C.R.S. § 23-31-322: Use of native plants in projects - definitions.

(1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Covered agency" means:

(I) The state forest service described within this part 3;

(II) The department of natural resources created in section 24-1-124; except that the state board of land commissioners described in article 1 of title 36 is not a covered agency;

(III) The department of personnel created in section 24-1-128; and

(IV) The department of transportation created in section 24-1-128.7.

(b) "Ecoregionally specific" means that plant materials are specific to a level III ecoregion, as designated by the United States environmental protection agency.

(c) "Native plant" has the meaning set forth in section 35-5.5-103 (15).

(d) "Project" means a restoration, renovation, landscaping, new construction, or infrastructure project that:

(I) Is on state-owned land;

(II) Is managed entirely by one or more state agencies;

(III) Includes the installation or planting of vegetation; and

(IV) Does not rely solely or partially on funding from state grants or loans.

(e) "Public-private partnership" has the meaning set forth in section 24-94-102 (8).

(f) "Regional nursery" means a privately owned nursery that coordinates with the state forest service and the state nursery.

(g) "Seed warehouse" means the Escalante state wildlife area seed storage building operated by the division of parks and wildlife within the department of natural resources.

(h) "State nursery" means the state nursery operated by the state forest service.

(i) "Study" means the collaborative study on native pollinating insects commissioned by the department of natural resources in 2022 in response to Senate Bill 22-199, enacted in 2022.

(2) Use of native plants in projects.

(a) Each covered agency is encouraged to prioritize the use of ecoregionally specific native plant material that supports pollinator habitats when:

(I) Such plant material is available;

(II) Such use is financially viable; and

(III) Such plant material can be used in a manner that furthers plant diversity, increases pollinator habitat, minimizes wildfire hazard mitigation, enhances climate resilience, and protects watershed health.

(b) In planning and executing a project, each covered agency shall:

(I) Balance the benefits of using native plant material with other priorities, including wildfire risk reduction; climate resilience; species protection and recovery; federally listed, endangered, and threatened species protection; noxious weed control; public safety; agricultural production; and equity and environmental justice considerations;

(II) Consider ecological suitability, site-specific conditions, and availability of plant materials when selecting native plants;

(III) To the extent practicable, include multiple species with overlapping bloom periods, including a diversity of flower shapes and colors, to provide nectar and pollen resources throughout the growing season; and

(IV) To the extent practical, include a mixture of grasses, forbs, shrubs, and trees in order to provide a diverse vegetative structure.

(c) Each covered agency shall integrate into its planning processes five-year and ten-year goals for native plant material use in their projects.

(3) Coordinated purchasing and supply development.

(a) To the extent practicable, each covered agency shall coordinate with the other covered agencies with regard to purchasing in order to:

(I) Increase demand for ecoregionally specific native plant material business growth opportunities;

(II) Reduce costs through purchasing power;

(III) Ensure supply of appropriate native plant material and reasonable propagation and growing timelines;

(IV) Use their collective buying power to create an increased supply of native plants and native plant seeds; and

(V) Enhance the supply of, and access to, ecoregionally specific native plant material in state and private nurseries and in state collections of seeds to increase access and diversity.

(b) Each covered agency, in fulfilling its duties under this section, shall coordinate with the seed warehouse, the state nursery, and regional nurseries. The state nursery shall annually share its inventory with covered agencies when the spring inventory is established.

(c) A covered agency may enter into a public-private partnership for seed collection on state lands.

(4) Training on native plants.

(a) Each covered agency, subject to available funding, shall establish a training program for relevant staff, as determined by the covered agency, that includes:

(I) Identification of native plants, important floral and host plants, and pollinator host species; and

(II) Best practices for pollinator conservation and native plant establishment.

(b) In fulfilling its duties under this subsection (4), a covered agency may seek, accept, and expend available federal resources regarding the management of native plants.

(c) A covered agency may seek and enter into private partnerships to develop the training program described in this subsection (4) so long as the private partners have expertise in pollinator health, climate change, ecological processes and resilience, biodiversity, native plants, or ecological land management.

(5) Land management practices.

(a) On and after January 1, 2028, to the extent practicable, each covered agency shall integrate mowing and grazing based on recommendations included in the study.

(b) Each covered agency, as appropriate, shall:

(I) Establish pollinator habitat zones on roadways and on public lands;

(II) Use signage to identify such zones;

(III) Prohibit the mowing of grass within such a zone, except as may be necessary for public safety; and

(IV) Incorporate interseeding, overseeding, and transplanting of native plants and native plant materials, including for the restoration of native habitats.