CO Code § 23-31-313 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 31 - Colorado State University|Part 3 - State Forest Service|§ 23-31-313. Healthy Forests - Vibrant Communities - Funds Created - Repeal

  Short title. This section shall be known and may be cited as the “Colorado Healthy Forests and Vibrant Communities Act of 2009”.    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.    Definitions. As used in this section, unless the context otherwise requires:   “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.    “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.    “Forest service” means the Colorado state forest service identified in section 23-31-302.    “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.    “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.    “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.    “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:   The creation of a defensible space around structures;    The establishment of fuel breaks;    The thinning of woody vegetation for the primary purpose of reducing risk to structures from wildland fire;    The secondary treatment of woody fuels by lopping and scattering, piling, chipping, removing from the site, broadcast burning, or prescribed burning; and    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.          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:   Facilitate the CWPP process with communities and other entities seeking to prepare a CWPP to ensure that state and federal CWPP standards are met;    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;    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;    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; and    Repealed.       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:   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.    Hire additional field capacity to support the implementation and monitoring of fuels mitigation grant awards;    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    Provide sufficient resources to assess and incorporate forest pathology information into analysis of forest conditions and trends.       Community watershed restoration.   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:   Repealed.    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.    Repealed.    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:   Use a collaborative approach;    Leverage state resources to accomplish work across land ownership boundaries in order to treat more acres at reduced cost;    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    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.            The forest service may use up to one million dollars of the unencumbered balance of the forest restoration and wildfire risk mitigation grant program cash fund created in section 23-31-310 (8.5) that result from appropriations for fiscal years that end on or before June 30, 2017, for the purpose of complying with this subsection (6), of which at least two hundred thousand dollars shall be used to implement subsection (6)(a)(IV) of this section. (b) (I) The forest service may use up to one million dollars of the unencumbered balance of the forest restoration and wildfire risk mitigation grant program cash fund created in section 23-31-310 (8.5) that result from appropriations for fiscal years that end on or before June 30, 2017, for the purpose of complying with this subsection (6), of which at least two hundred thousand dollars shall be used to implement subsection (6)(a)(IV) of this section.    This subsection (6)(b) is repealed, effective September 1, 2023.          Enhanced economic opportunities. In order to support local business development and job creation through the implementation of forest treatments, the forest service shall:   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;    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.       Wildfire risk mitigation loan program.   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.    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:   Helps retain or expand other local businesses;    Helps maintain or increase the number of jobs in the area;    Contributes to the stability of rural communities;    Demonstrates operational experience and a good reputation;    Promotes and publicizes the efforts undertaken pursuant to this section; and    Helps recruit new business activity in the area.       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).    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.    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.       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:   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;    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;    Develop a web-based clearinghouse for technical assistance and funding resources relevant to the initiatives established in this section; and    Repealed.       Healthy forests and vibrant communities fund.     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 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 subsection (10) 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. (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 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 subsection (10) 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.    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.    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.       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.    Of the money transferred to the fund pursuant to section 39-29-109.3 (2)(n) prior to its repeal:   Three hundred eighty thousand dollars may be expended for purposes specified in subsection (4) of this section;    Two hundred thousand dollars may be expended for purposes specified in subsection (5) of this section;    One hundred thousand dollars may be expended for purposes specified in subsection (6) of this section;    Sixty-five thousand dollars may be expended for purposes specified in subsection (7) of this section;    Two hundred thousand dollars may be expended for purposes specified in subsection (8) of this section;    Three hundred sixty thousand dollars may be expended for purposes specified in subsection (9) of this section; and    The unencumbered balance may be used for any purpose specified in this subsection (10)(c).       Repealed.       Reporting. No later than January 1, 2011, the state forester shall submit a report to the joint budget committee of the general assembly, the agriculture, livestock, and natural resources committee of the house of representatives, and the agriculture and natural resources committee of the senate, or any successor committees, on the use of moneys in the healthy forests and vibrant communities fund.    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.    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.     History. Source: L. 2009: Entire section added,(HB 09-1199), ch. 411, p. 2271, § 1, effective June 3; (10)(c)(II), (10)(c)(IV), (10)(c)(V), and (10)(c)(VI) amended,(SB 09-293), ch. 370, p. 2009, § 2, effective June 1. L. 2010: (6)(a)(III) added,(SB 10-102), ch. 101, p. 343, § 1, effective April 15. L. 2012: (6)(a)(I)(A) and (6)(b) amended,(HB 12-1032), ch. 69, p. 239, § 2, effective March 24; (4)(e) and (6)(a)(III) repealed,(HB 12-1283), ch. 240, p. 1137, §§ 56, 55, effective July 1; (7)(b) amended,(HB 12-1315), ch. 224, p. 961, § 12, effective July 1. L. 2013: (6)(a)(II) amended,(SB 13-083), ch. 249, p. 1308, § 10, effective May 23; (6)(a)(II) amended,(HB 13-1300), ch. 316, p. 1680, § 44, effective August 7. L. 2014: (10)(c)(I) amended and (10)(d) added,(SB 14-154), ch. 313, p. 1355, § 1, effective May 31. L. 2016: (3)(g)(IV) and (6)(a)(II) amended,(HB 16-1019), ch. 39, p. 97, § 1, effective March 22; (6)(a)(IV) added and (6)(b)(I) and (9) amended,(HB 16-1255), ch. 113, p. 318, § 1, effective April 21. L. 2017: (10)(a) amended,(SB 17-259), ch. 190, p. 689, § 2, effective May 3; IP(6)(a), (6)(b), IP(10)(c), and (10)(c)(VII) amended and (6)(a)(I) repealed,(SB 17-050), ch. 34, p. 97, § 2, effective July 1. L. 2018: (10)(a)(II) amended,(HB 18-1338), ch. 201, p. 1308, § 2, effective May 4; (7)(b) amended,(SB 18-003), ch. 359, p. 2132, § 3, effective June 1. L. 2021: (5)(b) and (9)(a) amended and (8)(e) and (10)(a)(III) added,(SB 21-258), ch. 238, p. 1249, § 3, effective June 15; (10)(a)(I) and IP(10)(c) amended,(SB 21-281), ch. 255, p. 1501, § 9, effective June 18.    Editor's note:    Subsection (6)(a)(III) was relocated to § 24-33.5-1217 in 2012.    Amendments to subsection (6)(a)(II) by Senate Bill 13-083 and House Bill 13-1300 were harmonized.    Subsection (10)(d)(II) provided for the repeal of subsection (10)(d), effective July 1, 2015. (SeeL. 2014, p. 1355.)    Subsection (9)(d)(III) provided for the repeal of subsection (9)(d), effective September 1, 2018. (SeeL. 2016, p. 318.)     Cross references:    For the legislative declaration in the 2012 act repealing subsections (4)(e) and (6)(a)(III), see section 1 of chapter 240, Session Laws of Colorado 2012. In 2013, subsection (6)(a)(II) was amended by the “Colorado Prescribed Burning Act”.    For the short title and legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.    For the legislative declaration in SB 21-258, see section 1 of chapter 238, Session Laws of Colorado 2021. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.