NOTE: The governor signed this measure on 2/23/2012. HOUSE BILL 12-1192 BY REPRESENTATIVE(S) Gerou, Becker, Levy, Brown, Hamner, Labuda, Wilson, Young; also SENATOR(S) Hodge, Steadman, Lambert. Concerning a supplemental appropriation to the department of natural resources. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Appropriation to the department of natural resources for the fiscal year beginning July 1, 2011. In Session Laws of Colorado 2011, section 2 of chapter 335, (SB 11-209), amend Part XIV as follows: Section 2. Appropriation. PART XIV DEPARTMENT OF NATURAL RESOURCES (1) EXECUTIVE DIRECTOR'S OFFICE Personal Services 3,758,804 3,758,804 a (43.8 FTE) Health, Life, and Dental 9,005,212 1,531,020 5,733,551 b 374,263 a 1,366,378 Short-term Disability 154,967 27,743 103,755 b 5,731 a 17,738 S.B. 04-257 Amortization Equalization Disbursement 2,446,227 433,645 1,641,325 b 90,652 a 280,605 S.B. 06-235 Supplemental Amortization Equalization Disbursement 1,963,386 346,132 1,318,922 b 72,846 a 225,486 Shift Differential 17,732 17,732 b Workers' Compensation 1,403,091 199,253 1,148,866 b 24,310 a 30,662 Operating Expenses 1,241,241 1,060,977 b 174,927 a 5,337 Legal Services for 45,410 hours 3,437,991 832,772 2,515,078 b 39,520 a 50,621 Purchase of Services from Computer Center 5,411,608 471,648 3,314,076 b 1,521,241 a 104,643 Multiuse Network Payments 2,186,240 130,554 1,375,172 b 569,738 a 110,776 Management and Administration of OIT 549,913 1,517 297,502 b 244,797 a 6,097 Payment to Risk Management and Property Funds 760,527 68,601 670,925 b 11,964 a 9,037 Vehicle Lease Payments 2,898,675 293,114 2,553,410 b 52,151 2,776,937 300,398 2,420,894 b 55,645 Information Technology Asset Maintenance 266,989 31,628 144,823 b 90,538 a Leased Space 1,366,140 536,714 801,645 b 27,781 Capitol Complex Leased Space 872,671 217,856 376,772 b 171,126 a 106,917 Communication Services Payments 1,060,571 1,060,571 b 38,801,985 38,680,247 a Of these amounts, $5,772,254 shall be from departmental indirect cost recoveries, $1,316,390 shall be from statewide indirect cost recoveries, and $61,813 shall be from the Department of Transportation and other state agencies. b Of these amounts, $22,952,081 $22,819,565 shall be from various sources of cash funds and $1,183,021 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1), C.R.S. (2) DIVISION OF RECLAMATION, MINING, AND SAFETY (A) Coal Land Reclamation Program Costs 2,145,204 723,214 a 1,421,990 b 449,908 a 1,695,296 b (23.0 FTE) Indirect Cost Assessment 136,073 28,575 a 107,498 b 2,281,277 a These amounts shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (c), C.R.S. b These amounts shall be from the United States Office of Surface Mining, and are shown for informational purposes only. (B) Inactive Mines Program Costs 1,636,925 (16.4 FTE) Mine Site Reclamation42 409,993 (1.2 FTE) Reclamation of Forfeited Mine Sites43 171,000 Abandoned Mine Safety 99,850 (0.2 FTE) Indirect Cost Assessment 133,226 2,450,994 1,182,116 a 30,000 b 1,238,878 a Of this amount, $662,869 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (c), C.R.S., and $519,247 shall be from the Abandoned Mine Reclamation Fund created in Section 34-34-102 (1), C.R.S. b This amount shall be transferred from the Department of Public Health and Environment. (C) Minerals Program Costs 2,176,730 (24.1 FTE) Indirect Cost Assessment 121,219 2,297,949 2,297,949 a a Of this amount, $1,246,725 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (c), C.R.S., and $1,051,224 shall be from the Mined Land Reclamation Fund established pursuant to Section 34-32-127 (1) (a), C.R.S. (D) Mines Program Colorado and Federal Mine Safety Program 513,045 324,324 a 188,721 (5.0 FTE) Blaster Certification Program 108,353 22,606 b 85,747 (1.0 FTE) Indirect Cost Assessment 28,191 17,668 b 10,523 649,589 a Of this amount, $314,384 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (c), C.R.S., and $9,940 shall be from fees. b These amounts shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (c), C.R.S. (E) Emergency Response Costs 25,000 25,000 a a This amount shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (c), C.R.S. 7,704,809 (3) GEOLOGICAL SURVEY Environmental Geology and Geological Hazards Program 2,511,978 1,464,341 a 448,881 b 598,756 (17.2 FTE) Mineral Resources