A Bill for an Act
Page 1, Line 101Concerning support to increase prescribed burns, and, in
Page 1, Line 102connection therewith, making an appropriation.
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/.)
Wildfire Matters Review Committee.Section 1 of the bill creates the prescribed fire claims cash fund (fund) in the state treasury and requires the treasurer to transfer $1 million to the fund. The division of fire prevention and control (division) shall expend money from the fund to pay claims that are certified by the division in accordance with new guidelines as specified in the bill and as adopted by the director of the division. The division shall authorize a payment in the amount certified in a claim; except that the maximum payment that the division may authorize is equal to 10% of the amount of money in the fund at the time the claim is filed.
The division shall certify a claim that meets the following guidelines:
- The claim demonstrates, in sufficient detail, the costs or damages that resulted from the prescribed burn;
- The prescribed burn that resulted in the costs or damages was conducted in full compliance with statutory and regulatory requirements for prescribed burning;
- Before conducting the prescribed burn, the certified prescribed burn manager registered the written prescription plan for the prescribed burn with the division and paid an administrative fee; and
- No more than 60 days have passed between the completion of the prescribed burn and the date upon which costs and damages were incurred.
- Applying for certification to the division, according to the rules and standards of the division, including the payment of any associated fee; and
- Submitting evidence to the division, according to the rules and standards of the division, that the individual holds a valid certification from a state government or other entity.
The bill gives rule-making authority to the director of the division to adopt rules and guidelines for the implementation and administration of the program and permits the division to contract with a third-party to administer, certify, and pay the claims. The bill also requires a claimant who accepts a payment that covers the full amount certified in the claim to waive all future claims related to the prescribed burn.
Sections 2 and 3 expand the definition of a "certified burner" in the state to include an individual who has not completed the Colorado division's training and certification program but who meets reciprocity requirements and possesses a valid Colorado certification number. An individual seeking certification through reciprocity may receive a certification number from the division by:
The director of the division, in consultation with the Colorado state forest service, is required to adopt rules and standards pertaining to the qualification for and the terms and durations of certification, including through reciprocity.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 24-33.5-1240 as follows:
Page 3, Line 124-33.5-1240. Prescribed fire claims cash fund - rules -
Page 3, Line 2definitions. (1) As used in this section, unless the context otherwise requires:
Page 3, Line 3(a) "Certified prescribed burn manager" means a certified
Page 3, Line 4burner who is required by section 24-33.5-1217 (3)(a) to attend a
Page 3, Line 5prescribed burn or a person qualified by national wildfire
Page 3, Line 6coordinating group standards as a prescribed burn boss at the
Page 3, Line 7level commensurate with the complexity of the burn who is
Page 3, Line 8required by section 24-33.5-1217.5 (1)(c) to be present on the site of a prescribed burn.
Page 3, Line 9(b) "Fund" means the prescribed fire claims cash fund created in subsection (2) of this section.
Page 3, Line 10(2) (a) The prescribed fire claims cash fund is created in
Page 3, Line 11the state treasury. The fund consists of any gifts, grants, and
Page 3, Line 12donations that may be received for crediting to the fund, and
Page 3, Line 13any other money that the general assembly may appropriate or
Page 3, Line 14transfer to the fund. The state treasurer shall credit all
Page 3, Line 15interest and income derived from the deposit and investment of
Page 3, Line 16money in the fund to the fund.The division may seek, accept, and
Page 3, Line 17expend gifts, grants, or donations from private or public sources to implement this section.
Page 3, Line 18(b) On July 1, 2025, the state treasurer shall transfer two
Page 3, Line 19hundred fifty thousand dollars from the general fund to the fund.
Page 3, Line 21(c) Subject to annual appropriation by the general
Page 4, Line 1assembly, the division shall expend money from the fund in accordance with the following guidelines:
Page 4, Line 2(I) The division shall authorize a payment from the fund
Page 4, Line 3to a claimant who submits a claim that the division has certified in accordance with subsection (3) of this section;
Page 4, Line 4(II) The division shall authorize a payment in the amount
Page 4, Line 5certified in the claim; except that the maximum payment that the
Page 4, Line 6division may authorize for a certified claim arising from any
Page 4, Line 7singular prescribed burn is equal to the greater of twenty
Page 4, Line 8thousand dollars or ten percent of the amount of money in the fund at the time the claim is filed; and
Page 4, Line 9(III) The division shall make every effort to authorize a
Page 4, Line 10payment in the amount certified in the claim before any other
Page 4, Line 11claim related to the same prescribed burn is processed by another insurer.
