C.R.S. Section 23-31-318
Wildfire mitigation incentives for local governments

  • grant awards
  • fund
  • reporting
  • definitions
  • repeal

(1)

As used in this section:

(a)

“Dedicated revenue source” means one of the following revenue sources, singularly or in combination, adopted by a local government, that is intended to be used for forest management or wildfire mitigation efforts at the local level:

(I)

An existing or new tax imposed by the local government;

(II)

An existing or new mill levy approved by the voters of the local government; or

(III)

Approval by the voters of the local government of the retention on a permanent basis of excess revenue of the local government in accordance with section 20 (7)(d) of article X of the state constitution.

(b)

“Eligible recipient” means a local government that is eligible to receive a grant through the grant program.

(c)

“Forest service” means the Colorado state forest service identified in section 23-31-302.

(d)

“Fund” means the wildfire mitigation incentives for local government grant program fund created in subsection (7)(a) of this section.

(e)

“Grant program” means the wildfire mitigation incentives for local government grant program established in subsection (2) of this section.

(f)

“Local government” means a municipality, whether home rule or statutory, county, city and county, or special district.

(2)

The wildfire mitigation incentives for local government grant program is hereby established in the forest service. The grant program is established to provide state assistance in the form of grant awards to local governments to either match revenue raised by such governments from a dedicated revenue source or to expand existing programs administered by the local government on a long-term basis, which efforts at the local level are intended to be used for forest management or wildfire mitigation efforts at the local level. Such efforts include, without limitation, projects that promote fuel breaks, forest thinning, a reduction in the amount or extent of fuels contributing to wildfires, outreach and education efforts directed at property owners and other members of the public, and any other means of forest management or wildfire mitigation as determined appropriate for funding by the forest service.

(3)

Intentionally left blank —Ed.

(a)

The forest service shall administer the grant program.

(b)

In connection with its administration of the grant program, the forest service shall create a process that ensures that grants are awarded after an open competition among eligible grant recipients.

(4)

Intentionally left blank —Ed.

(a)

On or before March 1, 2023, the forest service shall adopt policies, procedures, and guidelines for the grant program that include, without limitation:

(I)

Procedures and timelines by which an eligible recipient may apply for a grant;

(II)

Criteria for determining grant eligibility and grant amounts; and

(III)

Reporting requirements for grant recipients.

(b)

All funding under the grant program must either match revenues raised by the local government from a dedicated revenue source or to supplement long-term programs administered by the local government, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level in accordance with policies, procedures, and guidelines developed by the forest service.

(c)

Notwithstanding any other provision of this section, a local government is eligible for funding under the grant program even in the absence of a dedicated revenue source if the local government has created and administers an existing program, project, or funding mechanism that creates long-term funding at the local level for wildfire mitigation or forest health or has created and administers other creative and innovative approaches for promoting wildfire mitigation and forest health.

(5)

In awarding grants, the forest service shall give preference to the following:

(a)

Eligible recipients that make available a dedicated revenue source for wildfire mitigation or forest health;

(b)

Eligible recipients with territorial boundaries located within priority areas for wildfire mitigation as determined by the forest service;

(c)

Funding that is intended to benefit people residing in a community that ranks high on the social vulnerability index developed by the forest service;

(d)

Eligible recipients that make available dedicated and full-time employees to collaborate with private landowners to implement wildfire mitigation measures;

(e)

Initiatives of a longer duration that are intended to give eligible recipients a stable source of revenue for forest management and wildfire mitigation efforts;

(f)

Initiatives emphasizing a regional approach to promoting forest management and wildfire mitigation; and

(g)

Eligible recipients that have attempted unsuccessfully to create a dedicated revenue source for wildfire mitigation or forest health.

(6)

Intentionally left blank —Ed.

(a)

An eligible recipient receiving funding from the grant program shall dedicate money received from the award to the same purpose for which the eligible recipient adopted the revenue source that qualified the eligible recipient for the award.

(b)

Eligible recipients may apply for funding from the grant program, and the recipient’s application for funding may be approved by the forest service, before the local government has created a dedicated revenue source that forms the basis for the match if the electors of the local government approve a ballot issue creating the revenue source at an election that takes place in the same calendar year in which the funding is awarded.

