Colorado § 24-33.5-1220 - Funds available - emergency fire fund - wildland fire equipment repair fund - wildland fire cost recovery fund - creation - gifts, grants, and donations authorized - rules.

§ 24-33.5-1220. Funds available - emergency fire fund - wildland fire equipment repair fund - wildland fire cost recovery fund - creation - gifts, grants, and donations authorized - rules.

(1) The governor's emergency fund may be used for the purpose of preventing and suppressing forest and wildland fires, in accordance with part 7 of this article.

(2) (a) There is hereby created in the state treasury the emergency fire fund, which fund shall be administered by the division, in accordance with paragraph (b) of this subsection (2), to fund emergency responses to wildfires. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes indicated in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(b) The division shall use the moneys in the emergency fire fund to provide funding or reimbursement for wildfires in accordance with memoranda of understanding with participating public entities.

(3) There is hereby created in the state treasury the wildland fire equipment repair cash fund, which fund shall be administered by the division to fund the costs of fire equipment maintenance and repair. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this section. The fund consists of all moneys that may be appropriated thereto by the general assembly and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of moneys in the fund shall be credited to the fund. The moneys in the fund are hereby continuously appropriated for the purposes set forth in this section. Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(4) (a) There is hereby created in the state treasury the wildland fire cost recovery fund, to be administered by the division for personnel and operating expenses associated with wildland fire suppression activities. The division is authorized to seek and accept gifts, grants, reimbursements, or donations from private or public sources for the purposes of this subsection (4). The fund consists of all moneys recovered for the division's expenditures for wildland fire suppression, moneys that may be appropriated thereto by the general assembly, and all private and public funds, including from counties and the Denver water board, received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. The fund is noninterest-bearing. The moneys in the fund are hereby continuously appropriated for the purposes set forth in this subsection (4). Any moneys not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(b) Notwithstanding any limitation on the amount of advances set forth in section 24-75-203 (2), the controller may authorize an advance without interest in any amount to be made to the division to provide it with working capital for the operation of wildland fire suppression activities to which wildland fire cost recovery fund moneys are allocated pursuant to this subsection (4).

(5) Notwithstanding any provision of law to the contrary, the funds established under subsections (2), (3), and (4) of this section are exempt from the limitations set forth in section 24-75-402.

(6) (a) Notwithstanding any other provision of law, a fire department is eligible for reimbursement for wildland fire suppression activities within the jurisdiction or designated boundaries of the fire department from the governor's emergency fund and the wildland fire cost recovery fund if:

(I) The fire department relies solely or primarily on volunteer firefighters to provide fire protection services, as determined under guidelines adopted by the division in the annual wildfire preparedness plan required by section 24-33.5-1227 (2)(a);

(II) The wildland fire exceeds the capabilities of the fire department to control or extinguish; and

(III) The mutual aid period for that fire has ended.

(b) The fire department must use money received pursuant to this subsection (6) to compensate volunteer firefighters pursuant to guidelines adopted by the division in the annual widlfire preparedness plan required by section 24-33.5-1227 (2)(a).

(c) The division and each county sheriff's office shall modify any intergovernmental agreements governing reimbursement for wildland fire suppression activities as necessary to allow reimbursement in accordance with this subsection (6).

(d) The director may promulgate rules as necessary to implement this subsection (6).

Source: L. 2012: Entire section added, (HB 12-1283), ch. 240, p. 1111, § 16, effective July 1. L. 2013: (4) and (5) amended, (SB 13-110), ch. 4, p. 9, § 1, effective February 19. L. 2022: (6) added, (SB 22-002), ch. 339, p. 2437, § 1, effective June 3.

Editor's note: This section is similar to former § 23-31-303 (1) as it existed prior to 2012.

Cross references: For the legislative declaration in the 2012 act adding this section, see section 1 of chapter 240, Session Laws of Colorado 2012.