Page 4, Line 12(3) Subject to annual appropriation by the general
Page 4, Line 13assembly of money for the division to administer the fund, the
Page 4, Line 14division shall certify a claim related to a prescribed burn that meets all the following requirements:
Page 4, Line 15(a) The claim demonstrates, in sufficient detail, the costs
Page 4, Line 16associated with suppression and any other costs or damages that resulted from a prescribed burn;
Page 4, Line 17(b) The prescribed burn that resulted in the claim was
Page 4, Line 18conducted in full compliance with sections 24-33.5-1217 and
Page 4, Line 1924-33.5-1217.5 and with all other rules and standards adopted by the director in accordance with those sections.
Page 4, Line 20(c) (I) Before conducting the prescribed burn, the
Page 5, Line 1certified prescribed burn manager registered the written
Page 5, Line 2prescription plan required by section 24-33.5-1217.5 (1)(a) with
Page 5, Line 3the division and paid an administrative fee of one hundred
Page 5, Line 4dollars or a greater amount as established by the division pursuant to subsection (3)(c)(II) of this section to the division.
Page 5, Line 5(II) The division may increase the amount of the
Page 5, Line 6administrative fee set forth in subsection (3)(c)(I) of this section
Page 5, Line 7based on the complexity and unique characteristics of a
Page 5, Line 8prescribed burn. The director may adopt rules or guidelines to set the amount of the fee.
Page 5, Line 9(d) No more than sixty days have passed between the date
Page 5, Line 10upon which the prescribed burn was completed, as determined by
Page 5, Line 11the certified prescribed burn manager, and the date upon which
Page 5, Line 12the resulting costs and damages specified in the claim were
Page 5, Line 13incurred; except that the director may adopt rules and
Page 5, Line 14guidelines related to holdover fires and other unique fire characteristics.
Page 5, Line 15(4) In administering and implementing this section, the director:
Page 5, Line 16(a) Shall collaborate with cultural fire practitioners,
Page 5, Line 17certified prescribed burn managers, The Colorado Prescribed
Page 5, Line 18Fire Council, and other relevant state agencies and fire practitioners;
Page 5, Line 19(b) May adopt rules and guidelines for the administration and implementation of this section; and
Page 5, Line 20(c) Shall post any rules or guidelines adopted pursuant to
Page 5, Line 21subsection (4)(b) of this section on the division's publicly accessible website.
Page 6, Line 1(5) Upon accepting a payment authorized by the division
Page 6, Line 2that covers the full amount of costs and damages certified in
Page 6, Line 3the claim, a claimant shall waive all future claims related to
Page 6, Line 4the prescribed burn against the certified prescribed burn
Page 6, Line 5manager that conducted the burn; any organization, entity, or
Page 6, Line 6individual with whom the certified prescribed burn manager
Page 6, Line 7worked to conduct the burn; any individual or entity that
Page 6, Line 8provided funding for the burn; and any landowner on whose
Page 6, Line 9behalf the burn was conducted. Nothing in this section prevents a claimant from:
Page 6, Line 10(a) Submitting an insurance claim related to costs or
Page 6, Line 11damages that resulted from a burn that was not certified pursuant to subsection (3) of this section; or
Page 6, Line 12(b) Bringing a claim related to costs or damages against
Page 6, Line 13a party that is not listed in this subsection (5), as long as the
Page 6, Line 14claim does not result in recovery of costs and damages that are recovered pursuant to this section.
Page 6, Line 15(6) The division may contract with a third-party to administer, certify, and pay the claims.
Page 6, Line 16SECTION 2. In Colorado Revised Statutes, 24-33.5-1202, amend (2.3) as follows:
Page 6, Line 1724-33.5-1202. Definitions. As used in this part 12, unless the context otherwise requires:
Page 6, Line 18(2.3) "Certified burner" means an individual who either
Page 6, Line 19successfully completes the division's certified burner training and
Page 6, Line 20certification program or meets the requirements for reciprocity
Page 7, Line 1described in section 24-33.5-1217 (2.5) and who possesses a valid certification number.
Page 7, Line 2SECTION 3. In Colorado Revised Statutes, 24-33.5-1217,
Page 7, Line 3amend (2) introductory portion, (2)(b), (2)(e), (2)(f), (5)(a) introductory portion, (5)(a)(II)(A), and (10); and add (2)(g) and (2.5) as follows:
Page 7, Line 424-33.5-1217. Prescribed burning program - training and
Page 7, Line 5certification of certified burners - rules - fees. (2) The training and certification standards adopted under this section
shallPage 7, Line 6(b) Establish requirements for certified burners to conduct lawful
Page 7, Line 7activities pursuant to authorization under section 18-13-109 (2)(b)(IV),
C.R.S.,Page 7, Line 8(e) Establish training standards for certified burners and utilize all
Page 7, Line 9means available to make the certified burner training as accessible as possible;
andPage 7, Line 10(f) Clearly identify preexisting fees, permit requirements,
Page 7, Line 11liabilities, liability exemptions, and penalties for prescribed burn
Page 7, Line 12personnel and landowners, including those specified in sections 25-7-106 (7) and (8) and 25-7-123;
C.R.S.Page 7, Line 13(g) Allow for an individual who meets the reciprocity
Page 7, Line 14requirements described in subsection (2.5) of this section to apply for and receive a state certification number.
