Proposition

Initiative 308

On the November 2026 ballot

Proposition 137 (Initiative 308): keeping the sporting goods sales tax for wildfire and conservation funding

Proposition 137 would let Colorado keep state sales tax revenue from certain sporting goods and equipment above the TABOR limit beginning July 1, 2027. It would fund conservation, wildfire, water and outdoor recreation programs without changing the tax rate. The measure has no expiration date.

Kim's recommendation

Vote No on Designate Sporting Goods Sales Tax Revenue for Conservation

Kim's Reasoning:

While this ballot question has all of the buzz words that we care about: reduce the risk of wildfire, conserve Colorado’s water, land, parks, and wildlife, and ensure the health and vitality of Colorado’s forests and watershed, this ballot question is greedily asking to keep TABOR (Colorado Taxpayers Bill of Rights) refunds, that should be returned to the taxpayers, to fund ten bureaucracies that award government grants to cronies and interested parties. The ballot question is disingenuous and dishonest because it uses the term “without raising taxes.” If Colorado keeps overcollected taxes instead of returning them to the people, that is a tax increase. VOTE NO ON DESIGNATE SPORTING GOODS SALES TAX REVENUE FOR CONSERVATION.

Kim Monson

Host, The Kim Monson Show · President, Colorado Union of Taxpayers · Colorado Voter's Guide 2026

Certified ballot question

Certified ballot title

Shall there be a change to the Colorado Revised Statutes creating new law to increase water and land conservation funding without raising taxes, and, in connection therewith, through a voter-approved revenue change, allowing the state to keep and spend a portion of revenue from the state sales tax on sporting goods and equipment to conserve and protect Colorado’s water, land, and forests, prevent wildfires, support outdoor recreation training and activities, and reduce revenue spent on these conservation purposes if necessary to preserve funding for certain tax credits?

A yes vote means

Beginning July 1, 2027, estimated state sales tax revenue from sporting goods and equipment is exempt from the TABOR limit and transferred to conservation, wildfire and outdoor-recreation programs. The fiscal note estimates TABOR refunds $175.0 million lower in FY 2027–28. Beginning in 2028–29, the exemption and transfer are reduced when necessary to protect the Family Affordability Tax Credit or earned income tax credit under the measure’s forecast rules. The tax rate does not change. If Proposition NN also passes, Proposition 137 reduces the revenue Colorado can retain and spend under NN.

A no vote means

Sales tax revenue from sporting goods remains in the state’s general budget and subject to the TABOR limit. The legislature can spend it on general priorities, and revenue above the limit is refunded as required by existing law.

Key facts

First transfer

July 1, 2027

The measure itself takes effect on the governor’s proclamation after voter approval, within 30 days after the official canvass.

TABOR refunds

$175.0 million less

Estimated reduction in FY 2027–28; later reductions are not estimated.

State sales tax rate

Unchanged

Sunset

The annual transfers begin July 1, 2027. Neither of the measure’s two sections sets an expiration date or requires a renewal vote.

TABOR treatment

The measure is a voter-approved revenue change. The certified text says that "COMMENCING ON JULY 1, 2027, ALL STATE SALES TAX REVENUES COLLECTED FROM CERTAIN SPORTING GOODS AND EQUIPMENT SHALL CONSTITUTE A VOTER-APPROVED REVENUE CHANGE". The fiscal note states: "The measure is expected to decrease the amount of state revenue required to be refunded to taxpayers by $175.0 million in FY 2027-28."

Cost signal

TABOR refunds would fall an estimated $175.0 million in FY 2027–28; later refund reductions are not estimated. State spending would rise $18,598 in FY 2026–27, $54.9 million in FY 2027–28 and $164.6 million in FY 2028–29.

The measure01

Proposition 137 would let the state keep the sales tax on sporting goods instead of refunding it

Colorado's constitution limits how much revenue the state may keep in a year, and revenue above the limit is refunded to taxpayers. That limit is the Taxpayer's Bill of Rights, usually called TABOR. Proposition 137 would exempt one category of state revenue from that limit. The certified text says that "COMMENCING ON JULY 1, 2027, ALL STATE SALES TAX REVENUES COLLECTED FROM CERTAIN SPORTING GOODS AND EQUIPMENT SHALL CONSTITUTE A VOTER-APPROVED REVENUE CHANGE", the constitutional category for revenue voters have agreed the state may keep and spend. The text names that money "WILDFIRE AND CONSERVATION REVENUE". The sales tax rate on sporting goods does not change. The transfer runs "ON JULY 1 FOR EACH STATE FISCAL YEAR THEREAFTER", and neither of the measure's two sections sets an end date or requires a later vote.

Brendan Witt and Aaron Citron are the designated representatives for Proposition 137 (Initiative 308). Petition signatures were filed July 27, 2026. The Secretary of State found them sufficient on August 21, qualifying the measure for the November ballot.

Who put the measure forward

Proposition 137 was submitted by petition. The March 31, 2026 review and comment memorandum from Legislative Council Staff and the Office of Legislative Legal Services is addressed to Brendan Witt and Aaron Citron, the measure's designated representatives. The memorandum names Witt and Citron. It covers Proposition 137 together with Initiative 309, a version of the same measure that would send 38 percent of the money to the Great Outdoors Colorado Trust Fund and 57 percent to the Colorado Wildfire Prevention and Water Fund.

Proposition NN

Proposition NN is on the same ballot

Both measures would let Colorado retain revenue above the TABOR limit. Proposition 137 would designate sporting goods sales tax revenue for conservation, wildfire, water and outdoor recreation programs. Proposition NN would fund K-12 education and children’s programs, with homestead property tax reimbursements paid first starting in FY 2027–28. Each is a separate vote; neither depends on the other.

Read the guide on Proposition NN

The certified texts of Initiative 308 and Proposition NN.

The designated representatives and the earlier draft

The March 31, 2026 review and comment memorandum is addressed to Brendan Witt and Aaron Citron and covers Initiative 308 together with Initiative 309. The memorandum records that the same designated representatives submitted an earlier version, proposed initiative 2025-2026 #228, which was the subject of a memorandum dated February 17, 2026 and was discussed at a public meeting on February 19, 2026.

Language in #228 about reducing the wildfire and conservation revenue distribution in relation to payments to local governments for certain lost property tax revenue does not appear in Initiative 308 or Initiative 309. The reviewers asked the proponents whether they intend the distribution not to change as a result of state revenue above the cap.

Legislative Council Staff and Office of Legislative Legal Services review and comment memorandum, March 31, 2026, the To line and substantive comment 3.

"SHALL CONSTITUTE A VOTER-APPROVED REVENUE CHANGE UNDER SECTION 20(7)(d) OF ARTICLE X OF THE STATE CONSTITUTION, AS AN EXCEPTION TO THE LIMITS THAT WOULD OTHERWISE APPLY WITHOUT LIMITING OR AFFECTING THE COLLECTION OR SPENDING OF OTHER REVENUES."

The certified text says the sporting goods sales tax revenue

Proposition 137, section 24-77-110 (2)(a)

The money02

The fiscal note estimates refunds $175.0 million lower in FY 2027-28

The May 13, 2026 fiscal note estimates that TABOR refunds would fall $175.0 million in FY 2027–28. It does not estimate later refund reductions because the state revenue forecast it uses ends in FY 2027–28. It separately estimates transfers to the funds of $175.0 million in FY 2027–28 and $180.2 million in FY 2028–29.

The April 8, 2026 fiscal summary estimated about $175.0 million in annual funding beginning in FY 2027–28. The May fiscal note adds that the transfers would reduce General Fund money available to spend or save in years when revenue subject to TABOR falls below the Referendum C cap. From FY 2028–29, the funding may be reduced to protect the two income tax credits described below.

The ballot title describes funding conservation without raising taxes. The April fiscal summary also says the measure would reduce taxpayers’ after-tax income available to spend, save or invest elsewhere.

Where the money goes

The four shares set by the certified text, and the second split inside the Colorado Wildfire Prevention and Water Fund

Money in the Conserve and Protect Colorado’s Water, Land, and Forests Fund is credited four ways

FundShareFY 2027-28

Great Outdoors Colorado Trust Fund47.5%$83.1 million

Colorado Wildfire Prevention and Water Fund47.5%

Table 2 prints no line for this fund. It prints the four transfers made out of it, listed below.

Outdoor Equity Fund2.5%$4.4 million

Outdoor Recreation Economic Development Cash Fund2.5%$4.4 million

First-year wildfire transfers: five funds in four rows

Prescribed Fire Claims Cash FundTEN MILLION DOLLARS$10.0 million

Forest Restoration and Wildfire Risk Mitigation Grant Program Cash Fund; and/or Vibrant Communities FundFIFTY PERCENT OF THE MONEY REMAINING AFTER THE TRANSFER PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION$36.5 million

Wildfire Mitigation Capacity Development FundTHE OTHER FIFTY PERCENT OF THE MONEY REMAINING AFTER THE TRANSFER PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION$18.3 million

Colorado Water Conservation Board Construction FundTHE OTHER FIFTY PERCENT OF THE MONEY REMAINING AFTER THE TRANSFER PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION$18.3 million

The certified text sets the shares. The amounts are the fiscal note's estimates for FY 2027-28, the first year the money is transferred.

The four shares set by the certified text, and the second split inside the Colorado Wildfire Prevention and Water Fund. Dollar amounts are the fiscal note's FY 2027-28 estimates. Sources: certified text of Initiative 308, sections 24-77-110(3)(d) and 24-33-119; Legislative Council Staff fiscal impact statement, Table 2.

The figures and the dates

Revenue designated as wildfire and conservation revenue$175.0 million in FY 2027-28, $180.2 million in FY 2028-29fiscal impact statement, May 13, 2026, State Revenue and Table 1B

Shares out of the new fund47.5 percent to the Great Outdoors Colorado Trust Fund, 47.5 percent to the Colorado Wildfire Prevention and Water Fund, 2.5 percent to the Outdoor Equity Fund, 2.5 percent to the Outdoor Recreation Economic Development Cash Fundcertified text, section 24-77-110 (3)(d)

Change in TABOR refunds-$175.0 million in FY 2027-28; not estimated for FY 2028-29, because a forecast of state revenue subject to TABOR is not available beyond FY 2027-28fiscal impact statement, Table 1 and the TABOR Refunds section

State expenditures$18,598 in FY 2026-27, $54.9 million in FY 2027-28, $164.6 million in FY 2028-29fiscal impact statement, Tables 1 and 1A

New state staff0.0 FTE in FY 2026-27, 4.8 FTE in FY 2027-28, 14.5 FTE in FY 2028-29fiscal impact statement, Table 1 and the Staff section

To local governments$20.0 million a year from the Great Outdoors Colorado Trust Fund beginning in FY 2028-29fiscal impact statement, Local Government section

First transferJuly 1, 2027certified text, section 24-77-110 (3)(c)

Effective dateIf approved, it takes effect on the Governor's proclamation, no later than 30 days after the official canvass of the vote is completedfiscal impact statement, Effective Date section

Petition filedJuly 27, 2026Secretary of State initiative signature status listing

Statement of sufficiencyAugust 21, 2026Secretary of State initiative signature status listing

Designated representativesBrendan Witt and Aaron Citronreview and comment memorandum, March 31, 2026, the To line

Dollar figures and staffing from the Legislative Council Staff fiscal impact statement of May 13, 2026. Shares and the transfer date from the certified text of Initiative 308. Petition dates from the Secretary of State's initiative listing.

