Colo. Rev. Stat. § 35-1-119, Wild horse population management

(1) Subject to obtaining approval from the United States bureau of land management in the department of the interior, the department may assist with managing wild horse populations using fertility control management methods that are or are substantially similar to immunocontraceptive fertility control vaccines. The department may also support on-range stewardship and management to ensure the sustainability of wild horses and wild horse ranges. In implementing this subsection (1), the department may:

(a) Enter into contracts or interagency agreements with private entities, individuals, tribes, local governments, or the United States bureau of land management in the department of the interior; and

(b) Cooperate with:

(I) The United States bureau of land management in the department of the interior;

(II) The Southern Ute Tribe;

(III) The Ute Mountain Ute Tribe;

(IV) Local governments;

(V) Other state agencies;

(VI) Volunteers;

(VII) Contractors; and

(VIII) Interested groups or individuals.

(2) Repealed.

Source: L. 2023: Entire section added, (SB 23-275), ch. 226, p. 1177, � 3, effective May 20. L. 2024: (2) amended, (HB 24-1032), ch. 35, p. 122, � 1, effective March 22. L. 2025: (2) repealed, (HB 25-1283), ch. 225, p. 1028, � 1, effective August 6.

Cross references: For the legislative declaration in SB 23-275, see section 1 of chapter 226, Session Laws of Colorado 2023.

35-1-120. Study of greenhouse gas reduction and carbon sequestration opportunities in agriculture and agricultural land management - definitions - reporting - rules. (1) (a) (I) In accordance with subsection (1)(a)(II) of this section, the commissioner or the commissioner's designee shall conduct a study to examine greenhouse gas reduction and carbon sequestration opportunities in the agricultural sector and in agricultural land management in the state, including:

(A) Soil health management practices, including cover cropping, manure management, soil amendments, rotational grazing, rangeland management, low- and no-till practices, and hedge grows;

(B) The use of dry digesters; and

(C) An investigation into the potential for creating and offering a certified greenhouse gas offset program and credit instruments to provide fungible greenhouse gas offsets for agricultural producers and in agricultural land management.

(II) The commissioner or commissioner's designee shall conduct the study in consultation with the Colorado energy office created in section 24-38.5-101, the air quality control commission created in section 25-7-104 (1), the natural and working lands task force convened by the department of natural resources, the Colorado state forest service, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research.

(b) (I) Any certified greenhouse gas offset program and credit instruments offered must reflect real, additional, quantifiable, permanent, verifiable, and enforceable reductions in greenhouse gas emissions that are equivalent to the offsets provided and must not require agricultural producers' participation.

(II) Greenhouse gas offsets developed for agricultural producers and in agricultural land management in accordance with this section:

(A) May be incorporated into the air quality control commission's rules, including rules adopted under section 25-7-105 (1)(e), and, specifically, rules concerning coordination with other jurisdictions pursuant to the authority granted in, and the considerations required under, section 25-7-105 (1)(e)(V);

(B) May be used as compliance instruments by a source regulated under article 7 of title 25, with emission reduction obligations established by the air quality control commission that ensure that the annual, overall, absolute emissions from the source, sector, or group of sources decline consistent with the statewide greenhouse gas emission reduction goals set forth in section 25-7-102 (2)(g); except that, if the source is located in a disproportionately impacted community, the commission shall establish by rule an annual, absolute emission reduction obligation specific to the source;

(C) Must not be available as an instrument for emission reduction compliance under section 25-7-105 (1)(e)(V) unless the commission has adopted rules establishing an annual, absolute emission reduction obligation for the relevant sector that is consistent with the statewide greenhouse gas emission reduction goals.

(c) The study must identify policy mechanisms to avoid the impacts that the use of greenhouse gas offsets by regulated sources could have on disproportionately impacted communities.

(2) The commissioner or the commissioner's designee shall submit to the general assembly:

(a) A report summarizing the progress on the study on or before October 1, 2024; and

(b) A final report on the study on or before October 1, 2025. The final report must include any legislative, regulatory, or other recommendations for designing and implementing greenhouse gas reduction and carbon sequestration opportunities for the agricultural sector and in agricultural land management in the state.

