Old | New | Differences | |
---|---|---|---|
1 | + | Second Regular Session | |
2 | + | Seventy-fourth General Assembly | |
3 | + | STATE OF COLORADO | |
4 | + | REREVISED | |
5 | + | This Version Includes All Amendments | |
6 | + | Adopted in the Second House | |
7 | + | LLS NO. 24-0517.01 Christopher McMichael x4775 | |
1 | 8 | SENATE BILL 24-123 | |
2 | - | BY SENATOR(S) Priola and Hansen, Jaquez Lewis, Winter F.; | |
3 | - | also REPRESENTATIVE(S) Mauro and Froelich, Amabile, Bird, | |
4 | - | Boesenecker, Brown, Duran, Garcia, Hamrick, Jodeh, Joseph, Kipp, | |
5 | - | Lindsay, Marshall, McCormick, McLachlan, Rutinel, Snyder, Story, | |
6 | - | Valdez, Vigil. | |
9 | + | Senate Committees House Committees | |
10 | + | Finance Finance | |
11 | + | Appropriations Appropriations | |
12 | + | A BILL FOR AN ACT | |
7 | 13 | C | |
8 | - | ONCERNING THE CREATION OF AN ENTERPRISE THAT IS EXEMPT FROM THE | |
9 | - | REQUIREMENTS OF SECTION | |
10 | - | 20 OF ARTICLE X OF THE STATE | |
11 | - | CONSTITUTION TO ADMINISTER A FEE | |
12 | - | -BASED WASTE TIRE | |
13 | - | MANAGEMENT PROGRAM | |
14 | - | , AND, IN CONNECTION THEREWITH, MAKING | |
15 | - | AN APPROPRIATION | |
16 | - | . | |
17 | - | ||
18 | - | Be it enacted by the General Assembly of the State of Colorado: | |
19 | - | SECTION 1. In Colorado Revised Statutes, 30-20-1401, amend (1) | |
20 | - | and (2) as follows: | |
21 | - | 30-20-1401. Legislative declaration - rules - enforcement - | |
22 | - | recyclable material. (1) The general assembly hereby | |
23 | - | finds and declares | |
24 | - | that: | |
25 | - | (a) In order to protect the environment and the public health, there | |
26 | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative | |
27 | - | officers and the Governor. To determine whether the Governor has signed the bill | |
28 | - | or taken other action on it, please consult the legislative status sheet, the legislative | |
29 | - | history, or the Session Laws. | |
30 | - | ________ | |
31 | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes | |
32 | - | through words or numbers indicate deletions from existing law and such material is not part of | |
33 | - | the act. is a special need to address problems created by the disposal of waste tires | |
34 | - | and the lack of recycling and beneficial use REUSE of waste tires; It is the | |
35 | - | policy of this state to pursue proposals for recycling and other beneficial use | |
36 | - | of waste tires in lieu of storage or landfill disposal, and, in addition, it is the | |
37 | - | intent of the general assembly | |
38 | - | (b) In adopting this part 14, to encourage THE GENERAL ASSEMBLY | |
39 | - | HAS ENCOURAGED | |
40 | - | the development of techniques for resource recovery, | |
41 | - | recycling, and reuse of waste tires; and to provide for the management ofwaste tires. HOWEVER, THERE IS STILL ROOM FOR IMPROVEMENT REGARDING | |
42 | - | THE MANAGEMENT OF WASTE TIRES IN | |
14 | + | ONCERNING THE CREATION OF AN ENTERPRISE THAT IS EXEMPT FROM101 | |
15 | + | THE REQUIREMENTS OF SECTION 20 OF ARTICLE X OF THE STATE102 | |
16 | + | CONSTITUTION TO ADMINISTER A FEE -BASED WASTE TIRE103 | |
17 | + | MANAGEMENT PROGRAM , AND, IN CONNECTION THEREWITH , | |
18 | + | 104 | |
19 | + | MAKING AN APPROPRIATION .105 | |
20 | + | Bill Summary | |
21 | + | (Note: This summary applies to this bill as introduced and does | |
22 | + | not reflect any amendments that may be subsequently adopted. If this bill | |
23 | + | passes third reading in the house of introduction, a bill summary that | |
24 | + | applies to the reengrossed version of this bill will be available at | |
25 | + | http://leg.colorado.gov | |
26 | + | .) | |
27 | + | The bill creates the waste tire management enterprise (enterprise). | |
28 | + | Under current law, when a consumer buys new tires, the retailer charges | |
29 | + | HOUSE | |
30 | + | 3rd Reading Unamended | |
31 | + | May 4, 2024 | |
32 | + | HOUSE | |
33 | + | Amended 2nd Reading | |
34 | + | May 3, 2024 | |
35 | + | SENATE | |
36 | + | 3rd Reading Unamended | |
37 | + | April 17, 2024 | |
38 | + | SENATE | |
39 | + | Amended 2nd Reading | |
40 | + | April 16, 2024 | |
41 | + | SENATE SPONSORSHIP | |
42 | + | Priola and Hansen, Jaquez Lewis, Winter F. | |
43 | + | HOUSE SPONSORSHIP | |
44 | + | Mauro and Froelich, Amabile, Bird, Boesenecker, Brown, Duran, Garcia, Hamrick, Jodeh, | |
45 | + | Joseph, Kipp, Lindsay, Marshall, McCormick, McLachlan, Rutinel, Snyder, Story, Valdez, | |
46 | + | Vigil | |
47 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. | |
48 | + | Capital letters or bold & italic numbers indicate new material to be added to existing law. | |
49 | + | 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 | |
50 | + | of public health and environment (department) and distributed into 2 | |
51 | + | separate cash funds: | |
52 | + | ! The waste tire administration, enforcement, market | |
53 | + | development, and cleanup fund; and | |
54 | + | ! The end users fund. | |
55 | + | The department uses the money in the waste tire administration, | |
56 | + | enforcement, market development, and cleanup fund for various purposes | |
57 | + | related to waste tire recycling and management. The department uses the | |
58 | + | money in the end users fund to issue rebates to end users of waste tires. | |
59 | + | The bill shifts the following responsibilities from the department | |
60 | + | to the enterprise: | |
61 | + | ! Collecting the fee; | |
62 | + | ! Managing the waste tire administration, enforcement, | |
63 | + | market development, and cleanup fund and the end users | |
64 | + | fund; | |
65 | + | ! Issuing rebates to end users; and | |
66 | + | ! In conjunction with the solid and hazardous waste | |
67 | + | commission, overseeing the activities of waste tire haulers, | |
68 | + | waste tire generators, waste tire collection facilities, waste | |
69 | + | tire processors, mobile processors, waste tire monofills, end | |
70 | + | users, and used tire management. | |
71 | + | The bill extends the amount of time that the fee may be collected, | |
72 | + | from December 31, 2025, until December 31, 2040. | |
73 | + | The enterprise is operated by a board of directors appointed by the | |
74 | + | executive director of the department. The enterprise's primary duties and | |
75 | + | functions are to: | |
76 | + | ! Collect the fee; | |
77 | + | ! Promote waste tire recycling and management strategies for | |
43 | 78 | Colorado; | |
79 | + | ! Issue revenue bonds; | |
80 | + | ! Publish waste tire recycling and management strategies | |
81 | + | online; and | |
82 | + | ! Engage the services of contractors, consultants, or legal | |
83 | + | counsel to provide professional and technical assistance | |
84 | + | related to the conduct of the enterprise. | |
85 | + | Because the enterprise is a government-owned business, the | |
86 | + | revenue generated by the enterprise is not subject to section 20 of article | |
87 | + | X of the state constitution. | |
88 | + | Be it enacted by the General Assembly of the State of Colorado:1 | |
89 | + | SECTION 1. In Colorado Revised Statutes, 30-20-1401, amend2 | |
90 | + | 123-2- (1) and (2) as follows:1 | |
91 | + | 30-20-1401. Legislative declaration - rules - enforcement -2 | |
92 | + | recyclable material. (1) The general assembly hereby finds and declares3 | |
93 | + | that:4 | |
94 | + | (a) In order to protect the environment and the public health, there5 | |
95 | + | is a special need to address problems created by the disposal of waste tires6 | |
96 | + | and the lack of recycling and beneficial use REUSE of waste tires; It is the7 | |
97 | + | policy of this state to pursue proposals for recycling and other beneficial8 | |
98 | + | use of waste tires in lieu of storage or landfill disposal, and, in addition,9 | |
99 | + | it is the intent of the general assembly10 | |
100 | + | (b) In adopting this part 14, to encourage THE GENERAL ASSEMBLY11 | |
101 | + | HAS ENCOURAGED the development of techniques for resource recovery,12 | |
102 | + | recycling, and reuse of waste tires; and to provide for the management of13 | |
103 | + | waste tires. HOWEVER, THERE IS STILL ROOM FOR IMPROVEMENT14 | |
104 | + | REGARDING THE MANAGEMENT OF WASTE TIRES IN COLORADO;15 | |
44 | 105 | (c) T | |
45 | - | HE MANAGEMENT OF WASTE TIRES AT THE STATE LEVEL | |
46 | - | PROMOTES ECONOMIC DEVELOPMENT AND PROVIDES SUBSTANTIAL | |
47 | - | ENVIRONMENTAL IMPACTS ACROSS THE STATE | |
48 | - | ; | |
106 | + | HE MANAGEMENT OF WASTE TIRES AT THE STATE LEVEL16 | |
107 | + | PROMOTES ECONOMIC DEVELOPMENT AND PROVIDES SUBSTANTIAL17 | |
108 | + | ENVIRONMENTAL IMPACTS ACROSS THE STATE ;18 | |
49 | 109 | (d) I | |
50 | - | T IS IN THE STATE'S INTEREST TO PROVIDE FOR THE RECOVERY , | |
51 | - | RECYCLING, REUSE, AND MANAGEMENT OF WASTE TIRES THR OUGH A | |
52 | - | GOVERNMENT | |
53 | - | -RUN ENTERPRISE; | |
110 | + | T IS IN THE STATE'S INTEREST TO PROVIDE FOR THE RECOVERY,19 | |
111 | + | RECYCLING, REUSE, AND MANAGEMENT OF WASTE TIRES THROUGH A20 | |
112 | + | GOVERNMENT-RUN ENTERPRISE;21 | |
54 | 113 | (e) P | |
55 | 114 | ROVIDING STATEWIDE WASTE TIRE RECYCLING , BENEFICIAL | |
56 | - | REUSE | |
57 | - | , AND MANAGEMENT CONSTITUTES A VALUABLE SERVICE AND | |
58 | - | BENEFIT | |
59 | - | , AND A WASTE TIRE MANAGEMENT ENTERPRISE WOULD PROVIDE | |
60 | - | USEFUL BUSINESS SERVICES TO TIRE RETAILERS | |
61 | - | , AUTOMOBILE DEALERS, | |
62 | - | AUTOMOBILE REPAIR SHOPS , SERVICE STATIONS, AUTOMOTIVE FLEET | |
63 | - | CENTERS | |
64 | - | , WASTE TIRE HAULERS, WASTE TIRE COLLECTION FACILITIES, WASTE | |
65 | - | TIRE PROCESSORS | |
66 | - | , RECYCLING AND WASTE FACILITIES , LANDFILLS, | |
67 | - | CONSUMERS, AND ALL RESIDENTS OF COLORADO; | |
115 | + | 22 | |
116 | + | REUSE, AND MANAGEMENT CONSTITUTES A VALUABLE SERVICE AND23 | |
117 | + | BENEFIT, AND A WASTE TIRE MANAGEMENT ENTERPRISE WOULD PROVIDE24 | |
118 | + | USEFUL BUSINESS SERVICES TO TIRE RETAILERS , AUTOMOBILE DEALERS,25 | |
119 | + | AUTOMOBILE REPAIR SHOPS , SERVICE STATIONS, AUTOMOTIVE FLEET26 | |
120 | + | CENTERS, WASTE TIRE HAULERS, WASTE TIRE COLLECTION FACILITIES,27 | |
121 | + | 123 | |
122 | + | -3- WASTE TIRE PROCESSORS, RECYCLING AND WASTE FACILITIES, LANDFILLS,1 | |
123 | + | CONSUMERS, AND ALL RESIDENTS OF COLORADO;2 | |
68 | 124 | (f) T | |
69 | 125 | HE WASTE TIRE MANAGEMENT ENTERPRISE WILL AID IN THE | |
70 | - | PROPER MANAGEMENT OF WASTE TIRES BY PROVIDING FINANCIAL | |
71 | - | INCENTIVES AND REBATES FOR THE RECYCLING OF WASTE TIRES INTO | |
72 | - | END | |
73 | - | -USE TIRE-DERIVED PRODUCTS, WHICH FINANCIAL INCENTIVES AND | |
74 | - | REBATES DIRECTLY COMPENSATE PEOPLE WHO PROPERLY DISPOSE OF OR | |
75 | - | RECYCLE WASTE TIRES | |
76 | - | , PROVIDE FEE PAYERS MORE CONVENIENT WASTE TIRE | |
77 | - | AND DISPOSAL OPTIONS | |
78 | - | , INCREASE THE PRODUCTION OF TIRE -DERIVED | |
79 | - | PRODUCTS | |
80 | - | , AND POSITIVELY IMPACT HUMAN HEALTH AND SAFETY AND THE | |
81 | - | ENVIRONMENT | |
82 | - | ; | |
83 | - | (g) I | |
84 | - | T IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF | |
85 | - | PAGE 2-SENATE BILL 24-123 THE STATE TO ACKNOWLEDGE THAT , BY PROVIDING THE BUSINESS SERVICES | |
86 | - | SPECIFIED IN THIS PART | |
87 | - | 14, THE ENTERPRISE ENGAGES IN AN ACTIVITY | |
88 | - | CONDUCTED IN THE PURSUIT OF A BENEFIT | |
89 | - | , GAIN, OR LIVELIHOOD AND | |
90 | - | THEREFORE OPERATES AS A BUSINESS | |
91 | - | ; | |
92 | - | (h) C | |
93 | - | ONSISTENT WITH THE DETERMINATION OF THE COLORADO | |
94 | - | SUPREME COURT IN | |
95 | - | NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896 | |
126 | + | 3 | |
127 | + | PROPER MANAGEMENT OF WASTE TIRES BY PROVIDING FINANCIAL4 | |
128 | + | INCENTIVES AND REBATES FOR THE RECYCLING OF WASTE TIRES INTO5 | |
129 | + | END-USE TIRE-DERIVED PRODUCTS, WHICH FINANCIAL INCENTIVES AND6 | |
130 | + | REBATES DIRECTLY COMPENSATE PEOPLE WHO PROPERLY DISPOSE OF OR7 | |
131 | + | RECYCLE WASTE TIRES, PROVIDE FEE PAYERS MORE CONVENIENT WASTE8 | |
132 | + | TIRE AND DISPOSAL OPTIONS, INCREASE THE PRODUCTION OF TIRE-DERIVED9 | |
133 | + | PRODUCTS, AND POSITIVELY IMPACT HUMAN HEALTH AND SAFETY AND10 | |
134 | + | THE ENVIRONMENT;11 | |
135 | + | (g) IT IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF12 | |
136 | + | THE STATE TO ACKNOWLEDGE THAT , BY PROVIDING THE BUSINESS13 | |
137 | + | SERVICES SPECIFIED IN THIS PART 14, THE ENTERPRISE ENGAGES IN AN14 | |
138 | + | ACTIVITY CONDUCTED IN THE PURSUIT OF A BENEFIT, GAIN, OR LIVELIHOOD15 | |
139 | + | AND THEREFORE OPERATES AS A BUSINESS ;16 | |
140 | + | (h) CONSISTENT WITH THE DETERMINATION OF THE COLORADO17 | |
141 | + | SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89618 | |
96 | 142 | P.2d 859 | |
97 | - | (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS INCONSISTENT | |
98 | - | WITH ENTERPRISE STATUS UNDER SECTION | |
99 | - | 20 OF ARTICLE X OF THE STATE | |
100 | - | CONSTITUTION | |
101 | - | , IT IS THE CONCLUSION OF THE GENERAL ASSEMBLY THAT THE | |
102 | - | WASTE TIRE ENTERPRISE FEE COLLECTED BY THE ENTERPRISE IS A FEE | |
103 | - | , NOT | |
104 | - | A TAX | |
105 | - | , BECAUSE THE FEE IS IMPOSED FOR THE SPECIFIC PURPOSE OF | |
106 | - | ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE | |
107 | - | BUSINESS SERVICES SPECIFIED IN SECTIONS | |
108 | - | 30-20-1404 AND 30-20-1405 TO | |
109 | - | CONSUMERS WHO ULTIMATELY PAY THE ENTERPRISE FEE | |
110 | - | , WHICH ENTERPRISE | |
111 | - | FEE IS IMPOSED AT RATES THAT ARE REASONABLY CALCULATED BASED ON | |
112 | - | THE COST OF PROVIDING THE SERVICES NEEDED BY THOSE CONSUMERS | |
113 | - | ; | |
114 | - | (i) S | |
115 | - | O LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR | |
116 | - | THE PURPOSES OF SECTION | |
117 | - | 20 OF ARTICLE X OF THE STATE CONSTITUTION, | |
118 | - | THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE COLLECTED BY THE | |
119 | - | ENTERPRISE IS NOT STATE FISCAL YEAR SPENDING | |
120 | - | , AS DEFINED IN SECTION | |
121 | - | 24-77-102 (17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.6 | |
143 | + | (COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS19 | |
144 | + | INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE20 | |
145 | + | X | |
146 | + | OF THE STATE CONSTITUTION, IT IS THE CONCLUSION OF THE GENERAL21 | |
147 | + | ASSEMBLY THAT THE WASTE TIRE ENTERPRISE FEE | |
148 | + | COLLECTED BY THE22 | |
149 | + | ENTERPRISE IS A FEE, NOT A TAX, BECAUSE THE FEE IS IMPOSED FOR THE23 | |
150 | + | SPECIFIC PURPOSE OF ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS24 | |
151 | + | OF PROVIDING THE BUSINESS SERVICES SPECIFIED IN SECTIONS 30-20-140425 | |
152 | + | AND 30-20-1405 TO CONSUMERS WHO ULTIMATELY PAY THE ENTERPRISE26 | |
153 | + | FEE, WHICH ENTERPRISE FEE IS IMPOSED AT RATES THAT ARE REASONABLY27 | |
154 | + | 123 | |
155 | + | -4- CALCULATED BASED ON THE COST OF PROVIDING THE SERVICES NEEDED BY1 | |
156 | + | THOSE CONSUMERS;2 | |
157 | + | (i) SO LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR3 | |
158 | + | THE PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION,4 | |
159 | + | THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE COLLECTED BY THE5 | |
160 | + | ENTERPRISE IS NOT STATE FISCAL YEAR SPENDING, AS DEFINED IN SECTION6 | |
161 | + | 24-77-102 | |
162 | + | (17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.67 | |
122 | 163 | (6)(c), | |
123 | - | AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR | |
124 | - | SPENDING LIMIT IMPOSED BY SECTION | |
125 | - | 20 OF ARTICLE X OF THE STATE | |
126 | - | CONSTITUTION OR THE EXCESS STATE REVENUES CAP | |
127 | - | , AS DEFINED IN SECTION | |
128 | - | 24-77-103.6 (6)(b)(I); AND | |
129 | - | (j) THE ENTERPRISE CREATED IN THIS PART 14 IS NECESSARY TO | |
130 | - | CONTINUE | |
131 | - | COLORADO'S MANAGEMENT OF WASTE TIRES AND PROVIDE | |
132 | - | INCENTIVES TO LOCAL GOVERNMENTS | |
133 | - | ; FOR-PROFIT WASTE TIRE | |
134 | - | MANAGEMENT | |
135 | - | , RECYCLING, AND REUSE COMPANIES ; AND OTHER | |
136 | - | ORGANIZATIONS THAT ARE INVOLVED IN WASTE TIRE RECYCLING | |
137 | - | , | |
138 | - | BENEFICIAL REUSE, AND MANAGEMENT. | |
139 | - | (2) (a) By May 31, 2015, | |
140 | - | The commission, IN CONSULTATION WITH | |
141 | - | THE ENTERPRISE | |
142 | - | , shall promulgate rules for the implementation and | |
143 | - | enforcement of this part 14. Until the commission promulgates rules toimplement and enforce this part 14, the commission's rules in effect on July | |
144 | - | 1, 2014, governing waste tires continue to apply to the extent that they do | |
145 | - | PAGE 3-SENATE BILL 24-123 not conflict with this part 14 SECTIONS 30-20-1403, 30-20-1404, AND | |
146 | - | 30-20-1405, AS APPLICABLE. | |
164 | + | AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR8 | |
165 | + | SPENDING LIMIT IMPOSED BY SECTION 20 OF ARTICLE X OF THE STATE9 | |
166 | + | CONSTITUTION OR THE EXCESS STATE REVENUES CAP , AS DEFINED IN10 | |
167 | + | SECTION 24-77-103.6 (6)(b)(I); AND11 | |
168 | + | (j) | |
169 | + | THE ENTERPRISE CREATED IN THIS PART 14 IS NECESSARY TO12 | |
170 | + | CONTINUE COLORADO'S MANAGEMENT OF WASTE TIRES AND PROVIDE13 | |
171 | + | INCENTIVES TO LOCAL GOVERNMENTS ; FOR-PROFIT WASTE TIRE14 | |
172 | + | MANAGEMENT, RECYCLING, AND REUSE COMPANIES ; AND OTHER15 | |
173 | + | ORGANIZATIONS THAT ARE INVOLVED IN WASTE TIRE RECYCLING ,16 | |
174 | + | BENEFICIAL REUSE, AND MANAGEMENT.17 | |
175 | + | (2) (a) By May 31, 2015, The commission, IN CONSULTATION18 | |
176 | + | WITH THE ENTERPRISE, shall promulgate rules for the implementation and19 | |
177 | + | enforcement of this part 14. Until the commission promulgates rules to20 | |
178 | + | implement and enforce this part 14, the commission's rules in effect on21 | |
179 | + | July 1, 2014, governing waste tires continue to apply to the extent that22 | |
180 | + | they do not conflict with this part 14 SECTIONS 30-20-1403, 30-20-1404,23 | |
181 | + | AND 30-20-1405, AS APPLICABLE.24 | |
147 | 182 | (b) T | |
148 | 183 | HE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT , | |
149 | - | ||
150 | - | ||
151 | - | 30-20-1403 AND 30-20-1405.5 AND OTHER SECTIONS OF | |
152 | - | ||
153 | - | 14, AS APPLICABLE. | |
154 | - | SECTION 2. In Colorado Revised Statutes, 30-20-1402, | |
155 | - | (4.5), (12.5), and (14.5) as follows: | |
156 | - | 30-20-1402. Definitions. As used in this part 14, unless | |
157 | - | otherwise requires: | |
184 | + | 25 | |
185 | + | SHALL PROMULGATE RULES FOR THE IMPLEMENTATION AND ENFORCEMENT26 | |
186 | + | OF SECTIONS 30-20-1403 AND 30-20-1405.5 AND OTHER SECTIONS OF THIS27 | |
187 | + | 123 | |
188 | + | -5- PART 14, AS APPLICABLE.1 | |
189 | + | SECTION 2. In Colorado Revised Statutes, 30-20-1402, add2 | |
190 | + | (1.7), (4.5), (12.5), and (14.5) as follows:3 | |
191 | + | 30-20-1402. Definitions. As used in this part 14, unless the4 | |
192 | + | context otherwise requires:5 | |
158 | 193 | (1.7) "B | |
159 | - | OARD OF DIRECTORS" OR "BOARD" MEANS THE BOARD OF | |
160 | - | DIRECTORS OF THE ENTERPRISE | |
161 | - | . | |
194 | + | OARD OF DIRECTORS" OR "BOARD" MEANS THE BOARD OF6 | |
195 | + | DIRECTORS OF THE ENTERPRISE.7 | |
162 | 196 | (4.5) "E | |
163 | - | NTERPRISE" MEANS THE WASTE TIRE MANAGEMENT | |
164 | - | ENTERPRISE CREATED IN SECTION | |
165 | - | 30-20-1403. | |
197 | + | NTERPRISE" MEANS THE WASTE TIRE MANAGEMENT8 | |
198 | + | ENTERPRISE CREATED IN SECTION 30-20-1403.9 | |
166 | 199 | (12.5) "W | |
167 | 200 | ASTE TIRE ADMINISTRATION FEE" OR "ADMINISTRATION | |
168 | - | FEE | |
169 | - | " MEANS MONEY COLLECTED PURSUANT TO SECTION 30-20-1403 (2.5)(b). | |
201 | + | 10 | |
202 | + | FEE" MEANS MONEY COLLECTED PURSUANT TO SECTION 30-20-140311 | |
203 | + | (2.5)(b).12 | |
170 | 204 | (14.5) "W | |
171 | 205 | ASTE TIRE ENTERPRISE FEE" OR "ENTERPRISE FEE" MEANS | |
172 | - | ||
173 | - | 30-20-1403 (2.5)(a). | |
174 | - | SECTION 3. In Colorado Revised Statutes, 30-20-1403, | |
175 | - | (1.5), (2)(c), (2.5), and (3) as follows: | |
176 | - | 30-20-1403. Waste tire recycling, beneficial reuse, | |
177 | - | management - waste tire fees - distribution - rules | |
206 | + | 13 | |
207 | + | MONEY COLLECTED PURSUANT TO SECTION 30-20-1403 (2.5)(a).14 | |
208 | + | SECTION 3. In Colorado Revised Statutes, 30-20-1403, add15 | |
209 | + | (1)(c), (1.5), (2)(c), (2.5), and (3) as follows:16 | |
210 | + | 30-20-1403. Waste tire recycling, beneficial reuse, and17 | |
211 | + | management - waste tire fees - distribution - rules. (1) (c) T | |
178 | 212 | HIS | |
179 | - | ||
180 | - | (1) IS REPEALED, EFFECTIVE JULY 1, 2025. | |
213 | + | 18 | |
214 | + | SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2025.19 | |
181 | 215 | (1.5) Enterprise. (a) (I) T | |
182 | 216 | HERE IS CREATED IN THE DEPARTMENT | |
183 | - | THE WASTE TIRE MANAGEMENT ENTERPRISE | |
184 | - | . THE ENTERPRISE IS AND | |
185 | - | OPERATES AS A GOVERNMENT | |
186 | - | -OWNED BUSINESS WITHIN THE DEPARTMENT | |
187 | - | TO COLLECT THE WASTE TIRE ENTERPRISE FEE CHARGED BY RETAILERS OF | |
188 | - | NEW TIRES PURSUANT TO SUBSECTION | |
189 | - | (2.5) OF THIS SECTION AND TO USE THE | |
190 | - | WASTE TIRE ENTERPRISE FEE TO PROMOTE WASTE TIRE RECYCLING | |
191 | - | , | |
192 | - | BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN COLORADO. | |
193 | - | PAGE 4-SENATE BILL 24-123 (II) THE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED | |
194 | - | BUSINESS WITHIN THE DEPARTMENT FOR THE PURPOSE OF CONDUCTING THE | |
195 | - | BUSINESS ACTIVITIES SPECIFIED IN THIS SECTION | |
196 | - | . THE ENTERPRISE IS A TYPE | |
197 | - | 1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND | |
198 | - | PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT | |
199 | - | . | |
217 | + | 20 | |
218 | + | THE WASTE TIRE MANAGEMENT ENTERPRISE . THE ENTERPRISE IS AND21 | |
219 | + | OPERATES AS A GOVERNMENT-OWNED BUSINESS WITHIN THE DEPARTMENT22 | |
220 | + | TO COLLECT THE WASTE TIRE ENTERPRISE FEE CHARGED BY RETAILERS OF23 | |
221 | + | NEW TIRES PURSUANT TO SUBSECTION (2.5) OF THIS SECTION AND TO USE24 | |
222 | + | THE WASTE TIRE ENTERPRISE FEE TO PROMOTE WASTE TIRE RECYCLING ,25 | |
223 | + | BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN COLORADO.26 | |
224 | + | (II) T | |
225 | + | HE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED27 | |
226 | + | 123 | |
227 | + | -6- BUSINESS WITHIN THE DEPARTMENT FOR THE PURPOSE OF CONDUCTING1 | |
228 | + | THE BUSINESS ACTIVITIES SPECIFIED IN THIS SECTION. THE ENTERPRISE IS2 | |
229 | + | A TYPE 1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS3 | |
230 | + | POWERS AND PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE4 | |
231 | + | DEPARTMENT.5 | |
200 | 232 | (III) T | |
201 | - | HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES | |
202 | - | OF SECTION | |
203 | - | 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT | |
204 | - | RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS | |
205 | - | THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL | |
206 | - | COLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT | |
207 | - | CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION | |
208 | - | (1.5)(a), THE | |
209 | - | ENTERPRISE IS NOT SUBJECT TO SECTION | |
210 | - | 20 OF ARTICLE X OF THE STATE | |
211 | - | CONSTITUTION | |
212 | - | . | |
233 | + | HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES6 | |
234 | + | OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT7 | |
235 | + | RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS8 | |
236 | + | THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL9 | |
237 | + | C | |
238 | + | OLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT10 | |
239 | + | CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION (1.5)(a), | |
240 | + | 11 | |
241 | + | THE ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE12 | |
242 | + | STATE CONSTITUTION.13 | |
243 | + | 14 | |
213 | 244 | (b) T | |
214 | - | HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO : | |
245 | + | HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :15 | |
215 | 246 | (I) C | |
216 | - | OLLECT THE WASTE TIRE ENTERPRISE FEE; | |
247 | + | OLLECT THE WASTE TIRE ENTERPRISE FEE | |
248 | + | ;16 | |
217 | 249 | (II) P | |
218 | - | ROMOTE WASTE TIRE RECYCLING , BENEFICIAL REUSE, | |
219 | - | ||
220 | - | COLORADO; | |
250 | + | ROMOTE WASTE TIRE RECYCLING , BENEFICIAL REUSE, | |
251 | + | AND17 | |
252 | + | MANAGEMENT STRATEGIES THROUGHOUT COLORADO;18 | |
221 | 253 | (III) I | |
222 | - | SSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF | |
223 | - | ENTERPRISE TO PROMOTE THE WASTE TIRE RECYCLING | |
224 | - | ||
225 | - | AND MANAGEMENT STRATEGIES SPECIFIED IN THIS SECTION ; | |
254 | + | SSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF THE19 | |
255 | + | ENTERPRISE TO PROMOTE THE WASTE TIRE RECYCLING , BENEFICIAL REUSE, | |
256 | + | 20 | |
257 | + | AND MANAGEMENT STRATEGIES SPECIFIED IN THIS SECTION ;21 | |
226 | 258 | (IV) P | |
227 | - | UBLISH EACH YEAR, ON THE DEPARTMENT'S WEBSITE AND AS | |
228 | - | OTHERWISE DEEMED APPROPRIATE BY THE BOARD | |
229 | - | , THE WASTE TIRE | |
230 | - | RECYCLING | |
231 | - | , BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES THAT THE | |
232 | - | BOARD HAS PRIORITIZED THROUGH THE COLLECTION OF THE WASTE TIRE | |
233 | - | ENTERPRISE FEE | |
234 | - | ; | |
259 | + | UBLISH EACH YEAR, ON THE DEPARTMENT'S WEBSITE AND AS22 | |
260 | + | OTHERWISE DEEMED APPROPRIATE BY THE BOARD , THE WASTE TIRE23 | |
261 | + | RECYCLING, BENEFICIAL REUSE, | |
262 | + | AND MANAGEMENT STRATEGIES THAT THE24 | |
263 | + | BOARD HAS PRIORITIZED THROUGH THE COLLECTION OF THE WASTE TIRE25 | |
264 | + | ENTERPRISE FEE;26 | |
235 | 265 | (V) A | |
236 | - | DOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION OF | |
237 | - | THE ENTERPRISE | |
238 | - | 'S AFFAIRS AND THE CONDUCT OF THE ENTERPRISE 'S | |
239 | - | BUSINESS CONSISTENT WITH THIS PART | |
240 | - | 14; | |
266 | + | DOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION OF27 | |
267 | + | 123 | |
268 | + | -7- THE ENTERPRISE'S AFFAIRS AND THE CONDUCT OF THE ENTERPRISE 'S1 | |
269 | + | BUSINESS CONSISTENT WITH THIS PART 14; 2 | |
241 | 270 | (VI) (A) C | |
242 | 271 | ONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY , | |
243 | - | ||
244 | - | ||
245 | - | , FOR PROFESSIONAL AND TECHNICAL ASSISTANCE , | |
246 | - | ADMINISTRATIVE SERVICES | |
247 | - | ||
248 | - | ||
249 | - | ENCOURAGE DIVERSITY IN APPLICANTS FOR CONTRACTS | |
250 | - | ||
251 | - | -SOURCE BIDS. | |
272 | + | 3 | |
273 | + | INCLUDING STATE AGENCIES , CONSULTANTS, AND THE ATTORNEY4 | |
274 | + | GENERAL'S OFFICE, FOR PROFESSIONAL AND TECHNICAL ASSISTANCE ,5 | |
275 | + | OFFICE SPACE AND ADMINISTRATIVE SERVICES , ADVICE, AND OTHER6 | |
276 | + | SERVICES RELATED TO THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE .7 | |
277 | + | T | |
278 | + | HE BOARD SHALL ENCOURAGE DIVERSITY IN APPLICANTS FOR CONTRACTS | |
279 | + | 8 | |
280 | + | AND SHALL GENERALLY AVOID USING SINGLE -SOURCE BIDS.9 | |
252 | 281 | (B) T | |
253 | 282 | HE ENTERPRISE SHALL PAY A FAIR MARKET RATE TO ANY | |
254 | - | PUBLIC ENTITY | |
255 | - | , PRIVATE ENTITY, CONTRACTOR, OR CONSULTANT, WHICH | |
256 | - | MAY INCLUDE A STATE AGENCY | |
257 | - | , THE ATTORNEY GENERAL'S OFFICE, OR THE | |
258 | - | DEPARTMENT | |
259 | - | , THAT IS HIRED BY THE ENTERPRISE TO PERFORM DUTIES | |
260 | - | PURSUANT TO THIS SUBSECTION | |
261 | - | (1.5)(b). | |
262 | - | (VII) P | |
263 | - | REPARE AND SUBMIT AN ANNUAL FINANCIAL REPORT | |
264 | - | PURSUANT TO SUBSECTION | |
265 | - | (1.5)(i) OF THIS SECTION. | |
283 | + | 10 | |
284 | + | PUBLIC ENTITY, PRIVATE ENTITY, CONTRACTOR, OR CONSULTANT, WHICH11 | |
285 | + | MAY INCLUDE A STATE AGENCY , THE ATTORNEY GENERAL'S OFFICE, OR12 | |
286 | + | THE DEPARTMENT, THAT IS HIRED BY THE ENTERPRISE TO PERFORM DUTIES13 | |
287 | + | PURSUANT TO THIS SUBSECTION (1.5)(b); AND14 | |
288 | + | (VII) PREPARE AND SUBMIT AN ANNUAL FINANCIAL REPORT15 | |
289 | + | PURSUANT TO SUBSECTION (1.5)(i) OF THIS SECTION.16 | |
266 | 290 | (c) T | |
267 | - | HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS . THE | |
268 | - | BOARD CONSISTS OF THE FOLLOWING NINE MEMBERS | |
269 | - | : | |
291 | + | HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS . THE17 | |
292 | + | BOARD CONSISTS OF THE FOLLOWING NINE MEMBERS :18 | |
270 | 293 | (I) T | |
271 | - | WO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE | |
272 | - | DEPARTMENT TO REPRESENT THE DEPARTMENT | |
273 | - | , INCLUDING ONE WITH | |
274 | - | EXPERTISE IN SUSTAINABILITY AND ONE WITH EXPERTISE IN COMPLIANCE | |
275 | - | ; | |
294 | + | WO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF19 | |
295 | + | THE DEPARTMENT TO REPRESENT THE DEPARTMENT , INCLUDING ONE WITH20 | |
296 | + | EXPERTISE IN SUSTAINABILITY AND ONE WITH EXPERTISE IN COMPLIANCE ;21 | |
276 | 297 | (II) O | |
277 | - | NE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE | |
278 | - | DEPARTMENT WHO REPRESENTS A COUNTY THAT HAS EXPERIENCE WITH THE | |
279 | - | MANAGEMENT OF WASTE TIRES | |
280 | - | ; AND | |
281 | - | (III) SIX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE | |
282 | - | DEPARTMENT WHO ARE REPRESENTATIVES OF NONPROFIT AND FOR | |
283 | - | -PROFIT | |
284 | - | ENTITIES ENGAGED IN THE RECOVERY | |
285 | - | , RECYCLING, REUSE, AND | |
286 | - | MANAGEMENT OF WASTE TIRES | |
287 | - | , INCLUDING A TIRE RETAILER, A WASTE TIRE | |
288 | - | COLLECTION FACILITY | |
289 | - | , A WASTE TIRE PROCESSOR , AND A WASTE TIRE | |
290 | - | HAULER | |
291 | - | . TO THE EXTENT PRACTICABLE, THE REPRESENTATION OF NONPROFIT | |
292 | - | AND FOR | |
293 | - | -PROFIT ENTITIES MUST BE BALANCED EQUALLY . | |
298 | + | NE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE22 | |
299 | + | DEPARTMENT WHO REPRESENTS A COUNTY THAT HAS EXPERIENCE WITH | |
300 | + | 23 | |
301 | + | THE MANAGEMENT OF WASTE TIRES; AND24 | |
302 | + | (III) S | |
303 | + | IX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF25 | |
304 | + | THE DEPARTMENT WHO ARE REPRESENTATIVES OF NONPROFIT AND26 | |
305 | + | FOR-PROFIT ENTITIES ENGAGED IN THE RECOVERY , RECYCLING, REUSE,27 | |
306 | + | 123 | |
307 | + | -8- AND MANAGEMENT OF WASTE TIRES , INCLUDING A TIRE RETAILER, A1 | |
308 | + | WASTE TIRE COLLECTION FACILITY , A WASTE TIRE PROCESSOR, AND A2 | |
309 | + | WASTE TIRE HAULER. TO THE EXTENT PRACTICABLE, THE REPRESENTATION3 | |
310 | + | OF NONPROFIT AND FOR-PROFIT ENTITIES MUST BE BALANCED EQUALLY .4 | |
294 | 311 | (d) O | |
295 | - | F THE MEMBERS APPOINTED TO THE BOARD OF DIRECTORS | |
296 | - | PURSUANT TO SUBSECTION | |
297 | - | (1.5)(c)(III) OF THIS SECTION, AT LEAST ONE | |
298 | - | MEMBER MUST DO BUSINESS IN A RURAL COUNTY IN THE STATE | |
299 | - | . | |
312 | + | F THE MEMBERS APPOINTED TO THE BOARD OF DIRECTORS5 | |
313 | + | PURSUANT TO SUBSECTION (1.5)(c)(III) | |
314 | + | OF THIS SECTION, AT LEAST ONE6 | |
315 | + | MEMBER MUST DO BUSINESS IN A RURAL COUNTY IN THE STATE .7 | |
300 | 316 | (e) (I) T | |
301 | - | HE MEMBER REPRESENTING THE DEPARTMENT WHO HAS | |
302 | - | EXPERTISE IN SUSTAINABILITY AND IS APPOINTED PURSUANT TO SUBSECTION | |
303 | - | (1.5)(c)(I) OF THIS SECTION SHALL CALL THE FIRST MEETING OF THE BOARD . | |
304 | - | PAGE 6-SENATE BILL 24-123 (II) THE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS | |
305 | - | TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS | |
306 | - | . | |
317 | + | HE MEMBER REPRESENTING THE DEPARTMENT WHO HAS8 | |
318 | + | EXPERTISE IN SUSTAINABILITY AND IS APPOINTED PURSUANT TO9 | |
319 | + | SUBSECTION (1.5)(c)(I) | |
320 | + | OF THIS SECTION SHALL CALL THE FIRST MEETING10 | |
321 | + | OF THE BOARD.11 | |
322 | + | (II) T | |
323 | + | HE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS12 | |
324 | + | TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS .13 | |
307 | 325 | (III) T | |
308 | - | HE BOARD SHALL MEET QUARTERLY , AND THE CHAIR OF THE | |
309 | - | BOARD MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE BOARD TO | |
310 | - | COMPLETE ITS DUTIES | |
311 | - | . | |
326 | + | HE BOARD SHALL MEET QUARTERLY , AND THE CHAIR OF THE14 | |
327 | + | BOARD MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE BOARD15 | |
328 | + | TO COMPLETE ITS DUTIES.16 | |
312 | 329 | (IV) T | |
313 | - | HE TERM OF OFFICE FOR A BOARD MEMBER IS THREE YEARS ; | |
314 | - | EXCEPT THAT FOUR OF THE SIX MEMBERS APPOINTED PURSUANT TO | |
315 | - | SUBSECTION | |
316 | - | (1.5)(c)(III) OF THIS SECTION SERVE INITIAL TERMS OF TWO | |
317 | - | YEARS | |
318 | - | . A BOARD MEMBER MAY SERVE UNLIMITED TERMS . | |
330 | + | HE TERM OF OFFICE FOR A BOARD MEMBER IS THREE YEARS ;17 | |
331 | + | EXCEPT THAT FOUR OF THE SIX MEMBERS APPOINTED PURSUANT TO18 | |
332 | + | SUBSECTION (1.5)(c)(III) | |
333 | + | OF THIS SECTION SERVE INITIAL TERMS OF TWO19 | |
334 | + | YEARS. A BOARD MEMBER MAY SERVE UNLIMITED TERMS .20 | |
319 | 335 | (f) (I) A | |
320 | - | MEMBER OF THE BOARD OF DIRECTORS , EXCEPT FOR | |
321 | - | MEMBERS APPOINTED PURSUANT TO SUBSECTIONS | |
322 | - | (1.5)(c)(I) AND | |
323 | - | (1.5)(c)(II) OF THIS SECTION, MAY RECEIVE A PER DIEM STIPEND WHILE ON | |
324 | - | OFFICIAL ENTERPRISE BUSINESS | |
325 | - | . | |
336 | + | MEMBER OF THE BOARD OF DIRECTORS , EXCEPT FOR21 | |
337 | + | MEMBERS APPOINTED PURSUANT TO SUBSECTIONS (1.5)(c)(I) AND | |
338 | + | 22 | |
339 | + | (1.5)(c)(II) OF THIS SECTION, MAY RECEIVE A PER DIEM STIPEND WHILE ON23 | |
340 | + | OFFICIAL ENTERPRISE BUSINESS.24 | |
326 | 341 | (II) T | |
327 | - | HE PER DIEM STIPEND SHALL BE AT LEAST EQUAL TO THE | |
328 | - | COLORADO STATE EMPLOYEE PER DIEM FOR INTRA -STATE TRAVEL AS | |
329 | - | ESTABLISHED BY THE DEPARTMENT OF PERSONNEL | |
330 | - | . | |
331 | - | (III) A | |
332 | - | LL MEMBERS OF THE BOARD OF DIRECTORS MAY RECEIVE | |
333 | - | REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED WHILE | |
334 | - | ON OFFICIAL ENTERPRISE BUSINESS | |
335 | - | . | |
342 | + | HE PER DIEM STIPEND SHALL BE AT LEAST EQUAL TO THE25 | |
343 | + | C | |
344 | + | OLORADO STATE EMPLOYEE PER DIEM FOR INTRA -STATE TRAVEL AS26 | |
345 | + | ESTABLISHED BY THE DEPARTMENT OF PERSONNEL .27 | |
346 | + | 123 | |
347 | + | -9- (III) ALL MEMBERS OF THE BOARD OF DIRECTORS MAY RECEIVE1 | |
348 | + | REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED2 | |
349 | + | WHILE ON OFFICIAL ENTERPRISE BUSINESS.3 | |
336 | 350 | (IV) T | |
337 | - | HE ENTERPRISE MAY USE MONEY IN THE WASTE TIRE | |
338 | - | MANAGEMENT ENTERPRISE FUND | |
339 | - | , CREATED IN SECTION 30-20-1404, TO PAY | |
340 | - | THE PER DIEM STIPEND TO A BOARD MEMBER AND TO REIMBURSE A BOARD | |
341 | - | MEMBER FOR ACTUAL AND NECESSARY EXPENSES INCURRED AS PART OF THE | |
342 | - | ENTERPRISE | |
343 | - | 'S OPERATING EXPENSES. | |
351 | + | HE ENTERPRISE MAY USE MONEY IN THE WASTE TIRE4 | |
352 | + | MANAGEMENT ENTERPRISE FUND , CREATED IN SECTION 30-20-1404, TO5 | |
353 | + | PAY THE PER DIEM STIPEND TO A BOARD MEMBER AND TO REIMBURSE A6 | |
354 | + | BOARD MEMBER FOR ACTUAL AND NECESSARY EXPENSES INCURRED AS7 | |
355 | + | PART OF THE ENTERPRISE'S OPERATING EXPENSES.8 | |
344 | 356 | (g) T | |
345 | - | HE DEPARTMENT SHALL PROVIDE OFFICE SPACE AND | |
346 | - | ADMINISTRATIVE STAFF TO THE ENTERPRISE | |
347 | - | , IF REQUESTED BY THE BOARD. | |
357 | + | HE DEPARTMENT SHALL PROVIDE OFFICE SPACE AND9 | |
358 | + | ADMINISTRATIVE STAFF TO THE ENTERPRISE, IF REQUESTED BY THE BOARD.10 | |
348 | 359 | I | |
349 | 360 | N ACCORDANCE WITH SUBSECTION (1.5)(b)(VI)(B) OF THIS SECTION, THE | |
350 | - | ||
351 | - | ||
352 | - | ||
353 | - | 'S DUTIES. | |
361 | + | 11 | |
362 | + | ENTERPRISE SHALL PAY THE DEPARTMENT A FAIR MARKET RATE FOR ANY12 | |
363 | + | OFFICE SPACE OR ADMINISTRATIVE STAFF USED BY THE BOARD IN13 | |
364 | + | PERFORMANCE OF THE ENTERPRISE 'S DUTIES.14 | |
354 | 365 | (h) (I) T | |
355 | - | HE DEPARTMENT MAY TRANSFER MONEY FROM ANY | |
356 | - | ||
357 | - | ||
358 | - | ||
359 | - | ||
360 | - | AND, NOTWITHSTANDING ANY STATE FISCAL RULE | |
361 | - | ACCOUNTING PRINCIPLE THAT COULD | |
362 | - | REQUIRE A CONTRARY CONCLUSION | |
363 | - | ||
364 | - | ||
365 | - | ||
366 | - | ||
367 | - | ||
368 | - | 24-77-102 (7). | |
366 | + | HE DEPARTMENT MAY TRANSFER MONEY FROM ANY | |
367 | + | 15 | |
368 | + | LEGALLY AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF16 | |
369 | + | DEFRAYING EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES17 | |
370 | + | FEE REVENUE. THE ENTERPRISE MAY ACCEPT AND EXPEND ANY MONEY SO18 | |
371 | + | TRANSFERRED, AND, NOTWITHSTANDING ANY STATE FISCAL RULE OR19 | |
372 | + | GENERALLY ACCEPTED ACCOUNTING PRINCIPLE THAT COULD OTHERWISE20 | |
373 | + | BE INTERPRETED TO REQUIRE A CONTRARY CONCLUSION , SUCH A21 | |
374 | + | TRANSFER IS A LOAN FROM THE DEPARTMENT TO THE ENTERPRISE THAT IS22 | |
375 | + | REQUIRED TO BE REPAID AND IS NOT A GRANT FOR PURPOSES OF SECTION23 | |
376 | + | 20 (2)(d) | |
377 | + | OF ARTICLE X OF THE STATE CONSTITUTION OR AS DEFINED IN | |
378 | + | 24 | |
379 | + | SECTION 24-77-102 (7).25 | |
369 | 380 | (II) | |
370 | - | ALL MONEY TRANSFERRED AS A LOAN TO THE ENTERPRISE | |
371 | - | ||
372 | - | , ENFORCEMENT, | |
373 | - | ||
374 | - | , AND CLEANUP FUND , CREATED IN | |
375 | - | (1)(a). L | |
376 | - | OAN LIABILITIES THAT ARE RECORDED IN THE WASTE | |
377 | - | ||
378 | - | , ENFORCEMENT, MARKET DEVELOPMENT , | |
379 | - | FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE | |
380 | - | FISCAL YEAR SHALL NOT BE CONSIDERED WHEN | |
381 | - | STATUTORY FUND BALANCE FOR PURPOSES OF | |
382 | - | 24-75-109. | |
381 | + | ALL MONEY TRANSFERRED AS A LOAN TO THE ENTERPRISE | |
382 | + | 26 | |
383 | + | MUST BE CREDITED TO THE WASTE TIRE ADMINISTRATION , ENFORCEMENT,27 | |
384 | + | 123 | |
385 | + | -10- MARKET DEVELOPMENT , AND CLEANUP FUND , CREATED IN SECTION1 | |
386 | + | 30-20-1404 (1)(a). L | |
387 | + | OAN LIABILITIES THAT ARE RECORDED IN THE WASTE | |
388 | + | 2 | |
389 | + | TIRE ADMINISTRATION, ENFORCEMENT, MARKET DEVELOPMENT , AND3 | |
390 | + | CLEANUP FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT4 | |
391 | + | STATE FISCAL YEAR SHALL NOT BE CONSIDERED WHEN CALCULATING5 | |
392 | + | SUFFICIENT STATUTORY FUND BALANCE FOR PURPOSES OF SECTION6 | |
393 | + | 24-75-109.7 | |
383 | 394 | (III) A | |
384 | 395 | S THE ENTERPRISE RECEIVES SUFFICIENT REVENUE IN EXCESS | |
385 | - | OF EXPENSES | |
386 | - | , IT SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL | |
387 | - | AMOUNT OF ANY LOAN MADE BY THE DEPARTMENT | |
388 | - | , PLUS INTEREST AT A | |
389 | - | RATE AGREED UPON BY THE DEPARTMENT AND THE ENTERPRISE | |
390 | - | . | |
391 | - | (i) (I) O | |
392 | - | N OR BEFORE JUNE 30, 2026, AND EVERY JUNE 30 OF EACH | |
393 | - | YEAR THEREAFTER | |
394 | - | , THE ENTERPRISE SHALL PREPARE AND SUBMIT AN | |
395 | - | ANNUAL FINANCIAL REPORT TO LEGISLATIVE COUNCIL STAFF AND THE JOINT | |
396 | - | BUDGET COMMITTEE OF THE GENERAL ASSEMBLY | |
397 | - | . | |
398 | - | (II) T | |
399 | - | HE FINANCIAL REPORT PREPARED BY THE ENTERPRISE | |
400 | - | PURSUANT TO SUBSECTION | |
401 | - | (1.5)(i)(I) OF THIS SECTION MUST INCLUDE THE | |
402 | - | ENTERPRISE | |
403 | - | 'S PROJECTED REVENUE AND EXPENDITURES AND PROPOSED | |
404 | - | BUDGET FOR THE FOLLOWING FISCAL YEAR | |
405 | - | . | |
406 | - | (III) T | |
407 | - | HE ENTERPRISE SHALL POST A COPY OF THE ENTERPRISE 'S | |
408 | - | FINANCIAL REPORT ON THE ENTERPRISE | |
409 | - | 'S PUBLIC WEBSITE. | |
396 | + | 8 | |
397 | + | OF EXPENSES, IT SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL9 | |
398 | + | AMOUNT OF ANY LOAN MADE BY THE DEPARTMENT , PLUS INTEREST AT A10 | |
399 | + | RATE AGREED UPON BY THE DEPARTMENT AND THE ENTERPRISE .11 | |
400 | + | (i) (I) ON OR BEFORE JUNE 30, 2026, AND EVERY JUNE 30 OF EACH12 | |
401 | + | YEAR THEREAFTER, THE ENTERPRISE SHALL PREPARE AND SUBMIT AN13 | |
402 | + | ANNUAL FINANCIAL REPORT TO LEGISLATIVE COUNCIL STAFF AND THE14 | |
403 | + | JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY .15 | |
404 | + | (II) THE FINANCIAL REPORT PREPARED BY THE ENTERPRISE16 | |
405 | + | PURSUANT TO SUBSECTION (1.5)(i)(I) OF THIS SECTION MUST INCLUDE THE17 | |
406 | + | ENTERPRISE'S PROJECTED REVENUE AND EXPENDITURES AND PROPOSED18 | |
407 | + | BUDGET FOR THE FOLLOWING FISCAL YEAR .19 | |
408 | + | (III) THE ENTERPRISE SHALL POST A COPY OF THE ENTERPRISE'S20 | |
409 | + | FINANCIAL REPORT ON THE ENTERPRISE 'S PUBLIC WEBSITE.21 | |
410 | 410 | (2) (c) T | |
411 | 411 | HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025. | |
412 | - | (2.5) Waste tire enterprise fee and waste tire administration fee. | |
413 | - | (a) (I) E | |
414 | - | FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR VEHICLE TIRES | |
415 | - | PAGE 8-SENATE BILL 24-123 AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE ENTERPRISE FEE IN | |
416 | - | AN AMOUNT TO BE SET BY THE ENTERPRISE | |
417 | - | , IN COORDINATION WITH THE | |
418 | - | COMMISSION | |
419 | - | . THE WASTE TIRE ENTERPRISE FEE AMOUNT MUST NOT EXCEED | |
420 | - | TWO DOLLARS AND FIFTY CENTS ON THE SALE OF EACH NEW TIRE | |
421 | - | . THE | |
422 | - | MAXIMUM PER TIRE ENTERPRISE FEE AMOUNT MAY BE ADJUSTED BY THE | |
423 | - | ENTERPRISE EVERY TWO YEARS IN ACCORDANCE WITH ANY ANNUAL | |
424 | - | PERCENTAGE CHANGE IN THE | |
425 | - | UNITED STATES DEPARTMENT OF LABOR 'S | |
426 | - | BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE | |
427 | - | DENVER-AURORA-LAKEWOOD METROPOLITAN AREA FOR ALL ITEMS PAID BY | |
428 | - | ALL URBAN CONSUMERS | |
429 | - | , OR ITS APPLICABLE SUCCESSOR INDEX. | |
412 | + | 22 | |
413 | + | (2.5) Waste tire enterprise fee and waste tire administration23 | |
414 | + | fee. (a) (I) E | |
415 | + | FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR | |
416 | + | VEHICLE24 | |
417 | + | TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE ENTERPRISE25 | |
418 | + | FEE IN AN AMOUNT TO BE SET BY THE ENTERPRISE, IN COORDINATION WITH26 | |
419 | + | THE COMMISSION. THE WASTE TIRE ENTERPRISE FEE AMOUNT MUST NOT27 | |
420 | + | 123 | |
421 | + | -11- EXCEED TWO DOLLARS AND FIFTY CENTS ON THE SALE OF EACH NEW TIRE.1 | |
422 | + | T | |
423 | + | HE MAXIMUM PER TIRE ENTERPRISE FEE AMOUNT MAY BE ADJUSTED BY | |
424 | + | 2 | |
425 | + | THE ENTERPRISE EVERY TWO YEARS IN ACCORDANCE WITH ANY ANNUAL3 | |
426 | + | PERCENTAGE CHANGE IN THE UNITED STATES DEPARTMENT OF LABOR 'S4 | |
427 | + | BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE5 | |
428 | + | D | |
429 | + | ENVER-AURORA-LAKEWOOD METROPOLITAN AREA FOR ALL ITEMS PAID | |
430 | + | 6 | |
431 | + | BY ALL URBAN CONSUMERS , OR ITS APPLICABLE SUCCESSOR INDEX.7 | |
430 | 432 | (II) E | |
431 | - | FFECTIVE JULY | |
432 | - | THE | |
433 | - | , | |
434 | - | ACCORDANCE WITH THE FEE | |
435 | - | (2.5)(a)(I) OF THIS SECTION, ADJUST THE WASTE TIRE FEE AMOUNT | |
436 | - | THE WASTE TIRE ENTERPRISE FEE IS IMPOSED IN AN AMOUNT | |
437 | - | : | |
433 | + | FFECTIVE JULY | |
434 | + | 1, 2025, THE BOARD OF DIRECTORS MAY8 | |
435 | + | REVIEW THE WASTE TIRE ENTERPRISE FEE ON AN ANNUAL BASIS AND, IN9 | |
436 | + | ACCORDANCE WITH THE FEE AMOUNT LIMIT SET FORTH IN SUBSECTION10 | |
437 | + | (2.5)(a)(I) OF THIS SECTION, ADJUST THE WASTE TIRE FEE AMOUNT SO11 | |
438 | + | THAT THE WASTE TIRE ENTERPRISE FEE IS IMPOSED IN AN AMOUNT THAT12 | |
439 | + | IS:13 | |
438 | 440 | (A) R | |
439 | - | EASONABLY RELATED TO THE DIRECT AND INDIRECT COSTS OF | |
440 | - | OPERATING THE ENTERPRISE IN ACCORDANCE WITH THIS PART | |
441 | - | 14 AND THE | |
442 | - | SERVICES PROVIDED BY THE ENTERPRISE | |
443 | - | , WHICH COSTS MUST NOT EXCEED | |
444 | - | THE EQUIVALENT OF ONE | |
445 | - | -HALF OF THE WASTE TIRE ENTERPRISE FEE | |
446 | - | COLLECTED FOR EACH NEW TIRE SOLD PURSUANT TO THIS SUBSECTION | |
447 | - | (2.5); | |
441 | + | EASONABLY RELATED TO THE DIRECT AND INDIRECT COSTS | |
442 | + | 14 | |
443 | + | OF OPERATING THE ENTERPRISE IN ACCORDANCE WITH THIS PART 14 AND15 | |
444 | + | THE SERVICES PROVIDED BY THE ENTERPRISE , WHICH COSTS MUST NOT16 | |
445 | + | EXCEED THE EQUIVALENT OF ONE -HALF OF THE WASTE TIRE ENTERPRISE17 | |
446 | + | FEE COLLECTED FOR EACH NEW TIRE SOLD PURSUANT TO THIS SUBSECTION18 | |
447 | + | (2.5);19 | |
448 | 448 | (B) S | |
449 | 449 | UFFICIENT TO PAY COSTS ASSOCIATED WITH PROVIDING | |
450 | - | REBATES AS DESCRIBED IN SECTION | |
451 | - | 30-20-1405; AND | |
452 | - | (C) SUFFICIENT TO PROVIDE GRANTS TO ELIGIBLE ENTITIES | |
453 | - | PURSUANT TO THE WASTE TIRE MANAGEMENT GRANT PROGRAM | |
454 | - | ESTABLISHED IN SECTION | |
455 | - | 30-20-1418. | |
450 | + | 20 | |
451 | + | REBATES AS DESCRIBED IN SECTION 30-20-1405; AND21 | |
452 | + | (C) S | |
453 | + | UFFICIENT TO PROVIDE GRANTS TO ELIGIBLE ENTITIES | |
454 | + | 22 | |
455 | + | PURSUANT TO THE WASTE TIRE MANAGEMENT GRANT PROGRAM23 | |
456 | + | ESTABLISHED IN SECTION 30-20-1418.24 | |
456 | 457 | (b) (I) E | |
457 | - | FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR | |
458 | - | ||
459 | - | ||
460 | - | , | |
461 | - | ||
462 | - | . | |
458 | + | FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR | |
459 | + | 25 | |
460 | + | VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE26 | |
461 | + | ADMINISTRATION FEE IN AN AMOUNT TO BE SET BY THE COMMISSION , IN27 | |
462 | + | 123 | |
463 | + | -12- COORDINATION WITH THE DEPARTMENT .1 | |
463 | 464 | (II) T | |
464 | 465 | HE COMMISSION MAY REVIEW THE WASTE TIRE | |
465 | - | ADMINISTRATION FEE ON AN ANNUAL BASIS AND ADJUST THE | |
466 | - | ADMINISTRATION FEE AMOUNT SO THAT IT COVERS THE DIRECT AND | |
467 | - | INDIRECT COSTS OF CONDUCTING THE REGULATORY AND ADMINISTRATIVE | |
468 | - | FUNCTIONS OF THE DEPARTMENT IN IMPLEMENTING THIS PART | |
469 | - | 14. | |
470 | - | PAGE 9-SENATE BILL 24-123 (III) THE WASTE TIRE ADMINISTRATION FEE AMOUNT MUST NOT | |
471 | - | EXCEED HALF OF THE AMOUNT OF THE WASTE TIRE ENTERPRISE FEE | |
472 | - | ; EXCEPT | |
473 | - | THAT THE MINIMUM AMOUNT OF THE WASTE TIRE ADMINISTRATION FEE ON | |
474 | - | THE SALE OF EACH NEW TIRE MUST BE FIFTY CENTS OR MORE | |
475 | - | . | |
466 | + | 2 | |
467 | + | ADMINISTRATION FEE ON AN ANNUAL BASIS AND ADJUST THE3 | |
468 | + | ADMINISTRATION FEE AMOUNT SO THAT IT COVERS THE DIRECT AND4 | |
469 | + | INDIRECT COSTS OF CONDUCTING THE REGULATORY AND ADMINISTRATIVE5 | |
470 | + | FUNCTIONS OF THE DEPARTMENT IN IMPLEMENTING THIS PART 14.6 | |
471 | + | (III) T | |
472 | + | HE WASTE TIRE ADMINISTRATION FEE AMOUNT MUST NOT | |
473 | + | 7 | |
474 | + | EXCEED HALF OF THE AMOUNT OF THE WASTE TIRE ENTERPRISE FEE ;8 | |
475 | + | EXCEPT THAT THE MINIMUM AMOUNT OF THE WASTE TIRE9 | |
476 | + | ADMINISTRATION FEE ON THE SALE OF EACH NEW TIRE MUST BE FIFTY10 | |
477 | + | CENTS OR MORE.11 | |
476 | 478 | (c) (I) O | |
477 | 479 | N AND AFTER JULY 1, 2025, RETAILERS OF NEW MOTOR | |
478 | - | ||
479 | - | ||
480 | - | THE | |
481 | - | . | |
480 | + | 12 | |
481 | + | VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT BOTH THE13 | |
482 | + | ENTERPRISE FEE AND THE ADMINISTRATION FEE FROM THE CONSUMER AT14 | |
483 | + | THE POINT OF SALE.15 | |
482 | 484 | (II) T | |
483 | - | HE RECEIPT FROM THE RETAILER TO THE CONSUMER FOR EVERY | |
484 | - | NEW MOTOR VEHICLE TIRE OR NEW TRAILER TIRE PURCHASED MUST CONTAIN | |
485 | - | THE FOLLOWING STATEMENT IN THE LARGEST BOLD | |
486 | - | -FACED TYPE CAPABLE | |
487 | - | BASED ON POINT | |
488 | - | -OF-SALE SOFTWARE AND ON EXISTING INVOICE PRINTERS , | |
489 | - | NOT TO EXCEED FIFTEEN POINTS : "SECTION 30-20-1403, COLORADO | |
490 | - | REVISED STATUTES, REQUIRES RETAILERS TO COLLECT A WASTE TIRE | |
491 | - | ENTERPRISE FEE SET BY THE WAS TE TIRE MANAGEMENT ENTERPRISE | |
492 | - | , | |
493 | - | WHICH IS A GOVERNMENT -OWNED BUSINESS WITHIN THE DEPARTMENT | |
494 | - | OF PUBLIC HEALTH AND ENVIRONMENT | |
495 | - | , AND A WASTE TIRE | |
496 | - | ADMINISTRATION FEE SET BY TH E SOLID AND HAZARDOUS WASTE | |
497 | - | COMMISSION ON THE SALE OF EACH NEW MOTOR VEHICLE TIRE AND EACH | |
498 | - | NEW TRAILER TIRE | |
499 | - | ." | |
500 | - | (III) T | |
501 | - | HE RETAILER SHALL SUBMIT TO THE ENTERPRISE BY THE | |
502 | - | TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE | |
503 | - | ENTERPRISE FEE COLLECTED PURSUANT TO THIS SECTION IN THE PRECEDING | |
504 | - | QUARTER OF THE CALENDAR YEAR | |
505 | - | , TOGETHER WITH ANY REPORT REQUIRED | |
506 | - | BY THE ENTERPRISE | |
507 | - | . THE ENTERPRISE SHALL TRANSMIT THE ENTERPRISE | |
508 | - | FEES TO THE STATE TREASURER | |
509 | - | , WHO SHALL CREDIT THEM IN ACCORDANCE | |
510 | - | WITH SUBSECTION | |
511 | - | (3)(a) OF THIS SECTION OR AS SPECIFIED IN RULES | |
512 | - | PROMULGATED BY THE COMMISSION | |
513 | - | . | |
485 | + | HE RECEIPT FROM THE RETAILER TO THE CONSUMER FOR | |
486 | + | 16 | |
487 | + | EVERY NEW MOTOR VEHICLE OR NEW TRAILER TIRE PURCHASED MUST17 | |
488 | + | CONTAIN THE FOLLOWING STATEMENT IN THE LARGEST BOLD -FACED TYPE18 | |
489 | + | CAPABLE BASED ON POINT-OF-SALE SOFTWARE AND ON EXISTING INVOICE19 | |
490 | + | PRINTERS, NOT TO EXCEED FIFTEEN POINTS : "SECTION 30-20-1403,20 | |
491 | + | C | |
492 | + | OLORADO REVISED STATUTES, REQUIRES RETAILERS TO COLLECT A | |
493 | + | 21 | |
494 | + | WASTE TIRE ENTERPRISE FEE SET BY THE WASTE TIRE MANAGEMENT22 | |
495 | + | ENTERPRISE, WHICH IS A GOVERNMENT-OWNED BUSINESS WITHIN THE23 | |
496 | + | DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT , AND A WASTE24 | |
497 | + | TIRE ADMINISTRATION FEE SET BY THE SOLID AND HAZARDOUS WASTE25 | |
498 | + | COMMISSION ON THE SALE OF EACH NEW MOTOR VEHICLE TIRE AND26 | |
499 | + | EACH NEW TRAILER TIRE."27 | |
500 | + | 123 | |
501 | + | -13- (III) THE RETAILER SHALL SUBMIT TO THE ENTERPRISE BY THE1 | |
502 | + | TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE2 | |
503 | + | ENTERPRISE FEE COLLECTED PURSUANT TO THIS SECTION IN THE3 | |
504 | + | PRECEDING QUARTER OF THE CALENDAR YEAR , TOGETHER WITH ANY4 | |
505 | + | REPORT REQUIRED BY THE ENTERPRISE. THE ENTERPRISE SHALL TRANSMIT5 | |
506 | + | THE ENTERPRISE FEES TO THE STATE TREASURER , WHO SHALL CREDIT6 | |
507 | + | THEM IN ACCORDANCE WITH SUBSECTION (3)(a) OF THIS SECTION OR AS7 | |
508 | + | SPECIFIED IN RULES PROMULGATED BY THE COMMISSION .8 | |
514 | 509 | (IV) T | |
515 | 510 | HE RETAILER SHALL SUBMIT TO THE DEPARTMENT BY THE | |
516 | - | TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE | |
517 | - | ADMINISTRATION FEE COLLECTED PURSUANT TO THIS SECTION IN THE | |
518 | - | PRECEDING QUARTER OF THE CALE NDAR YEAR | |
519 | - | , TOGETHER WITH ANY REPORT | |
520 | - | REQUIRED BY THE DEPARTMENT | |
521 | - | . THE DEPARTMENT SHALL TRANSMIT THE | |
522 | - | ADMINISTRATION FEES TO THE STATE TREASURER | |
523 | - | , WHO SHALL CREDIT THEM | |
524 | - | IN ACCORDANCE WITH SUBSECTION | |
525 | - | (3)(b) OF THIS SECTION OR AS SPECIFIED | |
526 | - | IN RULES PROMULGATED BY THE COMMISSION | |
527 | - | . | |
528 | - | PAGE 10-SENATE BILL 24-123 (3) (a) BEGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL | |
529 | - | DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE ASSESSED | |
530 | - | IN SUBSECTION | |
531 | - | (2.5)(a) OF THIS SECTION AS FOLLOWS: | |
511 | + | 9 | |
512 | + | TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE10 | |
513 | + | ADMINISTRATION FEE COLLECTED PURSUANT TO THIS SECTION IN THE11 | |
514 | + | PRECEDING QUARTER OF THE CALENDAR YEAR , TOGETHER WITH ANY12 | |
515 | + | REPORT REQUIRED BY THE DEPARTMENT . THE DEPARTMENT SHALL13 | |
516 | + | TRANSMIT THE ADMINISTRATION FEES TO THE STATE TREASURER , WHO14 | |
517 | + | SHALL CREDIT THEM IN ACCORDANCE WITH SUBSECTION (3)(b) OF THIS15 | |
518 | + | SECTION OR AS SPECIFIED IN RULES PROMULGATED BY THE COMMISSION .16 | |
519 | + | (3) (a) B | |
520 | + | EGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL | |
521 | + | 17 | |
522 | + | DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE18 | |
523 | + | ASSESSED IN SUBSECTION (2.5)(a) OF THIS SECTION AS FOLLOWS:19 | |
532 | 524 | (I) T | |
533 | - | HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER | |
534 | - | ||
535 | - | (2.5)(a)(II)(A) OF THIS SECTION | |
536 | - | WASTE TIRE MANAGEMENT ENTERPRISE FUND CREATED IN | |
537 | - | 30-20-1404; | |
525 | + | HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER | |
526 | + | 20 | |
527 | + | THE COSTS DESCRIBED IN SUBSECTION (2.5)(a)(II)(A) OF THIS SECTION TO21 | |
528 | + | THE WASTE TIRE MANAGEMENT ENTERPRISE FUND CREATED IN SECTION22 | |
529 | + | 30-20-1404;23 | |
538 | 530 | (II) T | |
539 | - | HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER THE | |
540 | - | COSTS DESCRIBED IN SUBSECTION | |
541 | - | (2.5)(a)(II)(B) OF THIS SECTION TO THE | |
542 | - | END USERS FUND CREATED IN SECTION | |
543 | - | 30-20-1405; | |
531 | + | HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER | |
532 | + | 24 | |
533 | + | THE COSTS DESCRIBED IN SUBSECTION (2.5)(a)(II)(B) OF THIS SECTION TO25 | |
534 | + | THE END USERS FUND CREATED IN SECTION 30-20-1405;26 | |
544 | 535 | (III) A | |
545 | 536 | LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE | |
546 | - | ||
547 | - | ||
548 | - | ||
549 | - | ||
550 | - | ||
551 | - | ||
552 | - | . | |
537 | + | 27 | |
538 | + | 123 | |
539 | + | -14- WASTE TIRE MANAGEMENT ENTERPRISE FUND TO THE WASTE TIRE1 | |
540 | + | MANAGEMENT ENTERPRISE FUND . ANY UNEXPENDED AND UNENCUMBERED2 | |
541 | + | MONEY IN THE WASTE TIRE MANAGEMENT ENTERPRISE FUND AT THE END3 | |
542 | + | OF ANY FISCAL YEAR SHALL REMAIN IN THE WASTE TIRE MANAGEMENT4 | |
543 | + | ENTERPRISE FUND.5 | |
553 | 544 | (IV) A | |
554 | 545 | LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE | |
555 | - | END USERS FUND TO THE END USERS FUND | |
556 | - | . ANY UNEXPENDED AND | |
557 | - | UNENCUMBERED MONEY IN THE END USERS FUND AT THE END OF ANY FISCAL | |
558 | - | YEAR SHALL REMAIN IN THE END USERS FUND | |
559 | - | . | |
546 | + | 6 | |
547 | + | END USERS FUND TO THE END USERS FUND . ANY UNEXPENDED AND7 | |
548 | + | UNENCUMBERED MONEY IN THE END USERS FUND AT THE END OF ANY8 | |
549 | + | FISCAL YEAR SHALL REMAIN IN THE END USERS FUND .9 | |
560 | 550 | (b) (I) B | |
561 | 551 | EGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL | |
562 | - | DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ADMINISTRATION FEE | |
563 | - | ASSESSED IN SUBSECTION | |
564 | - | (2.5)(b) OF THIS SECTION TO THE WASTE TIRE | |
565 | - | ADMINISTRATION FUND CREATED IN SECTION | |
566 | - | 30-20-1405.5. | |
552 | + | 10 | |
553 | + | DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ADMINISTRATION FEE11 | |
554 | + | ASSESSED IN SUBSECTION (2.5)(b) OF THIS SECTION TO THE WASTE TIRE12 | |
555 | + | ADMINISTRATION FUND CREATED IN SECTION 30-20-1405.5.13 | |
567 | 556 | (II) A | |
568 | 557 | LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE | |
569 | - | WASTE TIRE ADMINISTRATION FUND SHALL BE CREDITED TO THE WASTE TIRE | |
570 | - | ADMINISTRATION FUND | |
571 | - | . ANY UNEXPENDED AND UNENCUMBERED MONEY IN | |
572 | - | THE WASTE TIRE ADMINISTRATION FUND IN EXCESS OF SIXTEEN AND | |
573 | - | ONE | |
574 | - | -HALF PERCENT OF THE PREVIOUS STATE FISCAL YEAR 'S EXPENDITURES | |
575 | - | AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE WASTE TIRE | |
576 | - | ADMINISTRATION FUND | |
577 | - | . | |
578 | - | SECTION 4. In Colorado Revised Statutes, 30-20-1404, amend | |
579 | - | (1), (2) introductory portion, (2)(a), (2)(o), (5), (6), and (7); repeal (2)(b), | |
580 | - | PAGE 11-SENATE BILL 24-123 (2)(c), (2)(d), (2)(i), (2)(j), (2)(k), (2)(l), (2)(p), (3), (4), and (8); and add | |
581 | - | (2)(q), (2)(r), (2)(s), (2)(t), and (2)(u) as follows: | |
582 | - | 30-20-1404. Waste tire management enterprise fund - creation | |
583 | - | - rules. (1) (a) There is hereby created in the state treasury the waste tire | |
584 | - | administration, enforcement, market development, and cleanup | |
585 | - | MANAGEMENT ENTERPRISE fund, referred to in this section as the "fund", | |
586 | - | consisting of the fee revenue credited pursuant to section 30-20-1403 | |
587 | - | (2.5)(a) and any other money appropriated | |
588 | - | OR TRANSFERRED to it. The | |
589 | - | general assembly shall annually appropriate the money in the fund to the | |
590 | - | department for its direct and indirect administrative and enforcement costs | |
591 | - | in administering and enforcing this part 14 MONEY CREDITED TO THE FUND | |
592 | - | IS CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET | |
593 | - | FORTH IN THIS SECTION AND TO PAY THE ENTERPRISE | |
594 | - | 'S REASONABLE AND | |
595 | - | NECESSARY OPERATING EXPENSES | |
596 | - | . | |
597 | - | (b) The state treasurer shall credit all interest earned on the | |
598 | - | investment of money in the fund to the fund. Any unexpended and | |
599 | - | unencumbered money in the fund in excess of sixteen and one-half percent | |
600 | - | of the previous fiscal year's expenditures at the end of any fiscal year shall | |
601 | - | be credited: REMAIN IN THE FUND. | |
602 | - | (a) Through December 31, 2025, to the end users fund created in | |
603 | - | section 30-20-1405; and | |
604 | - | (b) On and after January 1, 2026, to the general fund. | |
605 | - | (2) The department shall ENTERPRISE MAY, IN CONSULTATION WITH | |
606 | - | THE DEPARTMENT | |
607 | - | , use the money in the fund for: | |
558 | + | 14 | |
559 | + | WASTE TIRE ADMINISTRATION FUND SHALL BE CREDITED TO THE WASTE15 | |
560 | + | TIRE ADMINISTRATION FUND. ANY UNEXPENDED AND UNENCUMBERED16 | |
561 | + | MONEY IN THE WASTE TIRE ADMINISTRATION FUND IN EXCESS OF SIXTEEN17 | |
562 | + | AND ONE-HALF PERCENT OF THE PREVIOUS STATE FISCAL YEAR 'S18 | |
563 | + | EXPENDITURES AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE19 | |
564 | + | WASTE TIRE ADMINISTRATION FUND .20 | |
565 | + | 21 | |
566 | + | SECTION 4. In Colorado Revised Statutes, 30-20-1404, amend22 | |
567 | + | (1), (2) introductory portion, (2)(a), (2)(o), (5), (6), and (7); repeal23 | |
568 | + | (2)(b), (2)(c), (2)(d), (2)(i), (2)(j), (2)(k), (2)(l), (2)(p), (3), (4), and (8);24 | |
569 | + | and add (2)(q), (2)(r), (2)(s), (2)(t), and (2)(u) as follows:25 | |
570 | + | 30-20-1404. Waste tire management enterprise fund - creation26 | |
571 | + | - rules. (1) (a) There is hereby created in the state treasury the waste tire27 | |
572 | + | 123 | |
573 | + | -15- administration, enforcement, market development, and cleanup1 | |
574 | + | MANAGEMENT ENTERPRISE fund, referred to in this section as the "fund",2 | |
575 | + | consisting of the fee revenue credited pursuant to section 30-20-14033 | |
576 | + | (2.5)(a) and any other money appropriated OR TRANSFERRED to it. The4 | |
577 | + | general assembly shall annually appropriate the money in the fund to the5 | |
578 | + | department for its direct and indirect administrative and enforcement6 | |
579 | + | costs in administering and enforcing this part 14 MONEY CREDITED TO7 | |
580 | + | THE FUND IS CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE8 | |
581 | + | PURPOSES SET FORTH IN THIS SECTION AND TO PAY THE ENTERPRISE 'S9 | |
