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Amendments for
SB08-221 Senate Journal, April 18 After consideration on the merits, the Committee recommends that SB08-221 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation. Amend printed bill, page 3, line 6, after "A", insert "DOMESTIC SUPPLY"; line 7, strike "ASSURE FIRE PROTECTION," and substitute "ACHIEVE FIRE PREVENTION OR REMEDIATION,"; line 8, strike "SUPPLY," and substitute "SUPPLY CONTINUANCE," and, before "WITHIN", insert "IMPROVEMENT"; line 13, strike "HAS THE POWER AND"; line 15, strike "PROJECTS. THE BONDS ISSUED PURSUANT" and substitute the following: "PROJECTS, IN AN AMOUNT NOT TO EXCEED FIFTY MILLION DOLLARS. (2) THE AUTHORITY MAY MAKE AND CONTRACT TO MAKE LOANS OF THE BONDS AUTHORIZED BY THIS SECTION TO GOVERNMENTAL AGENCIES PURSUANT TO THIS SECTION TO FINANCE THE COST OF WATERSHED PROTECTION PROJECTS AND FOREST HEALTH PROJECTS PROVIDED THAT THE AUTHORITY OR THE GOVERNMENTAL AGENCY HAS ENTERED INTO AN AGREEMENT WITH THE COLORADO CLEAN ENERGY DEVELOPMENT AUTHORITY OR THE COLORADO STATE FOREST SERVICE WITH RESPECT TO THE APPLICATION OF PROCEEDS OF SUCH BONDS. THE AUTHORITY MAY MAKE THE LOANS SUBJECT TO TERMS AND CONDITIONS THAT ARE DETERMINED BY THE AUTHORITY TO BE CONSISTENT WITH THE PURPOSES OF THE LOANS. THE LOANS SHALL BE EVIDENCED BY NOTES, BONDS, OR OTHER OBLIGATIONS OF THE GOVERNMENTAL AGENCY THAT ARE ISSUED TO THE AUTHORITY, AND THE GOVERNMENTAL AGENCIES ARE AUTHORIZED TO USE SUCH NOTES, BONDS, OR OTHER OBLIGATIONS FOR SUCH PURPOSES. ALL NOTES, BONDS, OR OTHER OBLIGATIONS EVIDENCING A LOAN FROM THE AUTHORITY MAY BE SOLD AT A PRIVATE SALE TO THE AUTHORITY AT ANY PRICE, WHETHER OR NOT LESS THAN PAR VALUE. THE DENOMINATIONS, TIMES, FOR PAYMENT OF PRINCIPAL AND INTEREST, AND PROVISIONS FOR REDEMPTION PRIOR TO MATURITY OF SUCH BONDS, NOTES, OR OTHER OBLIGATIONS SHALL BE AS THE AUTHORITY AND THE GOVERNMENTAL AGENCY AGREE. EACH LOAN TO A GOVERNMENTAL AGENCY AND THE NOTES, BONDS, OR OTHER OBLIGATIONS THEREBY ISSUED SHALL BEAR INTEREST AT THE RATE OR RATES AND HAVE THE MATURITIES AS THE AUTHORITY AND THE GOVERNMENTAL AGENCY AGREE. THE AUTHORITY MAY CHARGE AND COLLECT FROM GOVERNMENTAL AGENCIES FEES AND CHARGES IN CONNECTION WITH THE LOANS OR OTHER SERVICES FROM THE AUTHORITY, INCLUDING, BUT NOT LIMITED TO, FEES AND CHARGES SUFFICIENT TO REIMBURSE THE AUTHORITY FOR ALL REASONABLE COSTS THAT IT NECESSARILY INCURRED BY PROVIDING SUCH LOANS."; strike lines 16 and 17 and substitute the following: "(3) GOVERNMENTAL AGENCIES". Page 4, line 3, strike "ENTITIES" and substitute "AGENCIES"; line 4, strike "STATE FORESTER APPOINTED" and substitute "COLORADO STATE FOREST SERVICE PURSUANT TO SECTION 23-31-311, C.R.S."; strike line 5; line 6, strike "(2)" and substitute "(4)" and, strike "ENTITIES"" and substitute "AGENCIES""; strike line 7 and substitute the following: "MEANS: (a) ANY POLITICAL SUBDIVISION OF THE STATE, INCLUDING, BUT NOT"; line 10, strike "DISTRICTS," and substitute "DISTRICTS WITH NO LESS THAN FIVE HUNDRED REGISTERED VOTERS,"; line 11, strike "AGENCIES." and substitute "AGENCIES;"; after line 11, insert the following: "(b) THE UNITED STATES AND ANY AGENCY THEREOF, INCLUDING THE UNITED STATES FOREST SERVICE AND THE BUREAU OF LAND MANAGEMENT; AND (c) ANY ENTERPRISE, ENTITY, AGENCY, COMMISSION, OR AUTHORITY ESTABLISHED BY A GOVERNMENTAL AGENCY, INCLUDING, WITHOUT