithstanding any other provision of this section, a local government is eligible for funding under the grant program even in the absence of a dedicated revenue source if the local government has created and administers an existing program, project, or funding mechanism that creates long-term funding at the local level for wildfire mitigation or forest health or has created and administers other creative and innovative approaches for promoting wildfire mitigation and forest health. (5) In awarding grants, the forest service shall give preference to the following: the local government has created and administers an existing program, project, or funding mechanism that creates long-term funding at the local level for wildfire mitigation or forest health or has created and administers other creative and innovative approaches for promoting wildfire mitigation and forest health. (5) In awarding grants, the forest service shall give preference to the following: (a) Eligible recipients that make available a dedicated revenue source for wildfire mitigation or forest health; (b) Eligible recipients with territorial boundaries located within priority areas for wildfire mitigation as determined by the forest service; (c) Funding that is intended to benefit people residing in a community that ranks high on the social vulnerability index developed by the forest service; (d) Eligible recipients that make available dedicated and full-time employees to collaborate with private landowners to implement wildfire mitigation measures; (e) Initiatives of a longer duration that are intended to give eligible recipients a stable source of revenue for forest management and wildfire mitigation efforts; (f) Initiatives emphasizing a regional approach to promoting forest management and wildfire mitigation; and (g) Eligible recipients that have attempted unsuccessfully to create a dedicated revenue source for wildfire mitigation or forest health. (6) (a) An eligible recipient receiving funding from the grant program shall dedicate money received from the award to the same purpose for which the eligible recipient adopted the revenue source that qualified the eligible recipient for the award. (b) Eligible recipients may apply for funding from the grant program, and the recipient's application for funding may be approved by the forest service, before the local government has created a dedicated revenue source that forms the basis for the match if the electors of the local government approve a ballot issue creating the revenue source at an election that takes place in the same calendar year in which the funding is awarded. (c) The terms of any award under the grant program must be memorialized in a memorandum of understanding or similar form of agreement between the forest service and the eligible recipient. (d) Nothing in this section precludes a local government from using all or any portion of a grant awarded under this section from working with a community organization, a home owners association, or a similar organization or entity operating at the local level in administering a project supported by the grant program. (7) (a) The wildfire mitigation incentives for local government grant program fund is hereby created in the state treasury. The fund consists of money appropriated to the fund by the general assembly and any gifts, grants, or donations from any public or private sources, including governmental entities, that the forest service is hereby authorized to seek and accept. (b) The fund must only be used for the purpose of funding awards under the grant program less the administrative costs of the forest service, not to exceed five percent of the balance in the fund at any one time, in administering the grant program. (c) Except as otherwise required by this subsection (7), all money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, must remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the forest service for the purposes of this section. program. (c) Except as otherwise required by this subsection (7), all money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, must remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the forest service for the purposes of this section. (d) On July 1, 2022, the state treasurer shall transfer ten million dollars from the general fund to the fund. The forest service shall use the money transferred pursuant to this subsection (7)(d) in accordance with the requirements of subsection (7)(b) of this section. (8) (a) On or before November 1, 2024, and on or before November 1 of each year thereafter, the forest service shall publish a report summarizing the use of all of the money that was awarded under the grant program in the preceding fiscal year. At a minimum, the report shall specify the names of the local governments that have been awarded grants, the amount of funding distributed to each grant recipient, a description of each grant recipient's use of the grant money, and any other information deemed beneficial for inclusion in the report in the discretion of the forest service. The report must be posted on the website of the forest service. (b) In its presentation to the joint committees of reference pursuant to section 2-7-203, the department of higher education shall summarize the information contained in the report published by the division pursuant to subsection (8)(a) of this section. (9) The forest service shall prepare educational materials concerning the grant program, including examples of and guidelines for long-term investments in wildfire mitigation or forest health, and shall display such materials on its official website. In addition, the forest service shall undertake outreach activities to inform local governments located in priority areas for wildfire mitigation of the grant program. (10) This section is repealed, effective September 1, 2027. Before the repeal, the department of regulatory agencies shall review the grant program pursuant to section 24-34-104.

C.R.S. § 23-31-319 Forest service seedling tree nursery - necessary upgrades and improvements - definition - funding - reports - repeal

23-31-319. Forest service seedling tree nursery - necessary upgrades and improvements - definition - funding - reports - repeal. (1) Definition. As used in this section, unless the context otherwise requires, "nursery" means the Colorado state forest service seedling tree nursery located on the foothills campus of Colorado state university in Fort Collins and operated by the Colorado state forest service. (2) Greenhouses. To upgrade greenhouses and expand their capacity, the nursery shall: (a) Repair existing structures as needed; (b) Add square footage to existing structures or construct new structures; (c) Replace pumps and other equipment with equipment that is calibrated for current nutrient delivery standards; (d) Implement energy efficiency measures; (e) Implement modern pest control measures; and (f) Upgrade water delivery systems, including irrigation systems. (2.5) Field upgrades. To upgrade the fields where the nursery grows bare-root trees and shrubs, the nursery shall: (a) Install a new pump and pump house; (b) Overhaul the irrigation system; and (c) Grade and improve the roads to and within the fields. (3) Shade house structures. To improve and expand shade house structures, the nursery shall: (a) Remove and replace existing rotted structures; (b) Refill and level sunken or eroded ground; (c) Install new foundations; (d) Install new irrigation lines; and (e) Add square footage to existing structures, construct new structures, or both. (3.5) Seed storage cooler. To improve the capacity, security, and energy efficiency of seed storage, the nursery shall purchase a new seed storage cooler. (4) Containers and shipping supplies. To prepare for increased production, the nursery shall: (a) Purchase sufficient containers and shipping materials to serve the nursery's storage and shipping needs; and (b) Purchase a pressure washer to clean and sterilize containers for reuse. (4.5) Delivery trucks. To improve the timeliness of deliveries and eliminate the cost of renting delivery trucks, the nursery shall purchase two refrigerated box trucks. (5) Capacity, expertise, and infrastructure analysis. To guide further investment in the modernization of the nursery, the nursery shall contract with nursery management and reforestation professionals to conduct an analysis of priority capacity and knowledge investments that are necessary to address reforestation needs in response to more frequent and intense wildfire, flood, insect, and disease incidents. (6) Appropriation. For the 2022-23 and 2023-24 state fiscal years, the general assembly shall appropriate money to the Colorado state university system for allocation to and expenditure by the Colorado state forest service for the purposes specified in this section. Any money appropriated by the general assembly pursuant to this subsection (6) that is not expended before the end of the fiscal year for which it is appropriated remains available for expenditure for the same purposes until the close of the 2024-25 state fiscal year. (7) Reporting. No later than June 1, 2023, and no later than June 1 of any other year in which the Colorado state forest service expends money appropriated to the Colorado state university system pursuant to this section, the state forester shall submit a report concerning the use of money received by the Colorado state forest service pursuant to this section to the wildfire matters review committee created in section 2-3-1602 (1)(a). (8) Repeal. This section is repealed, effective January 1, 2026.

C.R.S. § 23-31-320 Timber, forest health, and wildfire mitigation industries workforce development program - creation - policies and procedures - legislative declaration - definitions

23-31-320. Timber, forest health, and wildfire mitigation industries workforce development program - creation - policies and procedures - legislative declaration - definitions. (1) The general assembly finds, determines, and declares that: (a) Finding qualified and trained employees is a significant challenge for the state's timber, forest health, and wildfire mitigation industries, and it is especially difficult to provide training to and opportunities to gain experience for younger workers who are interested in beginning careers in the timber, forest health, and wildfire mitigation industries; (b) The barriers to entry for younger workers who are interested in beginning a career in the timber, forest health, and wildfire mitigation industries are significant, including access to training programs that provide real-world work experience; (c) Internships are a recognized way to build a talent pipeline and career pathway to align education, training, and work-based learning; and (d) By offering incentives to timber businesses and forest health and wildfire mitigation entities to create internships, there will be more opportunities for students to obtain work experience with timber businesses or with forest health or wildfire mitigation entities. (2) As used in this section: (a) "Forest health or wildfire mitigation entity" means a for-profit or nonprofit entity located or operating in Colorado that engages in or focuses resources on forest health or wildfire mitigation activities, including prescribed burning as defined in section 24-33.5-1202, or other science-based forest management practices. (b) "Forest service" means the Colorado state forest service identified in section 23-31-302 and the division of forestry created in section 24-33-104. (c) "Program" means the timber, forest health, and wildfire mitigation industries workforce development program created in subsection (3) of this section. (d) "Timber business" means a for-profit business entity incorporated or located in Colorado that engages in or focuses resources on forestry; logging; the timber trade; or the production of wood products, such as furniture or secondary products, including wood pulp for the pulp and paper industry. (3) The timber, forest health, and wildfire mitigation industries workforce development program is hereby created in the forest service to provide incentives to timber businesses and forest health or wildfire mitigation entities to hire interns through partial reimbursement of the costs to such businesses and entities for hiring and employing interns. Not later than January 1, 2024, the forest service shall adopt policies and procedures for administering the program. The policies and procedures must specify, at a minimum: (a) The criteria for selecting a timber business or forest health or wildfire mitigation entity for participation in the program, including the ability of the business or entity to effectively supervise an intern and the opportunity for an intern to gain meaningful work experience; (b) The criteria for an internship to qualify under the program, including the following: (I) That the internship must provide an intern at least one hundred thirty hours of work experience; and (II) That the internship cannot exceed six months in duration per intern; (c) Best practices for a timber business or forest health or wildfire mitigation entity to use in recruiting and selecting interns to participate in internships who represent historically underrepresented communities in the timber, forest health, and wildfire mitigation industries. In developing best practices, the forest service shall specifically consider how to extend opportunities to individuals who have acquired experience in wildland fire services through the inmate disaster relief program created in section 17-24-124 (3). participate in internships who represent historically underrepresented communities in the timber, forest health, and wildfire mitigation industries. In developing best practices, the forest service shall specifically consider how to extend opportunities to individuals who have acquired experience in wildland fire services through the inmate disaster relief program created in section 17-24-124 (3). (d) The criteria for a timber business or forest health or wildfire mitigation entity to use in selecting interns to participate in its internship, including the educational experience required of an intern and the ability of the intern to perform meaningful work for the business or entity; (e) The process and timeline for selecting timber businesses and forest health or wildfire mitigation entities to participate in the program and for participating businesses and entities to select interns to participate in their internships; (f) The accounting requirements for tracking internship costs; and (g) The process a timber business or forest health or wildfire mitigation entity must use when applying to the program for reimbursement for a portion of its costs incurred in employing an intern. (4) Subject to available appropriations, the forest service may reimburse a participating timber business or forest health or wildfire mitigation entity an amount not to exceed fifty percent of the actual cost to the business or entity to employ an intern. The actual cost includes the wages paid to the intern, a reasonable allocation of fixed overhead expenses, and all incidental costs directly related to the internship. Based on the annual appropriation for the program, the forest service shall determine how many internships may be approved, the amount of reimbursement per internship, and whether a timber business or forest health or wildfire mitigation entity may be reimbursed for more than one intern in a single state fiscal year. However, a timber business or forest health or wildfire mitigation entity shall not be reimbursed for more than three internships in a single state fiscal year.