582 | + | REASONABLE AND NECESSARY OPERATING EXPENSES .10 | |
583 | + | (b) The state treasurer shall credit all interest earned on the11 | |
584 | + | investment of money in the fund to the fund. Any unexpended and12 | |
585 | + | unencumbered money in the fund in excess of sixteen and one-half13 | |
586 | + | percent of the previous fiscal year's expenditures at the end of any fiscal14 | |
587 | + | year shall be credited: REMAIN IN THE FUND.15 | |
588 | + | (a) Through December 31, 2025, to the end users fund created in16 | |
589 | + | section 30-20-1405; and17 | |
590 | + | (b) On and after January 1, 2026, to the general fund.18 | |
591 | + | (2) The department shall ENTERPRISE MAY, IN CONSULTATION19 | |
592 | + | WITH THE DEPARTMENT, use the money in the fund for:20 | |
608 | 593 | (a) Collecting the | |
609 | 594 | WASTE TIRE ENTERPRISE fee assessed in section | |
610 | - | 30-20-1403 (1) | |
611 | - | (2.5)(a); | |
612 | - | (b) Inspecting retailers to determine whether all fees are being | |
613 | - | collected; | |
614 | - | (c) Enforcing the requirements of this part 14 pursuant to existing | |
615 | - | authority, including sections 30-20-113 and 30-20-114; | |
616 | - | (d) Developing a system to address the receipt by registered persons | |
617 | - | PAGE 12-SENATE BILL 24-123 of unmanifested waste tires from unregistered haulers; | |
618 | - | (i) Providing grants to law enforcement, fire departments, local | |
619 | - | health departments, state agencies, and any other applicable entities for | |
620 | - | purchasing equipment and supplies to implement this part 14; | |
621 | - | (j) Training of and enforcement by entities that enforce this part 14; | |
622 | - | (k) Awarding grants and developing educational programs for | |
623 | - | enforcement, fire prevention and suppression, proper waste tire | |
624 | - | management and disposal, training, and customer technical assistance; | |
625 | - | (l) Maintaining an online complaint form and processes for law | |
626 | - | enforcement, fire departments, and citizens to report potential waste tire | |
627 | - | violations; | |
628 | - | (o) Encouraging waste tire market development; and | |
629 | - | (p) Reimbursing the division of fire prevention and control in the | |
630 | - | department of public safety for: | |
631 | - | (I) Inspections of facilities where waste tires are present conducted | |
632 | - | by the division to determine whether the waste tire collection facilities, | |
633 | - | waste tire processors, and waste tire monofills are in compliance with the | |
634 | - | rules promulgated by the director of the division pursuant to section | |
635 | - | 24-33.5-1203.5 (2); and | |
636 | - | (II) Technical and other assistance the division provides to the | |
637 | - | department or the public related to waste tires, including assistance related | |
638 | - | to: | |
639 | - | (A) The development of fire prevention education materials; and | |
640 | - | (B) Review of fire prevention plans. | |
641 | - | (q) THE PAYMENT OF ANY BONDS ISSUED PURS UANT TO SECTION | |
595 | + | 21 | |
596 | + | 30-20-1403 (1) (2.5)(a);22 | |
597 | + | (b) Inspecting retailers to determine whether all fees are being23 | |
598 | + | collected;24 | |
599 | + | (c) Enforcing the requirements of this part 14 pursuant to existing25 | |
600 | + | authority, including sections 30-20-113 and 30-20-114;26 | |
601 | + | (d) Developing a system to address the receipt by registered27 | |
602 | + | 123 | |
603 | + | -16- persons of unmanifested waste tires from unregistered haulers;1 | |
604 | + | (i) Providing grants to law enforcement, fire departments, local2 | |
605 | + | health departments, state agencies, and any other applicable entities for3 | |
606 | + | purchasing equipment and supplies to implement this part 14;4 | |
607 | + | (j) Training of and enforcement by entities that enforce this part5 | |
608 | + | 14;6 | |
609 | + | (k) Awarding grants and developing educational programs for7 | |
610 | + | enforcement, fire prevention and suppression, proper waste tire8 | |
611 | + | management and disposal, training, and customer technical assistance;9 | |
612 | + | (l) Maintaining an online complaint form and processes for law10 | |
613 | + | enforcement, fire departments, and citizens to report potential waste tire11 | |
614 | + | violations;12 | |
615 | + | (o) Encouraging waste tire market development; and13 | |
616 | + | (p) Reimbursing the division of fire prevention and control in the14 | |
617 | + | department of public safety for:15 | |
618 | + | (I) Inspections of facilities where waste tires are present16 | |
619 | + | conducted by the division to determine whether the waste tire collection17 | |
620 | + | facilities, waste tire processors, and waste tire monofills are in18 | |
621 | + | compliance with the rules promulgated by the director of the division19 | |
622 | + | pursuant to section 24-33.5-1203.5 (2); and20 | |
623 | + | (II) Technical and other assistance the division provides to the21 | |
624 | + | department or the public related to waste tires, including assistance22 | |
625 | + | related to:23 | |
626 | + | (A) The development of fire prevention education materials; and24 | |
627 | + | (B) Review of fire prevention plans.25 | |
628 | + | (q) T | |
629 | + | HE PAYMENT OF ANY BONDS ISSUED PURSUANT TO SECTION26 | |
642 | 630 | 30-20-1403 (1.5)(b); | |
643 | - | (r) R | |
644 | - | EIMBURSEMENT OF ANY CONTRACTORS USED FOR CLEANUP AND | |
645 | - | REMEDIATION ACTIVITIES ENGAGED IN PURSUANT TO SUBSECTIONS | |
631 | + | 27 | |
632 | + | 123 | |
633 | + | -17- (r) REIMBURSEMENT OF ANY CONTRACTORS USED FOR CLEANUP1 | |
634 | + | AND REMEDIATION ACTIVITIES ENGAGED IN PURSUANT TO SUBSECTIONS2 | |
646 | 635 | (2)(f) | |
647 | - | PAGE 13-SENATE BILL 24-123 AND (2)(g) OF THIS SECTION; | |
636 | + | AND (2)(g) | |
637 | + | OF THIS SECTION;3 | |
648 | 638 | (s) T | |
649 | - | HE PAYMENT OF PER DIEM AND THE REIMBURSEMENT | |
650 | - | AND NECESSARY EXPENSES FOR BOARD MEMBERS WHILE | |
651 | - | ENTERPRISE BUSINESS | |
652 | - | ||
639 | + | HE PAYMENT OF PER DIEM AND THE REIMBURSEMENT OF4 | |
640 | + | ACTUAL AND NECESSARY EXPENSES FOR BOARD MEMBERS WHILE ON5 | |
641 | + | OFFICIAL ENTERPRISE BUSINESS; | |
642 | + | 6 | |
653 | 643 | (t) F | |
654 | 644 | UNDING GRANTS IN ACCORDANCE WITH THE WASTE TIRE | |
655 | - | MANAGEMENT GRANT PROGRAM ESTABLISHED IN SECTION | |
656 | - | 30-20-1418; AND | |
657 | - | (u) ANY OTHER ACTIVITY NECESSARY TO IMPLEMENT SECTION | |
658 | - | 30-20-1403, AS DETERMINED BY THE BOARD OF DIRECTORS . | |
659 | - | (3) If the department is denied access or if consent to access has not | |
660 | - | been given to clean up a site where the department reasonably believes | |
661 | - | waste tires exist illegally, the department may obtain from the district court | |
662 | - | for the judicial district in which the property is located a warrant to enter the | |
663 | - | property and remove the waste tires. | |
664 | - | (4) (a) In addition to any penalties assessed, the department may | |
665 | - | issue an order requiring the owner or operator to compensate the department | |
666 | - | for the cost of remediation of the site, and the department may request the | |
667 | - | attorney general to bring suit for compensation from the owner or operator | |
668 | - | for money expended remediating the site. The department shall use the | |
669 | - | recovered moneys to reimburse the fund for actual costs of remediating the | |
670 | - | site and of seeking compensation pursuant to this section. The state | |
671 | - | treasurer shall credit all additional moneys to the general fund. | |
672 | - | (b) The department may place a lien on a property on which the | |
673 | - | department funds the remediation of waste tires pursuant to this section | |
674 | - | until the costs of remediation have been repaid to the department. If | |
675 | - | complete repayment has not been made before a sale of the property, the | |
676 | - | department shall be repaid in full, to the extent possible, from proceeds of | |
677 | - | the sale. | |
678 | - | (5) (a) In providing assistance pursuant to this section, the | |
679 | - | department ENTERPRISE shall give primary consideration to protection of | |
680 | - | public health and the environment. | |
681 | - | (b) In awarding contracts for services pursuant to this section, the | |
682 | - | department ENTERPRISE may give preferential bidding treatment to | |
683 | - | PAGE 14-SENATE BILL 24-123 individuals or entities that will recycle, pursuant to rules of the department | |
684 | - | concerning recycling, and reuse, rather than dispose of, the waste tires. | |
685 | - | (6) The department ENTERPRISE shall, either itself or through a | |
686 | - | contractor, create a priority abatement list of illegal waste tire disposal sites. | |
645 | + | 7 | |
646 | + | MANAGEMENT GRANT PROGRAM ESTABLISHED IN SECTION 30-20-1418;8 | |
647 | + | AND9 | |
648 | + | (u) ANY OTHER ACTIVITY NECESSARY TO IMPLEMENT SECTION10 | |
649 | + | 30-20-1403, AS DETERMINED BY THE BOARD OF DIRECTORS .11 | |
650 | + | (3) If the department is denied access or if consent to access has12 | |
651 | + | not been given to clean up a site where the department reasonably13 | |
652 | + | believes waste tires exist illegally, the department may obtain from the14 | |
653 | + | district court for the judicial district in which the property is located a15 | |
654 | + | warrant to enter the property and remove the waste tires.16 | |
655 | + | (4) (a) In addition to any penalties assessed, the department may17 | |
656 | + | issue an order requiring the owner or operator to compensate the18 | |
657 | + | department for the cost of remediation of the site, and the department may19 | |
658 | + | request the attorney general to bring suit for compensation from the20 | |
659 | + | owner or operator for money expended remediating the site. The21 | |
660 | + | department shall use the recovered moneys to reimburse the fund for22 | |
661 | + | actual costs of remediating the site and of seeking compensation pursuant23 | |
662 | + | to this section. The state treasurer shall credit all additional moneys to the24 | |
663 | + | general fund.25 | |
664 | + | (b) The department may place a lien on a property on which the26 | |
665 | + | department funds the remediation of waste tires pursuant to this section27 | |
666 | + | 123 | |
667 | + | -18- until the costs of remediation have been repaid to the department. If1 | |
668 | + | complete repayment has not been made before a sale of the property, the2 | |
669 | + | department shall be repaid in full, to the extent possible, from proceeds3 | |
670 | + | of the sale.4 | |
671 | + | (5) (a) In providing assistance pursuant to this section, the5 | |
672 | + | department ENTERPRISE shall give primary consideration to protection of6 | |
673 | + | public health and the environment.7 | |
674 | + | (b) In awarding contracts for services pursuant to this section, the8 | |
675 | + | department ENTERPRISE may give preferential bidding treatment to9 | |
676 | + | individuals or entities that will recycle, pursuant to rules of the10 | |
677 | + | department concerning recycling, and reuse, rather than dispose of, the11 | |
678 | + | waste tires.12 | |
679 | + | (6) The department ENTERPRISE shall, either itself or through a13 | |
680 | + | contractor, create a priority abatement list of illegal waste tire disposal14 | |
681 | + | sites.15 | |
687 | 682 | (7) The | |
688 | - | ENTERPRISE, IN COORDINATION WITH THE department and the | |
689 | - | department of transportation, shall coordinate with one another to | |
690 | - | systematically investigate and research the use of tire-derived aggregates in technically feasible and economically viable civil applications associated with the department of transportation's roadway mission. The department shall include any findings regarding tire-derived aggregates, as appropriate, in the department's annual report to the general assembly. | |
691 | - | (8) Notwithstanding any other provision of this section, on June 30, | |
692 | - | 2020, the state treasurer shall transfer five million three hundred | |
693 | - | seventy-two thousand four hundred fifteen dollars from the fund to the | |
694 | - | general fund. | |
695 | - | SECTION 5. In Colorado Revised Statutes, 30-20-1405, amend | |
696 | - | (1), (2)(a) introductory portion, (3), (4)(a), (4)(b) introductory portion, (5) | |
697 | - | introductory portion, (5)(c) introductory portion, (5)(d), (5)(e) introductory | |
698 | - | portion, (5)(e)(I), (6) introductory portion, (6)(b)(II), (7), (8) introductory | |
699 | - | portion, (9), and (10); and repeal (1.5) as follows: | |
700 | - | 30-20-1405. End users fund - creation - quarterly rebates - rules | |
701 | - | - repeal. (1) (a) There is hereby | |
702 | - | created in the state treasury the end users | |
703 | - | fund, referred to in this section as the "fund", consisting of the fee revenue | |
704 | - | credited pursuant to section 30-20-1403 (2)(a)(II) | |
705 | - | 30-20-1403 (3)(a)(II). | |
706 | - | (b) The state treasurer shall credit all interest and any other return | |
707 | - | on the investment of money in the fund to the fund. The fund is subject to | |
708 | - | annual appropriation by the general assembly to the department for the | |
709 | - | purposes specified in this section MONEY CREDITED TO THE FUND IS | |
710 | - | CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET | |
711 | - | FORTH IN THIS SECTION | |
712 | - | . | |
713 | - | (1.5) Notwithstanding any other provision of this section, on June | |
714 | - | 30, 2020, the state treasurer shall transfer one million four hundred | |
715 | - | thousand dollars from the fund to the general fund. | |
716 | - | PAGE 15-SENATE BILL 24-123 (2) (a) The department ENTERPRISE, IN CONSULTATION WITH THE | |
717 | - | DEPARTMENT | |
718 | - | , shall use the money in the fund to provide quarterly rebates | |
719 | - | to in-state: | |
720 | - | (3) The rebate is subject to the following conditions: | |
721 | - | (a) The department | |
722 | - | ENTERPRISE shall pay the rebate amount | |
723 | - | quarterly, on a per-ton basis; and | |
724 | - | (b) Once the department ENTERPRISE has paid a rebate on a | |
725 | - | particular quantity of tire-derived product, every part of that particular | |
726 | - | quantity of tire-derived product is no longer eligible for payment of the | |
727 | - | rebate. | |
728 | - | (4) (a) The commission | |
729 | - | ENTERPRISE, IN CONSULTATION WITH THE | |
730 | - | COMMISSION | |
731 | - | , shall annually set the amount of the rebate, by rule, | |
732 | - | on a | |
733 | - | per-ton basis, and the department ENTERPRISE shall pay the set rebate | |
734 | - | amount for each ton of qualified tire-derived product. The commission | |
735 | - | ENTERPRISE shall calculate the rebate to equal, but not exceed, the amount | |
736 | - | of the anticipated income transferred into the fund during each succeeding | |
737 | - | twelve-month period. | |
738 | - | (b) Each year, the department | |
739 | - | ENTERPRISE shall continue to provide | |
740 | - | the rebate in accordance with the tiered structure set forth in subsection | |
741 | - | (5)(e) of this section until: | |
742 | - | (5) The commission shall promulgate rules governing administration | |
743 | - | of the rebate. which | |
744 | - | ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION , | |
745 | - | AS AMENDED, THE COMMISSION SHALL CONSULT WITH THE ENTERPRISE IN | |
746 | - | ADOPTING RULES GOVERNING ADMINISTRATION OF THE REBATE | |
747 | - | . THE | |
748 | - | COMMISSION | |
749 | - | 'S rules must include the following: | |
750 | - | (c) If the balance of the fund is anticipated to be insufficient to pay | |
751 | - | out all of the rebates applied for, a requirement that the department | |
752 | - | ENTERPRISE: | |
753 | - | (d) A requirement that an end user that qualifies for a rebate by | |
754 | - | utilizing waste tires for: | |
755 | - | (I) Alternative daily cover must verify with the department | |
756 | - | PAGE 16-SENATE BILL 24-123 ENTERPRISE that the alternative daily cover meets all specification standards | |
757 | - | for all type-B tire-derived aggregate, as established by the ASTM standard | |
758 | - | D6270; and | |
759 | - | (II) Tire-derived aggregate must verify with the department | |
760 | - | ENTERPRISE that the tire-derived aggregate meets all specification standards | |
761 | - | for all type-A | |
762 | - | AND TYPE-B tire-derived aggregate, as established by the | |
763 | - | ASTM standard D6270; and | |
764 | - | (e) Three tiers of rebate amounts that the department | |
765 | - | ENTERPRISE | |
766 | - | may pay out based on the amount of the waste tire that was used and | |
767 | - | destroyed as follows: | |
768 | - | (I) Tier 1: Full rebates going to crumbed rubber end uses and end | |
769 | - | uses that completely destroy the waste tire for the purpose of energy | |
770 | - | recovery or other clean technologies as defined and approved by the | |
771 | - | commission by rule; | |
772 | - | (6) The department ENTERPRISE: | |
773 | - | (b) May deny: | |
774 | - | (II) All future rebates pursuant to this section and grants of money | |
775 | - | from the waste tire administration, enforcement, market development, and | |
776 | - | cleanup MANAGEMENT ENTERPRISE fund created in section 30-20-1404 to | |
777 | - | an applicant that knowingly or intentionally provides false information to | |
778 | - | the department | |
779 | - | ENTERPRISE when applying for a rebate or for a grant of | |
780 | - | money from the waste tire administration, enforcement, market | |
781 | - | development, and cleanup MANAGEMENT ENTERPRISE fund. | |
782 | - | (7) Waste tires obtained from rural counties are eligible for an | |
783 | - | additional rebate amount of twenty-five dollars per ton; however, the | |
784 | - | additional rebate amount must not exceed the rebate amount for tier 3 | |
785 | - | rebates as determined by the commission by | |
786 | - | rule pursuant to subsection | |
787 | - | (5)(e)(III) of this section. To qualify for the additional rebate amount set | |
788 | - | forth in this subsection (7), an end user must provide evidence to the | |
789 | - | department | |
790 | - | ENTERPRISE documenting the county of origin for each waste | |
791 | - | tire. | |
792 | - | (8) The department ENTERPRISE shall require that an end user submit | |
793 | - | PAGE 17-SENATE BILL 24-123 an application for a rebate that contains self-certifications provided by the | |
794 | - | end user regarding: | |
683 | + | ENTERPRISE, IN COORDINATION WITH THE department and16 | |
684 | + | the department of transportation, shall coordinate with one another to | |
685 | + | 17 | |
686 | + | systematically investigate and research the use of tire-derived aggregates18 | |
687 | + | in technically feasible and economically viable civil applications19 | |
688 | + | associated with the department of transportation's roadway mission. The20 | |
689 | + | department shall include any findings regarding tire-derived aggregates,21 | |
690 | + | as appropriate, in the department's annual report to the general assembly.22 | |
691 | + | (8) Notwithstanding any other provision of this section, on June23 | |
692 | + | 30, 2020, the state treasurer shall transfer five million three hundred24 | |
693 | + | seventy-two thousand four hundred fifteen dollars from the fund to the25 | |
694 | + | general fund.26 | |
695 | + | SECTION 5. In Colorado Revised Statutes, 30-20-1405, amend27 | |
696 | + | 123 | |
697 | + | -19- (1), (2)(a) introductory portion, (3), (4)(a), (4)(b) introductory portion, (5)1 | |
698 | + | introductory portion, (5)(c) introductory portion, (5)(d), (5)(e)2 | |
699 | + | introductory portion, (5)(e)(I), (6) introductory portion, (6)(b)(II), (7), (8)3 | |
700 | + | introductory portion, (9), and (10); and repeal (1.5) as follows:4 | |
701 | + | 30-20-1405. End users fund - creation - quarterly rebates -5 | |
702 | + | rules - repeal. (1) (a) There is hereby created in the state treasury the end6 | |
703 | + | users fund, referred to in this section as the "fund", consisting of the fee7 | |
704 | + | revenue credited pursuant to section 30-20-1403 (2)(a)(II) 30-20-14038 | |
705 | + | (3)(a)(II).9 | |
706 | + | (b) The state treasurer shall credit all interest and any other return10 | |
707 | + | on the investment of money in the fund to the fund. The fund is subject11 | |
708 | + | to annual appropriation by the general assembly to the department for the12 | |
709 | + | purposes specified in this section MONEY CREDITED TO THE FUND IS13 | |
710 | + | CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET14 | |
711 | + | FORTH IN THIS SECTION.15 | |
712 | + | (1.5) Notwithstanding any other provision of this section, on June16 | |
713 | + | 30, 2020, the state treasurer shall transfer one million four hundred17 | |
714 | + | thousand dollars from the fund to the general fund.18 | |
715 | + | (2) (a) The department ENTERPRISE, IN CONSULTATION WITH THE19 | |
716 | + | DEPARTMENT, shall use the money in the fund to provide quarterly rebates20 | |
717 | + | to in-state:21 | |
718 | + | (3) The rebate is subject to the following conditions:22 | |
719 | + | (a) The department ENTERPRISE shall pay the rebate amount23 | |
720 | + | quarterly, on a per-ton basis; and24 | |
721 | + | (b) Once the department ENTERPRISE has paid a rebate on a25 | |
722 | + | particular quantity of tire-derived product, every part of that particular26 | |
723 | + | quantity of tire-derived product is no longer eligible for payment of the27 | |
724 | + | 123 | |
725 | + | -20- rebate.1 | |
726 | + | (4) (a) The commission ENTERPRISE, IN CONSULTATION WITH THE2 | |
727 | + | COMMISSION, shall annually set the amount of the rebate, by rule, on a3 | |
728 | + | per-ton basis, and the department ENTERPRISE shall pay the set rebate4 | |
729 | + | amount for each ton of qualified tire-derived product. The commission5 | |
730 | + | ENTERPRISE shall calculate the rebate to equal, but not exceed, the amount6 | |
731 | + | of the anticipated income transferred into the fund during each7 | |
732 | + | succeeding twelve-month period.8 | |
733 | + | (b) Each year, the department ENTERPRISE shall continue to9 | |
734 | + | provide the rebate in accordance with the tiered structure set forth in10 | |
735 | + | subsection (5)(e) of this section until:11 | |
736 | + | (5) The commission shall promulgate rules governing12 | |
737 | + | administration of the rebate. which ON AND AFTER THE EFFECTIVE DATE13 | |
738 | + | OF THIS SECTION, AS AMENDED, THE COMMISSION SHALL CONSULT WITH14 | |
739 | + | THE ENTERPRISE IN ADOPTING RULES GOVERNING ADMINISTRATION OF THE15 | |
740 | + | REBATE. THE COMMISSION'S rules must include the following:16 | |
741 | + | (c) If the balance of the fund is anticipated to be insufficient to17 | |
742 | + | pay out all of the rebates applied for, a requirement that the department18 | |
743 | + | ENTERPRISE:19 | |
744 | + | (d) A requirement that an end user that qualifies for a rebate by20 | |
745 | + | utilizing waste tires for:21 | |
746 | + | (I) Alternative daily cover must verify with the department22 | |
747 | + | ENTERPRISE that the alternative daily cover meets all specification23 | |
748 | + | standards for all type-B tire-derived aggregate, as established by the24 | |
749 | + | ASTM standard D6270; and25 | |
750 | + | (II) Tire-derived aggregate must verify with the department26 | |
751 | + | ENTERPRISE that the tire-derived aggregate meets all specification27 | |
752 | + | 123 | |
753 | + | -21- standards for all type-A AND TYPE-B tire-derived aggregate, as established1 | |
754 | + | by the ASTM standard D6270; and2 | |
755 | + | (e) Three tiers of rebate amounts that the department ENTERPRISE3 | |
756 | + | may pay out based on the amount of the waste tire that was used and4 | |
757 | + | destroyed as follows:5 | |
758 | + | (I) Tier 1: Full rebates going to crumbed rubber end uses and end6 | |
759 | + | uses that completely destroy the waste tire for the purpose of energy7 | |
760 | + | recovery or other clean technologies as defined and approved by the8 | |
761 | + | commission by rule;9 | |
762 | + | (6) The department ENTERPRISE:10 | |
763 | + | (b) May deny:11 | |
764 | + | 12 | |
765 | + | (II) All future rebates pursuant to this section and grants of money13 | |
766 | + | from the waste tire administration, enforcement, market development, and14 | |
767 | + | cleanup MANAGEMENT ENTERPRISE fund created in section 30-20-1404 to15 | |
768 | + | an applicant that knowingly or intentionally provides false information to16 | |
769 | + | the department ENTERPRISE when applying for a rebate or for a grant of17 | |
770 | + | money from the waste tire administration, enforcement, market18 | |
771 | + | development, and cleanup MANAGEMENT ENTERPRISE fund.19 | |
772 | + | (7) Waste tires obtained from rural counties are eligible for an20 | |
773 | + | additional rebate amount of twenty-five dollars per ton; however, the21 | |
774 | + | additional rebate amount must not exceed the rebate amount for tier 322 | |
775 | + | rebates as determined by the commission by rule pursuant to subsection23 | |
776 | + | (5)(e)(III) of this section. To qualify for the additional rebate amount set24 | |
777 | + | forth in this subsection (7), an end user must provide evidence to the25 | |
778 | + | department ENTERPRISE documenting the county of origin for each waste26 | |
779 | + | tire.27 | |
780 | + | 123 | |
781 | + | -22- (8) The department ENTERPRISE shall require that an end user1 | |
782 | + | submit an application for a rebate that contains self-certifications2 | |
783 | + | provided by the end user regarding:3 | |
795 | 784 | (9) (a) O | |
796 | - | N OR AFTER JANUARY 1, 2026, AND UNTIL DECEMBER 31, | |
797 | - | 2041, | |
798 | - | ENTERPRISE may issue rebates after January 1, 2026, | |
799 | - | only for end uses occurring and rebates applied for on or | |
800 | - | 31, 2025 PURSUANT TO THIS SECTION. | |
785 | + | N OR AFTER JANUARY 1, 2026, AND UNTIL DECEMBER 31,4 | |
786 | + | 2041, | |
787 | + | the department ENTERPRISE may issue rebates after January 1, 2026,5 | |
788 | + | only for end uses occurring and rebates applied for on or before6 | |
789 | + | December 31, 2025 PURSUANT TO THIS SECTION.7 | |
801 | 790 | (b) The commission, | |
802 | - | IN CONSULTATION WITH THE ENTERPRISE, shall | |
803 | - | repeal any rules concerning the fund and implementation of this section | |
804 | - | once the department ENTERPRISE has issued the final rebates pursuant to | |
805 | - | subsection (9)(a) of this section. | |
806 | - | (c) On July 1, 2026 JULY 1, 2042, the state treasurer shall transfer | |
807 | - | any money left in the fund to the general fund. | |
808 | - | (10) This section is repealed, effective July 1, 2026 DECEMBER 31, | |
809 | - | 2042. | |
810 | - | SECTION 6. In Colorado Revised Statutes, add 30-20-1405.5 as | |
811 | - | follows: | |
812 | - | 30-20-1405.5. Waste tire administration fund - creation - clean | |
791 | + | IN CONSULTATION WITH THE ENTERPRISE ,8 | |
792 | + | shall repeal any rules concerning the fund and implementation of this9 | |
793 | + | section once the department | |
794 | + | ENTERPRISE has issued the final rebates10 | |
795 | + | pursuant to subsection (9)(a) of this section.11 | |
796 | + | (c) On July 1, 2026 JULY 1, 2042, the state treasurer shall transfer12 | |
797 | + | any money left in the fund to the general fund.13 | |
798 | + | (10) This section is repealed, effective July 1, 2026 DECEMBER 31,14 | |
799 | + | 2042.15 | |
800 | + | SECTION 6. In Colorado Revised Statutes, add 30-20-1405.5 as16 | |
801 | + | follows:17 | |
802 | + | 30-20-1405.5. Waste tire administration fund - creation - clean18 | |
813 | 803 | up - reimbursement - penalties - rules. (1) (a) T | |
814 | - | HERE IS CREATED IN THE | |
815 | - | STATE TREASURY THE WASTE TIRE ADMINISTRATION FUND | |
816 | - | , REFERRED TO IN | |
817 | - | THIS SECTION AS THE | |
818 | - | "FUND". | |
804 | + | HERE IS CREATED IN | |
805 | + | 19 | |
806 | + | THE STATE TREASURY THE WASTE TIRE ADMINISTRATION FUND , REFERRED20 | |
807 | + | TO IN THIS SECTION AS THE "FUND".21 | |
819 | 808 | (b) T | |
820 | 809 | HE FUND CONSISTS OF THE WASTE TIRE ADMINISTRATION FEE | |
821 | - | REVENUE CREDITED TO THE FUND PURSUANT TO SECTION | |
822 | - | 30-20-1403 (3)(b) | |
810 | + | 22 | |
811 | + | REVENUE CREDITED TO THE FUND PURSUANT TO SECTION 30-20-140323 | |
812 | + | (3)(b) | |
823 | 813 | AND ANY OTHER MONEY APPROPRIATED OR TRANSFERRED TO IT . | |
814 | + | 24 | |
824 | 815 | (c) M | |
825 | - | ONEY CREDITED TO THE FUND IS CONTINUOUSLY APPROPRIATED | |
826 | - | TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN SUBSECTION | |
827 | - | (2) OF | |
828 | - | THIS SECTION | |
829 | - | . | |
830 | - | (2) T | |
831 | - | HE DEPARTMENT MAY USE THE MONEY IN THE FUND FOR THE | |
832 | - | REASONABLE DIRECT AND INDIRECT COSTS OF CONDUCTING THE | |
833 | - | REGULATORY AND ADMINISTRATIVE FUNCTIONS OF THE DEPARTMENT IN | |
834 | - | IMPLEMENTING THIS PART | |
835 | - | 14, INCLUDING: | |
836 | - | PAGE 18-SENATE BILL 24-123 (a) INSPECTING NEW MOTOR VEHICLE TIRE AND NEW TRAILER TIRE | |
837 | - | RETAILERS TO DETERMINE WHETHER ALL FEES ARE BEING COLLECTED | |
838 | - | ; | |
816 | + | ONEY CREDITED TO THE FUND IS CONTI NUOUSLY | |
817 | + | 25 | |
818 | + | APPROPRIATED TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN26 | |
819 | + | SUBSECTION (2) OF THIS SECTION.27 | |
820 | + | 123 | |
821 | + | -23- (2) THE DEPARTMENT MAY USE THE MONEY IN THE FUND FOR THE1 | |
822 | + | REASONABLE DIRECT AND INDIRECT COSTS OF CONDUCTING THE2 | |
823 | + | REGULATORY AND ADMINISTRATIVE FUNCTIONS OF THE DEPARTMENT IN3 | |
824 | + | IMPLEMENTING THIS PART 14, INCLUDING:4 | |
825 | + | (a) I | |
826 | + | NSPECTING NEW MOTOR VEHICLE TIRE AND NEW TRAILER TIRE | |
827 | + | 5 | |
828 | + | RETAILERS TO DETERMINE WHETHER ALL FEES ARE BEING COLLECTED ;6 | |
839 | 829 | (b) E | |
840 | 830 | NFORCING THE REQUIREMENTS OF THIS PART 14 PURSUANT TO | |
841 | - | ||
842 | - | , INCLUDING SECTIONS 30-20-113 AND 30-20-114; | |
831 | + | 7 | |
832 | + | EXISTING AUTHORITY, INCLUDING SECTIONS 30-20-113 AND 30-20-114;8 | |
843 | 833 | (c) D | |
844 | - | EVELOPING A SYSTEM TO ADDRESS THE RECEIPT BY | |
845 | - | ||
846 | - | ||
847 | - | ; | |
834 | + | EVELOPING A SYSTEM TO ADDRESS THE RECEIPT BY | |
835 | + | 9 | |
836 | + | REGISTERED PERSONS OF UNMANIFESTED WASTE TIRES FROM10 | |
837 | + | UNREGISTERED WASTE TIRE HAULERS ;11 | |
848 | 838 | (d) M | |
849 | 839 | AINTAINING AN ONLINE COMPLAINT FORM AND PROCESS FOR | |
850 | - | LAW ENFORCEMENT | |
851 | - | , FIRE DEPARTMENTS, AND CITIZENS TO REPORT | |
852 | - | POTENTIAL WASTE TIRE VIOLATIONS | |
853 | - | ; | |
840 | + | 12 | |
841 | + | LAW ENFORCEMENT , FIRE DEPARTMENTS, AND CITIZENS TO REPORT13 | |
842 | + | POTENTIAL WASTE TIRE VIOLATIONS;14 | |
854 | 843 | (e) R | |
855 | 844 | EIMBURSING THE DIVISION OF FIRE PREVENTION AND CONTROL | |
856 | - | ||
857 | - | : | |
845 | + | 15 | |
846 | + | IN THE DEPARTMENT OF PUBLIC SAFETY FOR :16 | |
858 | 847 | (I) I | |
859 | 848 | NSPECTIONS OF FACILITIES WHERE WASTE TIRES ARE PRESENT | |
860 | - | CONDUCTED BY THE DIVISION OF FIRE PREVENTION AND CONTROL TO | |
861 | - | DETERMINE WHETHER THE WASTE TIRE COLLECTION FACILITIES | |
862 | - | , WASTE TIRE | |
863 | - | PROCESSORS | |
864 | - | , AND WASTE TIRE MONOFILLS ARE IN COMPLIANCE WITH THE | |
865 | - | RULES PROMULGATED BY THE DIRECTOR OF THE DIVISION PURSUANT TO | |
866 | - | SECTION | |
867 | - | 24-33.5-1203.5 (2); AND | |
868 | - | (II) TECHNICAL AND OTHER ASSISTANCE THE DIVISION OF FIRE | |
869 | - | PREVENTION AND CONTROL PROVIDES TO THE DEPARTMENT OR THE PUBLIC | |
870 | - | RELATED TO WASTE TIRES | |
871 | - | , INCLUDING ASSISTANCE RELATED TO: | |
849 | + | 17 | |
850 | + | CONDUCTED BY THE DIVISION OF FIRE PREVENTION AND CONTROL TO18 | |
851 | + | DETERMINE WHETHER THE WASTE TIRE COLLECTION FACILITIES , WASTE19 | |
852 | + | TIRE PROCESSORS, AND WASTE TIRE MONOFILLS ARE IN COMPLIANCE WITH20 | |
853 | + | THE RULES PROMULGATED BY THE DIRECTOR OF THE DIVISION PURSUANT21 | |
854 | + | TO SECTION 24-33.5-1203.5 (2); AND22 | |
855 | + | (II) T | |
856 | + | ECHNICAL AND OTHER ASSISTANCE THE DIVISION OF FIRE | |
857 | + | 23 | |
858 | + | PREVENTION AND CONTROL PROVIDES TO THE DEPARTMENT OR THE PUBLIC24 | |
859 | + | RELATED TO WASTE TIRES, INCLUDING ASSISTANCE RELATED TO:25 | |
872 | 860 | (A) T | |
873 | 861 | HE DEVELOPMENT OF FIRE PREVENTION EDUCATION | |
874 | - | MATERIALS | |
875 | - | ; AND | |
876 | - | (B) REVIEW OF FIRE PREVENTION PLANS; | |
862 | + | 26 | |
863 | + | MATERIALS; AND27 | |
864 | + | 123 | |
865 | + | -24- (B) REVIEW OF FIRE PREVENTION PLANS;1 | |
877 | 866 | (f) R | |
878 | 867 | EGISTERING AND REGULATING WASTE TIRE HAULERS , WASTE | |
879 | - | TIRE GENERATORS | |
880 | - | , USED TIRE MANAGERS , WASTE TIRE COLLECTION | |
881 | - | FACILITIES | |
882 | - | , WASTE TIRE PROCESSORS, MOBILE PROCESSORS, WASTE TIRE | |
883 | - | MONOFILLS | |
884 | - | , AND END USERS IN ACCORDANCE WITH SECTIONS 30-20-1408 TO | |
885 | - | 30-20-1417; | |
868 | + | 2 | |
869 | + | TIRE GENERATORS, USED TIRE MANAGERS , WASTE TIRE COLLECTION3 | |
870 | + | FACILITIES, WASTE TIRE PROCESSORS, MOBILE PROCESSORS, WASTE TIRE4 | |
871 | + | MONOFILLS, AND END USERS IN ACCORDANCE WITH SECTIONS 30-20-14085 | |
872 | + | TO 30-20-1417;6 | |
886 | 873 | (g) P | |
887 | - | ROVIDING GRANTS TO LAW ENFORCEMENT , FIRE | |
888 | - | ||
889 | - | ||
890 | - | ||
891 | - | 14; | |
874 | + | ROVIDING GRANTS TO LAW ENFORCEMENT , FIRE | |
875 | + | 7 | |
876 | + | DEPARTMENTS, LOCAL HEALTH DEPARTMENTS, STATE AGENCIES, AND ANY8 | |
877 | + | OTHER APPLICABLE ENTITIES FOR PURCHASING EQUIPMENT AND SUPPLIES9 | |
878 | + | TO IMPLEMENT THIS PART 14;10 | |
892 | 879 | (h) T | |
893 | 880 | RAINING OF AND ENFORCEMENT BY ENTITIES THAT ENFORCE | |
894 | - | ||
895 | - | 14; | |
881 | + | 11 | |
882 | + | THIS PART 14;12 | |
896 | 883 | (i) A | |
897 | - | WARDING GRANTS AND DEVELOPING EDUCATIONAL PROGRAMS | |
898 | - | FOR ENFORCEMENT | |
899 | - | , FIRE PREVENTION AND SUPPRESSION , PROPER WASTE | |
900 | - | TIRE MANAGEMENT AND DISPOSAL | |
901 | - | , TRAINING, AND CUSTOMER TECHNICAL | |
902 | - | ASSISTANCE | |
903 | - | ; AND | |
904 | - | (j) ANY OTHER REGULATORY OR ADMINISTRATIVE COSTS RELATED | |
905 | - | TO THE DEPARTMENT | |
906 | - | 'S AUTHORITY AND DUTIES IN IMPLEMENTING THIS PART | |
907 | - | 14. | |
884 | + | WARDING GRANTS AND DEVELOPING EDUCATIONAL | |
885 | + | 13 | |
886 | + | PROGRAMS FOR ENFORCEMENT , FIRE PREVENTION AND SUPPRESSION ,14 | |
887 | + | PROPER WASTE TIRE MANAGEMENT AND DISPOSAL , TRAINING, AND15 | |
888 | + | CUSTOMER TECHNICAL ASSISTANCE ; AND16 | |
889 | + | (j) A | |
890 | + | NY OTHER REGULATORY OR ADMINISTRATIVE COSTS RELATED | |
891 | + | 17 | |
892 | + | TO THE DEPARTMENT'S AUTHORITY AND DUTIES IN IMPLEMENTING THIS18 | |
893 | + | PART 14.19 | |
908 | 894 | (3) I | |
909 | - | F THE DEPARTMENT IS DENIED ACCESS OR IF CONSENT TO ACCESS | |
910 | - | HAS NOT BEEN GIVEN TO CLEAN UP A SITE WHERE THE DEPARTMENT | |
911 | - | REASONABLY BELIEVES WASTE TIRES EXIST ILLEGALLY | |
912 | - | , THE DEPARTMENT | |
913 | - | MAY OBTAIN FROM THE DISTRICT COURT FOR THE JUDICIAL DISTRICT IN | |
914 | - | WHICH THE PROPERTY IS LOCATED A WARRANT TO ENTER THE PROPERTY AND | |
915 | - | REMOVE THE WASTE TIRES | |
916 | - | . | |
895 | + | F THE DEPARTMENT IS DENIED ACCESS OR IF CONSENT TO | |
896 | + | 20 | |
897 | + | ACCESS HAS NOT BEEN GIVEN TO CLEAN UP A SITE WHERE THE21 | |
898 | + | DEPARTMENT REASONABLY BELIEVES WASTE TIRES EXIST ILLEGALLY , THE22 | |
899 | + | DEPARTMENT MAY OBTAIN FROM THE DISTRICT COURT FOR THE JUDICIAL23 | |
900 | + | DISTRICT IN WHICH THE PROPERTY IS LOCATED A WARRANT TO ENTER THE24 | |
901 | + | PROPERTY AND REMOVE THE WASTE TIRES .25 | |
917 | 902 | (4) (a) I | |
918 | - | N ADDITION TO ANY PENALTIES ASSESSED, THE DEPARTMENT | |
919 | - | MAY ISSUE AN ORDER REQUIRING THE OWNER OR OPERATOR TO COMPENSATE | |
920 | - | THE DEPARTMENT FOR THE COST OF REMEDIATION OF THE SITE | |
921 | - | , AND THE | |
922 | - | DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO BRING SUIT FOR | |
923 | - | COMPENSATION FROM THE OWNER OR OPERATOR FOR MONEY EXPENDED | |
924 | - | REMEDIATING THE SITE | |
925 | - | . THE DEPARTMENT SHALL USE THE RECOVERED | |
926 | - | MONEY TO REIMBURSE THE FUND FOR ACTUAL COSTS OF REMEDIATING THE | |
927 | - | SITE AND OF SEEKING COMPENSATION PURSUANT TO THIS SECTION | |
928 | - | . THE | |
929 | - | STATE TREASURER SHALL CREDIT ALL ADDITIONAL MONEY TO THE GENERAL | |
930 | - | FUND | |
931 | - | . | |
903 | + | N ADDITION TO ANY PENALTIES ASSESSED , THE | |
904 | + | 26 | |
905 | + | DEPARTMENT MAY ISSUE AN ORDER REQUIRING THE OWNER OR OPERATOR27 | |
906 | + | 123 | |
907 | + | -25- TO COMPENSATE THE DEPARTMENT FOR THE COST OF REMEDIATION OF THE1 | |
908 | + | SITE, AND THE DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO2 | |
909 | + | BRING SUIT FOR COMPENSATION FROM THE OWNER OR OPERATOR FOR3 | |
910 | + | MONEY EXPENDED REMEDIATING THE SITE . THE DEPARTMENT SHALL USE4 | |
911 | + | THE RECOVERED MONEY TO REIMBURSE THE FUND FOR ACTUAL COSTS OF5 | |
912 | + | REMEDIATING THE SITE AND OF SEEKING COMPENSATION PURSUANT TO6 | |
913 | + | THIS SECTION. THE STATE TREASURER SHALL CREDIT ALL ADDITIONAL7 | |
914 | + | MONEY TO THE GENERAL FUND .8 | |
932 | 915 | (b) T | |
933 | - | HE DEPARTMENT MAY PLACE A LIEN ON A PROPERTY ON WHICH | |
934 | - | THE DEPARTMENT FUNDS THE REMEDIATION OF WASTE TIRES PURSUANT TO | |
935 | - | THIS SECTION UNTIL THE COSTS OF REMEDIATION HAVE BEEN REPAID TO THE | |
936 | - | DEPARTMENT | |
937 | - | . IF COMPLETE REPAYMENT HAS NOT BEEN MADE BEFORE A | |
938 | - | SALE OF THE PROPERTY | |
939 | - | , THE DEPARTMENT SHALL BE REPAID IN FULL, TO THE | |
940 | - | EXTENT POSSIBLE | |
941 | - | , FROM PROCEEDS OF THE SALE. | |
942 | - | PAGE 20-SENATE BILL 24-123 SECTION 7. In Colorado Revised Statutes, 30-20-1415, amend | |
943 | - | (1)(k) as follows: | |
944 | - | 30-20-1415. Waste tire monofills - requirements. (1) An owner | |
945 | - | or operator of a waste tire monofill shall, as specified by the commission by | |
946 | - | rule: | |
947 | - | (k) Not place any waste tires into monofill storage after January 1, | |
948 | - | 2018, and | |
949 | - | SHALL close, or cause to be closed, the waste tire monofill by July | |
950 | - | 1, 2024 | |
951 | - | 2034. | |
952 | - | SECTION 8. In Colorado Revised Statutes, add 30-20-1418 as | |
953 | - | follows: | |
954 | - | 30-20-1418. Waste tire management grant program - definitions | |
955 | - | - repeal. (1) A | |
956 | - | S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE | |
957 | - | REQUIRES | |
958 | - | : | |
959 | - | (a) "E | |
960 | - | LIGIBLE ENTITY" MEANS THE FOLLOWING ENTITIES THAT | |
961 | - | PROVIDE SERVICES RELATED TO WASTE TIRE RECYCLING | |
962 | - | , BENEFICIAL REUSE, | |
963 | - | AND MANAGEMENT IN COLORADO: | |
916 | + | HE DEPARTMENT MAY PLACE A LIEN ON A PROPERTY ON | |
917 | + | 9 | |
918 | + | WHICH THE DEPARTMENT FUNDS THE REMEDIATION OF WASTE TIRES10 | |
919 | + | PURSUANT TO THIS SECTION UNTIL THE COSTS OF REMEDIATION HAVE BEEN11 | |
920 | + | REPAID TO THE DEPARTMENT . IF COMPLETE REPAYMENT HAS NOT BEEN12 | |
921 | + | MADE BEFORE A SALE OF THE PROPERTY , THE DEPARTMENT SHALL BE13 | |
922 | + | REPAID IN FULL, TO THE EXTENT POSSIBLE, FROM PROCEEDS OF THE SALE.14 | |
923 | + | SECTION 7. In Colorado Revised Statutes, 30-20-1415, amend15 | |
924 | + | (1)(k) as follows:16 | |
925 | + | 30-20-1415. Waste tire monofills - requirements. (1) An owner17 | |
926 | + | or operator of a waste tire monofill shall, as specified by the commission18 | |
927 | + | by rule:19 | |
928 | + | (k) Not place any waste tires into monofill storage after January20 | |
929 | + | 1, 2018, and | |
930 | + | SHALL close, or cause to be closed, the waste tire monofill | |
931 | + | 21 | |
932 | + | by July 1, 2024 2034.22 | |
933 | + | SECTION 8. In Colorado Revised Statutes, add 30-20-1418 as23 | |
934 | + | follows:24 | |
935 | + | 30-20-1418. Waste tire management grant program -25 | |
936 | + | definitions - repeal. (1) A | |
937 | + | S USED IN THIS SECTION, UNLESS THE CONTEXT | |
938 | + | 26 | |
939 | + | OTHERWISE REQUIRES:27 | |
940 | + | 123 | |
941 | + | -26- (a) "ELIGIBLE ENTITY" MEANS THE FOLLOWING ENTITIES THAT1 | |
942 | + | PROVIDE SERVICES RELATED TO WASTE TIRE RECYCLING , BENEFICIAL2 | |
943 | + | REUSE, AND MANAGEMENT IN COLORADO:3 | |
964 | 944 | (I) M | |
965 | 945 | UNICIPALITIES, COUNTIES, AND CITIES AND COUNTIES; | |
946 | + | 4 | |
966 | 947 | (II) N | |
967 | 948 | ONPROFIT AND FOR-PROFIT BUSINESSES INVOLVED IN WASTE | |
968 | - | TIRE RECYCLING | |
969 | - | , BENEFICIAL REUSE, AND MANAGEMENT; AND | |
970 | - | (III) INSTITUTIONS OF HIGHER EDUCATION AND PUBLIC OR PRIVATE | |
971 | - | SCHOOLS | |
972 | - | . | |
949 | + | 5 | |
950 | + | TIRE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT; AND6 | |
951 | + | (III) I | |
952 | + | NSTITUTIONS OF HIGHER EDUCATION AND PUBLIC OR PRIVATE | |
953 | + | 7 | |
954 | + | SCHOOLS.8 | |
973 | 955 | (b) "G | |
974 | 956 | RANT PROGRAM" MEANS THE WASTE TIRE MANAGEMENT | |
975 | - | ||
976 | - | . | |
957 | + | 9 | |
958 | + | GRANT PROGRAM CREATED IN THIS SECTION .10 | |
977 | 959 | (2) (a) T | |
978 | 960 | HERE IS CREATED THE WASTE TIME MANAGEMENT GRANT | |
979 | - | ||
980 | - | , WHICH SHALL BE ADMINISTERED BY THE ENTERPRISE . | |
961 | + | 11 | |
962 | + | PROGRAM, WHICH SHALL BE ADMINISTERED BY THE ENTERPRISE .12 | |
981 | 963 | (b) T | |
982 | - | HE ENTERPRISE SHALL, SUBJECT TO AVAILABLE | |
983 | - | ||
984 | - | , AWARD GRANTS FROM THE WASTE | |
985 | - | ENTERPRISE FUND | |
986 | - | ||
987 | - | ||
988 | - | ||
989 | - | ||
964 | + | HE ENTERPRISE SHALL , SUBJECT TO AVAILABLE | |
965 | + | 13 | |
966 | + | APPROPRIATIONS AND REVENUES , AWARD GRANTS FROM THE WASTE TIRE14 | |
967 | + | MANAGEMENT ENTERPRISE FUND , CREATED IN SECTION 30-20-1404, IN15 | |
968 | + | ACCORDANCE WITH THIS SECTION .16 | |
969 | + | (3) (a) T | |
970 | + | HE PURPOSE OF THE GRANT PROGRAM IS TO : | |
971 | + | 17 | |
990 | 972 | (I) P | |
991 | 973 | ROMOTE THE DEVELOPMENT OF WASTE TIRE RECYCLING , | |
992 | - | ||
993 | - | ||
994 | - | 14; | |
974 | + | 18 | |
975 | + | BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN ACCOR DANCE WITH19 | |
976 | + | THIS PART 14;20 | |
995 | 977 | (II) D | |
996 | 978 | EVELOP WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND | |
997 | - | MANAGEMENT FACILITIES AND INFRASTRUCTURE | |
998 | - | ; AND | |
999 | - | (III) EXPAND WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND | |
1000 | - | MANAGEMENT SERVICES TO FEE PAYERS | |
1001 | - | . | |
979 | + | 21 | |
980 | + | MANAGEMENT FACILITIES AND INFRASTRUCTURE ; AND22 | |
981 | + | (III) E | |
982 | + | XPAND WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND | |
983 | + | 23 | |
984 | + | MANAGEMENT SERVICES TO FEE PAYERS .24 | |
1002 | 985 | (b) T | |
1003 | 986 | HE GRANT PROGRAM IS INTENDED TO PROVIDE ECONOMIC AND | |
1004 | - | TECHNICAL ASSISTANCE TO ELIGIBLE ENTITIES IN THEIR EFFORTS RELATED | |
1005 | - | TO THE RECYCLING | |
1006 | - | , BENEFICIAL REUSE, AND MANAGEMENT OF WASTE TIRES . | |
987 | + | 25 | |
988 | + | TECHNICAL ASSISTANCE TO ELIGIBLE ENTITIES IN THEIR EFFORTS RELATED26 | |
989 | + | TO THE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT OF WASTE27 | |
990 | + | 123 | |
991 | + | -27- TIRES.1 | |
1007 | 992 | (4) (a) A | |
1008 | 993 | N ELIGIBLE ENTITY MAY SUBMIT AN APPLICATION TO THE | |
1009 | - | ||
1010 | - | ||
1011 | - | . | |
994 | + | 2 | |
995 | + | ENTERPRISE FOR A GRANT PURSUANT TO THE APPLICATION POLICIES AND3 | |
996 | + | PROCEDURES ESTABLISHED BY THE BOARD .4 | |
1012 | 997 | (b) A | |
1013 | 998 | T A MINIMUM, AN APPLICATION SUBMITTED TO THE BOARD | |
1014 | - | ||
1015 | - | : | |
999 | + | 5 | |
1000 | + | MUST INCLUDE THE FOLLOWING INFORMATION :6 | |
1016 | 1001 | (I) A | |
1017 | - | N APPLICATION NARRATIVE THAT DESCRIBES HOW THE | |
1018 | - | ||
1019 | - | , INCLUDING HOW THE GRANT | |
1020 | - | THE RECYCLING | |
1021 | - | ||
1002 | + | N APPLICATION NARRATIVE THAT DESCRIBES HOW THE | |
1003 | + | 7 | |
1004 | + | ELIGIBLE ENTITY WILL USE THE GRANT, INCLUDING HOW THE GRANT WILL8 | |
