(1) For fiscal years commencing on and after July 1, 1997, 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". 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 Colorado oil and gas conservation commission, up to thirty-five percent of the moneys in the operational fund for fiscal years commencing on or after July 1, 2009.
(II) Moneys appropriated for programs or projects pursuant to subparagraph (I) of this paragraph (a) shall be used by the Colorado oil and gas conservation 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 moneys received for the emergency without any further appropriation. In determining the uses of these moneys, 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;
For programs within the division of reclamation, mining, and safety, up to thirtypercent 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;
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;
For fiscal years commencing on or after July 1, 2008, only, for programs within thedivision 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;
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.
(1.5) and (1.7) Repealed.
(2) Subject to the requirements of subsections (3) and (3.5) of this section, if the general assembly chooses not to spend up to one hundred percent of the money in the operational fund on core departmental programs, the state treasurer shall transfer the following amounts:
(a) (I) To the water supply reserve fund created in section 39-29-109 (2)(c), the following amounts:
(A) to (D) Repealed.
(E) For each state fiscal year commencing on or after July 1, 2012, ten million dollars.
(II) (Deleted by amendment, L. 2009, (SB 09-106), ch. 386, p. 2090, § 2, effective July 1, 2009.)
(b) To fund the conservation district grant fund created in section 35-1-106.7, C.R.S., for soil and water conservation, the following amounts:
(I) to (III) Repealed.
(IV) (A) For the state fiscal year commencing July 1, 2011, through the state fiscal year commencing on July 1, 2021, four hundred fifty thousand dollars.
(B) This subparagraph (IV) is repealed, effective July 1, 2023.
(c) and (d) Repealed.
(e) To the species conservation trust fund created in section 24-33-111 (2)(a), the following amounts:
(I) to (XI) Repealed.
(XII) (A) For the state fiscal year commencing July 1, 2019, and for each fiscal year thereafter through the state fiscal year commencing July 1, 2023, five million dollars.
(B) This subsection (2)(e)(XII) is repealed, effective July 1, 2025.
(f) For providing energy-related assistance to low-income households as specified in section 40-8.7-112:
(I) to (IV) Repealed.
(V) (A) For the state fiscal year commencing July 1, 2012, and each state fiscal year thereafter, through the state fiscal year commencing July 1, 2023, thirteen million dollars as follows: Twenty-five percent to the department of human services low-income energy assistance fund created in section 40-8.7-112 (1); twenty-five percent to the energy outreach Colorado lowincome energy assistance fund created in section 40-8.7-112 (2)(a); and fifty percent to the Colorado energy office low-income energy assistance fund created in section 40-8.7-112 (3)(a). (B) This subsection (2)(f)(V) is repealed, effective July 1, 2025.
(g) and (h) Repealed.
(i) To the interbasin compact committee operation fund created in section 37-75-107, C.R.S., the following amounts:
Repealed.
For the state fiscal year commencing July 1, 2009, and for each state fiscal yearthereafter, seven hundred forty-five thousand sixty-seven dollars.
Repealed.
(I) For seven state fiscal years, beginning with the state fiscal year commencing onJuly 1, 2017, one million fifty thousand dollars per year to the forest restoration and wildfire risk mitigation grant program cash fund created in section 23-31-310 (8.5).
(II) This subsection (2)(k) is repealed, effective September 1, 2023.
Repealed.
For the mitigation of aquatic nuisance species as specified in article 10.5 of title 33:
Repealed.
For the state fiscal year commencing July 1, 2009, and every state fiscal year thereafter, four million six thousand five dollars to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108 (1).
(n) (I) For seven fiscal years commencing on or after July 1, 2017, the state treasurer shall transfer:
One million three hundred five thousand dollars to the healthy forests and vibrantcommunities fund created in section 23-31-313 (10);
Fifty thousand dollars to the wildland-urban interface training fund created in section24-33.5-1212 (5);
Ninety-five thousand dollars to the wildfire preparedness fund created in section 2433.5-1227 (1).
(II) This subsection (2)(n) is repealed, effective September 1, 2023.
(o) and (p) Repealed.