C.R.S. § 23-31-321 Wildfire mitigation and preparedness - rural grant navigator grant program - creation - administration - reporting - definitions

23-31-321. Wildfire mitigation and preparedness - rural grant navigator grant program - creation - administration - reporting - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Department" means the department of local affairs created in section 24-1-125. (b) "Forest service" means the Colorado state forest service identified in section 23-31-302. (c) "Nongovernmental organization" or "NGO" has the meaning set forth in section 24-37.5-102 (20). (d) "Rural grant navigator grant program" or "competitive grant program" means the competitive grant program authorized under subsection (2)(a) of this section. (2) (a) The forest service shall establish a rural grant navigator grant program to provide grant money for nongovernmental organizations providing outreach and technical assistance, including grant writing assistance, to rural communities seeking to apply for federal or state grants related to wildfire mitigation and preparedness. (b) On or after March 1, 2025, an NGO assisting one or more rural communities with obtaining federal or state grants related to wildfire mitigation or preparedness may apply to the forest service for grant money in accordance with application and eligibility guidelines that the forest service establishes pursuant to subsection (3) of this section for the competitive grant program. (3) (a) The forest service shall consult with NGOs that currently assist or are seeking to assist Colorado communities with wildfire mitigation and preparedness to develop criteria and guidelines for the competitive grant program. (b) The criteria and guidelines developed pursuant to subsection (3)(a) of this section must: (I) Be completed and posted on the website of the forest service on or before February 28, 2025; and (II) Include criteria and guidelines for at least the following aspects of the competitive grant program: (A) Eligibility requirements for NGO applicants assisting rural communities in seeking federal or state grant money for wildfire mitigation and preparedness efforts; (B) Application requirements; and (C) Participation requirements for selected NGOs, including requirements for coordination between selected NGOs to ensure nonduplication of efforts and for periodic reporting. (c) (I) After the forest service has created the competitive grant program, the forest service, to the best of its ability, shall consult on effective uses of the grant money and successful outcomes with: (A) The department; (B) The division of fire prevention and control created in section 24-33.5-1201 (1)(a); (C) The governor's office; (D) A rural county on the western slope; (E) A rural county on the eastern plains; and (F) A rural county in the southern part of the state. (II) The forest service, in consultation with selected NGOs, shall develop metrics to help the forest service assess the success of the competitive grant program. (4) (a) On or before March 1, 2026, and on or before March 1 each year thereafter, the forest service shall submit a written report summarizing the competitive grant program to the wildfire matters review committee created in section 2-3-1602 (1)(a) or, if the committee no longer exists, to both the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees. The forest service shall post copies of the reports on its website. (b) Notwithstanding section 24-1-136 (11)(a)(I), the written report specified in subsection (4)(a) of this section continues indefinitely.

C.R.S. § 23-31-401 Definitions

23-31-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Forest product" means any natural part of any plant including, but not limited to, firewood, logs, trees, evergreen boughs, and transplants in commercial quantities. (2) "Person" means an individual, partnership, corporation, firm, or association. (3) "Transplant" means any live plant that has been excavated and moved for the purpose of planting in a different location.

C.R.S. § 23-31-402 Owner's permission required - when

23-31-402. Owner's permission required - when. It is unlawful for any person to harvest and remove any forest product on land of another without first securing written permission from the owner of the land or the owner of the growth thereon, or his or her authorized agent. Only one permit shall be required of persons working in a crew.

C.R.S. § 23-31-403 Proof of ownership required - when

23-31-403. Proof of ownership required - when. (1) It is unlawful for any person to transport or possess any forest product in the state of Colorado without proof of ownership. Said proof of ownership shall be signed by the person transferring possession of said forest products and shall contain the date of the transfer of possession, the name and address of the transferee, the location at which the forest products were obtained, and the quantity of forest product transferred. Such proof of ownership may consist of one or more of the following: (a) A permit, contract, or other writing issued by the landowner or proper state or federal agencies; (b) A bill of sale or sales receipt showing title thereto; (c) A log or product load receipt or inventory; (d) A ticket issued by the seller authorizing removal of forest products; or (e) Any written statement by a person transporting forest products harvested or removed from property owned by such person. (2) Any person who transports or possesses any forest product intended for resale shall, upon request of any sheriff, undersheriff, deputy sheriff, police officer, town marshal, Colorado state patrol officer, parks and recreation officer, Colorado wildlife officer, or an agent of the Colorado bureau of investigation, exhibit valid proof of ownership.

C.R.S. § 23-31-404 Violation - penalty - defense

23-31-404. Violation - penalty - defense. (1) Any person who violates any provision of this part 4 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine equal to twice the retail value of the forest products involved. (2) Proof of ownership shall be an affirmative defense.

C.R.S. § 23-31-501 Acceptance of congressional grant of 1862

23-31-501. Acceptance of congressional grant of 1862. Full and complete acceptance, ratification, and assent is made and given by the state of Colorado to all of the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the act of the congress of the United States entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts.", established under the provisions of an act of congress, approved July 2, 1862.

C.R.S. § 23-31-502 Board of governors of the Colorado state university system to control fund

23-31-502. Board of governors of the Colorado state university system to control fund. The board of governors of the Colorado state university system has the control of the fund appropriated by the said act of congress and shall disburse the same for the use and benefit of the Colorado state university and in accordance with the terms and provisions of said act of congress.

C.R.S. § 23-31-503 Acceptance of congressional act of 1883

23-31-503. Acceptance of congressional act of 1883. Full and complete acceptance, ratification, and assent is made and given by the state of Colorado to all the provisions, terms, grants, and conditions and the purposes of the grants made and prescribed by the act of congress of the United States entitled "An Act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts.", approved July 2, 1862, as well as the amendments thereto, as made by the act of congress passed and adopted March 3, 1883, entitled "An Act to amend an act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts.", and all acts amendatory or supplementary to said acts.

C.R.S. § 23-31-504 Control, investment, and expending of funds

23-31-504. Control, investment, and expending of funds. (1) The board of governors of the Colorado state university system has control of the funds derived from the sale of lands donated by the said act of congress of 1862, and shall invest the same in securities which yield a fair and reasonable rate of return, and shall disburse the income therefrom for the use and benefit of the Colorado state university as required in the said act of congress. Said funds derived from the sale of lands donated by said act of 1862, and from lease or rental of unsold lands of such land grant, and from coal, oil, and mineral royalties from said lands may be invested in bonds of the United States; in state, county, municipal, and school district bonds; in state, county, and municipal registered warrants; in registered warrants of school districts; and in state anticipation building levy warrants, or in any or all of these, in the discretion of the board of governors of the Colorado state university system. (2) The warrants of the board of governors of the Colorado state university system to purchase such bonds, registered warrants, and anticipation warrants shall be approved and paid when accompanied by favorable opinion of the attorney general. All bonds, registered warrants, and anticipation warrants so purchased shall be registered in the name of the "treasurer of the state of Colorado for the account of the 'land grant fund of the Colorado state university'" and deposited with the state treasurer. (3) The general assembly of the state of Colorado engages that the principal of such fund forever remains unimpaired and the income thereof is applied without diminution to the uses and purposes prescribed in said act of congress; except that, as prescribed in said act of congress, a sum not exceeding ten percent of the principal of such fund may be expended by the board of governors of the Colorado state university system for the purchase or exchange of lands for sites or experimental stations, subject to the provisions of sections 24-75-301 to 24-75-303, C.R.S., and the approval of the governor.

C.R.S. § 23-31-505 Other funds - investment

23-31-505. Other funds - investment. The board of governors of the Colorado state university system has the right to invest in the same manner as provided in section 23-31-504 any other permanent funds, the principal of which is not subject to use, that may be held by or granted to the state for the use of the Colorado state university or other institutions under the control of the board of governors of the Colorado state university system.

C.R.S. § 23-31-506 Report on condition - appropriation

23-31-506. Report on condition - appropriation. The board of governors of the Colorado state university system, on or before the fifteenth day of December immediately preceding the convening of the general assembly, shall make a report to the governor and the joint budget committee showing the condition of said fund, the investment thereof, the security taken therefor, and the amount of income derived therefrom. The report shall be submitted by the governor to the general assembly. If the report shows any loss in such funds, the amount of the loss shall be included in the governor's budget in order that the general assembly may fulfill the contractual obligations assumed by the state in accepting the provisions and grants of said act of congress of 1862 through an appropriation to repay the loss and keep the principal of such fund unimpaired.