Initiative 308's effect on TABOR refunds

Change in TABOR refunds

FY 2027-28

-$175.0 million

FY 2028-29

not estimated

A forecast of state revenue subject to TABOR is not available beyond FY 2027-28.

Revenue designated as wildfire and conservation revenue

FY 2027-28

$175.0 million

FY 2028-29

$180.2 million

The state revenue forecast the fiscal impact statement uses reaches only to FY 2027-28.

The fiscal impact statement's estimate covers FY 2027-28, the last year of the March 2026 Legislative Council Staff revenue forecast it uses.

Source: Legislative Council Staff fiscal impact statement for Initiative 308, May 13, 2026: Tables 1 and 2, the Summary of Measure and the TABOR Refunds section.

The measure creates two funds in the state treasury and divides the money four ways

The measure would create the Conserve and Protect Colorado’s Water, Land, and Forests Fund and the Colorado Wildfire Prevention and Water Fund. Money in the first fund must supplement existing funding rather than replace it. It would distribute 47.5% to the Great Outdoors Colorado Trust Fund, 47.5% to the wildfire fund, 2.5% to the Outdoor Equity Fund and 2.5% to the Outdoor Recreation Economic Development Cash Fund.

At the first year’s estimated $175.0 million, each 47.5% share is about $83.1 million and each 2.5% share about $4.4 million. Legislative reviewers asked how compliance with the supplement-not-supplant requirement would be determined and who would decide. At the April 2, 2026 review and comment hearing, a designated representative answered that the language tells the legislature the voters intend the money "to be additional dollars for the receiving funds and that it should not take the place of current funding streams," and that the legislature should consider that when it budgets. Asked how a replacement of existing funding would be resolved, the proponents agreed it was up to the legislature when it sets budgets and allocates the money.

Section 24-33-119(2) then divides the wildfire fund. In FY 2027-28, $10.0 million goes to the Prescribed Fire Claims Cash Fund; half of what remains goes to the Forest Restoration and Wildfire Risk Mitigation Grant Program Cash Fund and the Healthy Forests and Vibrant Communities Fund, "WITH THE STATE FORESTER TO DETERMINE THE AMOUNT" going to each, and the other half to the Wildfire Mitigation Capacity Development Fund and the Colorado Water Conservation Board Construction Fund, in amounts the executive director of the Department of Natural Resources determines. Five accounts receive money that way in the first year. Section 24-33-119(3) drops the prescribed fire transfer from FY 2028-29 on, leaving four.

The certified text calls that fund by two names. The sections creating it and directing money to it call it "THE COLORADO WILDFIRE PREVENTION AND WATER FUND". The declaration voters would adopt sends the money to "THE COLORADO WILDFIRE PROTECTION AND WATER FUND".

One fund, two names

The certified text creates the Colorado Wildfire Prevention and Water Fund. The declaration voters would adopt sends the money to the Colorado Wildfire Protection and Water Fund.

The committees' organization money by source

Protect Colorado’s Land and Water, Prevent Wildfires reports $3,083,792.23 from organizations in 61 filings. The largest: The Nature Conservancy $1,584,068.48 in 12 filings; WRA Action Fund $524,331.36 in 16 filings; Fund for a Better Future $349,856.96 in 3 filings.

The filings record no organization contributions to Protect Colorado’s Land, Communities, and Tax Dollars. Contributions from individuals are outside this view.

TRACER filing, October 3, 2026.

The reviewers' question on the supplement requirement

The certified text says money in the Conserve and Protect Colorado's Water, Land, and Forests Fund "SHALL SUPPLEMENT, NOT SUPPLANT, EXISTING FUNDING" for the four funds it is credited to. In the March 31, 2026 review and comment memorandum, Legislative Council Staff and the Office of Legislative Legal Services put three questions to the proponents about that requirement.

"How is it determined whether money expended from the conserve and protect Colorado’s water, land, and forests fund is supplementing and not supplanting existing funding?"
"Who makes that determination?"
"What happens if it is determined that money expended from the conserve and protect Colorado’s water, land, and forests fund is supplanting and not supplementing existing funding?"

Legislative Council Staff and Office of Legislative Legal Services review and comment memorandum, March 31, 2026, substantive comment 2.

Transfers by fund, as the fiscal note estimates them

Fund	FY 2027-28	FY 2028-29
General Fund	-$175.0 million	-$180.2 million
Great Outdoors Colorado Trust Fund	$83.1 million	$85.6 million
Forest Restoration and Wildfire Risk Mitigation Grant Program Cash Fund and Healthy Forests and Vibrant Communities Fund	$36.5 million	$42.8 million
Wildfire Mitigation Capacity Development Fund	$18.3 million	$21.4 million
Colorado Water Conservation Board Construction Fund	$18.3 million	$21.4 million
Outdoor Equity Fund	$4.4 million	$4.5 million
Outdoor Recreation Economic Development Cash Fund	$4.4 million	$4.5 million
Prescribed Fire Claims Cash Fund	$10.0 million	$0
Net Transfer	$0	$0

Table 2 prints this row as one line. The certified text names the two funds the Forest Restoration and Wildfire Risk Mitigation Grant Program Cash Fund and the Healthy Forests and Vibrant Communities Fund, and the state forester determines how much goes to each.

The $10.0 million transfer applies in FY 2027-28 only.

Amounts as printed in Table 2 of the Legislative Council Staff fiscal impact statement of May 13, 2026. The shares out of the Conserve and Protect Colorado's Water, Land, and Forests Fund are set by the certified text; the amounts inside the Colorado Wildfire Prevention and Water Fund are determined by the state forester and by the executive director of the Department of Natural Resources, and the fiscal note assumes each department fund receives half.

The funds would receive $175.0 million in the first year and spend $54.9 million of it

The fiscal note estimates additional state spending of $18,598 in FY 2026–27, $54.9 million in FY 2027–28 and $164.6 million in FY 2028–29. Much of the money transferred in FY 2027–28 would be approved or appropriated for spending the following year. GOCO’s board, for example, is expected to approve spending from its FY 2027–28 allocation in FY 2028–29.

The note’s rounded FY 2027–28 transfer and statewide spending estimates differ by $120.1 million, calculated as $175.0 million minus $54.9 million. That comparison is not an exact cash balance for the new funds; statewide spending also includes General Fund administration.

The certified text creates no agency, board or office to run the funds, and existing officials decide the amounts inside each split. The fiscal note nonetheless expects staffing to grow at the departments that would administer the money: it projects "including 4.8 FTE in FY 2027-28 and 14.5 FTE in FY 2028-29 and future years" at the Department of Natural Resources, where FTE means full-time equivalent positions.

The money's transfer and spending dates

FY 2026-27The Department of Revenue spends $18,598 on programming and data reporting, including $4,786 in document management costs to change the paper sales tax return form.fiscal impact statement, Table 1A and the Department of Revenue section

March 15, 2027Deadline for Legislative Council Staff to determine the FY 2027–28 wildfire and conservation revenue.certified text, section 24-77-110 (4)(a)

July 1, 2027The state treasurer would transfer an estimated $175.0 million from the General Fund to the Conserve and Protect Colorado’s Water, Land, and Forests Fund and distribute the four shares. The wildfire fund would then transfer $10.0 million to the Prescribed Fire Claims Cash Fund.certified text, sections 24-77-110 (3)(c) and (3)(d) and 24-33-119 (2); fiscal impact statement, Table 2

FY 2027-28State spending is $54.9 million, of which $36.5 million is at the Colorado State Forest Service in the Department of Higher Education and $18.4 million at the Department of Natural Resources, and state staffing rises by 4.8 FTE.fiscal impact statement, Tables 1, 3 and 5 and the Staff section

July 1, 2028The second transfer, estimated at $180.2 million, and from this year the fund makes no further transfer to the Prescribed Fire Claims Cash Fund.certified text, section 24-33-119 (3); fiscal impact statement, Table 2

FY 2028-29State spending is $164.6 million and staffing is 14.5 FTE, because money credited in FY 2027-28 to the Great Outdoors Colorado Trust Fund, the Colorado Water Conservation Board Construction Fund, the Outdoor Equity Fund, the Outdoor Recreation Economic Development Cash Fund and the Prescribed Fire Claims Cash Fund is approved or appropriated for spending in this year. Distributions to local governments from the Great Outdoors Colorado Trust Fund rise by $20.0 million a year.fiscal impact statement, Tables 1, 3 and 4, the Great Outdoors Colorado, Colorado Water Conservation Board, Outdoor Equity Grant Program, Office of Economic Development and International Trade, Department of Public Safety and Local Government sections

The transfer and the spending fall in different years. The Great Outdoors Colorado board approves spending from its trust fund the year after the money arrives; the Colorado Water Conservation Board recommends water projects to the legislature, which appropriates that money through the annual water projects bill; and the Outdoor Equity Fund, the Outdoor Recreation Economic Development Cash Fund and the Prescribed Fire Claims Cash Fund are appropriated annually. The two forest service funds are continuously appropriated, which is why the Department of Higher Education spends in the first year.

Legislative Council Staff fiscal impact statement, May 13, 2026.

Measure provisions03

The amount is calculated from 2022 census data and reset in the December forecast each year

Retailers do not report taxable sporting goods sales as a separate category. Legislative Council Staff must calculate the first year’s amount by March 15, 2027 using the 2022 Economic Census. The formula applies the share of retail trade represented by nine sporting goods product codes to Colorado’s reported retail sales, then multiplies the result by the state sales tax rate. In the Census Bureau's labels, the nine codes are retail sales of bicycles and other cycles, except children's sidewalk bikes, with parts and accessories; golf equipment; hunting, fishing, hiking and camping equipment; other sporting goods and equipment, excluding sport vehicles; motorcycles, motor scooters and motor bikes, with parts and accessories; boats and other sports vehicles; motor homes, travel trailers and campers; and exercise and fitness equipment; plus rental services for recreational, sports and fitness equipment, which the label says includes boats, motorcycles, other sports vehicles and musical instruments. It substitutes the national share when a Colorado product figure is withheld.

For fiscal years beginning July 1, 2028 or later, Legislative Council Staff would adjust the amount in its December forecast. It must consider updated census data, actual sales tax receipts for those products or successor codes, and any alternative reliable estimate it has prepared.

