(1) Short title. This section shall be known and may be cited as the "Colorado Healthy Forests and Vibrant Communities Act of 2009". (2) 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. (3) Definitions. As used in this section, unless the context otherwise requires: (a) "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. (b) "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. (b.5) "Director" means the director of the forest service. (c) "Forest service" means the Colorado state forest service identified in section 23-31- 302. (d) "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. (e) "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. (f) "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. (g) "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: (I) The creation of a defensible space around structures; (II) The establishment of fuel breaks; (III) The thinning of woody vegetation for the primary purpose of reducing risk to structures from wildland fire; (IV) The secondary treatment of woody fuels by lopping and scattering, piling, chipping, removing from the site, broadcast burning, or prescribed burning; and (V) 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. (h) "Wildland-urban interface" means an area where structures or other human development meet or intermingle with wildland vegetation. (4) 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: (a) Facilitate the CWPP process with communities and other entities seeking to prepare a CWPP to ensure that state and federal CWPP standards are met; (b) 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; (c) 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; and (d) 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. (e) Repealed. (5) 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: (a) 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. (b) Hire additional field capacity to support the implementation and monitoring of fuels mitigation grant awards; (c) 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 (d) Provide sufficient resources to assess and incorporate forest pathology information into analysis of forest conditions and trends. (6) Community watershed restoration. (a) 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: (I) Repealed. (II) 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. (III) Repealed. (IV) 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: (A) Use a collaborative approach; (B) Leverage state resources to accomplish work across land ownership boundaries in order to treat more acres at reduced cost; (C) 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 (D) 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. (b) Repealed. (7) Enhanced economic opportunities. In order to support local business development and job creation through the implementation of forest treatments, the forest service shall: (a) 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; (b) 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. (8) Wildfire risk mitigation loan program. (a) 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. (b) 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: (I) Helps retain or expand other local businesses; (II) Helps maintain or increase the number of jobs in the area; (III) Contributes to the stability of rural communities; (IV) Demonstrates operational experience and a good reputation; (V) Promotes and publicizes the efforts undertaken pursuant to this section; and (VI) Helps recruit new business activity in the area. (c) 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). (d) 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. (e) 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. (9) 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: (a) 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; (b) 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; and (c) Develop a web-based clearinghouse for technical assistance and funding resources relevant to the initiatives established in this section. (d) Repealed. (9.2) Outreach to high school students. The forest service, in consultation with the department of natural resources, the division of fire prevention and control in the department of public safety, the state board for community colleges and occupational education, and timber industry representatives, shall develop educational materials relating to career opportunities in forestry and wildfire risk mitigation to distribute to high school guidance counselors to provide to high school students. (9.5) Wildfire risk mitigation public outreach and educational campaign - legislative declaration. (a) (I) The general assembly hereby finds and declares that: (A) Wildfires increasingly pose a threat to homes and communities in Colorado as more people move into the wildland areas of our state, and long-term weather and climate trends, including drought and warmer temperatures, as well as the buildup of wildland fuels, further increase wildfire risk; (B) In 2020, Colorado experienced the three largest wildfires in its history, with the fires burning over six hundred thousand acres, causing significant displacement, devastating communities, degrading water and air quality, and ultimately resulting in the loss of human life and hundreds of millions of dollars in property loss and damage; (C) Local, state, and federal agencies and entities continue to address the short- and long-term social, economic, and environmental impacts of these fires; (D) With more than half of all Coloradans living in the wildland-urban interface, there is an urgent need for wildfire prevention and preparedness at both the community and individual homeowner and property owner levels; (E) Coordinated education concerning how, where, and why wildfires burn, as well as collaborative efforts to increase survivability of homes and property, is paramount