Increase Prescribed Burns

Section 1 of the act creates the prescribed fire claims cash fund (fund) in the state treasury and requires the state treasurer to transfer $250,000 from the general fund to the fund on July 1, 2025. Subject to annual appropriation by the general assembly, the division of fire prevention and control (division) shall expend money from the fund to pay claims for damages related to prescribed burns that are certified by the division in accordance with new guidelines as specified in the act and as adopted by the director of the division. The division shall authorize a payment in the amount certified in a claim; except that the maximum payment that the division may authorize for a singular burn is equal to the greater of $20,000 or 10% of the amount of money in the fund at the time the claim is filed.

Subject to annual appropriation by the general assembly of money for the division to administer the fund, the division shall certify a claim that meets the following guidelines:

• The claim demonstrates, in sufficient detail, the costs or damages that resulted from the prescribed burn;
• The prescribed burn that resulted in the costs or damages was conducted in full compliance with statutory and regulatory requirements for prescribed burning;
• Before conducting the prescribed burn, the certified prescribed burn manager registered the written prescription plan for the prescribed burn with the division and paid an administrative fee; and
• No more than 60 days have passed between the completion of the prescribed burn and the date upon which costs and damages were incurred.

The act authorizes the director of the division to adopt rules and guidelines for the implementation and administration of the program and permits the division to contract with a third party to administer, certify, and pay the claims. The act also requires a claimant who accepts a payment that covers the full amount certified in the claim to waive all future claims related to the prescribed burn against the certified prescribed burn manager that conducted the burn; any organization, entity, or individual with whom the certified prescribed burn manager worked to conduct the burn; any individual or entity that provided funding for the burn; and any landowner on whose behalf the burn was conducted.

Sections 2 and 3 expand the definition of a "certified burner" in the state to include an individual who has not completed the Colorado division's training and certification program but who meets reciprocity requirements and possesses a valid Colorado certification number. An individual seeking certification through reciprocity may receive a certification number from the division by:

• Applying for certification to the division, according to the rules and standards of the division, including the payment of any associated fee; and
• Submitting evidence to the division, according to the rules and standards of the division, that the individual holds a valid certification from a state government or other entity.

The required rules and standards adopted by the director of the division, in consultation with the Colorado state forest service, pertaining to the qualification for and the terms and durations of certification, are required to include certification through reciprocity.

Section 4 adds pretax costs associated with the implementation of an approved program or project to mitigate the effects of extreme weather, wildfires, climate change, or other hazards to the definition of Colorado energy impact costs.

For the 2025-26 fiscal year:

• $250,000 is appropriated from the fund to the department of public safety for use by the division for prescribed fire claims; and
• $153,025 is appropriated from the general fund to the department of public safety for implementation of the act.
  (Note: This summary applies to this bill as enacted.)