C.R.S. § 23-31-507 Management of funds

23-31-507. Management of funds. The board of governors of the Colorado state university system is designated to receive, manage, and disburse all funds not permanent in character derivable and derived under the several acts of congress supplementary to the act of congress of 1862.

C.R.S. § 23-31-508 Purpose of sections

23-31-508. Purpose of sections. It is the design of the general assembly in passing sections 23-31-503 to 23-31-508 to supplement and make more definite previous acts of acceptance of said several grants and the conditions thereof, and particularly to definitely provide for the management and investment of the permanent funds so derived, to the end that the engagements of the state with reference thereto may be kept.

C.R.S. § 23-31-509 Acceptance of congressional act of 1928

23-31-509. Acceptance of congressional act of 1928. Full and complete acceptance, ratification, and assent is made and given by the state of Colorado to all the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the act of congress of the United States entitled "An Act to provide for the further development of agricultural extension work at the agricultural colleges in the several states, receiving the benefit of the act entitled 'An Act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and mechanic arts', approved July 2, 1862, and all acts supplementary thereto, and the United States department of agriculture, approved May 22, 1928". The action of the governor of the state in accepting in behalf of the state of Colorado the provisions of the said act of congress for the period from its approval to the adjournment of the present session of the general assembly as authorized by said act of congress is ratified.

C.R.S. § 23-31-510 Control of funds

23-31-510. Control of funds. The board of governors of the Colorado state university system has the control of the funds appropriated by the said act of congress and shall disburse the same in accordance with the terms and provisions of the act of congress.

C.R.S. § 23-31-511 Congressional act of 1914 accepted

23-31-511. Congressional act of 1914 accepted. Full and complete acceptance and assent is made and given by the state of Colorado to the provisions, terms, and conditions made and prescribed by the act of congress of the United States entitled "An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several states receiving the benefits of an act of congress approved July 2, 1862, and of acts supplementary thereto, and the United States department of agriculture, known as the Smith-Lever Act, approved May 8, 1914". The Colorado state university in the state of Colorado is designated as the beneficiary of said act under the direction of the board of governors of the Colorado state university system.

C.R.S. § 23-31-512 Board to receive and expend funds

23-31-512. Board to receive and expend funds. The board of governors of the Colorado state university system is designated as the officer of the state of Colorado duly authorized to receive and expend the funds available under said act of congress to the state of Colorado for the uses and purposes therein prescribed.

C.R.S. § 23-31-513 Acceptance of congressional act of 1935

23-31-513. Acceptance of congressional act of 1935. Full and complete acceptance, ratification, and assent is made and given by the state of Colorado to all the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the act of congress of the United States entitled "An Act to provide for research into basic laws and principles relating to agriculture and to provide for the further development of cooperative agricultural extension work and the more complete endowment and support of land-grant colleges", approved June 29, 1935. The action of the governor of the state in accepting in behalf of the state of Colorado the provisions of the said act of congress for the period from its approval to the adjournment of the thirty-first session of the general assembly as authorized by said act of congress is ratified.

C.R.S. § 23-31-514 Control of funds from 1935 act

23-31-514. Control of funds from 1935 act. The board of governors of the Colorado state university system has the control of the funds appropriated by the said act of congress and shall disburse the same for the use and benefit of the Colorado state university for instruction, for research and investigations, and for cooperative agricultural extension work in accordance with the terms and provisions of said act of congress.

C.R.S. § 23-31-601 Acceptance of congressional act of 1862

23-31-601. Acceptance of congressional act of 1862. Full and complete acceptance, ratification, and assent is made and given by the state of Colorado to all of the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the act of congress of the United States entitled "An Act to establish agricultural experiment stations in connection with the colleges established in the several states, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto".

C.R.S. § 23-31-602 Control of fund

23-31-602. Control of fund. The board of governors of the Colorado state university system has the control of the fund appropriated by the said act of congress and shall disburse the same for the use and benefit of the agricultural experiment station department of the Colorado state university in accordance with the terms and provisions of said act of congress.

C.R.S. § 23-31-603 Acceptance of congressional act of 1906

23-31-603. Acceptance of congressional act of 1906. Full and complete acceptance, ratification, and assent is made and given by the state of Colorado to all the provisions, terms, grants, and conditions and purposes of the grants made and prescribed by the act of congress of the United States entitled "An Act to provide for an increased annual appropriation for agricultural experiment stations and regulate the expenditure thereof", approved March 16, 1906.

C.R.S. § 23-31-604 Board to control fund

23-31-604. Board to control fund. The board of governors of the Colorado state university system has the control of the fund appropriated by the said act of congress and shall disburse the same for the use and benefit of the agricultural experiment station department of the Colorado state university in accordance with the terms and provisions of said act of congress.

C.R.S. § 23-31-605 Board to cooperate with counties

23-31-605. Board to cooperate with counties. The board of governors of the Colorado state university system is authorized to cooperate with the several counties of the state in research work and in investigations of matters pertaining to the agricultural and industrial development of the counties and state upon such terms and in such manner as may be mutually agreed upon by the respective boards of county commissioners and the board of governors of the Colorado state university system.

C.R.S. § 23-31-606 Employees and specialists

23-31-606. Employees and specialists. The board of governors of the Colorado state university system is vested with the power to employ and to discharge, as in its opinion the interests of the service require, all employees and specialists engaged to carry out the provisions of this section and section 23-31-605.

C.R.S. § 23-31-607 Stations established

23-31-607. Stations established. For the furtherance and promotion of the agricultural interests of this state, agricultural experimental stations are established. The precise locations shall be determined as provided in section 23-31-608.

C.R.S. § 23-31-608 Board to secure lands

23-31-608. Board to secure lands. The board of governors of the Colorado state university system is authorized to select the necessary lands, secure the same either by lease or purchase, make all necessary improvements in the way of buildings and fences, and take such steps as it deems necessary to successfully establish said stations.

C.R.S. § 23-31-609 Board to supervise

23-31-609. Board to supervise. The board of governors of the Colorado state university system has the control and supervision of said station. It shall appoint a superintendent and such other officers and employees as necessary to carry on the said station successfully. It shall have power to fix salaries and all compensation of employees and is empowered to fix such rules and regulations necessary for the successful attainment of the object for which said station is established and maintained. It shall also appoint three resident trustees who shall act without compensation; except that, when it becomes necessary, they may be allowed traveling expenses in attending to the discharge of their duties.

C.R.S. § 23-31-610 Objects of stations

23-31-610. Objects of stations. The object of the agricultural experimental stations is to determine the adaptability of crops of grain, grasses, root crops, and all other growths which may grow in this latitude and the most economical method of producing the best results in growing such crops with and without irrigation.

C.R.S. § 23-31-611 Proceeds from station

23-31-611. Proceeds from station. The proceeds arising from the sale of products of agricultural experimental stations shall be applied in the liquidation of the running expenses. All moneys so accruing shall be credited as coming from the state and applied as part or whole payment of any amount which may be appropriated from the funds of the state for the maintenance of the stations.

C.R.S. § 23-31-612 Expenses - how paid

23-31-612. Expenses - how paid. To enable the board of governors of the Colorado state university system to carry out the provisions of sections 23-31-607 to 23-31-612, it is authorized to expend such amount as it may deem necessary in establishing agricultural experimental stations, out of any moneys which may accrue to the state by action of the congress of the United States for the purpose of establishing agricultural experimental stations in the various states and territories of the United States.

C.R.S. § 23-31-701 Short title

23-31-701. Short title. This part 7 shall be known and may be cited as the "Colorado Cooperative Extension Service Act".

C.R.S. § 23-31-702 Acknowledgment of related federal laws

23-31-702. Acknowledgment of related federal laws. (1) Section 23-31-511, accepting and assenting to the provisions, terms, and conditions of the act of congress known as the "Smith-Lever Act" (38 Stat. 372) providing for cooperative extension programs, is acknowledged. (2) Subsequent congressional enactments, including the "National Agricultural Research, Extension, and Teaching Policy Act of 1977" (Title XIV, Public Law 95-113, September 29, 1977), the "International Food and Agricultural Development Act of 1975" (Title XII, Public Law 94-161, December 20, 1975), and the "Rural Development Act of 1972" (Title V, Public Law 92-419, October 3, 1972), are acknowledged as authorizing, supplementing, expanding, and redefining the federal role in cooperative extension programs, including those conducted in cooperation with the Colorado cooperative extension service. (3) Nothing in this section shall be construed to oblige the state in any way to institute or maintain with state funds any program in contravention of the laws of Colorado or the interest of the general assembly in providing for the education needs of the people.

C.R.S. § 23-31-703 Responsibility and objectives

23-31-703. Responsibility and objectives. (1) Primary responsibility, according to section 23-31-702, for statewide programs of educational noncredit, informal extension conducted through cooperative federal, state, and county relationships and as more particularly authorized in this part 7 shall continue to lie with the Colorado state university cooperative extension service, referred to in this part 7 as the "service". (2) The objectives of the service's programs shall continue to be the dissemination of information to the people of this state in order to assist them in applying the results of scientific research and technological developments, as well as lessons from practical experience, to the solution of individual, family, and community problems, drawing on relevant knowledge from various fields, including but not limited to agriculture, natural resources, home economics, nutrition, health, citizenship, and community and economic development.

