Colorado 2024 Regular Session

Colorado Senate Bill SB095 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Second Regular Session
2	2		Seventy-fourth General Assembly
3	3		STATE OF COLORADO
4		-	~~REENGROSSED~~
5		-	This Version Includes All Amendments
6		-	~~Adopted~~ in the House of Introduction
	4	+	ENGROSSED
	5	+	This Version Includes All Amendments Adopted
	6	+	on Second Reading in the House of Introduction
7	7		LLS NO. 24-0791.01 Jery Payne x2157
8	8		SENATE BILL 24-095
9	9		Senate Committees House Committees
10	10		Transportation & Energy
11	11		Finance
12	12		Appropriations
13	13		A BILL FOR AN ACT
14	14		C
15	15		ONCERNING MEASURES TO ADDRESS OZONE LEVELS IN AREAS THAT101
16	16		DO NOT MEET FEDERAL OZONE NATIONAL AMBIENT AIR QUALITY102
17	17		STANDARDS, AND, IN CONNECTION THEREWITH , ENACTING
18	18		103
19	19		INCENTIVE-BASED OZONE PRECURSOR EMISSIONS REDUCTION104
20	20		MEASURES FOR ON -ROAD MOBILE SOURCES AND FOR LAWN105
21	21		EQUIPMENT, CONDUCTING ANNUAL PHOTOCHEMICAL MODELING106
22	22		STUDIES AND DATA ANALYSIS, AND MAKING AN APPROPRIATION .107
23	23		Bill Summary
24	24		(Note: This summary applies to this bill as introduced and does
25	25		not reflect any amendments that may be subsequently adopted. If this bill
26	26		passes third reading in the house of introduction, a bill summary that
27	27		applies to the reengrossed version of this bill will be available at
28	28		http://leg.colorado.gov
29	29		.)
30	30		SENATE
31		-	3rd Reading Unamended
32		-	May 4, 2024
33		-	SENATE
34	31		Amended 2nd Reading
35	32		May 3, 2024
36	33		SENATE SPONSORSHIP
37		-	Kirkmeyer and Rodriguez, Bridges, Buckner, Coleman, Cutter, Exum, Fenberg, Fields,
38		-	Ginal, Gonzales, Hansen, Hinrichsen, Kolker, Marchman, Michaelson Jenet, Priola, Winter
39		-	F., Zenzinger
	34	+	Kirkmeyer and Rodriguez,
40	35		HOUSE SPONSORSHIP
41	36		Bacon and Evans,
42	37		Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43	38		Capital letters or bold & italic numbers indicate new material to be added to existing law.
44	39		Dashes through the words or numbers indicate deletions from existing law. Sections 1 and 2 of the bill create a high-emitter vehicle program
45	40		for owners of motor vehicles that are not in compliance with emission
46	41		standards and that have been issued a certification of emissions waiver
47	42		(qualified vehicle). If the owner of a qualified vehicle resides in a
48	43		nonattainment area for ozone and has unsuccessfully attempted to have
49	44		the motor vehicle repaired to cure the noncompliance, the owner is
50	45		eligible for a voucher of $850. The vouchers may be redeemed at
51	46		qualified repair facilities that will bring the vehicle into compliance. The
52	47		high-emitter vehicle program is funded by using up to 20% of the money
53	48		in the AIR account in the highway users tax fund.
54	49		The high-emitter vehicle program is administered by the
55	50		nonattainment area air pollution mitigation enterprise, in coordination
56	51		with the department of revenue, contractors that provide inspection
57	52		services, and the clean screen authority. The high-emitter vehicle program
58	53		repeals when Colorado meets federal ozone national ambient air quality
59	54		standards (attainment).
60	55		Section 3 requires the air quality control commission
61	56		(commission) to create, in coordination with the lead agency for air
62	57		quality planing for the Denver metropolitan area, a garden rebate program
63	58		to increase the use of small electric motors used for outdoor power
64	59		equipment. The program must:
65	60		! Provide a point-of-purchase rebate of the lesser of $150 or
66	61		one-third of the price for each piece of outdoor power
67	62		equipment purchased by the end user in a nonattainment
68	63		area for ozone;
69	64		! Establish a registration system for qualified retailers; and
70	65		! Require the division to publicize the garden rebate
71	66		program.
