First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0499.01 Thomas Morris HOUSE BILL 11-1150 HOUSE SPONSORSHIP Becker, Sonnenberg SENATE SPONSORSHIP Jahn, House Committees Senate Committees Agriculture, Livestock, & Natural Resources A BILL FOR AN ACT Concerning additional revenues for water storage projects. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Section 1 of the bill transfers $5 million per year for 10 years from the wildlife cash fund to the Colorado water conservation board construction fund. Section 2 allows the Colorado water conservation board to expend these revenues only for water storage projects that will enhance, create, or preserve wildlife habitat or contribute to a wildlife restoration project, a fish restoration or management project, or the conservation of wildlife, and only if the board determines that doing so does not violate federal law. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 33-1-112 (1) (a), Colorado Revised Statutes, is amended, and the said 33-1-112 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 33-1-112. Funds and cost accounting - repeal. (1) (a) Except as provided in subsections (7) and (8) of this section, sections 33-1-112.5 and 33-6-105, and in part 7 of article 22 of title 39, C.R.S., all moneys received from wildlife license fees, and all moneys from all other wildlife sources, and all interest earned on such moneys shall be deposited in the state treasury and credited to the wildlife cash fund, which fund is hereby created. and such Moneys in the fund shall be utilized for expenditures authorized or contemplated by and not inconsistent with the provisions of articles 1 to 6 of this title for wildlife activities and functions, and for the financing of impact assistance grants pursuant to part 3 of article 25 of title 30, C.R.S. All moneys so deposited in the wildlife cash fund shall remain in such the fund to be used for the purposes set forth in the provisions of articles 1 to 6 of this title and shall not be deposited in or transferred to the general fund of the state of Colorado or any other fund except as specified by subsection (9) of this section. (9) (a) On July 1 of each fiscal year, beginning on July 1, 2011, and ending on July 1, 2020, the state treasurer shall transfer five million dollars, for a cumulative total of no more than fifty million dollars, as of July 1, 2020, from the wildlife cash fund to the Colorado water conservation board construction fund created in section 37-60-121 (1) (a), C.R.S. (b) This subsection (9) is repealed, effective July 1, 2021. SECTION 2. 37-60-121 (1) (a), Colorado Revised Statutes, is amended to read: 37-60-121. Colorado water conservation board construction fund - creation of - nature of fund - funds for investigations - contributions - use for augmenting the general fund - funds created - repeal. (1) (a) (I) There is hereby created a fund to be known as the Colorado water conservation board construction fund, which shall consist consists of: (A) All moneys which may be appropriated thereto to the fund by the general assembly or which may be otherwise made available to it by the general assembly; and (B) Such Any charges that may become a part thereof of the fund under the terms of section 37-60-119; and (C) Revenues transferred pursuant to section 33-1-112 (9), C.R.S. In addition to the criteria otherwise specified by law for the expenditure of revenues in the fund, the board may expend revenues transferred pursuant to this sub-subparagraph (C) only for water storage projects that will enhance, create, or preserve wildlife habitat or contribute to a wildlife restoration project, a fish restoration or management project, or the conservation of wildlife, and only if the board determines that such expenditure does not violate federal law, including the "Pittman-Robertson Wildlife Restoration Act", 16 U.S.C. sec. 669 et seq., and the "Dingell-Johnson Sport Fish Restoration Act", 16 U.S.C. sec. 777 et seq. The board may consult with the division of wildlife in implementing this sub-subparagraph (C). This sub-subparagraph (C) is repealed, effective July 1, 2021. (II) All interest earned from the investment of moneys in the fund shall be credited to the fund and become a part thereof. Such of the fund. The fund shall be is a continuing fund, to be expended in the manner specified in section 37-60-122 and sub-subparagraph (C) of subparagraph (I) of this paragraph (a), and shall does not revert to the general fund of the state at the end of any fiscal year. SECTION 3. Effective date. This act shall take effect July 1, 2011. SECTION 4. 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.