C.R.S. § 23-31-704 Organization - cooperative relationships

23-31-704. Organization - cooperative relationships. (1) The service is an organizational unit of the Colorado state university, under the supervision and control of the university's administration and the board of governors of the Colorado state university system. (2) Programs of the service shall reflect and respond to problems, needs, and opportunities in the state and its regions as formulated and articulated through the participation and involvement of the people, and said programs shall be conducted in accordance with program plans pursuant to agreements with federal and state agencies and with local governments and shall be consistent with authorizations of the congress, the general assembly, and local governments. (3) In support of program objectives, the service is authorized, pursuant to the policies of the university and the service's governing board, to enter into contracts and agreements with the United States department of agriculture, other federal departments and agencies, state departments, agencies, and institutions, county and other local governments, and private organizations and associations to further extension programs and to provide for funding and administration of said programs. (4) The service is authorized to establish a state advisory committee, which shall consist of no more than eighteen members who shall equitably represent all regions of the state, to assist in the planning, implementation, and evaluation of the extension programs statewide; is authorized to cooperate with boards of county commissioners in the creation of county or area advisory committees to assist local extension personnel in planning, developing, implementing, and evaluating programs and performance; may establish administrative standards, operating procedures, and methods for utilizing such advisory committees; and may make the utilization of said standards, operating procedures, and methods for utilizing such advisory committees a basis for program cooperation and coordination.

C.R.S. § 23-31-705 Authority to accomplish purposes of part

23-31-705. Authority to accomplish purposes of part. (1) The service is authorized, pursuant to applicable university, state, and federal policies and procedures, to spend appropriated funds, to collect and expend reasonable and proper service fees, to employ personnel, purchase materials and supplies, and to take other necessary action to facilitate the accomplishment of the purposes of this part 7, including but not limited to the following: (a) Training of group leaders and directing of group educational activities; (b) Conduct of workshops, institutes, conferences, and noncredit short courses at Colorado state university or at convenient locations in the state; (c) Use of demonstrations and other appropriate educational methods and dissemination of information by appropriate means, including press, radio, television, and other forms of communication; (d) Cooperation with federal, state, and local agencies, other universities and colleges, private organizations, and institutions to further program objectives; and (e) Development of interstate and multicounty administrative or program arrangements, memoranda of understanding, and agreements to achieve state extension objectives.

C.R.S. § 23-31-706 Reporting and accountability

23-31-706. Reporting and accountability. (1) In addition to such reports as may be required under federal laws and agreements, the service shall: (a) Provide annual reports to the governor reviewing activities and goal accomplishments, assessing the value and significance of extension program activities, and indicating problems, needs, and opportunities, especially such as might require the attention of the general assembly and the governor. Six copies of each report shall be filed with the legislative council. (b) Prepare such other information as may be requested by the general assembly or the governor in areas of the service's concern and responsibility.

C.R.S. § 23-31-707 Colorado AgrAbility project - extension program - creation - appropriation - legislative declaration

23-31-707. Colorado AgrAbility project - extension program - creation - appropriation - legislative declaration. (1) The general assembly finds that Colorado should expand the Colorado AgrAbility project by providing funding for the project's rural rehabilitation specialists with the goal of informing, educating, and assisting farmers, ranchers, and farm workers with disabilities and their families so they can continue to have successful careers in agriculture. (2) Colorado state university shall implement and administer the Colorado AgrAbility project, referred to in this section as the "AgrAbility project", in cooperation with the federal government pursuant to the "Food, Agriculture, Conservation, and Trade Act of 1990", as amended. Colorado state university shall expand the AgrAbility project by providing rural rehabilitation specialists with funding to provide information, services, and research-based, stress-assistance information, education, suicide prevention training, and referrals to behavioral health-care services to farmers, ranchers, agricultural workers, and their families to mitigate incidences of harmful responses to stress experienced by these individuals. Rural rehabilitation specialists shall be culturally responsive and trauma-informed. (3) For the 2021-22 fiscal year, and each fiscal year thereafter, the general assembly shall annually appropriate nine hundred thousand dollars to Colorado state university for the AgrAbility project to expand behavioral health education and services pursuant to subsection (2) of this section. (4) Nothing in this section prevents Colorado state university from complying with federal requirements for the AgrAbility project in order for Colorado state university to qualify for federal funds under the federal "Food, Agriculture, Conservation, and Trade Act of 1990", as amended.

C.R.S. § 23-31-801 Colorado water institute - creation

23-31-801. Colorado water institute - creation. (1) There is created the Colorado water institute, referred to in this part 8 as the "institute", for the following purposes: (a) Developing, implementing, and coordinating water and water-related research programs in collaboration with other state institutions of higher education and transferring the results of research and new technologies to potential users; (b) Creating and operating a water research information and education center as a statewide clearinghouse and archive for water resources, water quality, and water-related policy issues, including the training of future generations of water scientists, managers, planners, and educators; and (c) Conducting scientific research and policy analysis in areas including but not limited to water development and storage and surface water and groundwater hydrology, water resources management, water quality and aquatic habitat management and protection, water history and paleohydrology, drought planning and mitigation, and climate change and adaptation. (2) The institute is a unit of the Colorado state university under the supervision and control of the university's administration and the board of governors of the Colorado state university system. (3) The principal administrative officer of the institute is a director, who is appointed by the president of Colorado state university with the approval of the board of governors of the Colorado state university system and who is under the direct supervision of the president of Colorado state university or a vice-president designated by the president. To meet the purposes of the institute, the director, with the advice of the advisory committee established pursuant to section 23-31-802, shall develop appropriate policies and procedures for identification of priority research problems; collaborate with water managers and user associations, drought and climate change planning organizations, other universities, federal, state, and local government agencies, and the general assembly in the formulation of its research program; select projects to be funded; and disseminate information and transfer technology that is produced by the research. (4) It is the duty of the institute to: (a) Consult with state and local government agencies, water managers and user associations, drought and climate change planning organizations, water quality planning organizations, the general assembly, and other potential users of research in identifying and prioritizing the state's scientific and policy-related water research needs; (b) Negotiate and administer contracts with other state institutions of higher education for research projects; (c) Disseminate new information and facilitate transfer and application of new technologies as they are developed; (d) Provide a liaison between Colorado and the federal research funding agencies to act as an advocate for Colorado's water research needs; (e) Facilitate and stimulate scientific research and policy analysis that: (I) Deals with policy issues facing the general assembly; (II) Supports state water, public health, and water quality protection agencies' missions with water research on statewide water-related problems encountered and expected, including but not limited to the effects of climate change on water quality, water availability, run-off timing, drought planning, and future compact compliance; (III) Provides water planning and management organizations with tools to increase efficiency and effectiveness of water planning and management; (IV) Engages and trains future generations of the state's water professionals and educators; and (V) Examines the interconnections between climate change, water supply, and water quality and provides tools water managers and policymakers need to adapt to global climate change; (f) Establish and maintain a clearinghouse and archive of water research, water quality, and climate projection data; and IV) Engages and trains future generations of the state's water professionals and educators; and (V) Examines the interconnections between climate change, water supply, and water quality and provides tools water managers and policymakers need to adapt to global climate change; (f) Establish and maintain a clearinghouse and archive of water research, water quality, and climate projection data; and (g) Collaborate with the university of Colorado and Colorado state university in studying the feasibility of new and improved water-related technologies in accordance with section 23-20-141. (5) The institute is authorized to employ professional, clerical, and other personnel to implement the provisions of this part 8. (6) The institute is authorized to expend state money appropriated by the general assembly for cost sharing on projects funded with federal or private money. (7) State money granted, appropriated, or otherwise made available for water research conducted at the state's institutions of higher education may pass through the administrative control of the institute if the grant, appropriation, or other funding document specifies. If particular money is restricted, the institute may serve as an administrative entity of the money for state agencies that seek to utilize Colorado universities or colleges for water research. The institute has the power to accept gifts, grants, donations, appropriations, and other funding from any entity. The institute may provide oversight for the funding by ensuring research projects commence and are completed within the scope of agreements, invoices, contracts, purchase orders, intergovernmental agreements, or other fiscal devices used to fund research. The institute is authorized to assess a fee to implement its administrative authority. The fee may not exceed twenty percent of the total cost of the project being administered by the institute. The advisory committee created in section 23-31-802 shall annually review and establish the administration fee.

C.R.S. § 23-31-802 Advisory committee on water research policy

23-31-802. Advisory committee on water research policy. (1) There is created the advisory committee on water research policy, which consists of at least eleven members. Eight of the members are appointed by the director of the institute. The remaining members are the executive director of the department of public health and environment, the executive director of the department of natural resources, and the commissioner of agriculture, or their designees. (2) Appointed members of the advisory committee serve terms of four years. Members serve without compensation and are not entitled to reimbursement of expenses incurred in the performance of their duties. (3) The advisory committee recommends policy guidelines for implementing the functions of the institute; confers with state governmental agencies, nongovernmental agencies, and state institutions of higher education to set Colorado's water research priorities; and evaluates the programs of the institute. The advisory committee also advises and counsels the director of the institute and makes recommendations to assist the director in implementing this part 8.

C.R.S. § 23-31-803 Water research fund

23-31-803. Water research fund. There is established in the state treasury the water research fund, referred to in this part 8 as the "fund". The fund consists of money remaining in the water research fund as it existed prior to the repeal of section 23-31-803 in 2017, fees received by the institute pursuant to section 23-31-801 (7), and gifts, grants, and donations accepted by the institute. The money in the fund is continuously appropriated to the institute, and the institute may expend money from the fund for any purpose consistent with this part 8. Any interest derived from the deposit and investment of money in the fund is credited to the fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.

