Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 24-0517.01 Christopher McMichael x4775
SENATE BILL 24-123
Senate Committees House Committees
Finance
Appropriations
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF AN ENTERPRISE THAT IS EXEMPT FROM101
THE REQUIREMENTS OF SECTION 20 OF ARTICLE X OF THE STATE102
CONSTITUTION TO ADMINISTER A FEE -BASED WASTE TIRE103
MANAGEMENT PROGRAM , AND, IN CONNECTION THEREWITH ,
104
MAKING AN APPROPRIATION .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates the waste tire management enterprise (enterprise).
Under current law, when a consumer buys new tires, the retailer charges
SENATE
Amended 2nd Reading
April 16, 2024
SENATE SPONSORSHIP
Priola and Hansen,
HOUSE SPONSORSHIP
Mauro and Froelich,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. the consumer a waste tire fee (fee) that is then collected by the department
of public health and environment (department) and distributed into 2
separate cash funds:
! The waste tire administration, enforcement, market
development, and cleanup fund; and
! The end users fund.
The department uses the money in the waste tire administration,
enforcement, market development, and cleanup fund for various purposes
related to waste tire recycling and management. The department uses the
money in the end users fund to issue rebates to end users of waste tires.
The bill shifts the following responsibilities from the department
to the enterprise:
! Collecting the fee;
! Managing the waste tire administration, enforcement,
market development, and cleanup fund and the end users
fund;
! Issuing rebates to end users; and
! In conjunction with the solid and hazardous waste
commission, overseeing the activities of waste tire haulers,
waste tire generators, waste tire collection facilities, waste
tire processors, mobile processors, waste tire monofills, end
users, and used tire management.
The bill extends the amount of time that the fee may be collected,
from December 31, 2025, until December 31, 2040.
The enterprise is operated by a board of directors appointed by the
executive director of the department. The enterprise's primary duties and
functions are to:
! Collect the fee;
! Promote waste tire recycling and management strategies for
Colorado;
! Issue revenue bonds;
! Publish waste tire recycling and management strategies
online; and
! Engage the services of contractors, consultants, or legal
counsel to provide professional and technical assistance
related to the conduct of the enterprise.
Because the enterprise is a government-owned business, the
revenue generated by the enterprise is not subject to section 20 of article
X of the state constitution.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 30-20-1401, amend2
123-2- (1) and (2) as follows:1
30-20-1401. Legislative declaration - rules - enforcement -2
recyclable material. (1) The general assembly hereby finds and declares3
that:4
(a) In order to protect the environment and the public health, there5
is a special need to address problems created by the disposal of waste tires6
and the lack of recycling and beneficial use REUSE of waste tires; It is the7
policy of this state to pursue proposals for recycling and other beneficial8
use of waste tires in lieu of storage or landfill disposal, and, in addition,9
it is the intent of the general assembly10
(b) In adopting this part 14, to encourage THE GENERAL ASSEMBLY11
HAS ENCOURAGED the development of techniques for resource recovery,12
recycling, and reuse of waste tires; and to provide for the management of13
waste tires. HOWEVER, THERE IS STILL ROOM FOR IMPROVEMENT14
REGARDING THE MANAGEMENT OF WASTE TIRES IN COLORADO;15
(c) T
HE MANAGEMENT OF WASTE TIRES AT THE STATE LEVEL16
PROMOTES ECONOMIC DEVELOPMENT AND PROVIDES SUBSTANTIAL17
ENVIRONMENTAL IMPACTS ACROSS THE STATE ;18
(d) I
T IS IN THE STATE'S INTEREST TO PROVIDE FOR THE RECOVERY,19
RECYCLING, REUSE, AND MANAGEMENT OF WASTE TIRES THROUGH A20
GOVERNMENT-RUN ENTERPRISE;21
(e) P
ROVIDING STATEWIDE WASTE TIRE RECYCLING , BENEFICIAL
22
REUSE, AND MANAGEMENT CONSTITUTES A VALUABLE SERVICE AND23
BENEFIT, AND A WASTE TIRE MANAGEMENT ENTERPRISE WOULD PROVIDE24
USEFUL BUSINESS SERVICES TO TIRE RETAILERS , AUTOMOBILE DEALERS,25
AUTOMOBILE REPAIR SHOPS , SERVICE STATIONS, AUTOMOTIVE FLEET26
CENTERS, WASTE TIRE HAULERS, WASTE TIRE COLLECTION FACILITIES,27
123
-3- WASTE TIRE PROCESSORS, RECYCLING AND WASTE FACILITIES, LANDFILLS,1
CONSUMERS, AND ALL RESIDENTS OF COLORADO;2
(f) T
HE WASTE TIRE MANAGEMENT ENTERPRISE WILL AID IN THE
3
PROPER MANAGEMENT OF WASTE TIRES BY PROVIDING FINANCIAL4
INCENTIVES AND REBATES FOR THE RECYCLING OF WASTE TIRES INTO5
END-USE TIRE-DERIVED PRODUCTS, WHICH FINANCIAL INCENTIVES AND6
REBATES DIRECTLY COMPENSATE PEOPLE WHO PROPERLY DISPOSE OF OR7
RECYCLE WASTE TIRES, PROVIDE FEE PAYERS MORE CONVENIENT WASTE8
TIRE AND DISPOSAL OPTIONS, INCREASE THE PRODUCTION OF TIRE-DERIVED9
PRODUCTS, AND POSITIVELY IMPACT HUMAN HEALTH AND SAFETY AND10
THE ENVIRONMENT;11
(g) IT IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF12
THE STATE TO ACKNOWLEDGE THAT , BY PROVIDING THE BUSINESS13
SERVICES SPECIFIED IN THIS PART 14, THE ENTERPRISE ENGAGES IN AN14
ACTIVITY CONDUCTED IN THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD15
AND THEREFORE OPERATES AS A BUSINESS ;16
(h) CONSISTENT WITH THE DETERMINATION OF THE COLORADO17
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89618
P.2d 859
(COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS19
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE20
X
OF THE STATE CONSTITUTION, IT IS THE CONCLUSION OF THE GENERAL21
ASSEMBLY THAT THE WASTE TIRE ENTERPRISE FEE
COLLECTED BY THE22
ENTERPRISE IS A FEE, NOT A TAX, BECAUSE THE FEE IS IMPOSED FOR THE23
SPECIFIC PURPOSE OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS24
OF PROVIDING THE BUSINESS SERVICES SPECIFIED IN SECTIONS 30-20-140425
AND 30-20-1405 TO CONSUMERS WHO ULTIMATELY PAY THE ENTERPRISE26
FEE, WHICH ENTERPRISE FEE IS IMPOSED AT RATES THAT ARE REASONABLY27
