Senate Bill 26-030 Introduced

A Bill for an Act

• Page 1, Line 101Concerning a grant program for local governments to

• Page 1, Line 102improve access to state parks.

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://leg.colorado.gov.)

In accordance with the "Keep Colorado Wild Pass Act", a person registering their motor vehicle in Colorado may, at the time of registration, elect to purchase a keep Colorado wild pass as an annual state parks and public lands pass for their motor vehicle. The keep Colorado wild pass provides the person access by car, bike, or foot to any Colorado state park or other participating public land for the duration of the vehicle's registration period. The option to purchase a keep Colorado wild pass is offered at the time of registration of any passenger motor vehicle, light-weight truck, motorcycle, or recreational vehicle. Currently, the cost for a keep Colorado wild pass is $29.

All money collected from the purchase and sale of the keep Colorado wild pass is remitted to the department of revenue, which in turn transmits the money, minus administrative costs, to the state treasurer.

By statute, the first $36 million collected from the keep Colorado wild pass is allocated to the following 3 funds:

• $32.5 million to the parks and outdoor recreation cash fund for state parks maintenance, staffing, and resources;
• $2.5 million to the backcountry search and rescue fund, in furtherance of the goal of supporting Colorado's search and rescue volunteers who respond to backcountry emergencies and who develop educational programs and campaigns to promote backcountry safety; and
• $1 million to the Colorado avalanche information center fund, in furtherance of the goal of protecting winter recreationists by supporting backcountry avalanche safety and awareness.
• One-half of any remaining money is credited to the wildlife cash fund; and
• One-half of any remaining money is credited to the parks and outdoor recreation cash fund, in furtherance of the goals of:
• Building and maintaining new state parks on a regular basis in partnership with local governments, conservationists, recreationists, and other land management agencies; and
• Funding Colorado regional outdoor partnerships to support community-driven conservation and recreation planning and projects.

The amounts allocated to these 3 funds are adjusted annually based on changes to the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers.

After allocating the first $36 million to the 3 funds, as specified above, statute currently directs the state treasurer to credit any remaining money collected from the purchase and sale of the keep Colorado wild pass as follows:

The bill modifies how, after the allocation of the first $36 million, any remaining money collected from the purchase and sale of the keep Colorado wild pass is allocated. The bill creates the state park and state wildlife area access cash fund (fund) for the purpose of supporting local governments in efforts to improve roads and other infrastructure that provide local access to state parks and state wildlife areas accessed from within a local government's boundary (local access). The bill directs the entirety of any remaining money to the fund, instead of dividing and allocating the remaining money between the wildlife cash fund and the parks and outdoor recreation cash fund.

The bill also creates the state park and state wildlife area access grant program (grant program). The bill requires the division of local government (division) in the department of local affairs to administer the grant program and to award grants to local governments that apply for a grant to improve local access. Money in the fund is used to pay the grant awards.

The bill preserves the current allocation of the first $36 million, adjusted annually, to the parks and outdoor recreation cash fund, the backcountry search and rescue fund, and the Colorado avalanche information center fund. The bill also specifies that, if no applications for local access grants are received by the division by December 31, 2029, and by December 31 for each year thereafter, half of the remaining money collected from the purchase and sale of the keep Colorado wild pass is transferred to the wildlife cash fund and half is transferred to the parks and outdoor recreation cash fund in furtherance of specific goals.

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  Short title. The short title of this act is the "State

• Page 3, Line 3Park and State Wildlife Area Access Funding Act".

• Page 3, Line 4SECTION 2.  Legislative declaration. (1)  The general assembly

• Page 3, Line 5finds and declares that:

• Page 3, Line 6(a)  Colorado's great outdoors and wildlife are among the state's

• Page 3, Line 7treasured resources, enriching Coloradans' quality of life;

• Page 3, Line 8(b)  All people should have unhindered access to the unparalleled

• Page 3, Line 9outdoor recreation opportunities offered by Colorado's state parks and

• Page 3, Line 10state wildlife areas, regardless of the mode of transportation used to

• Page 3, Line 11access a state park or state wildlife area;

• Page 3, Line 12(c)  Despite growth in outdoor recreation, many Colorado families

• Page 3, Line 13lack access to the experience, equipment, off-road vehicles, and resources

• Page 4, Line 1necessary to visit our state parks and state wildlife areas;

• Page 4, Line 2(d)  While outdoor recreation brings prosperity to the state and its

• Page 4, Line 3residents through tourism and the collection of sales tax, it also places an

• Page 4, Line 4unfunded mandate on the counties in which state parks and state wildlife

• Page 4, Line 5areas are located;

• Page 4, Line 6(e)  To provide equitable infrastructure access and to reduce

• Page 4, Line 7barriers for those families with limited resources to access outdoor

• Page 4, Line 8recreation, counties need support for constructing and maintaining roads

• Page 4, Line 9that access state parks and state wildlife areas;

• Page 4, Line 10(f)  Numerous factors contribute to the need for the construction

• Page 4, Line 11and maintenance of roads that provide local access to state parks and state

• Page 4, Line 12wildlife areas from within a county's boundaries, including:

• Page 4, Line 13(I)  The current surfaces of roads that provide access to state parks

• Page 4, Line 14and state wildlife areas were not designed or constructed to withstand the

• Page 4, Line 15high volume of traffic using these roads or the heavy weight of trucks,

• Page 4, Line 16campers, towed trailers, and boats;

• Page 4, Line 17(II)  State sales tax is not a source of revenue for counties;

• Page 4, Line 18(III)  Funding for county roads is based on the amount of money

• Page 4, Line 19in the highway users tax fund, established pursuant to section 43-4-201,

• Page 4, Line 20Colorado Revised Statutes;

• Page 4, Line 21(IV)  For many counties in which state parks and state wildlife

• Page 4, Line 22areas are located, the county population is significantly lower than the

• Page 4, Line 23number of visitors who access the state parks and state wildlife areas

• Page 4, Line 24located in the county's boundaries each year; and

• Page 4, Line 25(V)  The remote location of state parks and state wildlife areas

• Page 4, Line 26compounds the challenges and costs associated with constructing and

• Page 4, Line 27maintaining roads and other infrastructure needed for accessing those

• Page 5, Line 1state parks and state wildlife areas;

• Page 5, Line 2(g)  The rapid increase in demand for outdoor recreation is

• Page 5, Line 3challenging the ability of local governments to maintain the roads and

• Page 5, Line 4other infrastructure needed to provide access to all individuals and

• Page 5, Line 5families who want to visit a state park or state wildlife area, regardless of

• Page 5, Line 6the type of vehicle the family can afford;

• Page 5, Line 7(h)  Despite tremendous growth in outdoor recreation, existing

• Page 5, Line 8funding to support the variety of ways Colorado families access our state

• Page 5, Line 9parks and state wildlife areas is insufficient. This leads to increased

• Page 5, Line 10barriers for families and can deter visitors from accessing state parks and

• Page 5, Line 11state wildlife areas.

• Page 5, Line 12(i)  Local governments share the access goals of the state and rely

• Page 5, Line 13on a financial partnership with the state and other partners to help meet

• Page 5, Line 14the demand and ensure that Colorado's state parks and state wildlife areas

• Page 5, Line 15are accessible to all; and

• Page 5, Line 16(j)  A key objective of this "State Park and State Wildlife Area

• Page 5, Line 17Access Funding Act" is to ensure that all state parks and state wildlife

• Page 5, Line 18areas provide welcoming and equitable access to all park pass purchasers

• Page 5, Line 19and to all visitors of state parks and state wildlife areas.

• Page 5, Line 20SECTION 3.  In Colorado Revised Statutes, add 24-32-136 as

• Page 5, Line 21follows:

• Page 5, Line 2224-32-136.  State park and state wildlife area access grant

• Page 5, Line 23program - creation - fund - reporting - definitions - rules - repeal.