The amount can also be cut to protect two income tax credits. From FY 2028-29 on, the revenue is reduced if exempting all of it "WOULD CAUSE A REDUCTION IN THE CREDIT AMOUNT AVAILABLE FOR EITHER THE FAMILY AFFORDABILITY TAX CREDIT" or "THE EARNED INCOME TAX CREDIT". The ballot title carries the same condition, describing a measure that would "reduce revenue spent on these conservation purposes if necessary to preserve funding for certain tax credits". The fiscal note does not estimate how often that reduction would apply or how large it would be.

The calculation of the wildfire and conservation revenue

Retailers do not report sporting goods sales to the state as a separate category, so the measure writes the arithmetic into law. By March 15, 2027 Legislative Council Staff must set the first year's amount from "THE UNITED STATES CENSUS BUREAU 2022 ECONOMIC CENSUS DATA" for the nine product codes the measure names, in five steps.

Take Colorado and national total retail trade sales under industry code 44-45.
Take the sales in that code for each of the nine sporting goods and equipment product codes, in Colorado and in the nation.
Divide each product total by total retail trade, once for Colorado and once for the nation, to get the share of retail trade that is sporting goods and equipment.
Apply the Colorado share to the gross annual retail sales reported to the Colorado Department of Revenue for the most recent tax year, using the national share wherever the Colorado figure is withheld from publication.
Multiply the taxable sales that result by the state sales tax rate.

From July 1, 2028 the quarterly December revenue forecast sets the adjustment for the coming year. The fiscal note says the Department of Revenue anticipates creating a new line on the sales tax return form for retailers to report sporting goods and equipment sales.

The nine product codes named in the measure: 5001025000, 5001050000, 5001075000, 5001105000, 5001150000, 5001175000, 5001300000, 5001700000 and 7001800000.

Certified text of Initiative 308, section 24-77-110 (4); Legislative Council Staff fiscal impact statement, May 13, 2026.

The reduction that protects two income tax credits

From FY 2028-29 the conservation money is cut back if exempting all of it "WOULD CAUSE A REDUCTION IN THE CREDIT AMOUNT AVAILABLE FOR EITHER THE FAMILY AFFORDABILITY TAX CREDIT" or the earned income tax credit. Legislative Council Staff or the Office of State Planning and Budgeting makes that determination in the quarterly December revenue forecast before the fiscal year begins, and calculates the largest amount that can be kept without reducing either credit. The fiscal note says the revenue and the spending that follows it "may be reduced in FY 2028-29 and future years when exemption of the revenue results in a lower level of availability for certain state income tax credits allowed under current law".

This is the clause the ballot question ends on: a measure that would "reduce revenue spent on these conservation purposes if necessary to preserve funding for certain tax credits".

Certified text of Initiative 308, section 24-77-110 (4)(d); Legislative Council Staff fiscal impact statement, May 13, 2026; ballot title fixed by the Title Board.

Campaign support and opposition04

For

Protect Colorado’s Land and Water, Prevent WildfiresContributions $4,253,900 · Expenditures $4,122,273

Against

Protect Colorado’s Land, Communities, and Tax DollarsContributions $4,679 · Expenditures $2,983

TRACER filing, October 7, 2026

From the show05

The Kim Monson Show reported on Initiative 308, now Proposition 137 in August 2026

The Kim Monson Show published an article about Initiative 308 on August 12, 2026, reporting the fiscal impact statement's figures. Its headline gives the spending estimate of $164.6 million a year, which is the FY 2028-29 figure; the first year is $54.9 million. Its source list cites a Kim Monson Show broadcast of the same date and two further newsroom articles.

Terms in the measure

Voter-approved revenue changeRevenue voters authorize the state to keep and spend above its constitutional limit. The measure would give this status to the specified sporting goods sales tax revenue.

TABORThe Taxpayer’s Bill of Rights, article X, section 20 of the state constitution. It limits state revenue and requires refunds of revenue above the applicable limit unless voters authorize retention.

Referendum C capThe state’s current revenue ceiling. The fiscal note says the measure would reduce General Fund money available to spend or save in years when revenue subject to TABOR falls below it.

Supplement, not supplantAdd to existing funding rather than replace it. The measure applies this requirement to money distributed from the new conservation fund.

Great Outdoors ColoradoGOCO’s trust fund and board invest Colorado lottery revenue in wildlife, parks, rivers, trails and open space under article XXVII of the state constitution. The board approves spending from the fund.

Continuously appropriatedMoney an agency may spend without a new annual legislative appropriation. Both State Forest Service funds in this measure have that authority; several other receiving funds require annual appropriations.

Prescribed fireA deliberately set fire used to reduce wildfire fuel. The measure would transfer $10.0 million in FY 2027–28 to the Prescribed Fire Claims Cash Fund, which pays eligible damage claims from prescribed fire projects.

NAPCS product codesCategories in the North American Product Classification System used by the federal Economic Census. The measure names nine codes for calculating sporting goods and equipment revenue.

Certified text of Initiative 308 and the Legislative Council Staff fiscal impact statement of May 13, 2026.

Show coverage

September 30, 2026The Walton Family’s $250,000 for Proposition 137, Et Voila’s Property Purchase and a Grade School Taught by AIListen from 31:46

September 23, 2026Proposition 137’s Funders, Erie’s Water Allocation Policy and the Money Behind Cell-Cultured MeatListen from 26:43

September 16, 2026Badger Meter’s Remote Shutoff, Proposition 137’s Eight Funds, and Tallgrass Converting the Trailblazer to CO2Listen from 50:25

September 14, 2026The Kim Monson Show, September 14, 2026: Penn Pfiffner, Brian Joondeph, Tom Krannawitter, Marc Auville, Roger Mangan, and Jody HinseyListen from 1:50:32

September 2, 2026Arvada City Council Approves $300,000 Wildfire Camera Study Four to Three and Initiative 308 Becomes Proposition 137Listen from 49:52

August 26, 2026Smart Meter Data as Evidence, Douglas County’s Axon Contract, and Grazing Land Down to 643 Million AcresListen from 35:20

August 12, 2026Proposition 308’s $175 Million Redirect, 755 Forest Sensors, and Applied Digital’s Decommissioning GapListen from 36:04

July 29, 2026Wildfire Cameras, Prop 308’s Fire Fund, and Rutinel’s Livestock PaperListen from 51:00

July 22, 2026Narrowed Lanes, Forest Herbicide, and Who Defines the Greater GoodListen from 51:15

July 16, 2026Vaccine Burden, Wildfire Money, and the Meaning of the IsmsListen from 14:54

July 15, 2026Land, Water, and the Taxpayer’s Bill of RightsListen from 34:13

The Kim Monson Show

Newsroom coverage

Colorado column, September 23, 2026The Nature Conservancy has given $1.58 million to the Proposition 137 campaignRead the article

September 16, 2026Proposition 137 names the 2009 forest fund that received $3 million in federal reliefRead the article

September 9, 2026Proposition 137 would send GOCO $83.1 million the lottery cap does not reachRead the article

September 2, 2026Proposition 137 uses nine federal product codes to set the sales tax revenue Colorado would keepRead the article

August 26, 2026Denver Water backed Initiative 308 after helping fund a 73-acre cut at Beaver Ranch ParkRead the article

Colorado column, August 12, 2026Legislative Council Staff puts Initiative 308 spending at $164.6 million a yearRead the article

July 16, 2026Colorado’s Title Board wrote ‘prevent wildfires’ into Proposition 308’s ballot title. The measure’s own text says ‘reduce the risk’Read the article

July 15, 2026Proposition 308 would let Colorado keep $175 million a year of sales tax that TABOR now refundsRead the article

The Kim Monson Newsroom, kimmonson.com

Sources06

Official documents

Certified text of Initiative 308

Fiscal impact statement (May 13, 2026)

Fiscal summary (April 8, 2026)

Review and comment memorandum (March 31, 2026)

Further reading

Official documents

2026 State Ballot Information BookletColorado Legislative Council · Sep 24, 2026
The Colorado Legislative Council's 2026 State Ballot Information Booklet analysis of Proposition 137 explains that it would direct existing sporting goods sales tax revenue, estimated at $175 million in budget year 2027-28, to conservation, wildfire mitigation and outdoor recreation programs and exempt that money from the state revenue limit, which would reduce TABOR refunds in years the state collects more than the limit.
Ballot analysis (Legislative Council)Legislative Council
The Colorado General Assembly's 2026 ballot analysis landing page for Proposition 137, Direct Sporting Goods Sales Tax Revenue for Conservation, listing staff, draft deadlines and links to analysis files but no analysis text itself.
Initial fiscal impact abstract (Legislative Council)Legislative Council
Legislative Council Staff's fiscal summary of Initiative 308 dated April 8, 2026, a preliminary assessment that the measure would exempt and distribute about $175 million a year in sporting goods sales tax revenue for wildfire and conservation.
Fiscal summary (Legislative Council)Legislative Council
Legislative Council Staff's initial fiscal impact statement for Initiative 308 (May 13, 2026), estimating the sporting goods sales tax revenue the measure would retain and how it would be distributed.
Review and comment memo (Legislative Council and Legal Services)Legislative Council and Legal Services
The March 31, 2026 review-and-comment memorandum from Legislative Council Staff and the Office of Legislative Legal Services on proposed initiatives #308 and #309, setting out the purposes of #308 and questions for proponents.
Text of the measure as filedColorado General Assembly
The text of Initiative 2025-2026 #308 as received by Legislative Council Staff on March 19, 2026, which would retain state sales tax revenue from sporting goods as a voter-approved revenue change and direct it to wildfire and conservation funds.

Show 3 more

Title Board record (Secretary of State)Secretary of State
The Secretary of State's Title Board results page for Initiative #308, giving the ballot title and submission clause set April 16, 2026, which lets the state keep and spend sporting goods sales tax revenue for conservation and wildfire prevention.
Final text as filed (Secretary of State)Secretary of State
The Secretary of State's filed final text of Initiative 2025-2026 #308 (received April 2, 2026), the legal text of the measure that retains state sales tax on sporting goods as a voter-approved revenue change for wildfire and conservation funds.
Review and comment hearing recording (Legislative Council and Legal Services)Colorado General Assembly · Apr 2, 2026
Video of the April 2, 2026 public review and comment hearing on Initiative 308, where the proponents answered the reviewers' questions.