(c)

The terms of any award under the grant program must be memorialized in a memorandum of understanding or similar form of agreement between the forest service and the eligible recipient.

(d)

Nothing in this section precludes a local government from using all or any portion of a grant awarded under this section from working with a community organization, a home owners association, or a similar organization or entity operating at the local level in administering a project supported by the grant program.

(7)

Intentionally left blank —Ed.

(a)

The wildfire mitigation incentives for local government grant program fund is hereby created in the state treasury. The fund consists of money appropriated to the fund by the general assembly and any gifts, grants, or donations from any public or private sources, including governmental entities, that the forest service is hereby authorized to seek and accept.

(b)

The fund must only be used for the purpose of funding awards under the grant program less the administrative costs of the forest service, not to exceed five percent of the balance in the fund at any one time, in administering the grant program.

(c)

Except as otherwise required by this subsection (7), all money not expended or encumbered, and all interest earned on the investment or deposit of money in the fund, must remain in the fund and shall not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is continuously appropriated to the forest service for the purposes of this section.

(d)

On July 1, 2022, the state treasurer shall transfer ten million dollars from the general fund to the fund. The forest service shall use the money transferred pursuant to this subsection (7)(d) in accordance with the requirements of subsection (7)(b) of this section.

(8)

Intentionally left blank —Ed.

(a)

On or before November 1, 2024, and on or before November 1 of each year thereafter, the forest service shall publish a report summarizing the use of all of the money that was awarded under the grant program in the preceding fiscal year. At a minimum, the report shall specify the names of the local governments that have been awarded grants, the amount of funding distributed to each grant recipient, a description of each grant recipient’s use of the grant money, and any other information deemed beneficial for inclusion in the report in the discretion of the forest service. The report must be posted on the website of the forest service.

(b)

In its presentation to the joint committees of reference pursuant to section 2-7-203, the department of higher education shall summarize the information contained in the report published by the division pursuant to subsection (8)(a) of this section.

(9)

The forest service shall prepare educational materials concerning the grant program, including examples of and guidelines for long-term investments in wildfire mitigation or forest health, and shall display such materials on its official website. In addition, the forest service shall undertake outreach activities to inform local governments located in priority areas for wildfire mitigation of the grant program.

(10)

This section is repealed, effective September 1, 2027. Before the repeal, the department of regulatory agencies shall review the grant program pursuant to section 24-34-104.

