NOTE: This bill has been prepared for the signatures 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 13-098 BY SENATOR(S) Steadman, Hodge, Lambert; also REPRESENTATIVE(S) Levy, Duran, Gerou, Fields, Ginal, Hamner, Labuda, Mitsch Bush, Pettersen, Rosenthal, Schafer, Young. 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, 2012. In Session Laws of Colorado 2012, section 2 of chapter 305, (HB 12-1335), amend Part XIV as follows: Section 2. Appropriation. PART XIV DEPARTMENT OF NATURAL RESOURCES (1) EXECUTIVE DIRECTOR'S OFFICE Personal Services 3,724,837 3,724,837 a (41.8 FTE) Health, Life, and Dental 10,007,209 963,577 6,215,329 b 1,069,178 a 1,759,125 (I) Short-term Disability 155,493 26,141 102,043 b 5,494 a 21,815 (I) S.B. 04-257 Amortization Equalization Disbursement 3,185,576 473,384 2,157,966 b 102,945 a 451,281 (I) S.B. 06-235 Supplemental Amortization Equalization Disbursement 2,735,659 404,868 1,854,503 b 88,469 a 387,819 (I) Shift Differential 31,242 31,242 b Workers' Compensation 1,607,888 62,350 1,497,832 b 8,348 a 39,358 (I) Operating Expenses 1,250,438 1,060,977 b 184,124 a 5,337 (I) Legal Services for 45,410 hours 3,507,923 850,052 2,565,896 b 40,324 a 51,651 (I) Purchase of Services from Computer Center 5,220,852 394,170 3,573,812 b 1,042,475 a 210,395 (I) 5,222,353 318,313 3,651,170 b Multiuse Network Payments 2,274,071 334,341 1,607,007 b 313,778 a 18,945 (I) Management and Administration of OIT 290,806 41,187 182,263 b 62,038 a 5,318 (I) Payment to Risk Management and Property Funds 789,421 63,094 707,268 b 10,986 a 8,073 (I) 949,810 91,214 830,795 b 15,872 a 11,929 (I) Vehicle Lease Payments 3,103,483 331,892 2,720,167 b 51,424 (I) Information Technology Asset Maintenance 266,989 31,628 144,823 b 90,538 a Leased Space 1,345,882 531,230 784,539 b 30,113 (I) Capitol Complex Leased Space 865,372 216,033 373,616 b 169,701 a 106,022 (I) Integrated Resource Services 250,000 250,000 a Communication Services Payments 1,039,294 1,039,294 b COFRS Modernization 1,390,968 134,326 1,148,689 b 68,112 a 39,841 (I) 43,043,403 43,205,293 a Of these amounts, $5,610,384 $5,615,270 shall be from departmental indirect cost recoveries, $1,301,170 shall be from statewide indirect cost recoveries, $69,793 shall be from the Department of Transportation and other state agencies, and $250,000 shall be from various sources. b Of these amounts, $26,446,186 $26,641,071 shall be from various sources of cash funds and $1,321,080 $1,327,080 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 2,126,557 449,087 a 1,677,470 (I)b (22.0 FTE) Indirect Cost Assessment 134,192 28,181 a 106,011 (I)b 2,260,749 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. (B) Inactive Mines Program Costs 1,636,925 (16.4 FTE) Mine Site Reclamation41 409,993 (1.2 FTE) Reclamation of Forfeited Mine Sites42 171,000 Abandoned Mine Safety 99,850 (0.2 FTE) Indirect Cost Assessment 133,696 2,451,464 1,184,723 a 30,000 b 1,236,741 (I) a Of this amount, $665,476 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 2,157,524 (24.1 FTE) Indirect Cost Assessment 127,188 2,284,712 2,284,712 a a Of this amount, $1,242,982 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 $1,041,730 shall be from the Mined Land Reclamation Fund created in 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 (I) (4.0 FTE) Blaster Certification Program 108,353 22,606 b 85,747 (I) (1.0 FTE) Indirect Cost Assessment 24,419 16,682 b 7,737 (I) 645,817 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. 7,667,742 (3) GEOLOGICAL SURVEY Environmental Geology and Geological Hazards Program 2,511,978 1,464,341 a 448,881 b 598,756 (I) (16.2 FTE) Mineral Resources and Mapping 1,440,260 1,117,949 c 322,311 (I) (9.5 FTE) Colorado Avalanche Information Center 708,770 280,750 d 409,833 e 18,187 (I) (8.4 FTE) Indirect Cost Assessment 144,421 127,706 f 16,715 (I) 4,805,429 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 pursuant to 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 created in Section 33-14-106, C.R.S. e This amount shall be from the Construction, Maintenance, and Operations line item in 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 6,468,382 6,468,382 a (74.0 FTE) Underground Injection Program 96,559 96,559 (I) (2.0 FTE) Plugging and Reclaiming Abandoned Wells 445,000 445,000 b Environmental Assistance and Complaint Resolution 312,033 312,033 b Emergency Response43 1,000,000 1,000,000 b Special Environmental Protection and Mitigation Studies44 325,000 325,000 b Indirect Cost Assessment 398,528 393,108 b 5,420 (I) 9,045,502 a Of this amount, $3,256,350 shall be from the Oil and Gas Conservation and Environmental Response Fund created in Section 34-60-122 (5), C.R.S., and $3,212,032 shall be