News coverage

Prop 137 will not prevent wildfires but will degrade our public lands (Opinion)The Denver Post · Sep 14, 2026 · subscription required
A Denver Post guest commentary (Sept. 14, 2026) by Josh Schlossberg arguing against Proposition 137, claiming its money would fund logging that will not prevent wildfires and will degrade public lands.
Ballot measure aims to shift Colorado sporting goods tax revenue to land, water and wildfire projectsColorado Politics · Sep 11, 2026
A Colorado Politics news story (Sept. 2026) reporting that Proposition 137 would direct sporting goods sales tax revenue to land and water conservation, wildfire prevention and outdoor recreation, with projected amounts and supporter and critic views.
Coloradans will decide whether to dedicate sales taxes from outdoor gear to conservation effortsThe Denver Post · Sep 1, 2026 · subscription required
A Denver Post news story (Sept. 1, 2026) explaining that Proposition 137 (Initiative 308) would dedicate state sales taxes on outdoor gear to conservation and wildfire prevention and exempt that revenue from the TABOR cap.
Colorado voters will be asked to redirect sporting goods sales tax revenue to conservation and wildfire restorationThe Colorado Sun · Aug 31, 2026
A Colorado Sun news story (Aug. 31, 2026) reporting that Proposition 137 qualified for the November ballot and would redirect $175 million to $180 million a year in sporting goods sales taxes to GOCO, wildfire mitigation and outdoor recreation programs.
Colorado measure redirects sales tax revenue from sporting goods, equipment to conservation programsColorado Politics · Aug 23, 2026
A Colorado Politics news story (Aug. 2026) reporting that Initiative 308 qualified for the ballot and would redirect about $175 million to $180 million a year in sporting goods sales tax revenue to wildfire and conservation funds, reducing TABOR refunds by similar amounts.
Conservationists propose ballot measure to delegate sporting goods tax revenue to hinder wildfires in ColoradoThe Colorado Sun · Dec 31, 2025
A Colorado Sun news story (Dec. 31, 2025) reporting that conservation groups proposed a 2026 ballot measure to de-Bruce sales taxes on outdoor sports gear and direct the money to open space and wildfire mitigation, the proposal that became Proposition 137.

Show 1 more

Proposition 137: $175M in existing Colorado tax revenue would be routed to conservation, wildfire mitigationThe Colorado Sun · Sep 30, 2026
This Colorado Sun news explainer from Sept. 30, 2026, describes how Proposition 137 would route about $175 million a year in existing sporting goods sales tax to conservation and wildfire work, how it could reduce TABOR refunds, and who supports and opposes it.

Campaigns and committees

Protect Colorado’s Land, Communities, and Tax DollarsColorado Secretary of State · Sep 3, 2026
The Secretary of State's TRACER record for the issue committee Protect Colorado's Land, Communities, and Tax Dollars, registered Sept. 3, 2026, formed to oppose Proposition 137, with small reported contributions and spending.
Protect Colorado’s Land and Water, Prevent WildfiresColorado Secretary of State

