HB 1213

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1213
     BY REPRESENTATIVE(S) Smith and McCormick, Bacon, Boesenecker,
     Brown, Froelich, Goldstein, Gonzalez R., Lindsay, Nguyen;
     also SENATOR(S) Wallace, Cutter, Coleman.
     CONCERNING THE CONTINUATION OF THE BIOMASS UTILIZATION GRANT
          PROGRAM, AND, IN CONNECTION THEREWITH, IMPLEMENTING THE
          RECOMMENDATION CONTAINED IN THE 2025 SUNSET REPORT BY THE
             DEPARTMENT OF REGULATORY AGENCIES TO REPEAL THE BIOMASS
             UTILIZATION GRANT PROGRAM.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1. In Colorado Revised Statutes, repeal 23-31-317 as
     follows:
           23-31-317. Biomass utilization study - legislative declaration -
     report - definitions - repeal.
             (1) The general assembly:
             (a) Finds and determines that:
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
        (I) Three of the largest wildfires in Colorado's history occurred in
2020, with more than six hundred twenty-five thousand acres burned across
the state;
       (II) It is estimated that two hundred fourteen million dollars was
spent in Colorado in 2020 to fight forest fires;
       (III) With almost three million people in Colorado residing in the
wildland-urban interface, these wildfires threaten human life as well as
private property, public infrastructure, and the environment;
       (IV) The forest service has implemented a number of strategies to
help mitigate the risk of wildfire, including engaging in educational
outreach, providing technical assistance to communities in the WUI with
the development of community wildfire protection plans, and treating
forested lands to reduce the amount of fuel;
        (V) One promising strategy for wildfire mitigation is to increase the
utilization of biomass to reduce fuel; and
      (VI)    Increased biomass utilization would provide other
environmental benefits such as:
        (A) Using biomass for electric and heat generation as a means to
further diversify Colorado's renewable energy portfolio and, in furtherance
of the governor's "Greenhouse Gas Pollution Reduction Roadmap" released
on January 14, 2021, provide a carbon-neutral alternative energy source to
fossil fuels; and
      (B) Applying biochar to soil as a means to improve soil health and
provide carbon sequestration; and
       (b) Declares that it is in the interest of the state for the forest service
to administer a grant program to demonstrate biomass utilization as a means
to innovate wildfire mitigation, renewable energy development, soil health,
climate change mitigation, and carbon sequestration.
       (2) As used in this section, unless the context otherwise requires:
       (a) "Biochar" means a charcoal that is produced by pyrolysis of
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biomass and is used as a soil amendment.
        (b) "Biomass" has the meaning set forth in section 40-2-124
(1)(a)(I).
          (c) "Forest service" has the meaning set forth in section 23-31-310
(2)(c).
          (d) "Fuel" has the meaning set forth in section 23-31-310 (2)(d).
       (e) "Pyrolysis" has the meaning set forth in section 40-2-124
(1)(a)(V).
        (f) "Wildland-urban interface" or "WUI" has the meaning set forth
in section 23-31-310 (2)(f).
       (3) (a) The biomass utilization grant program is created to
demonstrate the utilization of biomass throughout the state. The forest
service, at the discretion of the state forester, may implement the grant
program by awarding up to two million five hundred thousand dollars in
grants for proposed projects that seek to demonstrate the following
regarding biomass utilization:
        (I) Wildfire prevention and mitigation benefits derived from its
utilization;
      (II) Energy benefits derived from increasing biomass energy
generation; or
          (III) Agricultural benefits from increasing its usage as biochar.
       (b) The forest service, at the discretion of the state forester, may
administer the grant program using money in the healthy forests and vibrant
communities fund created in section 23-31-313 (10) and any gifts, grants,
or donations received. The forest service may seek and expend gifts, grants,
and donations to finance the biomass utilization grant program.
       (4) On or before March 1, 2023, and on or before each March 1 after
a year in which the forest service awards one or more grants under the
biomass utilization grant program, the forest service shall submit a report
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describing each project for which it has awarded a grant in the previous
year, including a description of the type of biomass utilization that the
project demonstrates, the geographic area served by the project, and the
amount awarded for the project, to the governor and the agriculture,
livestock, and water committee of the house of representatives and the
agriculture and natural resources committee of the senate, or any successor
committees. The forest service shall post the report on its website.
       (5) This section is repealed, effective September 1, 2026. Before the
repeal, this section is scheduled for review in accordance with section
24-34-104.
       SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal
(27)(a)(IX) as follows:
       24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal.
       (27) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2026:
        (IX) The biomass utilization grant program implemented by the state
forest service pursuant to section 23-31-317;
       SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
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approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                    _________________________________________
                   Jared S. Polis
                   GOVERNOR OF THE STATE OF COLORADO
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