Old | New | Differences | |
---|---|---|---|
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 | |
1 | 8 | 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 | |
5 | 13 | 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 | |
41 | 154 | (f) (II) This paragraph (f) | |
42 | - | SUBSECTION (3)(f) is repealed, | |
43 | - | September 1, 2023 SEPTEMBER 1, 2033. | |
155 | + | SUBSECTION (3)(f) is repealed, effective13 | |
156 | + | September 1, 2023 SEPTEMBER 1, 2033.14 | |
44 | 157 | (3.7) T | |
45 | - | HE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC | |
46 | - | MAY ANNUALLY TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS | |
47 | - | ||
48 | - | ||
49 | - | . | |
50 | - | (9) (a) There is hereby created in the state treasury the | |
51 | - | cleanup and redevelopment fund, which is referred to in this | |
52 | - | as the redevelopment fund. The redevelopment fund's sources | |
53 | - | are: | |
54 | - | (III) Any legislative appropriations made to the | |
55 | - | ||
56 | - | (IV) Earned interest, which the state treasurer shall deposit in | |
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 | |
57 | 170 | 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 | |
82 | 194 | 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 | |
103 | 221 | (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 | |
107 | 227 | (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 | |
109 | 229 | 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 | |
112 | 327 | (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 | |
214 | 329 | (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 | |
219 | 333 | (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 | |
241 | 351 | 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 | |
255 | 363 | 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 | |
263 | 373 | (2) "Covered individual" means a firefighter, | |
264 | 374 | 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 | |
277 | 388 | (4.5) "H | |
278 | 389 | 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 | |
301 | 416 | (A) H | |
302 | 417 | 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 | |
316 | 432 | (b) T | |
317 | - | HE PATROL MAY CONFORM HAZARDOUS MATERIALS | |
318 | - | REGULATIONS MADE PURSUANT TO THIS SECTION TO | |
319 | - | COMMISSION REGULATIONS MADE PURSUANT TO SUBSECTION | |
320 | - | ||
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 | |
321 | 437 | 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 | |
327 | 442 | 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 | |
336 | 449 | (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 | |
345 | 457 | (II) T | |
346 | - | HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT | |
347 | - | APPROPRIATE TO ESTABLISH THE FUELS IMPACT REDUCTION | |
348 | - | TO PROVIDE GRANTS TO THOSE COMMUNITIES FOR | |
349 | - | THEIR HAZARDOUS MITIGATION | |
350 | - | PROJECTS RELATED TO THE | |
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 | |
352 | 464 | (b) T | |
353 | - | HEREFORE, THE GENERAL ASSEMBLY FINDS THAT IT | |
354 | - | REASONABLE TO ESTABLISH THE FUELS IMPACT ENTERPRISE TO ASSIST | |
355 | - | ADMINISTRATION OF THE PROGRAMS DESCRIBED IN THIS | |
356 | - | (1) | |
357 | - | TO COLLECT THE FEES NECESSARY TO IMPLEMENT | |
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 | |
359 | 471 | (2) T | |
360 | - | HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT : | |
472 | + | HE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT :21 | |
361 | 473 | (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 | |
371 | 482 | (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 | |
385 | 490 | (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 | |
389 | 493 | 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 | |
420 | 518 | 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 | |
424 | 521 | (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 | |
428 | 524 | (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 | |
435 | 529 | (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 | |
439 | 532 | (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 | |
443 | 535 | (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 | |
448 | 539 | 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 | |
457 | 546 | (b) T | |
458 | - | HE ENTERPRISE IS A TYPE 2 ENTITY, AS DEFINED IN | |
459 | - | 24-1-105, | |
460 | - | ||
461 | - | . THE GOVERNING BOARD OF | |
462 | - | ||
463 | - | ||
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 | |
465 | 554 | (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 | |
474 | 560 | (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 | |
478 | 563 | (b) I | |
479 | - | SSUE GRANTS AS AUTHORIZED BY THE FUELS | |
480 | - | GRANT PROGRAM CREATED IN SECTION | |
481 | - | ||
482 | - | ||
483 | - | FEE REVENUE AND OTHER AVAILABLE MONEY OF | |
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 | |
485 | 570 | (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 | |
498 | 580 | (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 | |
504 | 584 | (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 | |
511 | 592 | (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 | |
525 | 602 | (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 | |
530 | 606 | (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 | |
535 | 610 | (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 | |
550 | 621 | (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 | |
558 | 628 | (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 | |
590 | 653 | 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 | |
607 | 666 | (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 | |
613 | 673 | 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 | |
625 | 683 | 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 | |
637 | 693 | (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 | |
644 | 701 | (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 | |
648 | 704 | (II) T | |
649 | - | WO MILLION DOLLARS TO THE CITY OF AURORA; | |
705 | + | WO MILLION DOLLARS TO THE CITY OF AURORA;15 | |
650 | 706 | (III) O | |
651 | - | NE MILLION THREE HUNDRED THOUSAND DOLLARS TO | |
652 | - | ||
653 | - | ; | |
707 | + | NE MILLION THREE HUNDRED THOUSAND DOLLARS TO EL16 | |
708 | + | P | |
709 | + | ASO COUNTY;17 | |
654 | 710 | (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 | |
658 | 715 | (b) I | |
659 | 716 | 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 | |
671 | 726 | (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 | |
686 | 736 | 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- |