Source: Section 23-31-318 — Wildfire mitigation incentives for local governments - grant awards - fund - reporting - definitions - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑31‑101
University established - role and mission 23‑31‑102
Name changed 23‑31‑103
Board to control college and lands 23‑31‑104
Who shall constitute faculty 23‑31‑105
Duty of faculty 23‑31‑106
President - duties 23‑31‑107
President may remove officers 23‑31‑108
President may be professor 23‑31‑109
Report of experimental operations 23‑31‑110
Pledge of income from facilities or equipment 23‑31‑111
Rents or charges for buildings and facilities for research 23‑31‑112
Research building revolving fund - appropriation of fund 23‑31‑113
Anticipation warrants 23‑31‑114
Purchase of anticipation warrants 23‑31‑115
Warrants as security - when 23‑31‑116
Tax exemption 23‑31‑117
Borrowing funds 23‑31‑118
Advancement of moneys and pledge of income 23‑31‑119
Plant breeding programs 23‑31‑120
Cooperation with other agencies 23‑31‑121
Providing personnel, supplies 23‑31‑122
Agricultural extension service furnished counties 23‑31‑201
Transfer to board of governors of the Colorado state university system - exceptions 23‑31‑202
Powers and duties of board of governors of the Colorado state university system 23‑31‑205
Provisions of act of congress accepted 23‑31‑206
Cooperative agreements 23‑31‑207
Employees and personnel 23‑31‑208
Rights by succession to state board of land commissioners - transfers to division of fire prevention and control 23‑31‑301
Legislative declaration 23‑31‑302
Forestry function named 23‑31‑303
Funds available 23‑31‑310
Forest restoration and wildfire risk mitigation grant program - technical advisory panel - legislative declaration - definitions - repeal 23‑31‑311
Watershed protection projects and forest health projects 23‑31‑312
Community wildfire protection plans - biomass utilization plans - county governments - guidelines and criteria - legislative declaration - definitions 23‑31‑313
Healthy forests - vibrant communities - funds created - outreach working group - legislative declaration - definition - repeal 23‑31‑316
Colorado forest health council - legislative declaration - repeal 23‑31‑317
Biomass utilization study - legislative declaration - report - definitions - repeal 23‑31‑318
Wildfire mitigation incentives for local governments - grant awards - fund - reporting - definitions - repeal 23‑31‑319
Forest service seedling tree nursery - necessary upgrades and improvements - definition - funding - reports - repeal 23‑31‑320
Timber, forest health, and wildfire mitigation industries workforce development program - creation - policies and procedures - legislative declaration - definitions 23‑31‑401
Definitions 23‑31‑402
Owner’s permission required - when 23‑31‑403
Proof of ownership required - when 23‑31‑404
Violation - penalty - defense 23‑31‑501
Acceptance of congressional grant of 1862 23‑31‑502
Board of governors of the Colorado state university system to control fund 23‑31‑503
Acceptance of congressional act of 1883 23‑31‑504
Control, investment, and expending of funds 23‑31‑505
Other funds - investment 23‑31‑506
Report on condition - appropriation 23‑31‑507
Management of funds 23‑31‑508
Purpose of sections 23‑31‑509
Acceptance of congressional act of 1928 23‑31‑510
Control of funds 23‑31‑511
Congressional act of 1914 accepted 23‑31‑512
Board to receive and expend funds 23‑31‑513
Acceptance of congressional act of 1935 23‑31‑514
Control of funds from 1935 act 23‑31‑601
Acceptance of congressional act of 1862 23‑31‑602
Control of fund 23‑31‑603
Acceptance of congressional act of 1906 23‑31‑604
Board to control fund 23‑31‑605
Board to cooperate with counties 23‑31‑606
Employees and specialists 23‑31‑607
Stations established 23‑31‑608
Board to secure lands 23‑31‑609
Board to supervise 23‑31‑610
Objects of stations 23‑31‑611
Proceeds from station 23‑31‑612
Expenses - how paid 23‑31‑701
Short title 23‑31‑702
Acknowledgment of related federal laws 23‑31‑703
Responsibility and objectives 23‑31‑704
Organization - cooperative relationships 23‑31‑705
Authority to accomplish purposes of part 23‑31‑706
Reporting and accountability 23‑31‑707
Colorado AgrAbility project - extension program - creation - appropriation - legislative declaration 23‑31‑801
Colorado water institute - creation 23‑31‑802
Advisory committee on water research policy 23‑31‑803
Water research fund 23‑31‑804
Republican river groundwater economic study - reporting - legislative declaration - definitions - repeal 23‑31‑901
Legislative declaration 23‑31‑902
Annual project report - national western center trust fund - creation - use 23‑31‑903
Authorization for financed purchase of an asset or certificate of participation agreements 23‑31‑904
Cooperative agreements for regional economic development not limited 23‑31‑905
National western center partnership - open meetings and open records laws apply - audit 23‑31‑1001
Legislative declaration 23‑31‑1002
Definitions 23‑31‑1003
State veterinary education loan repayment council - creation - membership 23‑31‑1004
State veterinary education loan repayment program - creation - purpose 23‑31‑1005
Council powers and duties 23‑31‑1006
Program applicant eligibility - criteria 23‑31‑1007
Designated veterinary shortage areas - criteria 23‑31‑1008
Release from contract obligation 23‑31‑1009
Loan repayment 23‑31‑1010
Veterinary education loan repayment fund - creation - gifts, grants, and donations 23‑31‑1101
Legislative declaration 23‑31‑1102
Colorado food systems advisory council - created - membership - terms - vacancies 23‑31‑1103
Council - purpose and duties 23‑31‑1104
Subcommittees of the council 23‑31‑1105
Fund - acceptance of gifts, grants, or donations 23‑31‑1106
Reports - recommendations 23‑31‑1107
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 23-31-318’s source at colorado​.gov