A Bill for an Act
Page 1, Line 101Concerning support to increase prescribed burns.
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
Page 2, Line 3follows:
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 19(b) Subject to annual appropriation by the general
Page 3, Line 20assembly, the division shall expend money from the fund in accordance with the following guidelines:
Page 3, Line 21(I) The division shall authorize a payment from the fund
Page 3, Line 22to a claimant who submits a claim that the division has certified in accordance with subsection (3) of this section;
Page 4, Line 1(II) The division shall authorize a payment in the amount
Page 4, Line 2certified in the claim; except that the maximum payment that the
Page 4, Line 3division may authorize for a certified claim arising from any
Page 4, Line 4singular prescribed burn is equal to ten percent of the amount of money in the fund at the time the claim is filed; and
Page 4, Line 5(III) The division shall make every effort to authorize a
Page 4, Line 6payment in the amount certified in the claim before any other
Page 4, Line 7claim related to the same prescribed burn is processed by another insurer.
Page 4, Line 8(3) Subject to annual appropriation by the general
Page 4, Line 9assembly of sufficient money for the division to administer the
Page 4, Line 10fund, the division shall certify a claim related to a prescribed burn that meets all the following requirements:
Page 4, Line 11(a) The claim demonstrates, in sufficient detail, the costs
Page 4, Line 12associated with suppression and any other costs or damages that resulted from a prescribed burn;
Page 4, Line 13(b) The prescribed burn that resulted in the claim was
Page 4, Line 14conducted in full compliance with sections 24-33.5-1217 and
Page 4, Line 1524-33.5-1217.5 and with all other rules and standards adopted by the director in accordance with those sections.
Page 4, Line 16(c) (I) Before conducting the prescribed burn, the
Page 4, Line 17certified prescribed burn manager registered the written
Page 4, Line 18prescription plan required by section 24-33.5-1217.5 (1)(a) with
Page 4, Line 19the division and paid an administrative fee of one hundred
Page 4, Line 20dollars or a greater amount as established by the division
Page 4, Line 21pursuant to subsection (3)(c)(II) of this section to the division.
Page 5, Line 1(II) The division may increase the amount of the
Page 5, Line 2administrative fee set forth in subsection (3)(c)(I) of this section
Page 5, Line 3based on the complexity and unique characteristics of a
Page 5, Line 4prescribed burn. The director may adopt rules or guidelines to set the amount of the fee.
Page 5, Line 5(d) No more than sixty days have passed between the date
Page 5, Line 6upon which the prescribed burn was completed, as determined by
Page 5, Line 7the certified prescribed burn manager, and the date upon which
Page 5, Line 8the resulting costs and damages specified in the claim were
Page 5, Line 9incurred; except that the director may adopt rules and
Page 5, Line 10guidelines related to holdover fires and other unique fire characteristics.
Page 5, Line 11(4) In administering and implementing this section, the director:
Page 5, Line 12(a) Shall collaborate with cultural fire practitioners,
Page 5, Line 13certified prescribed burn managers, The Colorado Prescribed
Page 5, Line 14Fire Council, and other relevant state agencies and fire practitioners;
Page 5, Line 15(b) May adopt rules and guidelines for the administration and implementation of this section; and
Page 5, Line 16(c) Shall post any rules or guidelines adopted pursuant to
Page 5, Line 17subsection (4)(b) of this section on the division's publicly accessible website.
Page 5, Line 18(5) Upon accepting a payment authorized by the division
Page 5, Line 19that covers the full amount of costs and damages certified in
Page 5, Line 20the claim, a claimant shall waive all future claims related to
Page 5, Line 21the prescribed burn against the certified prescribed burn
Page 6, Line 1manager that conducted the burn; any organization, entity, or
Page 6, Line 2individual with whom the certified prescribed burn manager
Page 6, Line 3worked to conduct the burn; any individual or entity that
Page 6, Line 4provided funding for the burn; and any landowner on whose
Page 6, Line 5behalf the burn was conducted. Nothing in this section prevents a claimant from:
Page 6, Line 6(a) Submitting an insurance claim related to costs or
Page 6, Line 7damages that resulted from a burn that was not certified pursuant to subsection (3) of this section; or
Page 6, Line 8(b) Bringing a claim related to costs or damages against
Page 6, Line 9a party that is not listed in this subsection (5), as long as the
Page 6, Line 10claim does not result in recovery of costs and damages that are recovered pursuant to this section.
Page 6, Line 11(6) The division may contract with a third-party to administer, certify, and pay the claims.
Page 6, Line 12SECTION 2. In Colorado Revised Statutes, 24-33.5-1202, amend (2.3) as follows:
Page 6, Line 1324-33.5-1202. Definitions. As used in this part 12, unless the context otherwise requires:
Page 6, Line 14(2.3) "Certified burner" means an individual who either
Page 6, Line 15successfully completes the division's certified burner training and
Page 6, Line 16certification program or meets the requirements for reciprocity
Page 6, Line 17described in section 24-33.5-1217 (2.5) and who possesses a valid certification number.
