First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0270.02 Pierce Lively x2059
SENATE BILL 23-280
Senate Committees House Committees
Finance
A BILL FOR AN ACT
C
ONCERNING THE MITIGATION OF CERTAIN101
TRANSPORTATION-RELATED ENVIRONMENTAL HAZARDS , AND, IN102
CONNECTION THEREWITH , CREATING THE FUELS IMPACT103
ENTERPRISE TO ADMINISTER PROGRAMS AND IMPOSE FEES THAT104
ARE RELATED TO THE TRANSPORT ATION OF FUEL WITHIN THE105
STATE, MODIFYING THE CLEAN FLEET ENTERPRISE SO THAT IT106
ADMINISTERS PROGRAMS AND IMPOSES FEES THAT ARE107
DESIGNED TO REDUCE EMISSI ONS FROM DIESEL TRUCKS ,108
CREATING A TAX CREDIT FOR THE CONVERSION , LEASE, OR109
PURCHASE OF CLEAN COMMERCIAL VEHICLES , MODIFYING THE110
FEE COLLECTED FOR THE DISTRIBUTION TO THE111
PERFLUOROALKYL AND POLYFLUOROALKYL SUBST ANCES CASH112
FUND, MODIFYING THE PETROLEUM STORAGE TANK FUND ,113
SENATE SPONSORSHIP
Mullica,
HOUSE SPONSORSHIP
Snyder,
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. ALLOWING THE COLORADO STATE PATROL TO CONFORM101
HAZARD MATERIALS ROUTING REGULATIONS TO102
TRANSPORTATION COMMISSION RULES , AND PHASING OUT THE103
USE OF CERTAIN DIESEL TRUCKS ON STATE PROJECTS .104
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
.)
The bill creates the fuels impact enterprise. The enterprise imposes
a new fuels impact reduction fee on fuel product manufacturers to fund
the fuels impact reduction grant program that the fuels impact enterprise
administers. The fuels impact reduction fee is equal to $.06125 per gallon
of fuel products delivered during the previous calendar month for sale or
use in Colorado. The fee is collected and deposited in the fuels impact
enterprise hazardous materials infrastructure cash fund until the fund has
an available balance of $15 million or more.
Under the fuels impact reduction grant program, the fuels impact
enterprise provides grants to certain critically impacted communities,
governments, and transportation corridors for the improvement of
hazardous mitigation corridors and to support key commercial freight
corridors, local and state government projects related to emergency
responses, environmental mitigation, or projects related to the
transportation of fuel within the state.
The bill also amends the clean fleet enterprise so that the clean
fleet enterprise imposes, between January 1, 2024, and December 31,
2032, a heavy-duty diesel vehicle registration fee of $10 for heavy-duty
diesel vehicles that are model year 2014 through 2016, $20 for
heavy-duty diesel vehicles that are model year 2010 through 2013, and
$50 for heavy-duty diesel vehicles that are model year 2009 or older.
Under the diesel truck emissions reduction grant program, the
clean fleet enterprise, along with the division of administration in the
department of public health and environment (division), awards grant
money to certain private and public entities to decommission diesel trucks
and replace them with newer model trucks through. The clean fleet
enterprise and the division are required to determine eligibility for the
grant money and the eligible fuel types for qualifying as a replacement
vehicle under the grant program.
The bill also replaces a tax credit for a qualified investment in a
SB23-280-2- commercial truck, truck tractor, or semitrailer that is used solely and
exclusively in an enterprise zone with a tax credit for the conversion,
lease, or purchase of a bi-fuel renewable fuel truck, electric, hybrid, low
nitrogen oxides, plug-in hybrid electric, or renewable fuel truck that is
predominantly housed and based at a taxpayer's business facility within
an enterprise zone for the 12-month period following its purchase and is
not used for personal use. The new credit:
! Is available between tax years 2023 and 2029;
! May be assigned to the financial entity that finances the
lease or purchase of the truck;
! May not be carried forward, but may be refunded; and
! Is available in an amount that depends on the type of truck
the taxpayer converts, leases, or purchases and when that
conversion, lease, or purchase occurs.
Beginning October 1, 2023, the bill modifies the fee that is
currently collected for distribution to the perfluoroalkyl and
polyfluoroalkyl substances cash fund by extending the collection of the
fee to 2036 and by changing the distribution of the fee revenue. Under the
new distribution, the state treasurer shall credit:
! An amount equal to the cost of administering the fee to the
department of revenue;
! $2 million of the fee revenue to the department of public
safety to support the regulation of hazardous materials on
highways in the state as well as the enforcement of
commercial and hazardous materials critical corridors
determined by the chief of the Colorado state patrol;
! 70% of the amount remaining to the perfluoroalkyl and
polyfluoroalkyl substances cash fund; and
! 30% of the amount remaining to the department of
transportation to support functions related to the
transportation of hazardous materials and the safe and
efficient movement of freight as well as to support
infrastructure projects that enhance the safety of movement
of freight and hazardous materials.
The bill also increases the amount of fee revenue that can be held
annually in the perfluoroalkyl and polyfluoroalkyl substances cash fund
from $8 million to $9 million.
Additionally, the bill:
! Extends authorization for the division of oil and public
safety to use the petroleum storage tank fund for costs
related to petroleum storage tank facility inspections and
meter calibrations from September 1, 2023, to September
1, 2033;
! Delays the effective date of the $8 million cap on the
petroleum storage tank fund from September 1, 2023, to
SB23-280
-3- September 1, 2033;
! Allows the director of the division of oil and public safety,
in consultation with the petroleum storage tank committee,
to establish rules that allow an operator of petroleum
storage tanks to apply to the petroleum storage tank fund
for reimbursement even if the total remediation expenses
do not exceed $10,000;
! Allows the director of the division of oil and public safety
to annually transfer up to $500,000 from the petroleum
storage tank fund to the petroleum cleanup and
redevelopment fund;
! Allows the Colorado state patrol to conform hazardous
materials routing regulations to transportation commission
rules; and
! Phases out the use of certain diesel trucks on state projects.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-20.5-103, amend2
(3) introductory portion, (3)(f)(II), (9)(a)(III), and (9)(a)(IV); and add3
(3.7) and (9)(a)(V) as follows:4
8-20.5-103. Petroleum storage tank fund - petroleum cleanup5
and redevelopment fund - creation - rules - repeal. (3) The moneys
6
MONEY in the petroleum storage tank fund are IS continuously7
appropriated to the division of oil and public safety; except that moneys8
THE EXPENDITURE OF MONEY for the purposes specified in paragraphs (b),9
(f), and (g) of this subsection (3) are SUBSECTIONS (3)(b), (3)(f), AND10
(3)(g)
OF THIS SECTION IS subject to annual appropriation by the general11
assembly. The fund shall be used for:12
(f) (II) This paragraph (f)
SUBSECTION (3)(f) is repealed, effective13
September 1, 2023 SEPTEMBER 1, 2033.14
(3.7) T
HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY15
MAY ANNUALLY TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS16
ANNUALLY FROM THE PETROLEUM STORAGE TANK FUND TO THE17
SB23-280-4- PETROLEUM CLEANUP AND REDEVELOPMENT FUND .1
(9) (a) There is hereby created in the state treasury the petroleum2
cleanup and redevelopment fund, which is referred to in this subsection3
(9) as the redevelopment fund. The redevelopment fund's sources of4
revenue are:5
(III) Any legislative appropriations made to the redevelopment6
fund; and7
(IV) Earned interest, which the state treasurer shall deposit in the8
redevelopment fund;
AND9
(V) M
ONEY TRANSFERRED FROM THE PETROLEUM STORAGE TANK10
FUND PURSUANT TO SUBSECTION (3.7) OF THIS SECTION.11
SECTION 2. In Colorado Revised Statutes, 8-20.5-206, add12
(1)(f) as follows:13
8-20.5-206. Financial responsibility for petroleum14
underground storage tanks. (1) (f) T
HE DIRECTOR OF THE DIVISION OF15
OIL AND PUBLIC SAFETY , IN CONSULTATION WITH THE PETROLEUM16
STORAGE TANK COMMITTEE ESTABL ISHED PURSUANT TO SECTION17
8-20.5-104,
MAY ESTABLISH RULES THAT ALLOW THE PAYMENT REQUIRED18
BY SUBSECTION (1)(b)(I) OF THIS SECTION TO BE BASED ON A PERCENTAGE19
THAT IS LESS THAN ONE HUNDRED PERCENT OF THE REMEDIATION20
AMOUNT.21
SECTION 3. In Colorado Revised Statutes, 8-20-206.5, amend22
(1)(c), (6)(a) introductory portion, (6)(b), (6)(d) introductory portion,23
(6)(e), and (6)(f); and add (6)(d.5) and (8) as follows:24
8-20-206.5. Environmental response surcharge - liquefied25
petroleum gas and natural gas inspection fund - perfluoroalkyl and26
polyfluoroalkyl substances cash fund - hazardous materials27
SB23-280
-5- infrastructure cash fund - fuels impact reduction grant program -1
definitions. (1) (c) Notwithstanding paragraph (b) of this subsection (1)2
SUBSECTION (1)(b) OF THIS SECTION, on and after September 1, 2023,3
S
EPTEMBER 1, 2033, if the available fund balance in the petroleum storage4
tank fund is greater than eight million dollars, no surcharge shall be5
imposed, but if the available fund balance in the fund is less than eight6
million dollars, the fee imposed by paragraph (a) of this subsection (1)
7
SUBSECTION (1)(a) OF THIS SECTION is twenty-five dollars per tank8
truckload.9
(6) (a) In addition to the payment PAYMENTS collected under10
subsection PURSUANT TO SUBSECTIONS (1)(a) AND (8)(a) of this section,11
the executive director of the department of revenue shall also collect a fee12
to:13
(b) On and after September 1, 2020, but before September 1, 202614
S
EPTEMBER 1, 2031, every manufacturer of fuel products who15
manufactures such products for sale within Colorado or who ships such16
products from any point outside of Colorado to a distributor within17
Colorado and every distributor who ships such products from any point18
outside of Colorado to a point within Colorado shall pay to the executive19
director of the department of revenue, each calendar month, twenty-five20
dollars per tank truckload of fuel products delivered during the previous21
calendar month for sale or use in Colorado. This section does not apply22
to fuel that is used in aviation or to odorized liquefied petroleum gas and23
natural gas.24
(d) On and after October 1, 2021, but before October 1, 2026
25
O
CTOBER 1, 2023, the executive director of the department of revenue26
shall transmit any fee collected in accordance with this subsection (6) to27
SB23-280
-6- the state treasurer, who shall credit:1
(d.5) O
N AND AFTER OCTOBER 1, 2023, BUT BEFORE OCTOBER 1,2
2031,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL3
TRANSMIT ANY FEE COLLECTED IN ACCORDANCE WITH THIS SUBSECTION4
(6)
TO THE STATE TREASURER, WHO SHALL CREDIT:5
(I) F
IRST, THE COSTS TO THE DEPARTMENT OF REVENUE FOR6
ADMINISTERING THE FEE;7
(II) S
ECOND, TWO MILLION DOLLARS TO THE DEPARTMENT OF8
PUBLIC SAFETY FOR USE BY THE COLORADO STATE PATROL TO SUPPORT9
THE REGULATION OF AND RESPONSE TO HAZARDOUS MATERIALS ON10
HIGHWAYS IN THE STATE AS WELL AS ENFORCEMENT OF COMMERCIAL AND11
HAZARDOUS MATERIALS CRITICAL CORRIDORS DESIGNATED BY THE CHIEF12
OF THE COLORADO STATE PATROL; AND13
(III) T
HIRD, OF THE AMOUNT REMAINING:14
(A) S
EVENTY PERCENT TO THE PERFLUOROALKYL AND15
POLYFLUOROALKYL SUBSTANCES CASH FUND ; AND16
(B) T
HIRTY PERCENT TO THE DEPARTMENT OF TRANSPORTATION17
TO SUPPORT FUNCTIONS RELATED TO THE TRANSPORTATION OF18
HAZARDOUS MATERIALS AND THE SAFE AND EFFICIENT MOVEMENT OF19
FREIGHT, AS WELL AS TO SUPPORT INFRASTRUCTURE PROJECTS THAT20
ENHANCE THE SAFETY OF THE MOVEMENT OF FREIGHT AND HAZARDOUS21
MATERIALS SUCH AS THE INSTALLATION OF FOAM SUPPRESSION SYSTEMS22
IN THE EISENHOWER-JOHNSON TUNNELS, THE MITIGATION OF HAZARDS IN23
G
LENWOOD CANYON, AND OTHER USES NECESSARY TO SECURE THE SAFE24
TRANSPORT OF FUELS THROUGH THE I-70 MOUNTAIN CORRIDOR.25
(e) (I)
BEFORE OCTOBER 1, 2023, notwithstanding subsection26
(6)(b) of this section, if the available fund balance in the perfluoroalkyl27
SB23-280
-7- and polyfluoroalkyl substances cash fund is greater than eight million1
dollars, the executive director of the department of revenue shall not2
collect the fee described in subsection (6)(b) of this section, but if the3
available balance in the fund is less than eight million dollars within a4
fiscal year, the executive director of the department of revenue shall5
impose a fee in accordance with subsection (6)(b) of this section.6
(II) O
N OR AFTER OCTOBER 1, 2023, NOTWITHSTANDING7
SUBSECTION (6)(b) OF THIS SECTION, IF THE AVAILABLE FUND BALANCE IN8
THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND9
IS GREATER THAN NINE MILLION DOLLARS , THE EXECUTIVE DIRECTOR OF10
THE DEPARTMENT OF REVENUE SHALL NOT COLLECT THE FEE DESCRIBED11
IN SUBSECTION (6)(b) OF THIS SECTION, BUT IF THE AVAILABLE BALANCE12
IN THE FUND IS LESS THAN NINE MILLION DOLLARS WITHIN A FISCAL YEAR ,13
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL14
IMPOSE A FEE IN ACCORDANCE WITH SUBSECTION (6)(b) OF THIS SECTION.15
(f) As used in this subsection (6)
AND SUBSECTION (8) OF THIS16
SECTION, "fuel products" means all gasoline; diesel; biodiesel; biodiesel17
blends; kerosene; and all alcohol blended fuels that are produced,18
compounded, and offered for sale or used for the purpose of generating19
heat, light, or power in internal combustion engines or fuel cells, for20
cleaning, or for any other similar usage. "Fuel products" does not mean
21
INCLUDE fuel that is used in aviation or odorized liquefied petroleum gas22
and natural gas.23
(8) (a) I
N ADDITION TO THE PAYMENTS COLLECTED UNDER24
SUBSECTIONS (1)(a) AND (6) OF THIS SECTION, BEGINNING SEPTEMBER 1,25
2023,
THE FUELS IMPACT ENTERPRISE CREATED IN SECTION 43-4-150326
SHALL IMPOSE A FUELS IMPACT REDUCTION FEE, THE EXECUTIVE DIRECTOR27
SB23-280
-8- OF THE DEPARTMENT OF REVENUE SHALL COLLECT THE FEE ON BEHALF OF1
THE FUELS IMPACT ENTERPRISE, AND THE STATE TREASURER SHALL CREDIT2
AN AMOUNT OF THE FEE REVENUE TO THE DEPARTMENT OF REVENUE TO3
COVER THE COSTS OF COLLECTING THE FEE .4
(b) (I) O
N AND AFTER SEPTEMBER 1, 2023, A LICENSED FUEL5
EXCISE TAX DISTRIBUTOR WITHIN COLORADO, AND A LICENSED FUEL6
DISTRIBUTOR WHO SHIPS FUEL PRODUCTS FROM ANY POINT OUTSIDE OF7
C
OLORADO TO A POINT WITHIN COLORADO, SHALL PAY THE FUELS IMPACT8
REDUCTION FEE TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF9
REVENUE. TO PAY THIS FEE, EACH CALENDAR MONTH THE DISTRIBUTOR10
SHALL PAY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE11
SIX THOUSAND ONE HUNDRED TWENTY -FIVE HUNDRED-THOUSANDTHS OF12
A DOLLAR PER GALLON OF FUEL PRODUCTS DELIVERED DURING THE13
PREVIOUS CALENDAR MONTH FOR SALE OR USE IN COLORADO OR A LESSER14
AMOUNT DETERMINED BY THE FUELS IMPACT ENTERPRISE . THE15
DISTRIBUTOR SHALL PAY THIS FEE ON A PER GALLON BASIS AND AT THE16
SAME TIME AND ON THE SAME FORM AS THE FEES COLLECTED PURSUANT17
TO SUBSECTIONS (1) AND (6) OF THIS SECTION.18
(II) F
OR PURPOSES OF THIS SUBSECTION (8)(b), "DISTRIBUTOR"19
MEANS THE PERSON WHO REMITS THE APPLICABLE STATE FEE IMPOSED20
PURSUANT TO SUBSECTION (1) OR (6) OF THIS SECTION.21
(c) O
N AND AFTER SEPTEMBER 1, 2023, THE EXECUTIVE DIRECTOR22
OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS IMPACT23
REDUCTION FEE REVENUE THAT IT COLLECTS ON BEHALF OF THE FUELS24
IMPACT ENTERPRISE PURSUANT TO THIS SUBSECTION (8) TO THE STATE25
TREASURER, WHO SHALL CREDIT:26
(I) T
HE TOTAL AMOUNT OF FUELS IMPACT REDUCTION FEE27
SB23-280
-9- REVENUE COLLECTED BY THE DEPARTMENT OF REVENUE , MINUS THE1
COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE , TO2
THE FUELS IMPACT ENTERPRISE HAZARDOUS MATERIALS INFRASTRUCTURE3
CASH FUND CREATED IN SECTION 43-4-1504 (1); AND4
(II) T
HE COSTS TO THE DEPARTMENT OF REVENUE FOR5
ADMINISTERING THE FEE TO THE DEPARTMENT OF REVENUE .6
SECTION 4. In Colorado Revised Statutes, 8-20.5-303, add7
(1)(f) as follows:8
8-20.5-303. Financial responsibility for aboveground storage9
tanks. (1) (f) T
HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY,10
IN CONSULTATION WITH THE PETROLEUM STORAGE TANK COMMITTEE11
ESTABLISHED PURSUANT TO SECTION 8-20.5-104, MAY ESTABLISH RULES12
THAT ALLOW THE PAYMENT OF REMEDIATION EXPENSES FOR CERTAIN13
OWNERS AND OPERATORS OF ABOVEGROUND STORAGE TANKS FROM THE14
PETROLEUM STORAGE TANK FUND TO BE BASED ON A PERCENTAGE THAT15
IS LESS THAN ONE HUNDRED PERCENT OF THE REMEDIATION AMOUNT .16
SECTION 5. In Colorado Revised Statutes, 25-5-1312, amend17
(1) introductory portion as follows:18
25-5-1312. Reporting requirement. (1) Notwithstanding section19
24-1-136 (11)(a)(I), the department shall annually report by February 1,20
2021, and February 1 of each year until February 1, 2027
FEBRUARY 1,21
2036, to the general assembly's committees of reference with jurisdiction22
over public health regarding:23
SECTION 6. In Colorado Revised Statutes, 25-7.5-103, amend24
(3) introductory portion, (3)(b), (5)(a), (6)(f), (6)(g), and (6)(h); and add25
(3)(a.5), (5.5), (6.5), (8.5), and (9.5) as follows:26
25-7.5-103. Clean fleet enterprise - creation - board - powers27
SB23-280
-10- and duties - fees - fund. (3) The business purpose of the enterprise is to1
incentivize and support the use of electric motor vehicles, including2
motor vehicles that originally were powered exclusively by internal3
combustion engines but have been converted into electric motor vehicles,4
and, to the extent temporarily necessitated by the limitations of current5
electric motor vehicle technology for certain fleet uses, compressed6
natural gas motor vehicles that are fueled by recovered methane, by7
businesses and governmental entities that own or operate fleets of motor8
vehicles, including fleets composed of personal motor vehicles owned or9
leased by individual contractors who provide prearranged rides for10
transportation network companies or deliver goods for a third-party11
delivery service,
AND TO INCENTIVIZE AND SUPPORT THE REPLACEMENT OF12
OLDER DIESEL TRUCKS WITH NEWER TRUCKS WITH NEWER SAFETY13
SYSTEMS AND LOWER EMISSIONS . To allow the enterprise to accomplish14
this purpose and fully exercise its powers and duties through the board,15
the enterprise may:16
(a.5) I
MPOSE A HEAVY-DUTY DIESEL VEHICLE REGISTRATION FEE17
AS AUTHORIZED BY SUBSECTION (8.5) OF THIS SECTION;18
(b) Issue grants, loans, and rebates as authorized by subsection
19
SUBSECTIONS (9) AND (9.5) of this section; and20
(5) (a) The clean fleet enterprise fund is hereby created in the state21
treasury. The fund consists of clean fleet per ride fee revenue and clean22
fleet retail delivery fee revenue credited to the fund pursuant to23
subsections (7) and (8) of this section, any monetary gifts, grants,24
donations, or other payments received by the enterprise, any federal25
money that may be credited to the fund, and any other money that the26
general assembly may appropriate or transfer to the fund. The state27
SB23-280
-11- treasurer shall credit all interest and income derived from the deposit and1
investment of money in the fund to the fund. Money in the fund is2
continuously appropriated to the enterprise for the purposes set forth in3
this article 7.5,
EXCEPT FOR THE PURPOSES SET FORTH IN SUBSECTIONS4
(5.5),
(8.5), AND (9.5) OF THIS SECTION, and to pay the enterprise's5
reasonable and necessary operating expenses, including the repayment of6
any loan received pursuant to subsection (5)(b) of this section.7
(5.5) (a) T
HE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS8
REDUCTION GRANT PROGRAM CASH FUND IS CREATED IN THE STATE9
TREASURY. THE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS10
REDUCTION GRANT PROGRAM CASH FUND CONSISTS OF HEAVY -DUTY11
DIESEL VEHICLE REGISTRATION FEE REVENUE CREDITED TO THE CLEAN12
FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM13
CASH FUND PURSUANT TO SUBSECTION (8.5) OF THIS SECTION AND ANY14
MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE15
TO THE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION16
GRANT PROGRAM CASH FUND FOR IMPLEMENTATION OF THE DIESEL TRUCK17
EMISSIONS REDUCTION GRANT PROGRAM CREATED IN SUBSECTION (9.5) OF18
THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND19
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE20
CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT21
PROGRAM CASH FUND TO THE CLEAN FLEET ENTERPRISE DIESEL TRUCK22
EMISSIONS REDUCTION GRANT PROGRAM CASH FUND . ANY UNEXPENDED23
AND UNENCUMBERED MONEY REMAINING IN THE CLEAN FLEET ENTERPRISE24
DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM CASH FUND AT THE25
END OF A STATE FISCAL YEAR REMAINS IN THE CLEAN FLEET ENTERPRISE26
DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM CASH FUND .27
SB23-280
-12- (b) MONEY IN THE CLEAN FLEET ENTERPRISE DIESEL TRUCK1
EMISSIONS REDUCTION GRANT PROGRAM CASH FUND IS CONTINUOUSLY2
APPROPRIATED TO THE ENTERPRISE FOR THE DIRECT AND INDIRECT COSTS3
OF IMPLEMENTING THE DIESEL TRUCK EMISSIONS REDUCTION GRANT4
PROGRAM CREATED IN SUBSECTION (9.5) OF THIS SECTION.5
(c) T
HE ENTERPRISE SHALL USE ONLY MONEY FROM THE CLEAN6
FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM7
CASH FUND, AND NOT MONEY FROM THE CLEAN FLEET ENTERPRISE FUND ,8
FOR THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE DIESEL9
TRUCK EMISSIONS REDUCTION GRANT PROGRAM .10
(6) In addition to any other powers and duties specified in this11
section, the board has the following general powers and duties:12
(f) To provide services as set forth in subsection
SUBSECTIONS (9)13
AND (9.5) of this section;14
(g) To publish the processes by which the enterprise accepts15
applications, the criteria for evaluating applications, and a list of grantees16
or program participants pursuant to subsection SUBSECTIONS (9) AND (9.5)17
of this section;18
(h) To promulgate rules for the sole purpose of setting the19
amounts of the clean fleet per ride fee and the clean fleet retail delivery20
fee,
AND ADJUSTING THE AMOUNT OF THE HEAVY -DUTY DIESEL VEHICLE21
REGISTRATION FEE, at or below the maximum amounts authorized in this22
section; and23
(6.5) T
HE BOARD MAY CONTRACT FOR GOODS AND SERVICES24
NEEDED TO EXERCISE ITS POWERS AND DUTIES , AS SET FORTH IN THIS25
ARTICLE 7.5, WITHOUT REGARD TO THE "PROCUREMENT CODE", ARTICLES26
101
TO 112 OF TITLE 24.27
SB23-280
-13- (8.5) (a) IN FURTHERANCE OF ITS BUSINESS PURPOSE , THE1
ENTERPRISE SHALL IMPOSE THE HEAVY -DUTY DIESEL VEHICLE2
REGISTRATION FEE TO BE PAID BY A PERSON WHO REGISTERS A3
HEAVY-DUTY DIESEL VEHICLE . FOR THE PURPOSE OF MINIMIZING4
COMPLIANCE COSTS FOR DISTRIBUTORS AND ADMINISTRATIVE COSTS FOR5
THE STATE, THE DEPARTMENT OF REVENUE SHALL COLLECT THE6
HEAVY-DUTY DIESEL VEHICLE REGISTRATION FEE ON BEHALF OF THE7
ENTERPRISE, AND A PERSON WHO REGISTERS A HEAVY -DUTY DIESEL8
VEHICLE SHALL PAY THE FEE TO THE DEPARTMENT OF REVENUE AS9
REQUIRED BY SECTION 42-3-304 (20.5)(a).10
(b) F
OR A PERSON WHO REGISTERS A HEAVY -DUTY DIESEL11
VEHICLE, THE ENTERPRISE SHALL IMPOSE THE HEAVY -DUTY DIESEL12
VEHICLE REGISTRATION FEE IN A REASONABLE AMOUNT THAT IS EQUAL TO13
NO MORE THAN TEN DOLLARS FOR HEAVY -DUTY DIESEL VEHICLES THAT14
ARE MODEL YEAR 2014 THROUGH 2016, NO MORE THAN TWENTY DOLLARS15
FOR HEAVY-DUTY DIESEL VEHICLES THAT ARE MODEL YEAR 201016
THROUGH 2013, AND NO MORE THAN FIFTY DOLLARS FOR HEAVY -DUTY17
DIESEL VEHICLES THAT ARE MODEL YEAR 2009 OR OLDER. THE FEE APPLIES18
TO BOTH INTRASTATE AND INTERSTATE HEAVY -DUTY DIESEL VEHICLES.19
F
OR INTERSTATE HEAVY-DUTY DIESEL VEHICLES, THE FEE IS PRORATED20
BASED ON THE FLEET OWNER'S PERCENTAGE OF MILEAGE IN COLORADO.21
(c) A
S REQUIRED BY SECTION 42-3-304 (20.5)(b), THE22
DEPARTMENT OF REVENUE SHALL TRANSMIT THE HEAVY -DUTY DIESEL23
VEHICLE REGISTRATION FEE REVENUE IT COLLECTS ON BEHALF OF THE24
ENTERPRISE TO THE STATE TREASURER, WHO SHALL TRANSFER THE FEE TO25
THE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION26
GRANT PROGRAM CASH FUND .27
SB23-280
-14- (9.5) (a) (I) T HE GENERAL ASSEMBLY HEREBY FINDS AND1
DECLARES THAT:2
(A) O
LDER DIESEL TRUCKS CONTRIBUTE DISPROPORTIONATE3
AMOUNTS OF LOCALIZED EMISSIONS OF PARTICULATE MATTER AND4
NITROGEN OXIDES IN DISADVANTAGED COMMUNITIES WHERE MAJOR5
INTERSTATES BRING TRUCK TRAFFIC TO WAREHOUSES , REFINERIES, FLEET6
YARDS, AND FUEL DEPOTS;7
(B) T
HESE LOCALIZED EMISSIONS OF PARTICULATE MATTER AND8
NITROGEN OXIDES HAVE DISPROPORTI ONATELY NEGATIVE EFFECTS ON THE9
HEALTH OF CHILDREN, SENSITIVE POPULATIONS, AND AT-RISK ADULTS;10
(C) S
UCH NEGATIVE HEALTH EFFECTS CAN INCLUDE ASTHMA ,11
SUSCEPTIBILITY TO RESPIRATORY ILLNESS , LUNG CANCER , AND12
PREMATURE DEATH;13
(D) O
LDER DIESEL TRUCKS CAN BE REPLACED BY NEWER TRUCKS14
TO REDUCE FUEL USAGE AND RELATED EMISSIONS OF HAZARDOUS AIR15
POLLUTANTS AND CRITERIA EMISSIONS THAT NEGATIVELY IMPACT AIR16
QUALITY;17
(E) O
LDER DIESEL TRUCKS ARE MORE LIKELY THAN NEWER18
TRUCKS TO BREAK DOWN AND CAUSE CONGESTION AND SAFETY ISSUES IN19
C
OLORADO'S URBAN AREAS AND ALONG COLORADO'S MOUNTAIN20
HIGHWAYS AND INTERSTATES ;21
(F) S
MALL BUSINESSES AND SOLE PROPRIETORS THAT OWN OLDER22
DIESEL TRUCKS ARE LESS LIKELY THAN OTHER VEHICLE OWNERS TO HAVE23
ACCESS TO THE CAPITAL OR FINANCING REQUIRED TO INVEST IN NEWER ,24
CLEANER MODELS;25
(G) R
EPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS WITH26
NEWER SAFETY SYSTEMS WILL REDUCE THE CHANCE OF BREAKDOWNS AND27
SB23-280
-15- VEHICLE CRASHES ON COLORADO'S MOUNTAIN HIGHWAYS AND1
INTERSTATES; AND2
(H) R
EPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS WILL3
ALSO REDUCE FUEL USAGE , INCREASE FUEL ECONOMY , AND REDUCE4
EMISSIONS, WHICH WILL HELP COLORADO COMPLY WITH AIR QUALITY5
ATTAINMENT STANDARDS AND REDUCE GREENHOUSE GAS POLLUTION TO6
HELP COLORADO MEET ITS GREENHOUSE GAS POLLUTION TARGETS .7
(II) T
HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS8
APPROPRIATE TO ESTABLISH THE DIESEL TRUCK EMISSIONS REDUCTION9
GRANT PROGRAM TO ASSIST PRIVATE AND PUBLIC ENTITIES IN10
DECOMMISSIONING OLDER DIESEL TRUCKS AND REPLACING THOSE TRUCKS11
WITH NEWER TRUCKS AND TO FUND THAT GRANT PROGRAM BY CHARGING12
THE OWNERS OF OLDER HEAVY -DUTY DIESEL VEHICLES A MINOR FEE.13
(b) (I) T
HERE IS HEREBY CREATED THE DIESEL TRUCK EMISSIONS14
REDUCTION GRANT PROGRAM TO PROVI DE GRANTS TO CERTAIN PRIVATE15
AND PUBLIC ENTITIES FOR DECOMMISSIONING AND REPLACING DIESEL16
TRUCKS.17
(II) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH18
THE GRANT PROGRAM TO DECOMMISSION AND REPLACE DIESEL TRUCKS IN19
ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED BY THE20
ENTERPRISE AND THE DIVISION.21
(III) T
HE ENTERPRISE SHALL WORK WITH THE DIVISION TO22
ADMINISTER THE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM23
AND, SUBJECT TO AVAILABLE APPROPRIATIONS, SHALL AWARD GRANTS AS24
PROVIDED IN THIS SECTION. SUBJECT TO AVAILABLE APPROPRIATIONS ,25
GRANTS SHALL BE PAID OUT OF THE CLEAN FLEET ENTERPRISE DIESEL26
TRUCK EMISSIONS REDUCTION GRANT PROGRAM CASH FUND .27
SB23-280
-16- (IV) TO ADMINISTER THE DIESEL TRUCK EMISSIONS REDUCTION1
GRANT PROGRAM, THE ENTERPRISE AND THE DIVISION SHALL DETERMINE2
THE FOLLOWING:3
(A) W
HO MAY QUALIFY AS AN ELIGIBLE ENTITY;4
(B) E
LIGIBLE FUEL TYPES FOR REPLACEMENT VEHICLES ;5
(C) T
HE TIME FRAMES FOR APPLYING FOR GRANTS ;6
(D) T
HE CRITERIA USED TO EVALUATE AND PRIORITIZE7
APPLICATIONS FOR GRANTS, INCLUDING A PRIORITY FOR APPLICATIONS8
CONCERNING VEHICLES THAT ARE OPERATED WITHIN9
DISPROPORTIONATELY IMPACTED COMMUNITIES , NONATTAINMENT AREAS,10
OR BOTH;11
(E) T
HE FORM OF THE GRANT PROGRAM APPLICATION ;12
(F) T
HE TIME FRAME FOR AWARDING GRANTS ; AND13
(G) A
NY OTHER COMPONENTS OF THE DIESEL TRUCK EMISSIONS14
REDUCTION GRANT PROGRAM NECESSARY FOR ITS IMPLEMENTATION .15
(c) (I) T
O RECEIVE A GRANT, AN ELIGIBLE ENTITY MUST SUBMIT AN16
APPLICATION IN ACCORDANCE WITH THE POLICIES AND PROCEDURES17
ESTABLISHED BY THE ENTERPRISE AND THE DIVISION . AT A MINIMUM, THE18
APPLICATION MUST INCLUDE THE FOLLOWING INFORMATION :19
(A) T
HE GRANT APPLICANT'S ORGANIZATIONAL AND CONTACT20
INFORMATION;21
(B) T
HE FUNDING REQUESTED PER VEHICLE ;22
(C) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE DIESEL23
TRUCKS TO BE DECOMMISSIONED ONCE THE GRANT IS AWARDED ;24
(D) T
HE LOCATION OF THE DIESEL TRUCKS TO BE25
DECOMMISSIONED AND REPLACED ;26
(E) T
HE OPERATING AREA OF THE DIESEL TRUCKS TO BE27
SB23-280
-17- DECOMMISSIONED AND REPLACED ; AND1
(F) T
HE MAKE, MODEL, MODEL YEAR, MILEAGE, AND FUEL TYPE OF2
THE PROPOSED REPLACEMENT VEHICLES .3
(II) T
HE ENTERPRISE AND THE DIVISION MAY CONSULT WITH THE4
GRANT APPLICANT REGARDING REPLACEMENT VEHICLE OPTIONS , AND, FOR5
VEHICLES THAT WILL BE REPLACED BY ANOTHER DIESEL VEHICLE ,6
CONSIDERATION SHALL BE GIVEN TO THE REPLACEMENT OF VEHICLES THAT7
WOULD OTHERWISE BE OPERATED FOR A DECADE OR MORE BASED ON THE8
GRANT APPLICANT'S TYPICAL PRACTICES.9
(III) T
HE ENTERPRISE SHALL USE ONLY MONEY FROM THE CLEAN10
FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM11
CASH FUND, AND NOT MONEY FROM THE CLEAN FLEET ENTERPRISE FUND ,12
TO PROVIDE FUNDING TO DECOMMISSION AND REPLACE DIESEL TRUCKS ,13
AND A GRANTEE SHALL USE THE MONEY RECEIVED THROUGH THE DIESEL14
TRUCK EMISSIONS REDUCTION GRANT PROGRAM ONLY IN ACCORDANCE15
WITH THIS SUBSECTION (9.5).16
(IV) T
HE DIVISION AND THE ENTERPRISE SHALL DEVELOP A POLICY17
REGARDING A GRANTEE 'S NONCOMPLIANCE WITH A GRANT AWARD18
AGREEMENT ENTERED INTO BY THE GRANTEE AND THE ENTERPRISE . THIS19
POLICY MAY INCLUDE A MECHANISM FOR THE ENTERPRISE TO CONVERT20
THE GRANT TO A LOAN WITH INTEREST .21
(V) T
HE ENTERPRISE SHALL NOT AWARD GRANTS AFTER 2032.22
(d) (I) O
N OR BEFORE JUNE 30, 2025, AND ON OR BEFORE JUNE 3023
OF EACH YEAR THEREAFTER THROUGH 2032, EACH ELIGIBLE ENTITY THAT24
RECEIVES A GRANT THROUGH THE GRANT PROGRAM SHALL SUBMIT A25
REPORT TO THE DIVISION. AT A MINIMUM, THE REPORT MUST INCLUDE THE26
FOLLOWING INFORMATION :27
SB23-280
-18- (A) THE GRANT APPLICANT'S ORGANIZATIONAL AND CONTACT1
INFORMATION;2
(B) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE3
REPLACEMENT VEHICLES;4
(C) T
HE PURCHASE DATES OF THE REPLACEMENT VEHICLES ;5
(D) T
HE FUEL TYPE OF THE REPLACEMENT VEHICLES ;6
(E) T
HE MONTHLY MILEAGE PER REPLACEMENT VEHICLE ;7
(F) T
HE MONTHLY FUEL USAGE PER REPLACEMENT VEHICLE ;8
(G) C
ERTIFICATION THAT THE AWARDED VEHICLES ARE STILL9
ROADWORTHY, OPERATIONAL, AND OWNED BY THE ORIGINAL AWARDEE ;10
(H) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE DIESEL11
TRUCKS DECOMMISSIONED ;12
(I) T
HE LOCATION OF DIESEL TRUCKS DECOMMISSIONED ;13
(J) T
HE OPERATING AREA OF THE DIESEL TRUCKS14
DECOMMISSIONED; AND15
(K) A
NY ADDITIONAL INFORMATION REQUIRED BY THE DIVISION .16
(II) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR17
BEFORE DECEMBER 1, 2025, AND ON OR BEFORE DECEMBER 1 OF EACH18
YEAR THEREAFTER THROUGH 2032, THE DEPARTMENT SHALL PREPARE A19
REPORT SUMMARIZING THE PROGRESS OF THE DIESEL TRUCK EMISSIONS20
REDUCTION GRANT PROGRAM AND SUBMIT THE REPORT TO THE21
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE22
ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF23
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES . THE DEPARTMENT24
SHALL POST A COPY OF EACH REPORT ON ITS WEBSITE. AT A MINIMUM, THE25
REPORT MUST INCLUDE:26
(A) T
HE AMOUNT OF MONEY EXPENDED ON GRANTS DURING THE27
SB23-280
-19- IMMEDIATELY PRECEDING STATE FISCAL YEAR ;1
(B) T
HE NUMBER OF DIESEL TRUCKS DECOMMISSIONED AND2
REPLACED DURING THE IMMEDIATELY PRECEDING STATE FISCAL YEAR ;3
(C) T
HE ESTIMATED REDUCTION OF ANNUAL EMISSIONS OF4
PARTICULATE MATTER, NITROGEN OXIDES, AND GREENHOUSE GASES, AS5
A RESULT OF DIESEL TRUCK REPLACEMENTS FUNDED DURING THE6
PRECEDING FISCAL YEAR; AND7
(D) A
BREAKDOWN OF THE DIESEL TRUCK CLASSES8
DECOMMISSIONED AND REPLACED DURING THE IMMEDIATELY PRECEDING9
STATE FISCAL YEAR.10
(e) A
S USED IN THIS SUBSECTION (9.5), UNLESS THE CONTEXT11
OTHERWISE REQUIRES:12
(I) "D
ECOMMISSION" MEANS RENDERING BOTH THE ENGINE AND13
THE CHASSIS OF A DIESEL TRUCK INOPERABLE BY CUTTING A THREE INCH14
HOLE THROUGH THE WALL OF THE ENGINE BLOCK AND CUTTING THE15
CHASSIS RAILS IN HALF OR BY SIMILARLY EFFECTIVE MEANS , AS16
DETERMINED BY THE DIVISION.17
(II) "D
IESEL-POWERED MOTOR VEHICLE" MEANS A MOTOR VEHICLE18
POWERED BY AN INTERNAL COMBUSTION , COMPRESSION IGNITION,19
DIESEL-FUELED ENGINE. THIS DOES NOT INCLUDE HYBRID DIESEL FUEL20
TYPES.21
(III) "D
IESEL TRUCK" MEANS A TRUCK POWERED BY AN INTERNAL22
COMBUSTION, COMPRESSION IGNITION, DIESEL-FUELED ENGINE. THIS DOES23
NOT INCLUDE HYBRID DIESEL FUEL TYPES.24
(IV) N
OTWITHSTANDING SECTION 25-7.5-102 (7),25
"
DISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE SAME MEANING26
AS SET FORTH IN SECTION 24-4-109 (2)(b)(II).27
SB23-280
-20- (V) "DIVISION" MEANS THE DIVISION OF ADMINISTRATION IN THE1
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT .2
(VI) "E
LIGIBLE ENTITY" MEANS ANY PUBLIC ENTITY OR PRIVATE3
COMPANY THAT OWNS OR LEASES AND USES A QUALIFIED DIESEL TRUCK AS4
SPECIFIED BY THE DIVISION.5
(VII) "F
UEL PRODUCT" MEANS GASOLINE, BLENDED GASOLINE,6
GASOLINE SOLD FOR GASOHOL PRODUCTION , GASOHOL, DIESEL, BIODIESEL7
BLENDS, NATURAL GAS, SPECIAL FUELS, AND SPECIAL FUEL MIXES WITH8
ALCOHOL.9
(VIII) "H
EAVY-DUTY DIESEL VEHICLE" MEANS A DIESEL-POWERED10
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF MORE THAN11
SIXTEEN THOUSAND POUNDS .12
(IX) "R
EPLACEMENT" OR "REPLACE" MEANS THE REPLACEMENT OF13
AN EXISTING IN-USE MODEL YEAR 2016 OR OLDER DIESEL TRUCK WITH A14
MODEL YEAR 2017 OR NEWER TRUCK TO BE USED FOR THE SAME OR15
SIMILAR PURPOSE.16
SECTION 7. In Colorado Revised Statutes, 39-30-104, amend17
(1)(b)(II); and add (1)(b)(VIII) and (7) as follows:18
39-30-104. Credit against tax - investment in certain property19
- definitions - repeal. (1) (b) (II) F
OR INCOME TAX YEARS BEGINNING ON20
OR BEFORE JANUARY, 1, 2023, the income tax credit for a qualified21
investment in a commercial truck, truck tractor, tractor, or semitrailer22
with a gross vehicle weight rating of fifty-four thousand pounds or greater23
that is model year 2010 or newer and is designated as Class A personal24
property as specified in section 42-3-106 (2)(a), C.R.S.,
as well as any25
parts associated with the vehicle at the time of purchase, shall be allowed26
in an amount equal to one and one-half of one percent of the total27
SB23-280
-21- qualified investment if the model year of the commercial truck, truck1
tractor, tractor, or semitrailer was sold as new during such income tax2
year;3
(VIII) T
HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE JULY 1,4
2030.5
(7) (a) I
N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH6
REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE7
A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY8
LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND9
DECLARES THAT:10
(I) T
HE GENERAL LEGISLATIVE PURPOSES OF THE TAX CREDIT11
ALLOWED BY THIS SUBSECTION (7) ARE:12
(A) T
O INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS ,13
SPECIFICALLY THE CONVERSION , LEASE, OR PURCHASE OF CLEAN14
COMMERCIAL TRUCKS; AND15
(B) T
O PROVIDE TAX RELIEF FOR CERTAIN BUSINESSES THAT16
CONVERT, LEASE, OR PURCHASE CLEAN COMMERCIAL TRUCKS ;17
(II) T
HE SPECIFIC LEGISLATIVE PURPOSE OF THE TAX CREDIT18
ALLOWED BY THIS SUBSECTION (7) IS TO INCREASE THE USE OF CLEAN19
COMMERCIAL TRUCKS BY PROVIDING AN INCENTIVE FOR THE CONVERSION ,20
LEASE, OR PURCHASE OF THESE VEHICLES . IN ORDER TO ALLOW THE21
GENERAL ASSEMBLY AND THE STATE AUDITOR TO MEASURE THE22
EFFECTIVENESS OF THE CREDIT, THE DEPARTMENT OF REVENUE , WHEN23
ADMINISTERING THE CREDIT, SHALL COLLECT THE INFORMATION REQUIRED24
BY SUBSECTION (7)(h) OF THIS SECTION AND SHALL REQUIRE EACH25
EMPLOYER THAT CLAIMS THE CREDIT TO CERTIFY , AT A MINIMUM, THAT IN26
THE CASE OF A RENEWABLE FUEL TRUCK , THE TRUCK WILL OPERATE ON27
SB23-280
-22- RENEWABLE FUEL FOR AT LEAST EIGHTY PERCENT OF THE TIME AND , IN1
THE CASE OF A PLUG-IN ELECTRIC TRUCK OR BI-FUEL RENEWABLE FUEL2
TRUCK, THE TRUCK WILL OPERATE ON ELECTRICITY OR RENEWABLE FUEL3
AT LEAST FIFTY PERCENT OF THE TIME.4
(b) A
S USED IN THIS SUBSECTION (7), UNLESS THE CONTEXT5
OTHERWISE REQUIRES:6
(I) "A
CTUAL COST INCURRED" MEANS THE ACTUAL COST PAID BY7
THE ELIGIBLE TAXPAYER FOR A COMMERCIAL CLEAN VEHICLE .8
(II) "B
ATTERY ELECTRIC TRUCK " MEANS A TRUCK THAT IS9
POWERED EXCLUSIVELY BY A RECHARGEABLE BATTERY PACK THAT CAN10
BE RECHARGED BY BEING PLUGGED INTO AN EXTERNAL SOURCE OF11
ELECTRICITY AND THAT HAS NO SECONDARY SOURCE OF PROPULSION .12
(III) "B
I-FUEL RENEWABLE FUEL TRUCK " MEANS A RENEWABLE13
FUEL TRUCK THAT IS ALSO CAPABLE OF OPERATING ON TRADITIONAL FUEL .14
(IV) "C
LEAN COMMERCIAL TRUCK " MEANS AN ELECTRIC TRUCK,15
LOW NITROGEN OXIDES TRUCK, PLUG-IN HYBRID ELECTRIC TRUCK, BI-FUEL16
RENEWABLE FUEL TRUCK, OR RENEWABLE FUEL TRUCK PURCHASED BY AN17
ELIGIBLE TAXPAYER THAT IS:18
(A) E
ITHER TITLED AND REGISTERED IN THE STATE OR REGISTERED19
UNDER THE INTERNATIONAL REGISTRATION PLAN AND BASE PLATED IN THE20
STATE;21
(B) P
REDOMINANTLY HOUSED AND BASED AT THE ELIGIBLE22
TAXPAYER'S BUSINESS FACILITY WITHIN AN ENTERPRISE ZONE FOR THE23
TWELVE-MONTH PERIOD FOLLOWING ITS PURCHASE ; AND24
(C) I
S CLASSIFIED AS CLASS A, CLASS B, OR CLASS C PROPERTY25
UNDER SECTION 42-3-106 (2).26
(V) "C
ONVERSION" MEANS ADDING EQUIPMENT TO A TRADITIONAL27
SB23-280
-23- FUEL TRUCK AFTER IT IS MANUFACTURED TO ENABLE IT TO OPERATE AS A1
BI-FUEL RENEWABLE FUEL TRUCK , ELECTRIC TRUCK, HYBRID TRUCK,2
PLUG-IN HYBRID ELECTRIC TRUCK, OR RENEWABLE FUEL TRUCK.3
(VI) "E
LECTRIC TRUCK" MEANS A BATTERY ELECTRIC TRUCK OR4
A HYDROGEN FUEL CELL TRUCK .5
(VII) "E
LIGIBLE TAXPAYER" MEANS A BUYER OR LESSEE OF A6
CLEAN COMMERCIAL TRUCK FOR A USE OTHER THAN PERSONAL USE THAT7
HAS NOT CLAIMED THE TAX CREDIT FOR INNOVATIVE TRUCKS CREATED IN8
SECTION 39-22-516.8 FOR THE CONVERSION, LEASE, OR PURCHASE OF AN9
ELECTRIC TRUCK OR PLUG-IN ELECTRIC TRUCK IN THAT SAME TAX YEAR .10
A
LESSEE SEEKING TO CLAIM A CREDIT ALLOWED BY THIS SUBSECTION (7)11
MUST ENTER INTO A LEASE WITH A TERM OF NOT LESS THAN TWO YEARS .12
(VIII) "F
INANCING ENTITY" MEANS THE ENTITY THAT FINANCES13
THE PURCHASE OR LEASE OF A CLEAN COMMERCIAL TRUCK .14
(IX) "G
ROSS VEHICLE WEIGHT RATING" HAS THE SAME MEANING15
AS SET FORTH IN SECTION 42-2-402 (6).16
(X) "H
EAVY-DUTY TRUCK" MEANS A TRUCK WITH A GROSS17
VEHICLE WEIGHT RATING GREATER THAN TWENTY -SIX THOUSAND POUNDS.18
(XI) "H
YBRID TRUCK" MEANS A TRUCK THAT IS BOTH A PLUG-IN19
ELECTRIC TRUCK AND CAPABLE OF OPERATING ON RENEWABLE FUELS OR20
HYDROGEN.21
(XII) "H
YDROGEN FUEL CELL TRUCK " MEANS A TRUCK THAT IS22
POWERED BY ELECTRICITY PRODUCED FROM A FUEL CELL THAT USES23
HYDROGEN GAS AS FUEL.24
(XIII) "L
EASE" MEANS THE LEASE OF EITHER THE CONVERSION OR25
PURCHASE OF A CLEAN COMMERCIAL TRUCK .26
(XIV) "L
IGHT-DUTY TRUCK" MEANS A TRUCK WITH A GROSS27
SB23-280
-24- VEHICLE WEIGHT GREATER THAN OR EQUAL TO TEN THOUSAND POUNDS1
AND LESS THAN SIXTEEN THOUSAND ONE POUNDS .2
(XV) "L
OW NITROGEN OXIDES TRADITIONAL FUEL TRUCK " MEANS3
A TRUCK THAT IS POWERED BY FUEL THAT SATISFIES THE UNITED STATES4
ENVIRONMENTAL PROTECTION AGENCY 'S RULE "CONTROL OF AIR5
P
OLLUTION FROM NEW MOTOR VEHICLES: HEAVY-DUTY ENGINE AND6
V
EHICLE STANDARDS AND HIGHWAY DIESEL FUEL SULFUR CONTROL7
R
EQUIREMENTS" 40 CFR, 69, 80, AND 86.8
(XVI) "M
EDIUM-DUTY TRUCK" MEANS A TRUCK WITH A GROSS9
VEHICLE WEIGHT OF SIXTEEN THOUSAND ONE POUNDS OR MORE AND NO10
MORE THAN TWENTY-SIX THOUSAND POUNDS.11
(XVII) "M
OTOR VEHICLE DEALER" HAS THE SAME MEANING AS SET12
FORTH IN SECTION 44-20-102 (18).13
(XVIII) "P
LUG-IN HYBRID ELECTRIC TRUCK" MEANS A TRUCK THAT14
HAS BOTH A RECHARGEABLE BATTERY PACK THAT CAN BE RECHARGED BY15
BEING PLUGGED INTO AN EXTERNAL SOURCE OF ELECTRICITY AND AN16
INTERNAL COMBUSTION ENGINE USING TRADITIONAL FUEL AND IS CAPABLE17
OF BEING POWERED BY THE BATTERY PACK , THE INTERNAL COMBUSTION18
ENGINE, OR BOTH.19
(XIX) "P
URCHASE" MEANS THE PURCHASE OF AN ORIGINAL20
EQUIPMENT MANUFACTURER TRUCK THAT IS A BI -FUEL RENEWABLE FUEL21
TRUCK, ELECTRIC TRUCK, HYBRID TRUCK, LOW NITROGEN OXIDES TRUCK,22
PLUG-IN HYBRID ELECTRIC TRUCK, OR RENEWABLE FUEL TRUCK.23
(XX) "R
ENEWABLE FUEL TRUCK " MEANS A TRUCK THAT IS24
POWERED BY FUEL THAT IS EITHER:25
(A) C
OMPRESSED NATURAL GAS , LIQUEFIED NATURAL GAS, OR26
LIQUIFIED PETROLEUM GAS FROM A PRODUCTION SOURCE THAT IS ELIGIBLE27
SB23-280
-25- FOR A RENEWABLE IDENTIFICATION NUMBER PURSUANT TO THE UNITED1
S
TATES ENVIRONMENTAL PROTECTION AGENCY 'S RENEWAL FUEL2
STANDARD PROGRAM ESTABLISHED IN 40 CFR 80; OR3
(B) R
ECOVERED METHANE , AS DEFINED IN SECTION 25-7.5-1024
(20).5
(XXI) "T
RADITIONAL FUEL" MEANS A PETROLEUM-BASED MOTOR6
FUEL COMMONLY USED ON THE HIGHWAYS OF THE STATE IN THE YEAR7
2008.8
(XXII) "T
RUCK" HAS THE SAME MEANING AS THE TERM IS DEFINED9
IN SECTION 42-1-102 (108).10
(c) F
OR INCOME TAX YEARS BEGINNING ON OR AFTER JULY 1, 2023,11
BUT BEFORE JANUARY 1, 2029, THERE IS ALLOWED A CREDIT TO EACH12
ELIGIBLE TAXPAYER IN THE FOLLOWING AMOUNTS :13
(I) F
OR THE CONVERSION, LEASE, OR PURCHASE OF A TRUCK14
DURING THE 2023, 2024, AND 2025 TAX YEARS:15
(A) T
HREE THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE16
OF A LIGHT-DUTY TRUCK THAT IS AN ELECTRIC TRUCK, HYBRID TRUCK, OR17
RENEWABLE FUEL TRUCK;18
(B) O
NE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR THE19
PURCHASE OF A LIGHT-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS20
TRUCK, LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID ELECTRIC21
TRUCK;22
(C) F
IVE THOUSAND DOLLARS FOR THE PURCHASE OF A23
MEDIUM-DUTY TRUCK THAT IS AN ELECTRIC TRUCK , HYBRID TRUCK, OR24
RENEWABLE FUEL TRUCK;25
(D) T
WO THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE26
OF A MEDIUM-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS TRUCK ,27
SB23-280
-26- LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID ELECTRIC TRUCK;1
(E) T
EN THOUSAND DOLLARS FOR THE PURCHASE OF A2
HEAVY-DUTY TRUCK THAT IS AN ELECTRIC TRUCK , HYBRID TRUCK, OR3
RENEWABLE FUEL TRUCK; OR4
(F) F
IVE THOUSAND DOLLARS FOR THE PURCHASE OF A5
HEAVY-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS TRUCK , LOW6
NITROGEN OXIDES TRUCK, OR PLUG-IN HYBRID ELECTRIC TRUCK;7
(II) F
OR THE CONVERSION, LEASE, OR PURCHASE OF AN ELIGIBLE8
TRUCK DURING THE 2026, 2027, 2028, AND 2029 TAX YEARS:9
(A) O
NE THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE10
OF A LIGHT-DUTY TRUCK THAT IS AN ELECTRIC TRUCK, HYBRID TRUCK, OR11
RENEWABLE FUEL TRUCK;12
(B) S
EVEN HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A13
LIGHT-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS TRUCK , LOW14
NITROGEN OXIDES TRUCK, OR PLUG-IN HYBRID ELECTRIC TRUCK;15
(C) T
HREE THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE16
OF A MEDIUM-DUTY TRUCK THAT IS AN ELECTRIC TRUCK , HYBRID TRUCK,17
OR RENEWABLE FUEL TRUCK ;18
(D) O
NE THOUSAND SEVEN H UNDRED FIFTY DOLLARS FOR THE19
PURCHASE OF A MEDIUM -DUTY TRUCK THAT IS A BI-FUEL RENEWABLE20
FUELS TRUCK, LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID21
ELECTRIC TRUCK;22
(E) S
EVEN THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE23
OF A HEAVY-DUTY TRUCK THAT IS AN ELECTRIC TRUCK, HYBRID TRUCK, OR24
RENEWABLE FUEL TRUCK; OR25
(F) T
HREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR THE26
PURCHASE OF A HEAVY-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS27
SB23-280
-27- TRUCK, LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID ELECTRIC1
TRUCK.2
(d) A
TAXPAYER CLAIMING THE CREDIT AUTHORIZED BY THIS3
SUBSECTION (7) SHALL NOT CLAIM THE CREDIT IN AN AMOUNT THAT4
EXCEEDS THE DIFFERENCE BETWEEN THE MANUFACTURER 'S SUGGESTED5
RETAIL PRICE FOR THE CLEAN COMMERCIAL TRUCK AND A COMPARABLE6
TRADITIONAL FUEL TRUCK; EXCEPT THAT, FOR A CONVERSION, THE PRICE7
OF THE CONVERSION SERVES AS THE AMOUNT THAT THE CREDIT MAY NOT8
EXCEED.9
(e) (I) A
N ELIGIBLE TAXPAYER MAY ASSIGN THE TAX CREDIT10
ALLOWED IN THIS SUBSECTION (7) FOR THE PURCHASE OR LEASE OF A11
CLEAN COMMERCIAL TRUCK COMPLETED ON OR AFTER JULY 1, 2023, TO A12
FINANCING ENTITY OR MOTOR VEHICLE DEALER AS FOLLOWS :13
(A) T
HE ASSIGNMENT TO THE FINANCING ENTITY OR MOTOR14
VEHICLE DEALER MUST BE COMPLETED AT THE TIME OF PURCHASE OR15
LEASE BY ENTERING INTO AN ELECTION STATEMENT AS SET FORTH IN16
SUBSECTION (7)(e)(III) OF THIS SECTION;17
(B) T
HE ELIGIBLE TAXPAYER MUST TITLE AND REGISTER THE18
VEHICLE IN THE STATE OR REGISTER THE VEHICLE UNDER THE19
INTERNATIONAL REGISTRATION PLAN AND BASE PLATE THE VEHICLE IN THE20
STATE AS REQUIRED BY STATE LAW;21
(C) T
HE ELIGIBLE TAXPAYER MUST ASSIGN THE TAX CREDIT TO THE22
FINANCING ENTITY OR MOTOR VEHICLE DEALER AND FORFEIT THE RIGHT23
TO CLAIM THE TAX CREDIT ON THE ELIGIBLE TAXPAYER 'S TAX RETURN IN24
EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION AS DESCRIBED IN25
SUBSECTION (7)(e)(I)(D) OF THIS SECTION; AND26
(D) T
HE FINANCING ENTITY OR MOTOR VEHICLE DEALER SHALL27
SB23-280
-28- COMPENSATE THE ELIGIBLE TAXPAYER FOR THE FULL NOMINAL VALUE OF1
THE TAX CREDIT; EXCEPT THAT THE FINANCING ENTITY OR MOTOR VEHICLE2
DEALER MAY COLLECT AN ADMINISTRATIVE FEE NOT TO EXCEED ONE3
HUNDRED FIFTY DOLLARS FOR PROCESSING THE ASSIGNMENT . THE4
COMPENSATION PAID TO THE ELIGIBLE TAXPAYER IS CONSIDERED A5
REFUND OF STATE TAXES AND IS NOT INCOME .6
(II) N
OTWITHSTANDING SECTION 39-21-108 (3), IF AN ELIGIBLE7
TAXPAYER ASSIGNS THE TAX CREDIT TO A FINANCING ENTITY OR MOTOR8
VEHICLE DEALER PURSUANT TO THIS SUBSECTION (7)(e), THE FINANCING9
ENTITY OR MOTOR VEHICLE DEALER RECEIVES THE FULL AMOUNT OF THE10
TAX CREDIT THAT THE ELIGIBLE TAXPAYER IS ALLOWED IN THIS11
SUBSECTION (7). ANY UNPAID BALANCE OR UNPAID DEBT OF THE ELIGIBLE12
TAXPAYER MAY NOT BE CREDITED FROM THE AMOUNT OF THE TAX CREDIT13
ALLOWED IN THIS SUBSECTION (7).14
(III) T
O COMPLETE THE TAX CREDIT ASSIGNMENT , THE ELIGIBLE15
TAXPAYER AND THE FINANCING ENTITY OR MOTOR VEHICLE DEALER SHALL16
ENTER INTO AN ELECTION STATEMENT THAT :17
(A) I
DENTIFIES THE VEHICLE IDENTIFICATION NUMBER OF THE18
VEHICLE FOR WHICH A CREDIT IS ALLOWED IN THIS SUBSECTION (7);19
(B) I
DENTIFIES THE MANUFACTURER 'S SUGGESTED RETAIL PRICE20
FOR THE CLEAN COMMERCIAL TRUCK FOR WHICH A CREDIT IS ALLOWED IN21
THIS SECTION;22
(C) I
DENTIFIES THE MANUFACTURER 'S SUGGESTED RETAIL PRICE23
FOR A TRADITIONAL FUEL TRUCK COMPARABLE TO THE RELEVANT CLEAN24
COMMERCIAL TRUCK; AND25
(D) A
FFIRMS THAT THE REQUIREMENTS SPECIFIED IN SUBSECTION26
(7)(e)(I)
OF THIS SECTION WERE MET.27
SB23-280
-29- (IV) THE FINANCING ENTITY OR MOTOR VEHICLE DEALER MAY1
AUTHORIZE AN AGENT OR A DESIGNEE TO SIGN THE ELECTION STATEMENT2
ON ITS BEHALF.3
(V) F
OR THE PURCHASE OR LEASE OF A CLEAN COMMERCIAL TRUCK4
ON OR AFTER JULY 1, 2023, THE FINANCING ENTITY OR MOTOR VEHICLE5
DEALER SHALL ELECTRONICALLY SUBMIT A REPORT CONTAINING THE6
INFORMATION CONTAINED IN THE ELECTION STATEMENT DESCRIBED IN7
SUBSECTION (7)(e)(III) OF THIS SECTION TO THE DEPARTMENT OF REVENUE8
IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT AND WITHIN9
THIRTY DAYS OF THE ELIGIBLE TAXPAYER PURCHASING OR LEASING A10
CLEAN COMMERCIAL TRUCK .11
(VI) T
HE FINANCING ENTITY OR MOTOR VEHICLE DEALER SHALL12
ALSO FILE THE ELECTION STATEMENT DESCRIBED IN SUBSECTION (7)(e)(III)13
OF THIS SECTION WITH THE ORIGINAL TAX RETURN FOR THE TAXABLE YEAR14
IN WHICH THE ELIGIBLE TAXPAYER LEASES OR PURCHASES THE CLEAN15
COMMERCIAL TRUCK.16
(VII) T
HE DEPARTMENT OF REVENUE, IN CONSULTATION WITH THE17
C
OLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101, SHALL18
DEVELOP A MODEL REPORT AND ELECTION STATEMENT NO LATER THAN19
D
ECEMBER 1, 2023.20
(f) I
F A CREDIT AUTHORIZED IN THIS SUBSECTION (7) EXCEEDS THE21
INCOME TAX DUE ON THE INCOME OF THE TAXPAYER FOR THE TAXABLE22
YEAR, THE EXCESS CREDIT MAY NOT BE CARRIED FORWARD AND MUST BE23
REFUNDED TO THE TAXPAYER .24
(g) (I) N
O MORE THAN ONE TAX CREDIT SHALL BE GRANTED25
PURSUANT TO THIS SUBSECTION (7) FOR ANY INDIVIDUAL CLEAN26
COMMERCIAL TRUCK.27
SB23-280
-30- (II) AN ELIGIBLE TAXPAYER THAT CLAIMS A CREDIT ALLOWED IN1
THIS SUBSECTION (7) SHALL NOT CLAIM ANY OTHER CREDIT OTHERWISE2
ALLOWED IN THIS SECTION FOR THE SAME CLEAN COMMERCIAL TRUCK .3
(h) W
ITH RESPECT TO TAX YEARS COMMENCING ON OR AFTER4
J
ANUARY 1, 2023, THE TAXPAYER CLAIMING A CREDIT ALLOWED IN THIS5
SUBSECTION (7) SHALL PROVIDE THE DEPARTMENT OF REVENUE WITH , AND6
THE DEPARTMENT SHALL COMMENCE TRACKING OF , THE VEHICLE7
IDENTIFICATION NUMBER OF THE CLEAN COMMERCIAL TRUCK FOR WHICH8
A CREDIT IS CLAIMED AS ALLOWED IN THIS SUBSECTION (7).9
(i) M
AKING THE ELIGIBLE TAXPAYER AWARE OF THE INCOME TAX10
CREDIT ALLOWED IN THIS SUBSECTION (7) OR HELPING THE ELIGIBLE11
TAXPAYER ASSIGN THE INCOME TAX CREDIT TO A FINANCING ENTITY OR12
MOTOR VEHICLE DEALER AS ALLOWED IN THIS SUBSECTION (7) DOES NOT13
RISE TO THE LEVEL OF PROVIDING THE ELIGIBLE TAXPAYER WITH14
UNAUTHORIZED TAX ADVICE .15
(j) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE DECEMBER 31,16
2034.17
SECTION 8. In Colorado Revised Statutes, 42-3-304, add (20.5)18
as follows:19
42-3-304. Registration fees - passenger-mile taxes - pilot20
program - report - rules - definitions. (20.5) (a) B
EGINNING JANUARY21
1,
2024, AND THROUGH DECEMBER 31, 2032, IN ADDITION TO ANY OTHER22
FEE IMPOSED BY THIS SECTION, THE CLEAN FLEET ENTERPRISE SHALL23
IMPOSE, AND THE DEPARTMENT SHALL COLLECT , AT THE TIME OF24
REGISTRATION, A HEAVY-DUTY DIESEL VEHICLE REGISTRATION FEE THAT25
IS EQUAL TO NO MORE THAN TEN DOLLARS FOR HEAVY -DUTY DIESEL26
VEHICLES THAT ARE MODEL YEAR 2014 THROUGH 2016, NO MORE THAN27
SB23-280
-31- TWENTY DOLLARS FOR HEAVY -DUTY DIESEL VEHICLES THAT ARE MODEL1
YEAR 2010 THROUGH 2013, AND NO MORE THAN FIFTY DOLLARS FOR2
HEAVY-DUTY DIESEL VEHICLES THAT ARE MODEL YEAR 2009 OR OLDER.3
T
HIS FEE APPLIES TO BOTH INTRASTATE AND INTERSTATE HEAVY -DUTY4
DIESEL VEHICLES. FOR INTERSTATE HEAVY-DUTY DIESEL VEHICLES, THE5
FEE IS PRORATED BASED ON THE FLEET OWNER'S PERCENTAGE OF MILEAGE6
IN COLORADO.7
(b) T
HE DEPARTMENT SHALL TRANSMIT THE HEAVY -DUTY DIESEL8
VEHICLE REGISTRATION FEE REVENUE IT COLLECTS ON BEHALF OF THE9
CLEAN FLEET ENTERPRISE PURSUANT TO THIS SUBSECTION (20.5) TO THE10
STATE TREASURER, WHO SHALL TRANSFER THE FEE REVENUE TO THE11
CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT12
PROGRAM CASH FUND CREATED IN SECTION 25-7.5-103 (5.5).13
(c) A
S USED IN THIS SUBSECTION (20.5), UNLESS THE CONTEXT14
OTHERWISE REQUIRES:15
(I) "D
IESEL-POWERED MOTOR VEHICLE" MEANS A MOTOR VEHICLE16
POWERED BY AN INTERNAL COMBUSTION , COMPRESSION IGNITION ,17
DIESEL-FUELED ENGINE. THIS DOES NOT INCLUDE HYBRID DIESEL FUEL18
TYPES.19
(II) "H
EAVY-DUTY DIESEL VEHICLE" MEANS A DIESEL-POWERED20
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF MORE THAN21
SIXTEEN THOUSAND POUNDS .22
SECTION 9. In Colorado Revised Statutes, add 42-4-318 as23
follows:24
42-4-318. Restrictions on types of trucks used in state projects25
- fine - legislative declaration - definition. (1) T
HE GENERAL ASSEMBLY26
HEREBY FINDS AND DECLARES THAT :27
SB23-280
-32- (a) COLORADO'S STATE GOVERNMENT IS COMMITTED TO1
IMPROVING COLORADO'S AIR QUALITY AND REDUCING OVERALL EMISSIONS2
AND GREENHOUSE GASES WITHIN COLORADO;3
(b) C
OLORADO'S STATE GOVERNMENT HAS POLICIES AND4
PROGRAMS TO REDUCE EMISSIONS AND THE GREENHOUSE GAS FOOTPRINT5
OF STATE AGENCIES;6
(c) C
OLORADO'S STATE GOVERNMENT SHOULD BE A LEADER IN7
PROMOTING AND IMPLEMENTING MEASURES TO IMPROVE AIR QUALITY ;8
(d) A
LTHOUGH COLORADO'S STATE GOVERNMENT IS PURSUING9
ACTIONS TO REDUCE EMISSIONS AND GREENHOUSE GASES IN ITS VEHICLE10
FLEETS, MANY OLDER HIGH-EMITTING TRUCKS TRAVEL TO AND FROM11
STATE PROJECT SITES AS CONTRACTORS AND SUBCONTRACTORS ; AND12
(e) T
HEREFORE, IT IS IN THE BEST INTEREST OF BOTH COLORADO'S13
STATE GOVERNMENT AND COLORADO'S CITIZENS THAT THE STATE TAKE14
ACTION AND CREATE POLICIES THAT PRECLUDE HIGH EMITTING DIESEL15
TRUCKS FROM OPERATING ON STATE AWARDED PROJECTS .16
(2) S
TATE AGENCIES SHALL BEGIN TO PHASE OUT OLDER HIGH17
EMITTING DIESEL TRUCKS FROM OPERATING ON STATE AWARDED PROJECTS18
ON THE FOLLOWING SCHEDULE :19
(a) O
N AND AFTER JANUARY 1, 2025, DIESEL TRUCKS WITH A20
GROSS VEHICLE WEIGHT OF SIXTEEN THOUSAND ONE POUNDS OR GREATER21
THAT ARE OLDER THAN MODEL YEAR 2002 SHALL NOT BE PERMITTED ON22
ANY STATE PROJECT SITE; AND23
(b) O
N AND AFTER JANUARY 1, 2027, DIESEL TRUCKS WITH A24
GROSS VEHICLE WEIGHT OF SIXTEEN THOUSAND ONE POUNDS OR GREATER25
THAT ARE OLDER THAN MODEL YEAR 2010 SHALL NOT BE PERMITTED ON26
ANY STATE PROJECT SITES.27
SB23-280
-33- (3) A DIESEL TRUCK OWNER SHALL BE FINED FIVE HUNDRED1
DOLLARS FOR THE FIRST VIOLATION OF THIS SECTION . FOR A SECOND OR2
SUBSEQUENT VIOLATION, A DIESEL TRUCK OWNER SHALL BE FINED ONE3
THOUSAND DOLLARS AND MAY BE BARRED FROM WORKING ON ANY STATE4
AWARDED CONTRACTS FOR SIX MONTHS .5
(4) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE6
REQUIRES, "DIESEL TRUCK" MEANS A TRUCK POWERED BY AN INTERNAL ,7
COMBUSTION, COMPRESSION IGNITION, DIESEL-FUELED ENGINE. THIS DOES8
NOT INCLUDE HYBRID DIESEL FUEL TYPES.9
SECTION 10. In Colorado Revised Statutes, 42-20-301, amend10
(3) as follows:11
42-20-301. Route designation. (3) (a) Notwithstanding any other12
provision of this part 3 or part 1 or 2 of this article
ARTICLE 20 to the13
contrary, the transportation commission may regulate hours of operation14
of the Eisenhower-Johnson tunnels, structure numbers F13Y and F13X,15
respectively, on interstate 70.16
(b) T
HE PATROL MAY CONFORM HAZARDOUS MATERIALS ROUTING17
REGULATIONS MADE PURSUANT TO THIS SECTION TO TRANSPORTATION18
COMMISSION REGULATIONS MADE PURSUANT TO SUBSECTION (3)(a) OF19
THIS SECTION.20
SECTION 11. In Colorado Revised Statutes, add part 15 to21
article 4 of title 43 as follows:22
PART 1523
FUELS IMPACT ENTERPRISE24
43-4-1501. Legislative declaration. (1) (a) (I) T
HE GENERAL25
ASSEMBLY FINDS AND DECLARES THAT :26
(A) C
ERTAIN COMMUNITIES IN THE STATE SERVE AS THE27
SB23-280
-34- DISTRIBUTION POINTS FOR ALMOST ALL OF THE FUEL TRANSPORTED IN THE1
STATE;2
(B) L
ICENSED FUEL DISTRIBUTORS RELY ON THE HAZARDOUS3
MITIGATION CORRIDOR INFRASTRUCTURE IN THESE COMMUNITIES TO4
SUPPORT THE ECONOMIC FUNCTIONS OF THE STATE ; AND5
(C) I
NCREASING REQUIREMENTS ON FUEL COMPOSITION AND6
BLENDS WILL CAUSE THE INFRASTRUCTURE IN THESE COMMUNITIES TO BE7
RELIED UPON EVEN MORE.8
(II) T
HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS9
APPROPRIATE TO ESTABLISH THE FUELS IMPACT REDUCTION GRANT10
PROGRAM TO PROVIDE GRANTS TO THOSE COMMUNITIES FOR THE11
IMPROVEMENT OF THEIR HAZARDOUS MITIGATION CORRIDOR12
INFRASTRUCTURE AND FOR PROJECTS RELATED TO THE TRANSPORTATION13
OF FUEL WITHIN THE STATE.14
(b) T
HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS15
REASONABLE TO ESTABLISH THE FUELS IMPACT ENTERPRISE TO ASSIST IN16
THE ADMINISTRATION OF THE PROGRAMS DESCRIBED IN THIS SUBSECTION17
(1)
AND TO COLLECT THE FEES NECESSARY TO IMPLEMENT THESE18
PROGRAMS.19
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :20
(a) T
HE FUELS IMPACT ENTERPRISE PROVIDES IMPACT REDUCTION21
SERVICES WHEN, IN EXCHANGE FOR THE PAYMENT OF THE FUELS IMPACT22
REDUCTION FEE BY LICENSED FUEL EXCISE TAX DISTRIBUTORS AND23
LICENSED FUEL DISTRIBUTORS, IT ACTS AS AUTHORIZED BY THIS SECTION24
TO PROVIDE ASSISTANCE IN IMPROVING HAZARDOUS MITIGATION25
CORRIDORS AND PROJECTS RELATED TO THE TRANSPORTATION OF FUEL26
WITHIN THE STATE;27
SB23-280
-35- (b) BY PROVIDING IMPACT REDUCTION SERVICES AS AUTHORIZED1
BY THIS SECTION, THE FUELS IMPACT ENTERPRISE PROVIDES A BENEFIT TO2
FEE PAYERS BY IMPROVING THE TRANSPORTATION OF FUEL IN THE STATE ,3
AND MONITORING VEHICLE EMISSIONS , AND, THEREFORE OPERATES AS A4
BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF THE COLORADO5
SUPREME COURT IN COLORADO UNION OF TAXPAYERS FOUNDATION V. CITY6
OF ASPEN, 2018 CO 36;7
(c) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO8
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 8969
P.2
D 859 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT10
WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE11
CONSTITUTION, AND, THEREFORE, IT IS THE CONCLUSION OF THE GENERAL12
ASSEMBLY THAT THE REVENUE COLLECTED BY THE FUELS IMPACT13
ENTERPRISE IS GENERATED BY FEES , NOT TAXES, BECAUSE THE FUELS14
IMPACT REDUCTION FEE IMPOSED BY THE ENTERPRISE IS :15
(I) I
MPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE16
ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE SERVICES SPECIFIED17
IN THIS SECTION; AND18
(II) C
OLLECTED AT RATES THAT ARE REASONABLY CALCULATED19
BASED ON THE COSTS OF THE SERVICES PROVIDED BY THE ENTERPRISE ;20
AND21
(d) S
O LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR22
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE23
REVENUE FROM THE FUELS IMPACT REDUCTION FEE IS NOT STATE FISCAL24
YEAR SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE25
REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT26
COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED27
SB23-280
-36- BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS1
STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I)(G).2
43-4-1502. Definitions. A
S USED IN THIS PART 15, UNLESS THE3
CONTEXT OTHERWISE REQUIRES :4
(1) "E
NTERPRISE" MEANS THE FUELS IMPACT ENTERPRISE CREATED5
IN SECTION 43-4-1503.6
(2) "F
UEL PRODUCT" MEANS GASOLINE, BLENDED GASOLINE,7
GASOLINE SOLD FOR GASOHOL PRODUCTION , GASOHOL, DIESEL, BIODIESEL8
BLENDS, NATURAL GAS, AND SPECIAL FUELS, AND SPECIAL FUEL MIXES9
WITH ALCOHOL.10
(3) "F
UELS IMPACT REDUCTION FEE" MEANS THE FEE IMPOSED BY11
THE ENTERPRISE PURSUANT TO SECTION 43-4-1505 (1).12
(4) "F
UND" MEANS THE FUELS IMPACT ENTERPRISE FUND CREATED13
IN SECTION 43-4-1504.14
(5) "G
RANT PROGRAM" MEANS THE FUELS IMPACT REDUCTION15
GRANT PROGRAM CREATED IN SECTION 43-4-1506.16
43-4-1503. Fuels impact enterprise - creation - powers and17
duties. (1) (a) T
HE FUELS IMPACT ENTERPRISE IS CREATED IN THE18
DEPARTMENT. THE ENTERPRISE IS AND OPERATES AS A19
GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT IN ORDER TO20
EXECUTE ITS BUSINESS PURPOSES AS SPECIFIED IN SUBSECTION (2) OF THIS21
SECTION BY EXERCISING THE POWERS AND PERFORMING THE DUTIES AND22
FUNCTIONS SET FORTH IN THIS SECTION.23
(b) T
HE ENTERPRISE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION24
24-1-105,
