Colorado 2023 Regular Session

Colorado Senate Bill SB280 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
7+LLS NO. 23-0270.02 Pierce Lively x2059
18 SENATE BILL 23-280
2-BY SENATOR(S) Mullica, Priola, Rodriguez;
3-also REPRESENTATIVE(S) Snyder, Bird, Boesenecker, Brown, Dickson,
4-Joseph, Ricks, Titone, Young, McCluskie.
9+Senate Committees House Committees
10+Finance Finance
11+Appropriations Appropriations
12+A BILL FOR AN ACT
513 C
6-ONCERNING THE MITIGATION OF CERTAIN TRANSPORTATION -RELATED
7-ENVIRONMENTAL HAZARDS
8-, AND, IN CONNECTION THEREWITH ,
9-CREATING THE FUELS IMPACT ENTERPRISE TO ADMINISTER PROGRAMS
10-AND IMPOSE FEES THAT ARE RELATED TO THE TRANSPORTATION OF
11-FUEL WITHIN THE STATE
12-, MODIFYING THE FEE COLLECTED FOR THE
13-DISTRIBUTION TO THE PERFLUOROALKYL AND POLYFLUOROALKYL
14-SUBSTANCES CASH FUND
15-, MODIFYING THE PETROLEUM STORAGE
16-TANK FUND
17-, ALLOWING THE COLORADO STATE PATROL TO CONFORM
18-HAZARD MATERIALS ROUTING REGULATIONS TO TRANSPORTATION
19-COMMISSION RULES
20-, AND MAKING AN APPROPRIATION .
21-Be it enacted by the General Assembly of the State of Colorado:
22-SECTION 1. In Colorado Revised Statutes, 8-20.5-103, amend (3)
23-introductory portion, (3)(f)(II), (9)(a)(III), and (9)(a)(IV); and add (3.7) and
24-(9)(a)(V) as follows:
25-8-20.5-103. Petroleum storage tank fund - petroleum cleanup
26-NOTE: This bill has been prepared for the signatures of the appropriate legislative
27-officers and the Governor. To determine whether the Governor has signed the bill
28-or taken other action on it, please consult the legislative status sheet, the legislative
29-history, or the Session Laws.
30-________
31-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32-through words or numbers indicate deletions from existing law and such material is not part of
33-the act. and redevelopment fund - creation - rules - repeal. (3) The moneys
34-MONEY in the petroleum storage tank fund are IS continuously appropriated
35-to the division of oil and public safety; except that moneys THE
36-EXPENDITURE OF MONEY
37- for the purposes specified in paragraphs (b), (f),and (g) of this subsection (3) are SUBSECTIONS (3)(b), (3)(f), AND (3)(g) OF
38-THIS SECTION IS
39- subject to annual appropriation by the general assembly.
40-The fund shall be used for:
14+ONCERNING THE MITIGATION OF CERTAIN101
15+TRANSPORTATION-RELATED ENVIRONMENTAL HAZARDS , AND, IN102
16+CONNECTION THEREWITH , CREATING THE FUELS IMPACT103
17+ENTERPRISE TO ADMINISTER PROGRAMS AND IMPOSE FEES THAT104
18+ARE RELATED TO THE TRANSPORT ATION OF FUEL WITHIN THE105
19+STATE, MODIFYING THE FEE COLLECTED FOR THE DISTRIBUTION106
20+TO THE PERFLUOROALKYL AND POLYFLUOROALKYL107
21+SUBSTANCES CASH FUND, MODIFYING THE PETROLEUM STORAGE108
22+TANK FUND, ALLOWING THE COLORADO STATE PATROL TO109
23+CONFORM HAZARD MATERIALS ROUTING REGULATIONS TO110
24+TRANSPORTATION COMMISSION RULES , AND MAKING AN111
25+APPROPRIATION.112
26+HOUSE
27+Amended 2nd Reading
28+May 7, 2023
29+SENATE
30+3rd Reading Unamended
31+April 25, 2023
32+SENATE
33+Amended 2nd Reading
34+April 24, 2023
35+SENATE SPONSORSHIP
36+Mullica, Priola, Rodriguez
37+HOUSE SPONSORSHIP
38+Snyder,
39+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
40+Capital letters or bold & italic numbers indicate new material to be added to existing law.
41+Dashes through the words or numbers indicate deletions from existing law. Bill Summary
42+(Note: This summary applies to this bill as introduced and does
43+not reflect any amendments that may be subsequently adopted. If this bill
44+passes third reading in the house of introduction, a bill summary that
45+applies to the reengrossed version of this bill will be available at
46+http://leg.colorado.gov
47+.)
48+The bill creates the fuels impact enterprise. The enterprise imposes
49+a new fuels impact reduction fee on fuel product manufacturers to fund
50+the fuels impact reduction grant program that the fuels impact enterprise
51+administers. The fuels impact reduction fee is equal to $.06125 per gallon
52+of fuel products delivered during the previous calendar month for sale or
53+use in Colorado. The fee is collected and deposited in the fuels impact
54+enterprise hazardous materials infrastructure cash fund until the fund has
55+an available balance of $15 million or more.
56+Under the fuels impact reduction grant program, the fuels impact
57+enterprise provides grants to certain critically impacted communities,
58+governments, and transportation corridors for the improvement of
59+hazardous mitigation corridors and to support key commercial freight
60+corridors, local and state government projects related to emergency
61+responses, environmental mitigation, or projects related to the
62+transportation of fuel within the state.
63+The bill also amends the clean fleet enterprise so that the clean
64+fleet enterprise imposes, between January 1, 2024, and December 31,
65+2032, a heavy-duty diesel vehicle registration fee of $10 for heavy-duty
66+diesel vehicles that are model year 2014 through 2016, $20 for
67+heavy-duty diesel vehicles that are model year 2010 through 2013, and
68+$50 for heavy-duty diesel vehicles that are model year 2009 or older.
69+Under the diesel truck emissions reduction grant program, the
70+clean fleet enterprise, along with the division of administration in the
71+department of public health and environment (division), awards grant
72+money to certain private and public entities to decommission diesel trucks
73+and replace them with newer model trucks through. The clean fleet
74+enterprise and the division are required to determine eligibility for the
75+grant money and the eligible fuel types for qualifying as a replacement
76+vehicle under the grant program.
77+The bill also replaces a tax credit for a qualified investment in a
78+commercial truck, truck tractor, or semitrailer that is used solely and
79+exclusively in an enterprise zone with a tax credit for the conversion,
80+lease, or purchase of a bi-fuel renewable fuel truck, electric, hybrid, low
81+nitrogen oxides, plug-in hybrid electric, or renewable fuel truck that is
82+predominantly housed and based at a taxpayer's business facility within
83+an enterprise zone for the 12-month period following its purchase and is
84+not used for personal use. The new credit:
85+280
86+-2- ! Is available between tax years 2023 and 2029;
87+! May be assigned to the financial entity that finances the
88+lease or purchase of the truck;
89+! May not be carried forward, but may be refunded; and
90+! Is available in an amount that depends on the type of truck
91+the taxpayer converts, leases, or purchases and when that
92+conversion, lease, or purchase occurs.
93+Beginning October 1, 2023, the bill modifies the fee that is
94+currently collected for distribution to the perfluoroalkyl and
95+polyfluoroalkyl substances cash fund by extending the collection of the
96+fee to 2036 and by changing the distribution of the fee revenue. Under the
97+new distribution, the state treasurer shall credit:
98+! An amount equal to the cost of administering the fee to the
99+department of revenue;
100+! $2 million of the fee revenue to the department of public
101+safety to support the regulation of hazardous materials on
102+highways in the state as well as the enforcement of
103+commercial and hazardous materials critical corridors
104+determined by the chief of the Colorado state patrol;
105+! 70% of the amount remaining to the perfluoroalkyl and
106+polyfluoroalkyl substances cash fund; and
107+! 30% of the amount remaining to the department of
108+transportation to support functions related to the
109+transportation of hazardous materials and the safe and
110+efficient movement of freight as well as to support
111+infrastructure projects that enhance the safety of movement
112+of freight and hazardous materials.
113+The bill also increases the amount of fee revenue that can be held
114+annually in the perfluoroalkyl and polyfluoroalkyl substances cash fund
115+from $8 million to $9 million.
116+Additionally, the bill:
117+! Extends authorization for the division of oil and public
118+safety to use the petroleum storage tank fund for costs
119+related to petroleum storage tank facility inspections and
120+meter calibrations from September 1, 2023, to September
121+1, 2033;
122+! Delays the effective date of the $8 million cap on the
123+petroleum storage tank fund from September 1, 2023, to
124+September 1, 2033;
125+! Allows the director of the division of oil and public safety,
126+in consultation with the petroleum storage tank committee,
127+to establish rules that allow an operator of petroleum
128+storage tanks to apply to the petroleum storage tank fund
129+for reimbursement even if the total remediation expenses
130+do not exceed $10,000;
131+280
132+-3- ! Allows the director of the division of oil and public safety
133+to annually transfer up to $500,000 from the petroleum
134+storage tank fund to the petroleum cleanup and
135+redevelopment fund;
136+! Allows the Colorado state patrol to conform hazardous
137+materials routing regulations to transportation commission
138+rules; and
139+! Phases out the use of certain diesel trucks on state projects.
140+Be it enacted by the General Assembly of the State of Colorado:1
141+SECTION 1. In Colorado Revised Statutes, 8-20.5-103, amend2
142+(3) introductory portion, (3)(f)(II), (9)(a)(III), and (9)(a)(IV); and add3
143+(3.7) and (9)(a)(V) as follows:4
144+8-20.5-103. Petroleum storage tank fund - petroleum cleanup5
145+and redevelopment fund - creation - rules - repeal. (3) The moneys
146+6
147+MONEY in the petroleum storage tank fund are IS continuously7
148+appropriated to the division of oil and public safety; except that moneys8
149+THE EXPENDITURE OF MONEY for the purposes specified in paragraphs (b),9
150+(f), and (g) of this subsection (3) are SUBSECTIONS (3)(b), (3)(f), AND10
151+(3)(g)
152+OF THIS SECTION IS subject to annual appropriation by the general11
153+assembly. The fund shall be used for:12
41154 (f) (II) This paragraph (f)
42- SUBSECTION (3)(f) is repealed, effective
43-September 1, 2023 SEPTEMBER 1, 2033.
155+ SUBSECTION (3)(f) is repealed, effective13
156+September 1, 2023 SEPTEMBER 1, 2033.14
44157 (3.7) T
45-HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY
46-MAY ANNUALLY TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS FROM
47-THE PETROLEUM STORAGE TANK F UND TO THE PETROLEUM CLE ANUP AND
48-REDEVELOPMENT FUND
49-.
