CO Code § 39-29-109.3 (2021)
2021 Colorado Code|Title 39 - Taxation|Article 29 - Severance Tax|§ 39-29-109.3. Severance Tax Operational Fund - Core Reserve - Grant Program Reserve - Definitions - Repeal

  The executive director of the department of natural resources shall submit with the department's budget request for each fiscal year a list and description of the programs the executive director recommends to be funded from the severance tax operational fund created in section 39-29-109 (2)(b), referred to in this section as the “operational fund”. The general assembly may appropriate money from the total money available in the operational fund to fund recommended programs as follows:     For programs or projects within the Colorado oil and gas conservation commission, up to thirty-five percent of the moneys in the operational fund for fiscal years commencing on or after July 1, 2009. (a) (I) For programs or projects within the Colorado oil and gas conservation commission, up to thirty-five percent of the moneys in the operational fund for fiscal years commencing on or after July 1, 2009.    Moneys appropriated for programs or projects pursuant to subparagraph (I) of this paragraph (a) shall be used by the Colorado oil and gas conservation commission for plugging and abandonment projects, for well-site location reclamation projects, or for regulatory and environmental programs or projects as specifically appropriated by the general assembly for use on such programs or projects; except that, if the commission determines that an emergency exists, the commission may expend any moneys received for the emergency without any further appropriation. In determining the uses of these moneys, the commission shall give priority to uses that reduce industry fees and mill levies.       For programs within the Colorado geological survey, up to fifteen percent of the moneys in the operational fund;  (b.5) For the avalanche information center, up to five percent of the moneys in the operational fund;     For programs within the division of reclamation, mining, and safety, up to thirty percent of the money in the operational fund for fiscal years commencing before July 1, 2008, and up to twenty-five percent of the money in the operational fund for fiscal years commencing on or after July 1, 2008;    For programs within the Colorado water conservation board and for purposes authorized by article 75 of title 37, C.R.S., up to five percent of the moneys in the operational fund;    For fiscal years commencing on or after July 1, 2008, only, for programs within the division of parks and wildlife that monitor, manage, or mitigate the impacts of mineral or mineral fuel production activities on wildlife in any region of the state in which production activity is occurring or, from any location in the state, research such impacts, up to five percent of the moneys in the operational fund, which moneys shall not supplant moneys that would otherwise be made available for such programs;    For fiscal years commencing on or after July 1, 2009, for programs within the division of parks and wildlife that operate, maintain, or improve state parks in any region of the state in which production activity is occurring, up to ten percent of the moneys in the operational fund.    