Text of the measure

Be it Enacted by the People of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 24-77-110 as follows: 24-77-110. Declaration of the people of Colorado - retention of exempt sales tax revenue - conserve and protect Colorado’s water, land, and forests fund - determination and distribution of wildfire and conservation revenue. (1) THE VOTERS OF THE STATE OF COLORADO FIND AND DECLARE THAT: (a) WITHOUT RAISING TAXES, MORE CONSERVATION FUNDING IS NEEDED TO REDUCE THE RISK OF WILDFIRE AND CONSERVE AND PROTECT COLORADO’S WATER, LAND, PARKS, AND WILDLIFE; (b) RECENT WILDFIRES HAVE BEEN THE DEADLIEST AND MOST DESTRUCTIVE ON RECORD, WITH FOUR OF THE STATE’S LARGEST WILDFIRES IN HISTORY OCCURRING IN THE LAST FIVE YEARS, WHICH RESULTED IN THE DESTRUCTION OF 1.5 MILLION ACRES AND MORE THAN 1,900 HOMES AND HUNDREDS OF MILLIONS OF DOLLARS IN DAMAGES AND LOSSES; (c) COLORADO’S RIVERS, STREAMS, AND LAKES ARE THE LIFEBLOOD OF THE STATE, AND IT IS ESSENTIAL TO PRESERVE WATER QUALITY AND QUANTITY IN RIVERS, STREAMS, AND UNDERGROUND WATER SUPPLIES; (d) REDUCING THE RISK OF WILDFIRE CAN PROTECT COLORADO’S WATER, COMMUNITIES, LAND, WILDLIFE, AND OUTDOORS WAY OF LIFE; (e) THE COLORADO STATE FOREST SERVICE AND THE COLORADO DEPARTMENT OF NATURAL RESOURCES WORK IN PARTNERSHIP TO PROTECT COLORADO COMMUNITIES AND WATER BY REDUCING THE RISK OF WILDFIRE; (f) THE COLORADO STATE FOREST SERVICE DELIVERS SIGNIFICANT BENEFITS TO COLORADO BY ENSURING THE LONG-TERM HEALTH AND VITALITY OF COLORADO’S FORESTS AND WATERSHEDS, INCLUDING THROUGH FUNDING THAT EMPOWERS COMMUNITIES TO REDUCE THE RISK OF WILDFIRE TO PEOPLE, PROPERTY, AND INFRASTRUCTURE; PROMOTES FOREST HEALTH AND FOREST RESTORATION PROJECTS; AND ENCOURAGES THE USE OF WOOD FOR TRADITIONAL FOREST PRODUCTS AND BIOMASS ENERGY; (g) THE COLORADO DEPARTMENT OF NATURAL RESOURCES AND THE COLORADO WATER CONSERVATION BOARD PROVIDE CRITICAL FUNDING FOR WILDFIRE RISK REDUCTION , INCLUDING BY FUNDING LARGE-SCALE PROJECTS TO REDUCE THE AMOUNT OF POTENTIAL WILDFIRE FUEL; INVESTING IN WORKFORCE DEVELOPMENT WITH HANDS-ON EXPERIENCE AND TRAINING OPPORTUNITIES IN WILDFIRE MITIGATION AND FORESTRY; AND ASSISTING COMMUNITIES IN PLANNING FOR AND LESSENING THE LONG-TERM EFFECTS THAT WILDFIRES HAVE ON COLORADO’S WATER, WETLANDS, COMMUNITIES, AND INFRASTRUCTURE; (h) DESPITE THESE EXISTING INVESTMENTS, COLORADO’S FORESTS NEED ADDITIONAL FUNDING AND URGENT ATTENTION TO ADDRESS WILDFIRE RISK AND PROTECT WATERSHEDS AND FOREST HEALTH; (i) COLORADO’S GREAT OUTDOORS, WATER, AND WILDLIFE ARE AMONG THE STATE’S MOST TREASURED RESOURCES, ENHANCING COLORADANS’ QUALITY OF LIFE, CONTRIBUTING TO THE STATE’S ECONOMY, PROVIDING DIVERSE OPPORTUNITIES TO EXPERIENCE NATURE, AND SUPPORTING JOBS IN THE STATE; (j) DESPITE THE STATE’S RENOWNED BEAUTY AND VAST OPPORTUNITIES FOR YEAR-ROUND OUTDOOR ACTIVITIES, MANY COMMUNITIES IN COLORADO FACE OBSTACLES TO ACCESSING THE OUTDOORS AND THE SIGNIFICANT BENEFITS SPENDING TIME IN NATURE DELIVERS; (k) COLORADO HAS A LEGACY OF LAND CONSERVATION, INCLUDING THROUGH PARTNERSHIPS WITH PRIVATE LANDOWNERS TO PROTECT WORKING FARMS AND RANCHES AND TO MAINTAIN THE NATURAL AND AGRICULTURAL HERITAGE OF THE STATE, AND ALSO HAS WORLD‑CLASS STATE PARKS AND OTHER PUBLIC LANDS, ALL OF WHICH PROVIDE SIGNIFICANT BENEFITS TO COLORADO’S WATERS, WILDLIFE, AND PEOPLE; (l) COLORADO PARKS AND WILDLIFE WORKS TO ENSURE COLORADO’S OUTDOORS AND WILDLIFE ARE SUSTAINED FOR FUTURE GENERATIONS, INCLUDING TO CONSERVE VULNERABLE WILDLIFE SPECIES AND HABITATS AND TO MAINTAIN A HIGH-QUALITY STATE PARKS SYSTEM; (m) THE GREAT OUTDOORS COLORADO PROGRAM (GOCO), ESTABLISHED BY A VOTE OF THE PEOPLE OF COLORADO AND ENSHRINED IN ARTICLE XXVII OF THE STATE CONSTITUTION, IS DEDICATED TO THE PRESERVATION, PROTECTION, ENHANCEMENT, AND MANAGEMENT OF THE STATE’S WILDLIFE, PARK, RIVER, TRAIL, AND OPEN SPACE HERITAGE; (n) GOCO DELIVERS EXCEPTIONAL BENEFITS TO THE STATE BY INVESTING COLORADO LOTTERY REVENUE IN THE STATE’S WILDLIFE RESOURCES AND OUTDOORS THROUGH COLORADO PARKS AND WILDLIFE AND COMPETITIVE GRANTS TO PROTECT UNIQUE NATURAL LANDSCAPES AND TO MATCH LOCAL INVESTMENTS FOR OPEN SPACE, PARKS, AND ENVIRONMENTAL EDUCATION FACILITIES; (o) CREATED BY EXECUTIVE ORDER B-2020-08 IN 2020, THE COLORADO OUTDOOR REGIONAL PARTNERSHIPS INITIATIVE, WHICH RECEIVES FUNDING FROM GOCO AND COLORADO PARKS AND WILDLIFE, ADVANCES REGIONAL AND STATEWIDE COLLABORATION TO ENSURE THAT COLORADO’S WATER, LAND, AND WILDLIFE THRIVE WHILE ALSO ENHANCING EQUITABLE ACCESS TO QUALITY OUTDOOR EXPERIENCES; (p) FOLLOWING THE CREATION OF THE REGIONAL PARTNERSHIPS INITIATIVE, THE COLORADO OUTDOORS STRATEGY EMERGED FROM A MULTI-YEAR, COLLABORATIVE EFFORT WITH LOCAL, REGIONAL, AND STATE PARTICIPATION AND SERVES AS A VISION FOR FUTURE INVESTMENTS IN COLORADO’S OUTDOORS WITH THREE NORTH-STAR GOALS: CLIMATE RESILIENT CONSERVATION AND RESTORATION; EXCEPTIONAL AND SUSTAINABLE OUTDOOR RECREATION; AND COORDINATED PLANNING AND FUNDING; (q) THE OUTDOOR EQUITY GRANT PROGRAM, WITHIN COLORADO PARKS AND WILDLIFE, INCREASES ACCESS AND OPPORTUNITIES FOR YOUTH AND THEIR FAMILIES TO EXPERIENCE COLORADO’S OUTDOORS AND INVESTS, THROUGH GRANTS TO ORGANIZATIONS THAT PROVIDE TRANSFORMATIONAL CONSERVATION, OUTDOOR EDUCATION, AND EXPERIENTIAL LEARNING PROGRAMS, IN THE NEXT GENERATION OF COLORADANS LEARNING ABOUT THE IMPORTANCE OF OUR LAND AND WATER; (r) THE OUTDOOR RECREATION INDUSTRY OFFICE IN THE OFFICE OF ECONOMIC DEVELOPMENT WORKS TO SUPPORT THE ECONOMIC VALUE OF COLORADO’S OUTDOORS AND TO PROTECT AND CONSERVE OUR WATER, LAND, AIR, AND CLIMATE BY, AMONG OTHER EFFORTS, PROMOTING CONSERVATION, ECONOMIC DEVELOPMENT, EDUCATION, WORKFORCE TRAINING, AND PUBLIC HEALTH AND WELLNESS AND ADDRESSING THE CHRONIC AND SYSTEMIC INEQUITIES THAT PREVENT YOUTH AND COMMUNITIES FROM ENGAGING IN MEANINGFUL EXPERIENCES IN THE OUTDOORS; AND (s) WITHOUT RAISING TAXES OR CHANGING THE COST OF SPORTING GOODS AND EQUIPMENT, COLORADO VOTERS DIRECT THE INVESTMENT OF MORE CONSERVATION FUNDING BY ALLOWING THE STATE TO RETAIN THE REVENUE GENERATED FROM THE EXISTING STATE SALES TAX ON SPORTING GOODS AND EQUIPMENT AND DIRECTING THAT AMOUNT OF MONEY TO THE COLORADO WILDFIRE PROTECTION AND WATER FUND TO HELP THE COLORADO STATE FOREST SERVICE AND THE COLORADO DEPARTMENT OF NATURAL RESOURCES PROTECT COMMUNITIES AND WATER BY REDUCING THE RISK OF WILDFIRE; TO GOCO TO PRESERVE, PROTECT, ENHANCE, AND MANAGE THE STATE’S WILDLIFE, PARK, RIVER, TRAIL, AND OPEN SPACE HERITAGE; TO THE OUTDOOR EQUITY GRANT PROGRAM TO IMPROVE ACCESS TO THE OUTDOORS FOR YOUTH AND FAMILIES; AND TO THE OUTDOOR RECREATION INDUSTRY OFFICE TO INVEST IN WORKFORCE DEVELOPMENT AND OTHER OPPORTUNITIES TO PARTICIPATE IN AND CONTRIBUTE TO COLORADO’S OUTDOORS ECONOMY. (2)(a) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COMMENCING ON JULY 1, 2027, ALL STATE SALES TAX REVENUES COLLECTED FROM CERTAIN SPORTING GOODS AND EQUIPMENT SHALL CONSTITUTE A VOTER-APPROVED REVENUE CHANGE UNDER SECTION 20(7)(d) OF ARTICLE X OF THE STATE CONSTITUTION, AS AN EXCEPTION TO THE LIMITS THAT WOULD OTHERWISE APPLY WITHOUT LIMITING OR AFFECTING THE COLLECTION OR SPENDING OF OTHER REVENUES. (b) THE REVENUE RESULTING FROM THE VOTER-APPROVED REVENUE CHANGE CREATED BY THIS SECTION SHALL BE EXEMPT REVENUE KNOWN AS “WILDFIRE AND CONSERVATION REVENUE”. FOR THE PURPOSES OF THIS SECTION, “EXEMPT REVENUE” MEANS, FOR THE APPLICABLE STATE FISCAL YEAR, REVENUE EXEMPT FROM THE LIMITATION ON STATE FISCAL YEAR SPENDING. (3) THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND IS HEREBY CREATED IN THE STATE TREASURY. (a) THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND. (b) ALL INTEREST AND INCOME EARNED ON THE DEPOSIT AND INVESTMENT OF MONEY IN THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND IS CREDITED TO THE FUND AND IS NOT TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND AT THE END OF ANY FISCAL YEAR. (c) ON JULY 1, 2027 FOR THE 2027-28 STATE FISCAL YEAR, AND ON JULY 1 FOR EACH STATE FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER FROM THE GENERAL FUND TO THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND AN AMOUNT EQUAL TO THE WILDFIRE AND CONSERVATION REVENUE DETERMINED PURSUANT TO THE CALCULATIONS IN SUBSECTION (4) OF THIS SECTION. (d) MONEY IN THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND SHALL SUPPLEMENT, NOT SUPPLANT, EXISTING FUNDING FOR THE FUNDS IN SUBSECTIONS (3)(d)(I), (3)(d)(II), (3)(d)(III), AND (3)(d)(IV) OF THIS SECTION AND BE CREDITED AS FOLLOWS: (I) FORTY-SEVEN AND FIVE-TENTHS PERCENT TO THE GREAT OUTDOORS COLORADO TRUST FUND CREATED AND ESTABLISHED BY SECTION 2 OF ARTICLE XXVII OF THE STATE CONSTITUTION FOR THE PURPOSES OF SUCH ARTICLE AND TO BE MAINTAINED AND EXPENDED PURSUANT TO SUCH ARTICLE; (II) FORTY-SEVEN AND FIVE-TENTHS PERCENT TO THE COLORADO WILDFIRE PREVENTION AND WATER FUND CREATED IN SECTION 24-33-119 TO PROTECT COMMUNITIES AND WATER SOURCES FROM WILDFIRE; (III) TWO AND FIVE-TENTHS PERCENT TO THE OUTDOOR EQUITY FUND CREATED IN SECTION 33-9-206(1)(a); AND (IV) TWO AND FIVE-TENTHS PERCENT TO THE OUTDOOR RECREATION ECONOMIC DEVELOPMENT CASH FUND CREATED IN SECTION 24-48.5-129(4)(a) FOR THE PURPOSE OF PROVIDING GRANTS IN FURTHERANCE OF THE PURPOSES LISTED IN SECTION 24-48.5-129 (3)(c) AND (3)(d). (4) THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE GENERATED AND AVAILABLE FOR DISTRIBUTION PURSUANT TO THIS SECTION SHALL BE DETERMINED AS FOLLOWS : (a) NO LATER THAN MARCH 15, 2027, FOR THE 2027-28 STATE FISCAL YEAR, LEGISLATIVE COUNCIL STAFF SHALL DETERMINE THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE BASED ON THE UNITED STATES CENSUS BUREAU 2022 ECONOMIC CENSUS DATA CONTAINED IN TABLE NUMBER EC2200NAPCSINDPRD AND PURSUANT TO THE FOLLOWING METHODOLOGY: (I) COLLECT THE COLORADO AND NATIONAL TOTAL SALES, VALUE OF SHIPMENTS, OR REVENUES FROM THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE 44-45 FOR RETAIL TRADE; (II) COLLECT THE TOTAL SALES, VALUE OF SHIPMENTS, OR REVENUES IN NAICS CODE 44- 45 FOR RETAIL TRADE FOR EACH NORTH AMERICAN PRODUCT CLASSIFICATION SYSTEM (NAPCS) PRODUCT IN COLORADO AND THE NATION FOR THE NAPCS SPORTING GOODS AND EQUIPMENT PRODUCTS WITH THE FOLLOWING CODES USED IN THE 2022 ECONOMIC CENSUS TABLE: 5001025000, 5001050000, 5001075000, 5001105000, 5001150000, 5001175000, 5001300000, 5001700000, AND 7001800000; (III) DIVIDE: (A) THE TOTAL DOLLAR AMOUNT FOR EACH NAPCS PRODUCT CODE IN COLORADO IN SUBSECTION (4)(a)(II) OF THIS SECTION BY THE TOTAL DOLLAR AMOUNT FOR THE ENTIRE NAICS CODE 44-45 FOR RETAIL TRADE IN COLORADO IN SUBSECTION (4)(a)(I) OF THIS SECTION IN ORDER TO DETERMINE THE PERCENT OF TOTAL RETAIL TRADE SALES THAT ARE SPORTING GOODS AND EQUIPMENT SALES FOR COLORADO; AND (B) THE TOTAL DOLLAR AMOUNT FOR EACH NAPCS PRODUCT CODE IN THE NATION IN SUBSECTION (4)(a)(II) OF THIS SECTION BY THE TOTAL DOLLAR AMOUNT FOR THE ENTIRE NAICS CODE 44-45 FOR RETAIL TRADE IN THE NATION IN SUBSECTION (4)(a)(I) OF THIS SECTION IN ORDER TO DETERMINE THE PERCENT OF TOTAL RETAIL TRADE SALES THAT ARE SPORTING GOODS AND EQUIPMENT SALES FOR THE NATION; (IV) MULTIPLY: (A) EACH COLORADO NAPCS PRODUCT CODE PERCENTAGE IN SUBSECTION (4)(a)(III)(A) OF THIS SECTION BY THE COLORADO DEPARTMENT OF REVENUE GROSS ANNUAL SALES FROM THE MOST RECENTLY AVAILABLE TAX YEAR FOR THE NAICS CODE 44-45 FOR RETAIL TRADE TO DETERMINE THE ESTIMATE OF TAXABLE SPORTING GOODS AND EQUIPMENT SALES IN COLORADO; AND (B) AS A SUBSTITUTE FOR ANY COLORADO NAPCS PRODUCT CODE IN NAICS CODE 44-45 FOR RETAIL TRADE WITH A DATA NONDISCLOSURE FLAG FOR THE TOTAL SALES, VALUE OF SHIPMENTS, OR REVENUES IN TABLE NUMBER EC2200NAPCSINDPRD, THE NATIONAL NAPCS PRODUCT CODE PERCENTAGE IN PERCENTAGE IN SUBSECTION (4)(a)(III)(B) OF THIS SECTION BY THE COLORADO DEPARTMENT OF REVENUE GROSS ANNUAL SALES FROM THE MOST RECENTLY AVAILABLE TAX YEAR FOR THE NAICS CODE 44-45 FOR RETAIL TRADE; AND (V) MULTIPLY THE TOTAL TAXABLE SALES FROM SPORTING GOODS AND EQUIPMENT DETERMINED IN SUBSECTION (4)(a)(IV) OF THIS SECTION BY THE STATE SALES TAX RATE TO DETERMINE THE AMOUNT OF WILDLIFE AND CONSERVATION REVENUE. (b) FOR THE 2027-28 STATE FISCAL YEAR, THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE DETERMINED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION SHALL BE CONSIDERED EXEMPT REVENUE AVAILABLE FOR DISTRIBUTION PURSUANT TO SUBSECTION (3) OF THIS SECTION. (c) FOR FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 2028, THE QUARTERLY DECEMBER REVENUE FORECAST PREPARED BY LEGISLATIVE COUNCIL STAFF SHALL DETERMINE THE ADJUSTMENT TO THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE GENERATED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION FOR THE UPCOMING FISCAL YEAR. IN DETERMINING THE ADJUSTED ANNUAL AMOUNT, LEGISLATIVE COUNCIL STAFF SHALL CONSIDER, AT A MINIMUM, WHETHER: (I) DATA USED IN SUBSECTION (4)(a) OF THIS SECTION HAS BEEN UPDATED; (II) ACTUAL RECEIPTS OF SALES TAX REVENUE FOR THE NAPCS CODES IN SUBSECTION (4)(a) OF THIS SECTION OR SUCCESSOR CODES ARE AVAILABLE; OR (III) LEGISLATIVE COUNCIL STAFF HAS PREPARED AN ALTERNATIVE RELIABLE ESTIMATE OF STATEWIDE SALES TAX REVENUE RECEIVED FROM THE SPORTING GOODS AND EQUIPMENT REFLECTED IN THE NAPCS CODES IN SUBSECTION (4)(a) OF THIS SECTION OR SUCCESSOR CODES. (d) FOR FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 2028, THE WILDFIRE AND CONSERVATION REVENUE IS SUBJECT TO REDUCTION IF IT IS DETERMINED THAT EXEMPTION OF THE FULL AMOUNT OF WILDFIRE AND CONSERVATION REVENUE, AS DETERMINED IN SUBSECTION (4)(c) OF THIS SECTION, WOULD CAUSE A REDUCTION IN THE CREDIT AMOUNT AVAILABLE FOR EITHER THE FAMILY AFFORDABILITY TAX CREDIT, PURSUANT TO SECTION 39-22-130(6), OR THE EARNED INCOME TAX CREDIT, PURSUANT TO 39-22-123.5(3.5)(c). SUCH DETERMINATION SHALL BE MADE IN EITHER THE QUARTERLY DECEMBER REVENUE FORECAST PREPARED BY LEGISLATIVE COUNCIL STAFF OR THE QUARTERLY DECEMBER REVENUE FORECAST PREPARED BY THE OFFICE OF STATE PLANNING AND BUDGETING IN THE DECEMBER IMMEDIATELY PRECEDING THE APPLICABLE STATE FISCAL YEAR, AS DETERMINED BY WHICH IMMEDIATELY PRECEDING MARCH FORECAST THE JOINT BUDGET COMMITTEE USED IN THE PREPARATION OF THE STATE BUDGET. IF SUCH A REDUCTION IS NECESSARY, LEGISLATIVE COUNCIL STAFF OR THE OFFICE OF STATE PLANNING AND BUDGETING SHALL CALCULATE THE MAXIMUM AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT CAN BE CONSIDERED EXEMPT REVENUE WITHOUT RESULTING IN A REDUCTION OF THE CREDIT AMOUNT AVAILABLE FOR THE FAMILY AFFORDABILITY TAX CREDIT, PURSUANT TO SECTION 39-22-130(6), OR THE EARNED INCOME TAX CREDIT, PURSUANT TO 39-22-123.5(3.5)(c). (e) LEGISLATIVE COUNCIL STAFF OR THE OFFICE OF STATE PLANNING AND BUDGETING SHALL SUBMIT TO THE STATE TREASURER THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT SHALL BE TRANSFERRED AND AVAILABLE FOR DISTRIBUTION PURSUANT TO SUBSECTION (3) OF THIS SECTION AS FOLLOWS: (I) FOR THE 2027-28 STATE FISCAL YEAR, THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT RESULTS FROM THE DETERMINATION MADE IN SUBSECTION (4)(a) OF THIS SECTION; AND (II) FOR THE 2028-29 STATE FISCAL YEAR AND FOR ALL SUBSEQUENT STATE FISCAL YEARS, THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT RESULTS FROM THE DETERMINATIONS MADE IN SUBSECTIONS (4)(c) AND (4)(d) OF THIS SECTION. SECTION 2. In Colorado Revised Statutes, add 24-33-119 as follows: 24-33-119. Colorado wildfire prevention and water fund - disposition of money. (1) THE COLORADO WILDFIRE PREVENTION AND WATER FUND IS HEREBY CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE FUND PURSUANT TO SECTION 24-77- 110 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND. ALL MONEY IN THE FUND AT THE END OF EACH FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. (2) AFTER THE STATE TREASURER TRANSFERS AND CREDITS THE WILDFIRE AND CONSERVATION REVENUE PURSUANT TO SECTION 24-77-110 (3)(c) AND (3)(d), ON JULY 1, 2027, FOR THE 2027-28 STATE FISCAL YEAR, THE STATE TREASURER SHALL TRANSFER MONEY IN THE FUND AS FOLLOWS: (a) TEN MILLION DOLLARS TO THE PRESCRIBED FIRE CLAIMS CASH FUND CREATED IN SECTION 24-33.5-1240(2)(a); (b) FIFTY PERCENT OF THE MONEY REMAINING AFTER THE TRANSFER PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION TO THE FOREST RESTORATION AND WILDFIRE RISK MITIGATION GRANT PROGRAM CASH FUND CREATED IN SECTION 23-31-310(8.5) AND THE HEALTHY FORESTS AND VIBRANT COMMUNITIES FUND CREATED IN SECTION 23-31-313(10), WITH THE STATE FORESTER TO DETERMINE THE AMOUNT TO BE TRANSFERRED TO EACH FUND; AND (c) THE OTHER FIFTY PERCENT OF THE MONEY REMAINING AFTER THE TRANSFER PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION TO THE WILDFIRE MITIGATION CAPACITY DEVELOPMENT FUND CREATED IN SECTION 24-33-117(1) AND THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION 37-60-121 FOR THE PURPOSES SPECIFIED IN SECTION 37-60-121(11)(b)(II), WITH THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO DETERMINE THE AMOUNT TO BE TRANSFERRED TO EACH FUND . (3) AFTER THE STATE TREASURER TRANSFERS AND CREDITS THE WILDFIRE AND CONSERVATION REVENUE PURSUANT TO SECTION 24-77-110 (3)(c) AND (3)(d), ON JULY 1, 2028, FOR THE 2028-29 STATE FISCAL YEAR, AND ON JULY 1 FOR EACH STATE FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL CREDIT MONEY IN THE FUND AS FOLLOWS: (a) FIFTY PERCENT OF THE MONEY TO THE FOREST RESTORATION AND WILDFIRE RISK MITIGATION GRANT PROGRAM CASH FUND CREATED IN SECTION 23-31-310(8.5) AND THE HEALTHY FORESTS AND VIBRANT COMMUNITIES FUND CREATED IN SECTION 23-31-313(10), WITH THE STATE FORESTER TO DETERMINE THE AMOUNT TO BE CREDITED TO EACH FUND; AND (b) FIFTY PERCENT OF THE MONEY TO THE WILDFIRE MITIGATION CAPACITY DEVELOPMENT FUND CREATED IN SECTION 24-33-117(1) AND THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION 37-60-121 FOR THE PURPOSES SPECIFIED IN SECTION 37-60-121(11)(b)(II), WITH THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO DETERMINE THE AMOUNT TO BE CREDITED TO EACH FUND.