50-(9) (a) There is hereby created in the state treasury the petroleum
51-cleanup and redevelopment fund, which is referred to in this subsection (9)
52-as the redevelopment fund. The redevelopment fund's sources of revenue
53-are:
54-(III) Any legislative appropriations made to the redevelopment fund;
55-and
56-(IV) Earned interest, which the state treasurer shall deposit in the
158+HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY15
159+MAY ANNUALLY TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS
160+ 16
161+FROM THE PETROLEUM STORAGE TANK FUND TO THE PETROLEUM CLEANUP17
162+AND REDEVELOPMENT FUND .18
163+(9) (a) There is hereby created in the state treasury the petroleum19
164+cleanup and redevelopment fund, which is referred to in this subsection20
165+(9) as the redevelopment fund. The redevelopment fund's sources of21
166+280-4- revenue are:1
167+(III) Any legislative appropriations made to the redevelopment2
168+fund; and3
169+(IV) Earned interest, which the state treasurer shall deposit in the4
57170 redevelopment fund;
58-AND
59-(V) MONEY TRANSFERRED FROM THE PETROLEUM STORAGE TANK
60-FUND PURSUANT TO SUBSECTION
61-(3.7) OF THIS SECTION.
62-SECTION 2. In Colorado Revised Statutes, 8-20.5-206, add (1)(f)
63-as follows:
64-8-20.5-206. Financial responsibility for petroleum underground
65-storage tanks. (1) (f) T
66-HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC
67-SAFETY
68-, IN CONSULTATION WITH THE PETROLEUM STORAGE TANK
69-COMMITTEE ESTABLISHED PURSUANT TO SECTION
70-8-20.5-104, MAY
71-ESTABLISH RULES THAT ALLOW THE PAYMENT REQUIRED BY SUBSECTION
72-(1)(b)(I) OF THIS SECTION TO BE BASED ON A PERCENTAGE THAT IS LESS
73-THAN ONE HUNDRED PERCENT OF THE REMEDIATION AMOUNT
74-.
75-PAGE 2-SENATE BILL 23-280 SECTION 3. In Colorado Revised Statutes, 8-20-206.5, amend
76-(1)(c), (6)(a) introductory portion, (6)(b), (6)(d) introductory portion, (6)(e),
77-and (6)(f); and add (6)(d.5) and (8) as follows:
78-8-20-206.5. Environmental response surcharge - liquefied
79-petroleum gas and natural gas inspection fund - perfluoroalkyl and
80-polyfluoroalkyl substances cash fund - hazardous materials
81-infrastructure cash fund - fuels impact reduction grant program -
171+AND5
172+(V) M
173+ONEY TRANSFERRED FROM THE PETROLEUM STORAGE TANK6
174+FUND PURSUANT TO SUBSECTION (3.7) OF THIS SECTION.7
175+SECTION 2. In Colorado Revised Statutes, 8-20.5-206, add8
176+(1)(f) as follows:9
177+8-20.5-206. Financial responsibility for petroleum10
178+underground storage tanks. (1) (f) T
179+HE DIRECTOR OF THE DIVISION OF11
180+OIL AND PUBLIC SAFETY , IN CONSULTATION WITH THE PETROLEUM12
181+STORAGE TANK COMMITTEE ESTABL ISHED PURSUANT TO SECTION13
182+8-20.5-104,
183+ MAY ESTABLISH RULES THAT ALLOW THE PAYMENT REQUIRED14
184+BY SUBSECTION (1)(b)(I) OF THIS SECTION TO BE BASED ON A PERCENTAGE15
185+THAT IS LESS THAN ONE HUNDRED PERCENT OF THE REMEDIATION16
186+AMOUNT.17
187+SECTION 3. In Colorado Revised Statutes, 8-20-206.5, amend18
188+(1)(c), (6)(a) introductory portion, (6)(b), (6)(d) introductory portion,19
189+(6)(e), and (6)(f); and add (6)(d.5) and (8) as follows:20
190+8-20-206.5. Environmental response surcharge - liquefied21
191+petroleum gas and natural gas inspection fund - perfluoroalkyl and22
192+polyfluoroalkyl substances cash fund - hazardous materials23
193+infrastructure cash fund - fuels impact reduction grant program -24
82194 definitions. (1) (c) Notwithstanding paragraph (b) of this subsection (1)
83-SUBSECTION (1)(b) OF THIS SECTION, on and after September 1, 2023,
84-SEPTEMBER 1, 2033, if the available fund balance in the petroleum storage
85-tank fund is greater than eight million dollars, no surcharge shall be
86-imposed, but if the available fund balance in the fund is less than eight
87-million dollars, the fee imposed by paragraph (a) of this subsection (1)
88-SUBSECTION (1)(a) OF THIS SECTION is twenty-five dollars per tank
89-truckload.
90-(6) (a) In addition to the payment PAYMENTS collected under
91-subsection PURSUANT TO SUBSECTIONS (1)(a) AND (8)(a) of this section, the
92-executive director of the department of revenue shall also collect a fee to:
93-(b) On and after September 1, 2020, but before September 1, 2026
94-SEPTEMBER 1, 2031, every manufacturer of fuel products who manufactures
95-such products for sale within Colorado or who ships such products from any
96-point outside of Colorado to a distributor within Colorado and every
97-distributor who ships such products from any point outside of Colorado to
98-a point within Colorado shall pay to the executive director of the department
99-of revenue, each calendar month, twenty-five dollars per tank truckload of
100-fuel products delivered during the previous calendar month for sale or use
101-in Colorado. This section does not apply to fuel that is used in aviation or
102-to odorized liquefied petroleum gas and natural gas.
195+25
196+SUBSECTION (1)(b) OF THIS SECTION, on and after September 1, 2023,26
197+S
198+EPTEMBER 1, 2033, if the available fund balance in the petroleum storage27
199+280
200+-5- tank fund is greater than eight million dollars, no surcharge shall be1
201+imposed, but if the available fund balance in the fund is less than eight2
202+million dollars, the fee imposed by paragraph (a) of this subsection (1)3
203+SUBSECTION (1)(a) OF THIS SECTION is twenty-five dollars per tank4
204+truckload.5
205+(6) (a) In addition to the payment PAYMENTS collected under6
206+subsection PURSUANT TO SUBSECTIONS (1)(a) AND (8)(a) of this section,7
207+the executive director of the department of revenue shall also collect a fee8
208+to:9
209+(b) On and after September 1, 2020, but before September 1, 202610
210+S
211+EPTEMBER 1, 2031, every manufacturer of fuel products who11
212+manufactures such products for sale within Colorado or who ships such12
213+products from any point outside of Colorado to a distributor within13
214+Colorado and every distributor who ships such products from any point14
215+outside of Colorado to a point within Colorado shall pay to the executive15
216+director of the department of revenue, each calendar month, twenty-five16
217+dollars per tank truckload of fuel products delivered during the previous17
218+calendar month for sale or use in Colorado. This section does not apply18
219+to fuel that is used in aviation or to odorized liquefied petroleum gas and19
220+natural gas.20
103221 (d) On and after October 1, 2021, but before October 1, 2026
104-OCTOBER 1, 2023, the executive director of the department of revenue shall
105-transmit any fee collected in accordance with this subsection (6) to the state
106-treasurer, who shall credit:
222+21
223+O
224+CTOBER 1, 2023, the executive director of the department of revenue22
225+shall transmit any fee collected in accordance with this subsection (6) to23
226+the state treasurer, who shall credit:24
107227 (d.5) O
108-N AND AFTER OCTOBER 1, 2023, BUT BEFORE OCTOBER 1,
228+N AND AFTER OCTOBER 1, 2023, BUT BEFORE OCTOBER 1,25
109229 2031,
110- THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL
111-TRANSMIT ANY FEE COLLECTED IN ACCORDANCE WITH THIS SUBSECTION
230+ THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL26
231+TRANSMIT ANY FEE COLLECTED IN ACCORDANCE WITH THIS SUBSECTION27
232+280
233+-6- (6) TO THE STATE TREASURER, WHO SHALL CREDIT:1
234+(I) F
235+IRST, THE COSTS TO THE DEPARTMENT OF REVENUE FOR2
236+ADMINISTERING THE FEE AND THE COSTS TO THE DEPARTMENT OF
237+3
238+REVENUE FOR ADMINISTERING THE TAX CREDIT CREATED IN SECTION4
239+39-30-104
240+ (7);
241+5
242+(II) S
243+ECOND, TWO MILLION DOLLARS TO THE DEPARTMENT OF6
244+PUBLIC SAFETY FOR USE BY THE COLORADO STATE PATROL TO SUPPORT7
245+THE REGULATION OF AND RESPONSE TO HAZARDOUS MATERIALS ON8
246+HIGHWAYS IN THE STATE, TO MAKE EMPLOYER CONTRIBUTIONS TO A
247+9
248+MULTIPLE EMPLOYER HEALTH TRUST IN ORDER TO PARTICIPATE IN THE10
249+VOLUNTARY FIREFIGHTER CANCER BENEFITS PROGRAM PURSUANT TO PART11
250+4
251+ OF ARTICLE 5 OF TITLE 29, AND
252+ AS WELL AS ENFORCEMENT OF12
253+COMMERCIAL AND HAZARDOUS MATERIALS CRITICAL CORRIDORS13
254+DESIGNATED BY THE CHIEF OF THE COLORADO STATE PATROL; AND14
255+(III) T
256+HIRD, OF THE AMOUNT REMAINING:15
257+(A) S
258+EVENTY PERCENT TO THE PERFLUOROALKYL AND16
259+POLYFLUOROALKYL SUBSTANCES CASH FUND ; AND17
260+(B) T
261+HIRTY PERCENT TO THE DEPARTMENT OF TRANSPORTATION18
262+TO SUPPORT FUNCTIONS RELATED TO THE TRANSPORTATION OF19
263+HAZARDOUS MATERIALS AND THE SAFE AND EFFICIENT MOVEMENT OF20