For the state fiscal year commencing July 1, 2015, one million dollars to the Colorado water conservation board construction fund, created in section 37-60-121 (1)(a), C.R.S., for the Colorado water conservation board to continue to provide planning and engineering studies, including implementation measures, to address: Technical needs for watershed restoration and flood mitigation projects throughout the state; aquatic habitat protection; flexible operations for multiple uses; restoration work; quantification of environmental flow needs; and monitoring efforts to support watershed health goals outlined in the Colorado water plan. The money remains available for the designated purposes until June 30, 2019, at which time any unused money will revert to the operational fund.
For the state fiscal year commencing July 1, 2015, one million two hundred thousanddollars to the Colorado water conservation board construction fund, created in section 37-60-121 (1)(a), C.R.S., for the Colorado water conservation board to participate in the development of modern tools and methods for determining large rain events for regulating and designing dam spillways in the state. The money remains available for the designated purposes until June 30, 2019, at which time any unused money will revert to the operational fund.
Repealed.
(3) (a) (I) It is the intent of the general assembly that the operational fund maintain a reserve equal to the current state fiscal year's operating appropriations for the core departmental programs, which reserve is referred to in this section as the "core reserve". If severance tax revenues are less than anticipated, then money in the core reserve is available to support the core departmental programs, but the core reserve is not available for the transfers to the natural resources and energy grant programs.
It is the intent of the general assembly that the operational fund maintain a secondreserve that is equal to the maximum amount of the transfers to the natural resources and energy grant programs under this section, which reserve is referred to in this section as the "grant program reserve". Money in the grant program reserve may be used to offset temporary revenue reductions in the core departmental programs and for transfers to natural resources and energy grant programs; except that, if the general assembly determines that transfers from the grant program reserve are needed during a state revenue crisis, the transfers shall be a loan from the grant program reserve to be repaid as soon as money is available.
The reserves created in this subsection (3) are intended to mitigate the impact offluctuations in the amount of revenue credited to the fund from year to year so as to maintain current levels of service for the core departmental programs and the natural resources and energy grant programs.
(b) and (c) Repealed.
(3.5) (a) If, at the end of a fiscal year, the core reserve requirement is fully satisfied, then, on August 15 following the end of the fiscal year, the state treasurer shall make the transfers to the natural resources and energy grant programs in the amounts specified in subsection (2) of this section. If necessary, the state treasurer may use money in the grant program reserve to supplement the money otherwise available to make the transfers. If there is insufficient money in the operational fund for the full transfers specified in subsection (2) of this section, then the state treasurer shall proportionally reduce the transfers.
If the grant program reserve requirement is fully satisfied and there is still money inthe operational fund as of the end of the fiscal year, 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).
Repealed.
(4) to (6) Repealed.
(7) The state treasurer shall transfer the following amounts from the general fund to the operational fund:
(a) On July 1, 2018, seventeen million thirty thousand nine hundred twenty-five dollars; (b) On January 1, 2019, three million dollars; and
(c) On July 1, 2019, an amount equal to the core reserve for the operating appropriations for the fiscal year commencing on July 1, 2019, for the programs specified in subsection (1) of this section or fourteen million two hundred fourteen thousand eight hundred fifty-four dollars, whichever amount is less.
(8) As used in this section:
"Core departmental programs" means the programs specified in subsection (1) of thissection.
"Transfers to the natural resources and energy grant programs" means the transfersspecified in subsection (2) of this section.