(1) THE VOTERS OF THE STATE OF COLORADO FIND AND DECLARE THAT: (a) WITHOUT RAISING TAXES, MORE CONSERVATION FUNDING IS NEEDED TO REDUCE THE RISK OF WILDFIRE AND CONSERVE AND PROTECT COLORADO’S WATER, LAND, PARKS, AND WILDLIFE;

(b) RECENT WILDFIRES HAVE BEEN THE DEADLIEST AND MOST DESTRUCTIVE ON RECORD, WITH FOUR OF THE STATE’S LARGEST WILDFIRES IN HISTORY OCCURRING IN THE LAST FIVE YEARS, WHICH RESULTED IN THE DESTRUCTION OF 1.5 MILLION ACRES AND MORE THAN 1,900 HOMES AND HUNDREDS OF MILLIONS OF DOLLARS IN DAMAGES AND LOSSES;

(c) COLORADO’S RIVERS, STREAMS, AND LAKES ARE THE LIFEBLOOD OF THE STATE, AND IT IS ESSENTIAL TO PRESERVE WATER QUALITY AND QUANTITY IN RIVERS, STREAMS, AND UNDERGROUND WATER SUPPLIES;

(d) REDUCING THE RISK OF WILDFIRE CAN PROTECT COLORADO’S WATER, COMMUNITIES, LAND, WILDLIFE, AND OUTDOORS WAY OF LIFE;

(e) THE COLORADO STATE FOREST SERVICE AND THE COLORADO DEPARTMENT OF NATURAL RESOURCES WORK IN PARTNERSHIP TO PROTECT COLORADO COMMUNITIES AND WATER BY REDUCING THE RISK OF WILDFIRE;

(f) THE COLORADO STATE FOREST SERVICE DELIVERS SIGNIFICANT BENEFITS TO COLORADO BY ENSURING THE LONG-TERM HEALTH AND VITALITY OF COLORADO’S FORESTS AND WATERSHEDS, INCLUDING THROUGH FUNDING THAT EMPOWERS COMMUNITIES TO REDUCE THE RISK OF WILDFIRE TO PEOPLE, PROPERTY, AND INFRASTRUCTURE;

PROMOTES FOREST HEALTH AND FOREST RESTORATION PROJECTS;

AND ENCOURAGES THE USE OF WOOD FOR TRADITIONAL FOREST PRODUCTS AND BIOMASS ENERGY;

(g) THE COLORADO DEPARTMENT OF NATURAL RESOURCES AND THE COLORADO WATER CONSERVATION BOARD PROVIDE CRITICAL FUNDING FOR WILDFIRE RISK REDUCTION , INCLUDING BY FUNDING LARGE-SCALE PROJECTS TO REDUCE THE AMOUNT OF POTENTIAL WILDFIRE FUEL;

INVESTING IN WORKFORCE DEVELOPMENT WITH HANDS-ON EXPERIENCE AND TRAINING OPPORTUNITIES IN WILDFIRE MITIGATION AND FORESTRY;

AND ASSISTING COMMUNITIES IN PLANNING FOR AND LESSENING THE LONG-TERM EFFECTS THAT WILDFIRES HAVE ON COLORADO’S WATER, WETLANDS, COMMUNITIES, AND INFRASTRUCTURE;

(h) DESPITE THESE EXISTING INVESTMENTS, COLORADO’S FORESTS NEED ADDITIONAL FUNDING AND URGENT ATTENTION TO ADDRESS WILDFIRE RISK AND PROTECT WATERSHEDS AND FOREST HEALTH;

(i) COLORADO’S GREAT OUTDOORS, WATER, AND WILDLIFE ARE AMONG THE STATE’S MOST TREASURED RESOURCES, ENHANCING COLORADANS’ QUALITY OF LIFE, CONTRIBUTING TO THE STATE’S ECONOMY, PROVIDING DIVERSE OPPORTUNITIES TO EXPERIENCE NATURE, AND SUPPORTING JOBS IN THE STATE;

(j) DESPITE THE STATE’S RENOWNED BEAUTY AND VAST OPPORTUNITIES FOR YEAR-ROUND OUTDOOR ACTIVITIES, MANY COMMUNITIES IN COLORADO FACE OBSTACLES TO ACCESSING THE OUTDOORS AND THE SIGNIFICANT BENEFITS SPENDING TIME IN NATURE DELIVERS;

(k) COLORADO HAS A LEGACY OF LAND CONSERVATION, INCLUDING THROUGH PARTNERSHIPS WITH PRIVATE LANDOWNERS TO PROTECT WORKING FARMS AND RANCHES AND TO MAINTAIN THE NATURAL AND AGRICULTURAL HERITAGE OF THE STATE, AND ALSO HAS WORLD‑CLASS STATE PARKS AND OTHER PUBLIC LANDS, ALL OF WHICH PROVIDE SIGNIFICANT BENEFITS TO COLORADO’S WATERS, WILDLIFE, AND PEOPLE;