LIMITATION, THOSE ESTABLISHED PURSUANT TO AN INTERSTATE COMPACT OR OTHER INTERGOVERNMENTAL COMPACT OR AGREEMENT.". Page 6, line 17, after "FUND.", insert "IF, IN ITS SOLE DISCRETION, THE GENERAL ASSEMBLY APPROPRIATES ANY MONEYS FOR SUCH PURPOSE, THE AGGREGATE OUTSTANDING PRINCIPAL AMOUNT OF BONDS FOR WHICH MONEYS MAY BE APPROPRIATED SHALL NOT EXCEED FIFTY MILLION DOLLARS.". Page 8, strike lines 25 through 27. Page 9, strike lines 1 through 8 and substitute the following: "SECTION 6. Part 3 of article 31 of title 23, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 23-31-311. Watershed protection projects and forest health projects. (1) THE COLORADO STATE FOREST SERVICE, REPRESENTING THE STATE OF COLORADO, SHALL, IN CONSULTATION WITH THE GOVERNMENTAL AGENCIES PARTICIPATING IN SUCH PROJECTS, IDENTIFY WATERSHED PROTECTION PROJECTS AND FOREST HEALTH PROJECTS THAT WILL USE MONEYS RECEIVED PURSUANT TO SECTION 37-95-112.5, C.R.S., INCLUDING, BUT NOT LIMITED TO, THE HARVESTING OF TREES INFESTED WITH BEETLES. (2) THE COLORADO STATE FOREST SERVICE SHALL COLLABORATE WITH FEDERAL, STATE, AND LOCAL GOVERNMENTS AND WATER PROVIDERS TO RECOMMEND THE USE OF AVAILABLE RESOURCES FOR: (a) AREAS THAT HAVE THE HIGHEST PRIORITY FOR RESTORATION; AND (b) (I) WATERSHED PROTECTION PROJECTS AND FOREST HEALTH PROJECTS ON STATE AND FEDERAL LANDS, INCLUDING NATIONAL FOREST AND OTHER FEDERAL LANDS THAT SERVE AS THE PRIMARY SOURCE OF WATER TO COMMUNITIES AND MUNICIPALITIES. (II) IN IDENTIFYING SUCH WATERSHED PROTECTION PROJECTS AND FOREST HEALTH PROJECTS, CONSIDERATION SHALL BE MADE TO EFFECTIVELY USE AVAILABLE RESOURCES BY: (A) APPLYING THE PRINCIPLES OF THE STATE OF COLORADO GOOD NEIGHBOR AUTHORITY PROGRAM ENTERED INTO WITH THE UNITED STATES FOREST SERVICE; (B) COMBINING AVAILABLE RESOURCES WITH FEDERAL GRANT MONEY, IF ANY, THAT IS AVAILABLE FOR SUCH PROJECTS OR SIMILAR PROJECTS; AND (C) PARTNERING ON SUCH PROJECTS BEING PLANNED OR CONDUCTED BY GOVERNMENTAL AGENCIES WITH LAND MANAGEMENT JURISDICTION IN COMMUNITY AND MUNICIPAL WATERSHEDS. (3) IN CARRYING OUT SUCH WATERSHED"; line 9, strike "STATE"; line 10, strike "FORESTER" and substitute "COLORADO STATE FOREST SERVICE"; line 12, after the period, add "FOR PURPOSES OF THIS SECTION:"; strike line 13; line 14, strike "(I)" and substitute "(a)"; line 17, strike "(II)" and substitute "(b)"; after line 18, insert the following: "(c) "GOVERNMENTAL AGENCIES" HAS THE MEANING SET FORTH IN SECTION 37-95-112.5 (3), C.R.S."; line 19, strike "(III)" and substitute "(d)". Local Government House Journal, April 29 22 SB08-221 be amended as follows, and as so amended, be referred to 23 the Committee of the Whole with favorable 24 recommendation: 25 26 Amend reengrossed bill, page 2, line 6, strike "TO" and substitute "THAT 27 IMPROVES"; 28 29 line 7, strike "ADDRESS ISSUES THAT THREATEN"; 30 31 line 8, strike "TO, BEETLE INFESTATION." and substitute "TO: 32 33 (a) REDUCING THE THREAT OF UNCHARACTERISTICALLY LARGE OR 34 INTENSE INSECT DISEASES AND EPIDEMICS; 35 36 (b) REDUCING THE IMPACT OF UNCHARACTERISTICALLY LARGE OR 37 HIGH-INTENSITY WILDFIRES; 38 39 (c) REDUCING THE IMPACT OF UNDESIRABLE NONNATIVE SPECIES; 40 41 (d) REPLANTING TREES IN DEFORESTED AREAS; OR 42 43 (e) IMPROVING THE USE OF, OR ADDING VALUE TO, SMALL 44 DIAMETER TREES.". 