SENATE BILL 24-123
BY SENATOR(S) Priola and Hansen, Jaquez Lewis, Winter F.;
also REPRESENTATIVE(S) Mauro and Froelich, Amabile, Bird,
Boesenecker, Brown, Duran, Garcia, Hamrick, Jodeh, Joseph, Kipp,
Lindsay, Marshall, McCormick, McLachlan, Rutinel, Snyder, Story,
Valdez, Vigil.
C
ONCERNING THE CREATION OF AN ENTERPRISE THAT IS EXEMPT FROM THE
REQUIREMENTS OF SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION TO ADMINISTER A FEE
-BASED WASTE TIRE
MANAGEMENT PROGRAM
, AND, IN CONNECTION THEREWITH, MAKING
AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 30-20-1401, amend (1)
and (2) as follows:
30-20-1401. Legislative declaration - rules - enforcement -
recyclable material. (1) The general assembly hereby
finds and declares
that:
(a) In order to protect the environment and the public health, there
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. is a special need to address problems created by the disposal of waste tires
and the lack of recycling and beneficial use REUSE of waste tires; It is the
policy of this state to pursue proposals for recycling and other beneficial use
of waste tires in lieu of storage or landfill disposal, and, in addition, it is the
intent of the general assembly
(b) In adopting this part 14, to encourage THE GENERAL ASSEMBLY
HAS ENCOURAGED
the development of techniques for resource recovery,
recycling, and reuse of waste tires; and to provide for the management ofwaste tires. HOWEVER, THERE IS STILL ROOM FOR IMPROVEMENT REGARDING
THE MANAGEMENT OF WASTE TIRES IN
COLORADO;
(c) T
HE MANAGEMENT OF WASTE TIRES AT THE STATE LEVEL
PROMOTES ECONOMIC DEVELOPMENT AND PROVIDES SUBSTANTIAL
ENVIRONMENTAL IMPACTS ACROSS THE STATE
;
(d) I
T IS IN THE STATE'S INTEREST TO PROVIDE FOR THE RECOVERY ,
RECYCLING, REUSE, AND MANAGEMENT OF WASTE TIRES THR OUGH A
GOVERNMENT
-RUN ENTERPRISE;
(e) P
ROVIDING STATEWIDE WASTE TIRE RECYCLING , BENEFICIAL
REUSE
, AND MANAGEMENT CONSTITUTES A VALUABLE SERVICE AND
BENEFIT
, AND A WASTE TIRE MANAGEMENT ENTERPRISE WOULD PROVIDE
USEFUL BUSINESS SERVICES TO TIRE RETAILERS
, AUTOMOBILE DEALERS,
AUTOMOBILE REPAIR SHOPS , SERVICE STATIONS, AUTOMOTIVE FLEET
CENTERS
, WASTE TIRE HAULERS, WASTE TIRE COLLECTION FACILITIES, WASTE
TIRE PROCESSORS
, RECYCLING AND WASTE FACILITIES , LANDFILLS,
CONSUMERS, AND ALL RESIDENTS OF COLORADO;
(f) T
HE WASTE TIRE MANAGEMENT ENTERPRISE WILL AID IN THE
PROPER MANAGEMENT OF WASTE TIRES BY PROVIDING FINANCIAL
INCENTIVES AND REBATES FOR THE RECYCLING OF WASTE TIRES INTO
END
-USE TIRE-DERIVED PRODUCTS, WHICH FINANCIAL INCENTIVES AND
REBATES DIRECTLY COMPENSATE PEOPLE WHO PROPERLY DISPOSE OF OR
RECYCLE WASTE TIRES
, PROVIDE FEE PAYERS MORE CONVENIENT WASTE TIRE
AND DISPOSAL OPTIONS
, INCREASE THE PRODUCTION OF TIRE -DERIVED
PRODUCTS
, AND POSITIVELY IMPACT HUMAN HEALTH AND SAFETY AND THE
ENVIRONMENT
;
(g) I
T IS NECESSARY, APPROPRIATE, AND IN THE BEST INTEREST OF
PAGE 2-SENATE BILL 24-123 THE STATE TO ACKNOWLEDGE THAT , BY PROVIDING THE BUSINESS SERVICES
SPECIFIED IN THIS PART
14, THE ENTERPRISE ENGAGES IN AN ACTIVITY
CONDUCTED IN THE PURSUIT OF A BENEFIT
, GAIN, OR LIVELIHOOD AND
THEREFORE OPERATES AS A BUSINESS
;
(h) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO
SUPREME COURT IN
NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 896
P.2d 859
(COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS INCONSISTENT
WITH ENTERPRISE STATUS UNDER SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION
, IT IS THE CONCLUSION OF THE GENERAL ASSEMBLY THAT THE
WASTE TIRE ENTERPRISE FEE COLLECTED BY THE ENTERPRISE IS A FEE
, NOT
A TAX
, BECAUSE THE FEE IS IMPOSED FOR THE SPECIFIC PURPOSE OF
ALLOWING THE ENTERPRISE TO DEFRAY THE COSTS OF PROVIDING THE
BUSINESS SERVICES SPECIFIED IN SECTIONS
30-20-1404 AND 30-20-1405 TO
CONSUMERS WHO ULTIMATELY PAY THE ENTERPRISE FEE
, WHICH ENTERPRISE
FEE IS IMPOSED AT RATES THAT ARE REASONABLY CALCULATED BASED ON
THE COST OF PROVIDING THE SERVICES NEEDED BY THOSE CONSUMERS
;
(i) S
O LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE FOR
THE PURPOSES OF SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION,
THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE COLLECTED BY THE
ENTERPRISE IS NOT STATE FISCAL YEAR SPENDING
, AS DEFINED IN SECTION
24-77-102 (17), OR STATE REVENUES, AS DEFINED IN SECTION 24-77-103.6
(6)(c),
AND DOES NOT COUNT AGAINST EITHER THE STATE FISCAL YEAR
SPENDING LIMIT IMPOSED BY SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION OR THE EXCESS STATE REVENUES CAP
, AS DEFINED IN SECTION
24-77-103.6 (6)(b)(I); AND
(j) THE ENTERPRISE CREATED IN THIS PART 14 IS NECESSARY TO
CONTINUE
COLORADO'S MANAGEMENT OF WASTE TIRES AND PROVIDE
INCENTIVES TO LOCAL GOVERNMENTS
; FOR-PROFIT WASTE TIRE
MANAGEMENT
, RECYCLING, AND REUSE COMPANIES ; AND OTHER
ORGANIZATIONS THAT ARE INVOLVED IN WASTE TIRE RECYCLING
,
BENEFICIAL REUSE, AND MANAGEMENT.
(2) (a) By May 31, 2015,
The commission, IN CONSULTATION WITH
THE ENTERPRISE
, shall promulgate rules for the implementation and
enforcement of this part 14. Until the commission promulgates rules toimplement and enforce this part 14, the commission's rules in effect on July
1, 2014, governing waste tires continue to apply to the extent that they do
PAGE 3-SENATE BILL 24-123 not conflict with this part 14 SECTIONS 30-20-1403, 30-20-1404, AND
30-20-1405, AS APPLICABLE.
(b) T
HE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT ,
SHALL PROMULGATE RULES FOR THE IMPLEMENTATION AND ENFORCEMENT
OF SECTIONS
30-20-1403 AND 30-20-1405.5 AND OTHER SECTIONS OF THIS
PART
14, AS APPLICABLE.
SECTION 2. In Colorado Revised Statutes, 30-20-1402, add (1.7),
(4.5), (12.5), and (14.5) as follows:
30-20-1402. Definitions. As used in this part 14, unless the context
otherwise requires:
(1.7) "B
OARD OF DIRECTORS" OR "BOARD" MEANS THE BOARD OF
DIRECTORS OF THE ENTERPRISE
.
(4.5) "E
NTERPRISE" MEANS THE WASTE TIRE MANAGEMENT
ENTERPRISE CREATED IN SECTION
30-20-1403.
(12.5) "W
ASTE TIRE ADMINISTRATION FEE" OR "ADMINISTRATION
FEE
" MEANS MONEY COLLECTED PURSUANT TO SECTION 30-20-1403 (2.5)(b).
(14.5) "W
ASTE TIRE ENTERPRISE FEE" OR "ENTERPRISE FEE" MEANS
MONEY COLLECTED PURSUANT TO SECTION
30-20-1403 (2.5)(a).
SECTION 3. In Colorado Revised Statutes, 30-20-1403, add (1)(c),
(1.5), (2)(c), (2.5), and (3) as follows:
30-20-1403. Waste tire recycling, beneficial reuse, and
management - waste tire fees - distribution - rules - repeal. (1) (c) T
HIS
SUBSECTION
(1) IS REPEALED, EFFECTIVE JULY 1, 2025.
(1.5) Enterprise. (a) (I) T
HERE IS CREATED IN THE DEPARTMENT
THE WASTE TIRE MANAGEMENT ENTERPRISE
. THE ENTERPRISE IS AND
OPERATES AS A GOVERNMENT
-OWNED BUSINESS WITHIN THE DEPARTMENT
TO COLLECT THE WASTE TIRE ENTERPRISE FEE CHARGED BY RETAILERS OF
NEW TIRES PURSUANT TO SUBSECTION
(2.5) OF THIS SECTION AND TO USE THE
WASTE TIRE ENTERPRISE FEE TO PROMOTE WASTE TIRE RECYCLING
,
BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN COLORADO.
PAGE 4-SENATE BILL 24-123 (II) THE ENTERPRISE IS AND OPERATES AS A GOVERNMENT -OWNED
BUSINESS WITHIN THE DEPARTMENT FOR THE PURPOSE OF CONDUCTING THE
BUSINESS ACTIVITIES SPECIFIED IN THIS SECTION
. THE ENTERPRISE IS A TYPE
1 ENTITY, AS DEFINED IN SECTION 24-1-105, AND EXERCISES ITS POWERS AND
PERFORMS ITS DUTIES AND FUNCTIONS UNDER THE DEPARTMENT
.
(III) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR PURPOSES
OF SECTION
20 OF ARTICLE X OF THE STATE CONSTITUTION SO LONG AS IT
RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND RECEIVES LESS
THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS FROM ALL
COLORADO STATE AND LOCAL GOVERNMENTS COMBINED . SO LONG AS IT
CONSTITUTES AN ENTERPRISE PURSUANT TO THIS SUBSECTION
(1.5)(a), THE
ENTERPRISE IS NOT SUBJECT TO SECTION
20 OF ARTICLE X OF THE STATE
CONSTITUTION
.
(b) T
HE ENTERPRISE'S PRIMARY POWERS AND DUTIES ARE TO :
(I) C
OLLECT THE WASTE TIRE ENTERPRISE FEE;
(II) P
ROMOTE WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
MANAGEMENT STRATEGIES THROUGHOUT
COLORADO;
(III) I
SSUE REVENUE BONDS PAYABLE FROM THE REVENUES OF THE
ENTERPRISE TO PROMOTE THE WASTE TIRE RECYCLING
, BENEFICIAL REUSE,
AND MANAGEMENT STRATEGIES SPECIFIED IN THIS SECTION ;
(IV) P
UBLISH EACH YEAR, ON THE DEPARTMENT'S WEBSITE AND AS
OTHERWISE DEEMED APPROPRIATE BY THE BOARD
, THE WASTE TIRE
RECYCLING
, BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES THAT THE
BOARD HAS PRIORITIZED THROUGH THE COLLECTION OF THE WASTE TIRE
ENTERPRISE FEE
;
(V) A
DOPT, AMEND, OR REPEAL POLICIES FOR THE REGULATION OF
THE ENTERPRISE
'S AFFAIRS AND THE CONDUCT OF THE ENTERPRISE 'S
BUSINESS CONSISTENT WITH THIS PART
14;
(VI) (A) C
ONTRACT WITH ANY PUBLIC OR PRIVATE ENTITY ,
INCLUDING STATE AGENCIES, CONSULTANTS, AND THE ATTORNEY GENERAL'S
OFFICE
, FOR PROFESSIONAL AND TECHNICAL ASSISTANCE , OFFICE SPACE AND
ADMINISTRATIVE SERVICES
, ADVICE, AND OTHER SERVICES RELATED TO THE
PAGE 5-SENATE BILL 24-123 CONDUCT OF THE AFFAIRS OF THE ENTERPRISE . THE BOARD SHALL
ENCOURAGE DIVERSITY IN APPLICANTS FOR CONTRACTS AND SHALL
GENERALLY AVOID USING SINGLE
-SOURCE BIDS.
(B) T
HE ENTERPRISE SHALL PAY A FAIR MARKET RATE TO ANY
PUBLIC ENTITY
, PRIVATE ENTITY, CONTRACTOR, OR CONSULTANT, WHICH
MAY INCLUDE A STATE AGENCY
, THE ATTORNEY GENERAL'S OFFICE, OR THE
DEPARTMENT
, THAT IS HIRED BY THE ENTERPRISE TO PERFORM DUTIES
PURSUANT TO THIS SUBSECTION
(1.5)(b).
(VII) P
REPARE AND SUBMIT AN ANNUAL FINANCIAL REPORT
PURSUANT TO SUBSECTION
(1.5)(i) OF THIS SECTION.
(c) T
HE ENTERPRISE IS GOVERNED BY A BOARD OF DIRECTORS . THE
BOARD CONSISTS OF THE FOLLOWING NINE MEMBERS
:
(I) T
WO MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT TO REPRESENT THE DEPARTMENT
, INCLUDING ONE WITH
EXPERTISE IN SUSTAINABILITY AND ONE WITH EXPERTISE IN COMPLIANCE
;
(II) O
NE MEMBER APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT WHO REPRESENTS A COUNTY THAT HAS EXPERIENCE WITH THE
MANAGEMENT OF WASTE TIRES
; AND
(III) SIX MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT WHO ARE REPRESENTATIVES OF NONPROFIT AND FOR
-PROFIT
ENTITIES ENGAGED IN THE RECOVERY
, RECYCLING, REUSE, AND
MANAGEMENT OF WASTE TIRES
, INCLUDING A TIRE RETAILER, A WASTE TIRE
COLLECTION FACILITY
, A WASTE TIRE PROCESSOR , AND A WASTE TIRE
HAULER
. TO THE EXTENT PRACTICABLE, THE REPRESENTATION OF NONPROFIT
AND FOR
-PROFIT ENTITIES MUST BE BALANCED EQUALLY .
(d) O
F THE MEMBERS APPOINTED TO THE BOARD OF DIRECTORS
PURSUANT TO SUBSECTION
(1.5)(c)(III) OF THIS SECTION, AT LEAST ONE
MEMBER MUST DO BUSINESS IN A RURAL COUNTY IN THE STATE
.
(e) (I) T
HE MEMBER REPRESENTING THE DEPARTMENT WHO HAS
EXPERTISE IN SUSTAINABILITY AND IS APPOINTED PURSUANT TO SUBSECTION
(1.5)(c)(I) OF THIS SECTION SHALL CALL THE FIRST MEETING OF THE BOARD .