(l) COLORADO PARKS AND WILDLIFE WORKS TO ENSURE COLORADO’S OUTDOORS AND WILDLIFE ARE SUSTAINED FOR FUTURE GENERATIONS, INCLUDING TO CONSERVE VULNERABLE WILDLIFE SPECIES AND HABITATS AND TO MAINTAIN A HIGH-QUALITY STATE PARKS SYSTEM;

(m) THE GREAT OUTDOORS COLORADO PROGRAM (GOCO), ESTABLISHED BY A VOTE OF THE PEOPLE OF COLORADO AND ENSHRINED IN ARTICLE XXVII OF THE STATE CONSTITUTION, IS DEDICATED TO THE PRESERVATION, PROTECTION, ENHANCEMENT, AND MANAGEMENT OF THE STATE’S WILDLIFE, PARK, RIVER, TRAIL, AND OPEN SPACE HERITAGE;

(n) GOCO DELIVERS EXCEPTIONAL BENEFITS TO THE STATE BY INVESTING COLORADO LOTTERY REVENUE IN THE STATE’S WILDLIFE RESOURCES AND OUTDOORS THROUGH COLORADO PARKS AND WILDLIFE AND COMPETITIVE GRANTS TO PROTECT UNIQUE NATURAL LANDSCAPES AND TO MATCH LOCAL INVESTMENTS FOR OPEN SPACE, PARKS, AND ENVIRONMENTAL EDUCATION FACILITIES;

(o) CREATED BY EXECUTIVE ORDER B-2020-08 IN 2020, THE COLORADO OUTDOOR REGIONAL PARTNERSHIPS INITIATIVE, WHICH RECEIVES FUNDING FROM GOCO AND COLORADO PARKS AND WILDLIFE, ADVANCES REGIONAL AND STATEWIDE COLLABORATION TO ENSURE THAT COLORADO’S WATER, LAND, AND WILDLIFE THRIVE WHILE ALSO ENHANCING EQUITABLE ACCESS TO QUALITY OUTDOOR EXPERIENCES;

(p) FOLLOWING THE CREATION OF THE REGIONAL PARTNERSHIPS INITIATIVE, THE COLORADO OUTDOORS STRATEGY EMERGED FROM A MULTI-YEAR, COLLABORATIVE EFFORT WITH LOCAL, REGIONAL, AND STATE PARTICIPATION AND SERVES AS A VISION FOR FUTURE INVESTMENTS IN COLORADO’S OUTDOORS WITH THREE NORTH-STAR GOALS: CLIMATE RESILIENT CONSERVATION AND RESTORATION;

EXCEPTIONAL AND SUSTAINABLE OUTDOOR RECREATION;

AND COORDINATED PLANNING AND FUNDING;

(q) THE OUTDOOR EQUITY GRANT PROGRAM, WITHIN COLORADO PARKS AND WILDLIFE, INCREASES ACCESS AND OPPORTUNITIES FOR YOUTH AND THEIR FAMILIES TO EXPERIENCE COLORADO’S OUTDOORS AND INVESTS, THROUGH GRANTS TO ORGANIZATIONS THAT PROVIDE TRANSFORMATIONAL CONSERVATION, OUTDOOR EDUCATION, AND EXPERIENTIAL LEARNING PROGRAMS, IN THE NEXT GENERATION OF COLORADANS LEARNING ABOUT THE IMPORTANCE OF OUR LAND AND WATER;

(r) THE OUTDOOR RECREATION INDUSTRY OFFICE IN THE OFFICE OF ECONOMIC DEVELOPMENT WORKS TO SUPPORT THE ECONOMIC VALUE OF COLORADO’S OUTDOORS AND TO PROTECT AND CONSERVE OUR WATER, LAND, AIR, AND CLIMATE BY, AMONG OTHER EFFORTS, PROMOTING CONSERVATION, ECONOMIC DEVELOPMENT, EDUCATION, WORKFORCE TRAINING, AND PUBLIC HEALTH AND WELLNESS AND ADDRESSING THE CHRONIC AND SYSTEMIC INEQUITIES THAT PREVENT YOUTH AND COMMUNITIES FROM ENGAGING IN MEANINGFUL EXPERIENCES IN THE OUTDOORS;

AND (s) WITHOUT RAISING TAXES OR CHANGING THE COST OF SPORTING GOODS AND EQUIPMENT, COLORADO VOTERS DIRECT THE INVESTMENT OF MORE CONSERVATION FUNDING BY ALLOWING THE STATE TO RETAIN THE REVENUE GENERATED FROM THE EXISTING STATE SALES TAX ON SPORTING GOODS AND EQUIPMENT AND DIRECTING THAT AMOUNT OF MONEY TO THE COLORADO WILDFIRE PROTECTION AND WATER FUND TO HELP THE COLORADO STATE FOREST SERVICE AND THE COLORADO DEPARTMENT OF NATURAL RESOURCES PROTECT COMMUNITIES AND WATER BY REDUCING THE RISK OF WILDFIRE;

TO GOCO TO PRESERVE, PROTECT, ENHANCE, AND MANAGE THE STATE’S WILDLIFE, PARK, RIVER, TRAIL, AND OPEN SPACE HERITAGE;

TO THE OUTDOOR EQUITY GRANT PROGRAM TO IMPROVE ACCESS TO THE OUTDOORS FOR YOUTH AND FAMILIES;

AND TO THE OUTDOOR RECREATION INDUSTRY OFFICE TO INVEST IN WORKFORCE DEVELOPMENT AND OTHER OPPORTUNITIES TO PARTICIPATE IN AND CONTRIBUTE TO COLORADO’S OUTDOORS ECONOMY.

(2)(a) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, COMMENCING ON JULY 1, 2027, ALL STATE SALES TAX REVENUES COLLECTED FROM CERTAIN SPORTING GOODS AND EQUIPMENT SHALL CONSTITUTE A VOTER-APPROVED REVENUE CHANGE UNDER SECTION 20(7)(d) OF ARTICLE X OF THE STATE CONSTITUTION, AS AN EXCEPTION TO THE LIMITS THAT WOULD OTHERWISE APPLY WITHOUT LIMITING OR AFFECTING THE COLLECTION OR SPENDING OF OTHER REVENUES.

(b) THE REVENUE RESULTING FROM THE VOTER-APPROVED REVENUE CHANGE CREATED BY THIS SECTION SHALL BE EXEMPT REVENUE KNOWN AS “WILDFIRE AND CONSERVATION REVENUE”.

FOR THE PURPOSES OF THIS SECTION, “EXEMPT REVENUE” MEANS, FOR THE APPLICABLE STATE FISCAL YEAR, REVENUE EXEMPT FROM THE LIMITATION ON STATE FISCAL YEAR SPENDING.

(3) THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND IS HEREBY CREATED IN THE STATE TREASURY.

(a) THE FUND CONSISTS OF MONEY TRANSFERRED TO THE FUND PURSUANT TO SUBSECTION (3)(c) OF THIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.

(b) ALL INTEREST AND INCOME EARNED ON THE DEPOSIT AND INVESTMENT OF MONEY IN THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND IS CREDITED TO THE FUND AND IS NOT TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND AT THE END OF ANY FISCAL YEAR.

(c) ON JULY 1, 2027 FOR THE 2027-28 STATE FISCAL YEAR, AND ON JULY 1 FOR EACH STATE FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL TRANSFER FROM THE GENERAL FUND TO THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND AN AMOUNT EQUAL TO THE WILDFIRE AND CONSERVATION REVENUE DETERMINED PURSUANT TO THE CALCULATIONS IN SUBSECTION (4) OF THIS SECTION.

(d) MONEY IN THE CONSERVE AND PROTECT COLORADO’S WATER, LAND, AND FORESTS FUND SHALL SUPPLEMENT, NOT SUPPLANT, EXISTING FUNDING FOR THE FUNDS IN SUBSECTIONS (3)(d)(I), (3)(d)(II), (3)(d)(III), AND (3)(d)(IV) OF THIS SECTION AND BE CREDITED AS FOLLOWS: (I) FORTY-SEVEN AND FIVE-TENTHS PERCENT TO THE GREAT OUTDOORS COLORADO TRUST FUND CREATED AND ESTABLISHED BY SECTION 2 OF ARTICLE XXVII OF THE STATE CONSTITUTION FOR THE PURPOSES OF SUCH ARTICLE AND TO BE MAINTAINED AND EXPENDED PURSUANT TO SUCH ARTICLE; (II) FORTY-SEVEN AND FIVE-TENTHS PERCENT TO THE COLORADO WILDFIRE PREVENTION AND WATER FUND CREATED IN SECTION 24-33-119 TO PROTECT COMMUNITIES AND WATER SOURCES FROM WILDFIRE; (III) TWO AND FIVE-TENTHS PERCENT TO THE OUTDOOR EQUITY FUND CREATED IN SECTION 33-9-206(1)(a);

AND (IV) TWO AND FIVE-TENTHS PERCENT TO THE OUTDOOR RECREATION ECONOMIC DEVELOPMENT CASH FUND CREATED IN SECTION 24-48.5-129(4)(a) FOR THE PURPOSE OF PROVIDING GRANTS IN FURTHERANCE OF THE PURPOSES LISTED IN SECTION 24-48.5-129 (3)(c) AND (3)(d).