If the general assembly appropriates less than one hundred percent of the money available in the operational fund for the purposes set forth in subsections (1)(a) to (1)(f) of this section, then the general assembly may additionally appropriate:   Up to five million dollars to the species conservation trust fund created in section 24-33-111 (2)(a);    Up to four million six thousand five dollars from the operational fund to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108 (1); and    Up to four hundred fifty thousand dollars to the conservation district grant fund created in section 35-1-106.7.  (1.5) On June 30, 2021, and July 1, 2022, the state treasurer shall transfer nine million four hundred fifty-six thousand five dollars from the general fund to the operational fund.  (1.7) and (2) Repealed.   It is the intent of the general assembly that the operational fund maintain a reserve equal to two times the current state fiscal year's appropriations made from the operational fund, but if severance tax revenues are less than anticipated, then money in the reserve is available to be used for expenditures authorized by the appropriations.       Repealed. (3.5)   Repealed.    If at the end of a fiscal year the reserve for the operational fund specified in subsection (3)(a)(I) of this section is full, then, on August 15 following the end of the fiscal year, the state treasurer shall transfer the remainder to the severance tax perpetual base fund created in section 39-29-109 (2)(a).    Repealed.                 (3)    (4) to (8) Repealed.   History. Source: L. 2008: Entire section added, p. 1863, § 2, effective June 2; (2)(j) added, p. 978, § 3, effective May 21; (2)(f) and IP(4)(a) amended and (4)(c) added, pp. 1328, 1336, §§ 3, 10, effective May 27; (2)(k) added, p. 1535, § 5, effective May 28; (2)(d)(I)(A) and (2)(e)(I)(A) amended, p. 1581, § 6, effective May 29; (2)(d)(I)(A) and (2)(e)(I)(A) amended and (2)(m) added, p. 1591, §§ 9, 8, effective May 29; (2)(l) added, p. 1576, § 33, effective May 29; (1) amended, p. 1689, § 2, effective June 2. L. 2009: (2)(a)(I)(A), (2)(a)(I)(B), (2)(c)(I)(B), (2)(d)(II)(A), (2)(e)(II)(A), (2)(f)(II)(A), (2)(n)(I)(A), and (2)(n)(II) amended and (2)(f)(V) added,(SB 09-293), ch. 370, pp. 2008, 2010, §§ 1, 3, effective June 1; (2)(i) amended,(SB 09-125), ch. 328, p. 1751, § 22, effective June 1; (2)(n) added,(HB 09-1199), ch. 411, p. 2277, § 2, effective June 3; (2)(a) amended,(SB 09-106), ch. 386, p. 2090, § 2, effective July 1; (2)(h) amended,(SB 09-124), ch. 256, p. 1162, § 2, effective July 1. L. 2010: (2)(f)(III)(A) and (2)(f)(IV)(A) amended,(HB 10-1319), ch. 28, p. 103, § 1, effective March 18; (1)(a)(I), (1)(f), (2)(a)(I)(C), (2)(a)(I)(D) amended and (2)(a)(I)(E) added,(HB 10-1326), ch. 36, pp. 140, 141, §§ 1, 2, effective March 22; (6) added,(HB 10-1327), ch. 135, p. 451, § 9, effective April 15; (2)(c)(I)(A) and (2)(c)(III) amended,(SB 10-025), ch. 379, p. 1775, § 2, effective June 7; (2)(d)(IV)(A) amended and (2)(d)(V), (2)(d)(VI), (2)(e)(IV), (2)(e)(V), and (2)(e)(VI) added,(HB 10-1398), ch. 380, pp. 1777, 1778, §§ 4, 5, effective June 7. L. 2011: (2)(b)(IV) added,(HB 11-1156), ch. 134, p. 471, § 2, effective May 4; (6) amended,(SB 11-226), ch. 190, p. 735, § 7, effective May 19; (2)(e)(IV)(A), (2)(e)(V)(A), and (2)(e)(VI)(A) amended,(SB 11-203), ch. 