to coexisting in a wildfire environment; and (F) While homeowners and property owners in Colorado bear the ultimate responsibility to prepare their homes and property for wildfire, many still do not understand this responsibility, the risk they face living in the wildland-urban interface, or the necessary steps to reduce their wildfire risk. (II) Therefore, the general assembly declares that it is vital to the health and safety of Colorado's citizens, communities, and forests for local, state, and federal agencies in Colorado, in partnership with organizations engaged in wildfire risk mitigation in the state, to enhance outreach efforts to residents in the wildland-urban interface to educate and motivate those residents to engage in effective wildfire risk mitigation and wildfire preparedness activities. (b) (I) The forest service shall convene a working group of local, state, and federal partners engaged in wildfire risk mitigation, referred to in this subsection (9.5) as the "working group", to enhance outreach efforts to residents in the wildland-urban interface concerning effective wildfire risk mitigation and to coordinate the financial and other resources that may be available for such work. State and federal partners include the division of fire prevention and control in the department of public safety and the United States forest service. The forest service may invite other partners to join the working group and seek input from entities engaged in wildfire risk mitigation in the wildland-urban interface. (II) The working group shall: (A) Prior to the annual wildfire awareness month outreach campaigns in 2023 and 2024, consider how best to conduct an enhanced outreach campaign for the public that educates and motivates residents in the wildland-urban interface to engage in more wildfire risk mitigation; (B) Consider how best to distribute educational resources and information to residents in the wildland-urban interface, including the forest service's publication "The Home Ignition Zone" or a successor publication, and whether other educational and marketing tools could be developed to educate residents and motivate increased wildfire risk mitigation; (C) Consider which local, statewide, or regional outreach efforts, including direct mail, web-based material, telephone outreach, social media, print media, television and radio spots, billboards, and community events, are most effective in increasing awareness among the targeted residents in the wildland-urban interface of the importance of wildfire risk mitigation and how to prepare for wildfires; (D) Consider how best to coordinate efforts by working group partners and other entities engaged in wildfire risk mitigation to disseminate web-based educational resources and information concerning effective wildfire risk mitigation and wildfire preparedness activities through links to the forest service's web-based clearinghouse for technical assistance and to web- based resources of other working group partners and entities engaged in wildfire risk mitigation; (E) Consider how best to leverage existing state, local, and federal resources and expertise to implement the enhanced outreach efforts considered by the working group; and (F) Consider what funding or additional resources would be necessary for the forest service and other partners to build upon the enhanced wildfire awareness month outreach campaign, as well as other potential outreach efforts, in subsequent years. (c) After considering feedback from the working group, and subject to available appropriations, the forest service: (I) Shall implement an enhanced wildfire awareness month outreach campaign in conjunction with the division of fire prevention and control in the department of public safety and the United States forest service in 2023 through 2027; and (II) Shall implement other outreach efforts during the 2022-23 through 2026-27 state fiscal years that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface. (d) (I) To implement this subsection (9.5), the forest service, subject to available appropriations, may: (A) Develop or contract for the development or placement of marketing and educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards; (B) Conduct or contract for educational events targeted to residents in the wildland- urban interface; (C) Retain consultants, as necessary, to implement all or part of an outreach campaign, as well as other outreach efforts; (D) Make enhancements to the forest service's web-based clearinghouse for technical assistance and funding resources created pursuant to subsection (9) of this section, as necessary, to better implement outreach efforts described in this subsection (9.5) and coordinate with working group partners and other entities engaged in wildfire risk mitigation to provide links to web-based educational resources and information; and (E) Secure necessary staff to implement the outreach efforts described in this subsection (9.5). (II) Consistent with the outreach plan, the general assembly may appropriate money to the division of fire prevention and control in the department of public safety. (e) (I) During the 2023 through the 2027 legislative interims, the state forester shall submit a report to the wildfire matters review committee created in section 2-3-1602 concerning outreach efforts implemented pursuant to this subsection (9.5) or, if the wildfire matters review committee is repealed, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees. (II) The report must include: (A) A description of the outreach efforts; (B) The amount and use of money appropriated to implement this subsection (9.5); (C) Data and information received by the forest service or its partners relating to the impact of the outreach efforts in increasing awareness of wildfire risk mitigation by residents in the wildland-urban interface; and (D) Proposed future outreach efforts, including any additional funding or other resources needed to implement those outreach efforts. (f) (I) For purposes of conducting ongoing wildfire awareness month outreach campaigns and other outreach efforts pursuant to subsection (9.5)(c) of this section, the general assembly shall appropriate forty thousand dollars to the healthy forests and vibrant communities fund created in subsection (10) of this section. (II) This subsection (9.5)(f) is repealed, effective July 1, 2028. (9.6) Carbon accounting framework. (a) On and after September 1, 2022, the state forest service shall develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for: (I) Ecosystems by county and forest cover type; and (II) Wood products. (b) The state forest service shall also develop a forest carbon co-benefit framework for project-level forest management practices, including wildfire mitigation. The state forest service shall use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service shall provide technical expertise to assist industry and landowners with carbon inventories and monitoring. (c) As used in this subsection (9.6), unless the context otherwise requires: (I) "Carbon accounting framework" means a model that uses data from the forest inventory and analysis program of the United States department of agriculture's forest service to develop tabular data of carbon flux and stock estimates for all forest types and wood products in the state of Colorado. (II) "Forest carbon co-benefit framework" means a framework that links goals, strategies, and approaches in the 2020 Colorado forest action plan to forest management and wildfire risk mitigation practices that serve to improve carbon sequestration. (9.7) Wildfire mitigation resources and best practices grant program. (a) There is hereby created in the forest service the wildfire mitigation resources and best practices grant program, referred to in this section as the "grant program". Grant recipients may use the money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation. (b) The forest service shall administer the grant program and, subject to available appropriations, shall award grants as provided in this section. The forest service shall develop and publish policies and procedures to implement the grant program in accordance with this section. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant program application, and the grant program evaluation and reporting requirements for grant recipients. (c) To be eligible to receive a grant, an entity must be an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization that is registered and in good standing with the secretary of state's office. Applicants must meet any other criteria specified in the forest service's policies and procedures. (d) The forest service shall review the applications received pursuant to this section. The forest service shall only award grants to applicants proposing to conduct outreach among landowners in high wildfire hazard areas and shall consider the potential impact of the applicants' proposed outreach when awarding grants. (e) Subject to available appropriations, not later than January 1, 2024, and on or before January 1 each year thereafter for the duration of the grant program, the director shall award grants as provided in this section. Grants are awarded at the sole discretion of the director in accordance with this section. (f) On or before September 1, 2025, and on or before September 1 each year thereafter for the duration of the grant program, the forest service shall submit a report to the wildfire matters review committee, or any successor committee, on the grant program. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement continues until the grant program is repealed pursuant to subsection (9.7)(h) of this section. (g) Commencing no later than the fiscal year that begins on July 1, 2023, the general assembly shall annually appropriate money from the general fund to the healthy forests and vibrant communities fund, created in subsection (10)(a)(I) of this section, to implement the grant program. The forest service may use a portion of the money annually appropriated for the grant program to pay the direct and indirect costs that the forest service incurs to administer the grant program. (h) This subsection (9.7) is repealed, effective January 1, 2029. (10) Healthy forests and vibrant communities 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 or transferred 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 section 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. (II) 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. (III) 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. (IV) Repealed. (b) 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. (c) Of the money transferred to the fund pursuant to section 39-29-109.3 (2)(n) prior to its repeal: (I) Three hundred eighty thousand dollars may be expended for purposes specified in subsection (4) of this section; (II) Two hundred thousand dollars may be expended for purposes specified in subsection (5) of this section; (III) One hundred thousand dollars may be expended for purposes specified in subsection (6) of this section; (IV) Sixty-five thousand dollars may be expended for purposes specified in subsection (7) of this section; (V) Two hundred thousand dollars may be expended for purposes specified in subsection (8) of this section; (VI) Three hundred sixty thousand dollars may be expended for purposes specified in subsection (9) of this section; and (VII) The unencumbered balance may be used for any purpose specified in this subsection (10)(c). (d) Repealed. (11) Repealed. (12) 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. (13) 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.
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