45 46 Page 3, line 6, after "DOMESTIC", insert "OR AGRICULTURAL"; 47 48 line 8, after "OR", insert "WILDFIRE HAZARD REDUCTION OR POST-FIRE"; 49 50 line 9, after "QUALITY", insert "MAINTENANCE OR"; 51 52 line 10, after "WATERSHED.", add "A WATERSHED PROTECTION PROJECT 53 DOES NOT INCLUDE UNDERTAKINGS WHERE THE PURPOSE IS TO 54 MATERIALLY INCREASE WATER QUANTITY."; 55 56 line 13, strike "projects." and substitute "projects - repeal."; 1 line 14, strike "BONDS" and substitute "BONDS, IN AN AMOUNT NOT TO 2 EXCEED FIFTY MILLION DOLLARS,"; 3 4 strike lines 16 and 17 and substitute the following: 5 6 "HEALTH PROJECTS OF GOVERNMENTAL AGENCIES."; 7 8 line 19, before "OF", insert "WITH THE PROCEEDS". 9 10 Page 4, line 4, strike "USE" and substitute "ISSUE"; 11 12 line 8, strike "TIMES," and substitute "TIMES"; 13 14 line 12, strike "THEREBY"; 15 16 line 13, after "ISSUED", insert "TO EVIDENCE THE SAME"; 17 18 line 20, strike "BY" and substitute "IN" and, after "LOANS.", add "ALL 19 WATERSHED PROTECTION PROJECTS AND FOREST HEALTH PROJECTS 20 FUNDED WITH MONEYS MADE AVAILABLE PURSUANT TO THIS SECTION 21 SHALL COMPLY WITH ALL APPLICABLE FEDERAL AND STATE LAWS, SUCH 22 AS BEST MANAGEMENT PRACTICES FOR WATER QUALITY ESTABLISHED BY 23 THE COLORADO STATE FOREST SERVICE PURSUANT TO SECTION 24-33-201, 24 C.R.S."; 25 26 line 23, strike "SUCH MONEYS" and substitute "THE MONEYS MADE 27 AVAILABLE PURSUANT TO FINANCING BY THE AUTHORITY"; 28 29 line 26, strike "SUCH PROCEEDS" and substitute "THE PROCEEDS OF BONDS 30 ISSUED BY THE AUTHORITY". 31 32 Page 5, line 5, strike "DISTRIBUTED" and substitute "APPLIED"; 33 34 strike line 15 and substitute the following: 35 36 "SPECIAL DISTRICTS,"; 37 38 line 16, strike "VOTERS,"; 39 40 after line 24, insert the following: 41 42 "(5) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2013. SUCH 43 REPEAL SHALL NOT NULLIFY, ABROGATE, ALTER, OR OTHERWISE AFFECT 44 ANY EXTANT OBLIGATIONS UNDER THIS ARTICLE AT THE TIME OF THE 45 REPEAL.". 46 47 Page 6, line 4, after "FOR", insert "BONDS ISSUED TO FINANCE"; 48 49 line 6, strike "FUNDED". 50 51 Page 7, line 27, after "APPROPRIATED", insert "AND PAID". 52 53 Page 8, line 1, strike "AND PAID". 54 55 Page 11, strike line 1 and substitute the following: 56 1 "WITH WATER PROVIDERS; FEDERAL, STATE, AND LOCAL GOVERNMENTS; 2 EDUCATIONAL INSTITUTIONS; LANDOWNERS; AND OTHER INTERESTED 3 PUBLIC AND PRIVATE ENTITIES"; 4 5 line 2, strike "AVAILABLE RESOURCES FOR:" and substitute "MONEYS MADE 6 AVAILABLE PURSUANT TO SECTION 37-95-112.5, C.R.S. THIS PROCESS 7 SHALL CONSIDER:"; 8 9 line 3, after "FOR", insert "ECOLOGICAL OR WILDFIRE HAZARD 10 REDUCTION"; 11 12 strike line 4 and substitute the following: 13 14 "(b) AREAS THAT HAVE BEEN PRIORITIZED FOR TREATMENT BY A 15 LOCAL OR REGIONAL FOREST COLLABORATIVE PROCESS OR THROUGH A 16 COMPARABLE STAKEHOLDER PROCESS; OR". 17 18 Reletter succeeding paragraph accordingly. 19 20 Page 11, line 6, strike "STATE" and substitute "PRIVATE, STATE,"; 21 22 line 8, strike "MUNICIPALITIES." and substitute "MUNICIPALITIES, AND FOR 23 AGRICULTURAL PURPOSES."; 24 25 strike lines 13 and 14 and substitute the following: 26 27 "NEIGHBOR AUTHORITY PROGRAMS ENTERED INTO BETWEEN THE 28 COLORADO STATE FOREST SERVICE AND THE UNITED STATES FOREST 29 SERVICE, AND BETWEEN THE COLORADO STATE FOREST SERVICE AND THE 30 UNITED STATES BUREAU OF LAND MANAGEMENT;"; 31 32 line 16, strike "THAT IS" and substitute "AND OTHER COMPLEMENTARY 33 FUNDING RESOURCES THAT ARE". 34 35 |