Source: L. 2008: Entire section added, p. 1863, § 2, effective June 2; (2)(j) added, p. 978, § 3, effective May 21; (2)(f) and IP(4)(a) amended and (4)(c) added, pp. 1328, 1336, §§ 3, 10, effective May 27; (2)(k) added, p. 1535, § 5, effective May 28; (2)(d)(I)(A) and (2)(e)(I)(A) amended, p. 1581, § 6, effective May 29; (2)(d)(I)(A) and (2)(e)(I)(A) amended and (2)(m) added, p. 1591, §§ 9, 8, effective May 29; (2)(l) added, p. 1576, § 33, effective May 29; (1) amended, p. 1689, § 2, effective June 2. L. 2009: (2)(a)(I)(A), (2)(a)(I)(B), (2)(c)(I)(B), (2)(d)(II)(A), (2)(e)(II)(A), (2)(f)(II)(A), (2)(n)(I)(A), and (2)(n)(II) amended and (2)(f)(V) added, (SB 09-293), ch. 370, pp. 2008, 2010, §§ 1, 3, effective June 1; (2)(i) amended, (SB 09125), ch. 328, p. 1751, § 22, effective June 1; (2)(n) added, (HB 09-1199), ch. 411, p. 2277, § 2, effective June 3; (2)(a) amended, (SB 09-106), ch. 386, p. 2090, § 2, effective July 1; (2)(h) amended, (SB 09-124), ch. 256, p. 1162, § 2, effective July 1. L. 2010: (2)(f)(III)(A) and (2)(f)(IV)(A) amended, (HB 10-1319), ch. 28, p. 103, § 1, effective March 18; (1)(a)(I), (1)(f), (2)(a)(I)(C), (2)(a)(I)(D) amended and (2)(a)(I)(E) added, (HB 10-1326), ch. 36, pp. 140, 141, §§ 1, 2, effective March 22; (6) added, (HB 10-1327), ch. 135, p. 451, § 9, effective April 15;
(2)(c)(I)(A) and (2)(c)(III) amended, (SB 10-025), ch. 379, p. 1775, § 2, effective June 7;
(2)(d)(IV)(A) amended and (2)(d)(V), (2)(d)(VI), (2)(e)(IV), (2)(e)(V), and (2)(e)(VI) added, (HB 10-1398), ch. 380, pp. 1777, 1778, §§ 4, 5, effective June 7. L. 2011: (2)(b)(IV) added, (HB 11-1156), ch. 134, p. 471, § 2, effective May 4; (6) amended, (SB 11-226), ch. 190, p. 735, § 7, effective May 19; (2)(e)(IV)(A), (2)(e)(V)(A), and (2)(e)(VI)(A) amended, (SB 11-203), ch. 231, p. 989, § 3, effective May 27. L. 2012: (2)(f)(V) amended, (HB 12-1028), ch. 60, p. 217, § 1, effective March 24; (2)(k) and (2)(n) amended, (HB 12-1032), ch. 69, p. 239, § 4, effective March 24; (3), (4)(b), and (5) amended, (HB 12-1353), ch. 221, p. 947, § 1, effective May 24; IP(2)(d), (2)(d)(III), (2)(d)(IV), (2)(d)(V), and (2)(d)(VI) repealed and IP(2)(e), (2)(e)(V)(A), and (2)(e)(VI)(A) amended, (HB 12-1349), ch. 282, p. 1635, § 4, effective June 8; (2)(f)(V)(A) and (4)(c)(I)(A) amended, (HB 12-1315), ch. 224, p. 978, § 46, effective July 1; (2)(h) amended, (HB 12-1334), ch. 219, p. 938, § 2, effective July 1. L. 2012, 1st Ex. Sess.: IP(2)(a)(I) amended, (SB 12S-002), ch. 1, p. 2422, § 20, effective May 19. L. 2013: (1)(b) amended and (1)(b.5) added, (HB 13-1057), ch. 1, p. 3, § 7, effective January 31; (4)(c) amended, (HB 13-1185), ch. 76, p. 244, § 1, effective March 22; IP(1), (1)(a)(I), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), IP(2), (3)(a), (4)(b), and (5) amended and (6) repealed, (SB 13-181), ch. 209, p. 874, § 26, effective May 13; (2)(e)(VI)(A) amended, (HB 13-1283), ch. 378, p. 2220, § 3, effective June 5; IP(1) amended, (HB 13-1139), ch. 120, p. 409, § 10, effective August 7. L. 2014: (2)(e)(VII), (2)(e)(VIII), (2)(e)(IX), (2)(e)(X), and (2)(e)(XI) added, (SB 