72	67		The division of administration in the department of public health
73	68		and environment (division) administers the garden rebate program, and
74	69		the commission sets standards for qualified retailers to register for the
75	70		program. If the garden rebate program exceeds its appropriation, the
76	71		division may pause the program. The garden rebate program repeals
77	72		January 1, 2030. Section 4 repeals the current tax credit for buying lawn
78	73		and garden equipment with an electric motor.
79	74		In current law, the clean fleet enterprise (enterprise) incentivizes
80	75		and supports the use of electric motor vehicles for certain fleet uses,
81	76		including transportation network companies. Sections 5 and 6:
82	77		! Expand the program to include light-duty trucks;
83	78		! Authorize the clean fleet enterprise to provide grants of up
84	79		to 80% of a local government's cost of acquiring motor
85	80		vehicles that emit low levels of nitrogen oxides for the
86	81		local government to use in its motor vehicle fleet; and
87	82		! Require the enterprise to prioritize making grants to local
88	83		095
89	84		-2- governments.
90	85		The grant program authorization and prioritization repeal December 31,
91	86		2029.
92	87		Section 7 requires the division to regularly perform, in the
93	88		nonattainment area for ozone, photochemical modeling studies and data
94	89		analysis designed to determine ambient air ozone levels and the
95	90		effectiveness of policies for lowering ambient air ozone levels. The
96	91		division is required to publish the results to the division's website and
97	92		report the results to the commission and at its "SMART Act" hearing.
98	93		Section 7 is repealed when Colorado achieves attainment.
99	94		Be it enacted by the General Assembly of the State of Colorado:1
100	95
101	96		2
102	97		SECTION 1. In Colorado Revised Statutes, 42-4-310, add3
103	98		(1)(d)(XIII) as follows:4
104	99		42-4-310. Periodic emissions control inspection required.5
105	100		(1) (d) (XIII) N
106	101		OTWITHSTANDING SUBSECTIONS (1)(d)(I) TO (1)(d)(IX)
107	102		6
108	103		OF THIS SECTION, AN AUTHORIZED STATE REPRESENTATIVE SHALL NOT7
109	104		ISSUE A CERTIFICATE OF EMISSIONS WAIVER TO A MOTOR VEHICLE THAT8
110	105		HAS BEEN ISSUED A VOUCHER IN ACCORDANCE WITH SECTION 42-4-3179
111	106		UNTIL THE MOTOR VEHICLE HAS RECEIVED THE ADDITIONAL REPAIRS10
112	107		COVERED BY THE VOUCHER IN ACCORDANCE WITH THE RULES ADOPTED11
113	108		UNDER SECTION 42-4-317 OR THE MOTOR VEHICLE REPAIRS HAVE12
114	109		EXHAUSTED THE VOUCHER .13
115	110		SECTION 2. In Colorado Revised Statutes, add 42-4-317 as14
116	111		follows:15
117	112		42-4-317. Voucher program - rules. (1) T
118	113		HE EXECUTIVE
119	114		16
120	115		DIRECTOR OF THE DEPARTMENT SHALL COORDINATE WITH THE17
121	116		NONATTAINMENT AREA AIR POLLUTION MITIGATION ENTERPRISE CREATED18
122	117		IN SECTION 43-4-1303 TO CREATE A VOUCHER PROGRAM FOR MOTOR19
123	118		VEHICLES THAT HAVE RECEIVED THE REPAIRS REQUIRED IN SECTION20
124	119		095-3- 42-4-306 BUT HAVE FAILED TO BE ISSUED A CERTIFICATE OF EMISSIONS1
125	120		COMPLIANCE. THE VOUCHER PROGRAM MUST IDENTIFY QUALIFIED2
126	121		VEHICLES AND THE PROCEDURE FOR ISSUING AND REDEEMING THE3
127	122		VOUCHERS.4
128	123		(2) T
129	124		HE VOUCHER PROGRAM MUST PROVIDE A VOUCHER WORTH
