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.
      
      
      SENATE BILL 10-102
      
      
      BY SENATOR(S) Gibbs, Kopp, Schwartz, Whitehead, Williams;
      also REPRESENTATIVE(S) Fischer, Hullinghorst, Pace, Pommer, Ryden,
      Todd.
      
      
      Concerning the certification of users of prescribed fire according
           to standards established by the Colorado state forest
           service.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  23-31-313 (6) (a), Colorado Revised Statutes, is
      amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read:
      
           23-31-313.  Healthy forests - vibrant communities - funds
      created.  (6)  Community watershed restoration. (a)  In order to support
      communities and land managers in moving from risk reduction to long-term
      ecological restoration so that the underlying condition of Colorado's forests
      supports a variety of values, particularly public water supply and
      high-quality wildlife habitat, the forest service shall:
      
           (III)  Establish training and certification standards for
      users of prescribed fire in consultation with the Colorado
      prescribed fire council or an analogous successor organization. 
      The forest service may also consult with local fire jurisdictions. 
      Nothing in this subparagraph (III) requires a user of prescribed fire
      to be certified.  The standards shall:
      
           (A)  Create certified burner and noncertified burner
      designations for users of prescribed fire on private and
      nonfederal land;
      
           (B)  Establish requirements for certified burners to conduct
      lawful activities pursuant to authorization under section
      18-13-109 (2) (b) (IV), C.R.S., regarding firing of woods or prairie;
      
           (C)  Identify processes and procedures for certified burners
      to conduct a prescribed fire;
      
           (D)  Recommend organizational structures for prescribed
      burn operations;
      
           (E)  Establish training standards for certified burners; and
      
           (F)  Clearly identify preexisting fees, permit requirements,
      liabilities, liability exemptions, and penalties for prescribed burn
      personnel and landowners, including those specified in sections
      25-7-106 (7) and (8) and 25-7-123, C.R.S.
      
           SECTION 2.  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.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO