Colorado 2024 Regular Session

Colorado Senate Bill SB123 Compare Versions

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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
18 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
713 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
4378 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
44105 (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
49109 (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
54113 (e) P
55114 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
68124 (f) T
69125 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
96142 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
122163 (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
147182 (b) T
148183 HE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT ,
149-SHALL PROMULGATE RULES FOR THE IMPLEMENTATION AND ENFORCEMENT
150-OF SECTIONS
151-30-20-1403 AND 30-20-1405.5 AND OTHER SECTIONS OF THIS
152-PART
153-14, AS APPLICABLE.
154-SECTION 2. In Colorado Revised Statutes, 30-20-1402, add (1.7),
155-(4.5), (12.5), and (14.5) as follows:
156-30-20-1402. Definitions. As used in this part 14, unless the context
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
158193 (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
162196 (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
166199 (12.5) "W
167200 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
170204 (14.5) "W
171205 ASTE TIRE ENTERPRISE FEE" OR "ENTERPRISE FEE" MEANS
172-MONEY COLLECTED PURSUANT TO SECTION
173-30-20-1403 (2.5)(a).
174-SECTION 3. In Colorado Revised Statutes, 30-20-1403, add (1)(c),
175-(1.5), (2)(c), (2.5), and (3) as follows:
176-30-20-1403. Waste tire recycling, beneficial reuse, and
177-management - waste tire fees - distribution - rules - repeal. (1) (c) T
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
178212 HIS
179-SUBSECTION
180-(1) IS REPEALED, EFFECTIVE JULY 1, 2025.
213+18
214+SUBSECTION (1) IS REPEALED, EFFECTIVE JULY 1, 2025.19
181215 (1.5) Enterprise. (a) (I) T
182216 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
200232 (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
213244 (b) T
214-HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :
245+HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :15
215246 (I) C
216-OLLECT THE WASTE TIRE ENTERPRISE FEE;
247+OLLECT THE WASTE TIRE ENTERPRISE FEE
248+;16
217249 (II) P
218-ROMOTE WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
219-MANAGEMENT STRATEGIES THROUGHOUT
220-COLORADO;
250+ROMOTE WASTE TIRE RECYCLING , BENEFICIAL REUSE,
251+ AND17
252+MANAGEMENT STRATEGIES THROUGHOUT COLORADO;18
221253 (III) I
222-SSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF THE
223-ENTERPRISE TO PROMOTE THE WASTE TIRE RECYCLING
224-, BENEFICIAL REUSE,
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
226258 (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
235265 (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
241270 (VI) (A) C
242271 ONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY ,
243-INCLUDING STATE AGENCIES, CONSULTANTS, AND THE ATTORNEY GENERAL'S
244-OFFICE
245-, FOR PROFESSIONAL AND TECHNICAL ASSISTANCE , OFFICE SPACE AND
246-ADMINISTRATIVE SERVICES
247-, ADVICE, AND OTHER SERVICES RELATED TO THE
248-PAGE 5-SENATE BILL 24-123 CONDUCT OF THE AFFAIRS OF THE ENTERPRISE . THE BOARD SHALL
249-ENCOURAGE DIVERSITY IN APPLICANTS FOR CONTRACTS AND SHALL
250-GENERALLY AVOID USING SINGLE
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
252281 (B) T
253282 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
266290 (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
270293 (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
276297 (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
294311 (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
300316 (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
307325 (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
312329 (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
319335 (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
326341 (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
336350 (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
344356 (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
348359 I
349360 N ACCORDANCE WITH SUBSECTION (1.5)(b)(VI)(B) OF THIS SECTION, THE
350-ENTERPRISE SHALL PAY THE DEPARTMENT A FAIR MARKET RATE FOR ANY
351-OFFICE SPACE OR ADMINISTRATIVE STAFF USED BY THE BOARD IN
352-PERFORMANCE OF THE ENTERPRISE
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
354365 (h) (I) T
355-HE DEPARTMENT MAY TRANSFER MONEY FROM ANY LEGALLY
356-AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF DEFRAYING
357-PAGE 7-SENATE BILL 24-123 EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES FEE REVENUE .
358-T
359-HE ENTERPRISE MAY ACCEPT AND EXPEND ANY MONEY SO TRANSFERRED ,
360-AND, NOTWITHSTANDING ANY STATE FISCAL RULE OR GENERALLY ACCEPTED
361-ACCOUNTING PRINCIPLE THAT COULD OTHERWISE BE INTERPRETED TO
362-REQUIRE A CONTRARY CONCLUSION
363-, SUCH A TRANSFER IS A LOAN FROM THE
364-DEPARTMENT TO THE ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS
365-NOT A GRANT FOR PURPOSES OF SECTION
366-20 (2)(d) OF ARTICLE X OF THE
367-STATE CONSTITUTION OR AS DEFINED IN SECTION
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
369380 (II)
370- ALL MONEY TRANSFERRED AS A LOAN TO THE ENTERPRISE MUST
371-BE CREDITED TO THE WASTE TIRE ADMINISTRATION
372-, ENFORCEMENT, MARKET
373-DEVELOPMENT
374-, AND CLEANUP FUND , CREATED IN SECTION 30-20-1404
375-(1)(a). L
376-OAN LIABILITIES THAT ARE RECORDED IN THE WASTE TIRE
377-ADMINISTRATION
378-, ENFORCEMENT, MARKET DEVELOPMENT , AND CLEANUP
379-FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT STATE
380-FISCAL YEAR SHALL NOT BE CONSIDERED WHEN CALCULATING SUFFICIENT
381-STATUTORY FUND BALANCE FOR PURPOSES OF SECTION
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
383394 (III) A
384395 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
410410 (2) (c) T
411411 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
430432 (II) E
431-FFECTIVE JULY 1, 2025, THE BOARD OF DIRECTORS MAY REVIEW
432-THE WASTE TIRE ENTERPRISE FEE ON AN ANNUAL BASIS AND
433-, IN
434-ACCORDANCE WITH THE FEE AM OUNT LIMIT SET FORTH IN SUBSECTION
435-(2.5)(a)(I) OF THIS SECTION, ADJUST THE WASTE TIRE FEE AMOUNT SO THAT
436-THE WASTE TIRE ENTERPRISE FEE IS IMPOSED IN AN AMOUNT THAT IS
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
438440 (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
448448 (B) S
449449 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
456457 (b) (I) E
457-FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR VEHICLE
458-TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE
459-ADMINISTRATION FEE IN AN AMOUNT TO BE SET BY THE COMMISSION
460-, IN
461-COORDINATION WITH THE DEPARTMENT
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
463464 (II) T
464465 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
476478 (c) (I) O
477479 N AND AFTER JULY 1, 2025, RETAILERS OF NEW MOTOR
478-VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT BOTH THE
479-ENTERPRISE FEE AND THE ADMINISTRATION FEE FROM THE CONSUMER AT
480-THE POINT OF SALE
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
482484 (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
514509 (IV) T
515510 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
532524 (I) T
533-HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER THE
534-COSTS DESCRIBED IN SUBSECTION
535- (2.5)(a)(II)(A) OF THIS SECTION TO THE
536-WASTE TIRE MANAGEMENT ENTERPRISE FUND CREATED IN SECTION
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
538530 (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
544535 (III) A
545536 LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
546-WASTE TIRE MANAGEMENT ENTERPRISE FUND TO THE WASTE TIRE
547-MANAGEMENT ENTERPRISE FUND
548-. ANY UNEXPENDED AND UNENCUMBERED
549-MONEY IN THE WASTE TIRE MANAGEMENT ENTERPRISE FUND AT THE END OF
550-ANY FISCAL YEAR SHALL REMAIN IN THE WASTE TIRE MANAGEMENT
551-ENTERPRISE FUND
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
553544 (IV) A
554545 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
560550 (b) (I) B
561551 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
567556 (II) A
568557 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
608593 (a) Collecting the
609594 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
642630 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
646635 (2)(f)
647-PAGE 13-SENATE BILL 24-123 AND (2)(g) OF THIS SECTION;
636+AND (2)(g)
637+ OF THIS SECTION;3
648638 (s) T
649-HE PAYMENT OF PER DIEM AND THE REIMBURSEMENT OF ACTUAL
650-AND NECESSARY EXPENSES FOR BOARD MEMBERS WHILE ON OFFICIAL
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
653643 (t) F
654644 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
687682 (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
795784 (9) (a) O
796-N OR AFTER JANUARY 1, 2026, AND UNTIL DECEMBER 31,
797-2041, the department
798- ENTERPRISE may issue rebates after January 1, 2026,
799-only for end uses occurring and rebates applied for on or before December
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
801790 (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
813803 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
819808 (b) T
820809 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)
823813 AND ANY OTHER MONEY APPROPRIATED OR TRANSFERRED TO IT .
814+24
824815 (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
839829 (b) E
840830 NFORCING THE REQUIREMENTS OF THIS PART 14 PURSUANT TO
841-EXISTING AUTHORITY
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
843833 (c) D
844-EVELOPING A SYSTEM TO ADDRESS THE RECEIPT BY REGISTERED
845-PERSONS OF UNMANIFESTED WASTE TIRES FROM UNREGISTERED WASTE TIRE
846-HAULERS
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
848838 (d) M
849839 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
854843 (e) R
855844 EIMBURSING THE DIVISION OF FIRE PREVENTION AND CONTROL
856-IN THE DEPARTMENT OF PUBLIC SAFETY FOR
857-:
845+15
846+IN THE DEPARTMENT OF PUBLIC SAFETY FOR :16
858847 (I) I
859848 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
872860 (A) T
873861 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
877866 (f) R
878867 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
886873 (g) P
887-ROVIDING GRANTS TO LAW ENFORCEMENT , FIRE DEPARTMENTS,
888-PAGE 19-SENATE BILL 24-123 LOCAL HEALTH DEPARTMENTS , STATE AGENCIES, AND ANY OTHER
889-APPLICABLE ENTITIES FOR PURCHASING EQUIPMENT AND SUPPLIES TO
890-IMPLEMENT THIS PART
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
892879 (h) T
893880 RAINING OF AND ENFORCEMENT BY ENTITIES THAT ENFORCE
894-THIS PART
895-14;
881+11
882+THIS PART 14;12
896883 (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
908894 (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
917902 (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
932915 (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
964944 (I) M
965945 UNICIPALITIES, COUNTIES, AND CITIES AND COUNTIES;
946+4
966947 (II) N
967948 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
973955 (b) "G
974956 RANT PROGRAM" MEANS THE WASTE TIRE MANAGEMENT
975-GRANT PROGRAM CREATED IN THIS SECTION
976-.
957+9
958+GRANT PROGRAM CREATED IN THIS SECTION .10
977959 (2) (a) T
978960 HERE IS CREATED THE WASTE TIME MANAGEMENT GRANT
979-PROGRAM
980-, WHICH SHALL BE ADMINISTERED BY THE ENTERPRISE .
961+11
962+PROGRAM, WHICH SHALL BE ADMINISTERED BY THE ENTERPRISE .12
981963 (b) T
982-HE ENTERPRISE SHALL, SUBJECT TO AVAILABLE APPROPRIATIONS
983-AND REVENUES
984-, AWARD GRANTS FROM THE WASTE TIRE MANAGEMENT
985-ENTERPRISE FUND
986-, CREATED IN SECTION 30-20-1404, IN ACCORDANCE WITH
987-THIS SECTION
988-.
989-PAGE 21-SENATE BILL 24-123 (3) (a) THE PURPOSE OF THE GRANT PROGRAM IS TO :
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
990972 (I) P
991973 ROMOTE THE DEVELOPMENT OF WASTE TIRE RECYCLING ,
992-BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN ACCORDANCE WITH
993-THIS PART
994-14;
974+18
975+BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN ACCOR DANCE WITH19
976+THIS PART 14;20
995977 (II) D
996978 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
1002985 (b) T
1003986 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
1007992 (4) (a) A
1008993 N ELIGIBLE ENTITY MAY SUBMIT AN APPLICATION TO THE
1009-ENTERPRISE FOR A GRANT PURSUANT TO THE APPLICATION POLICIES AND
1010-PROCEDURES ESTABLISHED BY THE BOARD
1011-.
994+2
995+ENTERPRISE FOR A GRANT PURSUANT TO THE APPLICATION POLICIES AND3
996+PROCEDURES ESTABLISHED BY THE BOARD .4
1012997 (b) A
1013998 T A MINIMUM, AN APPLICATION SUBMITTED TO THE BOARD
1014-MUST INCLUDE THE FOLLOWING INFORMATION
1015-:
999+5
1000+MUST INCLUDE THE FOLLOWING INFORMATION :6
10161001 (I) A
1017-N APPLICATION NARRATIVE THAT DESCRIBES HOW THE ELIGIBLE
1018-ENTITY WILL USE THE GRANT
1019-, INCLUDING HOW THE GRANT WILL PROMOTE
1020-THE RECYCLING
1021-, BENEFICIAL REUSE, AND MANAGEMENT OF WASTE TIRES ;
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
10221007 (II) A
10231008 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
10311014 (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
10421027 (I) T
10431028 HE PURCHASE OF WASTE TIRE RECYCLING , BENEFICIAL REUSE,
1044-AND MANAGEMENT EQUIPMENT OR INFRASTRUCTURE ;
1029+23
1030+AND MANAGEMENT EQUIPMENT OR INFRASTRUCTURE ;24
10451031 (II) S
10461032 TAFFING OF WASTE TIRE RECYCLING, BENEFICIAL REUSE, AND
1047-MANAGEMENT FACILITIES
1048-;
1033+25
1034+MANAGEMENT FACILITIES;26
10491035 (III) M
10501036 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
10531040 (IV) P
1054-OLICY AND RESEARCH DEVELOPMENT RELATED TO WASTE TIRE
1055-RECYCLING
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
10571044 (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
10611051 (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
10681057 (II) T
10691058 HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY THAT
1070-FUND ONE HUNDRED PERCENT OF THE COST OF A PROJECT THAT DOES NOT
1071-INVOLVE THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE
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
10731062 (c) I
10741063 N AWARDING GRANTS TO ELIGIBLE ENTITIES , THE BOARD IS
1075-SUBJECT TO THE FOLLOWING CONDITIONS
1076-:
1064+14
1065+SUBJECT TO THE FOLLOWING CONDITIONS :15
10771066 (I) U
10781067 P TO FORTY PERCENT OF THE ENTERPRISE 'S ANNUAL GRANT
1079-FUNDING MAY GO TO A SINGLE AWARD
1080-; AND
1081-(II) IF THE BOARD AWARDS A GRANT TO AN ELIGIBLE ENTITY FOR THE
1082-PURCHASE OF INFRASTRUCTURE OR EQUIPMENT
1083-, THE ELIGIBLE ENTITY IS
1084-INELIGIBLE TO RECEIVE A GRANT FOR THE FOLLOWING FIVE YEARS
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
10861075 (6) (a) (I) T
10871076 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
10901080 (II) T
10911081 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
10991088 (b) T
11001089 HE BOARD SHALL ESTABLISH POLICIES FOR THE GRANT
1101-PROGRAM
1102-, WHICH MUST INCLUDE:
1090+2
1091+PROGRAM, WHICH MUST INCLUDE:3
11031092 (I) A
11041093 N APPLICATION FORM AND APPLICATION PROCEDURES ;
1094+4
11051095 (II) A
11061096 DEADLINE EACH YEAR FOR WHEN GRANT PROGRAM
1107-APPLICATIONS MUST BE SUBMITTED
1108-;
1097+5
1098+APPLICATIONS MUST BE SUBMITTED ;6
11091099 (III) A
11101100 POLICY THAT REQUIRES A GRANT RECIPIENT TO ENTER INTO
1111-A GRANT AGREEMENT WITH THE BOARD THAT INCLUDES A SCOPE OF WORK
1112-AND DEADLINES FOR THE ACHIEVEMENT OF THAT WORK
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
11141104 (IV) C
11151105 RITERIA FOR MEASURING PROGRESS OF THE PROJECTS THAT
1116-RECEIVE FUNDING THROUGH THE GRANT PROGRAM
1117-;
1106+10
1107+RECEIVE FUNDING THROUGH THE GRANT PROGRAM ;11
11181108 (V) A
11191109 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
11291120 (7) (a) T
11301121 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
11361126 (b) T
11371127 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-