231, p. 989, § 3, effective May 27. L. 2012: (2)(f)(V) amended,(HB 12-1028), ch. 60, p. 217, § 1, effective March 24; (2)(k) and (2)(n) amended,(HB 12-1032), ch. 69, p. 239, § 4, effective March 24; (3), (4)(b), and (5) amended,(HB 12-1353), ch. 221, p. 947, § 1, effective May 24; IP(2)(d), (2)(d)(III), (2)(d)(IV), (2)(d)(V), and (2)(d)(VI) repealed and IP(2)(e), (2)(e)(V)(A), and (2)(e)(VI)(A) amended,(HB 12-1349), ch. 282, p. 1635, § 4, effective June 8; (2)(f)(V)(A) and (4)(c)(I)(A) amended,(HB 12-1315), ch. 224, p. 978, § 46, effective July 1; (2)(h) amended,(HB 12-1334), ch. 219, p. 938, § 2, effective July 1. L. 2012, 1st Ex. Sess.: IP(2)(a)(I) amended, (SB 12S-002), ch. 1, p. 2422, § 20, effective May 19. L. 2013: (1)(b) amended and (1)(b.5) added,(HB 13-1057), ch. 1, p. 3, § 7, effective January 31; (4)(c) amended,(HB 13-1185), ch. 76, p. 244, § 1, effective March 22; IP(1), (1)(a)(I), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), IP(2), (3)(a), (4)(b), and (5) amended and (6) repealed,(SB 13-181), ch. 209, p. 874, § 26, effective May 13; (2)(e)(VI)(A) amended,(HB 13-1283), ch. 378, p. 2220, § 3, effective June 5; IP(1) amended,(HB 13-1139), ch. 120, p. 409, § 10, effective August 7. L. 2014: (2)(e)(VII), (2)(e)(VIII), (2)(e)(IX), (2)(e)(X), and (2)(e)(XI) added,(SB 14-188), ch. 219, p. 821, § 3, effective May 17; IP(2)(n)(I) and (2)(n)(I)(A) amended and (2)(n)(I)(C) amended,(SB 14-154), ch. 313, p. 1357, § 4, effective May 31. L. 2015: (2)(o) added,(HB 15-1150), ch. 56, p. 135, § 1, effective March 30; (2)(p) added,(SB 15-022), ch. 183, p. 600, § 4, effective May 12; (2)(q) and (2)(r) added,(SB 15-253), ch. 192, p. 637, § 13, effective May 14; (2)(s) added,(HB 15-1006), ch. 185, p. 605, § 2, effective August 5. L. 2016: (1.5) added,(SB 16-218), ch. 289, p. 1174, § 6, effective June 10; (3)(c) added,(SB 16-167), ch. 279, p. 1147, § 1, effective June 10. L. 2017: (1.7) added,(SB 17-260), ch. 157, p. 536, § 2, effective April 28; IP(2), (2)(k), and (2)(n) amended,(SB 17-050), ch. 34, p. 98, § 3, effective July 1; IP(2)(f) and (2)(f)(V) amended,(HB 17-1116), ch. 393, p. 2024, § 1, effective August 9. L. 2018: (1.5) and (1.7) repealed, IP(2) and IP(4)(a) amended, and (4)(d) and (7) added,(HB 18-1338), ch. 201, p. 1312, § 15, effective May 4; (2)(m) amended,(HB 18-1008), ch. 137, p. 900, § 10, effective August 8. L. 2019: IP(2), (3)(a), and (7)(c) amended, (3.5) and (8) added, and (4) and (5) repealed,(SB 19-016), ch. 68, p. 245, § 1, effective April 1; IP(2) and IP(2)(e) amended and (2)(e)(XII) added,(HB 19-1259), ch. 208, p. 2207, § 4, effective May 17. L. 2020: IP(1) and (1)(c) amended and (2)(o) repealed,(HB 20-1372), ch. 166, p. 765, § 2, effective July 1. L. 2021: IP(1), (3)(a), and (3.5)(b) amended, (1)(g) added, (1.5) RC&RE, and (2), (3.5)(a), (7), and (8) repealed,(SB 21-281), ch. 255, p. 1496, § 5, effective June 18; (2)(c) RC&RE,(SB 21-189), ch. 333, p. 2149, § 7, effective June 24; (2)(t) added,(HB 21-1242), ch. 332, p. 2145, § 3, effective June 24; (2)(c) and (2)(t) repealed,(SB 21-281), ch. 255, p. 1500, §§ 6, 7, effective June 24; (2)(f) repealed,(HB 21-1105), ch. 488, p. 3495, § 2, effective September 7.    Editor's note:    Subsection (2)(m) was originally numbered as (2)(i) in Senate Bill 08-226 but has been renumbered on revision for ease of location.    