Colorado Code § 23-31-317

Biomass utilization study - legislative declaration - report - definitions - repeal
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(1) The general assembly:
(a) Finds and determines that:
(I) Three of the largest wildfires in Colorado's history occurred in 2020, with more than
six hundred twenty-five thousand acres burned across the state;
(II) It is estimated that two hundred fourteen million dollars was spent in Colorado in
2020 to fight forest fires;
(III) With almost three million people in Colorado residing in the wildland-urban
interface, these wildfires threaten human life as well as private property, public infrastructure,
and the environment;
(IV) The forest service has implemented a number of strategies to help mitigate the risk
of wildfire, including engaging in educational outreach, providing technical assistance to
communities in the WUI with the development of community wildfire protection plans, and
treating forested lands to reduce the amount of fuel;
(V) One promising strategy for wildfire mitigation is to increase the utilization of
biomass to reduce fuel; and
(VI) Increased biomass utilization would provide other environmental benefits such as:
(A) Using biomass for electric and heat generation as a means to further diversify
Colorado's renewable energy portfolio and, in furtherance of the governor's "Greenhouse Gas
Pollution Reduction Roadmap" released on January 14, 2021, provide a carbon-neutral
alternative energy source to fossil fuels; and
(B) Applying biochar to soil as a means to improve soil health and provide carbon
sequestration; and
(b) Declares that it is in the interest of the state for the forest service to administer a
grant program to demonstrate biomass utilization as a means to innovate wildfire mitigation,
renewable energy development, soil health, climate change mitigation, and carbon sequestration.
(2) As used in this section, unless the context otherwise requires:
(a) "Biochar" means a charcoal that is produced by pyrolysis of biomass and is used as a
soil amendment.
(b) "Biomass" has the meaning set forth in section 40-2-124 (1)(a)(I).
(c) "Forest service" has the meaning set forth in section 23-31-310 (2)(c).
(d) "Fuel" has the meaning set forth in section 23-31-310 (2)(d).
(e) "Pyrolysis" has the meaning set forth in section 40-2-124 (1)(a)(V).
(f) "Wildland-urban interface" or "WUI" has the meaning set forth in section 23-31-310
(2)(f).
(3) (a) The biomass utilization grant program is created to demonstrate the utilization of
biomass throughout the state. The forest service, at the discretion of the state forester, may
implement the grant program by awarding up to two million five hundred thousand dollars in
grants for proposed projects that seek to demonstrate the following regarding biomass
utilization:
(I) Wildfire prevention and mitigation benefits derived from its utilization;
(II) Energy benefits derived from increasing biomass energy generation; or
(III) Agricultural benefits from increasing its usage as biochar.
(b) The forest service, at the discretion of the state forester, may administer the grant
program using money in the healthy forests and vibrant communities fund created in section 23-
31-313 (10) and any gifts, grants, or donations received. The forest service may seek and expend
gifts, grants, and donations to finance the biomass utilization grant program.
(4) On or before March 1, 2023, and on or before each March 1 after a year in which the
forest service awards one or more grants under the biomass utilization grant program, the forest
service shall submit a report describing each project for which it has awarded a grant in the
previous year, including a description of the type of biomass utilization that the project
demonstrates, the geographic area served by the project, and the amount awarded for the project,
to the governor and the agriculture, livestock, and water committee of the house of
representatives and the agriculture and natural resources committee of the senate, or any
successor committees. The forest service shall post the report on its website.
(5) This section is repealed, effective September 1, 2026. Before the repeal, this section
is scheduled for review in accordance with section 24-34-104.

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