(4) THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE GENERATED AND AVAILABLE FOR DISTRIBUTION PURSUANT TO THIS SECTION SHALL BE DETERMINED AS FOLLOWS : (a) NO LATER THAN MARCH 15, 2027, FOR THE 2027-28 STATE FISCAL YEAR, LEGISLATIVE COUNCIL STAFF SHALL DETERMINE THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE BASED ON THE UNITED STATES CENSUS BUREAU 2022 ECONOMIC CENSUS DATA CONTAINED IN TABLE NUMBER EC2200NAPCSINDPRD AND PURSUANT TO THE FOLLOWING METHODOLOGY: (I) COLLECT THE COLORADO AND NATIONAL TOTAL SALES, VALUE OF SHIPMENTS, OR REVENUES FROM THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE 44-45 FOR RETAIL TRADE; (II) COLLECT THE TOTAL SALES, VALUE OF SHIPMENTS, OR REVENUES IN NAICS CODE 44- 45 FOR RETAIL TRADE FOR EACH NORTH AMERICAN PRODUCT CLASSIFICATION SYSTEM (NAPCS) PRODUCT IN COLORADO AND THE NATION FOR THE NAPCS SPORTING GOODS AND EQUIPMENT PRODUCTS WITH THE FOLLOWING CODES USED IN THE 2022 ECONOMIC CENSUS TABLE: 5001025000, 5001050000, 5001075000, 5001105000, 5001150000, 5001175000, 5001300000, 5001700000, AND 7001800000; (III) DIVIDE: (A) THE TOTAL DOLLAR AMOUNT FOR EACH NAPCS PRODUCT CODE IN COLORADO IN SUBSECTION (4)(a)(II) OF THIS SECTION BY THE TOTAL DOLLAR AMOUNT FOR THE ENTIRE NAICS CODE 44-45 FOR RETAIL TRADE IN COLORADO IN SUBSECTION (4)(a)(I) OF THIS SECTION IN ORDER TO DETERMINE THE PERCENT OF TOTAL RETAIL TRADE SALES THAT ARE SPORTING GOODS AND EQUIPMENT SALES FOR COLORADO;

AND (B) THE TOTAL DOLLAR AMOUNT FOR EACH NAPCS PRODUCT CODE IN THE NATION IN SUBSECTION (4)(a)(II) OF THIS SECTION BY THE TOTAL DOLLAR AMOUNT FOR THE ENTIRE NAICS CODE 44-45 FOR RETAIL TRADE IN THE NATION IN SUBSECTION (4)(a)(I) OF THIS SECTION IN ORDER TO DETERMINE THE PERCENT OF TOTAL RETAIL TRADE SALES THAT ARE SPORTING GOODS AND EQUIPMENT SALES FOR THE NATION; (IV) MULTIPLY: (A) EACH COLORADO NAPCS PRODUCT CODE PERCENTAGE IN SUBSECTION (4)(a)(III)(A) OF THIS SECTION BY THE COLORADO DEPARTMENT OF REVENUE GROSS ANNUAL SALES FROM THE MOST RECENTLY AVAILABLE TAX YEAR FOR THE NAICS CODE 44-45 FOR RETAIL TRADE TO DETERMINE THE ESTIMATE OF TAXABLE SPORTING GOODS AND EQUIPMENT SALES IN COLORADO;

AND (B) AS A SUBSTITUTE FOR ANY COLORADO NAPCS PRODUCT CODE IN NAICS CODE 44-45 FOR RETAIL TRADE WITH A DATA NONDISCLOSURE FLAG FOR THE TOTAL SALES, VALUE OF SHIPMENTS, OR REVENUES IN TABLE NUMBER EC2200NAPCSINDPRD, THE NATIONAL NAPCS PRODUCT CODE PERCENTAGE IN PERCENTAGE IN SUBSECTION (4)(a)(III)(B) OF THIS SECTION BY THE COLORADO DEPARTMENT OF REVENUE GROSS ANNUAL SALES FROM THE MOST RECENTLY AVAILABLE TAX YEAR FOR THE NAICS CODE 44-45 FOR RETAIL TRADE;

AND (V) MULTIPLY THE TOTAL TAXABLE SALES FROM SPORTING GOODS AND EQUIPMENT DETERMINED IN SUBSECTION (4)(a)(IV) OF THIS SECTION BY THE STATE SALES TAX RATE TO DETERMINE THE AMOUNT OF WILDLIFE AND CONSERVATION REVENUE.

(b) FOR THE 2027-28 STATE FISCAL YEAR, THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE DETERMINED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION SHALL BE CONSIDERED EXEMPT REVENUE AVAILABLE FOR DISTRIBUTION PURSUANT TO SUBSECTION (3) OF THIS SECTION.

(c) FOR FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 2028, THE QUARTERLY DECEMBER REVENUE FORECAST PREPARED BY LEGISLATIVE COUNCIL STAFF SHALL DETERMINE THE ADJUSTMENT TO THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE GENERATED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION FOR THE UPCOMING FISCAL YEAR.

IN DETERMINING THE ADJUSTED ANNUAL AMOUNT, LEGISLATIVE COUNCIL STAFF SHALL CONSIDER, AT A MINIMUM, WHETHER: (I) DATA USED IN SUBSECTION (4)(a) OF THIS SECTION HAS BEEN UPDATED; (II) ACTUAL RECEIPTS OF SALES TAX REVENUE FOR THE NAPCS CODES IN SUBSECTION (4)(a) OF THIS SECTION OR SUCCESSOR CODES ARE AVAILABLE; OR (III) LEGISLATIVE COUNCIL STAFF HAS PREPARED AN ALTERNATIVE RELIABLE ESTIMATE OF STATEWIDE SALES TAX REVENUE RECEIVED FROM THE SPORTING GOODS AND EQUIPMENT REFLECTED IN THE NAPCS CODES IN SUBSECTION (4)(a) OF THIS SECTION OR SUCCESSOR CODES.

(d) FOR FISCAL YEARS COMMENCING ON AND AFTER JULY 1, 2028, THE WILDFIRE AND CONSERVATION REVENUE IS SUBJECT TO REDUCTION IF IT IS DETERMINED THAT EXEMPTION OF THE FULL AMOUNT OF WILDFIRE AND CONSERVATION REVENUE, AS DETERMINED IN SUBSECTION (4)(c) OF THIS SECTION, WOULD CAUSE A REDUCTION IN THE CREDIT AMOUNT AVAILABLE FOR EITHER THE FAMILY AFFORDABILITY TAX CREDIT, PURSUANT TO SECTION 39-22-130(6), OR THE EARNED INCOME TAX CREDIT, PURSUANT TO 39-22-123.5(3.5)(c).

SUCH DETERMINATION SHALL BE MADE IN EITHER THE QUARTERLY DECEMBER REVENUE FORECAST PREPARED BY LEGISLATIVE COUNCIL STAFF OR THE QUARTERLY DECEMBER REVENUE FORECAST PREPARED BY THE OFFICE OF STATE PLANNING AND BUDGETING IN THE DECEMBER IMMEDIATELY PRECEDING THE APPLICABLE STATE FISCAL YEAR, AS DETERMINED BY WHICH IMMEDIATELY PRECEDING MARCH FORECAST THE JOINT BUDGET COMMITTEE USED IN THE PREPARATION OF THE STATE BUDGET.

IF SUCH A REDUCTION IS NECESSARY, LEGISLATIVE COUNCIL STAFF OR THE OFFICE OF STATE PLANNING AND BUDGETING SHALL CALCULATE THE MAXIMUM AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT CAN BE CONSIDERED EXEMPT REVENUE WITHOUT RESULTING IN A REDUCTION OF THE CREDIT AMOUNT AVAILABLE FOR THE FAMILY AFFORDABILITY TAX CREDIT, PURSUANT TO SECTION 39-22-130(6), OR THE EARNED INCOME TAX CREDIT, PURSUANT TO 39-22-123.5(3.5)(c).

(e) LEGISLATIVE COUNCIL STAFF OR THE OFFICE OF STATE PLANNING AND BUDGETING SHALL SUBMIT TO THE STATE TREASURER THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT SHALL BE TRANSFERRED AND AVAILABLE FOR DISTRIBUTION PURSUANT TO SUBSECTION (3) OF THIS SECTION AS FOLLOWS: (I) FOR THE 2027-28 STATE FISCAL YEAR, THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT RESULTS FROM THE DETERMINATION MADE IN SUBSECTION (4)(a) OF THIS SECTION;

AND (II) FOR THE 2028-29 STATE FISCAL YEAR AND FOR ALL SUBSEQUENT STATE FISCAL YEARS, THE AMOUNT OF WILDFIRE AND CONSERVATION REVENUE THAT RESULTS FROM THE DETERMINATIONS MADE IN SUBSECTIONS (4)(c) AND (4)(d) OF THIS SECTION.

SECTION 2. In Colorado Revised Statutes, add 24-33-119 as follows: 24-33-119. Colorado wildfire prevention and water fund - disposition of money.

(1) THE COLORADO WILDFIRE PREVENTION AND WATER FUND IS HEREBY CREATED IN THE STATE TREASURY.

THE FUND CONSISTS OF MONEY CREDITED TO THE FUND PURSUANT TO SECTION 24-77- 110 AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.

ALL MONEY IN THE FUND AT THE END OF EACH FISCAL YEAR REMAINS IN THE FUND AND DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND.

THE STATE TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND.

(2) AFTER THE STATE TREASURER TRANSFERS AND CREDITS THE WILDFIRE AND CONSERVATION REVENUE PURSUANT TO SECTION 24-77-110 (3)(c) AND (3)(d), ON JULY 1, 2027, FOR THE 2027-28 STATE FISCAL YEAR, THE STATE TREASURER SHALL TRANSFER MONEY IN THE FUND AS FOLLOWS: (a) TEN MILLION DOLLARS TO THE PRESCRIBED FIRE CLAIMS CASH FUND CREATED IN SECTION 24-33.5-1240(2)(a);

(b) FIFTY PERCENT OF THE MONEY REMAINING AFTER THE TRANSFER PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION TO THE FOREST RESTORATION AND WILDFIRE RISK MITIGATION GRANT PROGRAM CASH FUND CREATED IN SECTION 23-31-310(8.5) AND THE HEALTHY FORESTS AND VIBRANT COMMUNITIES FUND CREATED IN SECTION 23-31-313(10), WITH THE STATE FORESTER TO DETERMINE THE AMOUNT TO BE TRANSFERRED TO EACH FUND;

AND (c) THE OTHER FIFTY PERCENT OF THE MONEY REMAINING AFTER THE TRANSFER PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION TO THE WILDFIRE MITIGATION CAPACITY DEVELOPMENT FUND CREATED IN SECTION 24-33-117(1) AND THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION 37-60-121 FOR THE PURPOSES SPECIFIED IN SECTION 37-60-121(11)(b)(II), WITH THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO DETERMINE THE AMOUNT TO BE TRANSFERRED TO EACH FUND .

(3) AFTER THE STATE TREASURER TRANSFERS AND CREDITS THE WILDFIRE AND CONSERVATION REVENUE PURSUANT TO SECTION 24-77-110 (3)(c) AND (3)(d), ON JULY 1, 2028, FOR THE 2028-29 STATE FISCAL YEAR, AND ON JULY 1 FOR EACH STATE FISCAL YEAR THEREAFTER, THE STATE TREASURER SHALL CREDIT MONEY IN THE FUND AS FOLLOWS: (a) FIFTY PERCENT OF THE MONEY TO THE FOREST RESTORATION AND WILDFIRE RISK MITIGATION GRANT PROGRAM CASH FUND CREATED IN SECTION 23-31-310(8.5) AND THE HEALTHY FORESTS AND VIBRANT COMMUNITIES FUND CREATED IN SECTION 23-31-313(10), WITH THE STATE FORESTER TO DETERMINE THE AMOUNT TO BE CREDITED TO EACH FUND;

AND (b) FIFTY PERCENT OF THE MONEY TO THE WILDFIRE MITIGATION CAPACITY DEVELOPMENT FUND CREATED IN SECTION 24-33-117(1) AND THE COLORADO WATER CONSERVATION BOARD CONSTRUCTION FUND CREATED IN SECTION 37-60-121 FOR THE PURPOSES SPECIFIED IN SECTION 37-60-121(11)(b)(II), WITH THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF NATURAL RESOURCES TO DETERMINE THE AMOUNT TO BE CREDITED TO EACH FUND.