(1) The executive director of the department of natural resources shall submit with the department's budget request for each fiscal year a list and description of the programs the executive director recommends to be funded from the severance tax operational fund created in section 39-29-109 (2)(b), referred to in this section as the "operational fund". Except as otherwise provided in subsections (10) and (12) of this section, the general assembly may appropriate money from the total money available in the operational fund to fund recommended programs as follows: (a) (I) For programs or projects within the energy and carbon management commission created in section 34-60-104.3 (1), up to thirty-five percent of the money in the operational fund for fiscal years commencing on or after July 1, 2009. (II) Money appropriated for programs or projects pursuant to subsection (1)(a)(I) of this section shall be used by the energy and carbon management commission for plugging and abandonment projects, for well-site location reclamation projects, or for regulatory and environmental programs or projects as specifically appropriated by the general assembly for use on such programs or projects; except that, if the commission determines that an emergency exists, the commission may expend any money received for the emergency without any further appropriation. In determining the uses of this money, the commission shall give priority to uses that reduce industry fees and mill levies. (b) For programs within the Colorado geological survey, up to fifteen percent of the moneys in the operational fund; (b.5) For the avalanche information center, up to five percent of the moneys in the operational fund; (c) For programs within the division of reclamation, mining, and safety, up to thirty percent of the money in the operational fund for fiscal years commencing before July 1, 2008, and up to twenty-five percent of the money in the operational fund for fiscal years commencing on or after July 1, 2008; (d) For programs within the Colorado water conservation board and for purposes authorized by article 75 of title 37, C.R.S., up to five percent of the moneys in the operational fund; (e) For fiscal years commencing on or after July 1, 2008, only, for programs within the division of parks and wildlife that monitor, manage, or mitigate the impacts of mineral or mineral fuel production activities on wildlife in any region of the state in which production activity is occurring or, from any location in the state, research such impacts, up to five percent of the moneys in the operational fund, which moneys shall not supplant moneys that would otherwise be made available for such programs; (f) For fiscal years commencing on or after July 1, 2009, for programs within the division of parks and wildlife that operate, maintain, or improve state parks in any region of the state in which production activity is occurring, up to ten percent of the moneys in the operational fund. (g) If the general assembly appropriates less than one hundred percent of the money available in the operational fund for the purposes set forth in subsections (1)(a) to (1)(f) of this section, then the general assembly may additionally appropriate: (I) Up to five million dollars to the species conservation trust fund created in section 24- 33-111 (2)(a); (II) Up to four million six thousand five dollars from the operational fund to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108 (1); (III) Through the 2023-24 state fiscal year, up to four hundred fifty thousand dollars, and for the 2024-25 state fiscal year and each state fiscal year thereafter, up to seven hundred thousand dollars to the conservation district grant fund created in section 35-1-106.7; (IV) For the 2022-23 state fiscal year, up to ten million dollars to the wildfire mitigation capacity development fund created in section 24-33-117 (1); and (V) For the 2023-24 state fiscal year and each state fiscal year thereafter, up to five million dollars to the wildfire mitigation capacity development fund created in section 24-33-117 (1). (1.5) On June 30, 2021, and July 1, 2022, the state treasurer shall transfer nine million four hundred fifty-six thousand five dollars from the general fund to the operational fund. (1.7) and (2) Repealed. (3) (a) It is the intent of the general assembly that the operational fund maintain a reserve equal to two times the current state fiscal year's appropriations made from the operational fund, but if severance tax revenues are less than anticipated, then money in the reserve is available to be used for expenditures authorized by the appropriations. (b) and (c) Repealed. (3.5) (a) Repealed. (b) If at the end of a fiscal year the reserve for the operational fund specified in subsection (3)(a)(I) of this section is full, then, on August 15 following the end of the fiscal year, the state treasurer shall transfer the remainder to the severance tax perpetual base fund created in section 39-29-109 (2)(a). (c) Repealed. (4) to (8) Repealed. (9) On June 30, 2023, the state treasurer shall transfer twelve million six hundred thousand dollars from the operational fund to the water plan implementation cash fund created in section 37-60-123.3. (10) (a) On July 1, 2023, the state treasurer shall transfer ten million dollars from the operational fund to the capital construction fund created in section 24-75-302 (1)(a) for use by state-supported institutions of higher education in energy impacted counties for energy-related programs or projects. (b) This subsection (10) is repealed, effective July 1, 2026. (11) (a) On June 30, 2025, the state treasurer shall transfer eighteen million two hundred fifty-nine thousand eight hundred five dollars from the fund to the general fund. (b) This subsection (11) is repealed, effective June 30, 2026. (12) (a) On July 1, 2024, the state treasurer shall transfer seven hundred forty-eight thousand dollars from the operational fund to the clean water cash fund created in section 25-8- 210 (4) for use by the department of public health and environment in administering the program described in section 25-8-205.1. (b) This subsection (12) is repealed, effective July 1, 2027.
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