Page 7, Line 15(2.5) (a) An individual who meets the reciprocity
Page 7, Line 16requirements described in this subsection (2.5) may qualify for certification as a certified burner.
Page 7, Line 17(b) To receive a valid certification number from the division, the individual must:
Page 7, Line 18(I) Apply for certification to the division, according to
Page 8, Line 1the rules and standards of the division, including the payment of any associated fee; and
Page 8, Line 2(II) Submit evidence to the division, according to the rules
Page 8, Line 3and standards of the division, that the individual holds a valid certification from a state government or other entity.
Page 8, Line 4(5) (a) The director, in consultation with the Colorado state forest
Page 8, Line 5service described in part 3 of article 31 of title 23
C.R.S.,titlePage 8, Line 6(II) Shall adopt rules and standards:
Page 8, Line 7(A) Pertaining to the training and certification of certified burners,
Page 8, Line 8including training components; application processes; qualification for
Page 8, Line 9and terms and durations of certification, including through
Page 8, Line 10reciprocity; types of certification, if applicable; grounds and processes
Page 8, Line 11for renewal, suspension, and revocation of certifications; and training, certification, and renewal fees; and
Page 8, Line 12(10) Notwithstanding any other provision of law:
Page 8, Line 13(a) In performing the duties assigned to
him or herPage 8, Line 14under subsections (5) and (6) of this section, the director shall consult
Page 8, Line 15with the Colorado state forest service as described in part 3 of article 31 of title 23.
C.R.S.Page 8, Line 16(b) The prescribed burning standards adopted by the director
Page 8, Line 17pursuant to
sub-subparagraph (B) of subparagraph (II) of paragraph (a)Page 8, Line 18
of subsection (5)shallPage 8, Line 19consistent with existing laws and processes that ban, regulate, or have
Page 8, Line 20developed recommendations concerning open burning, including sections
Page 8, Line 2118-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III),
Page 8, Line 2225-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124.
C.R.S.Page 9, Line 1(c) Nothing in this section or section 24-33.5-1217.5 or
Page 9, Line 224-33.5-1217.7
shall be construed to affectPage 9, Line 3county government to develop or administer an open burning permit
Page 9, Line 4system for the purpose of safely disposing of slash in accordance with the provisions of section 30-15-401 (1)(n.5).
C.R.S.Page 9, Line 5SECTION 4. In Colorado Revised Statutes, 40-41-102, amend (7)(a)(III); and add (7)(a)(IV) as follows:
Page 9, Line 640-41-102. Definitions. As used in this article 41, unless the context otherwise requires:
Page 9, Line 7(7) (a) "CO-EI costs" means:
Page 9, Line 8(III) Pretax costs that an electric utility has previously incurred
Page 9, Line 9related to the commission-approved closure of an electric generating facility occurring before May 30, 2019; and
Page 9, Line 10(IV) As approved by the commission, any of the pretax
Page 9, Line 11costs associated with the implementation of an approved
Page 9, Line 12program or project to mitigate the effects of extreme weather,
Page 9, Line 13wildfires, climate change, or other hazards, including but not
Page 9, Line 14limited to the costs associated with an electric utility's wildfire mitigation plan that has been approved by the commission.
Page 9, Line 15SECTION 5. Appropriation. For the 2025-26 state fiscal year,
Page 9, Line 16$403,025 is appropriated to the department of public safety. This
Page 9, Line 17appropriation consists of $153,025 from the general fund and $250,000
Page 9, Line 18from the prescribed fire claims cash fund created in section 24-33.5-1240
Page 9, Line 19(2)(a), C.R.S. To implement this act, the department may use this appropriation as follows:
Page 9, Line 20(a) $13,049 from the general fund for use by the executive
Page 9, Line 21director's office for personal services related to administration, which
Page 10, Line 1amount is based on an assumption that the office will require an additional 0.2 FTE;
Page 10, Line 2(b) $256 from the general fund for use by the executive director's office for operating expenses related to administration;
Page 10, Line 3(c) $14,400 from the general fund for use by the executive director's office for vehicle lease payments;
Page 10, Line 4(d) $125,320 from the general fund for use by the division of fire
Page 10, Line 5prevention and control for wildland fire management services, which
Page 10, Line 6amount is based on an assumption that the division will require an additional 1.0 FTE; and
Page 10, Line 7(e) $250,000 from the prescribed fire claims cash fund for use by the division of fire prevention and control for prescribed fire claims.
Page 10, Line 8SECTION 6. Safety clause. The general assembly finds,
Page 10, Line 9determines, and declares that this act is necessary for the immediate
Page 10, Line 10preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 11the support and maintenance of the departments of the state and state institutions.