Seventieth General AssemblyENGROSSEDThis Version Includes All Amendmen - PDF document

Seventieth General AssemblyENGROSSEDThis Version Includes All Amendments Adoptedon Second Reading in the House of IntroductionLLS NO. 15-0116.01 Jennifer BermanHouse CommitteesSenate CommitteesAgriculture, Livestock, & Natural ResourcesAgriculture, Livestock, & Natural ResourcesAppropriationsONCERNING THE ESTABLISHMENT OF A GRANT PROGRAM FOR THEMANAGEMENT OF INVASIVE PHREATOPHYTES AND , IN CONNECTION THEREWITH , MAKING AN APPROPRIATION Bill Summary(Note: This not reflect any amendments that may be subsequently adopted. If this billpasses third reading in the house of introduction, a bill summary thatapplies to the reengrossed version of this bill will be available at Water Resources Review Committee. The bill establishes a5-year grant program for the management of invasive phreatophytes,which are deep-rooted plants that consume water from the water table orthe layer of soil just above the water table. of the bill creates theinvasive phreatophyte grant program account in the noxious weed Amended 2nd Reading Coram and Vigil,Sonnenberg, Hodge, Roberts Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters indicate new material to be added to existing statute.Dashes through the words indicate deletions from existing statute. management fund. creates the grant program. The departmentof agriculture administers the grant program under its authority to managenoxious weeds. To qualify for a grant, an applicant must propose a projectfor the management of invasive phreatophytes that utilizes bestmanagement practices. In Colorado Revised Statutes, a follows: Invasive phreatophyte control program - creation BOARD SHALL EXPEND MONEYS FROM THE OLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND TO AWARD GRANTS UNDER THE INVASIVE PHREATOPHYTE CREATED HEREIN FOR HE MANAGEMENT OF INVASIVEPHREATOPHYTES INCLUDING TAMARISK AND USSIANOLIVE WITHIN THERIPARIAN AREAS OF THE STATEHE D MAY AWARD GRANTS TOPUBLIC ENTITIES PRIVATE ENTITIES AND PRIVATE INDIVIDUALSPROPOSING PROJECTS UTILIZING BEST MANAGEMENT PRACTICES FOR THEMANAGEMENT OF INVASIVE PHREATOPHYTES TO DECREASE THEIRCONSUMPTION OF W ATER AND PROTECT THE RIPARIAN HABITAT NATIVE TO EACH BASIN IN WHICH PROJECTS ARE PROPOSED (2) BEGINNING IN FISCAL YEAR 2015-16, THE BOARD SHALL AWARD GRANTS IVING PRIORITY TO PROPOSED PROJECTS THAT DEM NSTRATE INTEGRATED MANAGEMENT INVASIVE PHREATOPHYTES AND ACHIEVE SPECIFIED MANAGEMENT OBJECTIVES . 19 SHALL ALSO GIVE PRIORITY TO (a) PROPOSED PROJECTS THAT WOULD HAVE THE GREATESTIMPACT ON REDUCING OVERALL GROUNDWATER CONSUMPTION BYINVASIVE PHREATOPHYTES AND -2- (b) PROPOSED PROJECTS THAT HELP THE B OARD ACHIEVEGEOGRAPHIC DIVERSITY IN GRANT FUNDINGHE BOARD SHALL STRIVE TOACHIEVE GEOGRAPHIC DIVERSITY IN GRANT FUNDING BY APPROVING A MIXOF PROJECTS COVERING AREAS WEST OF THE CONTINENTAL DIVIDE ANDPROJECTS COVERING AREAS EAST OF THE CONTINENTAL DIVIDE 6 (3) AFTER PROVIDING AT LEAST FORTYFIVE DAYS NOTICE OF ANDAN OPPORTUNITY FOR PUBLIC COMMENT ON THE BOARD S PROPOSEDCRITERIA AND GUIDELINES