and Mapping 1,440,260 1,117,949 c 322,311 (10.5 FTE) Colorado Avalanche Information Center 707,872 280,750 d 408,935 e 18,187 (8.4 FTE) Indirect Cost Assessment 152,789 110,548 f 42,241 4,812,899 a Of this amount, $919,233 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (b), C.R.S., and $545,108 shall be from fees for geological services. b This amount shall be from fees for geological services from the Department of Transportation, other state agencies, and indirect cost recoveries. c Of this amount, $1,028,048 shall be from the Operational Account of the Severance Tax Trust Fund Section 39-29-109.3 (1) (b), C.R.S., and $89,901 shall be from fees paid by local governments. d Of this amount, $157,523 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (b), C.R.S., $121,227 shall be from grants and training and materials fees, and $2,000 shall be from the Snowmobile Recreation Fund established pursuant to Section 33-14-106, C.R.S. e This amount shall be from the Department of Transportation. f This amount shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (b), C.R.S. (4) OIL AND GAS CONSERVATION COMMISSION Program Costs 5,925,222 5,925,222 a 5,987,635 5,987,635 a (67.0 FTE) (67.5 FTE) Underground Injection Program 96,559 96,559 (2.0 FTE) Plugging and Reclaiming Abandoned Wells 445,000 445,000 b Environmental Assistance and Complaint Resolution 312,033 312,033 b Emergency Response44 1,000,000 1,000,000 b Special Environmental Protection and Mitigation Studies45 325,000 325,000 b Indirect Cost Assessment 463,897 456,220 b 7,677 8,567,711 8,630,124 a Of this amount, $3,238,925 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (a), C.R.S., and $2,686,297 $2,748,710 shall be from the Oil and Gas Conservation and Environmental Response Fund established pursuant to Section 34-60-122 (5), C.R.S. b These amounts shall be from the Oil and Gas Conservation and Environmental Response Fund established pursuant to Section 34-60-122 (5), C.R.S. (5) STATE BOARD OF LAND COMMISSIONERS Program Costs 3,702,589 (37.0 FTE) Public Access Program Damage and Enhancement Costs 225,000 Indirect Cost Assessment 189,581 4,117,170 3,892,170 a 225,000 b a Of this amount, $3,817,170 shall be from the State Land Board Trust Administration Fund established pursuant to Section 36-1-145 (2) (a), C.R.S., and is derived from mineral royalties, bonus income, lease rental revenue, timber sales, related interest income, and fees, and $75,000 shall be from the State Board of Land Commissioners Land and Water Management Fund created pursuant to Section 36-1-148 (1), C.R.S. b This amount shall be from the Department of Natural Resources, Division of Wildlife. (6) PARKS AND OUTDOOR RECREATION (A) State Park Operations 23,679,514 23,240,806 a 438,708 b (247.3 FTE) a Of this amount, $18,611,148 shall be from the Parks and Outdoor Recreation Cash Fund established pursuant to Section 33-10-111 (1), C.R.S., $2,243,971 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (f), C.R.S., $1,859,306 shall be from Lottery proceeds (including reserves from prior years) and is shown for informational purposes only, $122,690 shall be from the Snowmobile Recreation Fund established pursuant to Section 33-14-106, C.R.S., $7,437 shall be from the Off-highway Vehicle Recreation Fund established pursuant to Section 33-14.5-106 (1), C.R.S., and $396,254 shall be from various sources of cash funds. b This amount is anticipated to be received from the United States Bureau of Reclamation through a cost-sharing agreement to address the net operating deficit of Paonia, Vega, Rifle Gap, Crawford, and Navajo State parks, and is shown for informational purposes only. (B) Great Outdoors Colorado Board Grants Land and Water Protection 709,000 (2.0 FTE) Operations and Maintenance 1,969,000 (14.5 FTE) Statewide Programs 1,657,000 (6.0 FTE) 4,335,000 4,335,000 a a This amount shall be from the Great Outdoors Colorado Board established in Article XXVII, Section 1 of the State Constitution, and is shown for informational purposes only. (C) Special Purpose Snowmobile Program 1,000,924 1,000,924 a (1.3 FTE) River Outfitters Regulation 142,966 142,966 b (0.5 FTE) Off-highway Vehicle Program 532,501 532,501 c (3.0 FTE) Off-highway Vehicle Grants46 4,000,000 4,000,000 c Federal Grants 750,000 750,000 d S.B. 03-290 Enterprise