C.R.S. § 23-31-804 Republican river groundwater economic study - reporting - legislative declaration - definitions - repeal

23-31-804. Republican river groundwater economic study - reporting - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that: (a) In 1942, the general assembly ratified the Republican river compact, an interstate compact between Colorado, Nebraska, and Kansas regarding the allocation of water among the three states from the Republican river; (b) Various disagreements and litigation have arisen among the three states regarding the use of water as allocated by the compact; (c) In 2016, Colorado, Nebraska, and Kansas, acting through the Republican river compact administration, adopted a series of resolutions resolving various disputes among the three states; (d) Under the terms of one of the resolutions, Colorado agreed to reduce the number of acres irrigated within an area of the Republican river basin known as the South Fork focus zone by twenty-five thousand acres by December 31, 2029, which action is a solemn obligation of the state; (e) If Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution, the state engineer could be required to curtail all groundwater use subject to the Republican river compact; and (f) It is appropriate for the Colorado water center to study the economic impact that will result if Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution and the state engineer is then required to curtail all large-capacity groundwater withdrawals within the Republican river basin. (2) As used in this section, unless the context otherwise requires: (a) "Agricultural committees" means the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees. (b) Notwithstanding section 23-31-801 (1), "Colorado water center" or "center" means the institute. (c) "Large-capacity groundwater withdrawal" means the lawful ability to withdraw water in an amount of more than fifty gallons per minute from a well. (d) "Republican river basin" has the meaning set forth in section 37-50-102 (5). (e) "South Fork focus zone resolution" or "resolution" means the 2016 Republican river compact administration resolution signed by the commissioners of the Republican river compact administration on August 24, 2016, in which the state agreed to retire twenty-five thousand acres of its irrigated lands within the South Fork focus zone of the Republican river basin, and subsequent resolutions amending the terms of the resolution. (f) "State engineer" means the state engineer appointed by the governor pursuant to section 37-80-101. (g) "Water resources and agriculture review committee" means the water resources and agriculture review committee created in section 37-98-102 (1)(a)(I). (3) On or before January 1, 2026, the Colorado water center shall complete a study of the economic impact that will result if Colorado fails to meet its obligation under the terms of the South Fork focus zone resolution and the state engineer is then required to curtail all large-capacity groundwater withdrawals within the Republican river basin. In conducting the study, the Colorado water center shall examine the economic impact to the areas of Colorado, Nebraska, and Kansas affected by the Republican river basin. (4) The center shall: (a) Prepare a progress report of the study conducted pursuant to this section and present the progress report to a joint committee of the agricultural committees during the joint committee's 2025 hearing held pursuant to section 2-7-203 of the "SMART Act", part 2 of article 7 of title 2. The center shall submit a copy of the progress report to the water resources and agriculture review committee and, upon request of the committee, present the progress report to the committee. d present the progress report to a joint committee of the agricultural committees during the joint committee's 2025 hearing held pursuant to section 2-7-203 of the "SMART Act", part 2 of article 7 of title 2. The center shall submit a copy of the progress report to the water resources and agriculture review committee and, upon request of the committee, present the progress report to the committee. (b) On or before January 1, 2026, prepare a final report of the findings and conclusions from the study and post the final report on the center's website; and (c) During the 2026 calendar year, present the final report: (I) To the water resources and agriculture review committee; and (II) To the joint committee of the agricultural committees. (5) This section is repealed, effective January 1, 2027.

C.R.S. § 23-31-901 Legislative declaration

23-31-901. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) The national western stock show has been held annually in Denver for one hundred nine years, and it provides many important benefits to the state because it: (I) Is a showcase event for the western agricultural industry and related industries that promotes, supports, and helps to preserve the rural western lifestyle in our increasingly urbanized society and provides opportunities for dissemination of agricultural industry innovations and best practices locally, regionally, nationally, and internationally; (II) Funds scholarships for students studying agriculture, rural medicine, and veterinary science at institutions of higher education in the state and in Wyoming; and (III) Has an estimated annual economic impact to the state of about one hundred fifteen million dollars, hosting more national-level competitions than any other regional venue, and is considered one of the largest annual agricultural conventions and trade shows in the United States; (b) It is important to sustain and grow the national western stock show in Denver for the next one hundred years so that the state can continue to realize the benefits that it provides and additional benefits estimated to accrue from its transformational redevelopment, which include but are not limited to: (I) The significant economic benefit to the state that will result from the redevelopment and transformation of the site; and (II) The following significant economic impacts, which an economic analysis by strategic advisory group estimates, of developing the Colorado state university facilities at the national western center based upon the current ten-year build-out of the site without the use of financed purchase of an asset or certificate of participation agreements: (A) An additional one hundred million dollars in economic impact to the state, which the center will generate upon completion; (B) An increase to over two million two hundred thousand in total attendance annually; (C) Nine hundred sixty thousand five hundred new visitors annually, forty percent of whom will come from outside of Colorado; (D) Three thousand nine hundred twenty construction jobs; and (E) Five billion nine hundred million dollars in net new visitor spending over thirty years; (c) The existing grounds and facilities where the national western stock show is held are currently difficult to access, poorly integrated with surrounding neighborhoods, and functionally limited; (d) In order to ensure that the national western stock show can remain and thrive in Denver for the foreseeable future, and that additional, broad-based benefits of year-round activity can be realized, the national western stock show, the city and county of Denver, Colorado state university, the Denver museum of nature and science, and history Colorado formed the national western center partnership; ) In order to ensure that the national western stock show can remain and thrive in Denver for the foreseeable future, and that additional, broad-based benefits of year-round activity can be realized, the national western stock show, the city and county of Denver, Colorado state university, the Denver museum of nature and science, and history Colorado formed the national western center partnership; (e) The purpose of the national western center partnership is to redevelop and better integrate with surrounding neighborhoods the existing one hundred thirty acres of land on and near the existing site of the Denver coliseum and national western stock show grounds and to build and operate a new two-hundred-seventy-acre state-of-the-art, multi-purpose national western center to: (I) House the national western stock show; (II) Serve as a hub for year-round creative, P-20 experiential educational, research and commercial activity that promotes, supports, and helps to preserve the western lifestyle while highlighting innovation and global issues of health, food systems, food security, water, and the environment; and (III) Provide an attractive environment for additional agricultural business and science investments that will increase other economic and workforce development activity in the surrounding neighborhoods, encourage the revitalization of those neighborhoods, and position the state as an agricultural innovations cluster leader; and (f) At least twenty-four front range cities and towns already support the development of the national western center. (2) The general assembly further finds and declares that: (a) Agriculture is a forty-two billion dollar per year industry in the state, agricultural innovation has been growing at a rate that is four times the overall state economic growth rate, and agriculture continues to drive economic growth as a major driver of technological advancement, patent development, and entrepreneurship, much of which has global applicability; (b) Colorado ranked third in the nation in federal spending on agricultural research and development in 2011, with much of the funding being directed to universities and United States department of agriculture laboratories on the front range; (c) The involvement of Colorado state university at the national western center is a critical element of continued growth in agricultural innovation because it will create research and development opportunities, showcase Colorado's innovation economy on national and international stages, and create public-private partnerships with major industries that will advance science, technology, engineering, and mathematics (STEM) disciplines and have significant economic and scientific impact; (d) As Colorado's land-grant university, a substantial part of Colorado state university's educational mission is to provide agriculture-related research, education, and outreach and support Colorado's agricultural industry, and it does so by: (I) Offering a wide variety of highly respected agriculture-related undergraduate and graduate degree programs; (II) Operating several research centers and institutes and a veterinary teaching hospital; and (III) Providing accurate and unbiased information to the public regarding agriculture, gardening, nutrition, and natural resources-related topics through Colorado state university extension and its programs; (e) In furtherance of its mission as Colorado's land-grant university and one of the nation's premier agricultural and veterinary institutions, Colorado state university's focus at the national western center will be to advance academic, research, and outreach initiatives related to the state's broad-based economy in agriculture, food systems, health, and western culture, but it will not issue undergraduate or graduate academic degrees from the national western center; one of the nation's premier agricultural and veterinary institutions, Colorado state university's focus at the national western center will be to advance academic, research, and outreach initiatives related to the state's broad-based economy in agriculture, food systems, health, and western culture, but it will not issue undergraduate or graduate academic degrees from the national western center; (f) The national western center master plan provides for an integrated facilities program that includes a variety of facilities for Colorado state university, including an equine sports medicine clinic, a collaborative community outreach veterinary clinic and clinical trials center, a water resources center, and a Colorado state university center that may include: a food systems innovation and learning center; a Denver urban extension center; an educational urban farm with demonstration fields; classrooms; laboratories; a test kitchen and administrative space; and other facilities that are consistent with the national western center master plan vision and guiding principles that may be added as the site develops. In addition, the national western center needs support from and integration with Colorado state university's on-campus programs that support the national western center vision and proposed activities, including teaching, research, and outreach. An on-campus equine veterinary teaching hospital, the Malone center for biologic and translational therapies, and the anatomy teaching laboratory expansion or other facilities that are supportive of activity at the national western center as the site develops will be critically connected to the national western center project. (g) At full build-out of the two-hundred-seventy-acre national western center, there will be abundant opportunities for complementary co-location to advance food production, food safety, animal health, nutrition, natural resource conservation, and a broad range of related agricultural industries, resulting in estimated direct employment of six thousand people and indirect employment of an additional ten thousand people; (h) The national western center's centralized location relative to the state's main population centers and its relationship to the state's greatest concentration of agricultural production, commodity processing, and food manufacturing to the north, including but not limited to the availability of a skilled workforce pipeline and proximity to several public and private universities, will help it drive future agricultural innovations; and (i) It is necessary, appropriate, and in the best interests of the state to authorize the state, acting by and through the state treasurer, to enter into financed purchase of an asset or certificate of participation agreements for the purpose of providing financing for the construction of facilities for Colorado state university at the national western center and on-campus affiliated facilities, and such financing is contingent upon approval, through established state executive and legislative branch capital construction project review and approval processes, of specific projects to be financed and the voters of the city and county of Denver approving an extension of the lodging and car rental taxes or another similar tax, which would generate necessary funding for the national western center. Further, it is in the best interests of the state to accelerate the development of the Colorado state university educational facilities resulting in the following economic benefits to the state: (I) The state will realize the economic impact of the national western center sooner; (II) Overall facility costs will be reduced if design and construction is started sooner; and (III) Overall facility costs will also be reduced by taking advantage of historically low interest rates that are currently available.