130	125		5
131	126		EIGHT HUNDRED FIFTY DOLLARS THAT THE OWNER OF A MOTOR VEHICLE6
132	127		MAY REDEEM WITH A REGISTERED REPAIR FACILITY OR TECHNICIAN TO7
133	128		PERFORM REPAIRS TO MAKE THE MOTOR VEHICLE ELIGIBLE FOR A8
134	129		CERTIFICATE OF EMISSIONS COMPLIANCE .9
135	130		(3) T
136	131		HE EXECUTIVE DIRECTOR OF THE DEPARTMENT MAY
137	132		10
138	133		PROMULGATE RULES TO IMPLEMENT THIS SECTION .11
139	134		(4) T
140	135		O IMPLEMENT THIS SECTION, THE GENERAL ASSEMBLY SHALL
141	136		12
142	137		APPROPRIATE FUNDS FROM THE NONATTAINMENT AREA AIR POLLUTION13
143	138		MITIGATION ENTERPRISE FUND, CREATED IN SECTION 43-4-1303 (5).14
144	139		SECTION 3. In Colorado Revised Statutes, add 25-7-146 as15
145	140		follows:16
146	141		25-7-146. Appropriation to implement electric lawn17
147	142		equipment program - repeal. (1) T
148	143		HE GENERAL ASSEMBLY SHALL
149	144		18
150	145		APPROPRIATE ONE HUNDRED THOUSAND DOLLARS FROM THE19
151	146		NONATTAINMENT AREA AIR POLLUTION MITIGATION ENTERPRISE FUND ,20
152	147		CREATED IN SECTION 43-4-1303 (5), TO THE DEPARTMENT OF PUBLIC21
153	148		HEALTH AND ENVIRONMENT FOR USE BY THE LEAD AIR QUALITY PLANNING22
154	149		AGENCY FOR THE DENVER METROPOLITAN AREA AND THE DENVER23
155	150		M
156	151		ETRO/NORTH FRONT RANGE OZONE NONATTAINMENT AREA IN ORDER
157	152		24
158	153		TO FUND A REBATE PROGRAM FOR THE REPLACEMENT OF GAS -POWERED25
159	154		LAWN EQUIPMENT WITH ELECTRIC LAWN EQUIPMENT .26
160	155		(2) T
161	156		HIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2033.
162	157		27
163	158		095
164	159		-4- SECTION 4. In Colorado Revised Statutes, 25-7.5-102, amend1
165	160		(16); and add (13.4) and (13.6) as follows:2
166	161		25-7.5-102. Definitions. As used in this article 7.5, unless the3
167	162		context otherwise requires:4
168	163		(13.4) "L
169	164		IGHT-DUTY VEHICLE" MEANS A MOTOR VEHICLE
170	165		WITH A5
171	166		GROSS VEHICLE WEIGHT RATING, AS DEFINED IN SECTION 42-2-402 (6), OF6
172	167		TEN THOUSAND POUNDS OR LESS .7
173	168		(13.6) "L
174	169		OCAL GOVERNMENT" MEANS A CITY OR COUNTY.8
175	170		(16) "Motor vehicle fleet" means a group of motor vehicles that9
176	171		is owned or operated:10
177	172		(a) By a governmental entity for a public purpose, including but
178	173		11
179	174		not limited to public school transportation or law enforcement; or12
180	175		(b) By a business entity for a business if:13
181	176		(I) The group of motor vehicles is composed primarily of14
182	177		LIGHT-DUTY VEHICLES,
183	178		heavy-duty motor vehicles, medium-duty motor15
184	179		vehicles, or refrigerated trailer units; or16
185	180		(II) The group of motor vehicles is:17
186	181		(A) Owned or operated by a company that rents motor vehicles in18
187	182		the fleet to transportation network company drivers for use in providing19
188	183		transportation network company services; or is20
189	184		(B) Owned and operated directly, or indirectly through21
190	185		independent contractors who own or lease individual motor vehicles in22
191	186		the group, by a transportation network company or by a retailer for the23
192	187		purpose of making retail deliveries.24
193	188		SECTION 5. In Colorado Revised Statutes, 25-7.5-103, amend25
194	189		(6)(d); and add (12) as follows:26
195	190		25-7.5-103. Clean fleet enterprise - creation - board - powers27
196	191		095
197	192		-5- and duties - fees - fund - repeal. (6) In addition to any other powers and1
198	193		duties specified in this section, the board has the following general2
199	194		powers and duties:3
200	195		(d) To contract with any public or private entity, including state4
201	196		agencies, consultants, and the attorney general's office, for professional5
202	197		and technical assistance, office space, and administrative services, advice,6
203	198		and other services related to the conduct of the affairs of the enterprise.7
204	199		The enterprise is encouraged to issue grants on a
205	200		STREAMLINED AND8
206	201		competitive basis based on written criteria established by the enterprise9
207	202		in advance of any deadlines for the submission of grant applications. The10
208	203		board shall generally avoid using sole-source contracts.11
209	204		(12) (a) T
210	205		HE ENTERPRISE MAY PROVIDE FUNDING THROUGH A12
211	206		GRANT PROGRAM TO PROVIDE UP TO FIFTY
212	207		PERCENT OF A LOCAL13
213	208		GOVERNMENT'S COST OF ACQUIRING ELECTRIC LIGHT-DUTY VEHICLES FOR14
214	209		THE LOCAL GOVERNMENT TO USE IN ITS MOTOR VEHICLE FLEET .15
215	210		(b) I
216	211		N IMPLEMENTING SUBSECTION (9) OF THIS SECTION AND THIS16
217	212		SUBSECTION (12), THE BOARD SHALL PRIORITIZE MAKING GRANTS TO17
218	213		LOCAL GOVERNMENTS .18
219	214		(c) T
220	215		HIS SUBSECTION (12) IS REPEALED, EFFECTIVE DECEMBER 31,19
221	216		2029.20
222	217		SECTION 6. In Colorado Revised Statutes, 25-7.5-103, amend
223	218		21
224	219		(9)(b)(I) as follows:22
225	220		25-7.5-103. Clean fleet enterprise - creation - board - powers23
226	221		and duties - fees - fund. (9) (b) The enterprise may provide funding or24
227	222		financing through grant programs, rebate programs, revolving loan funds,25
228	223		or such other strategies as the board finds effective:26
229	224		(I) To help public and private owners and operators of motor27
230	225		095
231	226		-6- vehicle fleets finance electric motor vehicle acquisitions to reduce the1
232	227		up-front costs of acquiring electric motor vehicles, through December 31,2
233	228		2026, to help public and private owners and operators of motor vehicle3
234	229		fleets finance acquisitions of compressed natural gas motor vehicles that4
235	230		are trucks if at least ninety percent of the fuel for the trucks will be EMIT5
236	231		LOW LEVELS OF NITROGEN OXIDES WHEN USED TO POWER THE TRUCK ,6
237	232		INCLUDING recovered methane, and, on and after January 1, 2027, for so7
238	233		long as the enterprise determines that electric motor vehicles are not yet8
239	234		practically available or do not meet the operational requirements such as9
240	235		cargo carrying capacity and driving range for specific categories of10
241	236		trucks, to help public and private owners and operators of motor vehicle11
242	237		fleets finance acquisitions of compressed natural gas motor vehicles that12
243	238		are trucks if at least ninety percent of the fuel for the trucks will be EMIT13
244	239		LOW LEVELS OF NITROGEN OXIDES WHEN USED TO POWER THE TRUCK ,14
245	240		INCLUDING recovered methane;15
246	241		SECTION 7. In Colorado Revised Statutes, add 25-7-147 as16
247	242		follows:17
248	243		25-7-147. Photochemical modeling required for state18
249	244		implementation plan - repeal. (1) T
250	245		HE COMMISSION AND DIVISION
251	246		19
252	247		SHALL USE PHOTOCHEMICAL MODELING AND DATA ANALYSIS AS THE BASIS20
253	248		FOR REVISING THE STATE IMPLEMENTATION PLAN IN 2026. THE21
254	249		PHOTOCHEMICAL MODELING MUST CONFORM WITH THE COMPREHENSIVE22
255	250		AIR QUALITY MODELING SYSTEM WITH EXTENSION .23
256	251		(2) T
257	252		HE COMMISSION AND DIVISION SHALL IMPLEMENT THIS
258	253		24
259	254		SECTION BY CONTRACTING WITH A RESEARCH INSTITUTION TO CONDUCT25
260	255		THE PHOTOCHEMICAL MODELING AND DATA ANALYSIS .26
261	256		(3) T
262	257		HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
263	258		27
264	259		095
265	260		-7- SECTION 8. In Colorado Revised Statutes, 42-4-306, amend1
266	261		(3)(b)(V)(A); and add (3)(b)(V)(C) and (7)(c) as follows:2
267	262		42-4-306. Powers and duties of commission - automobile3
268	263		inspection and readjustment program - basic emissions program -4
269	264		enhanced emissions program - clean screen program - notice to5
270	265		revisor of statutes - repeal. (3) (b) (V) (A) Notwithstanding any6
271	266		contrary provision in the "Procurement Code", articles 101 to 112 of title7
272	267		24, C.R.S., or this article ARTICLE 4, any contract for inspection services8
273	268		may be renewed for a term not to exceed two years, after which the9
274	269		contract may be renewed for a single term of up to four years or rebid;10
275	270		except that inspection fees during any such four-year renewal contract11
276	271		shall be as determined under ARE SUBJECT TO section 42-4-311 (6).12
277	272		(C) N
278	273		OTWITHSTANDING ANY CONTRARY PROVISION IN THE
279	274		13
280	275		"P
281	276		ROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, OR THIS
282	277		14
283	278		ARTICLE 4, THE DIVISION SHALL RENEGOTIATE OR RENEW A CONTRACT FOR15
284	279		INSPECTION SERVICES IN EXISTENCE ON JULY 1, 2024, NO LATER THAN16
285	280		O
286	281		CTOBER 1, 2024, TO ACCOUNT FOR THE FEE ESTABLISHED IN SECTION
287	282		17
288	283		42-4-311
289	284		(6) AS IT WILL BECOME EFFECTIVE ON THE EFFECTIVE DATE OF
290	285		18
291	286		THIS SUBSECTION (3)(b)(I)(C) AND FOR A TERM NOT TO EXCEED FOUR19
292	287		YEARS, AFTER WHICH THE CONTRACT MAY BE RENEWED FOR A SINGLE20
293	288		TERM OF UP TO FOUR YEARS OR REBID. THE NEW CONTRACT MUST PROVIDE21
294	289		FOR ADDING ADDITIONAL TESTING STATIONS AND EXPANDING THE CLEAN22
295	290		SCREEN INSPECTION UNITS.23
296	291		(7) (c) (I) T
297	292		HE DEPARTMENT OF PUBLIC HEALTH AND
298	293		24
299	294		ENVIRONMENT SHALL SEEK APPROVAL FROM THE ENVIRONMENTAL25
300	295		PROTECTION AGENCY OF A PROPOSED REVISION TO THE STATE26
301	296		IMPLEMENTATION PLAN THAT WOULD REPLACE THE EXISTING ON -BOARD27
302	297		095
303	298		-8- DIAGNOSTICS TEST WITH AN IM240 EMISSIONS TEST OR TAILPIPE1
304	299		EMISSIONS TEST AS SPECIFIED IN GUIDANCE ISSUED BY THE2
305	300		ENVIRONMENTAL PROTECTION AGENCY , UNLESS THE MOTOR VEHICLE3
306	301		CANNOT BE TESTED USING THE TAILPIPE TEST OR THE TAILPIPE TEST IS4
307	302		UNSAFE. THE DEPARTMENT SHALL SUBMIT THE PROPOSED STATE5
308	303		IMPLEMENTATION PLAN REVISION TO THE AIR QUALITY CONTROL6
309	304		COMMISSION BY SEPTEMBER 31, 2024; THE COMMISSION SHALL ADOPT THE7
310	305		PROPOSAL BY DECEMBER 31, 2024; AND THE DEPARTMENT SHALL SUBMIT8
311	306		THE PROPOSAL TO THE ENVIRONMENTAL PROTECTION AGENCY BY MAY 5,9
312	307		2025.