Fund 200,000 200,000 e System Operations and Support 661,500 661,500 f Connectivity at State Parks 370,000 370,000 f Asset Management 270,000 270,000 f Natural Resource Protection 600,000 150,000 g 450,000 h Miscellaneous Small Projects 2,000,000 2,000,000 f Trails Grants 2,200,000 1,800,000 i 400,000 j S.B. 08-226 Aquatic Nuisance Species 2,684,673 2,684,673 k (7.0 FTE) Indirect Cost Assessment 1,630,268 1,583,099 l 47,169 m 17,042,832 a This amount shall be from the Snowmobile Recreation Fund established pursuant to Section 33-14-106, C.R.S. b Of this amount, $104,466 shall be from the River Outfitters Cash Fund established pursuant to Section 33-32-111, C.R.S., and $38,500 shall be from the Parks and Outdoor Recreation Cash Fund established pursuant to Section 33-10-111 (1), C.R.S. c These amounts shall be from the Off-highway Vehicle Recreation Fund established pursuant to Section 33-14.5-106 (1), C.R.S. d This amount reflects funds anticipated to be received from the United States Coast Guard, and is shown for informational purposes only. e This amount shall be from the Parks and Outdoor Recreation Cash Fund established pursuant to Section 33-10-111 (1), C.R.S. f These amounts shall be from lottery proceeds (including reserves from prior years), and are shown for informational purposes only. g This amount shall be from the Great Outdoors Colorado Board established in Section 1 of Article XXVII of the State Constitution, and is shown for informational purposes only. h This amount reflects anticipated funds from the Federal Emergency Management Agency, and is shown for informational purposes only. i Of this amount, $1,650,000 shall be from the Great Outdoors Colorado Board and is shown for informational purposes only, and $150,000 shall be from Lottery proceeds (including reserves from prior years), and is shown for informational purposes only. j This amount reflects anticipated funds from the United States Department of the Interior, Land and Water Conservation Fund State Assistance Program, and the United States Department of Transportation, Recreational Trails Program, and is shown for informational purposes only. k This amount shall be from the Division of Parks and Outdoor Recreation Aquatic Nuisance Species Fund created in Section 33-10.5-108 (1) (a), C.R.S., is continuously appropriated to the Division of Parks and Outdoor Recreation, and is shown for informational purposes only. l Of this amount, $1,328,630 shall be from the Parks and Outdoor Recreation Cash Fund established pursuant to Section 33-10-111 (1), C.R.S., and $254,469 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (f), C.R.S. m This amount reflects anticipated funds from the United States Coast Guard and the Bureau of Reclamation, and is shown for informational purposes only. 45,057,346 (7) COLORADO WATER CONSERVATION BOARD (A) Administration Personal Services 2,914,947 (30.0 FTE) Operating Expenses 472,761 River Decision Support Systems 456,784 (4.0 FTE) 3,844,492 3,552,905 a 291,587 b a Of this amount, $3,509,155 shall be from reserves in the Colorado Water Conservation Board Construction Fund established pursuant to Section 37-60-121 (1) (a), C.R.S., and $43,750 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (d), C.R.S. b This amount shall be from the Wildlife Cash Fund established pursuant to Section 33-1-112 (1) (a), C.R.S. (B) Special Purpose Intrastate Water Management and Development 470,464 470,464 a Federal Emergency Management Assistance 143,928 13,732 a 130,196 (2.0 FTE) Weather Modification 25,000 25,000 b Water Conservation Program 285,166 285,166 a (4.0 FTE) H.B. 05-1254 Water Efficiency Grant Program 598,788 598,788 c (1.0 FTE) Severance Tax Fund 1,275,500 1,275,500 d Interbasin Compacts 1,141,167 1,141,167 e (3.7 FTE) Platte River Basin Cooperative Agreement 231,534 231,534 f (1.0 FTE) S.B. 02-87 Colorado Watershed Protection Fund 119,942 119,942 g Indirect Cost Assessment 588,748 577,833 a 10,915 4,880,237 a These amounts shall be from the Colorado Water Conservation Board Construction Fund established pursuant to Section 37-60-121 (1) (a), C.R.S. b This amount shall be from weather modification permit fees pursuant to Section 36-20-113 (1), C.R.S. c Of this amount, $498,788 shall be from the Water Efficiency Grant Program Cash Fund created in