C.R.S. § 23-31-902 Annual project report - national western center trust fund - creation - use

23-31-902. Annual project report - national western center trust fund - creation - use. (1) No later than August 1, 2016, and no later than August 1 of each year thereafter, the national western center partnership shall submit an annual national western center project report to the offices of the governor, the speaker and minority leader of the house of representatives, and the president and minority leader of the senate. The report must include an update on the national western center project work plan and a general progress report. If the national western center is requesting state funding based upon the phased development schedule for the national western center project, it must provide information regarding necessary facility programming and an estimated budget. (2) The national western center trust fund is created in the state treasury. The trust fund consists of money transferred from the general fund to the trust fund pursuant to subsection (3) of this section. Interest and income derived from the deposit and investment of the trust fund is credited to the trust fund. All unexpended and unencumbered money in the trust fund at the end of a fiscal year remains in the trust fund and shall not be credited to the general fund or any other fund. Subject to annual appropriation by the general assembly, the board of governors of Colorado state university may expend money from the trust fund to make payments payable under the terms of financed purchase of an asset or certificate of participation agreements entered into as authorized by section 23-31-903. The principal and interest of the trust fund shall not be expended or appropriated for any other purpose. (3) If, in order to contribute to the financing of the phased development of the national western center, the state enters into one or more financed purchase of an asset or certificate of participation agreements as authorized by section 23-31-903, on July 1 of any fiscal year commencing on or after July 1, 2019, for which money is due to a seller under such a financed purchase of an asset or certificate of participation agreement, the state treasurer shall transfer from the general fund to the national western center trust fund the lesser of twenty million dollars or the amount due to any seller during the fiscal year.

C.R.S. § 23-31-903 Authorization for financed purchase of an asset or certificate of participation agreements

23-31-903. Authorization for financed purchase of an asset or certificate of participation agreements. (1) (a) Subject to the requirements specified in subsection (1)(c) of this section, the state of Colorado, acting by and through the state treasurer, may execute one or more financed purchase of an asset or certificate of participation agreements for up to twenty years of principal and interest payments for the state to finance the construction of facilities for Colorado state university at the national western center and affiliated facilities at the Colorado state university campus. The total amount of the principal component of said financed purchase of an asset or certificate of participation agreement shall not exceed two hundred fifty million dollars, plus reasonable and necessary administrative, monitoring, and closing costs and interest, including capitalized interest. (b) Enactment of this part 9 satisfies the requirements of sections 24-82-102 (1)(b) and 24-82-801, which require authorization of a financed purchase of an asset or certificate of participation agreement by a bill other than an annual general appropriation bill or a supplemental appropriation bill. (c) The state shall not enter into a financed purchase of an asset or certificate of participation agreement as authorized by this section unless the specific facilities to be financed by the financed purchase of an asset or certificate of participation agreement have been included in the unified, five-year capital improvements report prepared and transmitted by the Colorado commission on higher education pursuant to section 23-1-106, prioritized for funding by the office of state planning and budgeting in its submission to the capital development committee made pursuant to section 24-37-304 (1)(c.3)(I)(C), recommended for funding by the capital development committee pursuant to section 2-3-1305, and included in the governor's annual executive budget proposed to the general assembly pursuant to section 24-37-301. Prior to closing, the state controller must approve all agreements relating to the financing of the facilities, and the voters of the city and county of Denver must approve an extension of the lodging and car rental taxes or another similar tax. (2) (a) A financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section must provide that all of the obligations of the state under the agreement are subject to the action of the general assembly in annually making money available for all payments thereunder. Payments under any financed purchase of an asset or certificate of participation agreement shall be made only from such action of the general assembly. No financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section creates any liability or indebtedness of Colorado state university. Such an agreement must also provide that the obligations do not create an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado and do not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. If the state of Colorado does not renew a financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section, the sole security available to the seller is the real property that is the subject of the nonrenewed financed purchase of an asset or certificate of participation agreement. meaning of section 20 (4) of article X of the state constitution. If the state of Colorado does not renew a financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section, the sole security available to the seller is the real property that is the subject of the nonrenewed financed purchase of an asset or certificate of participation agreement. (b) (I) A financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section may contain such terms, provisions, and conditions as the state treasurer may deem appropriate, including all optional terms; except that the financed purchase of an asset or certificate of participation agreement must specifically authorize the state of Colorado to: (A) Receive fee title to all real and personal property that is the subject of the financed purchase of an asset or certificate of participation agreement on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement; and (B) Reduce the term of the lease through prepayment of rental and other payments. (II) Any title to property received by the state on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement will be held by the state for the benefit and use of Colorado state university. (c) Any financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section may provide for the issuance, distribution, and sale of instruments evidencing rights to receive payments made and to be made under the financed purchase of an asset or certificate of participation agreement. The instruments may be issued, distributed, or sold only by the seller or any person designated by the seller and not by the state. The instruments do not create a relationship between the purchasers of the instruments and the state or create any obligation on the part of the state to the purchasers. The instruments are not notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the law of the state concerning or limiting the creation of indebtedness of the state and do not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. (d) Interest paid under a financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section, including interest represented by the instruments, is exempt from state tax. (e) The state of Colorado, acting through the state treasurer, is authorized to enter into such ancillary agreements and instruments as are deemed necessary or appropriate in connection with the financed purchase of an asset or certificate of participation agreements, including but not limited to ground leases, easements, or other instruments relating to the facilities to be purchased. (3) The provisions of section 24-30-202 (5)(b) do not apply to a financed purchase of an asset or certificate of participation agreement authorized in subsection (1) of this section or to any ancillary agreement entered into pursuant to subsection (2)(e) of this section. The state controller or his or her designee may waive any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable with respect to such a financed purchase of an asset or certificate of participation agreement or ancillary agreement.

C.R.S. § 23-31-904 Cooperative agreements for regional economic development not limited

23-31-904. Cooperative agreements for regional economic development not limited. Nothing in this part 9 limits the ability of Colorado state university and the city and county of Denver to enter into cooperative agreements, including intergovernmental agreements with adjoining entities, for the purpose of facilitating regional economic development and project enhancement.

C.R.S. § 23-31-905 National western center partnership - open meetings and open records laws apply - audit

23-31-905. National western center partnership - open meetings and open records laws apply - audit. (1) To the extent that such laws are not already applicable, upon the final approval of state funding for any national western center project pursuant to section 23-31-903: (a) The national western center partnership is subject to the open meetings provisions of the "Colorado Sunshine Act of 1972" contained in part 4 of article 6 of title 24, C.R.S., and the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S. For purposes of the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S., the records of the national western center partnership are public records. (b) The state auditor may, at any time thereafter, audit the national western center partnership.

C.R.S. § 23-31-1001 Legislative declaration

23-31-1001. Legislative declaration. (1) The general assembly finds and determines that: (a) More than one-third of rural communities in Colorado have at most one livestock-oriented veterinarian, thus leaving the owners of hundreds of thousands of livestock with little or no access to veterinary medicine; (b) Food security and safety are directly linked to animal health; (c) Colorado plays a key role in meeting our growing population's increasing demand for protein; (d) According to nationwide market statistics developed for the American Veterinary Medical Association, less than five percent of veterinarians in the United States practice predominantly on livestock; (e) Rural veterinarians play a critical role in protecting the health of animals and humans; (f) Many graduates of Colorado state university's college of veterinary medicine and biomedical sciences were raised in rural areas and are interested in livestock-oriented practice; however, these graduates often feel limited to practice in areas of the state with higher starting salaries due to their loan repayment obligations; and (g) Loan forgiveness and repayment programs in other states have improved veterinarians' ability to pursue veterinary practices in rural areas. (2) Therefore, the general assembly determines and declares that a veterinary education loan repayment program would benefit Colorado by providing financial incentives for veterinarians to practice in rural areas in which veterinary needs are not currently being met.

C.R.S. § 23-31-1002 Definitions

23-31-1002. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Council" means the state veterinary education loan repayment council created in section 23-31-1003. (2) "Licensed veterinarian" has the same meaning as set forth in section 12-315-104 (11). (3) "Program" means the state veterinary education loan repayment program created in section 23-31-1004. (4) "Rural" means: (a) A county with a population of fewer than thirty thousand; or (b) A municipality with a population of fewer than twenty thousand if the municipality is not contiguous to a municipality with a population of twenty thousand or more. (5) "Veterinarian" has the same meaning as set forth in section 12-315-104 (18). (6) "Veterinary shortage area" means a rural area that the council determines has a shortage of veterinarians practicing in the area.