(3) (a) (I) Upon conclusion of the study, with regard to any recommendations in the study that do not require legislative changes, the commissioner, in consultation with the Colorado energy office and the air quality control commission, may adopt rules to implement the recommendations.

(II) Any rules adopted pursuant to this subsection (3)(a) must not mandate participation by agricultural producers in any greenhouse gas offset program or any other greenhouse gas reduction and carbon sequestration programs or mechanisms developed in rule, but the rules may provide incentives to agricultural producers for their voluntary participation in any program or mechanism developed in rule pursuant to this subsection (3)(a).

(b) If the commissioner adopts rules pursuant to subsection (3)(a) of this section, the department shall include a summary of the rules as part of the department's regulatory agenda that it files pursuant to section 2-7-203 (4) and that is included in the department's SMART Act presentation that immediately follows the adoption of the rules.

(4) Nothing in this section requires the air quality control commission to adopt rules for greenhouse gas emission offsets or credit mechanisms or to accept any greenhouse gas emission offsets or credit mechanisms as compliance instruments for emission reduction compliance or verification.

(5) As used in this section, unless the context otherwise requires:

(a) Anaerobic digester means a sealed, oxygen-free tank into which feedstock, such as food waste, animal manure, or wastewater sludge, is placed for anaerobic digestion by microorganisms. An anaerobic digester can be used as a means of waste disposal or energy production.

(b) Disproportionately impacted communities has the meaning set forth in section 24-4-109 (2)(b)(II).

Source: L. 2023: Entire section added, (SB 23-092), ch. 218, p. 1128, � 3, effective August 7.

35-1-121. Agricultural behavioral health community of practice work group - creation - grant program - reporting - rules - definitions - repeal. (1) As used in this section, unless the context otherwise requires:

(a) Agricultural behavioral health community of practice work group or work group means the agricultural behavioral health community of practice work group created in subsection (2) of this section.

(b) Agricultural behavioral health grant program or grant program means the agricultural behavioral health grant program created in subsection (3) of this section.

(2) (a) The agricultural behavioral health community of practice work group is created in the department. The purpose of the work group is to convene a group of leaders and experts in agriculture and behavioral health care to improve access to behavioral health care for farmers, ranchers, other agricultural industry workers, and their families.

(b) (I) No later than September 1, 2024, the commissioner, or the commissioner's designee, shall appoint at least seven members to serve on the work group, which must include the agricultural and rural community behavioral health program staff liaison described in section 27-60-303 (1.5) and a designee from the office of suicide prevention created in section 25-1.5-101 (1)(w)(I). The commissioner, or the commissioner's designee, may add additional members, if necessary, to represent the diversity of the agricultural community. The commissioner, or the commissioner's designee, shall appoint members who represent:

(A) Statewide organizations or Indian tribes or tribal organizations with experience providing access, services, and resources for the behavioral health needs of those involved in agriculture;

(B) Statewide agricultural organizations that have programs focused on behavioral health issues;

(D) Veterans service organizations;

(E) Rural behavioral health providers; and

(F) Individuals who have lived experience with mental health issues, behavioral health issues, or substance use disorders and recovery.

(II) The commissioner, or the commissioner's designee, shall select a member of a statewide agricultural organization to chair, facilitate, and lead the work group meetings.

(c) No later than January 1, 2025, the work group shall convene the first meeting and establish procedures for meetings, including procedures to allow members of the work group to participate in the meetings remotely. The work group shall meet at least once a month.

(d) The chair, or the chair's designee, shall open the meetings to the public, provide advance public notice of the meetings, and allow public comments at the meetings. The chair, or the chair's designee, shall conduct outreach and encourage community participation in the public meetings.

(e) The department shall organize translation services, upon advance notice and request, for meetings held pursuant to subsections (2)(c) and (2)(d) of this section for members of the work group and members of the public who attend the meetings. The work group shall create a process for a member of the work group or a member of the public to request translation services in advance of a meeting.

(f) Members of the work group who are compensated by an organization to serve on the work group serve without compensation. Members of the work group who are not compensated by an organization to serve on the work group must receive compensation.