• Page 5, Line 24(1)  Definitions.As used in this section, unless the context

• Page 5, Line 25otherwise requires:

• Page 5, Line 26(a)  "Eligible applicant" means a local government that

• Page 5, Line 27applies to the grant program.

• Page 6, Line 1(b)  "Fund" means the state park and state wildlife area

• Page 6, Line 2access cash fund created in subsection (5) of this section.

• Page 6, Line 3(c)  "Grant recipient" means an eligible applicant that the

• Page 6, Line 4division selects to receive money through the grant program.

• Page 6, Line 5(d)  "Local government" means a home rule or statutory

• Page 6, Line 6city, town, city and county, or county.

• Page 6, Line 7(e)  "State park and state wildlife area access grant

• Page 6, Line 8program" or "grant program" means the state park and state

• Page 6, Line 9wildlife area access grant program created in subsection (2) of

• Page 6, Line 10this section.

• Page 6, Line 11(2)  State park and state wildlife area access grant program -

• Page 6, Line 12created - rules.

• Page 6, Line 13(a)  The state park and state wildlife area access grant

• Page 6, Line 14program is created in the division for the purpose of awarding

• Page 6, Line 15grants to eligible applicants to enable local governments to:

• Page 6, Line 16(I)  Construct and maintain roads or other infrastructure

• Page 6, Line 17that provide access to a state park or state wildlife area

• Page 6, Line 18accessed from within the local government's boundary;

• Page 6, Line 19(II)  Improve roads or other infrastructure that provide

• Page 6, Line 20access to a state park or state wildlife area accessed from

• Page 6, Line 21within the local government's boundary to specifically

• Page 6, Line 22withstand the current and projected volume and weight of

• Page 6, Line 23traffic entering and exiting the state park or state wildlife

• Page 6, Line 24area; and

• Page 6, Line 25(III)  Provide equitable access for all visitors to a state

• Page 6, Line 26park or state wildlife area accessed from within the local

• Page 6, Line 27government's boundary, regardless of the type of vehicle or

• Page 7, Line 1method of transportation the visitor may be using to access the

• Page 7, Line 2state park or state wildlife area.

• Page 7, Line 3(b)  The division shall administer the grant program and

• Page 7, Line 4shall award grants as provided in this section. Grants shall be

• Page 7, Line 5paid out of the state park and state wildlife area access cash

• Page 7, Line 6fund created in subsection (5) of this section.

• Page 7, Line 7(c)  The division shall implement the grant program in

• Page 7, Line 8accordance with this section. The division may adopt rules to

• Page 7, Line 9implement the grant program and carry out the purposes of this

• Page 7, Line 10section.

• Page 7, Line 11(3)  State park and state wildlife area access grant program -

• Page 7, Line 12application - criteria - awards.

• Page 7, Line 13(a)  To receive a grant, an eligible applicant must submit

• Page 7, Line 14an application to the division. The division may determine the

• Page 7, Line 15form and manner of an application.

• Page 7, Line 16(b)  The division shall review the applications received

• Page 7, Line 17pursuant to this section.

• Page 7, Line 18(c)  Subject to the money available in the state park and

• Page 7, Line 19state wildlife area access cash fund, the division shall award

• Page 7, Line 20grants as provided in this section. The division shall distribute

• Page 7, Line 21the grant money within sixty days after the division awards a

• Page 7, Line 22grant.

• Page 7, Line 23(4)  Reporting requirements.

• Page 7, Line 24(a)  On or before August 1, 2027, and on or before each

• Page 7, Line 25August 1 thereafter, a local government that receives a grant

• Page 7, Line 26through the grant program shall submit a report to the division

• Page 7, Line 27regarding the information listed in subsection (4)(b) of this

• Page 8, Line 1section.

