First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0270.02 Pierce Lively x2059
SENATE BILL 23-280
Senate Committees House Committees
Finance
Appropriations
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
Amended 2nd Reading
April 24, 2023
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 , PHASING OUT THE USE103
OF CERTAIN DIESEL TRUCKS ON STATE PROJECTS , AND MAKING104
AN APPROPRIATION.105
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.
280-2- The bill also replaces a tax credit for a qualified investment in a
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
280
-3- petroleum storage tank fund from September 1, 2023, to
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
280-4- ANNUALLY FROM THE PETROLEUM STORAGE TANK FUND TO THE1
PETROLEUM CLEANUP AND REDEVELOPMENT FUND .2
(9) (a) There is hereby created in the state treasury the petroleum3
cleanup and redevelopment fund, which is referred to in this subsection4
(9) as the redevelopment fund. The redevelopment fund's sources of5
revenue are:6
(III) Any legislative appropriations made to the redevelopment7
fund; and8
(IV) Earned interest, which the state treasurer shall deposit in the9
redevelopment fund;
AND10
(V) M
ONEY TRANSFERRED FROM THE PETROLEUM STORAGE TANK11
FUND PURSUANT TO SUBSECTION (3.7) OF THIS SECTION.12
SECTION 2. In Colorado Revised Statutes, 8-20.5-206, add13
(1)(f) as follows:14
8-20.5-206. Financial responsibility for petroleum15
underground storage tanks. (1) (f) T
HE DIRECTOR OF THE DIVISION OF16
OIL AND PUBLIC SAFETY , IN CONSULTATION WITH THE PETROLEUM17
STORAGE TANK COMMITTEE ESTABLIS HED PURSUANT TO SECTION18
8-20.5-104,
MAY ESTABLISH RULES THAT ALLOW THE PAYMENT REQUIRED19
BY SUBSECTION (1)(b)(I) OF THIS SECTION TO BE BASED ON A PERCENTAGE20
THAT IS LESS THAN ONE HUNDRED PERCENT OF THE REMEDIATION21
AMOUNT.22
SECTION 3. In Colorado Revised Statutes, 8-20-206.5, amend23
(1)(c), (6)(a) introductory portion, (6)(b), (6)(d) introductory portion,24
(6)(e), and (6)(f); and add (6)(d.5) and (8) as follows:25
8-20-206.5. Environmental response surcharge - liquefied26
petroleum gas and natural gas inspection fund - perfluoroalkyl and27
280
-5- polyfluoroalkyl substances cash fund - hazardous materials1
infrastructure cash fund - fuels impact reduction grant program -2
definitions. (1) (c) Notwithstanding paragraph (b) of this subsection (1)3
SUBSECTION (1)(b) OF THIS SECTION, on and after September 1, 2023,4
S
EPTEMBER 1, 2033, if the available fund balance in the petroleum storage5
tank fund is greater than eight million dollars, no surcharge shall be6
imposed, but if the available fund balance in the fund is less than eight7
million dollars, the fee imposed by paragraph (a) of this subsection (1)
8
SUBSECTION (1)(a) OF THIS SECTION is twenty-five dollars per tank9
truckload.10
(6) (a) In addition to the payment PAYMENTS collected under11
subsection PURSUANT TO SUBSECTIONS (1)(a) AND (8)(a) of this section,12
the executive director of the department of revenue shall also collect a fee13
to:14
(b) On and after September 1, 2020, but before September 1, 202615
S
EPTEMBER 1, 2031, every manufacturer of fuel products who16
manufactures such products for sale within Colorado or who ships such17
products from any point outside of Colorado to a distributor within18
Colorado and every distributor who ships such products from any point19
outside of Colorado to a point within Colorado shall pay to the executive20
director of the department of revenue, each calendar month, twenty-five21
dollars per tank truckload of fuel products delivered during the previous22
calendar month for sale or use in Colorado. This section does not apply23
to fuel that is used in aviation or to odorized liquefied petroleum gas and24
natural gas.25
(d) On and after October 1, 2021, but before October 1, 2026
26
O
CTOBER 1, 2023, the executive director of the department of revenue27
280
-6- shall transmit any fee collected in accordance with this subsection (6) to1
the state treasurer, who shall credit:2
(d.5) O
N AND AFTER OCTOBER 1, 2023, BUT BEFORE OCTOBER 1,3
2031,
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL4
TRANSMIT ANY FEE COLLECTED IN ACCORDANCE WITH THIS SUBSECTION5
(6)
TO THE STATE TREASURER, WHO SHALL CREDIT:6
(I) F
IRST, THE COSTS TO THE DEPARTMENT OF REVENUE FOR7
ADMINISTERING THE FEE AND THE COSTS TO THE DEPARTMENT OF
8
REVENUE FOR ADMINISTERING THE TAX CREDIT CREATED IN SECTION9
39-30-104
(7);
10
(II) S
ECOND, TWO MILLION DOLLARS TO THE DEPARTMENT OF11
PUBLIC SAFETY FOR USE BY THE COLORADO STATE PATROL TO SUPPORT12
THE REGULATION OF AND RESPONSE TO HAZARDOUS MATERIALS ON13
HIGHWAYS IN THE STATE, TO MAKE EMPLOYER CONTRIBUTIONS TO A
14
MULTIPLE EMPLOYER HEALTH TRUST IN ORDER TO PARTICIPATE IN THE15
VOLUNTARY FIREFIGHTER CANCER BENEFITS PROGRAM PURSUANT TO PART16
4
OF ARTICLE 5 OF TITLE 29, AND
AS WELL AS ENFORCEMENT OF17
COMMERCIAL AND HAZARDOUS MATERIALS CRITICAL CORRIDORS18
DESIGNATED BY THE CHIEF OF THE COLORADO STATE PATROL; AND19
(III) T
HIRD, OF THE AMOUNT REMAINING:20
(A) S
EVENTY PERCENT TO THE PERFLUOROALKYL AND21
POLYFLUOROALKYL SUBSTANCES CASH FUND ; AND22
(B) T
HIRTY PERCENT TO THE DEPARTMENT OF TRANSPORTATION23
TO SUPPORT FUNCTIONS RELATED TO THE TRANSPORTATION OF24
HAZARDOUS MATERIALS AND THE SAFE AND EFFICIENT MOVEMENT OF25
FREIGHT, AS WELL AS TO SUPPORT INFRASTRUCTURE PROJECTS THAT26
ENHANCE THE SAFETY OF THE MOVEMENT OF FREIGHT AND HAZARDOUS27
280
-7- MATERIALS SUCH AS THE INSTALLATION OF FOAM SUPPRESSION SYSTEMS1
IN THE EISENHOWER-JOHNSON TUNNELS, THE MITIGATION OF HAZARDS IN2
G
LENWOOD CANYON, AND OTHER USES NECESSARY TO SECURE THE SAFE3
TRANSPORT OF FUELS THROUGH THE I-70 MOUNTAIN CORRIDOR.4
(e) (I)
BEFORE OCTOBER 1, 2023, notwithstanding subsection5
(6)(b) of this section, if the available fund balance in the perfluoroalkyl6
and polyfluoroalkyl substances cash fund is greater than eight million7
dollars, the executive director of the department of revenue shall not8
collect the fee described in subsection (6)(b) of this section, but if the9
available balance in the fund is less than eight million dollars within a10
fiscal year, the executive director of the department of revenue shall11
impose a fee in accordance with subsection (6)(b) of this section.12
(II) O
N OR AFTER OCTOBER 1, 2023, NOTWITHSTANDING13
SUBSECTION (6)(b) OF THIS SECTION, IF THE AVAILABLE FUND BALANCE IN14
THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND15
IS GREATER THAN NINE MILLION DOLLARS , THE EXECUTIVE DIRECTOR OF16
THE DEPARTMENT OF REVENUE SHALL NOT COLLECT THE FEE DESCRIBED17
IN SUBSECTION (6)(b) OF THIS SECTION, BUT IF THE AVAILABLE BALANCE18
IN THE FUND IS LESS THAN NINE MILLION DOLLARS WITHIN A FISCAL YEAR ,19
THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL20
IMPOSE A FEE IN ACCORDANCE WITH SUBSECTION (6)(b) OF THIS SECTION.21
(f) As used in this subsection (6)
AND SUBSECTION (8) OF THIS22
SECTION, "fuel products" means all gasoline; diesel; biodiesel; biodiesel23
blends; kerosene; and all alcohol blended fuels that are produced,24
compounded, and offered for sale or used for the purpose of generating25
heat, light, or power in internal combustion engines or fuel cells, for26
cleaning, or for any other similar usage. "Fuel products" does not mean
27
280
-8- INCLUDE fuel that is used in aviation or odorized liquefied petroleum gas1
and natural gas.2
(8) (a) I
N ADDITION TO THE PAYMENTS COLLECTED UNDER3
SUBSECTIONS (1)(a) AND (6) OF THIS SECTION, BEGINNING SEPTEMBER 1,4
2023,
THE FUELS IMPACT ENTERPRISE CREATED IN SECTION 43-4-15035
SHALL IMPOSE A FUELS IMPACT REDUCTION FEE, THE EXECUTIVE DIRECTOR6
OF THE DEPARTMENT OF REVENUE SHALL COLLECT THE FEE ON BEHALF OF7
THE FUELS IMPACT ENTERPRISE, AND THE STATE TREASURER SHALL CREDIT8
AN AMOUNT OF THE FEE REVENUE TO THE DEPARTMENT OF REVENUE TO9
COVER THE COSTS OF COLLECTING THE FEE .10
(b) (I) O
N AND AFTER SEPTEMBER 1, 2023, A
TAX DISTRIBUTOR11
WITHIN COLORADO, AND A DISTRIBUTOR WHO SHIPS FUEL PRODUCTS12
FROM ANY POINT OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO,13
SHALL PAY THE FUELS IMPACT REDUCTION FEE TO THE EXECUTIVE14
DIRECTOR OF THE DEPARTMENT OF REVENUE . TO PAY THIS FEE, EACH15
CALENDAR MONTH THE DISTRIBUTOR SHALL PAY THE EXECUTIVE16
DIRECTOR OF THE DEPARTMENT OF REVENUE SIX THOUSAND ONE HUNDRED 17
TWENTY-FIVE MILLIONTHS OF A DOLLAR PER GALLON OF FUEL PRODUCTS18
DELIVERED DURING THE PREVIOUS CALENDAR MONTH FOR SALE OR USE IN19
C
OLORADO OR A LESSER AMOUNT DETERMINED BY THE FUELS IMPACT20
ENTERPRISE. THE DISTRIBUTOR SHALL PAY THIS FEE ON A PER GALLON21
BASIS AND AT THE SAME TIME AND ON THE SAME FORM AS THE FEES22
COLLECTED PURSUANT TO SUBSECTIONS (1) AND (6) OF THIS SECTION.23
(II) F
OR PURPOSES OF THIS SUBSECTION (8)(b), "DISTRIBUTOR"24
MEANS THE PERSON WHO REMITS THE APPLICABLE STATE FEE IMPOSED25
PURSUANT TO SUBSECTION (1) OR (6) OF THIS SECTION.26
(c) O
N AND AFTER SEPTEMBER 1, 2023, THE EXECUTIVE DIRECTOR27
280
-9- OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS IMPACT1
REDUCTION FEE REVENUE THAT IT COLLECTS ON BEHALF OF THE FUELS2
IMPACT ENTERPRISE PURSUANT TO THIS SUBSECTION (8) TO THE STATE3
TREASURER, WHO SHALL CREDIT:4
(I) T
HE TOTAL AMOUNT OF FUELS IMPACT REDUCTION FEE5
REVENUE COLLECTED BY THE DEPARTMENT OF REVENUE , MINUS THE6
COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE , TO7
THE FUELS IMPACT ENTERPRISE FUND CREATED IN SECTION 43-4-1504;
8
AND9
(II) T
HE COSTS TO THE DEPARTMENT OF REVENUE FOR10
ADMINISTERING THE FEE TO THE DEPARTMENT OF REVENUE .11
SECTION 4. In Colorado Revised Statutes, 8-20.5-303, add12
(1)(f) as follows:13
8-20.5-303. Financial responsibility for aboveground storage14
tanks. (1) (f) T
HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY,15
IN CONSULTATION WITH THE PETROLEUM STORAGE TANK COMMI TTEE16
ESTABLISHED PURSUANT TO SECTION 8-20.5-104, MAY ESTABLISH RULES17
THAT ALLOW THE PAYMENT OF REMEDIATION EXPENSES FOR CERTAIN18
OWNERS AND OPERATORS OF ABOVEGROUND STORAGE TANKS FROM THE19
PETROLEUM STORAGE TANK FUND TO BE BASED ON A PERCENTAGE THAT20
IS LESS THAN ONE HUNDRED PERCENT OF THE REMEDIATION AMOUNT .21
SECTION 5. In Colorado Revised Statutes, 25-5-1312, amend22
(1) introductory portion as follows:23
25-5-1312. Reporting requirement. (1) Notwithstanding section24
24-1-136 (11)(a)(I), the department shall annually report by February 1,25
2021, and February 1 of each year until February 1, 2027
FEBRUARY 1,26
2036, to the general assembly's committees of reference with jurisdiction27
280
-10- over public health regarding:1
SECTION 6. In Colorado Revised Statutes, 25-7.5-103, amend2
(3) introductory portion, (3)(b), (5)(a), (6)(f), (6)(g), and (6)(h); and add3
(3)(a.5), (5.5), (6.5), (8.5), and (9.5) as follows:4
25-7.5-103. Clean fleet enterprise - creation - board - powers5
and duties - fees - fund. (3) The business purpose of the enterprise is to6
incentivize and support the use of electric motor vehicles, including7
motor vehicles that originally were powered exclusively by internal8
combustion engines but have been converted into electric motor vehicles,9
and, to the extent temporarily necessitated by the limitations of current10
electric motor vehicle technology for certain fleet uses, compressed11
natural gas motor vehicles that are fueled by recovered methane, by12
businesses and governmental entities that own or operate fleets of motor13
vehicles, including fleets composed of personal motor vehicles owned or14
leased by individual contractors who provide prearranged rides for15
transportation network companies or deliver goods for a third-party16
delivery service,
AND TO INCENTIVIZE AND SUPPORT THE REPLACEMENT OF17
OLDER DIESEL TRUCKS WITH NEWER TRUCKS WITH NEWER SAFETY18
SYSTEMS AND LOWER EMISSIONS . To allow the enterprise to accomplish19
this purpose and fully exercise its powers and duties through the board,20
the enterprise may:21
(a.5) I
MPOSE A HEAVY-DUTY DIESEL VEHICLE REGISTRATION FEE22
AS AUTHORIZED BY SUBSECTION (8.5) OF THIS SECTION;23
(b) Issue grants, loans, and rebates as authorized by subsection
24
SUBSECTIONS (9) AND (9.5) of this section; and25
(5) (a) The clean fleet enterprise fund is hereby created in the state26
treasury. The fund consists of clean fleet per ride fee revenue and clean27
280
-11- fleet retail delivery fee revenue credited to the fund pursuant to1
subsections (7) and (8) of this section, any monetary gifts, grants,2
donations, or other payments received by the enterprise, any federal3
money that may be credited to the fund, and any other money that the4
general assembly may appropriate or transfer to the fund. The state5
treasurer shall credit all interest and income derived from the deposit and6
investment of money in the fund to the fund. Money in the fund is7
continuously appropriated to the enterprise for the purposes set forth in8
this article 7.5,
EXCEPT FOR THE PURPOSES SET FORTH IN SUBSECTIONS9
(5.5),
(8.5), AND (9.5) OF THIS SECTION, and to pay the enterprise's10
reasonable and necessary operating expenses, including the repayment of11
any loan received pursuant to subsection (5)(b) of this section.12
(5.5) (a) T
HE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS13
REDUCTION GRANT PROGRAM CASH FUND IS CREATED IN THE STATE14
TREASURY. THE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS15
REDUCTION GRANT PROGRAM CASH FUND CONSISTS OF HEAVY -DUTY16
DIESEL VEHICLE REGISTRATION FEE REVENUE CREDITED TO THE CLEAN17
FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM18
CASH FUND PURSUANT TO SUBSECTION (8.5) OF THIS SECTION AND ANY19
MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE20
TO THE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION21
GRANT PROGRAM CASH FUND FOR IMPLEMENTATION OF THE DIESEL TRUCK22
EMISSIONS REDUCTION GRANT PROGRAM CREATED IN SUBSECTION (9.5) OF23
THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND24
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE25
CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT26
PROGRAM CASH FUND TO THE CLEAN FLEET ENTERPRISE DIESEL TRUCK27
280
-12- EMISSIONS REDUCTION GRANT PROGRAM CASH FUND . ANY UNEXPENDED1
AND UNENCUMBERED MONEY REMAINING IN THE CLEAN FLEET ENTERPRISE2
DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM CASH FUND AT THE3
END OF A STATE FISCAL YEAR REMAINS IN THE CLEAN FLEET ENTERPRISE4
DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM CASH FUND .5
(b) M
ONEY IN THE CLEAN FLEET ENTERPRISE DIESEL TRUCK6
EMISSIONS REDUCTION GRANT PROGRAM CASH FUND IS CONTINUOUSLY7
APPROPRIATED TO THE ENTERPRISE FOR THE DIRECT AND INDIRECT COSTS8
OF IMPLEMENTING THE DIESEL TRUCK EMISSIONS REDUCTION GRANT9
PROGRAM CREATED IN SUBSECTION (9.5) OF THIS SECTION.10
(c) T
HE ENTERPRISE SHALL USE ONLY MONEY FROM THE CLEAN11
FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM12
CASH FUND, AND NOT MONEY FROM THE CLEAN FLEET ENTERPRISE FUND ,13
FOR THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE DIESEL14
TRUCK EMISSIONS REDUCTION GRANT PROGRAM .15
(6) In addition to any other powers and duties specified in this16
section, the board has the following general powers and duties:17
(f) To provide services as set forth in subsection
SUBSECTIONS (9)18
AND (9.5) of this section;19
(g) To publish the processes by which the enterprise accepts20
applications, the criteria for evaluating applications, and a list of grantees21
or program participants pursuant to subsection SUBSECTIONS (9) AND (9.5)22
of this section;23
(g.5) T
O IMPOSE THE HEAVY-DUTY DIESEL VEHICLE REGISTRATION
24
FEE AT THE MAXIMUM AMOUNT AUTHORIZED IN THIS SECTION AND TO25
PROMULGATE RULES TO ADJUST THE FEE AT OR BELOW THE MAXIMUM26
AMOUNT AUTHORIZED IN THIS SECTION AS REQUIRED ;27
280
-13- (h) To promulgate rules for the sole purpose of setting the1
amounts of the clean fleet per ride fee and the clean fleet retail delivery2
fee,
AND ADJUSTING THE AMOUNT OF THE HEAVY -DUTY DIESEL VEHICLE3
REGISTRATION FEE, at or below the maximum amounts authorized in this4
section; and5
(6.5) T
HE BOARD MAY CONTRACT FOR GOODS AND SERVICES6
NEEDED TO EXERCISE ITS POWERS AND DUTIES , AS SET FORTH IN THIS7
ARTICLE 7.5, WITHOUT REGARD TO THE "PROCUREMENT CODE", ARTICLES8
101
TO 112 OF TITLE 24.9
(8.5) (a) I
N FURTHERANCE OF ITS BUSINESS PURPOSE , THE10
ENTERPRISE SHALL IMPOSE THE HEAVY -DUTY DIESEL VEHICLE11
REGISTRATION FEE TO BE PAID BY A PERSON WHO REGISTERS A12
HEAVY-DUTY DIESEL VEHICLE . FOR THE PURPOSE OF MINIMIZING13
COMPLIANCE COSTS FOR DISTRIBUTORS AND ADMINISTRATIVE COSTS FOR14
THE STATE, THE DEPARTMENT OF REVENUE SHALL COLLECT THE15
HEAVY-DUTY DIESEL VEHICLE REGISTRATION FEE ON BEHALF OF THE16
ENTERPRISE, AND A PERSON WHO REGISTERS A HEAVY -DUTY DIESEL17
VEHICLE SHALL PAY THE FEE TO THE DEPARTMENT OF REVENUE AS18
REQUIRED BY SECTION 42-3-304 (20.5)(a).19
(b) F
OR A PERSON WHO REGISTERS A HEAVY -DUTY DIESEL20
VEHICLE, THE ENTERPRISE SHALL IMPOSE THE HEAVY -DUTY DIESEL21
VEHICLE REGISTRATION FEE
THAT IS NO MORE THAN THIRTY22
DOLLARS FOR HEAVY-DUTY DIESEL VEHICLES THAT ARE MODEL YEAR 201023
THROUGH 2014, AND NO MORE THAN FIFTY DOLLARS FOR HEAVY -DUTY24
DIESEL VEHICLES THAT ARE MODEL YEAR 2009 OR OLDER. THE FEE APPLIES25
TO BOTH INTRASTATE AND INTERSTATE HEAVY -DUTY DIESEL VEHICLES.26
F
OR INTERSTATE HEAVY-DUTY DIESEL VEHICLES, THE FEE IS PRORATED27
280
-14- BASED ON THE FLEET OWNER'S PERCENTAGE OF MILEAGE IN COLORADO.1
(c) A
S REQUIRED BY SECTION 42-3-304 (20.5)(b), THE2
DEPARTMENT OF REVENUE SHALL TRANSMIT THE HEAVY -DUTY DIESEL3
VEHICLE REGISTRATION FEE REVENUE IT COLLECTS ON BEHALF OF THE4
ENTERPRISE TO THE STATE TREASURER, WHO SHALL TRANSFER THE FEE TO5
THE CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION6
GRANT PROGRAM CASH FUND .7
(9.5) (a) (I) T
HE GENERAL ASSEMBLY HEREBY FINDS AND8
DECLARES THAT:9
(A) O
LDER DIESEL TRUCKS CONTRIBUTE DISPROPORTIONATE10
AMOUNTS OF LOCALIZED EMISSIONS OF PARTICULATE MATTER AND11
NITROGEN OXIDES IN DISADVANTAGED COMMUNITIES WHERE MAJOR12
INTERSTATES BRING TRUCK TRAFFIC TO WAREHOUSES , REFINERIES, FLEET13
YARDS, AND FUEL DEPOTS;14
(B) T
HESE LOCALIZED EMISSIONS OF PARTICULATE MATTER AND15
NITROGEN OXIDES HAVE DISPROPORTIONATELY NEGATIVE EFFECTS ON THE16
HEALTH OF CHILDREN, SENSITIVE POPULATIONS, AND AT-RISK ADULTS;17
(C) S
UCH NEGATIVE HEALTH EFFECTS CAN INCLUDE ASTHMA ,18
SUSCEPTIBILITY TO RESPIRATORY ILLNESS , LUNG CANCER , AND19
PREMATURE DEATH;20
(D) O
LDER DIESEL TRUCKS CAN BE REPLACED BY NEWER TRUCKS21
TO REDUCE FUEL USAGE AND RELATED EMISSIONS OF HAZARDOUS AIR22
POLLUTANTS AND CRITERIA EMISSIONS THAT NEGATIVELY IMPACT AIR23
QUALITY;24
(E) O
LDER DIESEL TRUCKS ARE MORE LIKELY THAN NEWER25
TRUCKS TO BREAK DOWN AND CAUSE CONGESTION AND SAFETY ISSUES IN26
C
OLORADO'S URBAN AREAS AND ALONG COLORADO'S MOUNTAIN27
280
-15- HIGHWAYS AND INTERSTATES ;1
(F) S
MALL BUSINESSES AND SOLE PROPRIETORS THAT OWN OLDER2
DIESEL TRUCKS ARE LESS LIKELY THAN OTHER VEHICLE OWNERS TO HAVE3
ACCESS TO THE CAPITAL OR FINANCING REQUIRED TO INVEST IN NEWER ,4
CLEANER MODELS;5
(G) R
EPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS WITH6
NEWER SAFETY SYSTEMS WILL REDUCE THE CHANCE OF BREAKDOWNS AND7
VEHICLE CRASHES ON COLORADO'S MOUNTAIN HIGHWAYS AND8
INTERSTATES; AND9
(H) R
EPLACING OLDER DIESEL TRUCKS WITH NEWER TRUCKS WILL10
ALSO REDUCE FUEL USAGE , INCREASE FUEL ECONOMY , AND REDUCE11
EMISSIONS, WHICH WILL HELP COLORADO COMPLY WITH AIR QUALITY12
ATTAINMENT STANDARDS AND REDUCE GREENHOUSE GAS POLLUTION TO13
HELP COLORADO MEET ITS GREENHOUSE GAS POLLUTION TARGETS .14
(II) T
HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS15
APPROPRIATE TO ESTABLISH THE DIESEL TRUCK EMISSIONS REDUCTION16
GRANT PROGRAM TO ASSIST PRIVATE AND PUBLIC ENTITIES IN17
DECOMMISSIONING OLDER DIESEL TRUCKS AND REPLACING THOSE TRUCKS18
WITH NEWER TRUCKS AND TO FUND THAT GRANT PROGRAM BY CHARGING19
THE OWNERS OF OLDER HEAVY -DUTY DIESEL VEHICLES A MINOR FEE.20
(b) (I) T
HERE IS HEREBY CREATED THE DIESEL TRUCK EMISSIONS21
REDUCTION GRANT PROGRAM TO PROVI DE GRANTS TO CERTAIN PRIVATE22
AND PUBLIC ENTITIES FOR DECOMMISSIONING AND REPLACING DIESEL23
TRUCKS.24
(II) G
RANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH25
THE GRANT PROGRAM TO DECOMMISSION AND REPLACE DIESEL TRUCKS IN26
ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED BY THE27
280
-16- ENTERPRISE AND THE DIVISION.1
(III) T
HE ENTERPRISE SHALL WORK WITH THE DIVISION TO2
ADMINISTER THE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM3
AND, SUBJECT TO AVAILABLE APPROPRIATIONS, SHALL AWARD GRANTS AS4
PROVIDED IN THIS SECTION. SUBJECT TO AVAILABLE APPROPRIATIONS ,5
GRANTS SHALL BE PAID OUT OF THE CLEAN FLEET ENTERPRISE DIESEL6
TRUCK EMISSIONS REDUCTION GRANT PROGRAM CASH FUND .7
(IV) T
O ADMINISTER THE DIESEL TRUCK EMISSIONS REDUCTION8
GRANT PROGRAM, THE ENTERPRISE AND THE DIVISION SHALL DETERMINE9
THE FOLLOWING:10
(A) W
HO MAY QUALIFY AS AN ELIGIBLE ENTITY;11
(B) E
LIGIBLE FUEL TYPES FOR REPLACEMENT VEHICLES ;12
(C) T
HE TIME FRAMES FOR APPLYING FOR GRANTS ;13
(D) T
HE CRITERIA USED TO EVALUATE AND PRIORITIZE14
APPLICATIONS FOR GRANTS, INCLUDING A PRIORITY FOR APPLICATIONS15
CONCERNING VEHICLES THAT ARE OPERATED WITHIN16
DISPROPORTIONATELY IMPACTED COMMUNITIES , NONATTAINMENT AREAS,17
OR BOTH;18
(E) T
HE FORM OF THE GRANT PROGRAM APPLICATION ;19
(F) T
HE TIME FRAME FOR AWARDING GRANTS ; AND20
(G) A
NY OTHER COMPONENTS OF THE DIESEL TRUCK EMISSIONS21
REDUCTION GRANT PROGRAM NECESSARY FOR ITS IMPLEMENTATION .22
(c) (I) T
O RECEIVE A GRANT, AN ELIGIBLE ENTITY MUST SUBMIT AN23
APPLICATION IN ACCORDANCE WITH THE POLICIES AND PROCEDURES24
ESTABLISHED BY THE ENTERPRISE AND THE DIVISION . AT A MINIMUM, THE25
APPLICATION MUST INCLUDE THE FOLLOWING INFORMATION :26
(A) T
HE GRANT APPLICANT'S ORGANIZATIONAL AND CONTACT27
280
-17- INFORMATION;1
(B) T
HE FUNDING REQUESTED PER VEHICLE ;2
(C) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE DIESEL3
TRUCKS TO BE DECOMMISSIONED ONCE THE GRANT IS AWARDED ;4
(D) T
HE LOCATION OF THE DIESEL TRUCKS TO BE5
DECOMMISSIONED AND REPLACED ;6
(E) T
HE OPERATING AREA OF THE DIESEL TRUCKS TO BE7
DECOMMISSIONED AND REPLACED ; AND8
(F) T
HE MAKE, MODEL, MODEL YEAR, MILEAGE, AND FUEL TYPE OF9
THE PROPOSED REPLACEMENT VEHICLES .10
(II) T
HE ENTERPRISE AND THE DIVISION MAY CONSULT WITH THE11
GRANT APPLICANT REGARDING REPLACEMENT VEHICLE OPTIONS .
12
(III) T
HE ENTERPRISE SHALL USE ONLY MONEY FROM THE CLEAN13
FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT PROGRAM14
CASH FUND, AND NOT MONEY FROM THE CLEAN FLEET ENTERPRISE FUND ,15
TO PROVIDE FUNDING TO DECOMMISSION AND REPLACE DIESEL TRUCKS ,16
AND A GRANTEE SHALL USE THE MONEY RECEIVED THROUGH THE DIESEL17
TRUCK EMISSIONS REDUCTION GRANT PROGRAM ONLY IN ACCORDANCE18
WITH THIS SUBSECTION (9.5).19
(IV) T
HE DIVISION AND THE ENTERPRISE SHALL DEVELOP A POLICY20
REGARDING A GRANTEE 'S NONCOMPLIANCE WITH A GRANT AWARD21
AGREEMENT ENTERED INTO BY THE GRANTEE AND THE ENTERPRISE . THIS22
POLICY MAY INCLUDE A MECHANISM FOR THE ENTERPRISE TO CONVERT23
THE GRANT TO A LOAN WITH INTEREST .24
(V) T
HE ENTERPRISE SHALL NOT AWARD GRANTS AFTER 2032.25
(d) (I) O
N OR BEFORE JUNE 30, 2025, AND ON OR BEFORE JUNE 3026
OF EACH YEAR THEREAFTER THROUGH 2032, EACH ELIGIBLE ENTITY THAT27
280
-18- RECEIVES A GRANT THROUGH THE GRANT PROGRAM SHALL SUBMIT A1
REPORT TO THE DIVISION. AT A MINIMUM, THE REPORT MUST INCLUDE THE2
FOLLOWING INFORMATION :3
(A) T
HE GRANT APPLICANT'S ORGANIZATIONAL AND CONTACT4
INFORMATION;5
(B) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE6
REPLACEMENT VEHICLES;7
(C) T
HE PURCHASE DATES OF THE REPLACEMENT VEHICLES ;8
(D) T
HE FUEL TYPE OF THE REPLACEMENT VEHICLES ;9
(E) T
HE MONTHLY MILEAGE PER REPLACEMENT VEHICLE ;10
(F) T
HE MONTHLY FUEL USAGE PER REPLACEMENT VEHICLE ;11
(G) C
ERTIFICATION THAT THE AWARDED VEHICLES ARE STILL12
ROADWORTHY, OPERATIONAL, AND OWNED BY THE ORIGINAL AWARDEE ;13
(H) T
HE MAKE, MODEL, MODEL YEAR, AND MILEAGE OF THE DIESEL14
TRUCKS DECOMMISSIONED ;15
(I) T
HE LOCATION OF DIESEL TRUCKS DECOMMISSIONED ;16
(J) T
HE OPERATING AREA OF THE DIESEL TRUCKS17
DECOMMISSIONED; AND18
(K) A
NY ADDITIONAL INFORMATION REQUIRED BY THE DIVISION .19
(II) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), ON OR20
BEFORE DECEMBER 1, 2025, AND ON OR BEFORE DECEMBER 1 OF EACH21
YEAR THEREAFTER THROUGH 2032, THE DIVISION
SHALL PREPARE A22
REPORT SUMMARIZING THE PROGRESS OF THE DIESEL TRUCK EMISSIONS23
REDUCTION GRANT PROGRAM AND SUBMIT THE REPORT TO THE24
TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE25
ENERGY AND ENVIRONMENT COMMITTEE OF THE HOUSE OF26
REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES. THE DIVISION SHALL27
280
-19- POST A COPY OF EACH REPORT ON ITS WEBSITE . AT A MINIMUM, THE1
REPORT MUST INCLUDE:2
(A) T
HE AMOUNT OF MONEY EXPENDED ON GRANTS DURING THE3
IMMEDIATELY PRECEDING STATE FISCAL YEAR ;4
(B) T
HE NUMBER OF DIESEL TRUCKS DECOMMISSIONED AND5
REPLACED DURING THE IMMEDIATELY PRECEDING STATE FISCAL YEAR ;6
(C) T
HE ESTIMATED REDUCTION OF ANNUAL EMISSIONS OF7
PARTICULATE MATTER, NITROGEN OXIDES, AND GREENHOUSE GASES, AS8
A RESULT OF DIESEL TRUCK REPLACEMENTS FUNDED DURING THE9
PRECEDING FISCAL YEAR; AND10
(D) A
BREAKDOWN OF THE DIESEL TRUCK CLASSES11
DECOMMISSIONED AND REPLACED DURING THE IMMEDIATELY PRECEDING12
STATE FISCAL YEAR.13
(e) A
S USED IN THIS SUBSECTION (9.5), UNLESS THE CONTEXT14
OTHERWISE REQUIRES:15
(I) "D
ECOMMISSION" MEANS RENDERING BOTH THE ENGINE AND16
THE CHASSIS OF A DIESEL TRUCK INOPERABLE BY CUTTING A THREE INCH17
HOLE THROUGH THE WALL OF THE ENGINE BLOCK AND CUTTING THE18
CHASSIS RAILS IN HALF OR BY SIMILARLY EFFECTIVE MEANS , AS19
DETERMINED BY THE DIVISION.20
(II) "D
IESEL-POWERED MOTOR VEHICLE" MEANS A MOTOR VEHICLE21
POWERED BY AN INTERNAL COMBUSTION , COMPRESSION IGNITION ,22
DIESEL-FUELED ENGINE. THIS DOES NOT INCLUDE HYBRID DIESEL FUEL23
TYPES.24
(III) "D
IESEL TRUCK" MEANS A TRUCK POWERED BY AN INTERNAL25
COMBUSTION, COMPRESSION IGNITION, DIESEL-FUELED ENGINE, OVER A
26
GROSS VEHICLE WEIGHT RATING OF MORE THAN SIXTEEN THOUSAND27
280
-20- POUNDS. THIS DOES NOT INCLUDE HYBRID DIESEL FUEL TYPES .1
(IV) N
OTWITHSTANDING SECTION 25-7.5-102 (7),2
"
DISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE SAME MEANING3
AS SET FORTH IN SECTION 24-4-109 (2)(b)(II).4
(V) "D
IVISION" MEANS THE DIVISION OF ADMINISTRATION IN THE5
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT .6
(VI) "E
LIGIBLE ENTITY" MEANS ANY PUBLIC ENTITY OR PRIVATE7
COMPANY THAT OWNS OR LEASES AND USES A QUALIFIED DIESEL TRUCK AS8
SPECIFIED BY THE DIVISION.9
(VII) "F
UEL PRODUCT" MEANS GASOLINE, BLENDED GASOLINE,10
GASOLINE SOLD FOR GASOHOL PRODUCTION , GASOHOL, DIESEL, BIODIESEL11
BLENDS, NATURAL GAS, SPECIAL FUELS, AND SPECIAL FUEL MIXES WITH12
ALCOHOL.13
(VIII) "H
EAVY-DUTY DIESEL VEHICLE" MEANS A DIESEL-POWERED14
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF MORE THAN15
SIXTEEN THOUSAND POUNDS .16
(IX) "R
EPLACEMENT" OR "REPLACE" MEANS THE REPLACEMENT OF17
AN EXISTING IN-USE MODEL YEAR 2015
OR OLDER DIESEL TRUCK THAT HAS18
BEEN REGISTERED IN COLORADO FOR AT LEAST TWO YEARS , WITH A19
MODEL YEAR 2016 OR NEWER TRUCK REGISTERED IN COLORADO TO BE20
USED FOR THE SAME OR SIMILAR PURPOSE .21
SECTION 7. In Colorado Revised Statutes, 29-5-402, amend (2)22
and (3); and add (4.5) as follows:23
29-5-402. Definitions. As used in this part 4, unless the context24
otherwise requires:25
(2) "Covered individual" means a firefighter,
HAZARDOUS
26
MATERIALS TROOPER, part-time firefighter, or volunteer firefighter who27
280
-21- meets the coverage requirements in section 29-5-403 (12).1
(3) "Employer" means a municipality, special district, fire2
authority, or county improvement district that employs one or more3
firefighters, part-time firefighters, or volunteer firefighters. Beginning4
July 1, 2020, "employer" also means the division of fire prevention and5
control created in section 24-33.5-1201
AND THE DEPARTMENT OF PUBLIC
6
SAFETY CREATED IN SECTION 24-33.5-1603. "Employer" does not include7
a power authority created pursuant to section 29-1-204 or a municipally8
owned utility.9
(4.5) "H
AZARDOUS MATERIALS TROOPER " MEANS A PERSON
10
EMPLOYED BY THE COLORADO STATE PATROL TO SUPPORT THE11
REGULATION OF HAZARDOUS MATERIALS ON HIGHWAYS IN THE STATE .12
SECTION 8. In Colorado Revised Statutes, 29-5-403, amend13
(12)(a); and add (12)(b)(I.5) as follows:14
29-5-403. Required benefits - conditions of receiving benefits.15
(12) (a) In order for a covered individual to be eligible for the benefits in16
this section, prior to the diagnosis of cancer and no more than five years17
for a firefighter or
HAZARDOUS MATERIALS TROOPER AND no more than
18
ten years for a volunteer firefighter or part-time firefighter after the19
firefighter, volunteer firefighter, or part-time firefighter became employed20
by an employer, the firefighter,
HAZARDOUS MATERIALS TROOPER ,
21
volunteer firefighter, or part-time firefighter must have had a medical22
examination that would reasonably have found an illness or injury that23
could have caused the cancer and no illness or injury was found. 24
(b) In addition to subsection (12)(a) of this section, in order for a25
covered individual to be eligible for the benefits in this section, the26
following conditions must be met:27
280
-22- (I.5) THE HAZARDOUS MATERIALS TROOPER :1
(A) H
AS AT LEAST FIVE YEARS OF CONTINUOUS , FULL-TIME
2
EMPLOYMENT AS A HAZARDOUS MATERIALS TROOPER ; AND3
(B) I
S DIAGNOSED WITH CANCER WITHIN TEN YEARS AFTER
4
CEASING EMPLOYMENT AS A HAZARDOUS MATERIALS TROOPER ; OR5
SECTION 9. In Colorado Revised Statutes, 39-30-104, amend6
(1)(b)(II); and add (1)(b)(VIII) and (7) as follows:7
39-30-104. Credit against tax - investment in certain property8
- definitions - repeal. (1) (b) (II) F
OR INCOME TAX YEARS BEGINNING ON9
OR BEFORE JANUARY
1, 2023, the income tax credit for a qualified10
investment in a commercial truck, truck tractor, tractor, or semitrailer11
with a gross vehicle weight rating of fifty-four thousand pounds or greater12
that is model year 2010 or newer and is designated as Class A personal13
property as specified in section 42-3-106 (2)(a), C.R.S., as well as any14
parts associated with the vehicle at the time of purchase, shall be allowed15
in an amount equal to one and one-half of one percent of the total16
qualified investment if the model year of the commercial truck, truck17
tractor, tractor, or semitrailer was sold as new during such income tax18
year;19
(VIII) T
HIS SUBSECTION (1)(b) IS REPEALED, EFFECTIVE JULY 1,20
2030.21
(7) (a) I
N ACCORDANCE WITH SECTION 39-21-304 (1), WHICH22
REQUIRES EACH BILL THAT CREATES A NEW TAX EXPENDITURE TO INCLUDE23
A TAX PREFERENCE PERFORMANCE STATEMENT AS PART OF A STATUTORY24
LEGISLATIVE DECLARATION, THE GENERAL ASSEMBLY HEREBY FINDS AND25
DECLARES THAT:26
(I) T
HE GENERAL LEGISLATIVE PURPOSES OF THE TAX CREDIT27
280
-23- ALLOWED BY THIS SUBSECTION (7) ARE:1
(A) T
O INDUCE CERTAIN DESIGNATED BEHAVIOR BY TAXPAYERS ,2
SPECIFICALLY THE CONVERSION , LEASE, OR PURCHASE OF CLEAN3
COMMERCIAL TRUCKS; AND4
(B) T
O PROVIDE TAX RELIEF FOR CERTAIN BUSINESSES THAT5
CONVERT, LEASE, OR PURCHASE CLEAN COMMERCIAL TRUCKS ;6
(II) T
HE SPECIFIC LEGISLATIVE PURPOSE OF THE TAX CREDIT7
ALLOWED BY THIS SUBSECTION (7) IS TO INCREASE THE USE OF CLEAN8
COMMERCIAL TRUCKS BY PROVIDING AN INCENTIVE FOR THE CONVERSION ,9
LEASE, OR PURCHASE OF THESE VEHICLES . IN ORDER TO ALLOW THE10
GENERAL ASSEMBLY AND THE STATE AUDITOR TO MEASURE THE11
EFFECTIVENESS OF THE CREDIT, THE DEPARTMENT OF REVENUE , WHEN12
ADMINISTERING THE CREDIT, SHALL COLLECT THE INFORMATION REQUIRED13
BY SUBSECTION (7)(h) OF THIS SECTION AND SHALL REQUIRE EACH14
EMPLOYER THAT CLAIMS THE CREDIT TO CERTIFY , AT A MINIMUM, THAT IN15
THE CASE OF A RENEWABLE FUEL TRUCK , THE TRUCK WILL OPERATE ON16
RENEWABLE FUEL FOR AT LEAST EIGHTY PERCENT OF THE TIME AND , IN17
THE CASE OF A PLUG-IN ELECTRIC TRUCK OR BI-FUEL RENEWABLE FUEL18
TRUCK, THE TRUCK WILL OPERATE ON ELECTRICITY OR RENEWABLE FUEL19
AT LEAST FIFTY PERCENT OF THE TIME.20
(b) A
S USED IN THIS SUBSECTION (7), UNLESS THE CONTEXT21
OTHERWISE REQUIRES:22
(I) "A
CTUAL COST INCURRED" MEANS THE ACTUAL COST PAID BY23
THE ELIGIBLE TAXPAYER FOR A COMMERCIAL CLEAN VEHICLE .24
(II) "B
ATTERY ELECTRIC TRUCK " MEANS A TRUCK THAT IS25
POWERED EXCLUSIVELY BY A RECHARGEABLE BATTERY PACK THAT CAN26
BE RECHARGED BY BEING PLUGGED INTO AN EXTERNAL SOURCE OF27
280
-24- ELECTRICITY AND THAT HAS NO SECONDARY SOURCE OF PROPULSION .1
(III) "B
I-FUEL RENEWABLE FUEL TRUCK " MEANS A RENEWABLE2
FUEL TRUCK THAT IS ALSO CAPABLE OF OPERATING ON TRADITIONAL FUEL .3
(IV) "C
LEAN COMMERCIAL TRUCK " MEANS AN ELECTRIC TRUCK,4
LOW NITROGEN OXIDES TRUCK, PLUG-IN HYBRID ELECTRIC TRUCK, BI-FUEL5
RENEWABLE FUEL TRUCK, OR RENEWABLE FUEL TRUCK PURCHASED BY AN6
ELIGIBLE TAXPAYER THAT IS:7
(A) E
ITHER TITLED AND REGISTERED IN THE STATE OR REGISTERED8
UNDER THE INTERNATIONAL REGISTRATION PLAN AND BASE PLATED IN THE9
STATE;10
(B) P
REDOMINANTLY HOUSED AND BASED AT THE ELIGIBLE11
TAXPAYER'S BUSINESS FACILITY WITHIN AN ENTERPRISE ZONE FOR THE12
TWELVE-MONTH PERIOD FOLLOWING ITS PURCHASE ; AND13
(C) I
S CLASSIFIED AS CLASS A, CLASS B, OR CLASS C PROPERTY14
UNDER SECTION 42-3-106 (2).15
(V) "C
ONVERSION" MEANS ADDING EQUIPMENT TO A TRADITI ONAL16
FUEL TRUCK AFTER IT IS MANUFACTURED TO ENABLE IT TO OPERATE AS A17
BI-FUEL RENEWABLE FUEL TRUCK , ELECTRIC TRUCK, HYBRID TRUCK,18
PLUG-IN HYBRID ELECTRIC TRUCK, OR RENEWABLE FUEL TRUCK.19
(VI) "E
LECTRIC TRUCK" MEANS A BATTERY ELECTRIC TRUCK OR20
A HYDROGEN FUEL CELL TRUCK .21
(VII) "E
LIGIBLE TAXPAYER" MEANS A BUYER OR LESSEE OF A22
CLEAN COMMERCIAL TRUCK FOR A USE OTHER THAN PERSONAL USE THAT23
HAS NOT CLAIMED THE TAX CREDIT FOR INNOVATIVE TRUCKS CREATED IN24
SECTION 39-22-516.8 FOR THE CONVERSION, LEASE, OR PURCHASE OF AN25
ELECTRIC TRUCK OR PLUG-IN ELECTRIC TRUCK IN THAT SAME TAX YEAR .26
A
LESSEE SEEKING TO CLAIM A CREDIT ALLOWED BY THIS SUBSECTION (7)27
280
-25- MUST ENTER INTO A LEASE WITH A TERM OF NOT LESS THAN TWO YEARS .1
(VIII) "F
INANCING ENTITY" MEANS THE ENTITY THAT FINANCES2
THE PURCHASE OR LEASE OF A CLEAN COMMERCIAL TRUCK .3
(IX) "G
ROSS VEHICLE WEIGHT RATING" HAS THE SAME MEANING4
AS SET FORTH IN SECTION 42-2-402 (6).5
(X) "H
EAVY-DUTY TRUCK" MEANS A TRUCK WITH A GROSS6
VEHICLE WEIGHT RATING GREATER THAN TWENTY -SIX THOUSAND POUNDS.7
(XI) "H
YBRID TRUCK" MEANS A TRUCK THAT IS BOTH A PLUG-IN8
ELECTRIC TRUCK AND CAPABLE OF OPERATING ON RENEWABLE FUELS OR9
HYDROGEN.10
(XII) "H
YDROGEN FUEL CELL TRUCK " MEANS A TRUCK THAT IS11
POWERED BY ELECTRICITY PRODUCED FROM A FUEL CELL THAT USES12
HYDROGEN GAS AS FUEL.13
(XIII) "L
EASE" MEANS THE LEASE OF EITHER THE CONVERSION OR14
PURCHASE OF A CLEAN COMMERCIAL TRUCK .15
(XIV) "L
IGHT-DUTY TRUCK" MEANS A TRUCK WITH A GROSS16
VEHICLE WEIGHT GREATER THAN OR E QUAL TO TEN THOUSAND POUNDS17
AND LESS THAN SIXTEEN THOUSAND ONE POUNDS .18
(XV) "L
OW NITROGEN OXIDES TRADITIONAL FUEL TRUCK " MEANS19
A TRUCK THAT IS POWERED BY FUEL THAT SATISFIES THE UNITED STATES20
ENVIRONMENTAL PROTECTION AGENCY 'S RULE "CONTROL OF AIR21
P
OLLUTION FROM NEW MOTOR VEHICLES: HEAVY-DUTY ENGINE AND22
V
EHICLE STANDARDS AND HIGHWAY DIESEL FUEL SULFUR CONTROL23
R
EQUIREMENTS" 40 CFR, 69, 80, AND 86.24
(XVI) "M
EDIUM-DUTY TRUCK" MEANS A TRUCK WITH A GROSS25
VEHICLE WEIGHT OF SIXTEEN THOUSAND ONE POUNDS OR MORE AND NO26
MORE THAN TWENTY-SIX THOUSAND POUNDS.27
280
-26- (XVII) "MOTOR VEHICLE DEALER" HAS THE SAME MEANING AS SET1
FORTH IN SECTION 44-20-102 (18).2
(XVIII) "P
LUG-IN HYBRID ELECTRIC TRUCK" MEANS A TRUCK THAT3
HAS BOTH A RECHARGEABLE BATTERY PACK THAT CAN BE RECHARGED BY4
BEING PLUGGED INTO AN EXTERNAL SOURCE OF ELECTRICITY AND AN5
INTERNAL COMBUSTION ENGINE USING TRADITIONAL FUEL AND IS CAPABLE6
OF BEING POWERED BY THE BATTERY PACK , THE INTERNAL COMBUSTION7
ENGINE, OR BOTH.8
(XIX) "P
URCHASE" MEANS THE PURCHASE OF AN ORIGINAL9
EQUIPMENT MANUFACTURER TRUCK THAT IS A BI -FUEL RENEWABLE FUEL10
TRUCK, ELECTRIC TRUCK, HYBRID TRUCK, LOW NITROGEN OXIDES TRUCK,11
PLUG-IN HYBRID ELECTRIC TRUCK, OR RENEWABLE FUEL TRUCK.12
(XX) "R
ENEWABLE FUEL TRUCK " MEANS A TRUCK THAT IS13
POWERED BY FUEL THAT IS EITHER:14
(A) C
OMPRESSED NATURAL GAS , LIQUEFIED NATURAL GAS, OR15
LIQUIFIED PETROLEUM GAS FROM A PRODUCTION SOURCE THAT IS ELIGIBLE16
FOR A RENEWABLE IDENTIFICATION NUMBER PURSUANT TO THE UNITED17
S
TATES ENVIRONMENTAL PROTECTION AGENCY 'S RENEWAL FUEL18
STANDARD PROGRAM ESTABLISHED IN 40 CFR 80; OR19
(B) R
ECOVERED METHANE , AS DEFINED IN SECTION 25-7.5-10220
(20).21
(XXI) "T
RADITIONAL FUEL" MEANS A PETROLEUM-BASED MOTOR22
FUEL COMMONLY USED ON THE HIGHWAYS OF THE STATE IN THE YEAR23
2008.24
(XXII) "T
RUCK" HAS THE SAME MEANING AS THE TERM IS DEFINED25
IN SECTION 42-1-102 (108).26
(c) F
OR INCOME TAX YEARS BEGINNING ON OR AFTER JULY 1, 2023,27
280
-27- BUT BEFORE JANUARY 1, 2029, THERE IS ALLOWED A CREDIT TO EACH1
ELIGIBLE TAXPAYER IN THE FOLLOWING AMOUNTS :2
(I) F
OR THE CONVERSION, LEASE, OR PURCHASE OF A TRUCK3
DURING THE 2023, 2024, AND 2025 TAX YEARS:4
(A) T
HREE THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE5
OF A LIGHT-DUTY TRUCK THAT IS AN ELECTRIC TRUCK, HYBRID TRUCK, OR6
RENEWABLE FUEL TRUCK;7
(B) O
NE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR THE8
PURCHASE OF A LIGHT-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS9
TRUCK, LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID ELECTRIC10
TRUCK;11
(C) F
IVE THOUSAND DOLLARS FOR THE PURCHASE OF A12
MEDIUM-DUTY TRUCK THAT IS AN ELECTRIC TRUCK , HYBRID TRUCK, OR13
RENEWABLE FUEL TRUCK;14
(D) T
WO THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE15
OF A MEDIUM-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS TRUCK ,16
LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID ELECTRIC TRUCK;17
(E) T
EN THOUSAND DOLLARS FOR THE PURCHASE OF A18
HEAVY-DUTY TRUCK THAT IS AN ELECTRIC TRUCK , HYBRID TRUCK, OR19
RENEWABLE FUEL TRUCK; OR20
(F) F
IVE THOUSAND DOLLARS FOR THE PURCHASE OF A21
HEAVY-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS TRUCK , LOW22
NITROGEN OXIDES TRUCK, OR PLUG-IN HYBRID ELECTRIC TRUCK;23
(II) F
OR THE CONVERSION, LEASE, OR PURCHASE OF AN ELIGIBLE24
TRUCK DURING THE 2026, 2027, 2028, AND 2029 TAX YEARS:25
(A) O
NE THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE26
OF A LIGHT-DUTY TRUCK THAT IS AN ELECTRIC TRUCK, HYBRID TRUCK, OR27
280
-28- RENEWABLE FUEL TRUCK;1
(B) S
EVEN HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A2
LIGHT-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS TRUCK , LOW3
NITROGEN OXIDES TRUCK, OR PLUG-IN HYBRID ELECTRIC TRUCK;4
(C) T
HREE THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE5
OF A MEDIUM-DUTY TRUCK THAT IS AN ELECTRIC TRUCK , HYBRID TRUCK,6
OR RENEWABLE FUEL TRUCK ;7
(D) O
NE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR THE8
PURCHASE OF A MEDIUM -DUTY TRUCK THAT IS A BI-FUEL RENEWABLE9
FUELS TRUCK, LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID10
ELECTRIC TRUCK;11
(E) S
EVEN THOUSAND FIVE HUNDRED DOLLARS FOR THE PURCHASE12
OF A HEAVY-DUTY TRUCK THAT IS AN ELECTRIC TRUCK, HYBRID TRUCK, OR13
RENEWABLE FUEL TRUCK; OR14
(F) T
HREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS FOR THE15
PURCHASE OF A HEAVY-DUTY TRUCK THAT IS A BI-FUEL RENEWABLE FUELS16
TRUCK, LOW NITROGEN OXIDES TRUCK , OR PLUG-IN HYBRID ELECTRIC17
TRUCK.18
(d) A
TAXPAYER CLAIMING THE CREDIT AUTHORIZED BY THIS19
SUBSECTION (7) SHALL NOT CLAIM THE CREDIT IN AN AMOUNT THAT20
EXCEEDS THE DIFFERENCE BETWEEN THE MANUFACTURER 'S SUGGESTED21
RETAIL PRICE FOR THE CLEAN COMMERCIAL TRUCK AND A COMPARABLE22
TRADITIONAL FUEL TRUCK; EXCEPT THAT, FOR A CONVERSION, THE PRICE23
OF THE CONVERSION SERVES AS THE AMOUNT THAT THE CREDIT MAY NOT24
EXCEED.25
(e) (I) A
N ELIGIBLE TAXPAYER MAY ASSIGN THE TAX CREDIT26
ALLOWED IN THIS SUBSECTION (7) FOR THE PURCHASE OR LEASE OF A27
280
-29- CLEAN COMMERCIAL TRUCK COMPLETED ON OR AFTER JULY 1, 2023, TO A1
FINANCING ENTITY OR MOTOR VEHICLE DEALER AS FOLLOWS :2
(A) T
HE ASSIGNMENT TO THE FINANCING ENTITY OR MOTOR3
VEHICLE DEALER MUST BE COMPLETED AT THE TIME OF PURCHASE OR4
LEASE BY ENTERING INTO AN ELECTION STATEMENT AS SET FORTH IN5
SUBSECTION (7)(e)(III) OF THIS SECTION;6
(B) T
HE ELIGIBLE TAXPAYER MUST TITLE AND REGISTER THE7
VEHICLE IN THE STATE OR REGISTER THE VEHICLE UNDER THE8
INTERNATIONAL REGISTRATION PLAN AND BASE PLATE THE VEHICLE IN THE9
STATE AS REQUIRED BY STATE LAW;10
(C) T
HE ELIGIBLE TAXPAYER MUST ASSIGN THE TAX CREDIT TO THE11
FINANCING ENTITY OR MOTOR VEHICLE DEALER AND FORFEIT THE RIGHT12
TO CLAIM THE TAX CREDIT ON THE ELIGIBLE TAXPAYER 'S TAX RETURN IN13
EXCHANGE FOR GOOD AND VALUABLE CONSIDERATION AS DESCRIBED IN14
SUBSECTION (7)(e)(I)(D) OF THIS SECTION; AND15
(D) T
HE FINANCING ENTITY OR MOTOR VEHICLE DEALER SHALL16
COMPENSATE THE ELIGIBLE TAXPAYER FOR THE FULL NOMINAL VALUE OF17
THE TAX CREDIT; EXCEPT THAT THE FINANCING ENTITY OR MOTOR VEHICLE18
DEALER MAY COLLECT AN ADMINISTRATIVE FEE NOT TO EXCEED ONE19
HUNDRED FIFTY DOLLARS FOR PROCESSING THE ASSIGNMENT . THE20
COMPENSATION PAID TO THE ELIGIBLE TAXPAYER IS CONSIDERED A21
REFUND OF STATE TAXES AND IS NOT INCOME .22
(II) N
OTWITHSTANDING SECTION 39-21-108 (3), IF AN ELIGIBLE23
TAXPAYER ASSIGNS THE TAX CREDIT TO A FINANCING ENTITY OR MOTOR24
VEHICLE DEALER PURSUANT TO THIS SUBSECTION (7)(e), THE FINANCING25
ENTITY OR MOTOR VEHICLE DEALER RECEIVES THE FULL AMOUNT OF THE26
TAX CREDIT THAT THE ELIGIBLE TAXPAYER IS ALLOWED IN THIS27
280
-30- SUBSECTION (7). ANY UNPAID BALANCE OR UNPAID DEBT OF THE ELIGIBLE1
TAXPAYER MAY NOT BE CREDITED FROM THE AMOUNT OF THE TAX CREDIT2
ALLOWED IN THIS SUBSECTION (7).3
(III) T
O COMPLETE THE TAX CREDIT ASSIGNMENT , THE ELIGIBLE4
TAXPAYER AND THE FINANCING ENTITY OR MOTOR VEHICLE DEALER SHALL5
ENTER INTO AN ELECTION STATEMENT THAT :6
(A) I
DENTIFIES THE VEHICLE IDENTIFICATION NUMBER OF THE7
VEHICLE FOR WHICH A CREDIT IS ALLOWED IN THIS SUBSECTION (7);8
(B) I
DENTIFIES THE MANUFACTURER 'S SUGGESTED RETAIL PRICE9
FOR THE CLEAN COMMERCIAL TRUCK FOR WHICH A CREDIT IS ALLOWED IN10
THIS SECTION;11
(C) I
DENTIFIES THE MANUFACTURER 'S SUGGESTED RETAIL PRICE12
FOR A TRADITIONAL FUEL TRUCK COMPARABLE TO THE RELEVANT CLEAN13
COMMERCIAL TRUCK; AND14
(D) A
FFIRMS THAT THE REQUIREMENTS SPECIFIED IN SUBSECTION15
(7)(e)(I)
OF THIS SECTION WERE MET.16
(IV) T
HE FINANCING ENTITY OR MOTOR VEHICLE DEALER MAY17
AUTHORIZE AN AGENT OR A DESIGNEE TO SIGN THE ELECTION STATEMENT18
ON ITS BEHALF.19
(V) F
OR THE PURCHASE OR LEASE OF A CLEAN COMMERCIAL TRUCK20
ON OR AFTER JULY 1, 2023, THE FINANCING ENTITY OR MOTOR VEHICLE21
DEALER SHALL ELECTRONICALLY SUBMIT A REPORT CONTAINING THE22
INFORMATION CONTAINED IN THE ELECTION STATEMENT DESCRIBED IN23
SUBSECTION (7)(e)(III) OF THIS SECTION TO THE DEPARTMENT OF REVENUE24
IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT AND WITHIN25
THIRTY DAYS OF THE ELIGIBLE TAXPAYER PURCHASING OR LEASING A26
CLEAN COMMERCIAL TRUCK .27
280
-31- (VI) THE FINANCING ENTITY OR MOTOR VEHICLE DEALER SHALL1
ALSO FILE THE ELECTION STATEMENT DESCRIBED IN SUBSECTION (7)(e)(III)2
OF THIS SECTION WITH THE ORIGINAL TAX RETURN FOR THE TAXABLE YEAR3
IN WHICH THE ELIGIBLE TAXPAYER LEASES OR PURCHASES THE CLEAN4
COMMERCIAL TRUCK.5
(VII) T
HE DEPARTMENT OF REVENUE, IN CONSULTATION WITH THE6
C
OLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101, SHALL7
DEVELOP A MODEL REPORT AND ELECTION STATEMENT NO LATER THAN8
D
ECEMBER 1, 2023.9
(f) I
F A CREDIT AUTHORIZED IN THIS SUBSECTION (7) EXCEEDS THE10
INCOME TAX DUE ON THE INCOME OF THE TAXPAYER FOR THE TAXABLE11
YEAR, THE EXCESS CREDIT MAY NOT BE CARRIED FORWARD AND MUST BE12
REFUNDED TO THE TAXPAYER .13
(g) (I) N
O MORE THAN ONE TAX CREDIT SHALL BE GRANTED14
PURSUANT TO THIS SUBSECTION (7) FOR ANY INDIVIDUAL CLEAN15
COMMERCIAL TRUCK.16
(II) A
N ELIGIBLE TAXPAYER THAT CLAIMS A CREDIT ALLOWED IN17
THIS SUBSECTION (7) SHALL NOT CLAIM ANY OTHER CREDIT OTHERWISE18
ALLOWED IN THIS SECTION FOR THE SAME CLEAN COMMERCIAL TRUCK .19
(h) W
ITH RESPECT TO TAX YEARS COMMENCING ON OR AFTER20
J
ANUARY 1, 2023, THE TAXPAYER CLAIMING A CREDIT ALLOWED IN THIS21
SUBSECTION (7) SHALL PROVIDE THE DEPARTMENT OF REVENUE WITH , AND22
THE DEPARTMENT SHALL COMMENCE TRACKING OF , THE VEHICLE23
IDENTIFICATION NUMBER OF THE CLEAN COMMERCIAL TRUCK FOR WHICH24
A CREDIT IS CLAIMED AS ALLOWED IN THIS SUBSECTION (7).25
(i) M
AKING THE ELIGIBLE TAXPAYER AWARE OF THE INCOME TAX26
CREDIT ALLOWED IN THIS SUBSECTION (7) OR HELPING THE ELIGIBLE27
280
-32- TAXPAYER ASSIGN THE INCOME TAX CREDIT TO A FINANCING ENTITY OR1
MOTOR VEHICLE DEALER AS ALLOWED IN THIS SUBSECTION (7) DOES NOT2
RISE TO THE LEVEL OF PROVIDING THE ELIGIBLE TAXPAYER WITH3
UNAUTHORIZED TAX ADVICE .4
(j) T
HIS SUBSECTION (7) IS REPEALED, EFFECTIVE DECEMBER 31,5
2034.6
SECTION 10.
In Colorado Revised Statutes, 42-3-304, add7
(20.5) as follows:8
42-3-304. Registration fees - passenger-mile taxes - pilot9
program - report - rules - definitions. (20.5) (a) B
EGINNING JANUARY10
1,
2024, AND THROUGH DECEMBER 31, 2032, IN ADDITION TO ANY OTHER11
FEE IMPOSED BY THIS SECTION, THE CLEAN FLEET ENTERPRISE SHALL12
IMPOSE, AND THE DEPARTMENT SHALL COLLECT , AT THE TIME OF13
REGISTRATION, A HEAVY-DUTY DIESEL VEHICLE REGISTRATION FEE THAT14
IS
NO MORE THAN THIRTY DOLLARS FOR HEAVY-DUTY DIESEL VEHICLES15
THAT ARE MODEL YEAR 2010 THROUGH 2014, AND NO MORE THAN FIFTY16
DOLLARS FOR HEAVY-DUTY DIESEL VEHICLES THAT ARE MODEL YEAR 200917
OR OLDER. THIS FEE APPLIES TO BOTH INTRASTATE AND INTERSTATE18
HEAVY-DUTY DIESEL VEHICLES. FOR INTERSTATE HEAVY-DUTY DIESEL19
VEHICLES, THE FEE IS PRORATED BASED ON THE FLEET OWNER 'S20
PERCENTAGE OF MILEAGE IN COLORADO.21
(b) T
HE DEPARTMENT SHALL TRANSMIT THE HEAVY -DUTY DIESEL22
VEHICLE REGISTRATION FEE REVENUE IT COLLECTS ON BEHALF OF THE23
CLEAN FLEET ENTERPRISE PURSUANT TO THIS SUBSECTION (20.5) TO THE24
STATE TREASURER, WHO SHALL TRANSFER THE FEE REVENUE TO THE25
CLEAN FLEET ENTERPRISE DIESEL TRUCK EMISSIONS REDUCTION GRANT26
PROGRAM CASH FUND CREATED IN SECTION 25-7.5-103 (5.5).27
280
-33- (c) AS USED IN THIS SUBSECTION (20.5), UNLESS THE CONTEXT1
OTHERWISE REQUIRES:2
(I) "D
IESEL-POWERED MOTOR VEHICLE" MEANS A MOTOR VEHICLE3
POWERED BY AN INTERNAL COMBUSTION , COMPRESSION IGNITION,4
DIESEL-FUELED ENGINE. THIS DOES NOT INCLUDE HYBRID DIESEL FUEL5
TYPES.6
(II) "H
EAVY-DUTY DIESEL VEHICLE" MEANS A DIESEL-POWERED7
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF MORE THAN8
SIXTEEN THOUSAND POUNDS .9
SECTION 11.
In Colorado Revised Statutes, add 42-4-318 as10
follows:11
42-4-318. Restrictions on types of trucks used in state projects12
- fine - legislative declaration - definition. (1) T
HE GENERAL ASSEMBLY13
HEREBY FINDS AND DECLARES THAT :14
(a) C
OLORADO'S STATE GOVERNMENT IS COMMITTED TO15
IMPROVING COLORADO'S AIR QUALITY AND REDUCING OVERALL EMISSIONS16
AND GREENHOUSE GASES WITHIN COLORADO;17
(b) C
OLORADO'S STATE GOVERNMENT HAS POLICIES AND18
PROGRAMS TO REDUCE EMISSIONS AND THE GREENHOUSE GAS FOOTPRINT19
OF STATE AGENCIES;20
(c) C
OLORADO'S STATE GOVERNMENT SHOULD BE A LEADER IN21
PROMOTING AND IMPLEMENTING MEASURES TO IMPROVE AIR QUALITY ;22
(d) A
LTHOUGH COLORADO'S STATE GOVERNMENT IS PURSUING23
ACTIONS TO REDUCE EMISSIONS AND GREENHOUSE GASES IN ITS VEHICLE24
FLEETS, MANY OLDER HIGH-EMITTING TRUCKS TRAVEL TO AND FROM25
STATE PROJECT SITES AS CONTRACTORS AND SUBCONTRACTORS ; AND26
(e) T
HEREFORE, IT IS IN THE BEST INTEREST OF BOTH COLORADO'S27
280
-34- STATE GOVERNMENT AND COLORADO'S CITIZENS THAT THE STATE TAKE1
ACTION AND CREATE POLICIES THAT PRECLUDE HIGH EMITTING DIESEL2
TRUCKS FROM OPERATING ON STATE AWARDED PROJECTS .3
(2) S
TATE AGENCIES SHALL BEGIN TO PHASE OUT OLDER HIGH4
EMITTING DIESEL TRUCKS FROM OPERATING ON STATE AWARDED PROJECTS5
IN A NONATTAINMENT AREA OF THE STATE , AS DESIGNATED BY THE
6
U
NITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO
7
SECTION 24-38.5-116 (2)(h), ON THE FOLLOWING SCHEDULE :8
(a) O
N AND AFTER JANUARY 1, 2025, DIESEL TRUCKS WITH A9
GROSS VEHICLE WEIGHT OF SIXTEEN THOUSAND ONE POUNDS OR GREATER10
THAT ARE OLDER THAN MODEL YEAR 2002 SHALL NOT BE PERMITTED ON11
ANY STATE PROJECT SITE IN A NONATTAINMENT AREA OF THE STATE , AS
12
DESIGNATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION13
AGENCY PURSUANT TO SECTION 24-38.5-116 (2)(h);14
(b) O
N AND AFTER JANUARY 1, 2027, DIESEL TRUCKS WITH A15
GROSS VEHICLE WEIGHT OF SIXTEEN THOUSAND ONE POUNDS OR GREATER16
THAT ARE OLDER THAN MODEL YEAR 2007
SHALL NOT BE PERMITTED ON17
ANY STATE PROJECT SITE IN A NONATTAINMENT AREA OF THE STATE , AS18
DESIGNATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION19
AGENCY PURSUANT TO SECTION 24-38.5-116 (2)(h); AND20
(c) O
N AND AFTER JANUARY 1, 2029, DIESEL TRUCKS WITH A
21
GROSS VEHICLE WEIGHT OF SIXTEEN THOUSAND ONE POUND OR GREATER22
THAT ARE OLDER THAN MODEL YEAR 2010 SHALL NOT BE PERMITTED ON23
ANY STATE PROJECT SITE IN A NONATTAINMENT AREA OF THE STATE , AS24
DESIGNATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION25
AGENCY PURSUANT TO SECTION 24-38.5-116 (2)(h).26
(3) O
N AND AFTER JANUARY 1, 2024, ALL STATE PROJECT BID
27
280
-35- REQUESTS AND PROJECT AWARDS MUST INCLUDE LANGUAGE SPECIFYING1
THE MODEL YEAR OF DIESEL TRUCKS PERMITTED TO OPERATE ON THE2
STATE PROJECT SITE. THE DEPARTMENT OF TRANSPORTATION SHALL BOTH3
DEVELOP A PROCEDURE FOR ENSURING COMPLIANCE WITH THIS SECTION4
AND OUTLINE PENALTIES FOR FAILING TO COMPLY WITH THIS SECTION .5
(4) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE
6
CONTRARY, THIS SECTION SHALL NOT APPLY TO DIESEL TRUCKS USED BY7
THE DEPARTMENT OF TRANSPORTATION , OTHER STATE AGENCIES, OR8
LOCAL GOVERNMENTS TO PERFORM ROUTINE MAINTENANCE ON OR9
INCIDENTAL TRAVEL TO STATE PROJECTS .10
(5) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE11
REQUIRES, "DIESEL TRUCK" MEANS A TRUCK POWERED BY AN INTERNAL ,12
COMBUSTION, COMPRESSION IGNITION, DIESEL-FUELED ENGINE. THIS DOES13
NOT INCLUDE HYBRID DIESEL FUEL TYPES.14
SECTION 12. In Colorado Revised Statutes, 42-20-301, amend15
(3) as follows:16
42-20-301. Route designation. (3) (a) Notwithstanding any other17
provision of this part 3 or part 1 or 2 of this article ARTICLE 20 to the18
contrary, the transportation commission may regulate hours of operation19
of the Eisenhower-Johnson tunnels, structure numbers F13Y and F13X,20
respectively, on interstate 70.21
(b) T
HE PATROL MAY CONFORM HAZARDOUS MATERIALS ROUTING22
REGULATIONS MADE PURSUANT TO THIS SECTION TO TRANSPORTATION23
COMMISSION REGULATIONS MADE PURSUANT TO SUBSECTION (3)(a) OF24
THIS SECTION.25
SECTION 13.
In Colorado Revised Statutes, add part 15 to26
article 4 of title 43 as follows:27
280
-36- PART 151
FUELS IMPACT ENTERPRISE2
43-4-1501. Legislative declaration. (1) (a) (I) T
HE GENERAL3
ASSEMBLY FINDS AND DECLARES THAT :4
(A) C
ERTAIN COMMUNITIES IN THE STATE SERVE AS THE5
DISTRIBUTION POINTS FOR ALMOST ALL OF THE FUEL TRANSPORTED IN THE6
STATE;7
(B) L
ICENSED FUEL DISTRIBUTORS RELY ON THE HAZARDOUS8
MITIGATION CORRIDOR INFRASTRUCTURE IN THESE COMMUNITIES TO9
SUPPORT THE ECONOMIC FUNCTIONS OF THE STATE ; AND10
(C) I
NCREASING REQUIREMENTS ON FUEL COMPOSITION AND11
BLENDS WILL CAUSE THE INFRASTRUCTURE IN THESE COMMUNITIES TO BE12
RELIED UPON EVEN MORE.13
(II) T
HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS14
APPROPRIATE TO ESTABLISH THE FUELS IMPACT REDUCTION GRANT15
PROGRAM TO PROVIDE GRANTS TO THOSE COMMUNITIES FOR THE16
IMPROVEMENT OF THEIR HAZARDOUS MITIGATION CORRIDOR17
INFRASTRUCTURE AND FOR PROJECTS RELATED TO THE TRANSPORTATION18
OF FUEL WITHIN THE STATE.19
(b) T
HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS20
REASONABLE TO ESTABLISH THE FUELS IMPACT ENTERPRISE TO ASSIST IN21
THE ADMINISTRATION OF THE PROGRAMS DESCRIBED IN THIS SUBSECTION22
(1)
AND TO COLLECT THE FEES NECESSARY TO IMPLEMENT THESE23
PROGRAMS.24
(2) T
HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :25
(a) T
HE FUELS IMPACT ENTERPRISE PROVIDES IMPACT REDUCTION26
SERVICES WHEN, IN EXCHANGE FOR THE PAYMENT OF THE FUELS IMPACT27
280
-37- REDUCTION FEE BY LICENSED FUEL EXCISE TAX DISTRIBUTORS AND1
LICENSED FUEL DISTRIBUTORS, IT ACTS AS AUTHORIZED BY THIS SECTION2
TO PROVIDE ASSISTANCE IN IMPROVING HAZARDOUS MITIGATION3
CORRIDORS AND PROJECTS RELATED TO THE TRANSPORTATION OF FUEL4
WITHIN THE STATE;5
(b) B
Y PROVIDING IMPACT REDUCTION SERVICES AS AUTHORIZED6
BY THIS SECTION, THE FUELS IMPACT ENTERPRISE PROVIDES A BENEFIT TO7
FEE PAYERS BY IMPROVING THE TRANSPORTATION OF FUEL IN THE STATE ,8
AND MONITORING VEHICLE EMISSIONS , AND, THEREFORE OPERATES AS A9
BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF THE COLORADO10
SUPREME COURT IN COLORADO UNION OF TAXPAYERS FOUNDATION V. CITY11
OF ASPEN, 2018 CO 36;12
(c) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO13
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89614
P.2
D 859 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT15
WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE16
CONSTITUTION, AND, THEREFORE, IT IS THE CONCLUSION OF THE GENERAL17
ASSEMBLY THAT THE REVENUE COLLECTED BY THE FUELS IMPACT18
ENTERPRISE IS GENERATED BY FEES , NOT TAXES, BECAUSE THE FUELS19
IMPACT REDUCTION FEE IMPOSED BY THE ENTERPRISE IS :20
(I) I
MPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE21
ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE SERVICES SPECIFIED22
IN THIS SECTION; AND23
(II) C
OLLECTED AT RATES THAT ARE REASONABLY CALCULATED24
BASED ON THE COSTS OF THE SERVICES PROVIDED BY THE ENTERPRISE ;25
AND26
(d) S
O LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR27
280
-38- PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE1
REVENUE FROM THE FUELS IMPACT REDUCTION FEE IS NOT STATE FISCAL2
YEAR SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE3
REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT4
COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED5
BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS6
STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I)(G).7
43-4-1502. Definitions. A
S USED IN THIS PART 15, UNLESS THE8
CONTEXT OTHERWISE REQUIRES :9
(1) "E
NTERPRISE" MEANS THE FUELS IMPACT ENTERPRISE CREATED10
IN SECTION 43-4-1503.11
(2) "F
UEL PRODUCT" MEANS GASOLINE, BLENDED GASOLINE,12
GASOLINE SOLD FOR GASOHOL PRODUCTION , GASOHOL, DIESEL, BIODIESEL13
BLENDS, NATURAL GAS, AND SPECIAL FUELS, AND SPECIAL FUEL MIXES14
WITH ALCOHOL.15
(3) "F
UELS IMPACT REDUCTION FEE" MEANS THE FEE IMPOSED BY16
THE ENTERPRISE PURSUANT TO SECTION 43-4-1505 (1).17
(4) "F
UND" MEANS THE FUELS IMPACT ENTERPRISE FUND CREATED18
IN SECTION 43-4-1504.19
(5) "G
RANT PROGRAM" MEANS THE FUELS IMPACT REDUCTION20
GRANT PROGRAM CREATED IN SECTION 43-4-1506.21
43-4-1503. Fuels impact enterprise - creation - powers and22
duties. (1) (a) T
HE FUELS IMPACT ENTERPRISE IS CREATED IN THE23
DEPARTMENT . THE ENTERPRISE IS AND OPERATES AS A24
GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT IN ORDER TO25
EXECUTE ITS BUSINESS PURPOSES AS SPECIFIED IN SUBSECTION (2) OF THIS26
SECTION BY EXERCISING THE POWERS AND PERFORMING THE DUTIES AND27
280
-39- FUNCTIONS SET FORTH IN THIS SECTION.1
(b) T
HE ENTERPRISE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION2
24-1-105,
AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND3
FUNCTIONS UNDER THE DEPARTMENT . THE GOVERNING BOARD OF THE4
ENTERPRISE IS MADE UP OF THE TRANSPORTATION COMMISSION CREATED5
IN SECTION 43-1-106 (1).6
(2) T
HE BUSINESS PURPOSES OF THE ENTERPRISE ARE TO IMPROVE7
THE TRANSPORTATION OF FUEL IN THE STATE AND MONITOR VEHICLE8
EMISSIONS. TO ALLOW THE ENTERPRISE TO ACCOMPLISH THESE BUSINESS9
PURPOSES AND FULLY EXERCISE ITS POWERS AND DUTIES , THE ENTERPRISE10
MAY:11
(a) I
MPOSE A FUELS IMPACT REDUCTION FEE AS AUTHORIZED BY12
SECTION 43-4-1505 (1);13
(b) I
SSUE GRANTS AS AUTHORIZED BY THE FUELS IMPACT14
REDUCTION GRANT PROGRAM CREATED IN SECTION 43-4-1506; AND15
(c) I
SSUE REVENUE BONDS PAYABLE FROM FUELS IMPACT16
REDUCTION FEE REVENUE AND OTHER AVAILABLE MONEY OF THE17
ENTERPRISE.18
(3) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES19
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT20
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS21
THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN GRANTS FROM ALL22
C
OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT23
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3), THE24
ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE25
CONSTITUTION.26
(4) I
N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN27
280
-40- THIS SECTION, THE ENTERPRISE HAS THE FOLLOWING GENERAL POWERS1
AND DUTIES:2
(a) T
O PROVIDE SERVICES AS SET FORTH IN SECTION 43-4-1506;3
AND4
(b) T
O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY5
OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES6
GRANTED BY THIS SECTION.7
43-4-1504. Fuels impact enterprise cash fund - definition.8
(1) (a) (I) T
HE FUELS IMPACT ENTERPRISE CASH FUND IS CREATED IN THE9
STATE TREASURY. THE FUND CONSISTS OF FUELS IMPACT REDUCTION FEE10
REVENUE CREDITED TO THE FUND PURSUANT TO SECTION 43-4-1505 (1),11
ANY MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR12
APPROPRIATE TO THE FUND FOR THE IMPLEMENTATION OF THE GRANT13
PROGRAM, AND ANY FEDERAL MONEY OR GIFTS , GRANTS, OR DONATIONS14
RECEIVED. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND15
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE16
FUND TO THE FUND.17
(II) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE18
ENTERPRISE FOR THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE19
GRANT PROGRAM.20
(III) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND21
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE22
FUND TO THE FUND.23
(b) (I) N
OTWITHSTANDING SECTION 8-20-206.5 (8)(b), IF THE24
AVAILABLE FUND BALANCE IN THE F UND IS GREATER THAN FIFTEEN25
MILLION DOLLARS, THE ENTERPRISE SHALL NOT IMPOSE , AND THE26
DEPARTMENT OF REVENUE SHALL NOT COLLECT , THE FUELS IMPACT27
280
-41- REDUCTION FEE DESCRIBED IN SECTION 8-20-206.5 (8), BUT IF THE1
AVAILABLE BALANCE IN THE FUND IS LESS THAN FIFTEEN MILLION2
DOLLARS WITHIN A FISCAL YEAR, THE ENTERPRISE SHALL IMPOSE, AND THE3
DEPARTMENT OF REVENUE SHALL COLLECT , THE FUELS IMPACT REDUCTION4
FEE IN ACCORDANCE WITH SECTION 8-20-206.5 (8)(b).5
(II) F
OR THE PURPOSES OF THIS SUBSECTION (1)(b), "AVAILABLE6
FUND BALANCE" MEANS THE SUM OF THE CURRENT YEAR REVENUES AND7
THE PREVIOUS FUND BALANCE MINUS THE SUM OF THE OBLIGATIONS8
APPROVED BY THE ENTERPRISE AND THE COSTS INCURRED BY THE9
DEPARTMENT OF REVENUE IN COLLECTING THE FUELS IMPACT REDUCTION10
FEE REVENUE.11
(c) F
OR PURPOSES OF THIS PART 15, THE ENTERPRISE MAY SEEK,12
ACCEPT, AND EXPEND MONEY FROM FEDERAL SOURCES .13
(2) T
HE DEPARTMENT MAY TRANSFER MONEY FROM ANY LEGALLY14
AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF DEFRAYING15
EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES FEE16
REVENUE OR REVENUE BOND PROCEEDS . THE ENTERPRISE MAY ACCEPT17
AND EXPEND ANY MONEY SO TRANSFERRED , AND, NOTWITHSTANDING ANY18
STATE FISCAL RULE OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE19
THAT COULD OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY20
CONCLUSION, SUCH A TRANSFER IS A LOAN FROM THE DEPARTMENT TO THE21
ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS NOT A GRANT FOR22
PURPOSES OF SECTION 20 (2)(d) OF ARTICLE X OF THE STATE23
CONSTITUTION, OR AS DEFINED IN SECTION 24-77-102 (7). ALL MONEY24
TRANSFERRED AS A LOAN TO THE ENTERPRISE SHALL BE CREDITED TO THE25
FUND. LOAN LIABILITIES THAT ARE RECORDED IN THE FUELS IMPACT FUND26
BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT FISCAL YEAR27
280
-42- SHALL NOT BE CONSIDERED WHEN CALCULATING SUFFICIENT STATUTORY1
FUND BALANCE FOR PURPOSES OF SECTION 24-75-109. AS THE ENTERPRISE2
RECEIVES SUFFICIENT REVENUE IN EXCESS OF EXPENSES , THE ENTERPRISE3
SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL AMOUNT OF ANY4
LOAN MADE BY THE DEPARTMENT PLUS INTEREST AT A RATE SET BY THE5
DEPARTMENT.6
43-4-1505. Fuels impact reduction fee. (1) (a) I
N FURTHERANCE7
OF ITS BUSINESS PURPOSE , BEGINNING SEPTEMBER 1, 2023, THE8
ENTERPRISE SHALL IMPOSE A FUELS IMPACT REDUCTION FEE PER GALLON9
TO BE PAID BY A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN10
C
OLORADO AND A LICENSED FUEL DISTRIBUTOR WHO SHIPS PR ODUCTS11
FROM OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO. FOR THE12
PURPOSE OF MINIMIZING COMPLIANCE COSTS FOR DISTRIBUTORS AND13
ADMINISTRATIVE COSTS FOR THE STATE , THE DEPARTMENT OF REVENUE14
SHALL COLLECT THE FUELS IMPACT REDUCTION FEE ON BEHALF OF THE15
ENTERPRISE, AND A FUEL DISTRIBUTOR SHALL PAY THE FEE TO THE16
DEPARTMENT OF REVENUE AS REQUIRED BY SECTION 8-20-206.5 (8)(a).17
(b) F
OR A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN18
C
OLORADO AND A LICENSED FUEL DISTRIBUTOR WHO SHIPS PRODUCTS19
FROM OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO, BEGINNING20
S
EPTEMBER 1, 2023, THE ENTERPRISE SHALL IMPOSE THE FUELS IMPACT21
REDUCTION FEE IN A REASONABLE AMOUNT THAT IS NO MORE THAN SIX
22
THOUSAND ONE HUNDRED TWENTY -FIVE MILLIONTHS OF A DOLLAR PER23
GALLON OF FUEL PRODUCTS DELIVERED FOR SALE OR USE IN COLORADO.24
(c) A
S REQUIRED BY SECTION 8-20-206.5 (8)(c), THE EXECUTIVE25
DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS26
IMPACT REDUCTION FEE REVENUE IT COLLECTS TO THE STATE TREASURER27
280
-43- WHO SHALL CREDIT THE REVENUE, MINUS THE COSTS TO THE DEPARTMENT1
OF REVENUE FOR COLLECTING THE FEE , TO THE FUND.2
43-4-1506. Fuels impact reduction grant program. (1) T
HERE3
IS HEREBY CREATED THE FUELS IMPACT REDUCTION GRANT PROGRAM TO4
PROVIDE GRANTS TO CERTAIN CRITICALLY IMPACTED COMMUNITIES ,5
GOVERNMENTS , AND TRANSPORTATION CORRIDORS FOR THE6
IMPROVEMENT OF HAZARDOUS MITIGATION CORRIDORS AND TO SUPPORT7
LOCAL AND STATE GOVERNMENT PROJECTS RELATED TO EMERGENCY8
RESPONSES, ENVIRONMENTAL MITIGATION, OR PROJECTS RELATED TO THE9
TRANSPORTATION OF FUEL WITHIN THE STATE .10
(2) (a) A
S PART OF THE FUELS IMPACT REDUCTION GRANT11
PROGRAM, THE ENTERPRISE SHALL ANNUALLY DISTRIBUTE TEN MILLION12
DOLLARS FROM THE FUND TO THE FOLLOWING POLITICAL SUBDIVISIONS13
FOR THE IMPROVEMENT OF HAZARDOUS MITIGATION CORRIDORS IN THE14
STATE PRIORITIZING USES RELATED TO SAFETY AND ENVIRONMENTAL
15
IMPACTS:16
(I) S
IX MILLION FOUR HUNDRED THOUSAND DOLLARS TO ADAMS17
COUNTY;18
(II) T
WO MILLION DOLLARS TO THE CITY OF AURORA;19
(III) O
NE MILLION THREE HUNDRED THOUSAND DOLLARS TO EL20
P
ASO COUNTY;21
(IV) T
WO HUNDRED FORTY THOUSAND DOLLARS TO MESA22
COUNTY; AND23
(V) S
IXTY THOUSAND DOLLARS TO OTERO COUNTY.24
(b) I
F THE ENTERPRISE IS UNABLE TO DISTRIBUTE TEN MILLION
25
DOLLARS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE26
ENTERPRISE SHALL DISTRIBUTE THE DOLLARS IT CAN DISTRIBUTE IN THE27
280
-44- SAME PROPORTION AS DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION.1
(c) IF A POLITICAL SUBDIVISION IS UNABLE TO ACCEPT THE ANNUAL2
DISTRIBUTION MADE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,3
THE ENTERPRISE SHALL DISTRIBUTE THE UNACCEPTED AMOUNTS TO THE4
OTHER POLITICAL SUBDIVISIONS ON A PROPORTIONATE BASIS .5
(3) T
HE ENTERPRISE SHALL ANNUALLY DISTRIBUTE UP TO FIVE6
MILLION DOLLARS FROM THE FUND , AFTER MAKING THE TRANSFERS7
REQUIRED BY SUBSECTION (2) OF THIS SECTION AND AFTER PROVIDING FOR8
THE ADMINISTRATIVE EXPENSES OF THE ENTERPRISE , TO KEY COMMERCIAL9
FREIGHT CORRIDORS, TO SUPPORT STATE GOVERNMENT PROJECTS RELATED10
TO EMERGENCY RESPONSES, ENVIRONMENTAL MITIGATION, OR TO SUPPORT11
PROJECTS RELATED TO THE TRANSPORTATION OF FUEL WITHIN THE STATE12
ON ROUTES NECESSARY FOR THE TRANSPORTATION OF HAZARDOUS13
MATERIALS.14
43-4-1507. Repeal of part. T
HIS PART 15 IS REPEALED, EFFECTIVE15
J
ANUARY 1, 2030.16
SECTION 14. Appropriation. (1) For the 2023-24 state fiscal
17
year, $576,346 is appropriated to the department of revenue. This18
appropriation is from General Fund. To implement this act, the19
department may use this appropriation as follows:20
(a) $166,239 for personal services related to taxation services,21
which amount is based on an assumption that the division will require an22
additional 2.5 FTE;23
(b) $22,845 for operating expenses related to taxation services;24
(c) $333,303 for tax administration IT system (GenTax) support;25
(d) $29,912 for DRIVES maintenance and support; and26
(e) $24,047 for the purchase of document management services.27
280
-45- (2) For the 2023-24 state fiscal year, $24,047 is appropriated to1
the department of personnel. This appropriation is from reappropriated2
funds received from the department of revenue under subsection (1)(e) of3
this section. To implement this act, the department of personnel may use4
this appropriation to provide document management services for the5
department of revenue.6
(3) For the 2023-24 state fiscal year, $224,592 is appropriated to7
the department of law. This appropriation is from the legal services cash8
fund created in section 24-31-108 (4), C.R.S., from revenue received9
from the department of public health and environment that is10
continuously appropriated to the department from the clean fleet11
enterprise diesel truck emissions reduction grant program cash fund12
created in section 25-7.5-103 (5)(a), C.R.S. The appropriation to the13
department of law is based on an assumption that the department of law14
will require an additional 1.0 FTE. To implement this act, the department15
of law may use this appropriation to provide legal services for the16
department of public health and environment.17
SECTION 15. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly; except20
that, if a referendum petition is filed pursuant to section 1 (3) of article V21
of the state constitution against this act or an item, section, or part of this22
act within such period, then the act, item, section, or part will not take23
effect unless approved by the people at the general election to be held in24
November 2024 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
280
-46-