Section 37-60-126 (12) (a) (I), C.R.S., and $100,000 shall be from reserves in the Colorado Water Conservation Board Construction Fund established pursuant to Section 37-60-121 (1) (a), C.R.S. d This amount shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (d), C.R.S. e Of this amount, $741,167 shall be from the Interbasin Compact Committee Operation Fund created in Section 37-75-107, C.R.S., is continuously appropriated to the Colorado Water Conservation Board, and is shown for informational purposes only, and $400,000 shall be from reserves in the Colorado Water Conservation Board Construction Fund established pursuant to Section 37-60-121 (1) (a), C.R.S. f This amount shall be from the Fish and Wildlife Resources Fund established pursuant to Section 37-60-121 (6), C.R.S. g This amount shall be from the Colorado Healthy Rivers Fund established pursuant to Section 39-22-2403 (1) C.R.S. 8,724,729 (8) WATER RESOURCES DIVISION Personal Services 17,652,932 17,136,370 516,562 a (243.1 FTE) Operating Expenses 1,399,974 960,466 439,508 a Interstate Compacts 76,002 76,002 Republican River Compact Compliance 316,364 316,364 (5.0 FTE) Satellite Monitoring System 399,857 194,968 204,889 b (2.0 FTE) Augmentation of Water for Sand and Gravel Extraction 44,400 44,400 c Dam Emergency Repair 50,000 50,000 d Federal Grant 126,042 126,042 e River Decision Support Systems 206,232 206,232 d (2.0 FTE) H.B. 03-1334 Temporary Interruptible Water Supply Agreements 61,589 61,589 f S.B. 04-225 Well Enforcement 1,489 1,489 g Indirect Cost Assessment 47,028 43,947 h 3,081 20,381,909 a Of these amounts, $538,133 shall be from the Division of Water Resources Ground Water Management Cash Fund established pursuant to Section 37-80-111.5 (1) (d), C.R.S., $359,990 shall be from the Well Inspection Cash Fund established pursuant to Section 37-80-111.5 (1) (d), C.R.S., and $57,947 shall be from various sources of cash. b This amount shall be from the Satellite Monitoring System Cash Fund established pursuant to Section 37-80-111.5 (1) (c), C.R.S. c This amount shall be from the Gravel Pit Lakes Augmentation Fund established pursuant to Section 37-90-137 (11) (f), C.R.S. d These amounts shall be from the Colorado Water Conservation Board Construction Fund established pursuant to Section 37-60-121 (1) (a), C.R.S. e This amount reflects funds anticipated to be received from the United States Bureau of Reclamation and from the Federal Emergency Management Agency, and is shown for informational purposes only. f This amount shall be from the Division of Water Resources Ground Water Management Cash Fund established pursuant to Section 37-80-111.5 (1) (d), C.R.S. g This amount shall be from the Well Enforcement Cash Fund created pursuant to Section 37-90-111.5 (5) (b), C.R.S. h Of this amount, $19,920 shall be from reserves in the Colorado Water Conservation Board Construction Fund established pursuant to Section 37-60-121 (1) (a), C.R.S., and $24,027 shall be from various sources of cash funds. (9) DIVISION OF WILDLIFE (A) Division Operations (1) Director's Office 2,037,530 (18.0 FTE) (2) Wildlife Management 64,531,311 (551.4 FTE) (3) Technical Services 6,536,099 (60.0 FTE) (4) Information Technology 1,580,395 74,685,335 64,371,416 a 10,313,919 a Of this amount, $56,606,416 shall be from the Wildlife Cash Fund established pursuant to Section 33-1-112 (1) (a), C.R.S., $6,200,000 shall be from the Great Outdoors Colorado Board, and is shown for informational purposes only, $900,000 shall be from the Wildlife Management Public Education Fund established pursuant to Section 33-1-112 (3.5) (a), C.R.S., $500,000 shall be from subscription revenues from Colorado Outdoors Magazine, $150,000 shall be from cash grants and donations, and $15,000 shall be from the Federal Aid Projects Income Fund. (B) Special Purpose Wildlife Commission Discretionary Fund 160,000 a Game Damage Claims and Prevention 1,282,500 a Instream Flow Program 296,027 a Habitat Partnership Program 2,500,000 b S.B. 08-226 Aquatic Nuisance Species 1,304,544 c Grants and Habitat Partnerships47 1,625,000 d Asset Maintenance and Repairs48 606,880 a Indirect Cost Assessment 3,597,623 e 11,372,574 10,695,259 677,315 a These amounts shall be from the Wildlife Cash Fund established pursuant to Section 33-1-112 (1) (a), C.R.S. b This