1005 | + | PROMOTE THE RECYCLING , BENEFICIAL REUSE, AND MANAGEMENT OF9 | |
1006 | + | WASTE TIRES;10 | |
1022 | 1007 | (II) A | |
1023 | 1008 | N ESTIMATE OF THE COST OF THE EQUIPMENT , | |
1024 | - | INFRASTRUCTURE, OR PROJECT THE ELIGIBLE ENTITY IS INTENDING TO FUND | |
1025 | - | WITH THE GRANT AND WHETHER THE EQUIPMENT | |
1026 | - | , INFRASTRUCTURE, OR | |
1027 | - | PROJECT MEETS THE REQUIREMENTS SPECIFIED IN SUBSECTION | |
1028 | - | (5) OF THIS | |
1029 | - | SECTION | |
1030 | - | ; | |
1009 | + | 11 | |
1010 | + | INFRASTRUCTURE, OR PROJECT THE ELIGIBLE ENTITY IS INTENDING TO12 | |
1011 | + | FUND WITH THE GRANT AND WHETHER THE EQUIPMENT , INFRASTRUCTURE,13 | |
1012 | + | OR PROJECT MEETS THE REQUIREMENTS SPECIFIED IN SUBSECTION (5) OF14 | |
1013 | + | THIS SECTION;15 | |
1031 | 1014 | (III) T | |
1032 | - | HE AMOUNT OF IN-KIND CONTRIBUTIONS OR MATCHING FUNDS , | |
1033 | - | IF ANY, TO THE PROJECT BUDGET FROM THE APPLICANT OR OTHER SOURCES | |
1034 | - | OUTSIDE OF THE GRANT | |
1035 | - | ; AND | |
1036 | - | (IV) WHETHER THERE IS LOCAL COMMUNITY SUPPORT FOR THE | |
1037 | - | GRANT APPLICATION | |
1038 | - | . | |
1039 | - | PAGE 22-SENATE BILL 24-123 (5) (a) THE BOARD MAY AWARD GRANTS TO ELIGIBLE ENTITIES FOR | |
1040 | - | THE FOLLOWING PURPOSES | |
1041 | - | : | |
1015 | + | HE AMOUNT OF IN-KIND CONTRIBUTIONS OR MATCHING | |
1016 | + | 16 | |
1017 | + | FUNDS, IF ANY, TO THE PROJECT BUDGET FROM THE APPLICANT OR OTHER17 | |
1018 | + | SOURCES OUTSIDE OF THE GRANT; AND18 | |
1019 | + | (IV) W | |
1020 | + | HETHER THERE IS LOCAL COMMUNITY SUPPORT FOR THE | |
1021 | + | 19 | |
1022 | + | GRANT APPLICATION.20 | |
1023 | + | (5) (a) T | |
1024 | + | HE BOARD MAY AWARD GRANTS TO ELIGIBLE ENTITIES FOR | |
1025 | + | 21 | |
1026 | + | THE FOLLOWING PURPOSES:22 | |
1042 | 1027 | (I) T | |
1043 | 1028 | HE PURCHASE OF WASTE TIRE RECYCLING , BENEFICIAL REUSE, | |
1044 | - | AND MANAGEMENT EQUIPMENT OR INFRASTRUCTURE ; | |
1029 | + | 23 | |
1030 | + | AND MANAGEMENT EQUIPMENT OR INFRASTRUCTURE ;24 | |
1045 | 1031 | (II) S | |
1046 | 1032 | TAFFING OF WASTE TIRE RECYCLING, BENEFICIAL REUSE, AND | |
1047 | - | ||
1048 | - | ; | |
1033 | + | 25 | |
1034 | + | MANAGEMENT FACILITIES;26 | |
1049 | 1035 | (III) M | |
1050 | 1036 | ARKETING AND COMMUNICATIONS FOR WASTE TIRE | |
1051 | - | RECYCLING | |
1052 | - | , BENEFICIAL REUSE, AND MANAGEMENT SERVICES ; | |
1037 | + | 27 | |
1038 | + | 123 | |
1039 | + | -28- RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT SERVICES ;1 | |
1053 | 1040 | (IV) P | |
1054 | - | OLICY AND RESEARCH DEVELOPMENT RELATED TO WASTE | |
1055 | - | ||
1056 | - | , BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES ; | |
1041 | + | OLICY AND RESEARCH DEVELOPMENT RELATED TO WASTE | |
1042 | + | 2 | |
1043 | + | TIRE RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES ;3 | |
1057 | 1044 | (V) C | |
1058 | - | OMMUNITY ENGAGEMENT REGARDING WASTE TIRE RECYCLING , | |
1059 | - | BENEFICIAL REUSE, AND MANAGEMENT; AND | |
1060 | - | (VI) OTHER PROJECTS OR USES AS DETERMINED BY THE BOARD . | |
1045 | + | OMMUNITY ENGAGEMENT REGARDING WASTE TIRE | |
1046 | + | 4 | |
1047 | + | RECYCLING, BENEFICIAL REUSE, AND MANAGEMENT; AND5 | |
1048 | + | (VI) O | |
1049 | + | THER PROJECTS OR USES AS DETERMINED BY THE BOARD . | |
1050 | + | 6 | |
1061 | 1051 | (b) (I) T | |
1062 | - | HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY FOR | |
1063 | - | THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE | |
1064 | - | , BUT NO MORE THAN | |
1065 | - | FIFTY PERCENT OF THE COST OF ANY EQUIPMENT OR INFRASTRUCTURE CAN | |
1066 | - | BE FUNDED THROUGH THE GRANT PROGRAM | |
1067 | - | . | |
1052 | + | HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY | |
1053 | + | 7 | |
1054 | + | FOR THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE , BUT NO MORE8 | |
1055 | + | THAN FIFTY PERCENT OF THE COST OF ANY EQUIPMENT OR9 | |
1056 | + | INFRASTRUCTURE CAN BE FUNDED THROUGH THE GRANT PROGRAM .10 | |
1068 | 1057 | (II) T | |
1069 | 1058 | HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY THAT | |
1070 | - | ||
1071 | - | ||
1072 | - | . | |
1059 | + | 11 | |
1060 | + | FUND ONE HUNDRED PERCENT OF THE COST OF A PROJECT THAT DOES NOT12 | |
1061 | + | INVOLVE THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE .13 | |
1073 | 1062 | (c) I | |
1074 | 1063 | N AWARDING GRANTS TO ELIGIBLE ENTITIES , THE BOARD IS | |
1075 | - | ||
1076 | - | : | |
1064 | + | 14 | |
1065 | + | SUBJECT TO THE FOLLOWING CONDITIONS :15 | |
1077 | 1066 | (I) U | |
1078 | 1067 | P TO FORTY PERCENT OF THE ENTERPRISE 'S ANNUAL GRANT | |
1079 | - | ||
1080 | - | ; | |
1081 | - | (II) | |
1082 | - | ||
1083 | - | ||
1084 | - | ||
1085 | - | . | |
1068 | + | 16 | |
1069 | + | FUNDING MAY GO TO A SINGLE AWARD ; AND17 | |
1070 | + | (II) I | |
1071 | + | F THE BOARD AWARDS A GRANT TO AN ELIGIBLE ENTITY FOR | |
1072 | + | 18 | |
1073 | + | THE PURCHASE OF INFRASTRUCTURE OR EQUIPMENT , THE ELIGIBLE ENTITY19 | |
1074 | + | IS INELIGIBLE TO RECEIVE A GRANT FOR THE FOLLOWING FIVE YEARS .20 | |
1086 | 1075 | (6) (a) (I) T | |
1087 | 1076 | HE BOARD SHALL ESTABLISH CRITERIA AND POLICIES TO | |
1088 | - | PAGE 23-SENATE BILL 24-123 DETERMINE WHICH GRANTS TO AWARD FROM THE GRANT APPLICATIONS , | |
1089 | - | WHICH CRITERIA AND POLICIES IT SHALL MAKE AVAILABLE TO APPLICANTS . | |
1077 | + | 21 | |
1078 | + | DETERMINE WHICH GRANTS TO AWARD FROM THE GRANT APPLICATIONS ,22 | |
1079 | + | WHICH CRITERIA AND POLICIES IT SHALL MAKE AVAILABLE TO APPLICANTS .23 | |
1090 | 1080 | (II) T | |
1091 | 1081 | HE BOARD SHALL GIVE PRIORITY TO PROJECTS THAT ADVANCE | |
1092 | - | SUSTAINABLE DESIGN | |
1093 | - | , PRODUCTION, RECOVERABILITY, REUSE, REPAIR, OR | |
1094 | - | RECYCLING OF WASTE TIRES | |
1095 | - | , WITH THE HIGHEST PRIORITY GIVEN TO | |
1096 | - | PROJECTS THAT WOULD KEEP WASTE TIRE MATERIAL AVAILABLE FOR | |
1097 | - | REMANUFACTURING | |
1098 | - | . | |
1082 | + | 24 | |
1083 | + | SUSTAINABLE DESIGN, PRODUCTION, RECOVERABILITY, REUSE, REPAIR, OR25 | |
1084 | + | RECYCLING OF WASTE TIRES , WITH THE HIGHEST PRIORITY GIVEN TO26 | |
1085 | + | PROJECTS THAT WOULD KEEP WASTE TIRE MATERIAL AVAILABLE FOR27 | |
1086 | + | 123 | |
1087 | + | -29- REMANUFACTURING .1 | |
1099 | 1088 | (b) T | |
1100 | 1089 | HE BOARD SHALL ESTABLISH POLICIES FOR THE GRANT | |
1101 | - | ||
1102 | - | , WHICH MUST INCLUDE: | |
1090 | + | 2 | |
1091 | + | PROGRAM, WHICH MUST INCLUDE:3 | |
1103 | 1092 | (I) A | |
1104 | 1093 | N APPLICATION FORM AND APPLICATION PROCEDURES ; | |
1094 | + | 4 | |
1105 | 1095 | (II) A | |
1106 | 1096 | DEADLINE EACH YEAR FOR WHEN GRANT PROGRAM | |
1107 | - | ||
1108 | - | ; | |
1097 | + | 5 | |
1098 | + | APPLICATIONS MUST BE SUBMITTED ;6 | |
1109 | 1099 | (III) A | |
1110 | 1100 | POLICY THAT REQUIRES A GRANT RECIPIENT TO ENTER INTO | |
1111 | - | ||
1112 | - | ||
1113 | - | ; | |
1101 | + | 7 | |
1102 | + | A GRANT AGREEMENT WITH THE BOARD THAT INCLUDES A SCOPE OF WORK8 | |
1103 | + | AND DEADLINES FOR THE ACHIEVEMENT OF THAT WORK ;9 | |
1114 | 1104 | (IV) C | |
1115 | 1105 | RITERIA FOR MEASURING PROGRESS OF THE PROJECTS THAT | |
1116 | - | ||
1117 | - | ; | |
1106 | + | 10 | |
1107 | + | RECEIVE FUNDING THROUGH THE GRANT PROGRAM ;11 | |
1118 | 1108 | (V) A | |
1119 | 1109 | POLICY THAT REQUIRES ANNUAL REPORTING BY GRANT | |
1120 | - | RECIPIENTS ON THE PROGRESS OF THE PROJECT FINANCED BY THE GRANT | |
1121 | - | ; | |
1122 | - | AND | |
1123 | - | (VI) A POLICY REGARDING A GRANT RECIPIENT 'S NONCOMPLIANCE | |
1124 | - | WITH THE GRANT AGREEMENT ENTERED INTO BY THE GRANT RECIPIENT AND | |
1125 | - | THE BOARD | |
1126 | - | , WHICH POLICY MAY INCLUDE A MECHANISM FOR THE BOARD TO | |
1127 | - | CONVERT THE GRANT RECIPIENT | |
1128 | - | 'S GRANT TO A LOAN WITH INTEREST. | |
1110 | + | 12 | |
1111 | + | RECIPIENTS ON THE PROGRESS OF THE PROJECT FINANCED BY THE GRANT ;13 | |
1112 | + | AND14 | |
1113 | + | (VI) A | |
1114 | + | POLICY REGARDING A GRANT RECIPIENT'S NONCOMPLIANCE | |
1115 | + | 15 | |
1116 | + | WITH THE GRANT AGREEMENT ENTERED INTO BY THE GRANT RECIPIENT 'S16 | |
1117 | + | AND THE BOARD, WHICH POLICY MAY INCLUDE A MECHANISM FOR THE17 | |
1118 | + | BOARD TO CONVERT THE GRANT RECIPIENT 'S GRANT TO A LOAN WITH18 | |
1119 | + | INTEREST.19 | |
1129 | 1120 | (7) (a) T | |
1130 | 1121 | HE GRANT PROGRAM IS FUNDED BY THE WASTE TIRE | |
1131 | - | ENTERPRISE FEE | |
1132 | - | . THE BOARD MAY DESIGNATE UP TO TEN PERCENT OF THE | |
1133 | - | REVENUE GENERATED FROM THE ENTERPRISE FEE TO THE GRANT PROGRAM | |
1134 | - | IN ANY GIVEN YEAR | |
1135 | - | . | |
1122 | + | 20 | |
1123 | + | ENTERPRISE FEE. THE BOARD MAY DESIGNATE UP TO TEN PERCENT OF THE21 | |
1124 | + | REVENUE GENERATED FROM THE ENTERPRISE FEE TO THE GRANT PROGRAM22 | |
1125 | + | IN ANY GIVEN YEAR.23 | |
1136 | 1126 | (b) T | |
1137 | 1127 | HE BOARD SHALL NOT AWARD ANY GRANTS TO ELIGIBLE | |
1138 | - | ENTITIES THROUGH THE GRANT PROGRAM AFTER | |
1139 | - | DECEMBER 31, 2040. | |
1140 | - | PAGE 24-SENATE BILL 24-123 (8) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2042. | |
1141 | - | SECTION 9. Appropriation. (1) For the 2024-25 state fiscal year, | |
1142 | - | $60,208 is appropriated to the department of public health and environment. | |
1143 | - | This appropriation is from the waste tire administration, enforcement, | |
1144 | - | market development, and cleanup fund created in section 30-20-1404 (1), | |
1145 | - | C.R.S. To implement this act, the department may use this appropriation as | |
1146 | - | follows: | |
1147 | - | (a) $9,000 for use by the hazardous materials and waste | |
1148 | - | management division for the solid waste control program; and | |
1149 | - | (b) $51,208 for the purchase of legal services. | |
1150 | - | (2) For the 2024-25 state fiscal year, $51,208 is appropriated to the | |
1151 | - | department of law. This appropriation is from reappropriated funds received | |
1152 | - | from the department of public health and environment under subsection | |
1153 | - | (1)(b) of this section and is based on an assumption that the department of | |
1154 | - | law will require an additional 0.2 FTE. To implement this act, the | |
1155 | - | department of law may use this appropriation to provide legal services for | |
1156 | - | the department of public health and environment. | |
1157 | - | SECTION 10. Effective date. This act takes effect upon passage; | |
1158 | - | except that section 30-20-1403 (2.5), Colorado Revised Statutes, as added | |
1159 | - | in section 3 of this act, takes effect on July 1, 2025; section 30-20-1404, | |
1160 | - | Colorado Revised Statutes, as amended in section 4 of this act, takes effect | |
1161 | - | on July 1, 2025; section 30-20-1405, Colorado Revised Statutes, as | |
1162 | - | amended in section of 5 of this act, takes effect on July 1, 2025; section | |
1163 | - | 30-20-1405.5, as added in section 6 of this act, takes effect on July 1, 2025; | |
1164 | - | and section 30-20-1418, as added in section 8 of this act, takes effect on | |
1165 | - | July 1, 2025. | |
1166 | - | SECTION 11. Safety clause. The general assembly finds, | |
1167 | - | determines, and declares that this act is necessary for the immediate | |
1168 | - | preservation of the public peace, health, or safety or for appropriations for | |
1169 | - | PAGE 25-SENATE BILL 24-123 the support and maintenance of the departments of the state and state | |
1170 | - | institutions. | |
1171 | - | ____________________________ ____________________________ | |
1172 | - | Steve Fenberg Julie McCluskie | |
1173 | - | PRESIDENT OF SPEAKER OF THE HOUSE | |
1174 | - | THE SENATE OF REPRESENTATIVES | |
1175 | - | ____________________________ ____________________________ | |
1176 | - | Cindi L. Markwell Robin Jones | |
1177 | - | SECRETARY OF CHIEF CLERK OF THE HOUSE | |
1178 | - | THE SENATE OF REPRESENTATIVES | |
1179 | - | APPROVED________________________________________ | |
1180 | - | (Date and Time) | |
1181 | - | _________________________________________ | |
1182 | - | Jared S. Polis | |
1183 | - | GOVERNOR OF THE STATE OF COLORADO | |
1184 | - | PAGE 26-SENATE BILL 24-123 | |
1128 | + | 24 | |
1129 | + | ENTITIES THROUGH THE GRANT PROGRAM AFTER DECEMBER 31, 2040.25 | |
1130 | + | (8) T | |
1131 | + | HIS SECTION IS REPEALED EFFECTIVE DECEMBER 31, 2042. | |
1132 | + | 26 | |
1133 | + | SECTION 9. Appropriation. (1) For the 2024-25 state fiscal27 | |
1134 | + | 123 | |
1135 | + | -30- year, $60,208 is appropriated to the department of public health and1 | |
1136 | + | environment. This appropriation is from the waste tire administration,2 | |
1137 | + | enforcement, market development, and cleanup fund created in section3 | |
1138 | + | 30-20-1404 (1), C.R.S. To implement this act, the department may use4 | |
1139 | + | this appropriation as follows:5 | |
1140 | + | (a) $9,000 for use by the hazardous materials and waste6 | |
1141 | + | management division for the solid waste control program; and 7 | |
1142 | + | (b) $51,208 for the purchase of legal services.8 | |
1143 | + | (2) For the 2024-25 state fiscal year, $51,208 is appropriated to9 | |
1144 | + | the department of law. This appropriation is from reappropriated funds10 | |
1145 | + | received from the department of public health and environment under11 | |
1146 | + | subsection (1)(b) of this section and is based on an assumption that the12 | |
1147 | + | department of law will require an additional 0.2 FTE. To implement this13 | |
1148 | + | act, the department of law may use this appropriation to provide legal14 | |
1149 | + | services for the department of public health and environment.15 | |
1150 | + | SECTION 10. Effective date. This act takes effect upon passage;16 | |
1151 | + | except that section 30-20-1403 (2.5), Colorado Revised Statutes, as added17 | |
1152 | + | in section 3 of this act, takes effect on July 1, 2025; section 30-20-1404,18 | |
1153 | + | Colorado Revised Statutes, as amended in section 4 of this act, takes19 | |
1154 | + | effect on July 1, 2025; section 30-20-1405, Colorado Revised Statutes, as20 | |
1155 | + | amended in section of 5 of this act, takes effect on July 1, 2025; section21 | |
1156 | + | 30-20-1405.5, as added in section 6 of this act, takes effect on July 1,22 | |
1157 | + | 2025; and section 30-20-1418, as added in section 8 of this act, takes23 | |
1158 | + | effect on July 1, 2025.24 | |
1159 | + | SECTION 11. Safety clause. The general assembly finds,25 | |
1160 | + | determines, and declares that this act is necessary for the immediate26 | |
1161 | + | preservation of the public peace, health, or safety or for appropriations for27 | |
1162 | + | 123 | |
1163 | + | -31- the support and maintenance of the departments of the state and state1 | |
1164 | + | institutions.2 | |
1165 | + | 123 | |
1166 | + | -32- |