NOTE: The governor signed this measure on 3/29/2013.
      
      
      SENATE BILL 13-113
      
      
      BY SENATOR(S) Hodge, Steadman, Lambert;
      also REPRESENTATIVE(S) Levy, Duran, Gerou, Fields, Labuda,
      Mitsch Bush, Vigil.
      
      
      Concerning the natural resource damage recovery fund.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 25-16-104.7, amend
      (1), (4) (b), and (4) (c); and add (4) (b.5) as follows:
      
           25-16-104.7.  Natural resource damage recoveries - fund created
      - repeal. (1)  Except as provided in subsection (3) of this section, any
      moneys recovered through litigation by the state acting as trustee of natural
      resources pursuant to the federal act, and any interest derived therefrom,
      shall be are credited to the natural resource damage recovery fund, which
      fund is hereby created. Moneys in the fund shall be subject to annual
      appropriation by the general assembly and shall be used only The
      department may expend the custodial moneys in the fund without
      further appropriation for purposes authorized by the federal act,
      including the restoration, replacement, or acquisition of the equivalent of
      natural resources that have been injured, destroyed, or lost as a result of a
      release of a hazardous substance. In addition, the appropriation and
      department shall use of the moneys in the natural resource damage
      recovery fund shall be in a manner that is consistent with any judicial
      order, decree, or judgment governing the use of any particular recovery
      credited to the fund.
      
           (4) (b)  The state treasurer shall continue to make the transfer
      specified in subparagraph (I) of paragraph (a) of this subsection (4) until the
      total amount transferred to the hazardous substance response fund and
      credited to the fund pursuant to paragraph (b.5) of this subsection
      (4) equals one million six hundred fifty-seven thousand five hundred
      seventy-seven dollars, at which time the state treasurer shall cease the
      transfers. The state treasurer shall continue to make the transfer specified
      in subparagraph (II) of paragraph (a) of this subsection (4) until the total
      amount transferred to the general fund and credited to the general
      fund pursuant to paragraph (b.5) of this subsection (4) reaches one
      million four thousand eight hundred seventy-three dollars, at which time the
      state treasurer shall cease the transfers.
      
           (b.5)  The department may accept moneys from public or
      private sources for the purpose of repaying the loans to the
      natural resource damage recovery fund from the hazardous
      substance response fund created in section 25-16-104.6 or the
      general fund. The department shall transmit these moneys to the
      state treasurer, who shall credit the moneys to the appropriate
      fund. This paragraph (b.5) is exempt from the provisions of part 13
      of article 75 of title 24, C.R.S.
      
           (c)  This subsection (4) is repealed, effective July 1, 2017 July 1,
      2020.
      
           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