NOTE: The governor signed this measure on 4/6/2012.
      
      
      HOUSE BILL 12-1285
      
      
      BY REPRESENTATIVE(S) Gerou, Conti, Gardner B., Hamner, Kerr J.,
      Nikkel;
      also SENATOR(S) Jahn, Boyd, King S., Newell, Nicholson, Schwartz.
      
      
      Concerning modifications to statutory provisions governing
           intergovernmental cooperation to address wildland fire
           mitigation where a municipality owns land inside a county
           for utility purposes.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 29-20-105.5, amend
      (3) (a) and (3) (b) introductory portion; and add (2) (b.5) and (2) (e) as
      follows:
      
           29-20-105.5.  Intergovernmental cooperation - intergovernmental
      agreements to address wildland fire mitigation - legislative declaration.
      (2)  As used in this section, unless the context otherwise requires:
      
           (b.5)  "Local government" means a home rule or statutory
      city, town, territorial charter city, or a city and county. "Local
      government" does not include a county or a home rule county.
      
           (e)  "Utility purposes" means the use or management of
      property by a local government that is reasonably related to the
      provision of electric, natural gas, water, wastewater, and
      telecomunication services.
      
           (3) (a) (I)  On or before July 1, 2012, each local government that
      owns any land area for any reason other than for utility purposes
      that is located either entirely or partially outside its own territorial
      boundaries and inside the territorial boundaries of a county and that
      contains at least fifty percent forest land or land that constitutes a wildland
      area shall enter into an intergovernmental agreement with the county for the
      purpose of mitigating forest land or wildland fires affecting the contiguous
      land areas of the local government and county. In association with the
      governmental parties entering into any intergovernmental agreement, the
      parties to such agreement shall consult with any utility providers that have
      facilities in the areas subject to the agreements to the extent the provisions
      of the agreements will affect the providers.
      
           (II)  On or before July 1, 2012, each local government that
      owns any land area for utility purposes that is located either
      entirely or partially outside its own territorial boundaries and
      inside the territorial boundaries of a county and that contains at
      least fifty percent forest land or land that constitutes a
      wildland area shall either:
      
           (A)  Enter into an intergovernmental agreement with the
      county for the purpose of mitigating forest land or wildland fires
      affecting the contiguous land areas of the local government and
      county; or
      
           (B)  Enter into an agreement with the Colorado state forest
      service created in section 36-7-201 (1), C.R.S., for the purpose of
      mitigating forest land or wildland fires affecting the contiguous
      land areas of the local government and county, and provide
      notification of the agreement to any county in which the local
      government owns any land area.
      
           (III)  In association with the governmental parties entering
      into any intergovernmental agreement or agreement with the
      Colorado state forest service, the parties to the agreement shall
      consult with any utility providers that have facilities in the areas
      subject to the agreement to the extent the provisions of the
      agreement will affect the providers.
      
           (b)  The Any agreement required by subparagraph (I) or (II) of
      paragraph (a) of this subsection (3) shall address, without limitation, the
      following matters:
      
           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.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO