1. (1) There is hereby created in the state treasury the plant health, pest control, and environmental protection cash fund.
2. (2) All revenues collected in pursuit of the department's efforts in relation to plant health, pest control, and environmental protection shall be transmitted to the state treasurer, who shall credit the same to the plant health, pest control, and environmental protection cash fund. The commission may establish a fee schedule to cover the direct and indirect costs of the collection and distribution of beneficial insects.
3. (3) The plant health, pest control, and environmental protection cash fund consists of any fees, fines, or penalties collected pursuant to articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35; any fees, fines, or penalties collected pursuant to article 8 of title 25; any fees collected under article 12 of this title 35 for the purpose of funding state waters protection activities; and all revenues collected in pursuit of the department's efforts to conduct biological pest control. The money in the fund is subject to annual appropriation by the general assembly for the direct and indirect costs of implementing, administering, and enforcing articles 4, 9, 10, 11, 11.5, 25, 26, 27, and 27.5 of this title 35 and of article 8 of title 25; except that any appropriation for the indirect costs of issuing chemigation permits pursuant to section 35-11-106 must not exceed the amount specified in section 35-11-106 (3)(b). Any money from the fund that is allocated for biological pest control must supplement any general fund money appropriated for that purpose.
4. (4) At the end of each fiscal year, all unexpended and unencumbered money in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund; except that the state treasurer shall transfer any unexpended and unencumbered money that is requested by the commissioner to be transferred from the plant health, pest control, and environmental protection cash fund to the emergency invasive-pest response fund created in section 35-1-106.4.

5. (4.5)

   1. (a) For state fiscal years commencing on or before July 1, 2024, and on or after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund to the plant health, pest control, and environmental protection cash fund.
   2. (b) Notwithstanding subsection (4) of this section, for the state fiscal year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the plant health, pest control, and environmental protection cash fund to the general fund.

   3. (c)

      1. (I) On June 30, 2025, the state treasurer shall transfer one hundred forty-two thousand three hundred forty-two dollars from the plant health, pest control, and environmental protection cash fund to the general fund.
      2. (II) This subsection (4.5)(c) is repealed, effective July 1, 2026.
      3. (5) In accordance with section 24-75-402 (3)(c), C.R.S., the alternative maximum reserve for the plant health, pest control, and environmental protection cash fund is fifty percent of the amount expended from the fund during each fiscal year.

Source: L. 2009: Entire section added, (HB 09-1249), ch. 87, p. 314, § 1, effective July 1. L. 2015: (5) amended, (HB 15-1261), ch. 322, p. 1314, § 8, effective June 5. L. 2019: (3) amended, (SB 19-186), ch. 422, p. 3689, § 3, effective August 2. L. 2021: (4) amended, (HB 21-1045), ch. 160, p. 910, § 1, effective September 7. L. 2025: (4) amended and (4.5) added, (SB 25-317), ch. 385, p. 2163, § 46, effective June 3.

Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.