(1) The general assembly finds, determines, and declares that current federal programs exist in which Colorado landowners, in exchange for monetary compensation or other financial assistance, abide by various practices related to conservation for lands enrolled in the programs. The general assembly further declares that lands, waters, and wildlife in Colorado have derived enormous benefits as a result of such programs. However, such federal programs may be reduced or eliminated, and similar federal or state programs may exist or be created, in the near future. Therefore, the general assembly declares that a study conducted by the department of natural resources concerning such programs, including the types of lands desirable for the programs, the cost to administer the programs, and the value of the programs to public and private interests, would assist the general assembly in assessing whether and how the implementation of such programs in Colorado can be improved and, where possible, supplemented through new federal or state programs.
(2) (a) The department shall compile information regarding participation by Colorado landowners in landowner incentive conservation programs. As used in this section, landowner incentive conservation program, also referred to in this section as a program, means any federal or state program that provides monetary compensation to landowners who agree to set aside lands or apply land management strategies or conservation practices to lands enrolled in the program. A program may also directly or incidentally protect, enhance, or otherwise provide benefits to the environment, wildlife, or wildlife habitat. In gathering information pursuant to this paragraph (a), the department shall review any federal or state programs that currently exist or are created prior to February 1, 2010. The information gathered by the department shall include data regarding the amount and types of Colorado lands enrolled in a program, methods and costs to administer the programs, and the benefits to lands, the environment, or wildlife realized through the programs.
(b) The department shall study the information obtained pursuant to paragraph (a) of this subsection (2) in order to assess the feasibility of administering such a program in Colorado if the federal programs are eliminated or reduced. In assembling this information, the department shall consult with any potentially affected groups or entities, including:
(I) Federal agencies that administer programs;
(II) Any potentially affected state agencies;
(III) Landowners or entities representing landowner interests;
(IV) Groups organized for the purpose of wildlife conservation; and
(V) Repealed.
(c) The data compilation and study efforts required by this subsection (2) shall be funded with moneys appropriated to the department from the operation and maintenance account of the species conservation trust fund created in section 24-33-111 (2) for the fiscal year beginning July 1, 2009.
(3) Repealed.
(4) Information gathered by the department pursuant to this section that allows any Colorado landowner or land to be specifically identified shall be exempt from inspection pursuant to section 24-72-204 (3)(a)(XXI), provided, however, that summary or aggregate data that does not specifically identify individual landowners or specific parcels of land shall not be subject to such exemption.
Source: L. 2009: Entire section added, (SB 09-158), ch. 387, p. 2092, � 1, effective August 5. L. 2022: (2)(b)(V) and (3) repealed, (SB 22-212), ch. 421, p. 2977, � 54, effective August 10.
24-33-114. Renewable resource generation development areas - inventory of resources - fund - definitions - repeal. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1349), ch. 387, p. 1813, � 1, effective June 8.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2011. (See L. 2010, p. 1813.)
24-33-115. Reenergize Colorado program - powers and duties of executive director - repeal. (Repealed)
Source: L. 2010: Entire section added, (HB 10-1349), ch. 387, p. 1814, � 1, effective June 8. L. 2012: IP(1) amended, (HB 12-1315), ch. 224, p. 962, � 15, effective July 1.
Editor's note: Subsection (5) provided for the repeal of this section, effective July 1, 2020. (See L. 2010, p. 1814.)
24-33-116. Colorado avalanche information center - creation - duties - fund. (1) There is created in the department of natural resources in the office of the executive director of the department, the Colorado avalanche information center to promote safety by reducing the impact of avalanches on recreation, industry, and transportation in the state through a program of avalanche forecasting and education. The Colorado avalanche information center is a type 2 entity, as defined in section 24-1-105.
(2) (a) The Colorado avalanche information center is authorized to enter into agreements to provide training and materials to the general public, industries, and units of local government and to recover the direct costs of providing the training and materials. The Colorado avalanche information center is also authorized to establish and collect fees for training programs and materials that approximate the direct costs of providing the training and materials.
(b) The Colorado avalanche information center is authorized to contract with agencies of state government for the provision of services and may establish and collect fees to recover the direct costs of those services.
(c) (I) (A) The department of natural resources shall transmit all money collected pursuant to this section to the state treasurer, who shall credit it to the Colorado avalanche information center fund, which fund is hereby created and referred to in this section as the fund. Except as otherwise provided in subsection (2)(c)(I)(B) of this section, money in the fund is subject to annual appropriation by the general assembly to the department of natural resources for the direct and indirect costs associated with the Colorado avalanche information center.
(B) For state fiscal year 2021-22 and for each succeeding state fiscal year, all state highway fund money that is credited to the fund pursuant to an intergovernmental agreement between the department of transportation and the department of natural resources and all interest and income derived from the deposit and investment of that money is continuously appropriated to the department of natural resources for the direct and indirect costs incurred by the Colorado avalanche information center in operating the highway avalanche safety program for the purpose of reducing avalanche risk on state highways.
(II) The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.
(3) Repealed.
Source: L. 2013: Entire section added, (HB 13-1057), ch. 1, p. 2, � 6, effective January 31. L. 2021: (2)(c)(I) amended, (SB 21-219), ch. 80, p. 307, � 1, effective April 30; (3) added, (HB 21-1326), ch. 274, p. 1592, � 1, effective June 21. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3408, � 156, effective August 10.
Editor's note: Subsection (3)(b) provided for the repeal of subsection (3), effective September 1, 2023. (See L. 2021, p. 1592.)