(g) The work group shall:

(I) Compile best practices to provide behavioral health care to farmers, ranchers, other agricultural industry workers, and their families;

(II) Identify gaps in the provision of behavioral health care to farmers, ranchers, other agricultural industry workers, and their families;

(III) Engage with other stakeholders involved in agricultural behavioral health care;

(IV) Collect data, as permitted by state and federal data privacy laws, on behavioral health-care outcomes in agricultural communities and steps taken to support farmers, ranchers, other agricultural industry workers, and their families through behavioral health initiatives and programs; and

(V) Report to the department and the behavioral health administration on the data collected pursuant to subsection (2)(g)(IV) of this section and recommend legislative or policy changes to further improve agricultural behavioral health care.

(h) This subsection (2) is repealed, effective September 1, 2029. Before the repeal, the work group is scheduled for review in accordance with section 2-3-1203.

(3) (a) The agricultural behavioral health grant program is created in the department. Subject to available appropriations, the department may administer the grant program. The purpose of the grant program is to award grant money to:

(I) Continue existing programs or create new programs that address the root causes of behavioral health issues in the agricultural industry or in rural communities;

(II) Strengthen collaborative efforts between organizations and communities in addressing the root causes of behavioral health issues in the agricultural industry or in rural communities; and

(III) Improve access to health, wellness, and behavioral health care for farmers, ranchers, other agricultural industry workers, and their families.

(b) In administering the grant program pursuant to subsection (3)(a) of this section, the department shall:

(I) Develop the grant application;

(II) Establish a disbursement timeline for the grants;

(III) Create a rubric to evaluate grant applications;

(IV) Award grant money to eligible recipients;

(V) Require grant recipients to report to the department on the progress of grant-funded projects, findings, and legislative recommendations and establish a deadline for the submittal of the report to the department; and

(VI) Collect the reports described in subsection (3)(b)(V) of this section from grant recipients on the use of grant funds.

(c) In awarding grant money pursuant to subsection (3)(b)(IV) of this section, the department shall prioritize applicants that primarily serve individuals engaged in agriculture. The maximum amount of money a grant recipient may receive annually is fifty thousand dollars.

(4) (a) The department shall contract with a statewide agricultural organization that has established programs addressing behavioral health issues to organize, manage, and convene an in-person annual summit for organizations with an interest in promoting and providing behavioral health care to agricultural communities. The statewide organization shall convene the first in-person annual summit no later than December 2025. The department shall contract with the statewide agricultural organization in accordance with the Procurement Code, articles 101 to 112 of title 24.

(b) The statewide agricultural organization shall conduct post-event surveys of the individuals who attend the in-person annual summit.

(I) Receipts documenting funds spent on the in-person annual summit; and

(II) A report describing the in-person annual summit, including:

(A) The number of attendees;

(B) The names of the organizations that attended;

(D) Any findings or recommendations on changes for future in-person annual summits.

(d) The statewide agricultural organization that contracts with the department is not barred from applying to the grant program.

(5) The department and the behavioral health administration shall enter into an interagency agreement to share data collected in the course of understanding and addressing the behavioral health-care issues in the agricultural industry and in rural communities. The interagency agreement must state that the data shared will be aggregated and anonymized, and data sharing must be in compliance with state and federal data privacy laws.

(6) The department may promulgate rules as necessary for the implementation of this section.

(7) (a) On or before January 1, 2026, and each January 1 thereafter, the department shall submit a report summarizing the work group report described in subsection (2)(g)(V) of this section and the grant recipient reports collected pursuant to subsection (3)(b)(VI) of this section to the agriculture, water, and natural resources committee and the health and human services committee of the house of representatives and the agriculture and natural resources committee and the health and human services committee of the senate, or their successor committees, and the behavioral health administration.

(b) As part of the January 1, 2027, report described in subsection (7)(a) of this section, and in each January 1 report thereafter, the department shall submit a report summarizing the statewide agricultural organization report collected pursuant to subsection (4)(c)(II) of this section.

(c) Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (7) continues indefinitely.

Source: L. 2024: Entire section added, (SB 24-055), ch. 469, p. 3271, � 2, effective August 7.