• Page 8, Line 2(b)  On or before October 1, 2027, and on or before each

• Page 8, Line 3October 1 thereafter, the division shall submit a report to the

• Page 8, Line 4house of representatives transportation, housing, and local

• Page 8, Line 5government committee and the senate local government and

• Page 8, Line 6housing committee, or their successor committees, and the joint

• Page 8, Line 7budget committee. At a minimum, the division's report must

• Page 8, Line 8include the following information regarding each grant

• Page 8, Line 9awarded in the previous twelve months:

• Page 8, Line 10(I)  The amount of the grant awarded;

• Page 8, Line 11(II)  How the grant money was or is intended to be used,

• Page 8, Line 12including a description of the project funded by the grant and

• Page 8, Line 13the project's completion status; and

• Page 8, Line 14(III)  The estimated impact of the project on:

• Page 8, Line 15(A)  Equitable access to the state park or state wildlife

• Page 8, Line 16area accessed from within the local government's boundary;

• Page 8, Line 17(B)  The condition of the roads or other infrastructure

• Page 8, Line 18that provide access to the state park or state wildlife area

• Page 8, Line 19accessed from within the local government's boundary;

• Page 8, Line 20(C)  The volume and weight of traffic entering and exiting

• Page 8, Line 21the state park or state wildlife area, including any impact on or

• Page 8, Line 22change to the type of vehicles or watercraft accessing the

• Page 8, Line 23state park or state wildlife area; and

• Page 8, Line 24(D)  Any other information that the division deems

• Page 8, Line 25necessary and appropriate to report about the grants awarded.

• Page 8, Line 26(c)  Notwithstanding section 24-1-136 (11)(a)(I), the

• Page 8, Line 27reporting requirements set forth in subsection (4)(b) of this

• Page 9, Line 1section continue indefinitely.

• Page 9, Line 2(5)  State park and state wildlife area access cash fund.

• Page 9, Line 3(a)  The state park and state wildlife area access cash

• Page 9, Line 4fund is created in the state treasury. The fund consists of money

• Page 9, Line 5credited to the fund pursuant to section 33-12-108 (4)(e)(II);

• Page 9, Line 6gifts, grants, and donations; and any other money that the

• Page 9, Line 7general assembly may appropriate or transfer to the fund.

• Page 9, Line 8(b)  The state treasurer shall credit all interest and

• Page 9, Line 9income derived from the deposit and investment of money in the

• Page 9, Line 10fund to the fund.

• Page 9, Line 11(c)  Money in the fund is continuously appropriated to the

• Page 9, Line 12division for the purpose of awarding state park and state

• Page 9, Line 13wildlife area access grants pursuant to this section.

• Page 9, Line 14SECTION 4.  In Colorado Revised Statutes, 33-10-111, amend

• Page 9, Line 15(1) as follows:

• Page 9, Line 1633-10-111.  Parks and outdoor recreation cash fund - parks for

• Page 9, Line 17future generations trust fund - creation - fees - accounting

• Page 9, Line 18expenditures for roads and highways - definition.

• Page 9, Line 19(1)  Except as provided in subsection (6) of this section and

• Page 9, Line 20sections 33-10.5-104.5, 33-10.5-105, 33-12-108 (4)(e)(II), 33-14-106,

• Page 9, Line 2133-14.5-106, and 33-15-103, all money derived pursuant to articles 10 to

• Page 9, Line 2215 of this title 33 from division facilities and fees, and all interest earned

• Page 9, Line 23on the money, shall be credited to the parks and outdoor recreation cash

• Page 9, Line 24fund, which is hereby created, together with all money donated,

• Page 9, Line 25transferred, or appropriated from whatever source for the use of the

• Page 9, Line 26division in administering, managing, and supervising the state parks and

• Page 9, Line 27outdoor recreation system and in the financing of impact assistance grants

• Page 10, Line 1pursuant to part 3 of article 25 of title 30. All cash receipts from

• Page 10, Line 2state-owned desert, saline, and internal improvement lands shall be

• Page 10, Line 3credited to the parks and outdoor recreation cash fund.

• Page 10, Line 4SECTION 5.  In Colorado Revised Statutes, 33-12-108, amend

• Page 10, Line 5(4)(e)(I)(C) and (4)(e)(II); and add (4)(e)(III) and (4)(e.5) as follows:

• Page 10, Line 633-12-108.  Keep Colorado wild pass - assess with vehicle

• Page 10, Line 7registration - option to decline to pay - rules - short title - legislative

• Page 10, Line 8declaration - definitions.