from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1) (a), C.R.S. b These amounts shall be from the Oil and Gas Conservation and Environmental Response Fund established created in Section 34-60-122 (5), C.R.S. (5) STATE BOARD OF LAND COMMISSIONERS Program Costs 3,796,994 (37.0 FTE) Public Access Program Damage and Enhancement Costs 225,000 Asset Management System Upgrade 750,000 Indirect Cost Assessment 202,527 4,974,521 4,749,521 a 225,000 b a Of this amount, $4,674,521 shall be from the State Land Board Trust Administration Fund created in 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 in Section 36-1-148 (1), C.R.S. b This amount shall be from the Wildlife Management line item for the Division of Wildlife in the Department of Natural Resources. (6) DIVISION OF PARKS AND WILDLIFE (A) Parks and Outdoor Recreation (1) State Park Operations 27,843,829 27,405,121 a 438,708 (I)b 27,766,471 27,327,763 a (266.3 FTE) (265.3 FTE) a Of this amount, $18,440,463 $18,363,105 shall be from the Parks and Outdoor Recreation Cash Fund established pursuant to Section 33-10-111 (1), C.R.S., $4,335,000 (I) shall be from Great Outdoors Colorado Program established in Article XXVII, Section 1 of the State Constitution, and is shown for informational purposes only, $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 (I) shall be from Lottery proceeds pursuant to Section 3 of Article XXVII of the State Constitution, 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. (2) 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 Grants45 4,000,000 4,000,000 c Federal Grants 750,000 750,000 (I)d S.B. 03-290 Enterprise Fund 200,000 200,000 e Information Technology 1,301,500 1,301,500 (I)f Natural Resource Protection 600,000 150,000 (I)g 450,000 (I)h Miscellaneous Small Projects 2,000,000 2,000,000 (I)f Trails Grants 2,200,000 1,800,000 (I)i 400,000 (I)j S.B. 08-226 Aquatic Nuisance Species 2,684,673 2,684,673 (I)k (7.0 FTE) Indirect Cost Assessment 1,630,331 1,585,363 l 44,968 (I)m 17,042,895 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's Boat Safety Program. 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 pursuant to Section 3 of Article XXVII of the State Constitution, and are shown for informational purposes only. g This amount shall be from the Great Outdoors Colorado Program 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's Predisaster Mitigation Program. i Of this amount, $1,650,000 shall be from the Great Outdoors Colorado Program established in Section 1 of Article XXVII of the State Constitution, and is shown for informational purposes only, and $150,000 shall be from lottery proceeds pursuant to Section 3 of Article XXVII of the State Constitution, and is shown for informational purposes only. j This amount reflects anticipated funds from the United States Department of the Interior National Park Service Land and Water Conservation Fund State Assistance Program. 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., and is continuously appropriated. l Of this amount, $1,332,312 shall be from the Parks and Outdoor Recreation Cash Fund established pursuant to Section 33-10-111 (1), C.R.S., and $253,051 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 indirect cost recoveries on various federal grants. (B) Wildlife (1) Division Operations Director's Office 2,037,530 (18.0 FTE) Wildlife Management 64,251,096 (553.4 FTE) Technical Services 6,488,352 (60.0 FTE) Information Technology 1,580,395 74,357,373 64,146,818 a 10,210,555 (I)b a Of this amount, $55,781,818 shall be from the Wildlife Cash Fund established pursuant to Section 33-1-112 (1) (a), C.R.S., $6,200,000 (I) shall be from the Great Outdoors Colorado Program established in Section 1 of Article XXVII of the State Constitution, and is shown for informational purposes only, $1,100,000 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, $400,000 shall be from the Nongame and Endangered Wildlife Cash Fund created in Section 39-22-703 (1), C.R.S., $150,000 shall be from cash grants and donations, and $15,000 shall be from the Federal Aid Projects Income Fund. b This amount shall be from various sources of federal funds, including Pittman-Robinson Wildlife Restoration funds, Dingell-Johnson Sport Fish Restoration funds, United States Department of Interior Fish and Wildlife Service, United States Fish and Wildlife Service State Wildlife Grants, and Cooperative Endangered Species Conservation funds. (2) Special Purpose Wildlife Commission Discretionary Fund 160,000 160,000 a Game Damage Claims and Prevention 1,282,500 1,282,500 a Instream Flow Program 296,027 296,027 a Habitat Partnership Program 2,500,000 2,500,000 (I)b S.B. 08-226 Aquatic Nuisance Species 1,304,544 1,304,544 (I)c Grants and Habitat Partnerships46 1,625,000 1,625,000 d Asset Maintenance and Repairs47 606,880 606,880 a Indirect Cost Assessment 3,556,991 2,970,528 a 586,463 (I) 11,331,942 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. The moneys in the Habitat Partnership Cash Fund are continuously appropriated pursuant to Section 33-1-112 (8) (e) (II), 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., and is continuously appropriated to the Division of Wildlife. 