14-188), ch. 219, p. 821, § 3, effective May 17; IP(2)(n)(I) and (2)(n)(I)(A) amended and (2)(n)(I)(C) amended, (SB 14-154), ch. 313, p. 1357, § 4, effective May 31. L. 2015: (2)(o) added, (HB 15-1150), ch. 56, p. 135, § 1, effective March 30; (2)(p) added, (SB 15-022), ch. 183, p. 600, § 4, effective May 12; (2)(q) and (2)(r) added, (SB 15-253), ch. 192, p. 637, § 13, effective May 14; (2)(s) added, (HB 15-1006), ch. 185, p. 605, § 2, effective August 5. L. 2016: (1.5) added, (SB 16-218), ch. 289, p. 1174, § 6, effective June 10; (3)(c) added, (SB 16-167), ch. 279, p. 1147, § 1, effective June 10. L. 2017: (1.7) added, (SB 17-260), ch. 157, p. 536, § 2, effective April 28; IP(2), (2)(k), and (2)(n) amended, (SB 17-050), ch. 34, p. 98, § 3, effective July 1; IP(2)(f) and (2)(f)(V) amended, (HB 17-1116), ch. 393, p. 2024, § 1, effective August 9. L. 2018: (1.5) and (1.7) repealed, IP(2) and IP(4)(a) amended, and (4)(d) and (7) added, (HB 18-1338), ch. 201, p. 1312, § 15, effective May 4; (2)(m) amended, (HB 18-1008), ch. 137, p. 900, § 10, effective August 8. L. 2019: IP(2), (3)(a), and (7)(c) amended, (3.5) and (8) added, and (4) and (5) repealed, (SB 19-016), ch. 68, p. 245, § 1, effective April 1; IP(2) and IP(2)(e) amended and (2)(e)(XII) added, (HB 19-1259), ch. 208, p. 2207, § 4, effective May 17. L. 2020: IP(1) and (1)(c) amended and (2)(o) repealed, (HB 20-1372), ch. 166, p. 765, § 2, effective July 1.
Editor's note: (1) Subsection (2)(m) was originally numbered as (2)(i) in Senate Bill 08-226 but has been renumbered on revision for ease of location.
Amendments to subsection (2)(a) by Senate Bill 09-106 and Senate Bill 09-293 wereharmonized.
(a) Subsections (2)(a)(I)(A), (2)(b)(I)(B), (2)(d)(I)(B), (2)(e)(I)(B), and (2)(g)(II) provided for the repeal of subsections (2)(a)(I)(A), (2)(b)(I), (2)(d)(I), (2)(e)(I), and (2)(g), respectively, effective July 1, 2010. (See L. 2008, p. 1863.)
Subsection (2)(f)(I)(D) provided for the repeal of subsection (2)(f)(I), effective July
1, 2010. (See L. 2008, p. 1328.)
Subsection (2)(j)(II) provided for the repeal of subsection (2)(j), effective July 1,
2010. (See L. 2008, p. 978.)
(d) Subsection (2)(l)(II) provided for the repeal of subsection (2)(l), effective July 1,
2010. (See L. 2008, p. 1576.)
Subsection (2)(m)(I)(B) provided for the repeal of subsection (2)(m)(I), effective July
1, 2010. (See L. 2008, p. 1591.)
Subsection (2)(i)(I)(B) provided for the repeal of subsection (2)(i)(I), effective July 1,2010. (See L. 2009, p. 1751.)
Subsections (2)(a)(I)(B), (2)(b)(II)(B), (2)(d)(II)(B), (2)(e)(II)(B), and (2)(f)(II)(B) provided for the repeal of subsections (2)(a)(I)(B), (2)(b)(II), (2)(d)(II), (2)(e)(II), and (2)(f)(II), respectively, effective July 1, 2011. (See L. 2008, p. 1863.)
Subsections (2)(a)(I)(C), (2)(b)(III)(B), (2)(e)(III)(B), and (2)(f)(III)(B) provided forthe repeal of subsections (2)(a)(I)(C), (2)(b)(III), (2)(e)(III), and (2)(f)(III), respectively, effective July 1, 2012. (See L. 2008, p. 1863.)
Amendments to subsection (2)(f)(V)(A) by House Bill 12-1028 and House Bill 121315 were harmonized.
