2023 Colorado Revised Statutes › Title 35 - AGRICULTURE (§§ 35-1-101 — 35-81-102) › ADMINISTRATION (§§ 35-1-101 — 35-3.5-103) › Article 1 - DEPARTMENT OF AGRICULTURE (§§ 35-1-101 — 35-1-121) › Section 35-1-106.3 - Plant health, pest control, and environmental protection cash fund - creation

(1)
There is hereby created in the state treasury the plant health, pest control, and environmental protection cash fund.
(2)
All revenues collected in pursuit of the department's efforts in relation to plant health, pest control, and environmental protection shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund. The commission may establish a fee schedule to cover the direct and indirect costs of the collection and distribution of beneficial insects.
(3)
The plant health, pest control, and environmental protection cash fund consists of any fees, fines, or penalties collected pursuant to articles
4
,
9
,
10
,
11
,
11.5
,
25
,
26
,
27
, and
27.5
of this title 35; any fees, fines, or penalties collected pursuant to article
8
of title
25
; any fees collected under article
12
of this title 35 for the purpose of funding state waters protection activities; and all revenues collected in pursuit of the department's efforts to conduct biological pest control. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of implementing, administering, and enforcing articles
4
,
9
,
10
,
11
,
11.5
,
25
,
26
,
27
, and
27.5
of this title 35 and of article
8
of title
25
; except that any appropriation for the indirect costs of issuing chemigation permits pursuant to section
35-11-106
must not exceed the amount specified in section
35-11-106 (3)(b)
. Any money from the fund that is allocated for biological pest control must supplement any general fund money appropriated for that purpose.
(4)
All interest derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund shall be credited to the fund. At the end of each fiscal year, all unexpended and unencumbered money in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund; except that the state treasurer shall transfer any unexpended and unencumbered money that is requested by the commissioner to be transferred from the plant health, pest control, and environmental protection cash fund to the emergency invasive-pest response fund created in section
35-1-106.4
.
(5)
In accordance with section
24-75-402 (3)(c)
, C.R.S., the alternative maximum reserve for the plant health, pest control, and environmental protection cash fund is fifty percent of the amount expended from the fund during each fiscal year.
Amended by 2021 Ch. 160, § 1, eff. 9/7/2021.
Amended by 2019 Ch. 422, § 3, eff. 8/2/2019.
Amended by 2015 Ch. 322, § 8, eff. 6/5/2015 and applicable to fiscal years beginning on or after 7/1/2014.
L. 2009: Entire section added, (HB 09 -1249), ch. 314, p. 314, § 1, effective July 1. L. 2015: (5) amended, (HB 15-1261), ch. 1314, p. 1314, § 8, effective June 5. L. 2019: (3) amended, (SB 19-186), ch. 3689, p. 3689, § 3, effective August 2. L. 2021: (4) amended, (HB 21-1045), ch. 910, p. 910, § 1, effective September 7.
Section 7(2) of chapter 422 (SB 19-186), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after August 2, 2019.
2021 Ch. 160, was passed without a safety clause. See Colo. Const. art. V, § 1(3).