PAGE 6-SENATE BILL 24-123 (II) THE BOARD SHALL ELECT A CHAIR FROM AMONG ITS MEMBERS
TO SERVE FOR A TERM NOT TO EXCEED TWO YEARS
.
(III) T
HE BOARD SHALL MEET QUARTERLY , AND THE CHAIR OF THE
BOARD MAY CALL ADDITIONAL MEETINGS AS NECESSARY FOR THE BOARD TO
COMPLETE ITS DUTIES
.
(IV) T
HE TERM OF OFFICE FOR A BOARD MEMBER IS THREE YEARS ;
EXCEPT THAT FOUR OF THE SIX MEMBERS APPOINTED PURSUANT TO
SUBSECTION
(1.5)(c)(III) OF THIS SECTION SERVE INITIAL TERMS OF TWO
YEARS
. A BOARD MEMBER MAY SERVE UNLIMITED TERMS .
(f) (I) A
MEMBER OF THE BOARD OF DIRECTORS , EXCEPT FOR
MEMBERS APPOINTED PURSUANT TO SUBSECTIONS
(1.5)(c)(I) AND
(1.5)(c)(II) OF THIS SECTION, MAY RECEIVE A PER DIEM STIPEND WHILE ON
OFFICIAL ENTERPRISE BUSINESS
.
(II) T
HE PER DIEM STIPEND SHALL BE AT LEAST EQUAL TO THE
COLORADO STATE EMPLOYEE PER DIEM FOR INTRA -STATE TRAVEL AS
ESTABLISHED BY THE DEPARTMENT OF PERSONNEL
.
(III) A
LL MEMBERS OF THE BOARD OF DIRECTORS MAY RECEIVE
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED WHILE
ON OFFICIAL ENTERPRISE BUSINESS
.
(IV) T
HE ENTERPRISE MAY USE MONEY IN THE WASTE TIRE
MANAGEMENT ENTERPRISE FUND
, CREATED IN SECTION 30-20-1404, TO PAY
THE PER DIEM STIPEND TO A BOARD MEMBER AND TO REIMBURSE A BOARD
MEMBER FOR ACTUAL AND NECESSARY EXPENSES INCURRED AS PART OF THE
ENTERPRISE
'S OPERATING EXPENSES.
(g) T
HE DEPARTMENT SHALL PROVIDE OFFICE SPACE AND
ADMINISTRATIVE STAFF TO THE ENTERPRISE
, IF REQUESTED BY THE BOARD.
I
N ACCORDANCE WITH SUBSECTION (1.5)(b)(VI)(B) OF THIS SECTION, THE
ENTERPRISE SHALL PAY THE DEPARTMENT A FAIR MARKET RATE FOR ANY
OFFICE SPACE OR ADMINISTRATIVE STAFF USED BY THE BOARD IN
PERFORMANCE OF THE ENTERPRISE
'S DUTIES.
(h) (I) T
HE DEPARTMENT MAY TRANSFER MONEY FROM ANY LEGALLY
AVAILABLE SOURCE TO THE ENTERPRISE FOR THE PURPOSE OF DEFRAYING
PAGE 7-SENATE BILL 24-123 EXPENSES INCURRED BY THE ENTERPRISE BEFORE IT RECEIVES FEE REVENUE .
T
HE ENTERPRISE MAY ACCEPT AND EXPEND ANY MONEY SO TRANSFERRED ,
AND, NOTWITHSTANDING ANY STATE FISCAL RULE OR GENERALLY ACCEPTED
ACCOUNTING PRINCIPLE THAT COULD OTHERWISE BE INTERPRETED TO
REQUIRE A CONTRARY CONCLUSION
, SUCH A TRANSFER IS A LOAN FROM THE
DEPARTMENT TO THE ENTERPRISE THAT IS REQUIRED TO BE REPAID AND IS
NOT A GRANT FOR PURPOSES OF SECTION
20 (2)(d) OF ARTICLE X OF THE
STATE CONSTITUTION OR AS DEFINED IN SECTION
24-77-102 (7).
(II)
ALL MONEY TRANSFERRED AS A LOAN TO THE ENTERPRISE MUST
BE CREDITED TO THE WASTE TIRE ADMINISTRATION
, ENFORCEMENT, MARKET
DEVELOPMENT
, AND CLEANUP FUND , CREATED IN SECTION 30-20-1404
(1)(a). L
OAN LIABILITIES THAT ARE RECORDED IN THE WASTE TIRE
ADMINISTRATION
, ENFORCEMENT, MARKET DEVELOPMENT , AND CLEANUP
FUND BUT THAT ARE NOT REQUIRED TO BE PAID IN THE CURRENT STATE
FISCAL YEAR SHALL NOT BE CONSIDERED WHEN CALCULATING SUFFICIENT
STATUTORY FUND BALANCE FOR PURPOSES OF SECTION
24-75-109.
(III) A
S THE ENTERPRISE RECEIVES SUFFICIENT REVENUE IN EXCESS
OF EXPENSES
, IT SHALL REIMBURSE THE DEPARTMENT FOR THE PRINCIPAL
AMOUNT OF ANY LOAN MADE BY THE DEPARTMENT
, PLUS INTEREST AT A
RATE AGREED UPON BY THE DEPARTMENT AND THE ENTERPRISE
.
(i) (I) O
N OR BEFORE JUNE 30, 2026, AND EVERY JUNE 30 OF EACH
YEAR THEREAFTER
, THE ENTERPRISE SHALL PREPARE AND SUBMIT AN
ANNUAL FINANCIAL REPORT TO LEGISLATIVE COUNCIL STAFF AND THE JOINT
BUDGET COMMITTEE OF THE GENERAL ASSEMBLY
.
(II) T
HE FINANCIAL REPORT PREPARED BY THE ENTERPRISE
PURSUANT TO SUBSECTION
(1.5)(i)(I) OF THIS SECTION MUST INCLUDE THE
ENTERPRISE
'S PROJECTED REVENUE AND EXPENDITURES AND PROPOSED
BUDGET FOR THE FOLLOWING FISCAL YEAR
.
(III) T
HE ENTERPRISE SHALL POST A COPY OF THE ENTERPRISE 'S
FINANCIAL REPORT ON THE ENTERPRISE
'S PUBLIC WEBSITE.
(2) (c) T
HIS SUBSECTION (2) IS REPEALED, EFFECTIVE JULY 1, 2025.
(2.5) Waste tire enterprise fee and waste tire administration fee.
(a) (I) E
FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR VEHICLE TIRES
PAGE 8-SENATE BILL 24-123 AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE ENTERPRISE FEE IN
AN AMOUNT TO BE SET BY THE ENTERPRISE
, IN COORDINATION WITH THE
COMMISSION
. THE WASTE TIRE ENTERPRISE FEE AMOUNT MUST NOT EXCEED
TWO DOLLARS AND FIFTY CENTS ON THE SALE OF EACH NEW TIRE
. THE
MAXIMUM PER TIRE ENTERPRISE FEE AMOUNT MAY BE ADJUSTED BY THE
ENTERPRISE EVERY TWO YEARS IN ACCORDANCE WITH ANY ANNUAL
PERCENTAGE CHANGE IN THE
UNITED STATES DEPARTMENT OF LABOR 'S
BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR THE
DENVER-AURORA-LAKEWOOD METROPOLITAN AREA FOR ALL ITEMS PAID BY
ALL URBAN CONSUMERS
, OR ITS APPLICABLE SUCCESSOR INDEX.
(II) E
FFECTIVE JULY 1, 2025, THE BOARD OF DIRECTORS MAY REVIEW
THE WASTE TIRE ENTERPRISE FEE ON AN ANNUAL BASIS AND
, IN
ACCORDANCE WITH THE FEE AM OUNT LIMIT SET FORTH IN SUBSECTION
(2.5)(a)(I) OF THIS SECTION, ADJUST THE WASTE TIRE FEE AMOUNT SO THAT
THE WASTE TIRE ENTERPRISE FEE IS IMPOSED IN AN AMOUNT THAT IS
:
(A) R
EASONABLY RELATED TO THE DIRECT AND INDIRECT COSTS OF
OPERATING THE ENTERPRISE IN ACCORDANCE WITH THIS PART
14 AND THE
SERVICES PROVIDED BY THE ENTERPRISE
, WHICH COSTS MUST NOT EXCEED
THE EQUIVALENT OF ONE
-HALF OF THE WASTE TIRE ENTERPRISE FEE
COLLECTED FOR EACH NEW TIRE SOLD PURSUANT TO THIS SUBSECTION
(2.5);
(B) S
UFFICIENT TO PAY COSTS ASSOCIATED WITH PROVIDING
REBATES AS DESCRIBED IN SECTION
30-20-1405; AND
(C) SUFFICIENT TO PROVIDE GRANTS TO ELIGIBLE ENTITIES
PURSUANT TO THE WASTE TIRE MANAGEMENT GRANT PROGRAM
ESTABLISHED IN SECTION
30-20-1418.
(b) (I) E
FFECTIVE JULY 1, 2025, RETAILERS OF NEW MOTOR VEHICLE
TIRES AND NEW TRAILER TIRES SHALL COLLECT A WASTE TIRE
ADMINISTRATION FEE IN AN AMOUNT TO BE SET BY THE COMMISSION
, IN
COORDINATION WITH THE DEPARTMENT
.
(II) T
HE COMMISSION MAY REVIEW THE WASTE TIRE
ADMINISTRATION FEE ON AN ANNUAL BASIS AND ADJUST THE
ADMINISTRATION FEE AMOUNT SO THAT IT COVERS THE DIRECT AND
INDIRECT COSTS OF CONDUCTING THE REGULATORY AND ADMINISTRATIVE
FUNCTIONS OF THE DEPARTMENT IN IMPLEMENTING THIS PART
14.
PAGE 9-SENATE BILL 24-123 (III) THE WASTE TIRE ADMINISTRATION FEE AMOUNT MUST NOT
EXCEED HALF OF THE AMOUNT OF THE WASTE TIRE ENTERPRISE FEE
; EXCEPT
THAT THE MINIMUM AMOUNT OF THE WASTE TIRE ADMINISTRATION FEE ON
THE SALE OF EACH NEW TIRE MUST BE FIFTY CENTS OR MORE
.
(c) (I) O
N AND AFTER JULY 1, 2025, RETAILERS OF NEW MOTOR
VEHICLE TIRES AND NEW TRAILER TIRES SHALL COLLECT BOTH THE
ENTERPRISE FEE AND THE ADMINISTRATION FEE FROM THE CONSUMER AT
THE POINT OF SALE
.
(II) T
HE RECEIPT FROM THE RETAILER TO THE CONSUMER FOR EVERY
NEW MOTOR VEHICLE TIRE OR NEW TRAILER TIRE PURCHASED MUST CONTAIN
THE FOLLOWING STATEMENT IN THE LARGEST BOLD
-FACED TYPE CAPABLE
BASED ON POINT
-OF-SALE SOFTWARE AND ON EXISTING INVOICE PRINTERS ,
NOT TO EXCEED FIFTEEN POINTS : "SECTION 30-20-1403, COLORADO
REVISED STATUTES, REQUIRES RETAILERS TO COLLECT A WASTE TIRE
ENTERPRISE FEE SET BY THE WAS TE TIRE MANAGEMENT ENTERPRISE
,
WHICH IS A GOVERNMENT -OWNED BUSINESS WITHIN THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT
, AND A WASTE TIRE
ADMINISTRATION FEE SET BY TH E SOLID AND HAZARDOUS WASTE
COMMISSION ON THE SALE OF EACH NEW MOTOR VEHICLE TIRE AND EACH
NEW TRAILER TIRE
."
(III) T
HE RETAILER SHALL SUBMIT TO THE ENTERPRISE BY THE
TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE
ENTERPRISE FEE COLLECTED PURSUANT TO THIS SECTION IN THE PRECEDING
QUARTER OF THE CALENDAR YEAR
, TOGETHER WITH ANY REPORT REQUIRED
BY THE ENTERPRISE
. THE ENTERPRISE SHALL TRANSMIT THE ENTERPRISE
FEES TO THE STATE TREASURER
, WHO SHALL CREDIT THEM IN ACCORDANCE
WITH SUBSECTION
(3)(a) OF THIS SECTION OR AS SPECIFIED IN RULES
PROMULGATED BY THE COMMISSION
.
(IV) T
HE RETAILER SHALL SUBMIT TO THE DEPARTMENT BY THE
TWENTIETH DAY OF EACH QUARTER OF EACH CALENDAR YEAR THE
ADMINISTRATION FEE COLLECTED PURSUANT TO THIS SECTION IN THE
PRECEDING QUARTER OF THE CALE NDAR YEAR
, TOGETHER WITH ANY REPORT
REQUIRED BY THE DEPARTMENT
. THE DEPARTMENT SHALL TRANSMIT THE
ADMINISTRATION FEES TO THE STATE TREASURER
, WHO SHALL CREDIT THEM
IN ACCORDANCE WITH SUBSECTION
(3)(b) OF THIS SECTION OR AS SPECIFIED
IN RULES PROMULGATED BY THE COMMISSION
.
PAGE 10-SENATE BILL 24-123 (3) (a) BEGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL
DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ENTERPRISE FEE ASSESSED
IN SUBSECTION
(2.5)(a) OF THIS SECTION AS FOLLOWS:
(I) T
HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER THE
COSTS DESCRIBED IN SUBSECTION
(2.5)(a)(II)(A) OF THIS SECTION TO THE
WASTE TIRE MANAGEMENT ENTERPRISE FUND CREATED IN SECTION
30-20-1404;
(II) T
HE PORTION OF THE ENTERPRISE FEE COLLECTED TO COVER THE
COSTS DESCRIBED IN SUBSECTION
(2.5)(a)(II)(B) OF THIS SECTION TO THE
END USERS FUND CREATED IN SECTION
30-20-1405;
(III) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
WASTE TIRE MANAGEMENT ENTERPRISE FUND TO THE WASTE TIRE
MANAGEMENT ENTERPRISE FUND
. ANY UNEXPENDED AND UNENCUMBERED
MONEY IN THE WASTE TIRE MANAGEMENT ENTERPRISE FUND AT THE END OF
ANY FISCAL YEAR SHALL REMAIN IN THE WASTE TIRE MANAGEMENT
ENTERPRISE FUND
.
(IV) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
END USERS FUND TO THE END USERS FUND
. ANY UNEXPENDED AND
UNENCUMBERED MONEY IN THE END USERS FUND AT THE END OF ANY FISCAL
YEAR SHALL REMAIN IN THE END USERS FUND
.
(b) (I) B
EGINNING ON JULY 1, 2025, THE STATE TREASURER SHALL
DISTRIBUTE THE REVENUE FROM THE WASTE TIRE ADMINISTRATION FEE
ASSESSED IN SUBSECTION
(2.5)(b) OF THIS SECTION TO THE WASTE TIRE
ADMINISTRATION FUND CREATED IN SECTION
30-20-1405.5.
(II) A
LL INTEREST EARNED ON THE INVESTMENT OF MONEY IN THE
WASTE TIRE ADMINISTRATION FUND SHALL BE CREDITED TO THE WASTE TIRE
ADMINISTRATION FUND
. ANY UNEXPENDED AND UNENCUMBERED MONEY IN
THE WASTE TIRE ADMINISTRATION FUND IN EXCESS OF SIXTEEN AND
ONE
-HALF PERCENT OF THE PREVIOUS STATE FISCAL YEAR 'S EXPENDITURES
AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE WASTE TIRE
ADMINISTRATION FUND
.
SECTION 4. In Colorado Revised Statutes, 30-20-1404, amend
(1), (2) introductory portion, (2)(a), (2)(o), (5), (6), and (7); repeal (2)(b),
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
(2)(q), (2)(r), (2)(s), (2)(t), and (2)(u) as follows:
30-20-1404. Waste tire management enterprise fund - creation
- rules. (1) (a) There is hereby created in the state treasury the waste tire
administration, enforcement, market development, and cleanup
MANAGEMENT ENTERPRISE fund, referred to in this section as the "fund",
consisting of the fee revenue credited pursuant to section 30-20-1403
(2.5)(a) and any other money appropriated
OR TRANSFERRED to it. The
general assembly shall annually appropriate the money in the fund to the
department for its direct and indirect administrative and enforcement costs
in administering and enforcing this part 14 MONEY CREDITED TO THE FUND
IS CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET
FORTH IN THIS SECTION AND TO PAY THE ENTERPRISE
'S REASONABLE AND
NECESSARY OPERATING EXPENSES
.
(b) The state treasurer shall credit all interest earned on the
investment of money in the fund to the fund. Any unexpended and
unencumbered money in the fund in excess of sixteen and one-half percent
of the previous fiscal year's expenditures at the end of any fiscal year shall
be credited: REMAIN IN THE FUND.
(a) Through December 31, 2025, to the end users fund created in
section 30-20-1405; and
(b) On and after January 1, 2026, to the general fund.
(2) The department shall ENTERPRISE MAY, IN CONSULTATION WITH
THE DEPARTMENT
, use the money in the fund for:
(a) Collecting the
WASTE TIRE ENTERPRISE fee assessed in section
30-20-1403 (1)
(2.5)(a);
(b) Inspecting retailers to determine whether all fees are being
collected;
(c) Enforcing the requirements of this part 14 pursuant to existing
authority, including sections 30-20-113 and 30-20-114;
(d) Developing a system to address the receipt by registered persons
PAGE 12-SENATE BILL 24-123 of unmanifested waste tires from unregistered haulers;
(i) Providing grants to law enforcement, fire departments, local
health departments, state agencies, and any other applicable entities for
purchasing equipment and supplies to implement this part 14;
(j) Training of and enforcement by entities that enforce this part 14;
(k) Awarding grants and developing educational programs for
enforcement, fire prevention and suppression, proper waste tire
management and disposal, training, and customer technical assistance;
(l) Maintaining an online complaint form and processes for law
enforcement, fire departments, and citizens to report potential waste tire
violations;
(o) Encouraging waste tire market development; and
(p) Reimbursing the division of fire prevention and control in the
department of public safety for:
(I) Inspections of facilities where waste tires are present conducted
by the division to determine whether the waste tire collection facilities,
waste tire processors, and waste tire monofills are in compliance with the
rules promulgated by the director of the division pursuant to section
24-33.5-1203.5 (2); and
(II) Technical and other assistance the division provides to the
department or the public related to waste tires, including assistance related
to:
(A) The development of fire prevention education materials; and
(B) Review of fire prevention plans.
(q) THE PAYMENT OF ANY BONDS ISSUED PURS UANT TO SECTION
30-20-1403 (1.5)(b);
(r) R
EIMBURSEMENT OF ANY CONTRACTORS USED FOR CLEANUP AND
REMEDIATION ACTIVITIES ENGAGED IN PURSUANT TO SUBSECTIONS
(2)(f)
PAGE 13-SENATE BILL 24-123 AND (2)(g) OF THIS SECTION;
(s) T
HE PAYMENT OF PER DIEM AND THE REIMBURSEMENT OF ACTUAL
AND NECESSARY EXPENSES FOR BOARD MEMBERS WHILE ON OFFICIAL
ENTERPRISE BUSINESS
;
(t) F
UNDING GRANTS IN ACCORDANCE WITH THE WASTE TIRE
MANAGEMENT GRANT PROGRAM ESTABLISHED IN SECTION
30-20-1418; AND
(u) ANY OTHER ACTIVITY NECESSARY TO IMPLEMENT SECTION
30-20-1403, AS DETERMINED BY THE BOARD OF DIRECTORS .
(3) If the department is denied access or if consent to access has not
been given to clean up a site where the department reasonably believes
waste tires exist illegally, the department may obtain from the district court
for the judicial district in which the property is located a warrant to enter the
property and remove the waste tires.
(4) (a) In addition to any penalties assessed, the department may
issue an order requiring the owner or operator to compensate the department
for the cost of remediation of the site, and the department may request the
attorney general to bring suit for compensation from the owner or operator
for money expended remediating the site. The department shall use the
recovered moneys to reimburse the fund for actual costs of remediating the
site and of seeking compensation pursuant to this section. The state
treasurer shall credit all additional moneys to the general fund.
(b) The department may place a lien on a property on which the
department funds the remediation of waste tires pursuant to this section
until the costs of remediation have been repaid to the department. If
complete repayment has not been made before a sale of the property, the
department shall be repaid in full, to the extent possible, from proceeds of
the sale.
(5) (a) In providing assistance pursuant to this section, the
department ENTERPRISE shall give primary consideration to protection of
public health and the environment.
(b) In awarding contracts for services pursuant to this section, the
department ENTERPRISE may give preferential bidding treatment to
PAGE 14-SENATE BILL 24-123 individuals or entities that will recycle, pursuant to rules of the department
concerning recycling, and reuse, rather than dispose of, the waste tires.
(6) The department ENTERPRISE shall, either itself or through a
contractor, create a priority abatement list of illegal waste tire disposal sites.
(7) The
ENTERPRISE, IN COORDINATION WITH THE department and the
department of transportation, shall coordinate with one another to
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.
(8) Notwithstanding any other provision of this section, on June 30,
2020, the state treasurer shall transfer five million three hundred
seventy-two thousand four hundred fifteen dollars from the fund to the
general fund.
SECTION 5. In Colorado Revised Statutes, 30-20-1405, amend
(1), (2)(a) introductory portion, (3), (4)(a), (4)(b) introductory portion, (5)
introductory portion, (5)(c) introductory portion, (5)(d), (5)(e) introductory
portion, (5)(e)(I), (6) introductory portion, (6)(b)(II), (7), (8) introductory
portion, (9), and (10); and repeal (1.5) as follows:
30-20-1405. End users fund - creation - quarterly rebates - rules
- repeal. (1) (a) There is hereby
created in the state treasury the end users
fund, referred to in this section as the "fund", consisting of the fee revenue
credited pursuant to section 30-20-1403 (2)(a)(II)
30-20-1403 (3)(a)(II).
(b) The state treasurer shall credit all interest and any other return
on the investment of money in the fund to the fund. The fund is subject to
annual appropriation by the general assembly to the department for the
purposes specified in this section MONEY CREDITED TO THE FUND IS
CONTINUOUSLY APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET
FORTH IN THIS SECTION
.
(1.5) Notwithstanding any other provision of this section, on June
30, 2020, the state treasurer shall transfer one million four hundred
thousand dollars from the fund to the general fund.