313	308		BEFORE SUBMITTING THE PROPOSAL TO THE COMMISSION , THE
314	309		10
315	310		DEPARTMENT SHALL PROVIDE THE OPPORTUNITY FOR WRITTEN COMMENT11
316	311		AND SHALL HOLD A STAKEHOLDER MEETING TO SOLICIT INPUT ON THE12
317	312		PROPOSAL. THE PROPOSAL MUST TAKE INTO CONSIDERATION ANY13
318	313		STAKEHOLDER INPUT RECEIVED, INCLUDING FROM EMISSIONS INSPECTORS,14
319	314		OWNERS OF VEHICLES THAT FAILED THE ON -BOARD DIAGNOSTICS TEST15
320	315		SOLELY BECAUSE A CHECK ENGINE LIGHT WAS ILLUMINATED ON THE16
321	316		VEHICLES' DASHBOARDS , LEGISLATORS , MOTOR VEHICLE17
322	317		MANUFACTURERS, AND AIR QUALITY CONTROL EXPERTS .18
323	318		(II) T
324	319		HIS SUBSECTION (7)(c) WILL BE REPEALED IF THE
325	320		19
326	321		ENVIRONMENTAL PROTECTION AGENCY REJECTS THE PROPOSED STATE20
327	322		IMPLEMENTATION PLAN REVISION SUBMITTED PURSUANT TO SUBSECTION21
328	323		(7)(c)(I)
329	324		OF THIS SECTION. THE DIRECTOR OF THE DIVISION OF
330	325		22
331	326		ADMINISTRATION IN THE DEPARTMENT OF PUBLIC HEALTH AND23
332	327		ENVIRONMENT SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING OF24
333	328		THE DATE ON WHICH THE CONDITION SPECIFIED IN THIS SUBSECTION25
334	329		(7)(c)(II)
335	330		HAS OCCURRED BY E -MAILING THE NOTICE TO
336	331		26
337	332		REVISOROFSTATUTES.GA@COLEG.GOV. THIS SUBSECTION (7)(c) IS27
338	333		095
339	334		-9- REPEALED, EFFECTIVE UPON THE DATE IDENTIFIED IN THE NOTICE THAT1
340	335		THE CONDITION OCCURRED OR , IF THE NOTICE DOES NOT SPECIFY THAT2
341	336		DATE, UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES .3
342	337		SECTION 9. In Colorado Revised Statutes, 42-4-311, amend4
343	338		(4)(a)(I) and (6)(a); repeal (6)(b); and add (4)(a)(III) as follows:5
344	339		42-4-311. Operation of inspection and readjustment stations6
345	340		- inspection-only facilities - fleet inspection stations - motor vehicle7
346	341		dealer test facilities - enhanced inspection centers. (4) (a) (I) S
347	342		UBJECT
348	343		8
349	344		TO SUBSECTION (4)(a)(III) OF THIS SECTION, a licensed inspection and9
350	345		readjustment station, inspection-only facility, or motor vehicle dealer test10
351	346		facility shall charge a fee not to exceed fifteen dollars for the inspection11
352	347		of vehicles, model year 1981 and older, at facilities licensed or authorized12
353	348		within either the basic or enhanced emissions program; except that for13
354	349		1982 model and newer vehicles a test facility may charge a fee not to14
355	350		exceed twenty-five THIRTY-FIVE dollars.15
356	351		(III) T
357	352		HE DIVISION SHALL ANNUALLY ADJUST FOR INFLATION OR
358	353		16
359	354		DEFLATION THE FEES DESCRIBED IN SUBSECTION (4)(a)(I) OF THIS SECTION.17
360	355		T
361	356		HE DIVISION MAY ROUND THE ADJUSTED AMOUNT UPWARD OR
362	357		18
363	358		DOWNWARD AS APPROPRIATE . INFLATION OR DEFLATION IS MEASURED BY19
364	359		THE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT20
365	360		OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX , OR A21
366	361		SUCCESSOR INDEX, FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS22
367	362		PAID BY URBAN CONSUMERS .23
368	363		(6) (a) The fee charged for enhanced emissions inspections24
369	364		performed within the enhanced emissions program area on 1982 and later25
370	365		motor vehicles shall MUST not be any greater than that determined by the26
371	366		contract and in no case greater than twenty-five THIRTY-FIVE dollars. The27
372	367		095
373	368		-10- fee charged for clean screen inspections performed on vehicles registered1
374	369		in the basic area shall MUST not be any greater than that determined by the2
375	370		contract and in no case greater than fifteen dollars. Such THE fee shall3
