NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. HOUSE BILL 10-1398 BY REPRESENTATIVE(S) Fischer, Gagliardi, Gerou, Hullinghorst, Kefalas, Pace, Primavera, Sonnenberg, Vigil; also SENATOR(S) Whitehead, Gibbs, Kopp, Newell, Penry, Schwartz, Williams. Concerning the species conservation trust fund, and, in connection therewith, approving the species conservation eligibility list. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) Pursuant to: (a) Section 24-33-111 (2), Colorado Revised Statutes, the species conservation trust fund has been created in the state treasury to fund programs designed to conserve native species that have been listed as threatened or endangered under state or federal law, or are candidate species or are likely to become candidate species as determined by the United States fish and wildlife service; (b) Section 24-33-111 (3), Colorado Revised Statutes, the executive director of the department of natural resources, after consulting with the Colorado water conservation board and its director, the wildlife commission, and the director of the division of wildlife, has prepared and delivered to the general assembly a species conservation eligibility list describing programs and associated costs that are eligible to receive funding from the species conservation trust fund; and (c) Section 24-33-111 (3), Colorado Revised Statutes, prior to obligating funds from the species conservation trust fund, the species conservation eligibility list is subject to modification and adoption through the passage of a bill. SECTION 2. Transfer between accounts. (1) The authority of the executive director of the department of natural resources, which was approved in House Bill 09-1289, to obligate and expend revenues from the capital account of the species conservation trust fund for the purpose of instream flow protection is reduced from five hundred thousand dollars ($500,000) to zero dollars ($0). (2) The state treasurer shall, on July 1, 2010, transfer five hundred thousand dollars ($500,000) from the capital account of the species conservation trust fund to the operation and maintenance account of the species conservation trust fund, for the upper Colorado river recovery program. SECTION 3. Eligibility list - approval. (1) The general assembly deems the recommended expenditures described in the species conservation eligibility list to be in the interest of the people of the state. The moneys specified in this subsection (1) shall be available in fiscal year 2010-11 and shall remain available for the designated purposes until they are fully expended: (a) The executive director of the department of natural resources is authorized to obligate and expend four million five hundred thousand dollars ($4,500,000) from the capital account of the species conservation trust fund for the following activities, programs, and species in the following amounts: PROGRAM / SPECIES AMOUNT (I) Platte River Recovery Program $ 3,000,000 (II) Native Grouse Conservation Program $ 1,500,000 Total capital account appropriation: $ 4,500,000 (b) The executive director of the department of natural resources is authorized to obligate and expend three million five hundred thousand dollars ($3,500,000) from the operation and maintenance account of the species conservation trust fund for the following activities, programs, and species in the following amounts: PROGRAM / SPECIES AMOUNT (I) Upper Colorado River Recovery Program$ 1,500,000 (II) Native Grouse Conservation Program $ 630,000 (III) Native Fish Conservation $ 470,000 (IV) Wildlife Disease Management $ 400,000 (V) Wildlife Research $ 100,000 (VI) Natural Areas Program $ 400,000 Total operation and maintenance account appropriation: $ 3,500,000 SECTION 4. 39-29-109.3 (2) (d) (IV) (A), Colorado Revised Statutes, is amended, and the said 39-29-109.3 (2) (d) is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS, to read: 39-29-109.3. Operational account of the severance tax trust fund - repeal. (2) Subject to the requirements of subsections (3) and (4) of this section, if the general assembly chooses not to spend up to one hundred percent of the moneys in the operational account as specified in subsection (1) of this section, the state treasurer shall transfer the following: (d) To the capital account of the species conservation trust fund created in section 24-33-111 (2) (a), C.R.S., the following amounts: (IV) (A) For the state fiscal year commencing July 1, 2011, four three million dollars. (V) (A) For the state fiscal year commencing July 1, 2012, four million five hundred thousand dollars. (B) This subparagraph (V) is repealed, effective July 1, 2014. (VI) (A) For the state fiscal year commencing July 1, 2013, four million five hundred thousand dollars. (B) This subparagraph (VI) is repealed, effective July 1, 2015. SECTION 5. 39-29-109.3 (2) (e), Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBPARAGRAPHS to read: 39-29-109.3. Operational account of the severance tax trust fund - repeal. (2) Subject to the requirements of subsections (3) and (4) of this section, if the general assembly chooses not to spend up to one hundred percent of the moneys in the operational account as specified in subsection (1) of this section, the state treasurer shall transfer the following: (e) To the operation and maintenance account of the species conservation trust fund created in section 24-33-111 (2) (a), C.R.S., the following amounts: (IV) (A) For the state fiscal year commencing July 1, 2011, one million dollars. (B) This subparagraph (IV) is repealed, effective July 1, 2013. (V) (A) For the state fiscal year commencing July 1, 2012, two million five hundred thousand dollars. (B) This subparagraph (V) is repealed, effective July 1, 2014. (VI) (A) For the state fiscal year commencing July 1, 2013, two million five hundred thousand dollars. (B) This subparagraph (VI) is repealed, effective July 1, 2015. SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. ________________________________________________________ Terrance D. Carroll Brandon C. Shaffer SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Marilyn Eddins Karen Goldman CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ _________________________________________ Bill Ritter, Jr. GOVERNOR OF THE STATE OF COLORADO