PAGE 15-SENATE BILL 24-123 (2) (a) The department ENTERPRISE, IN CONSULTATION WITH THE
DEPARTMENT
, shall use the money in the fund to provide quarterly rebates
to in-state:
(3) The rebate is subject to the following conditions:
(a) The department
ENTERPRISE shall pay the rebate amount
quarterly, on a per-ton basis; and
(b) Once the department ENTERPRISE has paid a rebate on a
particular quantity of tire-derived product, every part of that particular
quantity of tire-derived product is no longer eligible for payment of the
rebate.
(4) (a) The commission
ENTERPRISE, IN CONSULTATION WITH THE
COMMISSION
, shall annually set the amount of the rebate, by rule,
on a
per-ton basis, and the department ENTERPRISE shall pay the set rebate
amount for each ton of qualified tire-derived product. The commission
ENTERPRISE shall calculate the rebate to equal, but not exceed, the amount
of the anticipated income transferred into the fund during each succeeding
twelve-month period.
(b) Each year, the department
ENTERPRISE shall continue to provide
the rebate in accordance with the tiered structure set forth in subsection
(5)(e) of this section until:
(5) The commission shall promulgate rules governing administration
of the rebate. which
ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION ,
AS AMENDED, THE COMMISSION SHALL CONSULT WITH THE ENTERPRISE IN
ADOPTING RULES GOVERNING ADMINISTRATION OF THE REBATE
. THE
COMMISSION
'S rules must include the following:
(c) If the balance of the fund is anticipated to be insufficient to pay
out all of the rebates applied for, a requirement that the department
ENTERPRISE:
(d) A requirement that an end user that qualifies for a rebate by
utilizing waste tires for:
(I) Alternative daily cover must verify with the department
PAGE 16-SENATE BILL 24-123 ENTERPRISE that the alternative daily cover meets all specification standards
for all type-B tire-derived aggregate, as established by the ASTM standard
D6270; and
(II) Tire-derived aggregate must verify with the department
ENTERPRISE that the tire-derived aggregate meets all specification standards
for all type-A
AND TYPE-B tire-derived aggregate, as established by the
ASTM standard D6270; and
(e) Three tiers of rebate amounts that the department
ENTERPRISE
may pay out based on the amount of the waste tire that was used and
destroyed as follows:
(I) Tier 1: Full rebates going to crumbed rubber end uses and end
uses that completely destroy the waste tire for the purpose of energy
recovery or other clean technologies as defined and approved by the
commission by rule;
(6) The department ENTERPRISE:
(b) May deny:
(II) All future rebates pursuant to this section and grants of money
from the waste tire administration, enforcement, market development, and
cleanup MANAGEMENT ENTERPRISE fund created in section 30-20-1404 to
an applicant that knowingly or intentionally provides false information to
the department
ENTERPRISE when applying for a rebate or for a grant of
money from the waste tire administration, enforcement, market
development, and cleanup MANAGEMENT ENTERPRISE fund.
(7) Waste tires obtained from rural counties are eligible for an
additional rebate amount of twenty-five dollars per ton; however, the
additional rebate amount must not exceed the rebate amount for tier 3
rebates as determined by the commission by
rule pursuant to subsection
(5)(e)(III) of this section. To qualify for the additional rebate amount set
forth in this subsection (7), an end user must provide evidence to the
department
ENTERPRISE documenting the county of origin for each waste
tire.
(8) The department ENTERPRISE shall require that an end user submit
PAGE 17-SENATE BILL 24-123 an application for a rebate that contains self-certifications provided by the
end user regarding:
(9) (a) O
N OR AFTER JANUARY 1, 2026, AND UNTIL DECEMBER 31,
2041, the department
ENTERPRISE may issue rebates after January 1, 2026,
only for end uses occurring and rebates applied for on or before December
31, 2025 PURSUANT TO THIS SECTION.
(b) The commission,
IN CONSULTATION WITH THE ENTERPRISE, shall
repeal any rules concerning the fund and implementation of this section
once the department ENTERPRISE has issued the final rebates pursuant to
subsection (9)(a) of this section.
(c) On July 1, 2026 JULY 1, 2042, the state treasurer shall transfer
any money left in the fund to the general fund.
(10) This section is repealed, effective July 1, 2026 DECEMBER 31,
2042.
SECTION 6. In Colorado Revised Statutes, add 30-20-1405.5 as
follows:
30-20-1405.5. Waste tire administration fund - creation - clean
up - reimbursement - penalties - rules. (1) (a) T
HERE IS CREATED IN THE
STATE TREASURY THE WASTE TIRE ADMINISTRATION FUND
, REFERRED TO IN
THIS SECTION AS THE
"FUND".
(b) T
HE FUND CONSISTS OF THE WASTE TIRE ADMINISTRATION FEE
REVENUE CREDITED TO THE FUND PURSUANT TO SECTION
30-20-1403 (3)(b)
AND ANY OTHER MONEY APPROPRIATED OR TRANSFERRED TO IT .
(c) M
ONEY CREDITED TO THE FUND IS CONTINUOUSLY APPROPRIATED
TO THE DEPARTMENT FOR THE PURPOSES SET FORTH IN SUBSECTION
(2) OF
THIS SECTION
.
(2) T
HE DEPARTMENT MAY USE THE MONEY IN THE FUND FOR THE
REASONABLE DIRECT AND INDIRECT COSTS OF CONDUCTING THE
REGULATORY AND ADMINISTRATIVE FUNCTIONS OF THE DEPARTMENT IN
IMPLEMENTING THIS PART
14, INCLUDING:
PAGE 18-SENATE BILL 24-123 (a) INSPECTING NEW MOTOR VEHICLE TIRE AND NEW TRAILER TIRE
RETAILERS TO DETERMINE WHETHER ALL FEES ARE BEING COLLECTED
;
(b) E
NFORCING THE REQUIREMENTS OF THIS PART 14 PURSUANT TO
EXISTING AUTHORITY
, INCLUDING SECTIONS 30-20-113 AND 30-20-114;
(c) D
EVELOPING A SYSTEM TO ADDRESS THE RECEIPT BY REGISTERED
PERSONS OF UNMANIFESTED WASTE TIRES FROM UNREGISTERED WASTE TIRE
HAULERS
;
(d) M
AINTAINING AN ONLINE COMPLAINT FORM AND PROCESS FOR
LAW ENFORCEMENT
, FIRE DEPARTMENTS, AND CITIZENS TO REPORT
POTENTIAL WASTE TIRE VIOLATIONS
;
(e) R
EIMBURSING THE DIVISION OF FIRE PREVENTION AND CONTROL
IN THE DEPARTMENT OF PUBLIC SAFETY FOR
:
(I) I
NSPECTIONS OF FACILITIES WHERE WASTE TIRES ARE PRESENT
CONDUCTED BY THE DIVISION OF FIRE PREVENTION AND CONTROL TO
DETERMINE WHETHER THE WASTE TIRE COLLECTION FACILITIES
, WASTE TIRE
PROCESSORS
, AND WASTE TIRE MONOFILLS ARE IN COMPLIANCE WITH THE
RULES PROMULGATED BY THE DIRECTOR OF THE DIVISION PURSUANT TO
SECTION
24-33.5-1203.5 (2); AND
(II) TECHNICAL AND OTHER ASSISTANCE THE DIVISION OF FIRE
PREVENTION AND CONTROL PROVIDES TO THE DEPARTMENT OR THE PUBLIC
RELATED TO WASTE TIRES
, INCLUDING ASSISTANCE RELATED TO:
(A) T
HE DEVELOPMENT OF FIRE PREVENTION EDUCATION
MATERIALS
; AND
(B) REVIEW OF FIRE PREVENTION PLANS;
(f) R
EGISTERING AND REGULATING WASTE TIRE HAULERS , WASTE
TIRE GENERATORS
, USED TIRE MANAGERS , WASTE TIRE COLLECTION
FACILITIES
, WASTE TIRE PROCESSORS, MOBILE PROCESSORS, WASTE TIRE
MONOFILLS
, AND END USERS IN ACCORDANCE WITH SECTIONS 30-20-1408 TO
30-20-1417;
(g) P
ROVIDING GRANTS TO LAW ENFORCEMENT , FIRE DEPARTMENTS,
PAGE 19-SENATE BILL 24-123 LOCAL HEALTH DEPARTMENTS , STATE AGENCIES, AND ANY OTHER
APPLICABLE ENTITIES FOR PURCHASING EQUIPMENT AND SUPPLIES TO
IMPLEMENT THIS PART
14;
(h) T
RAINING OF AND ENFORCEMENT BY ENTITIES THAT ENFORCE
THIS PART
14;
(i) A
WARDING GRANTS AND DEVELOPING EDUCATIONAL PROGRAMS
FOR ENFORCEMENT
, FIRE PREVENTION AND SUPPRESSION , PROPER WASTE
TIRE MANAGEMENT AND DISPOSAL
, TRAINING, AND CUSTOMER TECHNICAL
ASSISTANCE
; AND
(j) ANY OTHER REGULATORY OR ADMINISTRATIVE COSTS RELATED
TO THE DEPARTMENT
'S AUTHORITY AND DUTIES IN IMPLEMENTING THIS PART
14.