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND25
FUNCTIONS UNDER THE DEPARTMENT . THE GOVERNING BOARD OF THE26
ENTERPRISE IS MADE UP OF THE TRANSPORTATION COMMISSION CREATED27
SB23-280
-37- IN SECTION 43-1-106 (1).1
(2) T
HE BUSINESS PURPOSES OF THE ENTERPRISE ARE TO IMPROVE2
THE TRANSPORTATION OF FUEL IN THE STATE AND MONITOR VEHICLE3
EMISSIONS. TO ALLOW THE ENTERPRISE TO ACCOMPLISH THESE BUSINESS4
PURPOSES AND FULLY EXERCISE ITS POWERS AND DUTIES , THE ENTERPRISE5
MAY:6
(a) I
MPOSE A FUELS IMPACT REDUCTION FEE AS AUTHORIZED BY7
SECTION 43-4-1505 (1);8
(b) I
SSUE GRANTS AS AUTHORIZED BY THE FUELS IMPACT9
REDUCTION GRANT PROGRAM CREATED IN SECTION 43-4-1506; AND10
(c) I
SSUE REVENUE BONDS PAYABLE FROM FUELS IMPACT11
REDUCTION FEE REVENUE AND OTHER AVAILABLE MONEY OF THE12
ENTERPRISE.13
(3) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES14
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT15
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS16
THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN GRANTS FROM ALL17
C
OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT18
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3), THE19
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE20
CONSTITUTION.21
(4) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN22
THIS SECTION, THE ENTERPRISE HAS THE FOLLOWING GENERAL POWERS23
AND DUTIES:24
(a) T
O PROVIDE SERVICES AS SET FORTH IN SECTION 43-4-1506;25
AND26
(b) T
O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY27
SB23-280
-38- OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES1
GRANTED BY THIS SECTION.2
43-4-1504. Fuels impact enterprise cash fund - definition.3
(1) (a) (I) T
HE FUELS IMPACT ENTERPRISE CASH FUND IS CREATED IN THE4
STATE TREASURY. THE FUND CONSISTS OF FUELS IMPACT REDUCTION FEE5
REVENUE CREDITED TO THE FUND PURSUANT TO SECTION 43-4-1505 (1),6
ANY MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR7
APPROPRIATE TO THE FUND FOR THE IMPLEMENTATION OF THE GRANT8
PROGRAM, AND ANY FEDERAL MONEY OR GIFTS , GRANTS, OR DONATIONS9
RECEIVED. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND10
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE11
FUND TO THE FUND.12
(II) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE13
ENTERPRISE FOR THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE14
GRANT PROGRAM.15
(III) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND16
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE17
FUND TO THE FUND.18
(b) (I) N
OTWITHSTANDING SECTION 8-20-206.5 (8)(b), IF THE19
AVAILABLE FUND BALANCE IN THE FUND IS GREATER THAN FIFTEEN20
MILLION DOLLARS, THE ENTERPRISE SHALL NOT IMPOSE , AND THE21
DEPARTMENT OF REVENUE SHALL NOT COLLECT , THE FUELS IMPACT22
REDUCTION FEE DESCRIBED IN SECTION 8-20-206.5 (8), BUT IF THE23
AVAILABLE BALANCE IN THE FUND IS LESS THAN FIFTEEN MILLION24
DOLLARS WITHIN A FISCAL YEAR, THE ENTERPRISE SHALL IMPOSE, AND THE25
DEPARTMENT OF REVENUE SHALL COLLECT , THE FUELS IMPACT REDUCTION26
FEE IN ACCORDANCE WITH SECTION 8-20-206.5 (8)(b).27
SB23-280
-39- (II) FOR THE PURPOSES OF THIS SUBSECTION (1)(b), "AVAILABLE1
FUND BALANCE" MEANS THE SUM OF THE CURRENT YEAR REVENUES AND2
THE PREVIOUS FUND BALANCE MINUS THE SUM OF THE OBLIGATIONS3
APPROVED BY THE ENTERPRISE AND THE COSTS INCURRED BY THE4
DEPARTMENT OF REVENUE IN COLLECTING THE FUELS IMPACT REDUCTION5
FEE REVENUE.6
(c) F
OR PURPOSES OF THIS PART 15, THE ENTERPRISE MAY SEEK,7
ACCEPT, AND EXPEND MONEY FROM FEDERAL SOURCES .8
(2) T
HE DEPARTMENT MAY TRANSFER MONEY FROM ANY LEGALLY9
AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF DEFRAYING10
EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES FEE11
REVENUE OR REVENUE BOND PROCEEDS . THE ENTERPRISE MAY ACCEPT12
AND EXPEND ANY MONEY SO TRANSFERRED , AND, NOTWITHSTANDING ANY13
STATE FISCAL RULE OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE14
THAT COULD OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY15
CONCLUSION, SUCH A TRANSFER IS A LOAN FROM THE DEPARTMENT TO THE16
ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS NOT A GRANT FOR17
PURPOSES OF SECTION 20 (2)(d) OF ARTICLE X OF THE STATE18
CONSTITUTION, OR AS DEFINED IN SECTION 24-77-102 (7). ALL MONEY19
TRANSFERRED AS A LOAN TO THE ENTERPRISE SHALL BE CREDITED TO THE20
FUND. LOAN LIABILITIES THAT ARE RECORDED IN THE FUELS IMPACT FUND21
BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT FISCAL YEAR22
SHALL NOT BE CONSIDERED WHEN CALCULATING SUFFICIENT STATUTORY23
FUND BALANCE FOR PURPOSES OF SECTION 24-75-109. AS THE ENTERPRISE24
RECEIVES SUFFICIENT REVENUE IN EXCESS OF EXPENSES , THE ENTERPRISE25
SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL AMOUNT OF ANY26
LOAN MADE BY THE DEPARTMENT PLUS INTEREST AT A RATE SET BY THE27
SB23-280
-40- DEPARTMENT.1
43-4-1505. Fuels impact reduction fee. (1) (a) I
N FURTHERANCE2
OF ITS BUSINESS PURPOSE , BEGINNING SEPTEMBER 1, 2023, THE3
ENTERPRISE SHALL IMPOSE A FUELS IMPACT REDUCTION FEE PER GALLON4
TO BE PAID BY A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN5
C
OLORADO AND A LICENSED FUEL DISTRIBUTOR WHO SHIPS PRODUCTS6
FROM OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO. FOR THE7
PURPOSE OF MINIMIZING COMPLIANCE COSTS FOR DISTRIBUTORS AND8
ADMINISTRATIVE COSTS FOR THE STATE , THE DEPARTMENT OF REVENUE9
SHALL COLLECT THE FUELS IMPACT REDUCTION FEE ON BEHALF OF THE10
ENTERPRISE, AND A FUEL DISTRIBUTOR SHALL PAY THE FEE TO THE11
DEPARTMENT OF REVENUE AS REQUIRED BY SECTION 8-20-206.5 (8)(a).12
(b) F
OR A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN13
C
OLORADO AND A LICENSED FUEL DISTRIBUTOR WHO SHIPS PRODUCTS14
FROM OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO, BEGINNING15
S
EPTEMBER 1, 2023, THE ENTERPRISE SHALL IMPOSE THE FUELS IMPACT16
REDUCTION FEE IN A REASONABLE AMOUNT THAT IS NO MORE THAN SIX17
THOUSAND ONE HUNDRED TWENTY -FIVE HUNDRED-THOUSANDTHS OF A18
DOLLAR PER GALLON OF FUEL PRODUCTS DELIVERED FOR SALE OR USE IN19
C
OLORADO.20
(c) A
S REQUIRED BY SECTION 8-20-206.5 (8)(c), THE EXECUTIVE21
DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS22
IMPACT REDUCTION FEE REVENUE IT COLLECTS TO THE STATE TREASURER23
WHO SHALL CREDIT THE REVENUE, MINUS THE COSTS TO THE DEPARTMENT24
OF REVENUE FOR COLLECTING THE FEE , TO THE FUND.25
43-4-1506. Fuels impact reduction grant program. (1) T
HERE26
IS HEREBY CREATED THE FUELS IMPACT REDUCTION GRANT PROGRAM TO27
SB23-280
-41- PROVIDE GRANTS TO CERTAIN CRITICALLY IMPACTED COMMUNITIES ,1
GOVERNMENTS , AND TRANSPORTATION CORRIDORS FOR THE2
IMPROVEMENT OF HAZARDOUS MITIGATION CORRIDORS AND TO SUPPORT3
LOCAL AND STATE GOVERNMENT PROJECTS RELATED TO EMERGENCY4
RESPONSES, ENVIRONMENTAL MITIGATION, OR PROJECTS RELATED TO THE5
TRANSPORTATION OF FUEL WITHIN THE STATE .6
(2) (a) A
S PART OF THE FUELS IMPACT REDUCTION GRANT7
PROGRAM, THE ENTERPRISE SHALL ANNUALLY DISTRIBUTE TEN MILLION8
DOLLARS FROM THE FUND TO THE FOLLOWING POLITICAL SUBDIVISIONS9
FOR THE IMPROVEMENT OF HAZARDOUS MITIGATION CORRIDORS IN THE10
STATE:11
(I) S
IX MILLION FOUR HUNDRED THOUSAND DOLLARS TO ADAMS12
COUNTY;13
(II) T
WO MILLION DOLLARS TO THE CITY OF AURORA;14
(III) O
NE MILLION THREE HUNDRED THOUSAND DOLLARS TO EL15
P
ASO COUNTY;16
(IV) T
WO HUNDRED FORTY THOUS AND DOLLARS TO MESA17
COUNTY; AND18
(V) S
IXTY THOUSAND DOLLARS TO OTERO COUNTY.19
(b) I
F A POLITICAL SUBDIVISION IS UNABLE TO ACCEPT THE ANNUAL20
DISTRIBUTION MADE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,21
THE ENTERPRISE SHALL DISTRIBUTE THE UNACCEPTED AMOUNTS TO THE22
OTHER POLITICAL SUBDIVISIONS ON A PROPORTIONATE BASIS .23
(3) T
HE ENTERPRISE SHALL ANNUALLY DISTRIBUTE UP TO FIVE24
MILLION DOLLARS FROM THE FUND , AFTER MAKING THE TRANSFERS25
REQUIRED BY SUBSECTION (2) OF THIS SECTION AND AFTER PROVIDING FOR26
THE ADMINISTRATIVE EXPENSES OF THE ENTERPRISE , TO KEY COMMERCIAL27
SB23-280
-42- FREIGHT CORRIDORS, TO SUPPORT STATE GOVERNMENT PROJECTS RELATED1
TO EMERGENCY RESPONSES, ENVIRONMENTAL MITIGATION, OR TO SUPPORT2
PROJECTS RELATED TO THE TRANSPORTATION OF FUEL WITHIN THE STATE3
ON ROUTES NECESSARY FOR THE TRANSPORTATION OF HAZARDOUS4
MATERIALS.5
43-4-1507. Repeal of part. T
HIS PART 15 IS REPEALED, EFFECTIVE6
J
ANUARY 1, 2030.7
SECTION 12. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2024 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
SB23-280
-43-