264+FREIGHT, AS WELL AS TO SUPPORT INFRASTRUCTURE PROJECTS THAT21
265+ENHANCE THE SAFETY OF THE MOVEMENT OF FREIGHT AND HAZARDOUS22
266+MATERIALS SUCH AS THE INSTALLATION OF FOAM SUPPRESSION SYSTEMS23
267+IN THE EISENHOWER-JOHNSON TUNNELS, THE MITIGATION OF HAZARDS IN24
268+G
269+LENWOOD CANYON, AND OTHER USES NECESSARY TO SECURE THE SAFE25
270+TRANSPORT OF FUELS THROUGH THE I-70 MOUNTAIN CORRIDOR.26
271+(e) (I)
272+ BEFORE OCTOBER 1, 2023, notwithstanding subsection27
273+280
274+-7- (6)(b) of this section, if the available fund balance in the perfluoroalkyl1
275+and polyfluoroalkyl substances cash fund is greater than eight million2
276+dollars, the executive director of the department of revenue shall not3
277+collect the fee described in subsection (6)(b) of this section, but if the4
278+available balance in the fund is less than eight million dollars within a5
279+fiscal year, the executive director of the department of revenue shall6
280+impose a fee in accordance with subsection (6)(b) of this section.7
281+(II) O
282+N OR AFTER OCTOBER 1, 2023, NOTWITHSTANDING8
283+SUBSECTION (6)(b) OF THIS SECTION, IF THE AVAILABLE FUND BALANCE IN9
284+THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND10
285+IS GREATER THAN NINE MILLION DOLLARS , THE EXECUTIVE DIRECTOR OF11
286+THE DEPARTMENT OF REVENUE SHALL NOT COLLECT THE FEE DESCRIBED12
287+IN SUBSECTION (6)(b) OF THIS SECTION, BUT IF THE AVAILABLE BALANCE13
288+IN THE FUND IS LESS THAN NINE MILLION DOLLARS WITHIN A FISCAL YEAR ,14
289+THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL15
290+IMPOSE A FEE IN ACCORDANCE WITH SUBSECTION (6)(b) OF THIS SECTION.16
291+(f) As used in this subsection (6)
292+AND SUBSECTION (8) OF THIS17
293+SECTION, "fuel products" means all gasoline; diesel; biodiesel; biodiesel18
294+blends; kerosene; and all alcohol blended fuels that are produced,19
295+compounded, and offered for sale or used for the purpose of generating20
296+heat, light, or power in internal combustion engines or fuel cells, for21
297+cleaning, or for any other similar usage. "Fuel products" does not mean
298+22
299+INCLUDE fuel that is used in aviation or odorized liquefied petroleum gas23
300+and natural gas.24
301+(8) (a) I
302+N ADDITION TO THE PAYMENTS COLLECTED UNDER25
303+SUBSECTIONS (1)(a) AND (6) OF THIS SECTION, BEGINNING SEPTEMBER 1,26
304+2023,
305+ THE FUELS IMPACT ENTERPRISE CREATED IN SECTION 43-4-150327
306+280
307+-8- SHALL IMPOSE A FUELS IMPACT REDUCTION FEE, THE EXECUTIVE DIRECTOR1
308+OF THE DEPARTMENT OF REVENUE SHALL COLLECT THE FEE ON BEHALF OF2
309+THE FUELS IMPACT ENTERPRISE, AND THE STATE TREASURER SHALL CREDIT3
310+AN AMOUNT OF THE FEE REVENUE TO THE DEPARTMENT OF REVENUE TO4
311+COVER THE COSTS OF COLLECTING THE FEE .5
312+(b) (I) O
313+N AND AFTER SEPTEMBER 1, 2023,
314+ EVERY6
315+MANUFACTURER OF FUEL PRODUCTS WHO MANUFACTURES SUCH7
316+PRODUCTS FOR SALE WITHIN COLORADO OR WHO SHIPS SUCH PRODUCTS8
317+FROM ANY POINT OUTSIDE OF COLORADO TO A DISTRIBUTOR WITHIN9
318+COLORADO AND EVERY DISTRIBUTOR WHO SHIPS SUCH PRODUCTS FROM10
319+ANY POINT OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO SHALL11
320+PAY TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SIX12
321+THOUSAND ONE HUNDRED TWENTY -FIVE MILLIONTHS OF A DOLLAR PER13
322+GALLON OF FUEL PRODUCTS DELIVERED DURING THE PREVIOUS CALENDAR14
323+MONTH FOR SALE OR USE IN COLORADO OR A LESSER AMOUNT15
324+DETERMINED BY THE FUELS IMPACT ENTERPRISE . THE DISTRIBUTOR SHALL16
325+PAY THIS FEE ON A PER GALLON BASIS AND AT THE SAME TIME AND ON THE17
326+SAME FORM AS THE FEES COLLECTED PURSUANT TO SUBSECTIONS (1) AND18
112327 (6)
113-PAGE 3-SENATE BILL 23-280 TO THE STATE TREASURER, WHO SHALL CREDIT:
114-(I) F
115-IRST, THE COSTS TO THE DEPARTMENT OF REVENUE FOR
116-ADMINISTERING THE FEE AND THE COSTS TO THE DEPARTMENT OF REVENUE
117-FOR ADMINISTERING THE TAX CREDIT CREATED IN SECTION
118-39-30-104 (7);
119-(II) S
120-ECOND, TWO MILLION DOLLARS TO THE DEPARTMENT OF PUBLIC
121-SAFETY FOR USE BY THE
122-COLORADO STATE PATROL TO SUPPORT THE
123-REGULATION OF AND RESPONSE TO HAZARDOUS MATERIALS ON HIGHWAYS
124-IN THE STATE
125-, TO MAKE EMPLOYER CONTRIBUTIONS TO A MULTIPLE
126-EMPLOYER HEALTH TRUST IN ORDER TO PARTICIPATE IN THE VOLUNTARY
127-FIREFIGHTER CANCER BENEFITS PROGRAM PURSUANT TO PART
128-4 OF ARTICLE
129-5 OF TITLE 29, AND AS WELL AS ENFORCEMENT OF COMMERCIAL AND
130-HAZARDOUS MATERIALS CRITICAL CORRIDORS DESIGNATED BY THE CHIEF OF
131-THE
132-COLORADO STATE PATROL; AND
133-(III) THIRD, OF THE AMOUNT REMAINING:
134-(A) S
135-EVENTY PERCENT TO THE PERFLUOROALKYL AND
136-POLYFLUOROALKYL SUBSTANCES CASH FUND
137-; AND
138-(B) THIRTY PERCENT TO THE DEPARTMENT OF TRANSPORTATION TO
139-SUPPORT FUNCTIONS RELATED TO THE TRANSPORTATION OF HAZARDOUS
140-MATERIALS AND THE SAFE AND EFFICIENT MOVEMENT OF FREIGHT
141-, AS WELL
142-AS TO SUPPORT INFRASTRUCTURE PROJECTS THAT ENHANCE THE SAFETY OF
143-THE MOVEMENT OF FREIGHT AND HAZAR DOUS MATERIALS SUCH AS THE
144-INSTALLATION OF FOAM SUPPRESSION SYSTEMS IN THE
145-EISENHOWER-JOHNSON TUNNELS , THE MITIGATION OF HAZARDS IN
146-GLENWOOD CANYON, AND OTHER USES NECESSARY TO SECURE THE SAFE
147-TRANSPORT OF FUELS THROUGH THE
148-I-70 MOUNTAIN CORRIDOR.
149-(e) (I)
150- BEFORE OCTOBER 1, 2023, notwithstanding subsection (6)(b)
151-of this section, if the available fund balance in the perfluoroalkyl and
152-polyfluoroalkyl substances cash fund is greater than eight million dollars,
153-the executive director of the department of revenue shall not collect the fee
154-described in subsection (6)(b) of this section, but if the available balance in
155-the fund is less than eight million dollars within a fiscal year, the executive
156-director of the department of revenue shall impose a fee in accordance with
157-subsection (6)(b) of this section.
158-PAGE 4-SENATE BILL 23-280 (II) ON OR AFTER OCTOBER 1, 2023, NOTWITHSTANDING SUBSECTION
159-(6)(b) OF THIS SECTION, IF THE AVAILABLE FUND BALANCE IN THE
160-PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND IS
161-GREATER THAN NINE MILLION DOLLARS
162-, THE EXECUTIVE DIRECTOR OF THE
163-DEPARTMENT OF REVENUE SHALL NOT COLLECT THE FEE DESCRIBED IN
164-SUBSECTION
165- (6)(b) OF THIS SECTION, BUT IF THE AVAILABLE BALANCE IN THE
166-FUND IS LESS THAN NINE MILLION DOLLARS WITHIN A FISCAL YEAR
167-, THE
168-EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL IMPOSE A FEE
169-IN ACCORDANCE WITH SUBSECTION
170- (6)(b) OF THIS SECTION.
171-(f) As used in this subsection (6)
172-AND SUBSECTION (8) OF THIS
173-SECTION
174-, "fuel products" means all gasoline; diesel; biodiesel; biodiesel
175-blends; kerosene; and all alcohol blended fuels that are produced,
176-compounded, and offered for sale or used for the purpose of generating
177-heat, light, or power in internal combustion engines or fuel cells, for
178-cleaning, or for any other similar usage. "Fuel products" does not mean
179-INCLUDE fuel that is used in aviation or odorized liquefied petroleum gas
180-and natural gas.
181-(8) (a) I
182-N ADDITION TO THE PAYMENTS COLLECTED UNDER
183-SUBSECTIONS
184- (1)(a) AND (6) OF THIS SECTION, BEGINNING SEPTEMBER 1,
185-2023,
186- THE FUELS IMPACT ENTERPRISE CREATED IN SECTION 43-4-1503 SHALL
187-IMPOSE A FUELS IMPACT REDUCTION FEE
188-, THE EXECUTIVE DIRECTOR OF THE
189-DEPARTMENT OF REVENUE SHALL COLLECT THE FEE ON BEHALF OF THE
190-FUELS IMPACT ENTERPRISE
191-, AND THE STATE TREASURER SHALL CREDIT AN
192-AMOUNT OF THE FEE REVENUE TO THE DEPARTMENT OF REVENUE TO COVER
193-THE COSTS OF COLLECTING THE FEE
194-.
195-(b) (I) O
196-N AND AFTER SEPTEMBER 1, 2023, EVERY MANUFACTURER
197-OF FUEL PRODUCTS WHO MANUFACTURES SUCH PRODUCTS FOR SALE WITHIN
198-COLORADO OR WHO SHIPS SUCH PRODUCTS FROM ANY POINT OUTSIDE OF
199-COLORADO TO A DISTRIBUTOR WITHIN COLORADO AND EVERY DISTRIBUTOR
200-WHO SHIPS SUCH PRODUCTS FROM ANY POINT OUTSIDE OF
201-COLORADO TO A
202-POINT WITHIN
203-COLORADO SHALL PAY TO THE EXECUTIVE DIRECTOR OF THE
204-DEPARTMENT OF REVENUE SIX THOUSAND ONE H UNDRED TWENTY
205--FIVE
206-MILLIONTHS OF A DOLLAR PER GALLON OF FUEL PRODUCTS DELIVERED
207-DURING THE PREVIOUS CALENDAR MONTH FOR SALE OR USE IN
208-COLORADO
209-OR A LESSER AMOUNT DETERMINED BY THE FUELS IMPACT ENTERPRISE
210-. THE
211-DISTRIBUTOR SHALL PAY THIS FEE ON A PER GALLON BASIS AND AT THE SAME
212-TIME AND ON THE SAME FORM AS THE FEES COLLECTED PURSUANT TO
213-PAGE 5-SENATE BILL 23-280 SUBSECTIONS (1) AND (6) OF THIS SECTION.
328+ OF THIS SECTION.19
214329 (II) F
215-OR PURPOSES OF THIS SUBSECTION (8)(b), "DISTRIBUTOR"
216-MEANS THE PERSON WHO REMITS THE APPLICABLE STATE FEE IMPOSED
217-PURSUANT TO SUBSECTION
218-(1) OR (6) OF THIS SECTION.
330+OR PURPOSES OF THIS SUBSECTION (8)(b), "DISTRIBUTOR"20
331+MEANS THE PERSON WHO REMITS THE APPLICABLE STATE FEE IMPOSED21
332+PURSUANT TO SUBSECTION (1) OR (6) OF THIS SECTION.22
219333 (c) O
220-N AND AFTER SEPTEMBER 1, 2023, THE EXECUTIVE DIRECTOR
221-OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS IMPACT
222-REDUCTION FEE REVENUE THAT IT COLLECTS ON BEHALF OF THE FUELS
223-IMPACT ENTERPRISE PURSUANT TO THIS SUBSECTION
224-(8) TO THE STATE
225-TREASURER
226-, WHO SHALL CREDIT:
227-(I) T
228-HE TOTAL AMOUNT OF FUELS IMPACT REDUCTION FEE REVENUE
229-COLLECTED BY THE DEPARTMENT OF REVENUE
230-, MINUS THE COSTS TO THE
231-DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE
232-, TO THE FUELS
233-IMPACT ENTERPRISE FUND CREATED IN SECTION
234-43-4-1504; AND
235-(II) THE COSTS TO THE DEPARTMENT OF REVENUE FOR
236-ADMINISTERING THE FEE TO THE DEPARTMENT OF REVENUE
237-.
238-SECTION 4. In Colorado Revised Statutes, 8-20.5-303, add (1)(f)
239-as follows:
240-8-20.5-303. Financial responsibility for aboveground storage
334+N AND AFTER SEPTEMBER 1, 2023, THE EXECUTIVE DIRECTOR23
335+OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS IMPACT24
336+REDUCTION FEE REVENUE THAT IT COLLECTS ON BEHALF OF THE FUELS25
337+IMPACT ENTERPRISE PURSUANT TO THIS SUBSECTION (8) TO THE STATE26
338+TREASURER, WHO SHALL CREDIT:27
339+280
340+-9- (I) THE TOTAL AMOUNT OF FUELS IMPACT REDUCTION FEE1
341+REVENUE COLLECTED BY THE DEPARTMENT OF REVENUE , MINUS THE2
342+COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE , TO3
343+THE FUELS IMPACT ENTERPRISE FUND CREATED IN SECTION 43-4-1504;4
344+AND5
345+(II) T
346+HE COSTS TO THE DEPARTMENT OF REVENUE FOR6
347+ADMINISTERING THE FEE TO THE DEPARTMENT OF REVENUE .7
348+SECTION 4. In Colorado Revised Statutes, 8-20.5-303, add8
349+(1)(f) as follows:9
350+8-20.5-303. Financial responsibility for aboveground storage10
241351 tanks. (1) (f) T
242-HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY ,
243-IN CONSULTATION WITH THE PETROLEUM STORAGE TANK COMMITTEE
244-ESTABLISHED PURSUANT TO SECTION
245-8-20.5-104, MAY ESTABLISH RULES
246-THAT ALLOW THE PAYMENT OF REMEDIATION EXPENSES FOR CERTAIN
247-OWNERS AND OPERATORS OF ABOVEGROUND STORAGE TANKS FROM THE
248-PETROLEUM STORAGE TANK FUND TO BE BASED ON A PERCENTAGE THAT IS
249-LESS THAN ONE HUNDRED PERCENT OF THE REMEDIATION AMOUNT
250-.
251-SECTION 5. In Colorado Revised Statutes, 25-5-1312, amend (1)
252-introductory portion as follows:
253-25-5-1312. Reporting requirement. (1) Notwithstanding section
254-24-1-136 (11)(a)(I), the department shall annually report by February 1,
352+HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY,11
353+IN CONSULTATION WITH THE PETROLEUM STORAGE TANK COMMITTEE12
354+ESTABLISHED PURSUANT TO SECTION 8-20.5-104, MAY ESTABLISH RULES13
355+THAT ALLOW THE PAYMENT OF REMEDIATION EXPENSES FOR CERTAIN14
356+OWNERS AND OPERATORS OF ABOVEGROUND STORAGE TANKS FROM THE15
357+PETROLEUM STORAGE TANK FUND TO BE BASED ON A PERCENTAGE THAT16
358+IS LESS THAN ONE HUNDRED PERCENT OF THE REMEDIATION AMOUNT .17
359+SECTION 5. In Colorado Revised Statutes, 25-5-1312, amend18
360+(1) introductory portion as follows:19
361+25-5-1312. Reporting requirement. (1) Notwithstanding section20
362+24-1-136 (11)(a)(I), the department shall annually report by February 1,21
255363 2021, and February 1 of each year until February 1, 2027
256- FEBRUARY 1,
257-2036, to the general assembly's committees of reference with jurisdiction
258-over public health regarding:
259-PAGE 6-SENATE BILL 23-280 SECTION 6. In Colorado Revised Statutes, 29-5-402, amend (2)
260-and (3); and add (4.5) as follows:
261-29-5-402. Definitions. As used in this part 4, unless the context
262-otherwise requires:
364+ FEBRUARY 1,22
365+2036, to the general assembly's committees of reference with jurisdiction23
366+over public health regarding:24
367+ 25
368+SECTION 6. In Colorado Revised Statutes, 29-5-402, amend (2)26
369+and (3); and add (4.5) as follows:27
370+280
371+-10- 29-5-402. Definitions. As used in this part 4, unless the context1
372+otherwise requires:2
263373 (2) "Covered individual" means a firefighter,
264374 HAZARDOUS
265-MATERIALS TROOPER
266-, part-time firefighter, or volunteer firefighter who
267-meets the coverage requirements in section 29-5-403 (12).
268-(3) "Employer" means a municipality, special district, fire authority,
269-or county improvement district that employs one or more firefighters,
270-part-time firefighters, or volunteer firefighters. Beginning July 1, 2020,
271-"employer" also means the division of fire prevention and control created
272-in section 24-33.5-1201
273-AND THE DEPARTMENT OF PUBLIC SAFETY CREATED
274-IN SECTION
275-24-33.5-1603. "Employer" does not include a power authority
276-created pursuant to section 29-1-204 or a municipally owned utility.
375+3
376+MATERIALS TROOPER, part-time firefighter, or volunteer firefighter who4
377+meets the coverage requirements in section 29-5-403 (12).5
378+(3) "Employer" means a municipality, special district, fire6
379+authority, or county improvement district that employs one or more7
380+firefighters, part-time firefighters, or volunteer firefighters. Beginning8
381+July 1, 2020, "employer" also means the division of fire prevention and9
382+control created in section 24-33.5-1201
383+AND THE DEPARTMENT OF PUBLIC
384+10
385+SAFETY CREATED IN SECTION 24-33.5-1603. "Employer" does not include11
386+a power authority created pursuant to section 29-1-204 or a municipally12
387+owned utility.13
277388 (4.5) "H
278389 AZARDOUS MATERIALS TROOPER " MEANS A PERSON
279-EMPLOYED BY THE
280-COLORADO STATE PATROL TO SUPPORT THE REGULATION
281-OF HAZARDOUS MATERIALS ON HIGHWAYS IN THE STATE
282-.
283-SECTION 7. In Colorado Revised Statutes, 29-5-403, amend
284-(12)(a); and add (12)(b)(I.5) as follows:
285-29-5-403. Required benefits - conditions of receiving benefits.
286-(12) (a) In order for a covered individual to be eligible for the benefits in
287-this section, prior to the diagnosis of cancer and no more than five years for
288-a firefighter or
289-HAZARDOUS MATERIALS TROOPER AND no more than ten
290-years for a volunteer firefighter or part-time firefighter after the firefighter,
291-volunteer firefighter, or part-time firefighter became employed by an
292-employer, the firefighter,
293-HAZARDOUS MATERIALS TROOPER , volunteer
294-firefighter, or part-time firefighter must have had a medical examination
295-that would reasonably have found an illness or injury that could have caused
296-the cancer and no illness or injury was found.
297-(b) In addition to subsection (12)(a) of this section, in order for a
298-covered individual to be eligible for the benefits in this section, the
299-following conditions must be met:
300-PAGE 7-SENATE BILL 23-280 (I.5) THE HAZARDOUS MATERIALS TROOPER :
390+14
391+EMPLOYED BY THE COLORADO STATE PATROL TO SUPPORT THE15
392+REGULATION OF HAZARDOUS MATERIALS ON HIGHWAYS IN THE STATE .16
393+SECTION 7. In Colorado Revised Statutes, 29-5-403, amend17
394+(12)(a); and add (12)(b)(I.5) as follows:18
395+29-5-403. Required benefits - conditions of receiving benefits.19
396+(12) (a) In order for a covered individual to be eligible for the benefits in20
397+this section, prior to the diagnosis of cancer and no more than five years21
398+for a firefighter or
399+HAZARDOUS MATERIALS TROOPER AND no more than
400+22
401+ten years for a volunteer firefighter or part-time firefighter after the23
402+firefighter, volunteer firefighter, or part-time firefighter became employed24
403+by an employer, the firefighter,
404+HAZARDOUS MATERIALS TROOPER ,
405+25
406+volunteer firefighter, or part-time firefighter must have had a medical26
407+examination that would reasonably have found an illness or injury that27
408+280
409+-11- could have caused the cancer and no illness or injury was found. 1
410+(b) In addition to subsection (12)(a) of this section, in order for a2
411+covered individual to be eligible for the benefits in this section, the3
412+following conditions must be met:4
413+(I.5) T
414+HE HAZARDOUS MATERIALS TROOPER :
415+5
301416 (A) H
302417 AS AT LEAST FIVE YEARS OF CONTINUOUS , FULL-TIME
303-EMPLOYMENT AS A HAZARDOUS MATERIALS TROOPER
304-; AND
305-(B) IS DIAGNOSED WITH CANCER WITHIN TEN YEARS AFTER CEASING
306-EMPLOYMENT AS A HAZARDOUS MATERIALS TROOPER
307-; OR
308-SECTION 8. In Colorado Revised Statutes, 42-20-301, amend (3)
309-as follows:
310-42-20-301. Route designation. (3) (a) Notwithstanding any other
311-provision of this part 3 or part 1 or 2 of this article
312- ARTICLE 20 to the
313-contrary, the transportation commission may regulate hours of operation of
314-the Eisenhower-Johnson tunnels, structure numbers F13Y and F13X,
315-respectively, on interstate 70.
418+6
419+EMPLOYMENT AS A HAZARDOUS MATERIALS TROOPER ; AND7
420+(B) I
421+S DIAGNOSED WITH CANCER WITHIN TEN YEARS AFTER
422+8
423+CEASING EMPLOYMENT AS A HAZARDOUS MATERIALS TROOPER ; OR9
424+ 10
425+SECTION 8. In Colorado Revised Statutes, 42-20-301, amend11
426+(3) as follows:12
427+42-20-301. Route designation. (3) (a) Notwithstanding any other13
428+provision of this part 3 or part 1 or 2 of this article ARTICLE 20 to the14
429+contrary, the transportation commission may regulate hours of operation15
430+of the Eisenhower-Johnson tunnels, structure numbers F13Y and F13X,16
431+respectively, on interstate 70.17
316432 (b) T
317-HE PATROL MAY CONFORM HAZARDOUS MATERIALS ROUTING
318-REGULATIONS MADE PURSUANT TO THIS SECTION TO TRANSPORTATION
319-COMMISSION REGULATIONS MADE PURSUANT TO SUBSECTION
320- (3)(a) OF THIS
433+HE PATROL MAY CONFORM HAZARDOUS MATERIALS ROUTING18
434+REGULATIONS MADE PURSUANT TO THIS SECTION TO TRANSPORTATION19
435+COMMISSION REGULATIONS MADE PURSUANT TO SUBSECTION (3)(a) OF20
436+THIS SECTION.21
321437 SECTION
322-.
323-SECTION 9. In Colorado Revised Statutes, add part 15 to article
324-4 of title 43 as follows:
325-PART 15
326-FUELS IMPACT ENTERPRISE
438+9. In Colorado Revised Statutes, add part 15 to article22
439+4 of title 43 as follows:23
440+PART 1524
441+FUELS IMPACT ENTERPRISE25
327442 43-4-1501. Legislative declaration. (1) (a) (I) T
328-HE GENERAL
329-ASSEMBLY FINDS AND DECLARES THAT
330-:
331-(A) C
332-ERTAIN COMMUNITIES IN THE STATE SERVE AS THE
333-DISTRIBUTION POINTS FOR ALMOST ALL OF THE FUEL TRANSPORTED IN THE
334-STATE
335-;
443+HE GENERAL26
444+ASSEMBLY FINDS AND DECLARES THAT :27
445+280
446+-12- (A) CERTAIN COMMUNITIES IN THE STATE SERVE AS THE1
447+DISTRIBUTION POINTS FOR ALMOST ALL OF THE FUEL TRANSPORTED IN THE2
448+STATE;3
336449 (B) L
337-ICENSED FUEL DISTRIBUTORS RELY ON THE HAZARDOUS
338-MITIGATION CORRIDOR INFRASTRUCTURE IN THESE COMMUNITIES TO
339-SUPPORT THE ECONOMIC FUNCTIONS OF THE STATE
340-; AND
341-(C) INCREASING REQUIREMENTS ON FUEL COMPOSITION AND BLENDS
342-PAGE 8-SENATE BILL 23-280 WILL CAUSE THE INFRASTRUCTURE IN THESE COMMUNITIES TO BE RELIED
343-UPON EVEN MORE
344-.
450+ICENSED FUEL DISTRIBUTORS RELY ON THE HAZARDOUS4
451+MITIGATION CORRIDOR INFRASTRUCTURE IN THESE COMMUNITIES TO5
452+SUPPORT THE ECONOMIC FUNCTIONS OF THE STATE ; AND6
453+(C) I
454+NCREASING REQUIREMENTS ON FUEL COMPOSITION AND7
455+BLENDS WILL CAUSE THE INFRASTRUCTURE IN THESE COMMUNITIES TO BE8
456+RELIED UPON EVEN MORE.9
345457 (II) T
346-HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS
347-APPROPRIATE TO ESTABLISH THE FUELS IMPACT REDUCTION GRANT PROGRAM
348-TO PROVIDE GRANTS TO THOSE COMMUNITIES FOR THE IMPROVEMENT OF
349-THEIR HAZARDOUS MITIGATION CORRIDOR INFRASTRUCTURE AND FOR
350-PROJECTS RELATED TO THE TRANSPORTATION OF FUEL WITHIN THE STATE
351-.
458+HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS10
459+APPROPRIATE TO ESTABLISH THE FUELS IMPACT REDUCTION GRANT11
460+PROGRAM TO PROVIDE GRANTS TO THOSE COMMUNITIES FOR THE12
461+IMPROVEMENT OF THEIR HAZARDOUS MITIGATION CORRIDOR13
462+INFRASTRUCTURE AND FOR PROJECTS RELATED TO THE TRANSPORTATION14
463+OF FUEL WITHIN THE STATE.15
352464 (b) T
353-HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS
354-REASONABLE TO ESTABLISH THE FUELS IMPACT ENTERPRISE TO ASSIST IN THE
355-ADMINISTRATION OF THE PROGRAMS DESCRIBED IN THIS SUBSECTION
356-(1) AND
357-TO COLLECT THE FEES NECESSARY TO IMPLEMENT THESE PROGRAMS
358-.
465+HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT IS16
466+REASONABLE TO ESTABLISH THE FUELS IMPACT ENTERPRISE TO ASSIST IN17
467+THE ADMINISTRATION OF THE PROGRAMS DESCRIBED IN THIS SUBSECTION18
468+(1)
469+ AND TO COLLECT THE FEES NECESSARY TO IMPLEMENT THESE19
470+PROGRAMS.20
359471 (2) T
360-HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :
472+HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :21
361473 (a) T
362-HE FUELS IMPACT ENTERPRISE PROVIDES IMPACT REDUCTION
363-SERVICES WHEN
364-, IN EXCHANGE FOR THE PAYMENT OF THE FUELS IMPACT
365-REDUCTION FEE BY LICENSED FUEL EXCISE TAX DISTRIBUTORS AND LICENSED
366-FUEL DISTRIBUTORS
367-, IT ACTS AS AUTHORIZED BY THIS SECTION TO PROVIDE
368-ASSISTANCE IN IMPROVING HAZARDOUS MITIGATION CORRIDORS AND
369-PROJECTS RELATED TO THE TRANSPORTATION OF FUEL WITHIN THE STATE
370-;
474+HE FUELS IMPACT ENTERPRISE PROVIDES IMPACT REDUCTION22
475+SERVICES WHEN, IN EXCHANGE FOR THE PAYMENT OF THE FUELS IMPACT23
476+REDUCTION FEE BY LICENSED FUEL EXCISE TAX DISTRIBUTORS AND24
477+LICENSED FUEL DISTRIBUTORS, IT ACTS AS AUTHORIZED BY THIS SECTION25
478+TO PROVIDE ASSISTANCE IN IMPROVING HAZARDOUS MITIGATION26
479+CORRIDORS AND PROJECTS RELATED TO THE TRANSPORTATION OF FUEL27
480+280
481+-13- WITHIN THE STATE;1
371482 (b) B
372-Y PROVIDING IMPACT REDUCTION SERVICES AS AUTHORIZED BY
373-THIS SECTION
374-, THE FUELS IMPACT ENTERPRISE PROVIDES A BENEFIT TO FEE
375-PAYERS BY IMPROVING THE TRANSPORTATION OF FUEL IN THE STATE
376-, AND
377-MONITORING VEHICLE EMISSIONS
378-, AND, THEREFORE OPERATES AS A BUSINESS
379-IN ACCORDANCE WITH THE DETERMINATION OF THE
380-COLORADO SUPREME
381-COURT IN
382-COLORADO UNION OF TAXPAYERS FOUNDATION V. CITY OF ASPEN,
383-2018
384- CO 36;
483+Y PROVIDING IMPACT REDUCTION SERVICES AS AUTHORIZED2
484+BY THIS SECTION, THE FUELS IMPACT ENTERPRISE PROVIDES A BENEFIT TO3
485+FEE PAYERS BY IMPROVING THE TRANSPORTATION OF FUEL IN THE STATE ,4
486+AND MONITORING VEHICLE EMISSIONS , AND, THEREFORE OPERATES AS A5
487+BUSINESS IN ACCORDANCE WITH THE DETERMINATION OF THE COLORADO6
488+SUPREME COURT IN COLORADO UNION OF TAXPAYERS FOUNDATION V. CITY7
489+OF ASPEN, 2018 CO 36;8
385490 (c) C
386-ONSISTENT WITH THE DETERMINATION OF THE COLORADO
387-SUPREME COURT IN
388-NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
491+ONSISTENT WITH THE DETERMINATION OF THE COLORADO9
492+SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89610
389493 P.2
390-D 859 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT WITH
391-ENTERPRISE STATUS UNDER SECTION
392-20 OF ARTICLE X OF THE STATE
393-CONSTITUTION
394-, AND, THEREFORE, IT IS THE CONCLUSION OF THE GENERAL
395-ASSEMBLY THAT THE REVENUE COLLECTED BY THE FUELS IMPACT
396-ENTERPRISE IS GENERATED BY FEES
397-, NOT TAXES, BECAUSE THE FUELS IMPACT
398-REDUCTION FEE IMPOSED BY THE ENTERPRISE IS
399-:
400-PAGE 9-SENATE BILL 23-280 (I) IMPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE
401-ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE SERVICES SPECIFIED
402-IN THIS SECTION
403-; AND
404-(II) COLLECTED AT RATES THAT ARE REASONABLY CALCULATED
405-BASED ON THE COSTS OF THE SERVICES PROVIDED BY THE ENTERPRISE
406-; AND
407-(d) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR
408-PURPOSES OF SECTION
409-20 OF ARTICLE X OF THE STATE CONSTITUTION, THE
410-REVENUE FROM THE FUELS IMPACT REDUCTION FEE IS NOT STATE FISCAL
411-YEAR SPENDING
412-, AS DEFINED IN SECTION 24-77-102 (17), OR STATE
413-REVENUES
414-, AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT
415-COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED
416-BY SECTION
417-20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS
418-STATE REVENUES CAP
419-, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I)(G).
494+D 859 (COLO. 1995), THE POWER TO IMPOSE TAXES IS INCONSISTENT11
495+WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE X OF THE STATE12
496+CONSTITUTION, AND, THEREFORE, IT IS THE CONCLUSION OF THE GENERAL13
497+ASSEMBLY THAT THE REVENUE COLLECTED BY THE FUELS IMPACT14
498+ENTERPRISE IS GENERATED BY FEES , NOT TAXES, BECAUSE THE FUELS15
499+IMPACT REDUCTION FEE IMPOSED BY THE ENTERPRISE IS :16
500+(I) I
501+MPOSED FOR THE SPECIFIC PURPOSE OF ALLOWING THE17
502+ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE SERVICES SPECIFIED18
503+IN THIS SECTION; AND19
504+(II) C
505+OLLECTED AT RATES THAT ARE REASONABLY CALCULATED20
506+BASED ON THE COSTS OF THE SERVICES PROVIDED BY THE ENTERPRISE ;21
507+AND22
508+(d) S
509+O LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR23
510+PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, THE24
511+REVENUE FROM THE FUELS IMPACT REDUCTION FEE IS NOT STATE FISCAL25
512+YEAR SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE26
513+REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT27
514+280
515+-14- COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED1
516+BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS2
517+STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I)(G).3
420518 43-4-1502. Definitions. A
421-S USED IN THIS PART 15, UNLESS THE
422-CONTEXT OTHERWISE REQUIRES
423-:
519+S USED IN THIS PART 15, UNLESS THE4
520+CONTEXT OTHERWISE REQUIRES :5
424521 (1) "E
425-NTERPRISE" MEANS THE FUELS IMPACT ENTERPRISE CREATED
426-IN SECTION
427-43-4-1503.
522+NTERPRISE" MEANS THE FUELS IMPACT ENTERPRISE CREATED6
523+IN SECTION 43-4-1503.7
428524 (2) "F
429-UEL PRODUCT" MEANS GASOLINE, BLENDED GASOLINE,
430-GASOLINE SOLD FOR GASOHOL PRODUCTION , GASOHOL, DIESEL, BIODIESEL
431-BLENDS
432-, NATURAL GAS, AND SPECIAL FUELS, AND SPECIAL FUEL MIXES WITH
433-ALCOHOL
434-.
525+UEL PRODUCT" MEANS GASOLINE, BLENDED GASOLINE,8
526+GASOLINE SOLD FOR GASOHOL PRODUCTION , GASOHOL, DIESEL, BIODIESEL9
527+BLENDS, NATURAL GAS, AND SPECIAL FUELS, AND SPECIAL FUEL MIXES10
528+WITH ALCOHOL.11
435529 (3) "F
436-UELS IMPACT REDUCTION FEE" MEANS THE FEE IMPOSED BY THE
437-ENTERPRISE PURSUANT TO SECTION
438- 43-4-1505 (1).
530+UELS IMPACT REDUCTION FEE" MEANS THE FEE IMPOSED BY12
531+THE ENTERPRISE PURSUANT TO SECTION 43-4-1505 (1).13
439532 (4) "F
440-UND" MEANS THE FUELS IMPACT ENTERPRISE FUND CREATED
441-IN SECTION
442- 43-4-1504.
533+UND" MEANS THE FUELS IMPACT ENTERPRISE FUND CREATED14
534+IN SECTION 43-4-1504.15
443535 (5) "G
444-RANT PROGRAM" MEANS THE FUELS IMPACT REDUCTION GRANT
445-PROGRAM CREATED IN SECTION
446- 43-4-1506.
447-43-4-1503. Fuels impact enterprise - creation - powers and
536+RANT PROGRAM" MEANS THE FUELS IMPACT REDUCTION16
537+GRANT PROGRAM CREATED IN SECTION 43-4-1506.17
538+43-4-1503. Fuels impact enterprise - creation - powers and18
448539 duties. (1) (a) T
449-HE FUELS IMPACT ENTERPRISE IS CREATED IN THE
450-DEPARTMENT
451-. THE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED
452-BUSINESS WITHIN THE DEPARTMENT IN ORDER TO EXECUTE ITS BUSINESS
453-PAGE 10-SENATE BILL 23-280 PURPOSES AS SPECIFIED IN SUBSECTION (2) OF THIS SECTION BY EXERCISING
454-THE POWERS AND PERFORMING THE DUTIES AND FUNCTIONS SET FORTH IN
455-THIS SECTION
456-.
540+HE FUELS IMPACT ENTERPRISE IS CREATED IN THE19
541+DEPARTMENT . THE ENTERPRISE IS AND OPERATES AS A20
542+GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT IN ORDER TO21
543+EXECUTE ITS BUSINESS PURPOSES AS SPECIFIED IN SUBSECTION (2) OF THIS22
544+SECTION BY EXERCISING THE POWERS AND PERFORMING THE DUTIES AND23
545+FUNCTIONS SET FORTH IN THIS SECTION.24
457546 (b) T
458-HE ENTERPRISE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION
459-24-1-105, AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND
460-FUNCTIONS UNDER THE DEPARTMENT
461-. THE GOVERNING BOARD OF THE
462-ENTERPRISE IS MADE UP OF THE TRANSPORTATION COMMISSION CREATED IN
463-SECTION
464- 43-1-106 (1).
547+HE ENTERPRISE IS A TYPE 2 ENTITY, AS DEFINED IN SECTION25
548+24-1-105,
549+ AND EXERCISES ITS POWERS AND PERFORMS ITS DUTIES AND26
550+FUNCTIONS UNDER THE DEPARTMENT . THE GOVERNING BOARD OF THE27
551+280
552+-15- ENTERPRISE IS MADE UP OF THE TRANSPORTATION COMMISSION CREATED1
553+IN SECTION 43-1-106 (1).2
465554 (2) T
466-HE BUSINESS PURPOSES OF THE ENTERPRISE ARE TO IMPROVE
467-THE TRANSPORTATION OF FUEL IN THE STATE AND MONITOR VEHICLE
468-EMISSIONS
469-. TO ALLOW THE ENTERPRISE TO ACCOMPLISH THESE BUSINESS
470-PURPOSES AND FULLY EXERCISE ITS POWERS AND DUTIES
471-, THE ENTERPRISE
472-MAY
473-:
555+HE BUSINESS PURPOSES OF THE ENTERPRISE ARE TO IMPROVE3
556+THE TRANSPORTATION OF FUEL IN THE STATE AND MONITOR VEHICLE4
557+EMISSIONS. TO ALLOW THE ENTERPRISE TO ACCOMPLISH THESE BUSINESS5
558+PURPOSES AND FULLY EXERCISE ITS POWERS AND DUTIES , THE ENTERPRISE6
559+MAY:7
474560 (a) I
475-MPOSE A FUELS IMPACT REDUCTION FEE AS AUTHORIZED BY
476-SECTION
477- 43-4-1505 (1);
561+MPOSE A FUELS IMPACT REDUCTION FEE AS AUTHORIZED BY8
562+SECTION 43-4-1505 (1);9
478563 (b) I
479-SSUE GRANTS AS AUTHORIZED BY THE FUELS IMPACT REDUCTION
480-GRANT PROGRAM CREATED IN SECTION
481-43-4-1506; AND
482-(c) ISSUE REVENUE BONDS PAYABLE FROM FUELS IMPACT REDUCTION
483-FEE REVENUE AND OTHER AVAILABLE MONEY OF THE ENTERPRISE
484-.
564+SSUE GRANTS AS AUTHORIZED BY THE FUELS IMPACT10
565+REDUCTION GRANT PROGRAM CREATED IN SECTION 43-4-1506; AND11
566+(c) I
567+SSUE REVENUE BONDS PAYABLE FROM FUELS IMPACT12
568+REDUCTION FEE REVENUE AND OTHER AVAILABLE MONEY OF THE13
569+ENTERPRISE.14
485570 (3) T
486-HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES OF
487-SECTION
488-20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT
489-RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS
490-THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN GRANTS FROM ALL
491-COLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT
492-CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION
493-(3), THE
494-ENTERPRISE IS NOT SUBJECT TO SECTION
495-20 OF ARTICLE X OF THE STATE
496-CONSTITUTION
497-.
571+HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES15
572+OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT16
573+RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS17
574+THAN TEN PERCENT OF ITS TOTAL ANNUAL REVENUE IN GRANTS FROM ALL18
575+C
576+OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT19
577+CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (3), THE20
578+ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE21
579+CONSTITUTION.22
498580 (4) I
499-N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN
500-THIS SECTION
501-, THE ENTERPRISE HAS THE FOLLOWING GENERAL POWERS AND
502-DUTIES
503-:
581+N ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN23
582+THIS SECTION, THE ENTERPRISE HAS THE FOLLOWING GENERAL POWERS24
583+AND DUTIES:25
504584 (a) T
505-O PROVIDE SERVICES AS SET FORTH IN SECTION 43-4-1506; AND
506-PAGE 11-SENATE BILL 23-280 (b) TO HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY OR
507-INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES
508-GRANTED BY THIS SECTION
509-.
510-43-4-1504. Fuels impact enterprise cash fund - definition.
585+O PROVIDE SERVICES AS SET FORTH IN SECTION 43-4-1506;26
586+AND27
587+280
588+-16- (b) TO HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY1
589+OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES2
590+GRANTED BY THIS SECTION.3
591+43-4-1504. Fuels impact enterprise cash fund - definition.4
511592 (1) (a) (I) T
512-HE FUELS IMPACT ENTERPRISE CASH FUND IS CREATED IN THE
513-STATE TREASURY
514-. THE FUND CONSISTS OF FUELS IMPACT REDUCTION FEE
515-REVENUE CREDITED TO THE FUND PURS UANT TO SECTION
516-43-4-1505 (1), ANY
517-MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR APPROPRIATE TO
518-THE FUND FOR THE IMPLEMENTATION OF THE GRANT PROGRAM
519-, AND ANY
520-FEDERAL MONEY OR GIFTS
521-, GRANTS, OR DONATIONS RECEIVED. THE STATE
522-TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
523-DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND
524-.
593+HE FUELS IMPACT ENTERPRISE CASH FUND IS CREATED IN THE5
594+STATE TREASURY. THE FUND CONSISTS OF FUELS IMPACT REDUCTION FEE6
595+REVENUE CREDITED TO THE FUND PURSUANT TO SECTION 43-4-1505 (1),7
596+ANY MONEY THAT THE GENERAL ASSEMBLY MAY TRANSFER OR8
597+APPROPRIATE TO THE FUND FOR THE IMPLEMENTATION OF THE GRANT9
598+PROGRAM, AND ANY FEDERAL MONEY OR GIFTS , GRANTS, OR DONATIONS10
599+RECEIVED. THE STATE TREASURER SHALL CREDIT ALL INTEREST AND11
600+INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE12
601+FUND TO THE FUND.13
525602 (II) M
526-ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
527-ENTERPRISE FOR THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE
528-GRANT PROGRAM
529-.
603+ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE14
604+ENTERPRISE FOR THE DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE15
605+GRANT PROGRAM.16
530606 (III) T
531-HE STATE TREASURER SHALL CREDIT ALL INTEREST AND
532-INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
533-FUND TO THE FUND
534-.
607+HE STATE TREASURER SHALL CREDIT ALL INTEREST AND17
608+INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE18
609+FUND TO THE FUND.19
535610 (b) (I) N
536-OTWITHSTANDING SECTION 8-20-206.5 (8)(b), IF THE
537-AVAILABLE FUND BALANCE IN THE FUND IS GREATER THAN FIFTEEN MILLION
538-DOLLARS
539-, THE ENTERPRISE SHALL NOT IMPOSE, AND THE DEPARTMENT OF
540-REVENUE SHALL NOT COLLECT
541-, THE FUELS IMPACT REDUCTION FEE
542-DESCRIBED IN SECTION
543-8-20-206.5 (8), BUT IF THE AVAILABLE BALANCE IN
544-THE FUND IS LESS THAN FIFTEEN MILLION DOLLARS WITHIN A FISCAL YEAR
545-,
546-THE ENTERPRISE SHALL IMPOSE, AND THE DEPARTMENT OF REVENUE SHALL
547-COLLECT
548-, THE FUELS IMPACT REDUCTION FEE IN ACCORDANCE WITH SECTION
549-8-20-206.5 (8)(b).
611+OTWITHSTANDING SECTION 8-20-206.5 (8)(b), IF THE20
612+AVAILABLE FUND BALANCE IN THE FUND IS GREATER THAN FIFTEEN21
613+MILLION DOLLARS, THE ENTERPRISE SHALL NOT IMPOSE , AND THE22
614+DEPARTMENT OF REVENUE SHALL NOT COLLECT , THE FUELS IMPACT23
615+REDUCTION FEE DESCRIBED IN SECTION 8-20-206.5 (8), BUT IF THE24
616+AVAILABLE BALANCE IN THE FUND IS LESS THAN FIFTEEN MILLION25
617+DOLLARS WITHIN A FISCAL YEAR, THE ENTERPRISE SHALL IMPOSE, AND THE26
618+DEPARTMENT OF REVENUE SHALL COLLECT , THE FUELS IMPACT REDUCTION27
619+280
620+-17- FEE IN ACCORDANCE WITH SECTION 8-20-206.5 (8)(b).1
550621 (II) F
551-OR THE PURPOSES OF THIS SUBSECTION (1)(b), "AVAILABLE
552-FUND BALANCE
553-" MEANS THE SUM OF THE CURRENT YEAR REVENUES AND THE
554-PREVIOUS FUND BALANCE MINUS THE SUM OF THE OBLIGATIONS APPROVED
555-BY THE ENTERPRISE AND THE COSTS INCURRED BY THE DEPARTMENT OF
556-REVENUE IN COLLECTING THE FUELS IMPACT REDUCTION FEE REVENUE
557-.
622+OR THE PURPOSES OF THIS SUBSECTION (1)(b), "AVAILABLE2
623+FUND BALANCE" MEANS THE SUM OF THE CURRENT YEAR REVENUES AND3
624+THE PREVIOUS FUND BALANCE MINUS THE SUM OF THE OBLIGATIONS4
625+APPROVED BY THE ENTERPRISE AND THE COSTS INCURRED BY THE5
626+DEPARTMENT OF REVENUE IN COLLECTING THE FUELS IMPACT REDUCTION6
627+FEE REVENUE.7
558628 (c) F
559-OR PURPOSES OF THIS PART 15, THE ENTERPRISE MAY SEEK,
560-ACCEPT, AND EXPEND MONEY FROM FEDERAL SOURCES .
561-PAGE 12-SENATE BILL 23-280 (2) THE DEPARTMENT MAY TRANSFER MONEY FROM ANY LEGALLY
562-AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF DEFRAYING
563-EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES FEE REVENUE
564-OR REVENUE BOND PROCEEDS
565-. THE ENTERPRISE MAY ACCEPT AND EXPEND
566-ANY MONEY SO TRANSFERRED
567-, AND, NOTWITHSTANDING ANY STATE FISCAL
568-RULE OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE THAT COULD
569-OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY CONCLUSION
570-, SUCH
571-A TRANSFER IS A LOAN FROM THE DEPARTMENT TO THE ENTERPRISE THAT IS
572-REQUIRED TO BE REPAID AND IS NOT A GRANT FOR PURPOSES OF SECTION
573- 20
574-(2)(d)
575-OF ARTICLE X OF THE STATE CONSTITUTION , OR AS DEFINED IN
576-SECTION
577-24-77-102 (7). ALL MONEY TRANSFERRED AS A LOAN TO THE
578-ENTERPRISE SHALL BE CREDITED TO THE FUND
579-. LOAN LIABILITIES THAT ARE
580-RECORDED IN THE FUELS IMPACT FUND BUT THAT ARE NOT REQUIRED TO BE
581-PAID IN THE CURRENT FISCAL YEAR SHALL NOT BE CONSIDERED WHEN
582-CALCULATING SUFFICIENT STATUTORY FUND BALANCE FOR PURPOSES OF
583-SECTION
584-24-75-109. AS THE ENTERPRISE RECEIVES SUFFICIENT REVENUE IN
585-EXCESS OF EXPENSES
586-, THE ENTERPRISE SHALL REIMBURSE THE DEPARTMENT
587-FOR THE PRINCIPAL AMOUNT OF ANY LOAN MADE BY THE DEPARTMENT PLUS
588-INTEREST AT A RATE SET BY THE DEPARTMENT
589-.
629+OR PURPOSES OF THIS PART 15, THE ENTERPRISE MAY SEEK,8
630+ACCEPT, AND EXPEND MONEY FROM FEDERAL SOURCES .9
631+(2) T
632+HE DEPARTMENT MAY TRANSFER MONEY FROM ANY LEGALLY10
633+AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF DEFRAYING11
634+EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES FEE12
635+REVENUE OR REVENUE BOND PROCEEDS . THE ENTERPRISE MAY ACCEPT13
636+AND EXPEND ANY MONEY SO TRANSFERRED , AND, NOTWITHSTANDING ANY14
637+STATE FISCAL RULE OR GENERALLY ACCEPTED ACCOUNTING PRINCIPLE15
638+THAT COULD OTHERWISE BE INTERPRETED TO REQUIRE A CONTRARY16
639+CONCLUSION, SUCH A TRANSFER IS A LOAN FROM THE DEPARTMENT TO THE17
640+ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS NOT A GRANT FOR18
641+PURPOSES OF SECTION 20 (2)(d) OF ARTICLE X OF THE STATE19
642+CONSTITUTION, OR AS DEFINED IN SECTION 24-77-102 (7). ALL MONEY20
643+TRANSFERRED AS A LOAN TO THE ENTERPRISE SHALL BE CREDITED TO THE21
644+FUND. LOAN LIABILITIES THAT ARE RECORDED IN THE FUELS IMPACT FUND22
645+BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT FISCAL YEAR23
646+SHALL NOT BE CONSIDERED WHEN CALCULATING SUFFICIENT STATUTORY24
647+FUND BALANCE FOR PURPOSES OF SECTION 24-75-109. AS THE ENTERPRISE25
648+RECEIVES SUFFICIENT REVENUE IN EXCESS OF EXPENSES , THE ENTERPRISE26
649+SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL AMOUNT OF ANY27
650+280
651+-18- LOAN MADE BY THE DEPARTMENT PLUS INTEREST AT A RATE SET BY THE1
652+DEPARTMENT.2
590653 43-4-1505. Fuels impact reduction fee. (1) (a) I
591-N FURTHERANCE
592-OF ITS BUSINESS PURPOSE
593-, BEGINNING SEPTEMBER 1, 2023, THE ENTERPRISE
594-SHALL IMPOSE A FUELS IMPACT REDUCTION FEE PER GALLON TO BE PAID BY
595-A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN
596-COLORADO AND A
597-LICENSED FUEL DISTRIBUTOR WHO SHIPS PRODUCTS FROM OUTSIDE OF
598-COLORADO TO A POINT WITHIN COLORADO. FOR THE PURPOSE OF
599-MINIMIZING COMPLIANCE COSTS FOR DISTRIBUTORS AND ADMINISTRATIVE
600-COSTS FOR THE STATE
601-, THE DEPARTMENT OF REVENUE SHALL COLLECT THE
602-FUELS IMPACT REDUCTION FEE ON BEHALF OF THE ENTERPRISE
603-, AND A FUEL
604-DISTRIBUTOR SHALL PAY THE FEE TO THE DEPARTMENT OF REVENUE AS
605-REQUIRED BY SECTION
606- 8-20-206.5 (8)(a).
654+N FURTHERANCE3
655+OF ITS BUSINESS PURPOSE , BEGINNING SEPTEMBER 1, 2023, THE4
656+ENTERPRISE SHALL IMPOSE A FUELS IMPACT REDUCTION FEE PER GALLON5
657+TO BE PAID BY A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN6
658+C
659+OLORADO AND A LICENSED FUEL DISTRIBUTOR WHO SHIPS PRODUCTS7
660+FROM OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO. FOR THE8
661+PURPOSE OF MINIMIZING COMPLIANCE COSTS FOR DISTRIBUTORS AND9
662+ADMINISTRATIVE COSTS FOR THE STATE , THE DEPARTMENT OF REVENUE10
663+SHALL COLLECT THE FUELS IMPACT REDUCTION FEE ON BEHALF OF THE11
664+ENTERPRISE, AND A FUEL DISTRIBUTOR SHALL PAY THE FEE TO THE12
665+DEPARTMENT OF REVENUE AS REQUIRED BY SECTION 8-20-206.5 (8)(a).13
607666 (b) F
608-OR A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN
609-COLORADO AND A LICENSED FUEL DISTRIBUTOR WHO SHIPS PRODUCTS FROM
610-OUTSIDE OF
611-COLORADO TO A POINT WITHIN COLORADO, BEGINNING
612-SEPTEMBER 1, 2023, THE ENTERPRISE SHALL IMPOSE THE FUELS IMPACT
667+OR A LICENSED FUEL EXCISE TAX DISTRIBUTOR WITHIN14
668+C
669+OLORADO AND A LICENSED FUEL DISTRIBUTOR WHO SHIPS PRODUCTS15
670+FROM OUTSIDE OF COLORADO TO A POINT WITHIN COLORADO, BEGINNING16
671+S
672+EPTEMBER 1, 2023, THE ENTERPRISE SHALL IMPOSE THE FUELS IMPACT17
613673 REDUCTION FEE IN A REASONABLE AMOUNT THAT IS NO MORE THAN SIX
614-THOUSAND ONE HUNDRED TWENTY
615--FIVE MILLIONTHS OF A DOLLAR PER
616-GALLON OF FUEL PRODUCTS DELIVERED FOR SALE OR USE IN
617-COLORADO.
618-PAGE 13-SENATE BILL 23-280 (c) AS REQUIRED BY SECTION 8-20-206.5 (8)(c), THE EXECUTIVE
619-DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS
620-IMPACT REDUCTION FEE REVENUE IT COLLECTS TO THE STATE TREASURER
621-WHO SHALL CREDIT THE REVENUE
622-, MINUS THE COSTS TO THE DEPARTMENT
623-OF REVENUE FOR COLLECTING THE FEE
624-, TO THE FUND.