THE BOARD AFTER CONSIDERATION OF ANYCOMMENTS RECEIVED CONSULTATION WITH THE AFFECTED BASIN ROUNDTABLES THEIR SUCCESSOR ORGANIZATIONS ; LOCAL WATER CONSERVATION DISTRICTS LOC AL WATERSHED GROUPS , SUCH EXIST SHALL ESTABLISH CRITERIA AND GUIDELINES FOR THEGRANT PROGRAM INCLUDING CRITERIA ON ELIGIBILITY SELECTION ANDAPPROVAL OF BEST MANAGEMENT PRACTICES FOR INVASIVEPHREATOPHYTE MANAGEMENTHE SELECTION CRITERIA MUST REFLECTTHE PRIORITIES LISTED IN SUBSECTION OF THIS SECTION REQUIRE THAT PROPOSED PROJECTS BE ENDORSED THE BASIN ROUNDTABLE OR ITS SUCCESSOR ORGANIZATION IN EACH BASIN IN WHICH THE PROJECTS ARE PROPOSED 20 (4) THE OARD MAY ACCEPT AND EXPEND GIFTS GRANTS ANDDONATIONS FOR THE PURPOSES OF THIS SECTION BUT THEIMPLEMENTATION OF THIS SECTION IS NOT DEPENDENT ON THE RECEIPT OFGIFTS GRANTS AND DONATIONSHE BOARD SHALL TRANSMIT ALLMONEYS RECEIVED THROUGH SUCH GIFTS GRANTS OR DONATIONS TO THE TREASURER WHO SHALL CREDIT THEM THE OLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND -3- N AN ANNUAL BASIS THE BOARD SHALL REPORT TO THEAGRICULTURE NATURAL RESOURCES AND ENERGY COMMITTEE IN THESENATE AND THE AGRICULTURE LIVESTOCK AND NATURAL RESOURCESCOMMITTEE IN THE HOUSE OF REPRESENTATIVES OR THEIR SUCCESSORCOMMITTEES ON THE PROGRESS OF THE GRANT PROGRAMN OR BEFORE THE SHALL PROVIDE E COMMITTEES A FINALREPORT ON THE GRANT PROGRAM HIS SECTION IS REPEALED EFFECTIVE EPTEMBER 8 In Colorado Revised Statutes, 39-29-109.3, a (o) as follows: 39-29-109.3. Severance tax operational fund - repeal. Subject to the requirements of subsections (3) and (4) of this section, assembly rcent moneys fund specified section, the state treasurer shall transfer the following: O THE C OLOR ADO WATER CONSERVATION BOARD CONSTRUCTION FUND FOR THE IMPLEMENTATION OF THE INVASIVE PHREATOPHYTE CONTROL PROGRAM CREATED IN SECTION 3 FOR THE TWO FISCAL YEARS COMMENCING ULY TWO MILLION DOLLARS EXCEPT THAT FOR THE FISCAL YEAR COMMENCING ULY THE TREASURER SHALL TRANSFER MONEYS THE OLORADO WATER CONSERVATION CONSTRUCTION FUND UNDER THIS THE PROPORTIONAL REDUCTION FORTH SUBSECTION THIS SECTION TRIGGERED FOR THE OTHER TRANSFERS LISTED IN THIS SUBSECTION (2). (II) T HIS PARAGRAPH (o) IS REPEALED , EFFECTIVE J ULY 26 For fiscal year,-4- $2,000,000 department for from Colorado water conservation board construction fund created in section3 nservation board may use this appropriation to implement this act. 4. Act subject to petition - effective date. This acttakes effect at 12:01 a.m. on the day following the expiration of theninety-day period after final adjournment of the general assembly (August5, 2015, if adjournment sine die is on May 6, 2015); except that, if areferendum petition is filed pursuant to section 1 (3) of article V of thestate constitution against this act or an item, section, or part of this actwithin such period, then the act, item, section, or part will not take effectunless approved by the people at the general election to be held inNovember 2016 and, in such case, will take effect on the date of theofficial declaration of the vote thereon by the governor.-5-