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. 130,576,039 130,498,681 (7) COLORADO WATER CONSERVATION BOARD (A) Administration Personal Services 2,886,953 (30.0 FTE) Operating Expenses 472,761 River Decision Support Systems 456,784 (4.0 FTE) 3,816,498 3,524,911 a 291,587 b a Of this amount, $3,481,161 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 (I)b (2.0 FTE) Weather Modification 25,000 25,000 c Water Conservation Program 285,166 285,166 a (4.0 FTE) Water Efficiency Grant Program 598,788 598,788 d (1.0 FTE) Severance Tax Fund 1,275,500 1,275,500 e Interbasin Compacts 1,141,167 1,141,167 f (3.7 FTE) Platte River Basin Cooperative Agreement 231,534 231,534 g (1.0 FTE) S.B. 02-87 Colorado Watershed Protection Fund 119,942 119,942 h Indirect Cost Assessment 529,663 514,757 a 14,906 (I)b 4,821,152 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 These amounts shall be from the Federal Emergency Management Agency's Map Modernization Program and Community Assistance. c This amount shall be from weather modification permit fees pursuant to Section 36-20-113 (1), C.R.S. d 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. e 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. f Of this amount, $741,167 (I) 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. g This amount shall be from the Fish and Wildlife Resources Fund established pursuant to Section 37-60-121 (6), C.R.S. h This amount shall be from the Colorado Healthy Rivers Fund established pursuant to Section 39-22-2403 (1) C.R.S. 8,637,650 (8) WATER RESOURCES DIVISION Personal Services 17,488,503 16,975,193 513,310 a 17,564,360 17,051,050 (242.1 FTE) (243.1 FTE) Operating Expenses 1,530,824 1,091,316 439,508 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 167,260 167,260 (I)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 29,598 25,120 h 4,478 (I)i 20,372,118 20,447,975 a Of these amounts, $536,221 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., $358,873 shall be from the Well Inspection Cash Fund established pursuant to Section 37-80-111.5 (1) (d), C.R.S., and $57,724 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 Federal Emergency Management Agency's National Dam Safety Program. 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, $10,109 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 $15,011 shall be from various sources of cash funds. i This amount reflects anticipated funds from indirect cost recoveries on various federal funds. TOTALS PART XIV (NATURAL RESOURCES) $229,122,404 $23,512,116 $176,229,214 a $8,636,648 $20,744,426 b $229,282,793 $23,540,236 $176,352,741 a $8,641,534 $20,748,282 b a Of this amount, $24,876,190 contains an (I) notation, and $13,346,292 $13,352,292 is from the Operational Account of the Severance Tax Trust Fund pursuant to Section 39-29-109.3 (1), C.R.S. b This amount contains an (I) notation. FOOTNOTES -- The following statements are referenced to the numbered footnotes throughout section 2. 41 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 2014-15, 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. 42 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 remain available until the completion of the project or the close of FY 2014-15, 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. 43 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. 44 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. 45 Department of Natural Resources, Division of Parks and Wildlife, 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 the project or the close of FY 2014-15, whichever comes first. 46 Department of Natural Resources, Division of Parks and Wildlife, 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 the project or the close of FY 2014-15, whichever comes first. 47 Department of Natural Resources, Division of Parks and Wildlife, 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 the project or the close of FY 2014-15, 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. ____________________________ ____________________________ John P. Morse Mark Ferrandino PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Cindi L. Markwell Marilyn Eddins SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ _________________________________________ John W. Hickenlooper GOVERNOR OF THE STATE OF COLORADO