674+18
675+THOUSAND ONE HUNDRED TWENTY -FIVE MILLIONTHS OF A DOLLAR PER19
676+GALLON OF FUEL PRODUCTS DELIVERED FOR SALE OR USE IN COLORADO.20
677+(c) A
678+S REQUIRED BY SECTION 8-20-206.5 (8)(c), THE EXECUTIVE21
679+DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL TRANSMIT ANY FUELS22
680+IMPACT REDUCTION FEE REVENUE IT COLLECTS TO THE STATE TREASURER23
681+WHO SHALL CREDIT THE REVENUE, MINUS THE COSTS TO THE DEPARTMENT24
682+OF REVENUE FOR COLLECTING THE FEE , TO THE FUND.25
625683 43-4-1506. Fuels impact reduction grant program. (1) T
626-HERE IS
627-HEREBY CREATED THE FUELS IMPACT REDUCTION GRANT PROGRAM TO
628-PROVIDE GRANTS TO CERTAIN CRITICALLY IMPACTED COMMUNITIES
629-,
630-GOVERNMENTS, AND TRANSPORTATION CORRIDORS FOR THE IMPROVEMENT
631-OF HAZARDOUS MITIGATION CORRIDORS AND TO SUPPORT LOCAL AND STATE
632-GOVERNMENT PROJECTS RELATED TO EMERGENCY RESPONSES
633-,
634-ENVIRONMENTAL MITIGATION , OR PROJECTS RELATED TO THE
635-TRANSPORTATION OF FUEL WITHIN THE STATE
636-.
684+HERE26
685+IS HEREBY CREATED THE FUELS IMPACT REDUCTION GRANT PROGRAM TO27
686+280
687+-19- PROVIDE GRANTS TO CERTAIN CRITICALLY IMPACTED COMMUNITIES ,1
688+GOVERNMENTS , AND TRANSPORTATION CORRIDORS FOR THE2
689+IMPROVEMENT OF HAZARDOUS MITIGATION CORRIDORS AND TO SUPPORT3
690+LOCAL AND STATE GOVERNMENT PROJECTS RELATED TO EMERGENCY4
691+RESPONSES, ENVIRONMENTAL MITIGATION, OR PROJECTS RELATED TO THE5
692+TRANSPORTATION OF FUEL WITHIN THE STATE .6
637693 (2) (a) A
638-S PART OF THE FUELS IMPACT REDUCTION GRANT PROGRAM ,
639-THE ENTERPRISE SHALL ANNUALLY DISTRIBUTE TEN MILLION DOLLARS FROM
640-THE FUND TO THE FOLLOWING POLITICAL SUBDIVISIONS FOR THE
641-IMPROVEMENT OF HAZARDOUS MITIGATION CORRIDORS IN THE STATE
642-PRIORITIZING USES RELATED TO SAFETY AND ENVIRONMENTAL IMPACTS
643-:
694+S PART OF THE FUELS IMPACT REDUCTION GRANT7
695+PROGRAM, THE ENTERPRISE SHALL ANNUALLY DISTRIBUTE TEN MILLION8
696+DOLLARS FROM THE FUND TO THE FOLLOWING POLITICAL SUBDIVISIONS9
697+FOR THE IMPROVEMENT OF HAZARDOUS MITIGATION CORRIDORS IN THE10
698+STATE PRIORITIZING USES RELATED TO SAFETY AND ENVIRONMENTAL
699+11
700+IMPACTS:12
644701 (I) S
645-IX MILLION FOUR HUNDRED THOUSAND DOLLARS TO ADAMS
646-COUNTY
647-;
702+IX MILLION FOUR HUNDRED THOUSAND DOLLARS TO ADAMS13
703+COUNTY;14
648704 (II) T
649-WO MILLION DOLLARS TO THE CITY OF AURORA;
705+WO MILLION DOLLARS TO THE CITY OF AURORA;15
650706 (III) O
651-NE MILLION THREE HUNDRED THOUSAND DOLLARS TO EL PASO
652-COUNTY
653-;
707+NE MILLION THREE HUNDRED THOUSAND DOLLARS TO EL16
708+P
709+ASO COUNTY;17
654710 (IV) T
655-WO HUNDRED FORTY THOUSAND DOLLARS TO MESA COUNTY;
656-AND
657-(V) SIXTY THOUSAND DOLLARS TO OTERO COUNTY.
711+WO HUNDRED FORTY THOUSAND DOLLARS TO MESA18
712+COUNTY; AND19
713+(V) S
714+IXTY THOUSAND DOLLARS TO OTERO COUNTY.20
658715 (b) I
659716 F THE ENTERPRISE IS UNABLE TO DISTRIBUTE TEN MILLION
660-DOLLARS PURSUANT TO SUBSECTION
661- (2)(a) OF THIS SECTION, THE
662-ENTERPRISE SHALL DISTRIBUTE THE DOLLARS IT CAN DISTRIBUTE IN THE
663-SAME PROPORTION AS DESCRIBED IN SUBSECTION
664- (2)(a) OF THIS SECTION.
665-(c) I
666-F A POLITICAL SUBDIVISION IS UNABLE TO ACCEPT THE ANNUAL
667-PAGE 14-SENATE BILL 23-280 DISTRIBUTION MADE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE
668-ENTERPRISE SHALL DISTRIBUTE THE UNACCEPTED AMOUNTS TO THE OTHER
669-POLITICAL SUBDIVISIONS ON A PROPORTIONATE BASIS
670-.
717+21
718+DOLLARS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE22
719+ENTERPRISE SHALL DISTRIBUTE THE DOLLARS IT CAN DISTRIBUTE IN THE23
720+SAME PROPORTION AS DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION.24
721+(c) IF A POLITICAL SUBDIVISION IS UNABLE TO ACCEPT THE ANNUAL25
722+DISTRIBUTION MADE PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION,26
723+THE ENTERPRISE SHALL DISTRIBUTE THE UNACCEPTED AMOUNTS TO THE27
724+280
725+-20- OTHER POLITICAL SUBDIVISIONS ON A PROPORTIONATE BASIS .1
671726 (3) T
672-HE ENTERPRISE SHALL ANNUALLY DISTRIBUTE UP TO FIVE
673-MILLION DOLLARS FROM THE FUND
674-, AFTER MAKING THE TRANSFERS
675-REQUIRED BY SUBSECTION
676-(2) OF THIS SECTION AND AFTER PROVIDING FOR
677-THE ADMINISTRATIVE EXPENSES OF THE ENTERPRISE
678-, TO KEY COMMERCIAL
679-FREIGHT CORRIDORS
680-, TO SUPPORT STATE GOVERNMENT PROJECTS RELATED
681-TO EMERGENCY RESPONSES
682-, ENVIRONMENTAL MITIGATION , OR TO SUPPORT
683-PROJECTS RELATED TO THE TRANSPORTATION OF FUEL WITHIN THE STATE ON
684-ROUTES NECESSARY FOR THE TRANSPORTATION OF HAZARDOUS MATERIALS
685-.
727+HE ENTERPRISE SHALL ANNUALLY DISTRIBUTE UP TO FIVE2
728+MILLION DOLLARS FROM THE FUND , AFTER MAKING THE TRANSFERS3
729+REQUIRED BY SUBSECTION (2) OF THIS SECTION AND AFTER PROVIDING FOR4
730+THE ADMINISTRATIVE EXPENSES OF THE ENTERPRISE , TO KEY COMMERCIAL5
731+FREIGHT CORRIDORS, TO SUPPORT STATE GOVERNMENT PROJECTS RELATED6
732+TO EMERGENCY RESPONSES, ENVIRONMENTAL MITIGATION, OR TO SUPPORT7
733+PROJECTS RELATED TO THE TRANSPORTATION OF FUEL WITHIN THE STATE8
734+ON ROUTES NECESSARY FOR THE TRANSPORTATION OF HAZARDOUS9
735+MATERIALS.10
686736 43-4-1507. Repeal of part. T
687-HIS PART 15 IS REPEALED, EFFECTIVE
688-JANUARY 1, 2030.
689-SECTION 10. Appropriation. (1) For the 2023-24 state fiscal
690-year, $36,272 is appropriated to the department of revenue. This
691-appropriation is from the general fund. To implement this act, the
692-department may use this appropriation as follows:
693-(a) $18,272 for personal services related to taxation services; and
694-(b) $18,000 for tax administration IT system (GenTax) support.
695-SECTION 11. Act subject to petition - effective date. This act
696-takes effect at 12:01 a.m. on the day following the expiration of the
697-ninety-day period after final adjournment of the general assembly; except
698-that, if a referendum petition is filed pursuant to section 1 (3) of article V
699-of the state constitution against this act or an item, section, or part of this act
700-within such period, then the act, item, section, or part will not take effect
701-PAGE 15-SENATE BILL 23-280 unless approved by the people at the general election to be held in
702-November 2024 and, in such case, will take effect on the date of the official
703-declaration of the vote thereon by the governor.
704-____________________________ ____________________________
705-Steve Fenberg
706-Julie McCluskie
707-PRESIDENT OF SPEAKER OF THE HOUSE
708-THE SENATE OF REPRESENTATIVES
709-____________________________ ____________________________
710-Cindi L. Markwell Robin Jones
711-SECRETARY OF CHIEF CLERK OF THE HOUSE
712-THE SENATE OF REPRESENTATIVES
713- APPROVED________________________________________
714- (Date and Time)
715- _________________________________________
716- Jared S. Polis
717- GOVERNOR OF THE STATE OF COLORADO
718-PAGE 16-SENATE BILL 23-280
737+HIS PART 15 IS REPEALED, EFFECTIVE11
738+J
739+ANUARY 1, 2030.12
740+ 13
741+SECTION 10. Appropriation. (1) For the 2023-24 state fiscal14
742+year, $36,272 is appropriated to the department of revenue. This15
743+appropriation is from the general fund. To implement this act, the16
744+department may use this appropriation as follows:17
745+(a) $18,272 for personal services related to taxation services; and18
746+(b) $18,000 for tax administration IT system (GenTax) support.19
747+SECTION 11. Act subject to petition - effective date. This act20
748+takes effect at 12:01 a.m. on the day following the expiration of the21
749+ninety-day period after final adjournment of the general assembly; except22
750+that, if a referendum petition is filed pursuant to section 1 (3) of article V23
751+of the state constitution against this act or an item, section, or part of this24
752+act within such period, then the act, item, section, or part will not take25
753+280
754+-21- effect unless approved by the people at the general election to be held in1
755+November 2024 and, in such case, will take effect on the date of the2
756+official declaration of the vote thereon by the governor.3
757+280
758+-22-