Subsection (2)(a)(I)(D) provided for the repeal of said subsection (2)(a)(I)(D), effective July 1, 2013. (See L. 2010, p. 141.) Subsection (2)(e)(IV)(B) provided for the repeal of subsection (2)(e)(IV), effective July 1, 2013. (See L. 2010, p. 1778.) Subsection (2)(f)(IV)(B) provided for the repeal of subsection (2)(f)(IV), effective July 1, 2013. (See L. 2008, p. 1330.)
Amendments to the introductory portion to subsection (1) by House Bill 13-1139 andSenate Bill 13-181 were harmonized. Amendments to subsection (1)(b) by House Bill 13-1057 and Senate Bill 13-181 were harmonized.
Subsection (4)(c)(III)(B) provided for the repeal of subsection (4)(c), effective July1, 2013. (See L. 2013, p. 244.)
(a) Subsection (2)(e)(V)(B) provided for the repeal of subsection (2)(e)(V), effective July 1, 2014. (See L. 2010, p. 1778.)
(b) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2014. (See L. 2012, p. 947.)
Subsection (2)(e)(VI)(B) provided for the repeal of subsection (2)(e)(VI), effectiveJuly 1, 2015. (See L. 2010, p. 1777.)
Subsection (2)(e)(VII)(B) provided for the repeal of subsection (2)(e)(VII), effective July 1, 2016. (See L. 2014, p. 821.)
(a) Subsection (2)(e)(VIII)(B) provided for the repeal of subsection (2)(e)(VIII), effective July 1, 2017. (See L. 2014, p. 821.)
Subsection (2)(p)(II) provided for the repeal of subsection (2)(p), effective July 1,2017. (See L. 2015, p. 600.)
Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective July 1,2017. (See L. 2016, p. 1147.)
(a) Subsection (2)(e)(IX)(B) provided for the repeal of subsection (2)(e)(IX), effective July 1, 2018. (See L. 2014, p. 821.)
Subsection (2)(h)(II) provided for the repeal of subsection (2)(h), effective July 1,2018. (See L. 2012, p. 938.)
Subsection (2)(s)(II) provided for the repeal of subsection (2)(s), effective July 1,
2018. (See L. 2015, p. 605.)
Subsection (2)(e)(X)(B) provided for the repeal of subsection (2)(e)(X), effective
July 1, 2019. (See L. 2014, p. 821.)
Amendments to subsection IP(2) by SB 19-016 and HB 19-1259 were harmonized.
Subsection (2)(c)(III) provided for the repeal of subsection (2)(c), effective July 1,2020. (See L. 2010, p. 1775.)
Subsection (2)(e)(XI)(B) provided for the repeal of subsection (2)(e)(XI), effectiveJuly 1, 2020. (See L. 2014, p. 821.)
Subsection (3.5)(c)(II) provided for the repeal of subsection (3.5)(c), effective July1, 2020. (See L. 2019, p. 245.)
Cross references: (1) For the legislative declaration contained in the 2008 act amending subsections (2)(d)(I)(A) and (2)(e)(I)(A), see section 1 of chapter 339, Session Laws of Colorado 2008.
For the legislative declaration in the 2011 act amending subsections (2)(e)(IV)(A),
(2)(e)(V)(A), and (2)(e)(VI)(A), see section 1 of chapter 231, Session Laws of Colorado 2011.
For the legislative declaration in the 2012 act repealing the introductory portion tosubsection (2)(d) and subsections (2)(d)(III), (2)(d)(IV), (2)(d)(V), and (2)(d)(VI) and amending the introductory portion to subsection (2)(e) and subsections (2)(e)(V)(A) and (2)(e)(VI)(A), see section 1 of chapter 282, Session Laws of Colorado 2012.
For the legislative declaration in the 2013 act amending subsection (2)(e)(VI)(A), seesection 1 of chapter 378, Session Laws of Colorado 2013.
For the legislative declaration in SB 14-188, see section 1 of chapter 219, SessionLaws of Colorado 2014.
For the legislative declaration in HB 19-1259, see section 1 of chapter 208, SessionLaws of Colorado 2019.