Cross references: For the short title (the Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
24-33-117. Wildfire mitigation capacity development fund - established - financing - legislative intent - repeal. (1) The wildfire mitigation capacity development fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (5) of this section, money appropriated to the fund pursuant to section 39-29-109.3 (1)(g)(IV) and (1)(g)(V), and any other money that the general assembly may appropriate or transfer to the fund.
(2) (a) (I) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the wildfire mitigation capacity development fund to the fund.
(II) For the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the wildfire mitigation capacity development fund to the general fund.
(III) (A) On June 30, 2025, the state treasurer shall transfer forty-eight thousand five hundred seventy-one dollars from the wildfire mitigation capacity development fund to the general fund.
(B) This subsection (2)(a)(III) is repealed, effective July 1, 2026.
(3) Money in the wildfire mitigation capacity development fund is continuously appropriated to the department of natural resources and may be used by the department for the following purposes:
(a) Initiating a federal national incident management organization comprehensive risk analysis by June 15, 2021, to identify the most strategic landscapes in the state for wildfire mitigation and fuel reduction projects;
(b) Supporting wildfire mitigation workforce development including the engagement of conservation corps and the department of corrections state wildland inmate fire teams in priority wildfire mitigation projects including those projects identified by the federal national incident management organization comprehensive risk analysis conducted pursuant to subsection (3)(a) of this section;
(c) Hiring staff resources to coordinate cross-boundary wildfire mitigation efforts, facilitate engagement, and connect priority wildfire mitigation projects with available resources. These staff shall consult with stakeholders including federal and state agencies, local governments, tribes, communities, forest collaborative groups, and other entities to identify and implement priority wildfire mitigation projects on municipal, county, tribal, state, state-operated, federal, and private lands, as appropriate.
(d) Conducting an assessment of wildfire mitigation efforts undertaken or supported by the state to determine the most efficient and effective organizational structure for those efforts;
(e) Funding projects or grants to support the planning and implementation of fuel reduction and wildfire mitigation projects at landscape-scale to reduce the risk of catastrophic wildfire in priority areas, including those identified by the analysis in subsection (3)(a) of this section; and
(f) Funding the direct and indirect costs of administering the activities described in this subsection (3).
(4) To the extent practicable, when supporting or funding projects or grants for the planning and implementation of fuel reduction and wildfire mitigation projects in accordance with subsections (3)(b) and (3)(e) of this section, the department of natural resources shall prioritize those projects with the greatest potential to protect life, property, and infrastructure.
(5) On June 15, 2021, if possible, or as soon as possible thereafter, the state treasurer shall transfer seventeen million five hundred thousand dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (5) must be allocated to supported areas administered by the department of natural resources as follows:
(a) Up to two hundred thousand dollars for the federal national incident management organization statewide risk assessment described in subsection (3)(a) of this section;
(b) For the wildfire mitigation workforce development described in subsection (3)(b) of this section;
(c) Up to five hundred fifty thousand dollars for the wildfire mitigation project coordination described in subsection (3)(c) of this section;
(d) Up to five hundred thousand dollars for the wildfire mitigation organizational planning described in subsection (3)(d) of this section;
(e) For the landscape wildfire mitigation projects described in subsection (3)(e) of this section;
(f) Up to five percent of the funds transferred pursuant to subsection (5)(b) of this section may be used for both the direct and indirect administrative costs associated with the wildfire mitigation workforce development funded by subsection (5)(b) of this section; and
(g) Up to five percent of the funds transferred pursuant to subsection (5)(e) of this section may be used for both the direct and indirect administrative costs associated with the landscape wildfire mitigation projects funded by subsection (5)(e) of this section.
(5.5) Repealed.
(6) On June 30, 2023, the state treasurer shall transfer any unexpended and unencumbered money in the wildfire mitigation capacity development fund that was transferred by the state treasurer to the wildfire mitigation capacity development fund pursuant to subsection (5) of this section to the general fund, except for the money allocated by the department of natural resources pursuant to subsections (5)(c), (5)(f), and (5)(g) of this section.
(6.2) On June 30, 2023, and on June 30 each year thereafter, the state treasurer shall transfer one million dollars from the general fund to the wildfire mitigation capacity development fund. The money transferred pursuant to this subsection (6.2) must be used for purposes set forth in subsection (3) of this section.
(7) To implement this section, the department of natural resources shall coordinate with the division of fire prevention and control in the department of public safety and with the Colorado state forest service at the department of higher education and enter into a memorandum of understanding with such agencies to direct the implementation of this section.
Source: L. 2021: Entire section added, (SB 21-258), ch. 238, p. 1251, � 5, effective June 15. L. 2022: (5.5) added, (HB 22-1012), ch. 341, p. 2450, � 3, effective August 10. L. 2023: (1) amended, (SB 23-139), ch. 11, p. 33, � 2, effective March 6; (6.2) added, (SB 23-005), ch. 172, p. 846, � 3, effective May 12. L. 2025: (2) amended, (SB 25-317), ch. 385, p. 2145, � 13, effective June 3.
Editor's note: Subsection (5.5)(b) provided for the repeal of subsection (5.5), effective July 1, 2023. (See L. 2022, p. 2450.)
Cross references: 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 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.
24-33-118. Pollinator health study - recommendations - reporting - definition - repeal. (Repealed)
Source: L. 2022: Entire section added, (SB 22-199), ch. 257, p. 1890, � 2, effective May 27.
Editor's note: Subsection (6) provided for the repeal of this section, effective July 1, 2024. (See L. 2022, p. 1890.)