Page 6, Line 18SECTION 3. In Colorado Revised Statutes, 24-33.5-1217,
Page 6, Line 19amend (2) introductory portion, (2)(b), (2)(e), (2)(f), (5)(a) introductory
Page 6, Line 20portion, (5)(a)(II)(A), and (10); and add (2)(g) and (2.5) as follows:
Page 7, Line 124-33.5-1217. Prescribed burning program - training and
Page 7, Line 2certification of certified burners - rules - fees. (2) The training and certification standards adopted under this section
shallPage 7, Line 3(b) Establish requirements for certified burners to conduct lawful
Page 7, Line 4activities pursuant to authorization under section 18-13-109 (2)(b)(IV),
C.R.S.,Page 7, Line 5(e) Establish training standards for certified burners and utilize all
Page 7, Line 6means available to make the certified burner training as accessible as possible;
andPage 7, Line 7(f) Clearly identify preexisting fees, permit requirements,
Page 7, Line 8liabilities, liability exemptions, and penalties for prescribed burn
Page 7, Line 9personnel and landowners, including those specified in sections 25-7-106 (7) and (8) and 25-7-123;
C.R.S.Page 7, Line 10(g) Allow for an individual who meets the reciprocity
Page 7, Line 11requirements described in subsection (2.5) of this section to apply for and receive a state certification number.
Page 7, Line 12(2.5) (a) An individual who meets the reciprocity
Page 7, Line 13requirements described in this subsection (2.5) may qualify for certification as a certified burner.
Page 7, Line 14(b) To receive a valid certification number from the division, the individual must:
Page 7, Line 15(I) Apply for certification to the division, according to
Page 7, Line 16the rules and standards of the division, including the payment of any associated fee; and
Page 7, Line 17(II) Submit evidence to the division, according to the rules
Page 7, Line 18and standards of the division, that the individual holds a valid
Page 7, Line 19certification from a state government or other entity.
Page 8, Line 1(5) (a) The director, in consultation with the Colorado state forest
Page 8, Line 2service described in part 3 of article 31 of title 23
C.R.S.,titlePage 8, Line 3(II) Shall adopt rules and standards:
Page 8, Line 4(A) Pertaining to the training and certification of certified burners,
Page 8, Line 5including training components; application processes; qualification for
Page 8, Line 6and terms and durations of certification, including through
Page 8, Line 7reciprocity; types of certification, if applicable; grounds and processes
Page 8, Line 8for renewal, suspension, and revocation of certifications; and training, certification, and renewal fees; and
Page 8, Line 9(10) Notwithstanding any other provision of law:
Page 8, Line 10(a) In performing the duties assigned to
him or herPage 8, Line 11under subsections (5) and (6) of this section, the director shall consult
Page 8, Line 12with the Colorado state forest service as described in part 3 of article 31 of title 23.
C.R.S.Page 8, Line 13(b) The prescribed burning standards adopted by the director
Page 8, Line 14pursuant to
sub-subparagraph (B) of subparagraph (II) of paragraph (a)Page 8, Line 15
of subsection (5)shallPage 8, Line 16consistent with existing laws and processes that ban, regulate, or have
Page 8, Line 17developed recommendations concerning open burning, including sections
Page 8, Line 1818-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124.
C.R.S.Page 8, Line 19(c) Nothing in this section or section 24-33.5-1217.5 or
Page 8, Line 2024-33.5-1217.7
shall be construed to affectPage 8, Line 21county government to develop or administer an open burning permit
Page 8, Line 22system for the purpose of safely disposing of slash in accordance with the
Page 8, Line 23provisions of section 30-15-401 (1)(n.5).
C.R.S.Page 9, Line 1SECTION 4. In Colorado Revised Statutes, 40-41-102, amend (7)(a)(III); and add (7)(a)(IV) as follows:
Page 9, Line 240-41-102. Definitions. As used in this article 41, unless the context otherwise requires:
Page 9, Line 3(7) (a) "CO-EI costs" means:
Page 9, Line 4(III) Pretax costs that an electric utility has previously incurred
Page 9, Line 5related to the commission-approved closure of an electric generating facility occurring before May 30, 2019; and
Page 9, Line 6(IV) As approved by the commission, any of the pretax
Page 9, Line 7costs associated with the implementation of an approved
Page 9, Line 8program or project to mitigate the effects of extreme weather,
Page 9, Line 9wildfires, climate change, or other hazards, including but not
Page 9, Line 10limited to the costs associated with an electric utility's wildfire mitigation plan that has been approved by the commission.
Page 9, Line 11SECTION 5. Safety clause. The general assembly finds,
Page 9, Line 12determines, and declares that this act is necessary for the immediate
Page 9, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 14the support and maintenance of the departments of the state and state institutions.