(3) I
F THE DEPARTMENT IS DENIED ACCESS OR IF CONSENT TO ACCESS
HAS NOT BEEN GIVEN TO CLEAN UP A SITE WHERE THE DEPARTMENT
REASONABLY BELIEVES WASTE TIRES EXIST ILLEGALLY
, THE DEPARTMENT
MAY OBTAIN FROM THE DISTRICT COURT FOR THE JUDICIAL DISTRICT IN
WHICH THE PROPERTY IS LOCATED A WARRANT TO ENTER THE PROPERTY AND
REMOVE THE WASTE TIRES
.
(4) (a) I
N ADDITION TO ANY PENALTIES ASSESSED, THE DEPARTMENT
MAY ISSUE AN ORDER REQUIRING THE OWNER OR OPERATOR TO COMPENSATE
THE DEPARTMENT FOR THE COST OF REMEDIATION OF THE SITE
, AND THE
DEPARTMENT MAY REQUEST THE ATTORNEY GENERAL TO BRING SUIT FOR
COMPENSATION FROM THE OWNER OR OPERATOR FOR MONEY EXPENDED
REMEDIATING THE SITE
. THE DEPARTMENT SHALL USE THE RECOVERED
MONEY TO REIMBURSE THE FUND FOR ACTUAL COSTS OF REMEDIATING THE
SITE AND OF SEEKING COMPENSATION PURSUANT TO THIS SECTION
. THE
STATE TREASURER SHALL CREDIT ALL ADDITIONAL MONEY TO THE GENERAL
FUND
.
(b) T
HE DEPARTMENT MAY PLACE A LIEN ON A PROPERTY ON WHICH
THE DEPARTMENT FUNDS THE REMEDIATION OF WASTE TIRES PURSUANT TO
THIS SECTION UNTIL THE COSTS OF REMEDIATION HAVE BEEN REPAID TO THE
DEPARTMENT
. IF COMPLETE REPAYMENT HAS NOT BEEN MADE BEFORE A
SALE OF THE PROPERTY
, THE DEPARTMENT SHALL BE REPAID IN FULL, TO THE
EXTENT POSSIBLE
, FROM PROCEEDS OF THE SALE.
PAGE 20-SENATE BILL 24-123 SECTION 7. In Colorado Revised Statutes, 30-20-1415, amend
(1)(k) as follows:
30-20-1415. Waste tire monofills - requirements. (1) An owner
or operator of a waste tire monofill shall, as specified by the commission by
rule:
(k) Not place any waste tires into monofill storage after January 1,
2018, and
SHALL close, or cause to be closed, the waste tire monofill by July
1, 2024
2034.
SECTION 8. In Colorado Revised Statutes, add 30-20-1418 as
follows:
30-20-1418. Waste tire management grant program - definitions
- repeal. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) "E
LIGIBLE ENTITY" MEANS THE FOLLOWING ENTITIES THAT
PROVIDE SERVICES RELATED TO WASTE TIRE RECYCLING
, BENEFICIAL REUSE,
AND MANAGEMENT IN COLORADO:
(I) M
UNICIPALITIES, COUNTIES, AND CITIES AND COUNTIES;
(II) N
ONPROFIT AND FOR-PROFIT BUSINESSES INVOLVED IN WASTE
TIRE RECYCLING
, BENEFICIAL REUSE, AND MANAGEMENT; AND
(III) INSTITUTIONS OF HIGHER EDUCATION AND PUBLIC OR PRIVATE
SCHOOLS
.
(b) "G
RANT PROGRAM" MEANS THE WASTE TIRE MANAGEMENT
GRANT PROGRAM CREATED IN THIS SECTION
.
(2) (a) T
HERE IS CREATED THE WASTE TIME MANAGEMENT GRANT
PROGRAM
, WHICH SHALL BE ADMINISTERED BY THE ENTERPRISE .
(b) T
HE ENTERPRISE SHALL, SUBJECT TO AVAILABLE APPROPRIATIONS
AND REVENUES
, AWARD GRANTS FROM THE WASTE TIRE MANAGEMENT
ENTERPRISE FUND
, CREATED IN SECTION 30-20-1404, IN ACCORDANCE WITH
THIS SECTION
.
PAGE 21-SENATE BILL 24-123 (3) (a) THE PURPOSE OF THE GRANT PROGRAM IS TO :
(I) P
ROMOTE THE DEVELOPMENT OF WASTE TIRE RECYCLING ,
BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES IN ACCORDANCE WITH
THIS PART
14;
(II) D
EVELOP WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
MANAGEMENT FACILITIES AND INFRASTRUCTURE
; AND
(III) EXPAND WASTE TIRE RECYCLING , BENEFICIAL REUSE, AND
MANAGEMENT SERVICES TO FEE PAYERS
.
(b) T
HE GRANT PROGRAM IS INTENDED TO PROVIDE ECONOMIC AND
TECHNICAL ASSISTANCE TO ELIGIBLE ENTITIES IN THEIR EFFORTS RELATED
TO THE RECYCLING
, BENEFICIAL REUSE, AND MANAGEMENT OF WASTE TIRES .
(4) (a) A
N ELIGIBLE ENTITY MAY SUBMIT AN APPLICATION TO THE
ENTERPRISE FOR A GRANT PURSUANT TO THE APPLICATION POLICIES AND
PROCEDURES ESTABLISHED BY THE BOARD
.
