Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 24-0517.01 Christopher McMichael x4775
SENATE BILL 24-123
Senate Committees House Committees
Finance Finance
Appropriations 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
HOUSE
Amended 2nd Reading
May 3, 2024
SENATE
3rd Reading Unamended
April 17, 2024
SENATE
Amended 2nd Reading
April 16, 2024
SENATE SPONSORSHIP
Priola and Hansen, Jaquez Lewis, Winter F.
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
14
(b) T
HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :15
(I) C
OLLECT THE WASTE TIRE ENTERPRISE FEE
;16
(II) P
ROMOTE WASTE TIRE RECYCLING , BENEFICIAL REUSE,
AND17
MANAGEMENT STRATEGIES THROUGHOUT COLORADO;18
(III) I
SSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF THE19
ENTERPRISE TO PROMOTE THE WASTE TIRE RECYCLING , BENEFICIAL REUSE,
20
AND MANAGEMENT STRATEGIES SPECIFIED IN THIS SECTION ;21
(IV) P
UBLISH EACH YEAR, ON THE DEPARTMENT'S WEBSITE AND AS22
OTHERWISE DEEMED APPROPRIATE BY THE BOARD , THE WASTE TIRE23
RECYCLING, BENEFICIAL REUSE,
AND MANAGEMENT STRATEGIES THAT THE24
BOARD HAS PRIORITIZED THROUGH THE COLLECTION OF THE WASTE TIRE25
ENTERPRISE FEE;26
(V) A
DOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION OF27
123
-7- THE ENTERPRISE'S AFFAIRS AND THE CONDUCT OF THE ENTERPRISE 'S1
BUSINESS CONSISTENT WITH THIS PART 14; 2
(VI) (A) C
ONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY ,
3
INCLUDING STATE AGENCIES , CONSULTANTS, AND THE ATTORNEY4
GENERAL'S OFFICE, FOR PROFESSIONAL AND TECHNICAL ASSISTANCE ,5
OFFICE SPACE AND ADMINISTRATIVE SERVICES , ADVICE, AND OTHER6
SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE .7
T
HE BOARD SHALL ENCOURAGE DIVERSITY IN APPLICANTS FOR CONTRACTS
8
AND SHALL GENERALLY AVOID USING SINGLE -SOURCE BIDS.9
(B) T
HE ENTERPRISE SHALL PAY A FAIR MARKET RATE TO ANY
10
PUBLIC ENTITY, PRIVATE ENTITY, CONTRACTOR, OR CONSULTANT, WHICH11
MAY INCLUDE A STATE AGENCY , THE ATTORNEY GENERAL'S OFFICE, OR12
THE DEPARTMENT, THAT IS HIRED BY THE ENTERPRISE TO PERFORM DUTIES13
PURSUANT TO THIS SUBSECTION (1.5)(b); AND14
(VII) PREPARE AND SUBMIT AN ANNUAL FINANCIAL REPORT15
PURSUANT TO SUBSECTION (1.5)(i) OF THIS SECTION.16
(c) T
HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS . THE17
BOARD CONSISTS OF THE FOLLOWING NINE MEMBERS :18
(I) T
WO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF19
THE DEPARTMENT TO REPRESENT THE DEPARTMENT , INCLUDING ONE WITH20
EXPERTISE IN SUSTAINABILITY AND ONE WITH EXPERTISE IN COMPLIANCE ;21
(II) O
NE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE22
DEPARTMENT WHO REPRESENTS A COUNTY THAT HAS EXPERIENCE WITH
23
THE MANAGEMENT OF WASTE TIRES; AND24
(III) S
IX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF25
THE DEPARTMENT WHO ARE REPRESENTATIVES OF NONPROFIT AND26
FOR-PROFIT ENTITIES ENGAGED IN THE RECOVERY , RECYCLING, REUSE,27
123
-8- AND MANAGEMENT OF WASTE TIRES , INCLUDING A TIRE RETAILER, A1
WASTE TIRE COLLECTION FACILITY , A WASTE TIRE PROCESSOR, AND A2
WASTE TIRE HAULER. TO THE EXTENT PRACTICABLE, THE REPRESENTATION3
OF NONPROFIT AND FOR-PROFIT ENTITIES MUST BE BALANCED EQUALLY .4
(d) O
F THE MEMBERS APPOINTED TO THE BOARD OF DIRECTORS5
PURSUANT TO SUBSECTION (1.5)(c)(III)
OF THIS SECTION, AT LEAST ONE6
MEMBER MUST DO BUSINESS IN A RURAL COUNTY IN THE STATE .7
(e) (I) T
HE MEMBER REPRESENTING THE DEPARTMENT WHO HAS8
EXPERTISE IN SUSTAINABILITY AND IS APPOINTED PURSUANT TO9
SUBSECTION (1.5)(c)(I)
OF THIS SECTION SHALL CALL THE FIRST MEETING10
OF THE BOARD.11
(II) T
HE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS12
TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS .13
(III) T
HE BOARD SHALL MEET QUARTERLY , AND THE CHAIR OF THE14
BOARD MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE BOARD15
TO COMPLETE ITS DUTIES.16
(IV) T
HE TERM OF OFFICE FOR A BOARD MEMBER IS THREE YEARS ;17
EXCEPT THAT FOUR OF THE SIX MEMBERS APPOINTED PURSUANT TO18
SUBSECTION (1.5)(c)(III)
OF THIS SECTION SERVE INITIAL TERMS OF TWO19
YEARS. A BOARD MEMBER MAY SERVE UNLIMITED TERMS .20
(f) (I) A
MEMBER OF THE BOARD OF DIRECTORS , EXCEPT FOR21
MEMBERS APPOINTED PURSUANT TO SUBSECTIONS (1.5)(c)(I) AND
22
(1.5)(c)(II) OF THIS SECTION, MAY RECEIVE A PER DIEM STIPEND WHILE ON23
OFFICIAL ENTERPRISE BUSINESS.24
(II) T
HE PER DIEM STIPEND SHALL BE AT LEAST EQUAL TO THE25
C
OLORADO STATE EMPLOYEE PER DIEM FOR INTRA -STATE TRAVEL AS26
ESTABLISHED BY THE DEPARTMENT OF PERSONNEL .27
123
-9- (III) ALL MEMBERS OF THE BOARD OF DIRECTORS MAY RECEIVE1
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED2
WHILE ON OFFICIAL ENTERPRISE BUSINESS.3
(IV) T
HE ENTERPRISE MAY USE MONEY IN THE WASTE TIRE4
MANAGEMENT ENTERPRISE FUND , CREATED IN SECTION 30-20-1404, TO5
PAY THE PER DIEM STIPEND TO A BOARD MEMBER AND TO REIMBURSE A6
BOARD MEMBER FOR ACTUAL AND NECESSARY EXPENSES INCURRED AS7
PART OF THE ENTERPRISE'S OPERATING EXPENSES.8
(g) T
HE DEPARTMENT SHALL PROVIDE OFFICE SPACE AND9
ADMINISTRATIVE STAFF TO THE ENTERPRISE, IF REQUESTED BY THE BOARD.10
I
N ACCORDANCE WITH SUBSECTION (1.5)(b)(VI)(B) OF THIS SECTION, THE
11
ENTERPRISE SHALL PAY THE DEPARTMENT A FAIR MARKET RATE FOR ANY12
OFFICE SPACE OR ADMINISTRATIVE STAFF USED BY THE BOARD IN13
PERFORMANCE OF THE ENTERPRISE 'S DUTIES.14
(h) (I) T
HE DEPARTMENT MAY TRANSFER MONEY FROM ANY
15
LEGALLY AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF16
DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES17
FEE REVENUE. THE ENTERPRISE MAY ACCEPT AND EXPEND ANY MONEY SO18
TRANSFERRED, AND, NOTWITHSTANDING ANY STATE FISCAL RULE OR19
GENERALLY ACCEPTED ACCOUNTING PRINCIPLE THAT COULD OTHERWISE20
BE INTERPRETED TO REQUIRE A CONTRARY CONCLUSION , SUCH A21
TRANSFER IS A LOAN FROM THE DEPARTMENT TO THE ENTERPRISE THAT IS22
REQUIRED TO BE REPAID AND IS NOT A GRANT FOR PURPOSES OF SECTION23
20 (2)(d)
OF ARTICLE X OF THE STATE CONSTITUTION OR AS DEFINED IN
24
SECTION 24-77-102 (7).25
(II)
ALL MONEY TRANSFERRED AS A LOAN TO THE ENTERPRISE
26
MUST BE CREDITED TO THE WASTE TIRE ADMINISTRATION , ENFORCEMENT,27
123
-10- MARKET DEVELOPMENT , AND CLEANUP FUND , CREATED IN SECTION1
30-20-1404 (1)(a). L
OAN LIABILITIES THAT ARE RECORDED IN THE WASTE
2
TIRE ADMINISTRATION, ENFORCEMENT, MARKET DEVELOPMENT , AND3
CLEANUP FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT4
STATE FISCAL YEAR SHALL NOT BE CONSIDERED WHEN CALCULATING5
SUFFICIENT STATUTORY FUND BALANCE FOR PURPOSES OF SECTION6
24-75-109.7
(III) A
S THE ENTERPRISE RECEIVES SUFFICIENT REVENUE IN EXCESS
8
OF EXPENSES, IT SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL9
AMOUNT OF ANY LOAN MADE BY THE DEPARTMENT , PLUS INTEREST AT A10
RATE AGREED UPON BY THE DEPARTMENT AND THE ENTERPRISE .11
(i) (I) ON OR BEFORE JUNE 30, 2026, AND EVERY JUNE 30 OF EACH12
YEAR THEREAFTER, THE ENTERPRISE SHALL PREPARE AND SUBMIT AN13
ANNUAL FINANCIAL REPORT TO LEGISLATIVE COUNCIL STAFF AND THE14
JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY .15
(II) THE FINANCIAL REPORT PREPARED BY THE ENTERPRISE16
PURSUANT TO SUBSECTION (1.5)(i)(I) OF THIS SECTION MUST INCLUDE THE17
ENTERPRISE'S PROJECTED REVENUE AND EXPENDITURES AND PROPOSED18
BUDGET FOR THE FOLLOWING FISCAL YEAR .19
(III) THE ENTERPRISE SHALL POST A COPY OF THE ENTERPRISE'S20
FINANCIAL REPORT ON THE ENTERPRISE 'S PUBLIC WEBSITE.21
(2) (c) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.
22
(2.5) Waste tire enterprise fee and waste tire administration23
fee. (a) (I) E
FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR
VEHICLE24
TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE ENTERPRISE25
FEE IN AN AMOUNT TO BE SET BY THE ENTERPRISE, IN COORDINATION WITH26
THE COMMISSION. THE WASTE TIRE ENTERPRISE FEE AMOUNT MUST NOT27
123
-11- EXCEED TWO DOLLARS AND FIFTY CENTS ON THE SALE OF EACH NEW TIRE.1
T
HE MAXIMUM PER TIRE ENTERPRISE FEE AMOUNT MAY BE ADJUSTED BY
2
THE ENTERPRISE EVERY TWO YEARS IN ACCORDANCE WITH ANY ANNUAL3
PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S4
BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE5
D
ENVER-AURORA-LAKEWOOD METROPOLITAN AREA FOR ALL ITEMS PAID
6
BY ALL URBAN CONSUMERS , OR ITS APPLICABLE SUCCESSOR INDEX.7
(II) E
FFECTIVE JULY
1, 2025, THE BOARD OF DIRECTORS MAY8
REVIEW THE WASTE TIRE ENTERPRISE FEE ON AN ANNUAL BASIS AND, IN9
ACCORDANCE WITH THE FEE AMOUNT LIMIT SET FORTH IN SUBSECTION10
(2.5)(a)(I) OF THIS SECTION, ADJUST THE WASTE TIRE FEE AMOUNT SO11
THAT THE WASTE TIRE ENTERPRISE FEE IS IMPOSED IN AN AMOUNT THAT12
IS:13
(A) R
EASONABLY RELATED TO THE DIRECT AND INDIRECT COSTS
14
OF OPERATING THE ENTERPRISE IN ACCORDANCE WITH THIS PART 14 AND15
THE SERVICES PROVIDED BY THE ENTERPRISE , WHICH COSTS MUST NOT16
EXCEED THE EQUIVALENT OF ONE -HALF OF THE WASTE TIRE ENTERPRISE17
FEE COLLECTED FOR EACH NEW TIRE SOLD PURSUANT TO THIS SUBSECTION18
(2.5);19
(B) S
UFFICIENT TO PAY COSTS ASSOCIATED WITH PROVIDING
20
REBATES AS DESCRIBED IN SECTION 30-20-1405; AND21
(C) S
UFFICIENT TO PROVIDE GRANTS TO ELIGIBLE ENTITIES
22
PURSUANT TO THE WASTE TIRE MANAGEMENT GRANT PROGRAM23
ESTABLISHED IN SECTION 30-20-1418.24
(b) (I) E
FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR
25
VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE26
ADMINISTRATION FEE IN AN AMOUNT TO BE SET BY THE COMMISSION , IN27
123
-12- COORDINATION WITH THE DEPARTMENT .1
(II) T
HE COMMISSION MAY REVIEW THE WASTE TIRE
2
ADMINISTRATION FEE ON AN ANNUAL BASIS AND ADJUST THE3
ADMINISTRATION FEE AMOUNT SO THAT IT COVERS THE DIRECT AND4
INDIRECT COSTS OF CONDUCTING THE REGULATORY AND ADMINISTRATIVE5
FUNCTIONS OF THE DEPARTMENT IN IMPLEMENTING THIS PART 14.6
(III) T
HE WASTE TIRE ADMINISTRATION FEE AMOUNT MUST NOT
7
EXCEED HALF OF THE AMOUNT OF THE WASTE TIRE ENTERPRISE FEE ;8
EXCEPT THAT THE MINIMUM AMOUNT OF THE WASTE TIRE9
ADMINISTRATION FEE ON THE SALE OF EACH NEW TIRE MUST BE FIFTY10
CENTS OR MORE.11
(c) (I) O
N AND AFTER JULY 1, 2025, RETAILERS OF NEW MOTOR
12
VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT BOTH THE13
ENTERPRISE FEE AND THE ADMINISTRATION FEE FROM THE CONSUMER AT14
THE POINT OF SALE.15
(II) T
HE RECEIPT FROM THE RETAILER TO THE CONSUMER FOR
16
EVERY NEW MOTOR VEHICLE OR NEW TRAILER TIRE PURCHASED MUST17
CONTAIN THE FOLLOWING STATEMENT IN THE LARGEST BOLD -FACED TYPE18
CAPABLE BASED ON POINT-OF-SALE SOFTWARE AND ON EXISTING INVOICE19
PRINTERS, NOT TO EXCEED FIFTEEN POINTS : "SECTION 30-20-1403,20
C
OLORADO REVISED STATUTES, REQUIRES RETAILERS TO COLLECT A
21
WASTE TIRE ENTERPRISE FEE SET BY THE WASTE TIRE MANAGEMENT22
ENTERPRISE, WHICH IS A GOVERNMENT-OWNED BUSINESS WITHIN THE23
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , AND A WASTE24
TIRE ADMINISTRATION FEE SET BY THE SOLID AND HAZARDOUS WASTE25
