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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 26-0369.01 Sam Anderson x4218 HOUSE BILL 26-1213
House Committees Senate Committees
Agriculture, Water & Natural Resources Agriculture & Natural Resources
A BILL FOR AN ACT
CONCERNING THE CONTINUATION OF THE BIOMASS UTILIZATION101
GRANT PROGRAM , AND , IN CONNECTION THEREWITH ,102
IMPLEMENTING THE RECOMME NDATION CONTAINED IN THE103
2025 SUNSET REPORT BY THE DEPARTMENT OF REGULATORY104
AGENCIES TO REPEAL THE BIOMASS UTILIZATION GRANT105
PROGRAM. 106
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/.)
Sunset Process - House Agriculture, Water, and Natural
SENATE
2nd Reading Unamended
April 13, 2026
HOUSE
3rd Reading Unamended
March 10, 2026
HOUSE
2nd Reading Unamended
March 9, 2026
HOUSE SPONSORSHIP
Smith and McCormick, Bacon, Boesenecker, Brown, Froelich, Goldstein, Gonzalez R.,
Lindsay, Nguyen
SENATE SPONSORSHIP
Wallace,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
Resources Committee. The bill implements the recommendation of the
department of regulatory agencies' 2025 sunset review and report on the
biomass utilization grant program by repealing the biomass utilization
grant program.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal 23-31-317 as2
follows:3
23-31-317. Biomass utilization study - legislative declaration4
- report - definitions - repeal.5
(1) The general assembly:6
(a) Finds and determines that:7
(I) Three of the largest wildfires in Colorado's history occurred in8
2020, with more than six hundred twenty-five thousand acres burned9
across the state;10
(II) It is estimated that two hundred fourteen million dollars was11
spent in Colorado in 2020 to fight forest fires;12
(III) With almost three million people in Colorado residing in the13
wildland-urban interface, these wildfires threaten human life as well as14
private property, public infrastructure, and the environment;15
(IV) The forest service has implemented a number of strategies to16
help mitigate the risk of wildfire, including engaging in educational17
outreach, providing technical assistance to communities in the WUI with18
the development of community wildfire protection plans, and treating19
forested lands to reduce the amount of fuel;20
(V) One promising strategy for wildfire mitigation is to increase21
the utilization of biomass to reduce fuel; and22
(VI) Increased biomass utilization would provide other23
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environmental benefits such as:1
(A) Using biomass for electric and heat generation as a means to2
further diversify Colorado's renewable energy portfolio and, in3
furtherance of the governor's "Greenhouse Gas Pollution Reduction4
Roadmap" released on January 14, 2021, provide a carbon-neutral5
alternative energy source to fossil fuels; and6
(B) Applying biochar to soil as a means to improve soil health and7
provide carbon sequestration; and8
(b) Declares that it is in the interest of the state for the forest9
service to administer a grant program to demonstrate biomass utilization10
as a means to innovate wildfire mitigation, renewable energy11
development, soil health, climate change mitigation, and carbon12
sequestration.13
(2) As used in this section, unless the context otherwise requires:14
(a) "Biochar" means a charcoal that is produced by pyrolysis of15
biomass and is used as a soil amendment.16
(b) "Biomass" has the meaning set forth in section 40-2-12417
(1)(a)(I).18
(c) "Forest service" has the meaning set forth in section 23-31-31019
(2)(c).20
(d) "Fuel" has the meaning set forth in section 23-31-310 (2)(d).21
(e) "Pyrolysis" has the meaning set forth in section 40-2-12422
(1)(a)(V).23
(f) "Wildland-urban interface" or "WUI" has the meaning set forth24
in section 23-31-310 (2)(f).25
(3) (a) The biomass utilization grant program is created to26
demonstrate the utilization of biomass throughout the state. The forest27
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service, at the discretion of the state forester, may implement the grant1
program by awarding up to two million five hundred thousand dollars in2
grants for proposed projects that seek to demonstrate the following3
regarding biomass utilization:4
(I) Wildfire prevention and mitigation benefits derived from its5
utilization;6
(II) Energy benefits derived from increasing biomass energy7
generation; or8
(III) Agricultural benefits from increasing its usage as biochar.9
(b) The forest service, at the discretion of the state forester, may10
administer the grant program using money in the healthy forests and11
vibrant communities fund created in section 23-31-313 (10) and any gifts,12
grants, or donations received. The forest service may seek and expend13
gifts, grants, and donations to finance the biomass utilization grant14
program.15
(4) On or before March 1, 2023, and on or before each March 116
after a year in which the forest service awards one or more grants under17
the biomass utilization grant program, the forest service shall submit a18
report describing each project for which it has awarded a grant in the19
previous year, including a description of the type of biomass utilization20
that the project demonstrates, the geographic area served by the project,21
and the amount awarded for the project, to the governor and the22
agriculture, livestock, and water committee of the house of23
representatives and the agriculture and natural resources committee of the24
senate, or any su ccessor committees. The forest service shall post the25
report on its website.26
(5) This section is repealed, effective September 1, 2026. Before27
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the repeal, this section is scheduled for review in accordance with section1
24-34-104.2
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal3
(27)(a)(IX) as follows:4
24-34-104. General assembly review of regulatory agencies5
and functions for repeal, continuation, or reestablishment - legislative6
declaration - repeal.7
(27) (a) The following agencies, functions, or both, are scheduled8
for repeal on September 1, 2026:9
(IX) The biomass utilization grant program implemented by the10
state forest service pursuant to section 23-31-317;11
SECTION 3. Act subject to petition - effective date. This act12
takes effect at 12:01 a.m. on the day following the expiration of the13
ninety-day period after final adjournment of the general assembly (August14
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a15
referendum petition is filed pursuant to section 1 (3) of article V of the16
state constitution against this act or an item, section, or part of this act17
within such period, then the act, item, section, or part will not take effect18
unless approved by the people at the general election to be held in19
November 2026 and, in such case, will take effect on the date of the20
official declaration of the vote thereon by the governor.21
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