Colorado § 39-29-109.3 - Severance tax operational fund - core reserve - grant program reserve - definitions - repeal.

§ 39-29-109.3. Severance tax operational fund - core reserve - grant program reserve - definitions - repeal.

(1) The executive director of the department of natural resources shall submit with the department's budget request for each fiscal year a list and description of the programs the executive director recommends to be funded from the severance tax operational fund created in section 39-29-109 (2)(b), referred to in this section as the "operational fund". Except as otherwise provided in subsections (10), (11), (12), and (13) of this section, the general assembly may appropriate money from the total money available in the operational fund to fund recommended programs as follows:

(a) (I) For programs or projects within the energy and carbon management commission created in section 34-60-104.3 (1), up to thirty-five percent of the money in the operational fund for fiscal years commencing on or after July 1, 2009.

(II) Money appropriated for programs or projects pursuant to subsection (1)(a)(I) of this section shall be used by the energy and carbon management commission for plugging and abandonment projects, for well-site location reclamation projects, or for regulatory and environmental programs or projects as specifically appropriated by the general assembly for use on such programs or projects; except that, if the commission determines that an emergency exists, the commission may expend any money received for the emergency without any further appropriation. In determining the uses of this money, the commission shall give priority to uses that reduce industry fees and mill levies.

(b) For programs within the Colorado geological survey, up to fifteen percent of the moneys in the operational fund;

(b.5) For the avalanche information center, up to five percent of the moneys in the operational fund;

(c) For programs within the division of reclamation, mining, and safety, up to thirty percent of the money in the operational fund for fiscal years commencing before July 1, 2008, and up to twenty-five percent of the money in the operational fund for fiscal years commencing on or after July 1, 2008;

(d) For programs within the Colorado water conservation board and for purposes authorized by article 75 of title 37, C.R.S., up to five percent of the moneys in the operational fund;

(e) For fiscal years commencing on or after July 1, 2008, only, for programs within the division of parks and wildlife that monitor, manage, or mitigate the impacts of mineral or mineral fuel production activities on wildlife in any region of the state in which production activity is occurring or, from any location in the state, research such impacts, up to five percent of the moneys in the operational fund, which moneys shall not supplant moneys that would otherwise be made available for such programs;

(f) For fiscal years commencing on or after July 1, 2009, for programs within the division of parks and wildlife that operate, maintain, or improve state parks in any region of the state in which production activity is occurring, up to ten percent of the moneys in the operational fund.

(g) If the general assembly appropriates less than one hundred percent of the money available in the operational fund for the purposes set forth in subsections (1)(a) to (1)(f) of this section, then the general assembly may additionally appropriate:

(I) Up to five million dollars to the species conservation trust fund created in section 24-33-111 (2)(a);

(II) Up to four million six thousand five dollars from the operational fund to the division of parks and wildlife aquatic nuisance species fund created in section 33-10.5-108 (1);

(III) Through the 2023-24 state fiscal year, up to four hundred fifty thousand dollars, and for the 2024-25 state fiscal year and each state fiscal year thereafter, up to seven hundred thousand dollars to the conservation district grant fund created in section 35-1-106.7;

(IV) For the 2022-23 state fiscal year, up to ten million dollars to the wildfire mitigation capacity development fund created in section 24-33-117 (1); and

(V) For the 2023-24 state fiscal year and each state fiscal year thereafter, up to five million dollars to the wildfire mitigation capacity development fund created in section 24-33-117 (1).

(1.5) On June 30, 2021, and July 1, 2022, the state treasurer shall transfer nine million four hundred fifty-six thousand five dollars from the general fund to the operational fund.

(1.7) and (2) Repealed.

(3) (a) It is the intent of the general assembly that the operational fund maintain a reserve equal to two times the current state fiscal year's appropriations made from the operational fund, but if severance tax revenues are less than anticipated, then money in the reserve is available to be used for expenditures authorized by the appropriations.

(b) and (c) Repealed.

(3.5) (a) Repealed.

(b) If at the end of a fiscal year the reserve for the operational fund specified in subsection (3)(a) of this section is full, then, on August 15 following the end of the fiscal year, the state treasurer shall transfer the remainder to the severance tax perpetual base fund created in section 39-29-109 (2)(a).

(c) Repealed.

(4) to (8) Repealed.

(9) On June 30, 2023, the state treasurer shall transfer twelve million six hundred thousand dollars from the operational fund to the water plan implementation cash fund created in section 37-60-123.3.

(10) and (11) Repealed.

(12) (a) On July 1, 2024, the state treasurer shall transfer seven hundred forty-eight thousand dollars from the operational fund to the clean water cash fund created in section 25-8-210 (4) for use by the department of public health and environment in administering the program described in section 25-8-205.1.

(b) This subsection (12) is repealed, effective July 1, 2027.

(13) (a) Beginning in April 2027, and every April thereafter, the executive director of the department of natural resources shall determine an amount equal to the difference of:

(I) The amount projected by the March revenue forecast relied on by the general assembly in setting the state budget for the next state fiscal year as the amount of total state severance tax receipts that the state treasurer will transfer to the operational fund for the current state fiscal year; and

(II) The amount appropriated by the general assembly for the programs described in subsections (1)(a) to (1)(g) of this section in the current year.

(b) Beginning in April 2027, and every April thereafter, after making the determination pursuant to subsection (13)(a) of this section, the executive director of the department of natural resources shall report an amount equal to the greater of zero or the amount determined by the executive director pursuant to subsection (13)(a) of this section.

(c) On June 30, 2027, and each June 30 thereafter, the state treasurer shall transfer from the operational fund to the general fund an amount equal to the lesser of fourteen million two hundred thousand dollars or the amount reported to the state treasurer pursuant to subsection (13)(b) of this section.

(14) (a) On June 30, 2026, the state treasurer shall transfer seven million two hundred fifty-two thousand nine hundred ninety-six dollars from the fund to the general fund.

(b) This subsection (14) is repealed, effective July 1, 2027.

(15) (a) On June 30, 2027, the state treasurer shall transfer eleven million one hundred fifty thousand dollars from the fund to the general fund.

(b) This subsection (15) is repealed, effective July 1, 2028.

Source: L. 2008: Entire section added, p. 1863, § 2, effective June 2; (2)(j) added, p. 978, § 3, effective May 21; (2)(f) and IP(4)(a) amended and (4)(c) added, pp. 1328, 1336, §§ 3, 10, effective May 27; (2)(k) added, p. 1535, § 5, effective May 28; (2)(d)(I)(A) and (2)(e)(I)(A) amended, p. 1581, § 6, effective May 29; (2)(d)(I)(A) and (2)(e)(I)(A) amended and (2)(m) added, p. 1591, §§ 9, 8, effective May 29; (2)(l) added, p. 1576, § 33, effective May 29; (1) amended, p. 1689, § 2, effective June 2. L. 2009: (2)(a)(I)(A), (2)(a)(I)(B), (2)(c)(I)(B), (2)(d)(II)(A), (2)(e)(II)(A), (2)(f)(II)(A), (2)(n)(I)(A), and (2)(n)(II) amended and (2)(f)(V) added, (SB 09-293), ch. 370, pp. 2008, 2010, §§ 1, 3, effective June 1; (2)(i) amended, (SB 09-125), ch. 328, p. 1751, § 22, effective June 1; (2)(n) added, (HB 09-1199), ch. 411, p. 2277, § 2, effective June 3; (2)(a) amended, (SB 09-106), ch. 386, p. 2090, § 2, effective July 1; (2)(h) amended, (SB 09-124), ch. 256, p. 1162, § 2, effective July 1. L. 2010: (2)(f)(III)(A) and (2)(f)(IV)(A) amended, (HB 10-1319), ch. 28, p. 103, § 1, effective March 18; (1)(a)(I), (1)(f), (2)(a)(I)(C), (2)(a)(I)(D) amended and (2)(a)(I)(E) added, (HB 10-1326), ch. 36, pp. 140, 141, §§ 1, 2, effective March 22; (6) added, (HB 10-1327), ch. 135, p. 451, § 9, effective April 15; (2)(c)(I)(A) and (2)(c)(III) amended, (SB 10-025), ch. 379, p. 1775, § 2, effective June 7; (2)(d)(IV)(A) amended and (2)(d)(V), (2)(d)(VI), (2)(e)(IV), (2)(e)(V), and (2)(e)(VI) added, (HB 10-1398), ch. 380, pp. 1777, 1778, §§ 4, 5, effective June 7. L. 2011: (2)(b)(IV) added, (HB 11-1156), ch. 134, p. 471, § 2, effective May 4; (6) amended, (SB 11-226), ch. 190, p. 735, § 7, effective May 19; (2)(e)(IV)(A), (2)(e)(V)(A), and (2)(e)(VI)(A) amended, (SB 11-203), ch. 231, p. 989, § 3, effective May 27. L. 2012: (2)(f)(V) amended, (HB 12-1028), ch. 60, p. 217, § 1, effective March 24; (2)(k) and (2)(n) amended, (HB 12-1032), ch. 69, p. 239, § 4, effective March 24; (3), (4)(b), and (5) amended, (HB 12-1353), ch. 221, p. 947, § 1, effective May 24; IP(2)(d), (2)(d)(III), (2)(d)(IV), (2)(d)(V), and (2)(d)(VI) repealed and IP(2)(e), (2)(e)(V)(A), and (2)(e)(VI)(A) amended, (HB 12-1349), ch. 282, p. 1635, § 4, effective June 8; (2)(f)(V)(A) and (4)(c)(I)(A) amended, (HB 12-1315), ch. 224, p. 978, § 46, effective July 1; (2)(h) amended, (HB 12-1334), ch. 219, p. 938, § 2, effective July 1. L. 2012, 1st Ex. Sess.: IP(2)(a)(I) amended, (SB 12S-002), ch. 1, p. 2422, § 20, effective May 19. L. 2013: (1)(b) amended and (1)(b.5) added, (HB 13-1057), ch. 1, p. 3, § 7, effective January 31; (4)(c) amended, (HB 13-1185), ch. 76, p. 244, § 1, effective March 22; IP(1), (1)(a)(I), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), IP(2), (3)(a), (4)(b), and (5) amended and (6) repealed, (SB 13-181), ch. 209, p. 874, § 26, effective May 13; (2)(e)(VI)(A) amended, (HB 13-1283), ch. 378, p. 2220, § 3, effective June 5; IP(1) amended, (HB 13-1139), ch. 120, p. 409, § 10, effective August 7. L. 2014: (2)(e)(VII), (2)(e)(VIII), (2)(e)(IX), (2)(e)(X), and (2)(e)(XI) added, (SB 14-188), ch. 219, p. 821, § 3, effective May 17; IP(2)(n)(I) and (2)(n)(I)(A) amended and (2)(n)(I)(C) amended, (SB 14-154), ch. 313, p. 1357, § 4, effective May 31. L. 2015: (2)(o) added, (HB 15-1150), ch. 56, p. 135, § 1, effective March 30; (2)(p) added, (SB 15-022), ch. 183, p. 600, § 4, effective May 12; (2)(q) and (2)(r) added, (SB 15-253), ch. 192, p. 637, § 13, effective May 14; (2)(s) added, (HB 15-1006), ch. 185, p. 605, § 2, effective August 5. L. 2016: (1.5) added, (SB 16-218), ch. 289, p. 1174, § 6, effective June 10; (3)(c) added, (SB 16-167), ch. 279, p. 1147, § 1, effective June 10. L. 2017: (1.7) added, (SB 17-260), ch. 157, p. 536, § 2, effective April 28; IP(2), (2)(k), and (2)(n) amended, (SB 17-050), ch. 34, p. 98, § 3, effective July 1; IP(2)(f) and (2)(f)(V) amended, (HB 17-1116), ch. 393, p. 2024, § 1, effective August 9. L. 2018: (1.5) and (1.7) repealed, IP(2) and IP(4)(a) amended, and (4)(d) and (7) added, (HB 18-1338), ch. 201, p. 1312, § 15, effective May 4; (2)(m) amended, (HB 18-1008), ch. 137, p. 900, § 10, effective August 8. L. 2019: IP(2), (3)(a), and (7)(c) amended, (3.5) and (8) added, and (4) and (5) repealed, (SB 19-016), ch. 68, p. 245, § 1, effective April 1; IP(2) and IP(2)(e) amended and (2)(e)(XII) added, (HB 19-1259), ch. 208, p. 2207, § 4, effective May 17. L. 2020: IP(1) and (1)(c) amended and (2)(o) repealed, (HB 20-1372), ch. 166, p. 765, § 2, effective July 1. L. 2021: IP(1), (3)(a), and (3.5)(b) amended, (1)(g) added, (1.5) RC&RE, and (2), (3.5)(a), (7), and (8) repealed, (SB 21-281), ch. 255, p. 1496, § 5, effective June 18; (2)(c) RC&RE, (SB 21-189), ch. 333, p. 2149, § 7, effective June 24; (2)(t) added, (HB 21-1242), ch. 332, p. 2145, § 3, effective June 24; (2)(c) and (2)(t) repealed, (SB 21-281), ch. 255, p. 1500, §§ 6, 7, effective June 24; (2)(f) repealed, (HB 21-1105), ch. 488, p. 3495, § 2, effective September 7. L. 2023: (1)(g)(II) amended and (1)(g)(IV) and (1)(g)(V) added, (SB 23-139), ch. 11, p. 32, § 1, effective March 6; (9) added, (SB 23-237), ch. 98, p. 365, § 1, effective April 20; IP(1) amended and (10) added, (SB 23-250), ch. 130, p. 496, § 1, effective April 28; (1)(a) amended, (SB 23-285), ch. 235, p. 1259, § 42, effective July 1. L. 2024: (1)(g)(III) amended and (11) added, (HB 24-1413), ch. 228, p. 1404, § 1, effective May 22; IP(1) amended and (12) added, (HB 24-1379), ch. 274, p. 1824, § 6, effective May 29. L. 2025: (3.5)(b) amended, (SB 25-300), ch. 428, p. 2457, § 60, effective August 6. L. 2026: IP(1) amended and (13) added, (HB 26-1387), ch. 247, p. 1398, § 3, effective May 29; (14) and (15) added, (HB 26-1405), ch. 396, p. 2487, § 32, effective June 4.

Editor's note: (1) Subsection (2)(m) was originally numbered as (2)(i) in Senate Bill 08-226 but has been renumbered on revision for ease of location.

(2) Amendments to subsection (2)(a) by Senate Bill 09-106 and Senate Bill 09-293 were harmonized.

(3) (a) Subsections (2)(a)(I)(A), (2)(b)(I)(B), (2)(d)(I)(B), (2)(e)(I)(B), and (2)(g)(II) provided for the repeal of subsections (2)(a)(I)(A), (2)(b)(I), (2)(d)(I), (2)(e)(I), and (2)(g), respectively, effective July 1, 2010. (See L. 2008, p. 1863.)

(b) Subsection (2)(f)(I)(D) provided for the repeal of subsection (2)(f)(I), effective July 1, 2010. (See L. 2008, p. 1328.)

(c) Subsection (2)(j)(II) provided for the repeal of subsection (2)(j), effective July 1, 2010. (See L. 2008, p. 978.)

(d) Subsection (2)(l)(II) provided for the repeal of subsection (2)(l), effective July 1, 2010. (See L. 2008, p. 1576.)

(e) Subsection (2)(m)(I)(B) provided for the repeal of subsection (2)(m)(I), effective July 1, 2010. (See L. 2008, p. 1591.)

(f) Subsection (2)(i)(I)(B) provided for the repeal of subsection (2)(i)(I), effective July 1, 2010. (See L. 2009, p. 1751.)

(4) Subsections (2)(a)(I)(B), (2)(b)(II)(B), (2)(d)(II)(B), (2)(e)(II)(B), and (2)(f)(II)(B) provided for the repeal of subsections (2)(a)(I)(B), (2)(b)(II), (2)(d)(II), (2)(e)(II), and (2)(f)(II), respectively, effective July 1, 2011. (See L. 2008, p. 1863.)

(5) Subsections (2)(a)(I)(C), (2)(b)(III)(B), (2)(e)(III)(B), and (2)(f)(III)(B) provided for the repeal of subsections (2)(a)(I)(C), (2)(b)(III), (2)(e)(III), and (2)(f)(III), respectively, effective July 1, 2012. (See L. 2008, p. 1863.)

(6) Amendments to subsection (2)(f)(V)(A) by House Bill 12-1028 and House Bill 12-1315 were harmonized.

(7) Subsection (2)(a)(I)(D) provided for the repeal of said subsection (2)(a)(I)(D), effective July 1, 2013. (See L. 2010, p. 141.) Subsection (2)(e)(IV)(B) provided for the repeal of subsection (2)(e)(IV), effective July 1, 2013. (See L. 2010, p. 1778.) Subsection (2)(f)(IV)(B) provided for the repeal of subsection (2)(f)(IV), effective July 1, 2013. (See L. 2008, p. 1330.)

(8) Amendments to the introductory portion to subsection (1) by House Bill 13-1139 and Senate Bill 13-181 were harmonized. Amendments to subsection (1)(b) by House Bill 13-1057 and Senate Bill 13-181 were harmonized.

(9) Subsection (4)(c)(III)(B) provided for the repeal of subsection (4)(c), effective July 1, 2013. (See L. 2013, p. 244.)

(10) (a) Subsection (2)(e)(V)(B) provided for the repeal of subsection (2)(e)(V), effective July 1, 2014. (See L. 2010, p. 1778.)

(b) Subsection (3)(b)(II) provided for the repeal of subsection (3)(b), effective July 1, 2014. (See L. 2012, p. 947.)

(11) Subsection (2)(e)(VI)(B) provided for the repeal of subsection (2)(e)(VI), effective July 1, 2015. (See L. 2010, p. 1777.)

(12) Subsection (2)(e)(VII)(B) provided for the repeal of subsection (2)(e)(VII), effective July 1, 2016. (See L. 2014, p. 821.)

(13) (a) Subsection (2)(e)(VIII)(B) provided for the repeal of subsection (2)(e)(VIII), effective July 1, 2017. (See L. 2014, p. 821.)

(b) Subsection (2)(p)(II) provided for the repeal of subsection (2)(p), effective July 1, 2017. (See L. 2015, p. 600.)

(c) Subsection (3)(c)(II) provided for the repeal of subsection (3)(c), effective July 1, 2017. (See L. 2016, p. 1147.)

(14) (a) Subsection (2)(e)(IX)(B) provided for the repeal of subsection (2)(e)(IX), effective July 1, 2018. (See L. 2014, p. 821.)

(b) Subsection (2)(h)(II) provided for the repeal of subsection (2)(h), effective July 1, 2018. (See L. 2012, p. 938.)

(c) Subsection (2)(s)(II) provided for the repeal of subsection (2)(s), effective July 1, 2018. (See L. 2015, p. 605.)

(15) Subsection (2)(e)(X)(B) provided for the repeal of subsection (2)(e)(X), effective July 1, 2019. (See L. 2014, p. 821.)

(16) Amendments to subsection IP(2) by SB 19-016 and HB 19-1259 were harmonized.

(17) Subsection (2)(c)(III) provided for the repeal of subsection (2)(c), effective July 1, 2020. (See L. 2010, p. 1775.)

(18) Subsection (2)(e)(XI)(B) provided for the repeal of subsection (2)(e)(XI), effective July 1, 2020. (See L. 2014, p. 821.)

(19) Subsection (3.5)(c)(II) provided for the repeal of subsection (3.5)(c), effective July 1, 2020. (See L. 2019, p. 245.)

(20) Amendments to subsection (2) by SB 21-281 and HB 21-1105 were harmonized.

(21) (a) Subsection (11)(b) provided for the repeal of subsection (11), effective June 30, 2026. (See L. 2024, p. 1404.)

(b) Subsection (10)(b) provided for the repeal of subsection (10), effective July 1, 2026. (See L. 2023, p. 496.)

Cross references: (1) For the legislative declaration contained in the 2008 act amending subsections (2)(d)(I)(A) and (2)(e)(I)(A), see section 1 of chapter 339, Session Laws of Colorado 2008.

(2) For the legislative declaration in the 2011 act amending subsections (2)(e)(IV)(A), (2)(e)(V)(A), and (2)(e)(VI)(A), see section 1 of chapter 231, Session Laws of Colorado 2011.

(3) For the legislative declaration in the 2012 act repealing the introductory portion to subsection (2)(d) and subsections (2)(d)(III), (2)(d)(IV), (2)(d)(V), and (2)(d)(VI) and amending the introductory portion to subsection (2)(e) and subsections (2)(e)(V)(A) and (2)(e)(VI)(A), see section 1 of chapter 282, Session Laws of Colorado 2012.

(4) For the legislative declaration in the 2013 act amending subsection (2)(e)(VI)(A), see section 1 of chapter 378, Session Laws of Colorado 2013.

(5) For the legislative declaration in SB 14-188, see section 1 of chapter 219, Session Laws of Colorado 2014.

(6) For the legislative declaration in HB 19-1259, see section 1 of chapter 208, Session Laws of Colorado 2019.

(7) For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.