Colorado § 23-31-708 - Colorado native plant availability study - legislative declaration - consulting parties - study components - gifts, grants, and donations - report - definition - repeal.

§ 23-31-708. Colorado native plant availability study - legislative declaration - consulting parties - study components - gifts, grants, and donations - report - definition - repeal.

(1) Legislative declaration.

(a) The general assembly finds that:

(I) The collaborative study on native pollinating insects commissioned by the department of natural resources in 2022 in response to Senate Bill 22-199, enacted in 2022, identified habitat loss as a primary threat to pollinator health and the insufficient availability of necessary native plants and seeds as a major limiting factor to creating pollinator habitats; and

(II) The study also recommended that the state take action to encourage the increase of native plant and seed production and use statewide.

(b) The general assembly also finds that:

(I) Despite growing interest in native plants, Colorado lacks a comprehensive, coordinated understanding of statewide native plant supply and demand, including an understanding of:

(A) Barriers faced by growers, distributors, land managers, and consumers; and

(B) Opportunities for improving the supply of native plant material;

(II) Strategic state coordination can strengthen private markets, reduce risk for growers, support conservation goals, and ensure that public investments in restoration and landscaping achieve long-term ecological benefits; and

(III) The service, in partnership with state agencies and stakeholders, is uniquely positioned to conduct a rigorous, impartial, and applied study to inform market development.

(c) Therefore, the general assembly declares that it is in the best interests of the state to direct the service to perform a statewide study to assess the native plant supply chain.

(2) Study - consulting agencies - definition. The service shall perform a Colorado native plant availability study, referred to in this section as the "study". In performing the study, the service shall consult with:

(a) The department of agriculture;

(b) The department of natural resources;

(c) The department of transportation;

(d) The state forest service;

(e) Seed and plant warehouses and nurseries in the state;

(f) Public and private native seed and plant growers;

(g) Landscape professionals, restoration contractors, and nursery operators;

(h) Tribal governments, where appropriate;

(i) Local governments and water providers; and

(j) Conservation organizations and researchers.

(3) Study scope and requirements.

(a) The study must include an analysis of the supply of native plant material in the state, which analysis includes:

(I) An assessment of current native plant and seed production in Colorado, including:

(A) Species availability;

(B) Production capacity;

(C) Geographic distribution of growers and sellers; and

(D) Constraints, such as land, labor, water, source seed and plant access, genetics, and regulatory barriers;

(II) Identification of possible grower concerns, including but not limited to:

(A) Market uncertainty and inconsistent demand;

(B) Up-front investment risks;

(C) Seed and plant sourcing and genetic integrity;

(D) Contract reliability and payment timing; and

(E) Propagation complexities and knowledge gaps concerning native species; and

(III) Evaluation of weak points in the supply chain, including consideration of:

(A) Seed collection and storage;

(B) Distribution and transportation challenges; and

(C) Regional mismatches between production and demand.

(b) The study must consider education, technical assistance, and knowledge gaps, including:

(I) Identification of gaps in current knowledge among growers, designers, contractors, and consumers;

(II) Evaluation of existing education programs and identification of unmet needs; and

(III) Recommendations for targeted education, technical assistance, and workforce development, including the role of the service.

(c) The study must include best practices for acquiring and using native plants and seeds in the state, including identification of:

(I) Best practices from Colorado and other states for expanding native plant markets;

(II) Incremental strategies to grow supply and demand concurrently; and

(III) Potential incentives, including contracting and incentive reforms, cost-share programs, pilot purchase agreements, certification or labeling programs, and public-private partnerships.

(4) Report.

(a) On or before August 1, 2031, the service shall issue a report summarizing the results of the study. The service shall make the report publicly available on its website and provide copies of the report to:

(I) The governor; and

(II) The agriculture, water, and natural resources committee of the house of representatives and the agriculture and natural resources committee of the senate, or to any successor committees.

(b) The report must include recommendations, including:

(I) Short-term, medium-term, and long-term strategies to increase supply of native plants and seeds incrementally;

(II) Opportunities for public-private partnerships; and

(III) Metrics to measure progress and effectiveness over time.

(5) Gifts, grants, and donations.

(a) The service may seek, accept, and expend gifts, grants, and donations from private or public sources for the purpose of implementing this section.

(b) Notwithstanding any provision of this section to the contrary, the service is not required to perform the duties described in this section unless and until the service acquires sufficient gifts, grants, and donations to pay for the performance of such duties on or before August 1, 2030.

(6) Repeal. This section is repealed, effective September 1, 2031.

Source: L. 2026: Entire section added, (HB 26-1132), ch. 156, p. 884, § 4, effective August 12.

Cross references: For the legislative declaration in HB 26-1132, see section 1 of chapter 156, Session Laws of Colorado 2026.

PART 8

COLORADO WATER INSTITUTE

Editor's note: This part 8 was added in 2007. It was repealed in 2017 and was subsequently recreated and reenacted in 2019, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this part 8 prior to 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.