Amendments to subsection (2)(a) by Senate Bill 09-106 and Senate Bill 09-293 were harmonized.      Subsections (2)(a)(I)(A), (2)(b)(I)(B), (2)(d)(I)(B), (2)(e)(I)(B), and (2)(g)(II) provided for the repeal of subsections (2)(a)(I)(A), (2)(b)(I), (2)(d)(I), (2)(e)(I), and (2)(g), respectively, effective July 1, 2010. (SeeL. 2008, p. 1863.) (3) (a) Subsections (2)(a)(I)(A), (2)(b)(I)(B), (2)(d)(I)(B), (2)(e)(I)(B), and (2)(g)(II) provided for the repeal of subsections (2)(a)(I)(A), (2)(b)(I), (2)(d)(I), (2)(e)(I), and (2)(g), respectively, effective July 1, 2010. (SeeL. 2008, p. 1863.)    Subsection (2)(f)(I)(D) provided for the repeal of subsection (2)(f)(I), effective July 1, 2010. (SeeL. 2008, p. 1328.)    Subsection (2)(j)(II) provided for the repeal of subsection (2)(j), effective July 1, 2010. (SeeL. 2008, p. 978.)    Subsection (2)(l)(II) provided for the repeal of subsection (2)(l), effective July 1, 2010. (SeeL. 2008, p. 1576.)    Subsection (2)(m)(I)(B) provided for the repeal of subsection (2)(m)(I), effective July 1, 2010. (SeeL. 2008, p. 1591.)    Subsection (2)(i)(I)(B) provided for the repeal of subsection (2)(i)(I), effective July 1, 2010. (SeeL. 2009, p. 1751.)       Subsections (2)(a)(I)(B), (2)(b)(II)(B), (2)(d)(II)(B), (2)(e)(II)(B), and (2)(f)(II)(B) provided for the repeal of subsections (2)(a)(I)(B), (2)(b)(II), (2)(d)(II), (2)(e)(II), and (2)(f)(II), respectively, effective July 1, 2011. (SeeL. 2008, p. 1863.)    Subsections (2)(a)(I)(C), (2)(b)(III)(B), (2)(e)(III)(B), and (2)(f)(III)(B) provided for the repeal of subsections (2)(a)(I)(C), (2)(b)(III), (2)(e)(III), and (2)(f)(III), respectively, effective July 1, 2012. (SeeL. 2008, p. 1863.)    Amendments to subsection (2)(f)(V)(A) by House Bill 12-1028 and House Bill 12-1315 were harmonized.    Subsection (2)(a)(I)(D) provided for the repeal of said subsection (2)(a)(I)(D), effective July 1, 2013. (SeeL. 2010, p. 141.) Subsection (2)(e)(IV)(B) provided for the repeal of subsection (2)(e)(IV), effective July 1, 2013. (SeeL. 2010, p. 1778.) Subsection (2)(f)(IV)(B) provided for the repeal of subsection (2)(f)(IV), effective July 1, 2013. (SeeL. 2008, p. 1330.)    Amendments to the introductory portion to subsection (1) by House Bill 13-1139 and Senate Bill 13-181 were harmonized. Amendments to subsection (1)(b) by House Bill 13-1057 and Senate Bill 13-181 were harmonized.    Subsection (4)(c)(III)(B) provided for the repeal of subsection (4)(c), effective July 1, 2013. (SeeL. 2013, p. 244.)      Subsection (2)(e)(V)(B) provided for the repeal of subsection (2)(e)(V), effective July 1, 2014. (SeeL. 2010, p. 1778.) (10) (a) Subsection (2)(e)(V)(B) provided for the repeal of subsection (2)(e)(V), effective July 1, 2014. (SeeL. 2010, p. 1778.)    Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2014. (SeeL. 2012, p. 947.)       Subsection (2)(e)(VI)(B) provided for the repeal of subsection (2)(e)(VI), effective July 1, 2015. (SeeL. 2010, p. 1777.)    Subsection (2)(e)(VII)(B) provided for the repeal of subsection (2)(e)(VII), effective July 1, 2016. (SeeL. 2014, p. 821.)      Subsection (2)(e)(VIII)(B) provided for the repeal of subsection (2)(e)(VIII), effective July 1, 2017. (SeeL. 2014, p. 821.) (13) (a) Subsection (2)(e)(VIII)(B) provided for the repeal of subsection (2)(e)(VIII), effective July 1, 2017. (SeeL. 2014, p. 821.)    