(b) A
T A MINIMUM, AN APPLICATION SUBMITTED TO THE BOARD
MUST INCLUDE THE FOLLOWING INFORMATION
:
(I) A
N APPLICATION NARRATIVE THAT DESCRIBES HOW THE ELIGIBLE
ENTITY WILL USE THE GRANT
, INCLUDING HOW THE GRANT WILL PROMOTE
THE RECYCLING
, BENEFICIAL REUSE, AND MANAGEMENT OF WASTE TIRES ;
(II) A
N ESTIMATE OF THE COST OF THE EQUIPMENT ,
INFRASTRUCTURE, OR PROJECT THE ELIGIBLE ENTITY IS INTENDING TO FUND
WITH THE GRANT AND WHETHER THE EQUIPMENT
, INFRASTRUCTURE, OR
PROJECT MEETS THE REQUIREMENTS SPECIFIED IN SUBSECTION
(5) OF THIS
SECTION
;
(III) T
HE AMOUNT OF IN-KIND CONTRIBUTIONS OR MATCHING FUNDS ,
IF ANY, TO THE PROJECT BUDGET FROM THE APPLICANT OR OTHER SOURCES
OUTSIDE OF THE GRANT
; AND
(IV) WHETHER THERE IS LOCAL COMMUNITY SUPPORT FOR THE
GRANT APPLICATION
.
PAGE 22-SENATE BILL 24-123 (5) (a) THE BOARD MAY AWARD GRANTS TO ELIGIBLE ENTITIES FOR
THE FOLLOWING PURPOSES
:
(I) T
HE PURCHASE OF WASTE TIRE RECYCLING , BENEFICIAL REUSE,
AND MANAGEMENT EQUIPMENT OR INFRASTRUCTURE ;
(II) S
TAFFING OF WASTE TIRE RECYCLING, BENEFICIAL REUSE, AND
MANAGEMENT FACILITIES
;
(III) M
ARKETING AND COMMUNICATIONS FOR WASTE TIRE
RECYCLING
, BENEFICIAL REUSE, AND MANAGEMENT SERVICES ;
(IV) P
OLICY AND RESEARCH DEVELOPMENT RELATED TO WASTE TIRE
RECYCLING
, BENEFICIAL REUSE, AND MANAGEMENT STRATEGIES ;
(V) C
OMMUNITY ENGAGEMENT REGARDING WASTE TIRE RECYCLING ,
BENEFICIAL REUSE, AND MANAGEMENT; AND
(VI) OTHER PROJECTS OR USES AS DETERMINED BY THE BOARD .
(b) (I) T
HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY FOR
THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE
, BUT NO MORE THAN
FIFTY PERCENT OF THE COST OF ANY EQUIPMENT OR INFRASTRUCTURE CAN
BE FUNDED THROUGH THE GRANT PROGRAM
.
(II) T
HE BOARD MAY AWARD GRANTS TO AN ELIGIBLE ENTITY THAT
FUND ONE HUNDRED PERCENT OF THE COST OF A PROJECT THAT DOES NOT
INVOLVE THE PURCHASE OF EQUIPMENT OR INFRASTRUCTURE
.
(c) I
N AWARDING GRANTS TO ELIGIBLE ENTITIES , THE BOARD IS
SUBJECT TO THE FOLLOWING CONDITIONS
:
(I) U
P TO FORTY PERCENT OF THE ENTERPRISE 'S ANNUAL GRANT
FUNDING MAY GO TO A SINGLE AWARD
; AND
(II) IF THE BOARD AWARDS A GRANT TO AN ELIGIBLE ENTITY FOR THE
PURCHASE OF INFRASTRUCTURE OR EQUIPMENT
, THE ELIGIBLE ENTITY IS
INELIGIBLE TO RECEIVE A GRANT FOR THE FOLLOWING FIVE YEARS
.
(6) (a) (I) T
HE BOARD SHALL ESTABLISH CRITERIA AND POLICIES TO
PAGE 23-SENATE BILL 24-123 DETERMINE WHICH GRANTS TO AWARD FROM THE GRANT APPLICATIONS ,
WHICH CRITERIA AND POLICIES IT SHALL MAKE AVAILABLE TO APPLICANTS .
(II) T
HE BOARD SHALL GIVE PRIORITY TO PROJECTS THAT ADVANCE
SUSTAINABLE DESIGN
, PRODUCTION, RECOVERABILITY, REUSE, REPAIR, OR
RECYCLING OF WASTE TIRES
, WITH THE HIGHEST PRIORITY GIVEN TO
PROJECTS THAT WOULD KEEP WASTE TIRE MATERIAL AVAILABLE FOR
REMANUFACTURING
.
(b) T
HE BOARD SHALL ESTABLISH POLICIES FOR THE GRANT
PROGRAM
, WHICH MUST INCLUDE:
(I) A
N APPLICATION FORM AND APPLICATION PROCEDURES ;
(II) A
DEADLINE EACH YEAR FOR WHEN GRANT PROGRAM
APPLICATIONS MUST BE SUBMITTED
;
(III) A
POLICY THAT REQUIRES A GRANT RECIPIENT TO ENTER INTO
A GRANT AGREEMENT WITH THE BOARD THAT INCLUDES A SCOPE OF WORK
AND DEADLINES FOR THE ACHIEVEMENT OF THAT WORK
;
(IV) C
RITERIA FOR MEASURING PROGRESS OF THE PROJECTS THAT
RECEIVE FUNDING THROUGH THE GRANT PROGRAM
;
(V) A
POLICY THAT REQUIRES ANNUAL REPORTING BY GRANT
RECIPIENTS ON THE PROGRESS OF THE PROJECT FINANCED BY THE GRANT
;
AND
(VI) A POLICY REGARDING A GRANT RECIPIENT 'S NONCOMPLIANCE
WITH THE GRANT AGREEMENT ENTERED INTO BY THE GRANT RECIPIENT AND
THE BOARD
, WHICH POLICY MAY INCLUDE A MECHANISM FOR THE BOARD TO
CONVERT THE GRANT RECIPIENT
'S GRANT TO A LOAN WITH INTEREST.
(7) (a) T
HE GRANT PROGRAM IS FUNDED BY THE WASTE TIRE
ENTERPRISE FEE
. THE BOARD MAY DESIGNATE UP TO TEN PERCENT OF THE
REVENUE GENERATED FROM THE ENTERPRISE FEE TO THE GRANT PROGRAM
IN ANY GIVEN YEAR
.
(b) T
HE BOARD SHALL NOT AWARD ANY GRANTS TO ELIGIBLE
ENTITIES THROUGH THE GRANT PROGRAM AFTER
DECEMBER 31, 2040.
PAGE 24-SENATE BILL 24-123 (8) THIS SECTION IS REPEALED, EFFECTIVE DECEMBER 31, 2042.
SECTION 9. Appropriation. (1) For the 2024-25 state fiscal year,
$60,208 is appropriated to the department of public health and environment.
This appropriation is from the waste tire administration, enforcement,
market development, and cleanup fund created in section 30-20-1404 (1),
C.R.S. To implement this act, the department may use this appropriation as
follows:
(a) $9,000 for use by the hazardous materials and waste
management division for the solid waste control program; and
(b) $51,208 for the purchase of legal services.
(2) For the 2024-25 state fiscal year, $51,208 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection
(1)(b) of this section and is based on an assumption that the department of
law will require an additional 0.2 FTE. To implement this act, the
department of law may use this appropriation to provide legal services for
the department of public health and environment.
SECTION 10. Effective date. This act takes effect upon passage;
except that section 30-20-1403 (2.5), Colorado Revised Statutes, as added
in section 3 of this act, takes effect on July 1, 2025; section 30-20-1404,
Colorado Revised Statutes, as amended in section 4 of this act, takes effect
on July 1, 2025; section 30-20-1405, Colorado Revised Statutes, as
amended in section of 5 of this act, takes effect on July 1, 2025; section
30-20-1405.5, as added in section 6 of this act, takes effect on July 1, 2025;
and section 30-20-1418, as added in section 8 of this act, takes effect on
July 1, 2025.
SECTION 11. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 25-SENATE BILL 24-123 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 26-SENATE BILL 24-123