123
-4- CALCULATED BASED ON THE COST OF PROVIDING THE SERVICES NEEDED BY1
THOSE CONSUMERS;2
(i) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR3
THE PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION,4
THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE COLLECTED BY THE5
ENTERPRISE IS NOT STATE FISCAL YEAR SPENDING, AS DEFINED IN SECTION6
24-77-102
(17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.67
(6)(c),
AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR8
SPENDING LIMIT IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE9
CONSTITUTION OR THE EXCESS STATE REVENUES CAP , AS DEFINED IN10
SECTION 24-77-103.6 (6)(b)(I); AND11
(j)
THE ENTERPRISE CREATED IN THIS PART 14 IS NECESSARY TO12
CONTINUE COLORADO'S MANAGEMENT OF WASTE TIRES AND PROVIDE13
INCENTIVES TO LOCAL GOVERNMENTS ; FOR-PROFIT WASTE TIRE14
MANAGEMENT, RECYCLING, AND REUSE COMPANIES ; AND OTHER15
ORGANIZATIONS THAT ARE INVOLVED IN WASTE TIRE RECYCLING ,16
BENEFICIAL REUSE, AND MANAGEMENT.17
(2) (a) By May 31, 2015, The commission, IN CONSULTATION18
WITH THE ENTERPRISE, shall promulgate rules for the implementation and19
enforcement of this part 14. Until the commission promulgates rules to20
implement and enforce this part 14, the commission's rules in effect on21
July 1, 2014, governing waste tires continue to apply to the extent that22
they do not conflict with this part 14 SECTIONS 30-20-1403, 30-20-1404,23
AND 30-20-1405, AS APPLICABLE.24
(b) T
HE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT ,
25
SHALL PROMULGATE RULES FOR THE IMPLEMENTATION AND ENFORCEMENT26
OF SECTIONS 30-20-1403 AND 30-20-1405.5 AND OTHER SECTIONS OF THIS27
123
-5- PART 14, AS APPLICABLE.1
SECTION 2. In Colorado Revised Statutes, 30-20-1402, add2
(1.7), (4.5), (12.5), and (14.5) as follows:3
30-20-1402. Definitions. As used in this part 14, unless the4
context otherwise requires:5
(1.7) "B
OARD OF DIRECTORS" OR "BOARD" MEANS THE BOARD OF6
DIRECTORS OF THE ENTERPRISE.7
(4.5) "E
NTERPRISE" MEANS THE WASTE TIRE MANAGEMENT8
ENTERPRISE CREATED IN SECTION 30-20-1403.9
(12.5) "W
ASTE TIRE ADMINISTRATION FEE" OR "ADMINISTRATION
10
FEE" MEANS MONEY COLLECTED PURSUANT TO SECTION 30-20-140311
(2.5)(b).12
(14.5) "W
ASTE TIRE ENTERPRISE FEE" OR "ENTERPRISE FEE" MEANS
13
MONEY COLLECTED PURSUANT TO SECTION 30-20-1403 (2.5)(a).14
SECTION 3. In Colorado Revised Statutes, 30-20-1403, add15
(1)(c), (1.5), (2)(c), (2.5), and (3) as follows:16
30-20-1403. Waste tire recycling, beneficial reuse, and17
management - waste tire fees - distribution - rules. (1) (c) T
HIS
18
SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2025.19
(1.5) Enterprise. (a) (I) T
HERE IS CREATED IN THE DEPARTMENT
20
THE WASTE TIRE MANAGEMENT ENTERPRISE . THE ENTERPRISE IS AND21
OPERATES AS A GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT22
TO COLLECT THE WASTE TIRE ENTERPRISE FEE CHARGED BY RETAILERS OF23
NEW TIRES PURSUANT TO SUBSECTION (2.5) OF THIS SECTION AND TO USE24
THE WASTE TIRE ENTERPRISE FEE TO PROMOTE WASTE TIRE RECYCLING ,25
BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN COLORADO.26
(II) T
HE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED27
123
-6- BUSINESS WITHIN THE DEPARTMENT FOR THE PURPOSE OF CONDUCTING1
THE BUSINESS ACTIVITIES SPECIFIED IN THIS SECTION. THE ENTERPRISE IS2
A TYPE 1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS3
POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE4
DEPARTMENT.5
(III) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES6
OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT7
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS8
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL9
C
OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT10
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (1.5)(a),
11
THE ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE12
STATE CONSTITUTION.13
(IV) T
HE REPEAL OF THE WASTE TIRE FEE , AS IT EXISTED
14
PURSUANT TO SUBSECTION (1) OF THIS SECTION, PRIOR TO ITS REPEAL IN15
2025,
AND THE CREATION OF THE WASTE TIRE MANAGEMENT ENTERPRISE
16
AS A NEW ENTERPRISE TO CHARGE AND COLLECT A NEW WASTE TIRE17
ENTERPRISE FEE AS AUTHORIZED BY SUBSECTION (2.5) OF THIS SECTION18
AND TO PROVIDE AND PROMOTE WASTE TIRE RECYCLING , BENEFICIAL19
REUSE, AND MANAGEMENT STRATEGIES AND SERVICES FUNDED BY THE20
WASTE TIRE ENTERPRISE FEE AS A NEW GOVERNMENT -OWNED BUSINESS21
THAT PROVIDES BUSINESS SERVICES AS A NEW ENTERPRISE FOR THE22
PURPOSE OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION, DOES23
NOT CONSTITUTE THE QUALIFICATION OF AN EXISTING24
GOVERNMENT-OWNED BUSINESS AS AN ENTERPRISE FOR THE PURPOSES OF25
SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR SECTION26
24-77-103.6 (6)(b)(II),
AND, THEREFORE, DOES NOT REQUIRE OR
27
123
-7- AUTHORIZE ADJUSTMENT OF THE STATE FISCAL YEAR SPENDING LIMIT1
CALCULATED PURSUANT TO SECTION 20 OF ARTICLE X OF THE STATE2
CONSTITUTION OR THE EXCESS STATE REVENUES CAP , AS DEFINED IN3
SECTION 24-77-103.6 (6)(b)(I).4
(V) T
HE ENTERPRISE IS NECESSARY FOR THE PRESERVATION OF THE
5
PUBLIC PEACE, HEALTH, AND SAFETY AND IS THEREFORE NOT SUBJECT TO6
THE REQUIREMENTS OF SECTION 24-77-108.7
(b) T
HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :8
(I) C
OLLECT THE WASTE TIRE ENTERPRISE FEE
;9
(II) P
ROMOTE WASTE TIRE RECYCLING , BENEFICIAL REUSE,
AND10
MANAGEMENT STRATEGIES THROUGHOUT COLORADO;11
(III) I
SSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF THE12
ENTERPRISE TO PROMOTE THE WASTE TIRE RECYCLING , BENEFICIAL REUSE,
13
AND MANAGEMENT STRATEGIES SPECIFIED IN THIS SECTION ;14
(IV) P
UBLISH EACH YEAR, ON THE DEPARTMENT'S WEBSITE AND AS15
OTHERWISE DEEMED APPROPRIATE BY THE BOARD , THE WASTE TIRE16
RECYCLING, BENEFICIAL REUSE,
AND MANAGEMENT STRATEGIES THAT THE17
BOARD HAS PRIORITIZED THROUGH THE COLLECTION OF THE WASTE TIRE18
ENTERPRISE FEE;19
(V) A
DOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION OF20
THE ENTERPRISE'S AFFAIRS AND THE C ONDUCT OF THE ENTERPRISE 'S21
BUSINESS CONSISTENT WITH THIS PART 14;
22
(VI) (A) C
ONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY ,
23
INCLUDING STATE AGENCIES , CONSULTANTS, AND THE ATTORNEY24
GENERAL'S OFFICE, FOR PROFESSIONAL AND TECHNICAL ASSISTANCE ,25
OFFICE SPACE AND ADMINISTRATIVE SERVICES , ADVICE, AND OTHER26
SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE .27
123
-8- THE BOARD SHALL ENCOURAGE DIVERSITY IN APPLICANTS FOR CONTRACTS1
AND SHALL GENERALLY AVOID USING SINGLE -SOURCE BIDS.2
(B) T
HE ENTERPRISE SHALL PAY A FAIR MARKET RATE TO ANY
3
PUBLIC ENTITY, PRIVATE ENTITY, CONTRACTOR, OR CONSULTANT, WHICH4
MAY INCLUDE A STATE AGENCY , THE ATTORNEY GENERAL 'S OFFICE, OR5
THE DEPARTMENT, THAT IS HIRED BY THE ENTERPRISE TO PERFORM DUTIES6
PURSUANT TO THIS SUBSECTION (1.5)(b); AND7
(VII) P
REPARE AND ADOPT AN ANNUAL BUDGET PURSUANT TO
8
SUBSECTION (1)(h) OF THIS SECTION.9
(c) T
HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS . THE10
BOARD CONSISTS OF THE FOLLOWING NINE MEMBERS :11
(I) T
WO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF12
THE DEPARTMENT TO REPRESENT THE DEPARTMENT , INCLUDING ONE WITH13
EXPERTISE IN SUSTAINABILITY AND ONE WITH EXPERTISE IN COMPLIANCE ;14
(II) O
NE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE15
DEPARTMENT WHO REPRESENTS A COUNTY THAT HAS EXPERIENCE WITH
16
THE MANAGEMENT OF WASTE TIRES; AND17
(III) S
IX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF18
THE DEPARTMENT WHO ARE REPRESENTATIVES OF NONPROFIT AND19
FOR-PROFIT ENTITIES ENGAGED IN THE RECOVERY , RECYCLING, REUSE,20
AND MANAGEMENT OF WASTE TIRES , INCLUDING A TIRE RETAILER, A21
WASTE TIRE COLLECTION FACILITY , A WASTE TIRE PROCESSOR, AND
A22
WASTE TIRE HAULER. TO THE EXTENT PRACTICABLE, THE REPRESENTATION23
OF NONPROFIT AND FOR-PROFIT ENTITIES MUST BE BALANCED EQUALLY .24
(d) O
F THE MEMBERS APPOINTED TO THE BOARD OF DIRECTORS25
PURSUANT TO SUBSECTION (1.5)(c)(III)
OF THIS SECTION, AT LEAST ONE26
MEMBER MUST DO BUSINESS IN A RURAL COUNTY IN THE STATE .27
123
-9- (e) (I) THE MEMBER REPRESENTING THE DEPARTMENT WHO HAS1
EXPERTISE IN SUSTAINABILITY AND IS APPOINTED PURSUANT TO2
SUBSECTION (1.5)(c)(I) OF THIS SECTION SHALL CALL THE FIRST MEETING3
OF THE BOARD.4
(II) T
HE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS5
TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS .6
(III) T
HE BOARD SHALL MEET QUARTERLY , AND THE CHAIR OF THE7
BOARD MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE BOARD8
TO COMPLETE ITS DUTIES.9
(IV) T
HE TERM OF OFFICE FOR A BOARD MEMBER IS THREE YEARS ;10
EXCEPT THAT FOUR OF THE SIX MEMBERS APPOINTED PURSUANT TO11
SUBSECTION (1.5)(c)(III)
OF THIS SECTION SERVE INITIAL TERMS OF TWO12
YEARS. A BOARD MEMBER MAY SERVE UNLIMITED TERMS .13
(f) (I) A
MEMBER OF THE BOARD OF DIRECTORS , EXCEPT FOR14
MEMBERS APPOINTED PURSUANT TO SUBSECTIONS (1.5)(c)(I) AND
15
(1.5)(c)(II) OF THIS SECTION, MAY RECEIVE A PER DIEM STIPEND WHILE ON16
OFFICIAL ENTERPRISE BUSINESS.17
(II) T
HE PER DIEM STIPEND SHALL BE AT LEAST EQUAL TO THE18
C
OLORADO STATE EMPLOYEE PER DIEM FOR INTRA -STATE TRAVEL AS19
ESTABLISHED BY THE DEPARTMENT OF PERSONNEL .20
(III) A
LL MEMBERS OF THE BOARD OF DIRECTORS MAY RECEIVE21
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED22
WHILE ON OFFICIAL ENTERPRISE BUSINESS.23
(IV) T
HE ENTERPRISE MAY USE MONEY IN THE WASTE TIRE24
MANAGEMENT ENTERPRISE FUND , CREATED IN SECTION 30-20-1404, TO25
PAY THE PER DIEM STIPEND TO A BOARD MEMBER AND TO REIMBURSE A26
BOARD MEMBER FOR ACTUAL AND NECESSARY EXPENSES INCURRED AS27
123
-10- PART OF THE ENTERPRISE'S OPERATING EXPENSES.1
(g) T
HE DEPARTMENT SHALL PROVIDE OFFICE SPACE AND2
ADMINISTRATIVE STAFF TO THE ENTERPRISE, IF REQUESTED BY THE BOARD.3
I
N ACCORDANCE WITH SUBSECTION (1.5)(b)(VI)(B) OF THIS SECTION, THE
4
ENTERPRISE SHALL PAY THE DEPARTMENT A FAIR MARKET RATE FOR ANY5
OFFICE SPACE OR ADMINISTRATIVE STAFF USED BY THE BOARD IN6
PERFORMANCE OF THE ENTERPRISE 'S DUTIES.7
(h) (I) T
HE DEPARTMENT MAY TRANSFER MONEY FROM ANY
8
LEGALLY AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF9
DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES10
FEE REVENUE. THE ENTERPRISE MAY ACCEPT AND EXPEND ANY MONEY SO11
TRANSFERRED, AND, NOTWITHSTANDING ANY STATE FISCAL RULE OR12
GENERALLY ACCEPTED ACCOUNTING PRINCIPLE THAT COULD OTHERWISE13
BE INTERPRETED TO REQUIRE A CONTRARY CONCLUSION , SUCH A14
TRANSFER IS A LOAN FROM THE DEPARTMENT TO THE ENTERPRISE THAT IS15
REQUIRED TO BE REPAID AND IS NOT A GRANT FOR PURPOSES OF SECTION16
20 (2)(d)
OF ARTICLE X OF THE STATE CONSTITUTION OR AS DEFINED IN
17
SECTION 24-77-102 (7).18
(II)
ALL MONEY TRANSFERRED AS A LOAN TO THE ENTERPRISE
19
MUST BE CREDITED TO THE WASTE TIRE ADMINISTRATION , ENFORCEMENT,20
MARKET DEVELOPMENT , AND CLEANUP FUND , CREATED IN SECTION21
30-20-1404 (1)(a). L
OAN LIABILITIES THAT ARE RECORDED IN THE WASTE
22
TIRE ADMINISTRATION, ENFORCEMENT, MARKET DEVELOPMENT , AND23
CLEANUP FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT24
STATE FISCAL YEAR SHALL NOT BE CONSIDERED WHEN CALCULATING25
SUFFICIENT STATUTORY FUND BALANCE FOR PURPOSES OF SECTION26
24-75-109.27
123
-11- (III) AS THE ENTERPRISE RECEIVES SUFFICIENT REVENUE IN EXCESS1
OF EXPENSES, IT SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL2
AMOUNT OF ANY LOAN MADE BY THE DEPARTMENT , PLUS INTEREST AT A3
RATE AGREED UPON BY THE DEPARTMENT AND THE ENTERPRISE .4
(i) (I) T
O ENSURE TRANSPARENCY AND ACCOUNTABILITY , THE
5
ENTERPRISE SHALL PREPARE AND ADOPT AN ANNUAL BUDGET FOR EACH6
FISCAL YEAR IN ACCORDANCE WITH THE REQUIREMENTS OF PART 1 OF7
ARTICLE 1 OF TITLE 29 AS IF THE ENTERPRISE WERE A LOCAL8
GOVERNMENT.9
(II) T
HE ENTERPRISE SHALL PROVIDE A COPY OF THE ADOPTED
10
BUDGET TO LEGISLATIVE COUNCIL STAFF AND THE JOINT BUDGET11
COMMITTEE OF THE GENERAL ASSEMBLY NO LATER THAN THIRTY DAYS12
AFTER THE ENTERPRISE ADOPTS ITS ANNUAL BUDGET .13
(III) T
HE ENTERPRISE SHALL POST A COPY OF THE ENTERPRISE 'S
14
ADOPTED BUDGET ON THE ENTERPRISE 'S PUBLIC WEBSITE.15
(2) (c) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.
16
(2.5) Waste tire enterprise fee and waste tire administration17
fee. (a) (I) E
FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR
VEHICLE18
TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE ENTERPRISE19
FEE IN AN AMOUNT TO BE SET BY THE ENTERPRISE, IN COORDINATION WITH20
THE COMMISSION. THE WASTE TIRE ENTERPRISE FEE AMOUNT MUST NOT21
EXCEED TWO DOLLARS AND FIFTY CENTS ON THE SALE OF EACH NEW TIRE.22
T
HE MAXIMUM PER TIRE ENTERPRISE FEE AMOUNT MAY BE ADJUSTED BY
23
THE ENTERPRISE EVERY TWO YEARS IN ACCORDANCE WITH ANY ANNUAL24
PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S25
BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE26
D
ENVER-AURORA-LAKEWOOD METROPOLITAN AREA FOR ALL ITEMS PAID
27
123
-12- BY ALL URBAN CONSUMERS , OR ITS APPLICABLE SUCCESSOR INDEX.1
(II) E
FFECTIVE JULY
1, 2025, THE BOARD OF DIRECTORS MAY2
REVIEW THE WASTE TIRE ENTERPRISE FEE ON AN ANNUAL BASIS AND, IN3
ACCORDANCE WITH THE FEE AMOUNT LIMIT SET FORTH IN SUBSECTION4
(2.5)(a)(I) OF THIS SECTION, ADJUST THE WASTE TIRE FEE AMOUNT SO5
THAT THE WASTE TIRE ENTERPRISE FEE IS IMPOSED IN AN AMOUNT THAT6
IS:7
(A) R
EASONABLY RELATED TO THE DIRECT AND INDIRECT COSTS
8
OF OPERATING THE ENTERPRISE IN ACCORDANCE WITH THIS PART 14 AND9
THE SERVICES PROVIDED BY THE ENTERPRISE , WHICH COSTS MUST NOT10
EXCEED THE EQUIVALENT OF ONE -HALF OF THE WASTE TIRE ENTERPRISE11
FEE COLLECTED FOR EACH NEW TIRE SOLD PURSUANT TO THIS SUBSECTION12
(2.5);13
(B) S
UFFICIENT TO PAY COSTS ASSOCIATED WITH PROVIDING
14
REBATES AS DESCRIBED IN SECTION 30-20-1405; AND15
(C) S
UFFICIENT TO PROVIDE GRANTS TO ELIGIBLE ENTITIES
16
PURSUANT TO THE WASTE TIRE MANAGEMENT GRANT PROGRAM17
ESTABLISHED IN SECTION 30-20-1418.18
(b) (I) E
FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR
19
VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE20
ADMINISTRATION FEE IN AN AMOUNT TO BE SET BY THE COMMISSION , IN21
COORDINATION WITH THE DEPARTMENT .22
(II) T
HE COMMISSION MAY REVIEW THE WASTE TIRE
23
ADMINISTRATION FEE ON AN ANNUAL BASIS AND ADJUST THE24
ADMINISTRATION FEE AMOUNT SO THAT IT COVERS THE DIRECT AND25
INDIRECT COSTS OF CONDUCTING THE REGULATORY AND ADMINISTRATIVE26
FUNCTIONS OF THE DEPARTMENT IN IMPLEMENTING THIS PART 14.27
123
-13- (III) THE WASTE TIRE ADMINISTRATION FEE AMOUNT MUST NOT1
EXCEED HALF OF THE AMOUNT OF THE WASTE TIRE ENTERPRISE FEE ;2
EXCEPT THAT THE MINIMUM AMOUNT OF THE WASTE TIRE3
ADMINISTRATION FEE ON THE SALE OF EACH NEW TIRE MUST BE FIFTY4
CENTS OR MORE.5
(c) (I) O
N AND AFTER JULY 1, 2025, RETAILERS OF NEW MOTOR
6
VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT BOTH THE7
ENTERPRISE FEE AND THE ADMINISTRATION FEE FROM THE CONSUMER AT8
THE POINT OF SALE.9
(II) T
HE RECEIPT FROM THE RETAILER TO THE CONSUMER FOR
10
EVERY NEW MOTOR VEHICLE OR NEW TRAILER TIRE PURCHASED MUST11
CONTAIN THE FOLLOWING STATEMENT IN THE LARGEST BOLD -FACED TYPE12
CAPABLE BASED ON POINT-OF-SALE SOFTWARE AND ON EXISTING INVOICE13
PRINTERS, NOT TO EXCEED FIFTEEN POINTS : "SECTION 30-20-1403,14
C
OLORADO REVISED STATUTES, REQUIRES RETAILERS TO COLLECT A
15
WASTE TIRE ENTERPRISE FEE SET BY THE WASTE TIRE MANAGEMENT16
ENTERPRISE, WHICH IS A GOVERNMENT-OWNED BUSINESS WITHIN THE17
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , AND A WASTE18
TIRE ADMINISTRATION FEE SET BY THE SOLID AND HAZARDOUS WASTE19
COMMISSION ON THE SALE OF EACH NEW MOTOR VEHICLE TIRE AND20
EACH NEW TRAILER TIRE."21
(III) T
HE RETAILER SHALL SUBMIT TO THE ENTERPRISE BY THE
22
TWENTIETH DAY OF EACH QUARTER OF EACH CALE NDAR YEAR THE23
ENTERPRISE FEE COLLECTED PURSUANT TO THIS SECTION IN THE24
PRECEDING QUARTER OF THE CALE NDAR YEAR , TOGETHER WITH ANY25
REPORT REQUIRED BY THE ENTERPRISE. THE ENTERPRISE SHALL TRANSMIT26
THE ENTERPRISE FEES TO THE STATE TREASURER , WHO SHALL CREDIT27
123
-14- THEM IN ACCORDANCE WITH SUBSECTION (3)(a) OF THIS SECTION OR AS1
SPECIFIED IN RULES PROMULGATED BY THE COMMISSION .2
(IV) T
HE RETAILER SHALL SUBMIT TO THE DEPARTMENT BY THE
3
TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE4
ADMINISTRATION FEE COLLECTED PURSUANT TO THIS SECTION IN THE5
PRECEDING QUARTER OF THE CALENDAR YEAR , TOGETHER WITH ANY6
REPORT REQUIRED BY THE DEPARTMENT . THE DEPARTMENT SHALL7
TRANSMIT THE ADMINISTRATION FEES TO THE STATE TREASURER , WHO8
SHALL CREDIT THEM IN ACCORDANCE WITH SUBSECTION (3)(b) OF THIS9
SECTION OR AS SPECIFIED IN RULES PROMULGATED BY THE COMMISSION .10
(3) (a) B
EGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL
11
DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE12
ASSESSED IN SUBSECTION (2.5)(a) OF THIS SECTION AS FOLLOWS:13
(I) T
HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER
14
THE COSTS DESCRIBED IN SUBSECTION (2.5)(a)(II)(A) OF THIS SECTION TO15
THE WASTE TIRE MANAGEMENT ENTERPRISE FUND CREATED IN SECTION16
30-20-1404;17
(II) T
HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER
18
THE COSTS DESCRIBED IN SUBSECTION (2.5)(a)(II)(B) OF THIS SECTION TO19
THE END USERS FUND CREATED IN SECTION 30-20-1405;20
(III) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
21
WASTE TIRE MANAGEMENT ENTERPRISE FUND TO THE WASTE TIRE22
MANAGEMENT ENTERPRISE FUND . ANY UNEXPENDED AND UNENCUMBERED23
MONEY IN THE WASTE TIRE MANAGEMENT ENTERPRISE FUND AT THE END24
OF ANY FISCAL YEAR SHALL REMAIN IN THE WASTE TIRE MANAGEMENT25
ENTERPRISE FUND.26
(IV) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
27
123
-15- END USERS FUND TO THE END USERS FUND . ANY UNEXPENDED AND1
UNENCUMBERED MONEY IN THE END USERS FUND AT THE END OF ANY2
FISCAL YEAR SHALL REMAIN IN THE END USERS FUND .3
(b) (I) B
EGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL
4
DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ADMINISTRATION FEE5
ASSESSED IN SUBSECTION (2.5)(b) OF THIS SECTION TO THE WASTE TIRE6
ADMINISTRATION FUND CREATED IN SECTION 30-20-1405.5.7
(II) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
8
WASTE TIRE ADMINISTRATION FUND SHALL BE CREDITED TO THE WASTE9
TIRE ADMINISTRATION FUND. ANY UNEXPENDED AND UNENCUMBERED10
MONEY IN THE WASTE TIRE ADMINISTRATION FUND IN EXCESS OF SIXTEEN11
AND ONE-HALF PERCENT OF THE PREVIOUS STATE FISCAL YEAR 'S12
EXPENDITURES AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE13
WASTE TIRE ADMINISTRATION FUND .14
15
SECTION 4. In Colorado Revised Statutes, 30-20-1404, amend16
(1), (2) introductory portion, (2)(a), (2)(o), (5), (6), and (7); repeal17
(2)(b), (2)(c), (2)(d), (2)(i), (2)(j), (2)(k), (2)(l), (2)(p), (3), (4), and (8);18
and add (2)(q), (2)(r), (2)(s), (2)(t), and (2)(u) as follows:19
30-20-1404. Waste tire management enterprise fund - creation20
- rules. (1) (a) There is hereby created in the state treasury the waste tire21
administration, enforcement, market development, and cleanup22
MANAGEMENT ENTERPRISE fund, referred to in this section as the "fund",23
consisting of the fee revenue credited pursuant to section 30-20-140324
(2.5)(a) and any other money appropriated OR TRANSFERRED to it. The25
general assembly shall annually appropriate the money in the fund to the26
department for its direct and indirect administrative and enforcement27
123
-16- costs in administering and enforcing this part 14 MONEY CREDITED TO1
THE FUND IS CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE2
PURPOSES SET FORTH IN THIS SECTION AND TO PAY THE ENTERPRISE'S3
REASONABLE AND NECESSARY OPERATING EXPENSES .4
(b) The state treasurer shall credit all interest earned on the5
investment of money in the fund to the fund. Any unexpended and6
unencumbered money in the fund in excess of sixteen and one-half7
percent of the previous fiscal year's expenditures at the end of any fiscal8
year shall be credited: REMAIN IN THE FUND.9
(a) Through December 31, 2025, to the end users fund created in10
section 30-20-1405; and11
(b) On and after January 1, 2026, to the general fund.12
(2) The department shall ENTERPRISE MAY, IN CONSULTATION13
WITH THE DEPARTMENT, use the money in the fund for:14
(a) Collecting the
WASTE TIRE ENTERPRISE fee assessed in section
15
30-20-1403 (1) (2.5)(a);16
(b) Inspecting retailers to determine whether all fees are being17
collected;18
(c) Enforcing the requirements of this part 14 pursuant to existing19
authority, including sections 30-20-113 and 30-20-114;20
(d) Developing a system to address the receipt by registered21
persons of unmanifested waste tires from unregistered haulers;22
(i) Providing grants to law enforcement, fire departments, local23
health departments, state agencies, and any other applicable entities for24
purchasing equipment and supplies to implement this part 14;25
(j) Training of and enforcement by entities that enforce this part26
14;27
123
-17- (k) Awarding grants and developing educational programs for1
enforcement, fire prevention and suppression, proper waste tire2
management and disposal, training, and customer technical assistance;3
(l) Maintaining an online complaint form and processes for law4
enforcement, fire departments, and citizens to report potential waste tire5
violations;6
(o) Encouraging waste tire market development; and7
(p) Reimbursing the division of fire prevention and control in the8
department of public safety for:9
(I) Inspections of facilities where waste tires are present10
conducted by the division to determine whether the waste tire collection11
facilities, waste tire processors, and waste tire monofills are in12
compliance with the rules promulgated by the director of the division13
pursuant to section 24-33.5-1203.5 (2); and14
(II) Technical and other assistance the division provides to the15
department or the public related to waste tires, including assistance16
related to:17
(A) The development of fire prevention education materials; and18
(B) Review of fire prevention plans.19
(q) T
HE PAYMENT OF ANY BONDS ISSUED PURS UANT TO SECTION20
30-20-1403 (1.5)(b);
21
(r) R
EIMBURSEMENT OF ANY CONTRACTORS USED
FOR CLEANUP22
AND REMEDIATION ACTIVITIES ENGAGED IN PURSUANT TO SUBSECTIONS23
(2)(f)
AND (2)(g)
OF THIS SECTION;24
(s) T
HE PAYMENT OF PER DIEM AND THE REIMBURSEMENT OF25
ACTUAL AND NECESSARY EXPENSES FOR BOARD MEMBERS WHILE ON26
OFFICIAL ENTERPRISE BUSINESS;
27
123
-18- (t) FUNDING GRANTS IN ACCORDANCE WITH THE WASTE TIRE1
MANAGEMENT GRANT PROGRAM ESTABLISHED IN SECTION 30-20-1418;2
AND3
(u) ANY OTHER ACTIVITY NECESSARY TO IMPLEMENT SECTION4
30-20-1403, AS DETERMINED BY THE BOARD OF DIRECTORS .5
(3) If the department is denied access or if consent to access has6
not been given to clean up a site where the department reasonably7
believes waste tires exist illegally, the department may obtain from the8
district court for the judicial district in which the property is located a9
warrant to enter the property and remove the waste tires.10
(4) (a) In addition to any penalties assessed, the department may11
issue an order requiring the owner or operator to compensate the12
department for the cost of remediation of the site, and the department may13
request the attorney general to bring suit for compensation from the14
owner or operator for money expended remediating the site. The15
department shall use the recovered moneys to reimburse the fund for16
actual costs of remediating the site and of seeking compensation pursuant17
to this section. The state treasurer shall credit all additional moneys to the18
general fund.19
(b) The department may place a lien on a property on which the20
department funds the remediation of waste tires pursuant to this section21
until the costs of remediation have been repaid to the department. If22
complete repayment has not been made before a sale of the property, the23
department shall be repaid in full, to the extent possible, from proceeds24
of the sale.25
(5) (a) In providing assistance pursuant to this section, the26
department ENTERPRISE shall give primary consideration to protection of27
123
-19- public health and the environment.1
(b) In awarding contracts for services pursuant to this section, the2
department ENTERPRISE may give preferential bidding treatment to3
individuals or entities that will recycle, pursuant to rules of the4
department concerning recycling, and reuse, rather than dispose of, the5
waste tires.6
(6) The department ENTERPRISE shall, either itself or through a7
contractor, create a priority abatement list of illegal waste tire disposal8
sites.9
(7) The
ENTERPRISE, IN COORDINATION WITH THE department and10
the department of transportation, shall coordinate with one another to
11
systematically investigate and research the use of tire-derived aggregates12
in technically feasible and economically viable civil applications13
associated with the department of transportation's roadway mission. The14
department shall include any findings regarding tire-derived aggregates,15
as appropriate, in the department's annual report to the general assembly.16
(8) Notwithstanding any other provision of this section, on June17
30, 2020, the state treasurer shall transfer five million three hundred18
seventy-two thousand four hundred fifteen dollars from the fund to the19
general fund.20
SECTION 5. In Colorado Revised Statutes, 30-20-1405, amend21
(1), (2)(a) introductory portion, (3), (4)(a), (4)(b) introductory portion, (5)22
introductory portion, (5)(c) introductory portion, (5)(d), (5)(e)23
introductory portion, (5)(e)(I), (6) introductory portion, (6)(b)(II), (7), (8)24
introductory portion, (9), and (10); and repeal (1.5) as follows:25
30-20-1405. End users fund - creation - quarterly rebates -26
rules - repeal. (1) (a) There is hereby created in the state treasury the end27
123
-20- users fund, referred to in this section as the "fund", consisting of the fee1
revenue credited pursuant to section 30-20-1403 (2)(a)(II) 30-20-14032
(3)(a)(II).3
(b) The state treasurer shall credit all interest and any other return4
on the investment of money in the fund to the fund. The fund is subject5
to annual appropriation by the general assembly to the department for the6
purposes specified in this section MONEY CREDITED TO THE FUND IS7
CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET8
FORTH IN THIS SECTION.9
(1.5) Notwithstanding any other provision of this section, on June10
30, 2020, the state treasurer shall transfer one million four hundred11
thousand dollars from the fund to the general fund.12
(2) (a) The department ENTERPRISE, IN CONSULTATION WITH THE13
DEPARTMENT, shall use the money in the fund to provide quarterly rebates14
to in-state:15
(3) The rebate is subject to the following conditions:16
(a) The department ENTERPRISE shall pay the rebate amount17
quarterly, on a per-ton basis; and18
(b) Once the department ENTERPRISE has paid a rebate on a19
particular quantity of tire-derived product, every part of that particular20
quantity of tire-derived product is no longer eligible for payment of the21
rebate.22
(4) (a) The commission ENTERPRISE, IN CONSULTATION WITH THE23
COMMISSION, shall annually set the amount of the rebate, by rule, on a24
per-ton basis, and the department ENTERPRISE shall pay the set rebate25
amount for each ton of qualified tire-derived product. The commission26
ENTERPRISE shall calculate the rebate to equal, but not exceed, the amount27
123
-21- of the anticipated income transferred into the fund during each1
succeeding twelve-month period.2
(b) Each year, the department ENTERPRISE shall continue to3
provide the rebate in accordance with the tiered structure set forth in4
subsection (5)(e) of this section until:5
(5) The commission shall promulgate rules governing6
administration of the rebate. which ON AND AFTER THE EFFECTIVE DATE7
OF THIS SECTION, AS AMENDED, THE COMMISSION SHALL CONSULT WITH8
THE ENTERPRISE IN ADOPTING RULES GOVERNING ADMINISTRATION OF THE9
REBATE. THE COMMISSION'S rules must include the following:10
(c) If the balance of the fund is anticipated to be insufficient to11
pay out all of the rebates applied for, a requirement that the department12
ENTERPRISE:13
(d) A requirement that an end user that qualifies for a rebate by14
utilizing waste tires for:15
(I) Alternative daily cover must verify with the department16
ENTERPRISE that the alternative daily cover meets all specification17
standards for all type-B tire-derived aggregate, as established by the18
ASTM standard D6270; and19
(II) Tire-derived aggregate must verify with the department20
ENTERPRISE that the tire-derived aggregate meets all specification21
standards for all type-A
AND TYPE-B
tire-derived aggregate, as established22
by the ASTM standard D6270; and23
(e) Three tiers of rebate amounts that the department ENTERPRISE24
may pay out based on the amount of the waste tire that was used and25
destroyed as follows:26
(I) Tier 1: Full rebates going to crumbed rubber end uses and end27
123
-22- uses that completely destroy the waste tire for the purpose of energy1
recovery or other clean technologies as defined and approved by the2
commission by rule;3
(6) The department ENTERPRISE:4
(b) May deny:5
6
(II) All future rebates pursuant to this section and grants of money7
from the waste tire administration, enforcement, market development, and8
cleanup MANAGEMENT ENTERPRISE fund created in section 30-20-1404 to9
an applicant that knowingly or intentionally provides false information to10
the department ENTERPRISE when applying for a rebate or for a grant of11
money from the waste tire administration, enforcement, market12
development, and cleanup MANAGEMENT ENTERPRISE fund.13
(7) Waste tires obtained from rural counties are eligible for an14
additional rebate amount of twenty-five dollars per ton; however, the15
additional rebate amount must not exceed the rebate amount for tier 316
rebates as determined by the commission by rule pursuant to subsection17
(5)(e)(III) of this section. To qualify for the additional rebate amount set18
forth in this subsection (7), an end user must provide evidence to the19
department ENTERPRISE documenting the county of origin for each waste20
tire.21
(8) The department ENTERPRISE shall require that an end user22
submit an application for a rebate that contains self-certifications23
provided by the end user regarding:24
(9) (a) O
N OR AFTER JANUARY 1, 2026, AND UNTIL DECEMBER 31,25
2041,
the department ENTERPRISE may issue rebates after January 1, 2026,26
only for end uses occurring and rebates applied for on or before27
123
-23- December 31, 2025 PURSUANT TO THIS SECTION.1
(b) The commission,
IN CONSULTATION WITH THE ENTERPRISE ,2
shall repeal any rules concerning the fund and implementation of this3
section once the department
ENTERPRISE has issued the final rebates4
pursuant to subsection (9)(a) of this section.5
(c) On July 1, 2026 JULY 1, 2042, the state treasurer shall transfer6
any money left in the fund to the general fund.7
(10) This section is repealed, effective July 1, 2026 DECEMBER 31,8
2042.9
SECTION 6. In Colorado Revised Statutes, add 30-20-1405.5 as10
follows:11
30-20-1405.5. Waste tire administration fund - creation - clean12
up - reimbursement - penalties - rules. (1) (a) T
HERE IS CREATED IN
13
THE STATE TREASURY THE WASTE TIRE ADMINISTRATION FUND , REFERRED14
TO IN THIS SECTION AS THE "FUND".15
(b) T
HE FUND CONSISTS OF THE WASTE TIRE ADMINISTRATION FEE
16
REVENUE CREDITED TO THE FUND PURSUANT TO SECTION 30-20-140317
(3)(b)
AND ANY OTHER MONEY APPROPRIATED OR TRANSFERRED TO IT .
18
(c) M
ONEY CREDITED TO THE FUND IS CONTINUOUSLY
19
APPROPRIATED TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN20
SUBSECTION (2) OF THIS SECTION.21
(2) T
HE DEPARTMENT MAY USE THE MONEY IN THE FUND FOR THE
22
REASONABLE DIRECT AND INDIRECT COSTS OF CONDUCTING THE23
REGULATORY AND ADMINISTRATIVE FUNCTIONS OF THE DEPARTMENT IN24
IMPLEMENTING THIS PART 14, INCLUDING:25
(a) I
NSPECTING NEW MOTOR VEHICLE TIRE AND NEW TRAILER TIRE
26
RETAILERS TO DETERMINE WHETHER ALL FEES ARE BEING COLLECTED ;27
123
-24- (b) ENFORCING THE REQUIREMENTS OF THIS PART 14 PURSUANT TO1
EXISTING AUTHORITY, INCLUDING SECTIONS 30-20-113 AND 30-20-114;2
(c) D
EVELOPING A SYSTEM TO ADDRESS THE RECEIPT BY
3
REGISTERED PERSONS OF UNMANIFESTED WASTE TIRES FROM4
UNREGISTERED WASTE TIRE HAULERS ;5
(d) M
AINTAINING AN ONLINE COMPLAINT FORM AND PROCESS FOR
6
LAW ENFORCEMENT , FIRE DEPARTMENTS, AND CITIZENS TO REPORT7
POTENTIAL WASTE TIRE VIOLATIONS;8
(e) R
EIMBURSING THE DIVISION OF FIRE PREVENTION AND CONTROL
9
IN THE DEPARTMENT OF PUBLIC SAFETY FOR :10
(I) I
NSPECTIONS OF FACILITIES WHERE WASTE TIRES ARE PRESENT
11
CONDUCTED BY THE DIVISION OF FIRE PREVENTION AND CONTROL TO12
DETERMINE WHETHER THE WASTE TIRE COLLECTION FACILITIES , WASTE13
TIRE PROCESSORS, AND WASTE TIRE MONOFILLS ARE IN COMPLIANCE WITH14
THE RULES PROMULGATED BY THE DIRECTOR OF THE DIVISION PURSUANT15
TO SECTION 24-33.5-1203.5 (2); AND16
(II) T
ECHNICAL AND OTHER ASSISTANCE THE DIVISION OF FIRE
17
PREVENTION AND CONTROL PROVIDES TO THE DEPARTMENT OR THE PUBLIC18
RELATED TO WASTE TIRES, INCLUDING ASSISTANCE RELATED TO:19
(A) T
HE DEVELOPMENT OF FIRE PREVENTION EDUCATION
20
MATERIALS; AND21
(B) R
EVIEW OF FIRE PREVENTION PLANS;
22
(f) R
EGISTERING AND REGULATING WASTE TIRE HAULERS , WASTE
23
TIRE GENERATORS, USED TIRE MANAGERS , WASTE TIRE COLLECTION24
FACILITIES, WASTE TIRE PROCESSORS, MOBILE PROCESSORS, WASTE TIRE25
MONOFILLS, AND END USERS IN ACCORDANCE WITH SECTIONS 30-20-140826
TO 30-20-1417;27
123
-25- (g) PROVIDING GRANTS TO LAW ENFORCEMENT , FIRE1
DEPARTMENTS, LOCAL HEALTH DEPARTMENTS, STATE AGENCIES, AND ANY2
OTHER APPLICABLE ENTITIES FOR PURCHASING EQUIPMENT AND SUPPLIES3
TO IMPLEMENT THIS PART 14;4
(h) T
RAINING OF AND ENFORCEMENT BY ENTITIES THAT ENFORCE
5
THIS PART 14;6
(i) A
WARDING GRANTS AND DEVELOPING EDUCATIONAL
7
PROGRAMS FOR ENFORCEMENT , FIRE PREVENTION AND SUPPRESSION ,8
PROPER WASTE TIRE MANAGEMENT AND DISPOSAL , TRAINING, AND9
CUSTOMER TECHNICAL ASSISTANCE ; AND10
(j) A
NY OTHER REGULATORY OR ADMINISTRATIVE COSTS RELATED
11
TO THE DEPARTMENT'S AUTHORITY AND DUTIES IN IMPLEMENTING THIS12
PART 14.13
(3) I
F THE DEPARTMENT IS DENIED ACCESS OR IF CONSENT TO
14
ACCESS HAS NOT BEEN GIVEN TO CLEAN UP A SITE WHERE THE15
DEPARTMENT REASONABLY BELIEVES WASTE TIRES EXIST ILLEGALLY , THE16
DEPARTMENT MAY OBTAIN FROM THE DISTRICT COURT FOR THE JUDICIAL17
DISTRICT IN WHICH THE PROPERTY IS LOCATED A WARRANT TO ENTER THE18
PROPERTY AND REMOVE THE WASTE TIRES .19
(4) (a) I
N ADDITION TO ANY PENALTIES ASSESSED , THE
20
DEPARTMENT MAY ISSUE AN ORDER REQUIRING THE OWNER OR OPERATOR21
TO COMPENSATE THE DEPARTMENT FOR THE COST OF REMEDIATION OF THE22
SITE, AND THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO23
BRING SUIT FOR COMPENSATION FROM THE OWNER OR OPERATOR FOR24
MONEY EXPENDED REMEDIATING THE SITE . THE DEPARTMENT SHALL USE25
THE RECOVERED MONEY TO REIMBURSE THE FUND FOR ACTUAL COSTS OF26
REMEDIATING THE SITE AND OF SEEKING COMPENSATION PURSUANT TO27
123
-26- THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL ADDITIONAL1
MONEY TO THE GENERAL FUND .2
(b) T
HE DEPARTMENT MAY PLACE A LIEN ON A PROPERTY ON
3
WHICH THE DEPARTMENT FUNDS THE REMEDIATION OF WASTE TIRES4
PURSUANT TO THIS SECTION UNTIL THE COSTS OF REMEDIATION HAVE BEEN5
REPAID TO THE DEPARTMENT . IF COMPLETE REPAYMENT HAS NOT BEEN6
MADE BEFORE A SALE OF THE PROPERTY , THE DEPARTMENT SHALL BE7
REPAID IN FULL, TO THE EXTENT POSSIBLE, FROM PROCEEDS OF THE SALE.8
SECTION 7. In Colorado Revised Statutes, 30-20-1415, amend9
(1)(k) as follows:10
30-20-1415. Waste tire monofills - requirements. (1) An owner11
or operator of a waste tire monofill shall, as specified by the commission12
by rule:13
(k) Not place any waste tires into monofill storage after January14
1, 2018, and
SHALL close, or cause to be closed, the waste tire monofill
15
by July 1, 2024 2034.16
SECTION 8. In Colorado Revised Statutes, add 30-20-1418 as17
follows:18
30-20-1418. Waste tire management grant program -19
definitions - repeal. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
20
OTHERWISE REQUIRES:21
(a) "E
LIGIBLE ENTITY" MEANS THE FOLLOWING ENTITIES THAT
22
PROVIDE SERVICES RELATED TO WASTE TIRE RECYCLING , BENEFICIAL23
REUSE, AND MANAGEMENT IN COLORADO:24
(I) M
UNICIPALITIES, COUNTIES, AND CITIES AND COUNTIES;
25
(II) N
ONPROFIT AND FOR-PROFIT BUSINESSES INVOLVED IN WASTE
26
TIRE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT; AND27
123
-27- (III) INSTITUTIONS OF HIGHER EDUCATION AND PUBLIC OR PRIVATE1
SCHOOLS.2
(b) "G
RANT PROGRAM" MEANS THE WASTE TIRE MANAGEMENT
3
GRANT PROGRAM CREATED IN THIS SECTION .4
(2) (a) T
HERE IS CREATED THE WASTE TIME MANAGEMENT GRANT
5
PROGRAM, WHICH SHALL BE ADMINISTERED BY THE ENTERPRISE .6
(b) T
HE ENTERPRISE SHALL , SUBJECT TO AVAILABLE
7
APPROPRIATIONS AND REVENUES , AWARD GRANTS FROM THE WASTE TIRE8
MANAGEMENT ENTERPRISE FUND , CREATED IN SECTION 30-20-1404, IN9
ACCORDANCE WITH THIS SECTION .10
(3) (a) T
HE PURPOSE OF THE GRANT PROGRAM IS TO :
11
(I) P
ROMOTE THE DEVELOPMENT OF WASTE TIRE RECYCLING ,
12
BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN ACCOR DANCE WITH13
THIS PART 14;14
(II) D
EVELOP WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
15
MANAGEMENT FACILITIES AND INFRASTRUCTURE ; AND16
(III) E
XPAND WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
17
MANAGEMENT SERVICES TO FEE PAYERS .18
(b) T
HE GRANT PROGRAM IS INTENDED TO PROVIDE ECONOMIC AND
19
TECHNICAL ASSISTANCE TO ELIGIBLE ENTITIES IN THEIR EFFORTS RELATED20
TO THE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT OF WASTE21
TIRES.22
(4) (a) A
N ELIGIBLE ENTITY MAY SUBMIT AN APPLICATION TO THE
23
ENTERPRISE FOR A GRANT PURSUANT TO THE APPLICATION POLICIES AND24
PROCEDURES ESTABLISHED BY THE BOARD .25
(b) A
T A MINIMUM, AN APPLICATION SUBMITTED TO THE BOARD
26
MUST INCLUDE THE FOLLOWING INFORMATION :27
123
-28- (I) AN APPLICATION NARRATIVE THAT DESCRIBES HOW THE1
ELIGIBLE ENTITY WILL USE THE GRANT, INCLUDING HOW THE GRANT WILL2
PROMOTE THE RECYCLING , BENEFICIAL REUSE, AND MANAGEMENT OF3
WASTE TIRES;4
(II) A
N ESTIMATE OF THE COST OF THE EQUIPMENT ,
5
INFRASTRUCTURE, OR PROJECT THE ELIGIBLE ENTITY IS INTENDING TO6
FUND WITH THE GRANT AND WHETHER THE EQUIPMENT , INFRASTRUCTURE,7
OR PROJECT MEETS THE REQUIREMENTS SPECIFIED IN SUBSECTION (5) OF8
THIS SECTION;9
(III) T
HE AMOUNT OF IN-KIND CONTRIBUTIONS OR MATCHING
10
FUNDS, IF ANY, TO THE PROJECT BUDGET FROM THE APPLICANT OR OTHER11
SOURCES OUTSIDE OF THE GRANT; AND12
(IV) W
HETHER THERE IS LOCAL COMMUNITY SUPPORT FOR THE
13
GRANT APPLICATION.14
(5) (a) T
HE BOARD MAY AWARD GRANTS TO ELIGIBLE ENTITIES FOR
15
THE FOLLOWING PURPOSES:16
(I) T
HE PURCHASE OF WASTE TIRE RECYCLING , BENEFICIAL REUSE,
17
AND MANAGEMENT EQUIPMENT OR INFRASTRUCTURE ;18
(II) S
TAFFING OF WASTE TIRE RECYCLING, BENEFICIAL REUSE, AND
19
MANAGEMENT FACILITIES;20
(III) M
ARKETING AND COMMUNICATIONS FOR WASTE TIRE
21
RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT SERVICES ;22
(IV) P
OLICY AND RESEARCH DEVELOPMENT RELATED TO WASTE
23
TIRE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES ;24
(V) C
OMMUNITY ENGAGEMENT REGARDING WASTE TIRE
25
RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT; AND26
(VI) O
THER PROJECTS OR USES AS DETERMINED BY THE BOARD .
27
123
-29- (b) (I) THE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY1
FOR THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE , BUT NO MORE2
THAN FIFTY PERCENT OF THE COST OF ANY EQUIPMENT OR3
INFRASTRUCTURE CAN BE FUNDED THROUGH THE GRANT PROGRAM .4
(II) T
HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY THAT
5
FUND ONE HUNDRED PERCENT OF THE COST OF A PROJECT THAT DOES NOT6
INVOLVE THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE .7
(c) I
N AWARDING GRANTS TO ELIGIBLE ENTITIES , THE BOARD IS
8
SUBJECT TO THE FOLLOWING CONDITIONS :9
(I) U
P TO FORTY PERCENT OF THE ENTERPRISE 'S ANNUAL GRANT
10
FUNDING MAY GO TO A SINGLE AWARD ; AND11
(II) I
F THE BOARD AWARDS A GRANT TO AN ELIGIBLE ENTITY FOR
12
THE PURCHASE OF INFRASTRUCTURE OR EQUIPMENT , THE ELIGIBLE ENTITY13
IS INELIGIBLE TO RECEIVE A GRANT FOR THE FOLLOWING FIVE YEARS .14
(6) (a) (I) T
HE BOARD SHALL ESTABLISH CRITERIA AND POLICIES TO
15
DETERMINE WHICH GRANTS TO AWARD FROM THE GRANT APPLICATIONS ,16
WHICH CRITERIA AND POLICIES IT SHALL MAKE AVAILABLE TO APPLICANTS .17
(II) T
HE BOARD SHALL GIVE PRIORITY TO PROJECTS THAT ADVANCE
18
SUSTAINABLE DESIGN, PRODUCTION, RECOVERABILITY, REUSE, REPAIR, OR19
RECYCLING OF WASTE TIRES , WITH THE HIGHEST PRIORITY GIVEN TO20
PROJECTS THAT WOULD KEEP WASTE TIRE MATERIAL AVAILABLE FOR21
REMANUFACTURING .22
(b) T
HE BOARD SHALL ESTABLISH POLICIES FOR THE GRANT
23
PROGRAM, WHICH MUST INCLUDE:24
(I) A
N APPLICATION FORM AND APPLICATION PROCEDURES ;
25
(II) A
DEADLINE EACH YEAR FOR WHEN GRANT PROGRAM
26
APPLICATIONS MUST BE SUBMITTED ;27
123
-30- (III) A POLICY THAT REQUIRES A GRANT RECIPIENT TO ENTER INTO1
A GRANT AGREEMENT WITH THE BOARD THAT INCLUDES A SCOPE OF WORK2
AND DEADLINES FOR THE ACHIEVEMENT OF THAT WORK ;3
(IV) C
RITERIA FOR MEASURING PROGRESS OF THE PROJECTS THAT
4
RECEIVE FUNDING THROUGH THE GRANT PROGRAM ;5
(V) A
POLICY THAT REQUIRES ANNUAL REPORTING BY GRANT
6
RECIPIENTS ON THE PROGRESS OF THE PROJECT FINANCED BY THE GRANT ;7
AND8
(VI) A
POLICY REGARDING A GRANT RECIPIENT'S NONCOMPLIANCE
9
WITH THE GRANT AGREEMENT ENTERED INTO BY THE GRANT RECIPIENT 'S10
AND THE BOARD, WHICH POLICY MAY INCLUDE A MECHANISM FOR THE11
BOARD TO CONVERT THE GRANT RECIPIENT 'S GRANT TO A LOAN WITH12
INTEREST.13
(7) (a) T
HE GRANT PROGRAM IS FUNDED BY THE WASTE TIRE
14
ENTERPRISE FEE. THE BOARD MAY DESIGNATE UP TO TEN PERCENT OF THE15
REVENUE GENERATED FROM THE ENTERPRISE FEE TO THE GRANT PROGRAM16
IN ANY GIVEN YEAR.17
(b) T
HE BOARD SHALL NOT AWARD ANY GRANTS TO ELIGIBLE
18
ENTITIES THROUGH THE GRANT PROGRAM AFTER DECEMBER 31, 2040.19
(8) T
HIS SECTION IS REPEALED EFFECTIVE DECEMBER 31, 2042.
20
SECTION 9. Appropriation. (1) For the 2024-25 state fiscal21
year, $60,208 is appropriated to the department of public health and22
environment. This appropriation is from the waste tire administration,23
enforcement, market development, and cleanup fund created in section24
30-20-1404 (1), C.R.S. To implement this act, the department may use25
this appropriation as follows:26
(a) $9,000 for use by the hazardous materials and waste27
123
-31- management division for the solid waste control program; and 1
(b) $51,208 for the purchase of legal services.2
(2) For the 2024-25 state fiscal year, $51,208 is appropriated to3
the department of law. This appropriation is from reappropriated funds4
received from the department of public health and environment under5
subsection (1)(b) of this section and is based on an assumption that the6
department of law will require an additional 0.2 FTE. To implement this7
act, the department of law may use this appropriation to provide legal8
services for the department of public health and environment.9
SECTION 10. Effective date. This act takes effect upon passage;10
except that section 30-20-1403 (2.5), Colorado Revised Statutes, as added11
in section 3 of this act, takes effect on July 1, 2025; section 30-20-1404,12
Colorado Revised Statutes, as amended in section 4 of this act, takes13
effect on July 1, 2025; section 30-20-1405, Colorado Revised Statutes, as14
amended in section of 5 of this act, takes effect on July 1, 2025; section15
30-20-1405.5, as added in section 6 of this act, takes effect on July 1,16
2025; and section 30-20-1418, as added in section 8 of this act, takes17
effect on July 1, 2025.18
SECTION 11. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
123
-32-