C.R.S. § 23-31-1003 State veterinary education loan repayment council - creation - membership

23-31-1003. State veterinary education loan repayment council - creation - membership. (1) There is hereby created in Colorado state university's college of veterinary medicine and biomedical sciences the veterinary education loan repayment council, referred to in this part 10 as the "council". The council shall be under the direct supervision of the dean of Colorado state university's college of veterinary medicine and biomedical sciences or the dean's designee. The dean or the dean's designee may authorize staff assistance to provide administrative support for the council if such staff assistance can be provided within Colorado state university's existing appropriations. (2) (a) The council consists of five directors appointed by the governor. A director of the council: (I) Must not be an elected official; (II) May serve up to three consecutive terms; and (III) Shall not receive compensation for his or her membership on the council but may be reimbursed for any necessary and reasonable expenses incurred while performing his or her duties as a director of the council. (b) (I) The governor shall appoint the following representatives to the council: (A) At least one director who is a member of the faculty or staff of Colorado state university's college of veterinary medicine and biomedical sciences; (B) The commissioner of agriculture or the commissioner's designee; (C) At least one director who is associated with, and able to represent the interests of, the Colorado livestock industries; and (D) At least one director who is associated with, and able to represent the interests of, the Colorado Veterinary Medical Association or a successor organization. (II) Directors are appointed for terms of four years; except that the terms shall be staggered so that no more than three directors' terms expire in the same year. (III) Unless extenuating circumstances such as illness or death require otherwise, each director shall hold office until the director's successor is appointed. (3) The governor, at the governor's pleasure, may remove a director of the council at any time. If a director vacates the director's seat on the council during the term for which the director was appointed, the governor shall fill the resultant vacancy by appointing a director for the remainder of that term. The successor director must meet the same qualifications under this section as the successor's predecessor. (4) (a) At the first meeting of the council, and as necessary thereafter, the directors shall appoint from their membership a chair and vice-chair of the council, who have joint authority over the council's financial matters, including loan repayment authorizations based on the council's approval of loan repayment applications. (b) Pursuant to section 24-6-402, the council shall conduct all business at regular or special meetings that are open to the public. The council shall meet as often as necessary to perform its duties under this part 10. (c) Council action requires the affirmative vote of a majority of the total membership of the council.

C.R.S. § 23-31-1004 State veterinary education loan repayment program - creation - purpose

23-31-1004. State veterinary education loan repayment program - creation - purpose. The council shall administer the veterinary education loan repayment program to provide financial incentives to licensed veterinarians to practice veterinary medicine in veterinary shortage areas of the state through assistance with the repayment of veterinary education loans.

C.R.S. § 23-31-1005 Council powers and duties

23-31-1005. Council powers and duties. (1) To implement this part 10, the council shall: (a) Pursuant to the criteria set forth in section 23-31-1006, determine the eligibility and qualifications of an applicant for loan repayment under the program; (b) With respect to the veterinary shortage areas that are in need of veterinary medical services: (I) Identify and designate the veterinary shortage areas that will participate in the program pursuant to the criteria established by the council as set forth in section 23-31-1007; (II) Establish a priority ranking for the designated veterinary shortage areas participating in the program based on level of need; and (III) Annually update the list of designated veterinary shortage areas and the priority rankings; (c) In accordance with the maximum amounts set forth in section 23-31-1009, determine the amount of loan repayment money to which an applicant selected under the program is eligible, based on the unpaid amount of any outstanding education loan that meets the criteria set forth in section 23-31-1006 (2); and (d) Upon selecting an applicant, enter into a renewable contract with the selected applicant and the designated veterinary shortage area to which the selected applicant has been matched to provide loan repayment money on the selected applicant's behalf in exchange for the selected applicant's agreement to actively practice veterinary medicine in the veterinary shortage area. (2) In furtherance of its duties under this part 10, the council may: (a) Receive and use money appropriated for or donated to the program to be used in furtherance of the program; (b) With respect to any contract that the council has entered into with a selected applicant and a designated veterinary shortage area under the program: (I) Enforce the contract; or (II) Cancel the contract for good cause based on a determination that the applicant is not complying with the terms of the contract; (c) Monitor federal programs that support the repayment of education loans incurred by veterinarians; and (d) Accept property from another entity to be used in furtherance of the program.

C.R.S. § 23-31-1006 Program applicant eligibility - criteria

23-31-1006. Program applicant eligibility - criteria. (1) Each year, the council shall select up to six qualified veterinarian applicants to participate in the program. The number of applicants that the council may choose in a given year is dependent on the amount of money available in that year for the council to award under the program. (2) To be eligible for repayment under the program, an applicant must: (a) Be a licensed veterinarian who: (I) Agrees, in the form and manner determined by the council, to practice veterinary medicine in a veterinary shortage area, as designated by the council pursuant to section 23-31-1007. (II) (Deleted by amendment, L. 2023.) (b) Currently live in Colorado or, at some point, have lived in Colorado for at least three years; and (c) Have an outstanding education loan: (I) That was incurred in relation to the applicant's attendance at an accredited doctor of veterinary medicine school located in the United States; (II) For which the applicant is not in default; and (III) That has not been consolidated with any loans incurred by a spouse. (3) An applicant selected for loan repayment under the program: (a) Is eligible for an amount: (I) Up to ninety thousand dollars pursuant to the maximum yearly repayment amounts set forth in section 23-31-1009; and (II) That correlates to the applicant's outstanding veterinary education loans; (b) Shall contract with the council to provide veterinary medical services in one or more designated veterinary shortage areas for a period up to four years. (4) In establishing the applicant eligibility criteria for loan repayment under the program, the council shall consider the following factors with respect to the applicant's compatibility with a designated veterinary shortage area: (a) An applicant's training with respect to, ability to provide, and willingness to engage in, food animal veterinary medicine and the extent to which the designated veterinary shortage area needs food animal veterinary medical services; (b) An applicant's commitment to practice veterinary medicine in the designated veterinary shortage area; (c) An applicant's date of availability to practice veterinary medicine in the designated veterinary shortage area; and (d) An applicant's competence, as determined by the state board of veterinary medicine created in section 12-315-106, and ability to fulfill the duties identified in the application. (5) The council shall give priority to eligible applicants who: (a) Have graduated from Colorado state university's college of veterinary medicine and biomedical sciences; and (b) With respect to a designated veterinary shortage area: (I) Have lived in the veterinary shortage area or a nearby area; (II) Have family in the veterinary shortage area or a nearby area; or (III) Live, or have lived, in a substantially similar rural area of the state.

C.R.S. § 23-31-1007 Designated veterinary shortage areas - criteria

23-31-1007. Designated veterinary shortage areas - criteria. (1) In designating a community a veterinary shortage area, the council shall consider: (a) The veterinary service needs identified by the community, giving priority to communities that demonstrate the potential for significant negative food animal health impacts within Colorado if their veterinary service needs are not met; (b) The number of veterinarians practicing in the community and its surrounding area; (c) The existing access residents of the community and its surrounding areas have to veterinary services; and (d) The degree to which residents or livestock producers support the addition of a veterinarian within the community. (2) For communities that the council identifies as veterinary shortage areas based on their demonstrated need for veterinary services, the council, in designating which veterinary shortage areas to match with veterinarians through the program, shall prioritize the veterinary shortage areas based on their demonstrated level of need for veterinary services. (3) In evaluating a veterinary shortage area to determine whether to designate the veterinary shortage area for participation in the program, the council may consult with public and private entities and visit the veterinary shortage area.

C.R.S. § 23-31-1008 Release from contract obligation

23-31-1008. Release from contract obligation. (1) The council shall release a veterinarian selected for repayment under the program from his or her veterinary loan repayment contract without penalty if: (a) The veterinarian has completed the service requirements of the contract; (b) The veterinarian is unable to complete the service requirement of the contract because of a permanent physical disability; (c) The veterinarian demonstrates to the council extreme hardship or other good cause justifying release from the contract; or (d) The veterinarian dies. (2) A decision by the council not to release a veterinarian from the veterinarian's loan repayment contract without penalty is a final agency action that is reviewable by a district court.

C.R.S. § 23-31-1009 Loan repayment

23-31-1009. Loan repayment. (1) The council shall make all payments under the program on a veterinarian's behalf to the issuer or purchaser of the veterinarian's student loan. (2) As required by a selected veterinarian's contract under the program, the veterinarian is eligible for the following amounts of loan repayment: (a) Upon completion of six months of the first year of service under the program, fifteen thousand dollars; (b) Upon completion of a second year of service under the program, an additional twenty thousand dollars; (c) Upon completion of a third year of service under the program, an additional twenty-five thousand dollars; and (d) Upon completion of a fourth year of service under the program, an additional thirty thousand dollars. (3) A veterinarian is not entitled to receive more than seventy thousand dollars under the program. (4) If, for any of the years of service for which a veterinarian selected under the program is contracted to provide service, the veterinarian fails to complete the entire year of service, the council shall prorate the amount of loan repayment on the veterinarian's behalf for that year.

C.R.S. § 23-31-1010 Veterinary education loan repayment fund - creation - gifts, grants, and donations

23-31-1010. Veterinary education loan repayment fund - creation - gifts, grants, and donations. (1) (a) The veterinary education loan repayment fund, referred to in this part 10 as the "fund", is created in the state treasury. (b) (Deleted by amendment, L. 2023.) (c) The fund also consists of money credited to it pursuant to subsection (5) of this section and any additional money that the general assembly may appropriate or transfer to the fund. (d) On September 1, 2023, the state treasurer shall transfer five hundred forty thousand dollars from the general fund to the fund. (2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (3) The state treasurer shall credit any unexpended and unencumbered money remaining in the fund at the end of a fiscal year to the fund. (4) Money in the fund is continuously appropriated to the council for implementation of the program under this part 10. (5) (a) The council may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 10. The council shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. (b) The council may contract with a public or private entity and may expend money available to the council to obtain matching funds for the purpose of this part 10. (c) If an entity desires to provide a gift, grant, or donation of money to the council for the placement of a veterinarian in a specific veterinary shortage area, the entity shall commit to provide the full amount required under the program for placement of a veterinarian in that veterinary shortage area for four years. (d) For purposes of this subsection (5), "gifts, grants, or donations" include money from an endowment. (6) In accordance with section 24-75-402 (2)(a) and for each fiscal year, the alternative maximum reserve for the fund is thirty-three and three-tenths percent of the amount expended from the fund during the fiscal year.