• Page 10, Line 9(4) (e)  The state treasurer shall credit the pass fees that the

• Page 10, Line 10executive director of the department of revenue transmits pursuant to

• Page 10, Line 11subsection (4)(d) of this section in each state fiscal year as follows:

• Page 10, Line 12(I)  The first thirty-six million dollars shall be allocated as follows:

• Page 10, Line 13(C)  One million dollars to the Colorado avalanche information

• Page 10, Line 14center fund created in section 24-33-116 (2)(c) in furtherance of the goal

• Page 10, Line 15set forth in subsection (2)(a)(IV)(D) of this section; and

• Page 10, Line 16(II)  After making the allocations under subsection (4)(e)(I) of this

• Page 10, Line 17section, the state treasurer shall credit one-half of any remaining money

• Page 10, Line 18to the wildlife cash fund and one-half of any remaining money to the

• Page 10, Line 19parks and outdoor recreation cash fund in furtherance of the goals set

• Page 10, Line 20forth in subsections (2)(a)(IV)(E) to (2)(a)(IV)(J) of this section any

• Page 10, Line 21remaining money to the state park and state wildlife area

• Page 10, Line 22access cash fund created in section 24-32-136 (5); and

• Page 10, Line 23(III)  After making the allocations under subsection

• Page 10, Line 24(4)(e)(II) of this section, the state treasurer shall credit any

• Page 10, Line 25money remaining in the state park and state wildlife area access

• Page 10, Line 26cash fund in accordance with subsection (4)(e.5) of this section.

• Page 10, Line 27(e.5) (I)  If no applications for grants from the state park

• Page 11, Line 1and state wildlife area access grant program created in section

• Page 11, Line 224-32-136 are received by December 31, 2029, the division of local

• Page 11, Line 3government in the department of local affairs that administers

• Page 11, Line 4the grant program shall notify the state treasurer within sixty

• Page 11, Line 5days after December 31, 2029, that no applications were

• Page 11, Line 6received.

• Page 11, Line 7(II)  On December 31, 2030, and on each December 31

• Page 11, Line 8thereafter, if no applications for grants from the grant

• Page 11, Line 9program are received within that year, the division of local

• Page 11, Line 10government shall notify the state treasurer within sixty days

• Page 11, Line 11after December 31 of that year that no applications were

• Page 11, Line 12received.

• Page 11, Line 13(III)  If the state treasurer receives the notice provided

• Page 11, Line 14pursuant to subsection (4)(e.5)(I) or (4)(e.5)(II) of this section, the

• Page 11, Line 15state treasurer shall, on March 15 of the year after the notice

• Page 11, Line 16is provided, transfer:

• Page 11, Line 17(A)  One-half of the money remaining in the state park and

• Page 11, Line 18state wildlife area access cash fund to the wildlife cash fund;

• Page 11, Line 19and

• Page 11, Line 20(B)  One-half of the money remaining in the state park and

• Page 11, Line 21state wildlife area access cash fund to the parks and outdoor

• Page 11, Line 22recreation cash fund, in furtherance of the goals set forth in

• Page 11, Line 23subsections (2)(a)(IV)(E) to (2)(a)(IV)(J) of this section.

• Page 11, Line 24SECTION 6.  Act subject to petition - effective date. This act

• Page 11, Line 25takes effect at 12:01 a.m. on the day following the expiration of the

• Page 11, Line 26ninety-day period after final adjournment of the general assembly (August

• Page 11, Line 2712, 2026, if adjournment sine die is on May 13, 2026); except that, if a

• Page 12, Line 1referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 12, Line 2state constitution against this act or an item, section, or part of this act

• Page 12, Line 3within such period, then the act, item, section, or part will not take effect

• Page 12, Line 4unless approved by the people at the general election to be held in

• Page 12, Line 5November 2026 and, in such case, will take effect on the date of the

• Page 12, Line 6official declaration of the vote thereon by the governor.