Subsection (2)(p)(II) provided for the repeal of subsection (2)(p), effective July 1, 2017. (SeeL. 2015, p. 600.)    Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective July 1, 2017. (SeeL. 2016, p. 1147.)         Subsection (2)(e)(IX)(B) provided for the repeal of subsection (2)(e)(IX), effective July 1, 2018. (SeeL. 2014, p. 821.) (14) (a) Subsection (2)(e)(IX)(B) provided for the repeal of subsection (2)(e)(IX), effective July 1, 2018. (SeeL. 2014, p. 821.)    Subsection (2)(h)(II) provided for the repeal of subsection (2)(h), effective July 1, 2018. (SeeL. 2012, p. 938.)    Subsection (2)(s)(II) provided for the repeal of subsection (2)(s), effective July 1, 2018. (SeeL. 2015, p. 605.)       Subsection (2)(e)(X)(B) provided for the repeal of subsection (2)(e)(X), effective July 1, 2019. (SeeL. 2014, p. 821.)    Amendments to subsection IP(2) by SB 19-016 and HB 19-1259 were harmonized.    Subsection (2)(c)(III) provided for the repeal of subsection (2)(c), effective July 1, 2020. (SeeL. 2010, p. 1775.)    Subsection (2)(e)(XI)(B) provided for the repeal of subsection (2)(e)(XI), effective July 1, 2020. (SeeL. 2014, p. 821.)    Subsection (3.5)(c)(II) provided for the repeal of subsection (3.5)(c), effective July 1, 2020. (SeeL. 2019, p. 245.)    Amendments to subsection (2) by SB 21-281 and HB 21-1105 were harmonized.    Section 16 of chapter 255 (SB 21-281), Session Laws of Colorado 2021, provides that section 6 of the act repealing subsection (2)(c) takes effect only if SB 21-189 (chapter 333) becomes law and takes effect either upon the effective date of SB 21-281 or SB 21-189, whichever is later. SB 21-281 took effect June 18, 2021, and SB 21-189 became law and took effect June 24, 2021.    Section 16 of chapter 255 (SB 21-281), Session Laws of Colorado 2021, provides that section 7 of the act repealing subsection (2)(t) takes effect only if HB 21-1242 (chapter 332) becomes law and takes effect either upon the effective date of SB 21-281 or HB 21-1242, whichever is later. SB 21-281 took effect June 18, 2021, and HB 21-1242 became law and took effect June 24, 2021.     Cross references:    For the legislative declaration contained in the 2008 act amending subsections (2)(d)(I)(A) and (2)(e)(I)(A), see section 1 of chapter 339, Session Laws of Colorado 2008.    For the legislative declaration in the 2011 act amending subsections (2)(e)(IV)(A), (2)(e)(V)(A), and (2)(e)(VI)(A), see section 1 of chapter 231, Session Laws of Colorado 2011.    For the legislative declaration in the 2012 act repealing the introductory portion to subsection (2)(d) and subsections (2)(d)(III), (2)(d)(IV), (2)(d)(V), and (2)(d)(VI) and amending the introductory portion to subsection (2)(e) and subsections (2)(e)(V)(A) and (2)(e)(VI)(A), see section 1 of chapter 282, Session Laws of Colorado 2012.    For the legislative declaration in the 2013 act amending subsection (2)(e)(VI)(A), see section 1 of chapter 378, Session Laws of Colorado 2013.    For the legislative declaration in SB 14-188, see section 1 of chapter 219, Session Laws of Colorado 2014.    For the legislative declaration in HB 19-1259, see section 1 of chapter 208, Session Laws of Colorado 2019.    For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.