376	371		MUST not exceed the maximum fee required to be posted by the enhanced4
377	372		inspection center pursuant to section 42-4-305 for the inspection of any5
378	373		motor vehicle required to be inspected under section 42-4-310.6
379	374		(b) During the two-year renewal of the contract entered into7
380	375		pursuant to section 42-4-307 (10), the commission shall hold a hearing to8
381	376		determine the maximum fee that may be charged pursuant to the contract9
382	377		for inspections during any subsequent renewal term. The maximum fee10
383	378		must be based on estimated actual operating costs during the life of the11
384	379		contract, determined pursuant to the proceeding, plus a percentage to be12
385	380		determined by the commission, not to exceed ten percent and not to13
386	381		exceed twenty-five dollars.14
387	382		SECTION 10. Appropriation. (1) For the 2024-25 state fiscal15
388	383		year, $100,000 is appropriated to the department of public health and16
389	384		environment for use by the air pollution control division. This17
390	385		appropriation is from the nonattainment area air pollution mitigation18
391	386		enterprise fund created in section 43-4-1303 (5)(a), C.R.S. To implement19
392	387		this act, the division may use this appropriation for program costs related20
393	388		to administration.21
394	389		(2) For the 2024-25 state fiscal year, $15,897 is appropriated to22
395	390		the department of revenue. This appropriation is from the nonattainment23
396	391		area air pollution mitigation enterprise fund created in section 43-4-130324
397	392		(5)(a), C.R.S. To implement this act, the department may use this25
398	393		appropriation as follows:26
399	394		(a) $13,022 for use by the division of motor vehicles for personal27
400	395		095
401	396		-11- services related to vehicle services, which amount is based on an1
402	397		assumption that the division will require an additional 0.3 FTE;2
403	398		(b) $1,984 for use by the division of motor vehicles for DRIVES3
404	399		maintenance and support;4
405	400		(c) $384 for division of motor vehicles for operating expenses5
406	401		related to vehicle services; and6
407	402		(d) $210 for the executive director's office for personal services7
408	403		related to administration and support; and8
409	404		(e) $297 for the purchase of information technology services.9
410	405		(3) For the 2024-25 state fiscal year, $297 is appropriated to the10
411	406		office of the governor for use by the office of information technology.11
412	407		This appropriation is from reappropriated funds received from the12
413	408		department of revenue under subsection (2)(e) of this section. To13
414	409		implement this act, the office may use this appropriation to provide14
415	410		information technology services for the department of revenue.15
416	411		SECTION 11. Act subject to petition - effective date -16
417	412		applicability. (1) This act takes effect at 12:01 a.m. on the day following17
418	413		the expiration of the ninety-day period after final adjournment of the18
419	414		general assembly; except that, if a referendum petition is filed pursuant19
420	415		to section 1 (3) of article V of the state constitution against this act or an20
421	416		item, section, or part of this act within such period, then the act, item,21
422	417		section, or part will not take effect unless approved by the people at the22
423	418		general election to be held in November 2024 and, in such case, will take23
424	419		effect on the date of the official declaration of the vote thereon by the24
425	420		governor.25
426	421		(2) This act applies to taxable actions occurring on or after the26
427	422		applicable effective date of this act.27
428	423		095
429	424		-12-