C.R.S. § 23-31-1101 Legislative declaration

23-31-1101. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) In September 2009, the federal centers for disease control and prevention reported that no state in the country was meeting national goals for the amount of fruits and vegetables that Americans should be eating. As a result, the centers for disease control and prevention identified, as a first strategy, the creation of food policy councils to improve the food environment and economies at the local, regional, and state levels. (b) Food policy councils consist of multistakeholder organizations that employ a food systems approach that facilitates evaluation and program development at every stage of the food process from farm to table. By 2016, there were over two hundred twenty food policy councils throughout the United States addressing issues such as healthy food access, economic development, and food procurement. Colorado's food systems advisory council, which was created in 2010, has focused primarily on strengthening healthy food access for all Coloradans through the growth of Colorado agriculture and local food systems and economies. (c) In 2017, Colorado state university, in partnership with the council and others, released the Colorado blueprint of food and agriculture that identified key assets, emerging issues, and shared priorities for future investments in food and agriculture throughout Colorado. The blueprint and the existing work of the council demonstrate that building local, regional, and state food economies will create jobs, stimulate statewide economic development, and circulate money from local food sales within local communities. (d) The continuation and enhancement of the council is necessary to address the recommendations in the blueprint to support food system changes designed to grow local, regional, and statewide food economies within which agricultural producers have access to new markets and Colorado's population has improved access to fresh, affordable, and healthy foods; and (e) Building robust, resilient, and long-term local and regional food economies in Colorado will preserve and protect the natural environment; increase consumer access to fresh, healthy, and safe foods; and provide greater food security for all Coloradans.

C.R.S. § 23-31-1102 Colorado food systems advisory council - created - membership - terms - vacancies

23-31-1102. Colorado food systems advisory council - created - membership - terms - vacancies. (1) There is hereby established within Colorado state university the Colorado food systems advisory council, referred to in this part 11 as the "council". The council is created as an advisory committee to provide recommendations regarding increasing healthy food access for all Colorado residents, creating economic opportunities for Colorado agricultural producers and food-related businesses, and strengthening local and regional food systems. (2) The council consists of: (a) The following six members appointed as indicated: (I) One representative of the department of education, appointed by the commissioner of education; (II) One representative of the department of public health and environment, appointed by the executive director of the department of public health and environment; (III) One representative of the department of agriculture, appointed by the commissioner of agriculture; (IV) One representative of the department of human services, appointed by the executive director of the department of human services; (V) One representative of the Colorado state university extension, appointed by the director of the Colorado state university extension; and (VI) One representative of the Colorado office of economic development, created in section 24-48.5-101, appointed by the director of the office of economic development; (b) Five members appointed by the governor or the governor's designee as follows: (I) Two members who are recipients of a federal food assistance program, at least one of whom is a recipient of the supplemental nutrition assistance program; (II) One member who is knowledgeable about nutrition, preferably a physician licensed in this state or a registered dietitian; and (III) Two members who represent food wholesalers or food retailers, one of whom must be a direct market retailer; and (c) Twelve members on a rotating basis in the order listed in this subsection (2)(c), as new positions or vacancies arise, appointed by the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate, as follows: (I) One member who represents a statewide anti-hunger organization; (II) Two members who are knowledgeable about federal agencies, one of whom has expertise in federal food and nutrition service programs and one of whom has expertise in rural community and regional development programs or community and economic development programs; (III) One member from an academic institution who specializes in economic systems, agriculture, or health care; (IV) Two members who represent institutional procurement, one of whom is from an educational setting and one of whom is from a health-care setting; (V) One member who represents a local, nonprofit, community organization engaged in a farm-to-school program or local food systems; (VI) One member who represents a food distributor or a food hub; (VII) Two members who represent different sectors of agricultural production, one of whom is a specialty crop producer and at least one of whom sells agricultural products to a public school or school district; (VIII) One member who is a representative of a statewide healthy food systems organization; and (IX) One member who is a representative of a food bank. (2.1) If two new positions or vacancies listed in subsection (2)(c) of this section open simultaneously, the individual first scheduled to appoint pursuant to subsection (2)(c) of this section shall choose which position to appoint. (3) In making appointments to the council, the appointing authorities shall ensure, to the extent possible, that the membership of the council includes geographic and social diversity, as well as a balance of expertise, both governmental and nongovernmental, in issues relating to Colorado's food systems. appoint pursuant to subsection (2)(c) of this section shall choose which position to appoint. (3) In making appointments to the council, the appointing authorities shall ensure, to the extent possible, that the membership of the council includes geographic and social diversity, as well as a balance of expertise, both governmental and nongovernmental, in issues relating to Colorado's food systems. (4) Each member of the council serves at the pleasure of the appointing authority who appointed the member. Each member of the council serves a three-year term; except that the governor or the governor's designee shall appoint six members to serve two-year terms and four members to serve four-year terms. An appointing authority may reappoint the member for one additional three-year term. (5) Repealed. (6) Any vacancy on the council shall be filled in the same manner in which the original appointment was made, and the term is for the balance of the unexpired term of the member whose position on the council is vacant. (7) A majority of the members of the council shall elect a chair and a vice-chair, who shall serve for two-year terms. A member of the council who is an executive director or commissioner of a state department or the executive director's or commissioner's designee may be elected to be a chair or a vice-chair of the council, but both positions shall not be held at the same time by members who are executive directors or commissioners of state departments or their designees. (8) Each member of the council serves without compensation but may be reimbursed from the food systems advisory council fund created in section 23-31-1105 for actual and necessary subsistence and travel expenses incurred in the performance of the member's duties as a member of the council. (9) The chair shall hold meetings as often as the chair deems necessary but not less than four times each calendar year. The council shall adopt policies and procedures necessary to carry out its duties. If needed, and if funding is available, Colorado state university may staff the council.

C.R.S. § 23-31-1103 Council - purpose and duties

23-31-1103. Council - purpose and duties. (1) The purpose of the council is to grow local, regional, and statewide food economies within which producers have access to new markets and low-income populations have access to fresh, affordable, and healthy foods. Duties of the council include: (a) Collaborating and coordinating with agricultural producers, relevant state and federal educational institutions, nongovernmental organizations, and consumers to connect state and federal agencies and to provide Colorado agricultural producers, including fruit and vegetable producers, with viable market opportunities. Areas of focus include: (I) Connecting Colorado agricultural producers to federal food assistance programs by functioning as an interagency liaison between relevant state and federal agencies; (II) Leveraging the purchasing power of the state's institutions to create new and reliable markets for Colorado agricultural products and support the growth of robust and resilient food systems while providing fresh, affordable, and healthy foods to vulnerable populations; and (III) Examining best practices to advance or improve distribution systems and develop new markets for Colorado agricultural producers. (b) Conducting research regarding national best practices regarding food and nutrition assistance, direct and intermediated market development, institutional procurement, and farm-to-school programs; (b.5) Serving as a resource for research and support at the request of the governor, members of the general assembly, or any state agency in connection with the council's purpose and duties in subsections (1)(a) and (1)(b) of this section; (c) Collaborating with, serving as a resource to, and receiving input from local and regional food policy councils in the state; and (d) Exploring methods of collecting and assessing statewide data relating to council activities and reporting the relevant information and data regarding council activities as required by section 23-31-1106. (2) The department of agriculture, department of education, department of human services, and department of public health and environment shall cooperate with the council with respect to the council's duties specified in subsection (1) of this section. (3) The council shall accept and consider public comment regarding any research or reports created by the council pursuant to subsections (1)(b) and (1)(b.5) of this section. The council shall receive public comment for a minimum of sixty days.

C.R.S. § 23-31-1104 Subcommittees of the council

23-31-1104. Subcommittees of the council. (1) (a) The council may create subcommittees, as the council deems necessary, to carry out the work of the council. (b) If created, the subcommittees must include representatives of the council and may include persons appointed by the chair and the vice-chair of the council who are not members of the council. (2) Repealed.

C.R.S. § 23-31-1105 Fund - acceptance of gifts, grants, or donations

23-31-1105. Fund - acceptance of gifts, grants, or donations. (1) For the purposes of carrying out the duties of the council, the council is authorized to seek and accept gifts, grants, or donations, including in-kind donations, from private or public sources for the purposes of this part 11; except that the council may not accept a gift, grant, or donation that is subject to conditions that are inconsistent with this part 11 or any other law of the state. The council may accept in-kind donations of staff services from the private sector to staff the council. The council is also authorized to accept and expend federal money available for its activities. All private and public money received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit it to the food systems advisory council fund, which fund is created in the state treasury and referred to in this section as the "fund". The money in the fund is continuously appropriated to Colorado state university for allocation to the council for the direct and indirect costs associated with implementing this part 11. Any money in the fund not expended for the purpose of this part 11 may be invested by the state treasurer as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of money in the fund to the fund. (2) Money in the fund may be used for the following purposes: (a) The actual and necessary expenses incurred by members of the council for serving on the council; (b) The costs of staffing the council, if staffed by Colorado state university; and (c) The costs of funding programs initiated by the council or council staff.

C.R.S. § 23-31-1106 Reports - recommendations

23-31-1106. Reports - recommendations. Notwithstanding section 24-1-136 (11)(a)(I), no later than January 31, 2021, and January 31 every other year thereafter, the council shall report the information specified in section 23-31-1103 (1)(d) and provide a summary of the council's activities from the prior year and a summary of the council's planned activities for the upcoming year to the house agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.

C.R.S. § 23-31-1107 Repeal of part

23-31-1107. Repeal of part. This part 11 is repealed, effective September 1, 2026. Before the repeal, this part 11 is scheduled for review in accordance with section 2-3-1203.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-23.docxFetched: 10/6/2026