COMMISSION ON THE SALE OF EACH NEW MOTOR VEHICLE TIRE AND26
EACH NEW TRAILER TIRE."27
123
-13- (III) THE RETAILER SHALL SUBMIT TO THE ENTERPRISE BY THE1
TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE2
ENTERPRISE FEE COLLECTED PURSUANT TO THIS SECTION IN THE3
PRECEDING QUARTER OF THE CALENDAR YEAR , TOGETHER WITH ANY4
REPORT REQUIRED BY THE ENTERPRISE. THE ENTERPRISE SHALL TRANSMIT5
THE ENTERPRISE FEES TO THE STATE TREASURER , WHO SHALL CREDIT6
THEM IN ACCORDANCE WITH SUBSECTION (3)(a) OF THIS SECTION OR AS7
SPECIFIED IN RULES PROMULGATED BY THE COMMISSION .8
(IV) T
HE RETAILER SHALL SUBMIT TO THE DEPARTMENT BY THE
9
TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE10
ADMINISTRATION FEE COLLECTED PURSUANT TO THIS SECTION IN THE11
PRECEDING QUARTER OF THE CALENDAR YEAR , TOGETHER WITH ANY12
REPORT REQUIRED BY THE DEPARTMENT . THE DEPARTMENT SHALL13
TRANSMIT THE ADMINISTRATION FEES TO THE STATE TREASURER , WHO14
SHALL CREDIT THEM IN ACCORDANCE WITH SUBSECTION (3)(b) OF THIS15
SECTION OR AS SPECIFIED IN RULES PROMULGATED BY THE COMMISSION .16
(3) (a) B
EGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL
17
DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE18
ASSESSED IN SUBSECTION (2.5)(a) OF THIS SECTION AS FOLLOWS:19
(I) T
HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER
20
THE COSTS DESCRIBED IN SUBSECTION (2.5)(a)(II)(A) OF THIS SECTION TO21
THE WASTE TIRE MANAGEMENT ENTERPRISE FUND CREATED IN SECTION22
30-20-1404;23
(II) T
HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER
24
THE COSTS DESCRIBED IN SUBSECTION (2.5)(a)(II)(B) OF THIS SECTION TO25
THE END USERS FUND CREATED IN SECTION 30-20-1405;26
(III) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
27
123
-14- WASTE TIRE MANAGEMENT ENTERPRISE FUND TO THE WASTE TIRE1
MANAGEMENT ENTERPRISE FUND . ANY UNEXPENDED AND UNENCUMBERED2
MONEY IN THE WASTE TIRE MANAGEMENT ENTERPRISE FUND AT THE END3
OF ANY FISCAL YEAR SHALL REMAIN IN THE WASTE TIRE MANAGEMENT4
ENTERPRISE FUND.5
(IV) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
6
END USERS FUND TO THE END USERS FUND . ANY UNEXPENDED AND7
UNENCUMBERED MONEY IN THE END USERS FUND AT THE END OF ANY8
FISCAL YEAR SHALL REMAIN IN THE END USERS FUND .9
(b) (I) B
EGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL
10
DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ADMINISTRATION FEE11
ASSESSED IN SUBSECTION (2.5)(b) OF THIS SECTION TO THE WASTE TIRE12
ADMINISTRATION FUND CREATED IN SECTION 30-20-1405.5.13
(II) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
14
WASTE TIRE ADMINISTRATION FUND SHALL BE CREDITED TO THE WASTE15
TIRE ADMINISTRATION FUND. ANY UNEXPENDED AND UNENCUMBERED16
MONEY IN THE WASTE TIRE ADMINISTRATION FUND IN EXCESS OF SIXTEEN17
AND ONE-HALF PERCENT OF THE PREVIOUS STATE FISCAL YEAR 'S18
EXPENDITURES AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE19
WASTE TIRE ADMINISTRATION FUND .20
21
SECTION 4. In Colorado Revised Statutes, 30-20-1404, amend22
(1), (2) introductory portion, (2)(a), (2)(o), (5), (6), and (7); repeal23
(2)(b), (2)(c), (2)(d), (2)(i), (2)(j), (2)(k), (2)(l), (2)(p), (3), (4), and (8);24
and add (2)(q), (2)(r), (2)(s), (2)(t), and (2)(u) as follows:25
30-20-1404. Waste tire management enterprise fund - creation26
- rules. (1) (a) There is hereby created in the state treasury the waste tire27
123
-15- administration, enforcement, market development, and cleanup1
MANAGEMENT ENTERPRISE fund, referred to in this section as the "fund",2
consisting of the fee revenue credited pursuant to section 30-20-14033
(2.5)(a) and any other money appropriated OR TRANSFERRED to it. The4
general assembly shall annually appropriate the money in the fund to the5
department for its direct and indirect administrative and enforcement6
costs in administering and enforcing this part 14 MONEY CREDITED TO7
THE FUND IS CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE8
PURPOSES SET FORTH IN THIS SECTION AND TO PAY THE ENTERPRISE 'S9
REASONABLE AND NECESSARY OPERATING EXPENSES .10
(b) The state treasurer shall credit all interest earned on the11
investment of money in the fund to the fund. Any unexpended and12
unencumbered money in the fund in excess of sixteen and one-half13
percent of the previous fiscal year's expenditures at the end of any fiscal14
year shall be credited: REMAIN IN THE FUND.15
(a) Through December 31, 2025, to the end users fund created in16
section 30-20-1405; and17
(b) On and after January 1, 2026, to the general fund.18
(2) The department shall ENTERPRISE MAY, IN CONSULTATION19
WITH THE DEPARTMENT, use the money in the fund for:20
(a) Collecting the
WASTE TIRE ENTERPRISE fee assessed in section
21
30-20-1403 (1) (2.5)(a);22
(b) Inspecting retailers to determine whether all fees are being23
collected;24
(c) Enforcing the requirements of this part 14 pursuant to existing25
authority, including sections 30-20-113 and 30-20-114;26
(d) Developing a system to address the receipt by registered27
123
-16- persons of unmanifested waste tires from unregistered haulers;1
(i) Providing grants to law enforcement, fire departments, local2
health departments, state agencies, and any other applicable entities for3
purchasing equipment and supplies to implement this part 14;4
(j) Training of and enforcement by entities that enforce this part5
14;6
(k) Awarding grants and developing educational programs for7
enforcement, fire prevention and suppression, proper waste tire8
management and disposal, training, and customer technical assistance;9
(l) Maintaining an online complaint form and processes for law10
enforcement, fire departments, and citizens to report potential waste tire11
violations;12
(o) Encouraging waste tire market development; and13
(p) Reimbursing the division of fire prevention and control in the14
department of public safety for:15
(I) Inspections of facilities where waste tires are present16
conducted by the division to determine whether the waste tire collection17
facilities, waste tire processors, and waste tire monofills are in18
compliance with the rules promulgated by the director of the division19
pursuant to section 24-33.5-1203.5 (2); and20
(II) Technical and other assistance the division provides to the21
department or the public related to waste tires, including assistance22
related to:23
(A) The development of fire prevention education materials; and24
(B) Review of fire prevention plans.25
(q) T
HE PAYMENT OF ANY BONDS ISSUED PURSUANT TO SECTION26
30-20-1403 (1.5)(b);
27
123
-17- (r) REIMBURSEMENT OF ANY CONTRACTORS USED FOR CLEANUP1
AND REMEDIATION ACTIVITIES ENGAGED IN PURSUANT TO SUBSECTIONS2
(2)(f)
AND (2)(g)
OF THIS SECTION;3
(s) T
HE PAYMENT OF PER DIEM AND THE REIMBURSEMENT OF4
ACTUAL AND NECESSARY EXPENSES FOR BOARD MEMBERS WHILE ON5
OFFICIAL ENTERPRISE BUSINESS;
6
(t) F
UNDING GRANTS IN ACCORDANCE WITH THE WASTE TIRE
7
MANAGEMENT GRANT PROGRAM ESTABLISHED IN SECTION 30-20-1418;8
AND9
(u) ANY OTHER ACTIVITY NECESSARY TO IMPLEMENT SECTION10
30-20-1403, AS DETERMINED BY THE BOARD OF DIRECTORS .11
(3) If the department is denied access or if consent to access has12
not been given to clean up a site where the department reasonably13
believes waste tires exist illegally, the department may obtain from the14
district court for the judicial district in which the property is located a15
warrant to enter the property and remove the waste tires.16
(4) (a) In addition to any penalties assessed, the department may17
issue an order requiring the owner or operator to compensate the18
department for the cost of remediation of the site, and the department may19
request the attorney general to bring suit for compensation from the20
owner or operator for money expended remediating the site. The21
department shall use the recovered moneys to reimburse the fund for22
actual costs of remediating the site and of seeking compensation pursuant23
to this section. The state treasurer shall credit all additional moneys to the24
general fund.25
(b) The department may place a lien on a property on which the26
department funds the remediation of waste tires pursuant to this section27
123
-18- until the costs of remediation have been repaid to the department. If1
complete repayment has not been made before a sale of the property, the2
department shall be repaid in full, to the extent possible, from proceeds3
of the sale.4
(5) (a) In providing assistance pursuant to this section, the5
department ENTERPRISE shall give primary consideration to protection of6
public health and the environment.7
(b) In awarding contracts for services pursuant to this section, the8
department ENTERPRISE may give preferential bidding treatment to9
individuals or entities that will recycle, pursuant to rules of the10
department concerning recycling, and reuse, rather than dispose of, the11
waste tires.12
(6) The department ENTERPRISE shall, either itself or through a13
contractor, create a priority abatement list of illegal waste tire disposal14
sites.15
(7) The
ENTERPRISE, IN COORDINATION WITH THE department and16
the department of transportation, shall coordinate with one another to
17
systematically investigate and research the use of tire-derived aggregates18
in technically feasible and economically viable civil applications19
associated with the department of transportation's roadway mission. The20
department shall include any findings regarding tire-derived aggregates,21
as appropriate, in the department's annual report to the general assembly.22
(8) Notwithstanding any other provision of this section, on June23
30, 2020, the state treasurer shall transfer five million three hundred24
seventy-two thousand four hundred fifteen dollars from the fund to the25
general fund.26
SECTION 5. In Colorado Revised Statutes, 30-20-1405, amend27
123
-19- (1), (2)(a) introductory portion, (3), (4)(a), (4)(b) introductory portion, (5)1
introductory portion, (5)(c) introductory portion, (5)(d), (5)(e)2
introductory portion, (5)(e)(I), (6) introductory portion, (6)(b)(II), (7), (8)3
introductory portion, (9), and (10); and repeal (1.5) as follows:4
30-20-1405. End users fund - creation - quarterly rebates -5
rules - repeal. (1) (a) There is hereby created in the state treasury the end6
users fund, referred to in this section as the "fund", consisting of the fee7
revenue credited pursuant to section 30-20-1403 (2)(a)(II) 30-20-14038
(3)(a)(II).9
(b) The state treasurer shall credit all interest and any other return10
on the investment of money in the fund to the fund. The fund is subject11
to annual appropriation by the general assembly to the department for the12
purposes specified in this section MONEY CREDITED TO THE FUND IS13
CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET14
FORTH IN THIS SECTION.15
(1.5) Notwithstanding any other provision of this section, on June16
30, 2020, the state treasurer shall transfer one million four hundred17
thousand dollars from the fund to the general fund.18
(2) (a) The department ENTERPRISE, IN CONSULTATION WITH THE19
DEPARTMENT, shall use the money in the fund to provide quarterly rebates20
to in-state:21
(3) The rebate is subject to the following conditions:22
(a) The department ENTERPRISE shall pay the rebate amount23
quarterly, on a per-ton basis; and24
(b) Once the department ENTERPRISE has paid a rebate on a25
particular quantity of tire-derived product, every part of that particular26
quantity of tire-derived product is no longer eligible for payment of the27
123
-20- rebate.1
(4) (a) The commission ENTERPRISE, IN CONSULTATION WITH THE2
COMMISSION, shall annually set the amount of the rebate, by rule, on a3
per-ton basis, and the department ENTERPRISE shall pay the set rebate4
amount for each ton of qualified tire-derived product. The commission5
ENTERPRISE shall calculate the rebate to equal, but not exceed, the amount6
of the anticipated income transferred into the fund during each7
succeeding twelve-month period.8
(b) Each year, the department ENTERPRISE shall continue to9
provide the rebate in accordance with the tiered structure set forth in10
subsection (5)(e) of this section until:11
(5) The commission shall promulgate rules governing12
administration of the rebate. which ON AND AFTER THE EFFECTIVE DATE13
OF THIS SECTION, AS AMENDED, THE COMMISSION SHALL CONSULT WITH14
THE ENTERPRISE IN ADOPTING RULES GOVERNING ADMINISTRATION OF THE15
REBATE. THE COMMISSION'S rules must include the following:16
(c) If the balance of the fund is anticipated to be insufficient to17
pay out all of the rebates applied for, a requirement that the department18
ENTERPRISE:19
(d) A requirement that an end user that qualifies for a rebate by20
utilizing waste tires for:21
(I) Alternative daily cover must verify with the department22
ENTERPRISE that the alternative daily cover meets all specification23
standards for all type-B tire-derived aggregate, as established by the24
ASTM standard D6270; and25
(II) Tire-derived aggregate must verify with the department26
ENTERPRISE that the tire-derived aggregate meets all specification27
123
-21- standards for all type-A AND TYPE-B tire-derived aggregate, as established1
by the ASTM standard D6270; and2
(e) Three tiers of rebate amounts that the department ENTERPRISE3
may pay out based on the amount of the waste tire that was used and4
destroyed as follows:5
(I) Tier 1: Full rebates going to crumbed rubber end uses and end6
uses that completely destroy the waste tire for the purpose of energy7
recovery or other clean technologies as defined and approved by the8
commission by rule;9
(6) The department ENTERPRISE:10
(b) May deny:11
12
(II) All future rebates pursuant to this section and grants of money13
from the waste tire administration, enforcement, market development, and14
cleanup MANAGEMENT ENTERPRISE fund created in section 30-20-1404 to15
an applicant that knowingly or intentionally provides false information to16
the department ENTERPRISE when applying for a rebate or for a grant of17
money from the waste tire administration, enforcement, market18
development, and cleanup MANAGEMENT ENTERPRISE fund.19
(7) Waste tires obtained from rural counties are eligible for an20
additional rebate amount of twenty-five dollars per ton; however, the21
additional rebate amount must not exceed the rebate amount for tier 322
rebates as determined by the commission by rule pursuant to subsection23
(5)(e)(III) of this section. To qualify for the additional rebate amount set24
forth in this subsection (7), an end user must provide evidence to the25
department ENTERPRISE documenting the county of origin for each waste26
tire.27
123
-22- (8) The department ENTERPRISE shall require that an end user1
submit an application for a rebate that contains self-certifications2
provided by the end user regarding:3
(9) (a) O
N OR AFTER JANUARY 1, 2026, AND UNTIL DECEMBER 31,4
2041,
the department ENTERPRISE may issue rebates after January 1, 2026,5
only for end uses occurring and rebates applied for on or before6
December 31, 2025 PURSUANT TO THIS SECTION.7
(b) The commission,
IN CONSULTATION WITH THE ENTERPRISE ,8
shall repeal any rules concerning the fund and implementation of this9
section once the department
ENTERPRISE has issued the final rebates10
pursuant to subsection (9)(a) of this section.11
(c) On July 1, 2026 JULY 1, 2042, the state treasurer shall transfer12
any money left in the fund to the general fund.13
(10) This section is repealed, effective July 1, 2026 DECEMBER 31,14
2042.15
SECTION 6. In Colorado Revised Statutes, add 30-20-1405.5 as16
follows:17
30-20-1405.5. Waste tire administration fund - creation - clean18
up - reimbursement - penalties - rules. (1) (a) T
HERE IS CREATED IN
19
THE STATE TREASURY THE WASTE TIRE ADMINISTRATION FUND , REFERRED20
TO IN THIS SECTION AS THE "FUND".21
(b) T
HE FUND CONSISTS OF THE WASTE TIRE ADMINISTRATION FEE
22
REVENUE CREDITED TO THE FUND PURSUANT TO SECTION 30-20-140323
(3)(b)
AND ANY OTHER MONEY APPROPRIATED OR TRANSFERRED TO IT .
24
(c) M
ONEY CREDITED TO THE FUND IS CONTI NUOUSLY
25
APPROPRIATED TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN26
SUBSECTION (2) OF THIS SECTION.27
123
-23- (2) THE DEPARTMENT MAY USE THE MONEY IN THE FUND FOR THE1
REASONABLE DIRECT AND INDIRECT COSTS OF CONDUCTING THE2
REGULATORY AND ADMINISTRATIVE FUNCTIONS OF THE DEPARTMENT IN3
IMPLEMENTING THIS PART 14, INCLUDING:4
(a) I
NSPECTING NEW MOTOR VEHICLE TIRE AND NEW TRAILER TIRE
5
RETAILERS TO DETERMINE WHETHER ALL FEES ARE BEING COLLECTED ;6
(b) E
NFORCING THE REQUIREMENTS OF THIS PART 14 PURSUANT TO
7
EXISTING AUTHORITY, INCLUDING SECTIONS 30-20-113 AND 30-20-114;8
(c) D
EVELOPING A SYSTEM TO ADDRESS THE RECEIPT BY
9
REGISTERED PERSONS OF UNMANIFESTED WASTE TIRES FROM10
UNREGISTERED WASTE TIRE HAULERS ;11
(d) M
AINTAINING AN ONLINE COMPLAINT FORM AND PROCESS FOR
12
LAW ENFORCEMENT , FIRE DEPARTMENTS, AND CITIZENS TO REPORT13
POTENTIAL WASTE TIRE VIOLATIONS;14
(e) R
EIMBURSING THE DIVISION OF FIRE PREVENTION AND CONTROL
15
IN THE DEPARTMENT OF PUBLIC SAFETY FOR :16
(I) I
NSPECTIONS OF FACILITIES WHERE WASTE TIRES ARE PRESENT
17
CONDUCTED BY THE DIVISION OF FIRE PREVENTION AND CONTROL TO18
DETERMINE WHETHER THE WASTE TIRE COLLECTION FACILITIES , WASTE19
TIRE PROCESSORS, AND WASTE TIRE MONOFILLS ARE IN COMPLIANCE WITH20
THE RULES PROMULGATED BY THE DIRECTOR OF THE DIVISION PURSUANT21
TO SECTION 24-33.5-1203.5 (2); AND22
(II) T
ECHNICAL AND OTHER ASSISTANCE THE DIVISION OF FIRE
23
PREVENTION AND CONTROL PROVIDES TO THE DEPARTMENT OR THE PUBLIC24
RELATED TO WASTE TIRES, INCLUDING ASSISTANCE RELATED TO:25
(A) T
HE DEVELOPMENT OF FIRE PREVENTION EDUCATION
26
MATERIALS; AND27
123
-24- (B) REVIEW OF FIRE PREVENTION PLANS;1
(f) R
EGISTERING AND REGULATING WASTE TIRE HAULERS , WASTE
2
TIRE GENERATORS, USED TIRE MANAGERS , WASTE TIRE COLLECTION3
FACILITIES, WASTE TIRE PROCESSORS, MOBILE PROCESSORS, WASTE TIRE4
MONOFILLS, AND END USERS IN ACCORDANCE WITH SECTIONS 30-20-14085
TO 30-20-1417;6
(g) P
ROVIDING GRANTS TO LAW ENFORCEMENT , FIRE
7
DEPARTMENTS, LOCAL HEALTH DEPARTMENTS, STATE AGENCIES, AND ANY8
OTHER APPLICABLE ENTITIES FOR PURCHASING EQUIPMENT AND SUPPLIES9
TO IMPLEMENT THIS PART 14;10
(h) T
RAINING OF AND ENFORCEMENT BY ENTITIES THAT ENFORCE
11
THIS PART 14;12
(i) A
WARDING GRANTS AND DEVELOPING EDUCATIONAL
13
PROGRAMS FOR ENFORCEMENT , FIRE PREVENTION AND SUPPRESSION ,14
PROPER WASTE TIRE MANAGEMENT AND DISPOSAL , TRAINING, AND15
CUSTOMER TECHNICAL ASSISTANCE ; AND16
(j) A
NY OTHER REGULATORY OR ADMINISTRATIVE COSTS RELATED
17
TO THE DEPARTMENT'S AUTHORITY AND DUTIES IN IMPLEMENTING THIS18
PART 14.19
(3) I
F THE DEPARTMENT IS DENIED ACCESS OR IF CONSENT TO
20
ACCESS HAS NOT BEEN GIVEN TO CLEAN UP A SITE WHERE THE21
DEPARTMENT REASONABLY BELIEVES WASTE TIRES EXIST ILLEGALLY , THE22
DEPARTMENT MAY OBTAIN FROM THE DISTRICT COURT FOR THE JUDICIAL23
DISTRICT IN WHICH THE PROPERTY IS LOCATED A WARRANT TO ENTER THE24
PROPERTY AND REMOVE THE WASTE TIRES .25
(4) (a) I
N ADDITION TO ANY PENALTIES ASSESSED , THE
26
DEPARTMENT MAY ISSUE AN ORDER REQUIRING THE OWNER OR OPERATOR27
123
-25- TO COMPENSATE THE DEPARTMENT FOR THE COST OF REMEDIATION OF THE1
SITE, AND THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO2
BRING SUIT FOR COMPENSATION FROM THE OWNER OR OPERATOR FOR3
MONEY EXPENDED REMEDIATING THE SITE . THE DEPARTMENT SHALL USE4
THE RECOVERED MONEY TO REIMBURSE THE FUND FOR ACTUAL COSTS OF5
REMEDIATING THE SITE AND OF SEEKING COMPENSATION PURSUANT TO6
THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL ADDITIONAL7
MONEY TO THE GENERAL FUND .8
(b) T
HE DEPARTMENT MAY PLACE A LIEN ON A PROPERTY ON
9
WHICH THE DEPARTMENT FUNDS THE REMEDIATION OF WASTE TIRES10
PURSUANT TO THIS SECTION UNTIL THE COSTS OF REMEDIATION HAVE BEEN11
REPAID TO THE DEPARTMENT . IF COMPLETE REPAYMENT HAS NOT BEEN12
MADE BEFORE A SALE OF THE PROPERTY , THE DEPARTMENT SHALL BE13
REPAID IN FULL, TO THE EXTENT POSSIBLE, FROM PROCEEDS OF THE SALE.14
SECTION 7. In Colorado Revised Statutes, 30-20-1415, amend15
(1)(k) as follows:16
30-20-1415. Waste tire monofills - requirements. (1) An owner17
or operator of a waste tire monofill shall, as specified by the commission18
by rule:19
(k) Not place any waste tires into monofill storage after January20
1, 2018, and
SHALL close, or cause to be closed, the waste tire monofill
21
by July 1, 2024 2034.22
SECTION 8. In Colorado Revised Statutes, add 30-20-1418 as23
follows:24
30-20-1418. Waste tire management grant program -25
definitions - repeal. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
26
OTHERWISE REQUIRES:27
123
-26- (a) "ELIGIBLE ENTITY" MEANS THE FOLLOWING ENTITIES THAT1
PROVIDE SERVICES RELATED TO WASTE TIRE RECYCLING , BENEFICIAL2
REUSE, AND MANAGEMENT IN COLORADO:3
(I) M
UNICIPALITIES, COUNTIES, AND CITIES AND COUNTIES;
4
(II) N
ONPROFIT AND FOR-PROFIT BUSINESSES INVOLVED IN WASTE
5
TIRE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT; AND6
(III) I
NSTITUTIONS OF HIGHER EDUCATION AND PUBLIC OR PRIVATE
7
SCHOOLS.8
(b) "G
RANT PROGRAM" MEANS THE WASTE TIRE MANAGEMENT
9
GRANT PROGRAM CREATED IN THIS SECTION .10
(2) (a) T
HERE IS CREATED THE WASTE TIME MANAGEMENT GRANT
11
PROGRAM, WHICH SHALL BE ADMINISTERED BY THE ENTERPRISE .12
(b) T
HE ENTERPRISE SHALL , SUBJECT TO AVAILABLE
13
APPROPRIATIONS AND REVENUES , AWARD GRANTS FROM THE WASTE TIRE14
MANAGEMENT ENTERPRISE FUND , CREATED IN SECTION 30-20-1404, IN15
ACCORDANCE WITH THIS SECTION .16
(3) (a) T
HE PURPOSE OF THE GRANT PROGRAM IS TO :
17
(I) P
ROMOTE THE DEVELOPMENT OF WASTE TIRE RECYCLING ,
18
BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN ACCOR DANCE WITH19
THIS PART 14;20
(II) D
EVELOP WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
21
MANAGEMENT FACILITIES AND INFRASTRUCTURE ; AND22
(III) E
XPAND WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
23
MANAGEMENT SERVICES TO FEE PAYERS .24
(b) T
HE GRANT PROGRAM IS INTENDED TO PROVIDE ECONOMIC AND
25
TECHNICAL ASSISTANCE TO ELIGIBLE ENTITIES IN THEIR EFFORTS RELATED26
TO THE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT OF WASTE27
123
-27- TIRES.1
(4) (a) A
N ELIGIBLE ENTITY MAY SUBMIT AN APPLICATION TO THE
2
ENTERPRISE FOR A GRANT PURSUANT TO THE APPLICATION POLICIES AND3
PROCEDURES ESTABLISHED BY THE BOARD .4
(b) A
T A MINIMUM, AN APPLICATION SUBMITTED TO THE BOARD
5
MUST INCLUDE THE FOLLOWING INFORMATION :6
(I) A
N APPLICATION NARRATIVE THAT DESCRIBES HOW THE
7
ELIGIBLE ENTITY WILL USE THE GRANT, INCLUDING HOW THE GRANT WILL8
PROMOTE THE RECYCLING , BENEFICIAL REUSE, AND MANAGEMENT OF9
WASTE TIRES;10
(II) A
N ESTIMATE OF THE COST OF THE EQUIPMENT ,
11
INFRASTRUCTURE, OR PROJECT THE ELIGIBLE ENTITY IS INTENDING TO12
FUND WITH THE GRANT AND WHETHER THE EQUIPMENT , INFRASTRUCTURE,13
OR PROJECT MEETS THE REQUIREMENTS SPECIFIED IN SUBSECTION (5) OF14
THIS SECTION;15
(III) T
HE AMOUNT OF IN-KIND CONTRIBUTIONS OR MATCHING
16
FUNDS, IF ANY, TO THE PROJECT BUDGET FROM THE APPLICANT OR OTHER17
SOURCES OUTSIDE OF THE GRANT; AND18
(IV) W
HETHER THERE IS LOCAL COMMUNITY SUPPORT FOR THE
19
GRANT APPLICATION.20
(5) (a) T
HE BOARD MAY AWARD GRANTS TO ELIGIBLE ENTITIES FOR
21
THE FOLLOWING PURPOSES:22
(I) T
HE PURCHASE OF WASTE TIRE RECYCLING , BENEFICIAL REUSE,
23
AND MANAGEMENT EQUIPMENT OR INFRASTRUCTURE ;24
(II) S
TAFFING OF WASTE TIRE RECYCLING, BENEFICIAL REUSE, AND
25
MANAGEMENT FACILITIES;26
(III) M
ARKETING AND COMMUNICATIONS FOR WASTE TIRE
27
123
-28- RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT SERVICES ;1
(IV) P
OLICY AND RESEARCH DEVELOPMENT RELATED TO WASTE
2
TIRE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES ;3
(V) C
OMMUNITY ENGAGEMENT REGARDING WASTE TIRE
4
RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT; AND5
(VI) O
THER PROJECTS OR USES AS DETERMINED BY THE BOARD .
6
(b) (I) T
HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY
7
FOR THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE , BUT NO MORE8
THAN FIFTY PERCENT OF THE COST OF ANY EQUIPMENT OR9
INFRASTRUCTURE CAN BE FUNDED THROUGH THE GRANT PROGRAM .10
(II) T
HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY THAT
11
FUND ONE HUNDRED PERCENT OF THE COST OF A PROJECT THAT DOES NOT12
INVOLVE THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE .13
(c) I
N AWARDING GRANTS TO ELIGIBLE ENTITIES , THE BOARD IS
14
SUBJECT TO THE FOLLOWING CONDITIONS :15
(I) U
P TO FORTY PERCENT OF THE ENTERPRISE 'S ANNUAL GRANT
16
FUNDING MAY GO TO A SINGLE AWARD ; AND17
(II) I
F THE BOARD AWARDS A GRANT TO AN ELIGIBLE ENTITY FOR
18
THE PURCHASE OF INFRASTRUCTURE OR EQUIPMENT , THE ELIGIBLE ENTITY19
IS INELIGIBLE TO RECEIVE A GRANT FOR THE FOLLOWING FIVE YEARS .20
(6) (a) (I) T
HE BOARD SHALL ESTABLISH CRITERIA AND POLICIES TO
21
DETERMINE WHICH GRANTS TO AWARD FROM THE GRANT APPLICATIONS ,22
WHICH CRITERIA AND POLICIES IT SHALL MAKE AVAILABLE TO APPLICANTS .23
(II) T
HE BOARD SHALL GIVE PRIORITY TO PROJECTS THAT ADVANCE
24
SUSTAINABLE DESIGN, PRODUCTION, RECOVERABILITY, REUSE, REPAIR, OR25
RECYCLING OF WASTE TIRES , WITH THE HIGHEST PRIORITY GIVEN TO26
PROJECTS THAT WOULD KEEP WASTE TIRE MATERIAL AVAILABLE FOR27
123
-29- REMANUFACTURING .1
(b) T
HE BOARD SHALL ESTABLISH POLICIES FOR THE GRANT
2
PROGRAM, WHICH MUST INCLUDE:3
(I) A
N APPLICATION FORM AND APPLICATION PROCEDURES ;
4
(II) A
DEADLINE EACH YEAR FOR WHEN GRANT PROGRAM
5
APPLICATIONS MUST BE SUBMITTED ;6
(III) A
POLICY THAT REQUIRES A GRANT RECIPIENT TO ENTER INTO
7
A GRANT AGREEMENT WITH THE BOARD THAT INCLUDES A SCOPE OF WORK8
AND DEADLINES FOR THE ACHIEVEMENT OF THAT WORK ;9
(IV) C
RITERIA FOR MEASURING PROGRESS OF THE PROJECTS THAT
10
RECEIVE FUNDING THROUGH THE GRANT PROGRAM ;11
(V) A
POLICY THAT REQUIRES ANNUAL REPORTING BY GRANT
12
RECIPIENTS ON THE PROGRESS OF THE PROJECT FINANCED BY THE GRANT ;13
AND14
(VI) A
POLICY REGARDING A GRANT RECIPIENT'S NONCOMPLIANCE
15
WITH THE GRANT AGREEMENT ENTERED INTO BY THE GRANT RECIPIENT 'S16
AND THE BOARD, WHICH POLICY MAY INCLUDE A MECHANISM FOR THE17
BOARD TO CONVERT THE GRANT RECIPIENT 'S GRANT TO A LOAN WITH18
INTEREST.19
(7) (a) T
HE GRANT PROGRAM IS FUNDED BY THE WASTE TIRE
20
ENTERPRISE FEE. THE BOARD MAY DESIGNATE UP TO TEN PERCENT OF THE21
REVENUE GENERATED FROM THE ENTERPRISE FEE TO THE GRANT PROGRAM22
IN ANY GIVEN YEAR.23
(b) T
HE BOARD SHALL NOT AWARD ANY GRANTS TO ELIGIBLE
24
ENTITIES THROUGH THE GRANT PROGRAM AFTER DECEMBER 31, 2040.25
(8) T
HIS SECTION IS REPEALED EFFECTIVE DECEMBER 31, 2042.
26
SECTION 9. Appropriation. (1) For the 2024-25 state fiscal27
123
-30- year, $60,208 is appropriated to the department of public health and1
environment. This appropriation is from the waste tire administration,2
enforcement, market development, and cleanup fund created in section3
30-20-1404 (1), C.R.S. To implement this act, the department may use4
this appropriation as follows:5
(a) $9,000 for use by the hazardous materials and waste6
management division for the solid waste control program; and 7
(b) $51,208 for the purchase of legal services.8
(2) For the 2024-25 state fiscal year, $51,208 is appropriated to9
the department of law. This appropriation is from reappropriated funds10
received from the department of public health and environment under11
subsection (1)(b) of this section and is based on an assumption that the12
department of law will require an additional 0.2 FTE. To implement this13
act, the department of law may use this appropriation to provide legal14
services for the department of public health and environment.15
SECTION 10. Effective date. This act takes effect upon passage;16
except that section 30-20-1403 (2.5), Colorado Revised Statutes, as added17
in section 3 of this act, takes effect on July 1, 2025; section 30-20-1404,18
Colorado Revised Statutes, as amended in section 4 of this act, takes19
effect on July 1, 2025; section 30-20-1405, Colorado Revised Statutes, as20
amended in section of 5 of this act, takes effect on July 1, 2025; section21
30-20-1405.5, as added in section 6 of this act, takes effect on July 1,22
2025; and section 30-20-1418, as added in section 8 of this act, takes23
effect on July 1, 2025.24
SECTION 11. Safety clause. The general assembly finds,25
determines, and declares that this act is necessary for the immediate26
preservation of the public peace, health, or safety or for appropriations for27
123
-31- the support and maintenance of the departments of the state and state1
institutions.2
123
-32-