amount shall be from the Habitat Partnership Cash Fund created pursuant to Section 33-1-112 (8) (a), C.R.S. c This amount shall be from the Division of Wildlife Aquatic Nuisance Species Fund created in Section 33-10.5-108 (2) (a), C.R.S., is continuously appropriated to the Division of Wildlife, and is shown for informational purposes. d Of this amount, $1,475,000 shall be from the Wildlife Cash Fund established pursuant to Section 33-1-112 (1) (a), C.R.S., and $150,000 shall be from the sale of waterfowl stamps created pursuant to Section 33-4-102.5 (3) (a), C.R.S. e Of this amount, $2,920,308 shall be from the Wildlife Cash Fund established pursuant to Section 33-1-112 (1) (a), C.R.S., and $677,315 is anticipated to be received from federal funds. 86,057,909 TOTALS PART XIV (NATURAL RESOURCES) $224,226,467 $23,806,367 $171,984,578 a $8,554,860 $19,880,662 $224,167,142 $23,813,651 $171,641,169 a $20,157,462 a This amount includes $13,496,029 $13,222,723 from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1), C.R.S. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 42 Department of Natural Resources, Division of Reclamation, Mining, and Safety, Inactive Mines, Mine Site Reclamation -- It is the intent of the General Assembly that these funds shall remain available until completion of the project or the close of FY 2013-14, whichever comes first. At project completion or the end of the three-year period, any unexpended balances shall revert to the Operational Account of the Severance Tax Trust Fund from which they were appropriated. 43 Department of Natural Resources, Division of Reclamation, Mining, and Safety, Inactive Mines, Reclamation of Forfeited Mine Sites -- It is the intent of the General Assembly that the appropriation to this line item shall remain available until the completion of the project or the close of FY 2013-14, whichever comes first. At project completion or the end of the three-year period, any unexpended balances shall revert to the Operational Account of the Severance Tax Trust Fund from which this appropriation was made. 44 Department of Natural Resources, Oil and Gas Conservation Commission, Emergency Response -- It is the intent of the General Assembly that funding for this line item be expended in the event that there is an oil and gas related emergency under the jurisdiction of the Oil and Gas Conservation Commission. The purpose of this funding is for investigation, prevention, monitoring, and mitigation of circumstances which are caused by or are alleged to be associated with oil and gas activities and which call for immediate action by the Oil and Gas Conservation Commission. An emergency creates a threat to public health, safety, or welfare or to the environment as proclaimed by the Oil and Gas Conservation Commission Director and approved by order of the Oil and Gas Conservation Commission. 45 Department of Natural Resources, Oil and Gas Conservation Commission, Special Environmental Protection and Mitigation Studies -- It is the intent of the General Assembly that funding for this line item be used for special environmental protection and mitigation studies including, but not limited to gas seepage mitigation studies, outcrop monitoring studies, soil gas surveys in the vicinity of plugged orphaned wells, and baseline water quality and subsequent follow-up studies. 46 Department of Natural Resources, Parks and Outdoor Recreation, Special Purpose, Off-highway Vehicle Grants -- It is the intent of the General Assembly that the appropriation to this line item remain available until the completion of all funded projects or the close of FY 2013-14, whichever comes first. 47 Department of Natural Resources, Division of Wildlife, Special Purpose, Grants and Habitat Partnerships -- It is the intent of the General Assembly that the appropriation to this line item remain available until the completion of all funded projects or the close of FY 2013-14, whichever comes first. 48 Department of Natural Resources, Division of Wildlife, Special Purpose, Asset Maintenance and Repairs -- It is the intent of the General Assembly that the appropriation to this line item remain available until the completion of all funded projects or the close of FY 2013-14, whichever comes first. 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