The bill creates the prescribed fire claims cash fund (fund) in the state treasury and requires the state treasurer to transfer $1 million to the fund. The Division of Fire Prevention and Control (division) shall use the fund to pay claims certified by the division according to new guidelines specified in the bill and adopted by the division’s director. The division may authorize payments up to 10% of the fund’s balance at the time a claim is filed.
The division shall certify claims that meet the following guidelines:
The claim provides sufficient detail of costs or damages resulting from the prescribed burn
The prescribed burn was conducted in full compliance with all statutory and regulatory requirements
The certified prescribed burn manager registered the written prescription plan with the division and paid an administrative fee before conducting the burn
Costs or damages were incurred within 60 days after completing the prescribed burn
The bill grants rule-making authority to the division’s director for program implementation and administration, including the option to contract a third party to handle claims. Claimants accepting full payment for a certified claim must waive future claims related to the prescribed burn.
The bill also expands the definition of a certified burner to include individuals who have not completed Colorado’s training but meet reciprocity requirements and possess a valid Colorado certification number. Individuals seeking certification through reciprocity must:
Apply to the division according to its rules and pay any associated fees
Submit evidence of holding a valid certification from another state government or entity
The division’s director, in consultation with the Colorado State Forest Service, must adopt rules and standards for certification qualifications, terms, and durations, including reciprocity.
Summary
Wildfire Matters Review Committee.Section 1 of the bill
creates the prescribed fire claims cash fund (fund) in the state treasury and requires the treasurer to transfer $1 million to the fund. The division of fire prevention and control (division) shall expend money from the fund to pay claims that are certified by the division in accordance with new guidelines as specified in the bill 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 is equal to 10% of the amount of money in the fund at the time the claim is filed.
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 bill gives rule-making authority to 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 bill 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. 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 director of the division, in consultation with the Colorado state
forest service, is required to adopt rules and standards pertaining to the qualification for and the terms and durations of certification, including through reciprocity.
