First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-1036.01 Clare Haffner x6137
SENATE BILL 25-286
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
C
ONCERNING MONEY COLLECTED BY THE STATE IN RELATION TO101
PETROLEUM PRODUCTS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill:
! Authorizes the use of money in the petroleum storage tank
fund for costs related to relocation or redevelopment of the
division of oil and public safety's petroleum laboratory;
! Allows the division of oil and public safety to impose a
civil penalty of not more than $5,000 for a violation of a
SENATE SPONSORSHIP
Hinrichsen and Snyder,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. fuel quality standard for reformulated gasoline; and
! Reduces the current maximum civil penalty amount for a
violation of certain record-keeping requirements by a
person that owns or operates a gasoline dispensing facility
to $500 per violation.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-20.5-103, add2
(3)(h) and (3.3) as follows:3
8-20.5-103. Petroleum storage tank fund - petroleum cleanup4
and redevelopment fund - creation - rules - repeal. (3) The money in5
the petroleum storage tank fund is continuously appropriated to the6
division of oil and public safety; except that the expenditure of money for7
the purposes specified in subsections (3)(b), (3)(f), and (3)(g) of this8
section is subject to annual appropriation by the general assembly. The9
fund shall be used for:10
(h) (I) C
OSTS RELATED TO RELOCATION OR REDEVELOPMENT OF11
THE DIVISION OF OIL AND PUBLIC SAFETY'S PETROLEUM LABORATORY .12
(II) T
HIS SUBSECTION (3)(h) IS REPEALED, EFFECTIVE JULY 1, 2030.13
(3.3) (a) T
HE DIVISION OF OIL AND PUBLIC SAFETY SHALL RESERVE14
MONEY IN THE PETROLEUM STORAGE TANK FUND CREATED IN SUBSECTION15
(1)
OF THIS SECTION TO PAY COSTS RELATED TO RELOCATION OR16
REDEVELOPMENT OF THE DIVISION'S PETROLEUM LABORATORY PURSUANT17
TO SUBSECTION (3)(h) OF THIS SECTION.18
(b) M
ONEY RESERVED IN THE PETROLEUM STORAGE TANK FUND IN19
ACCORDANCE WITH SUBSECTION (3.3)(a) OF THIS SECTION IS NOT20
INCLUDED IN THE AVAILABLE BALANCE OF THE FUND , AS CALCULATED21
PURSUANT TO SECTION 8-20-206.5 (1)(b).22
(c) T
HIS SUBSECTION (3.3) IS REPEALED, EFFECTIVE JULY 1, 2030.23
SB25-286-2- SECTION 2. In Colorado Revised Statutes, 8-20-206.5, amend1
(4) introductory portion and (4)(a) as follows:2
8-20-206.5. Environmental response surcharge - liquefied3
petroleum gas and natural gas inspection fund - perfluoroalkyl and4
polyfluoroalkyl substances cash fund - hazardous materials5
infrastructure cash fund - fuels impact reduction grant program -6
definitions - repeal. (4) For the purposes of AS USED IN this section:7
(a) (I) "Available fund balance" means the sum of the current year8
revenues and the previous fund balance minus the sum of the obligations9
approved by the petroleum storage tank committee pursuant to section10
8-20.5-104 and the costs incurred by the division of oil and public safety11
for purposes of administering articles 20 and 20.5 of this title TITLE 8.12
(II) (A) "A
VAILABLE FUND BALANCE" DOES NOT INCLUDE MONEY13
RESERVED IN THE PETROLEUM STORAGE TANK FUND IN ACCOR DANCE WITH14
SECTION 8-20.5-103 (3.3) TO PAY COSTS RELATED TO RELOCATION OR15
REDEVELOPMENT OF THE DIVISION OF OIL AND PUBLIC SAFETY 'S16
PETROLEUM LABORATORY .17
(B) T
HIS SUBSECTION (4)(a)(II) IS REPEALED, EFFECTIVE JULY 1,18
2030.19
SECTION 3. In Colorado Revised Statutes, 8-20-104, add (4)(c)20
as follows:21
8-20-104. Enforcement of law - penalties - definitions.22
(4) (c) (I) N
OTWITHSTANDING SUBSECTION (4)(a) OF THIS SECTION, WHEN23
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY REQUIRES THE SALE24
OF REFORMULATED GASOLINE IN A NONATTAINMENT AREA IN THE STATE ,25
THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY MAY IMPOSE26
A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS PER DAY FOR27
SB25-286
-3- THE RETAIL OR WHOLESALE DISTRIBUTION OF REFORMULATED GASOLINE1
THAT VIOLATES THE APPLICABLE FUEL QUALITY SPECIFICATION . IT IS AN2
AFFIRMATIVE DEFENSE THAT A RETAILER OR LICENSED FUEL DISTRIBUTOR3
RELIED ON A PRODUCT TRANSFER DOCUMENT THAT CLEARLY4
DEMONSTRATES A COMPLIANT FUEL SPECIFICATION .5
(II) A
S USED IN THIS SUBSECTION (4)(c), "NONATTAINMENT AREA "6
HAS THE MEANING SET FORTH IN SECTION 24-38.5-116 (2)(h).7
SECTION 4. In Colorado Revised Statutes, 25-7-122, add8
(1)(g.5) as follows:9
25-7-122. Civil penalties - rules - definitions. (1) Upon10
application of the division, the division may collect penalties as11
determined under this article 7 by instituting an action in the district court12
for the district in which the air pollution source affected is located, in13
accordance with the following provisions:14
(g.5) N
OTWITHSTANDING SUBSECTION (1)(g) OF THIS SECTION, A15
PERSON THAT OWNS OR OPERATES A GASOLINE DISPENSING FACILITY THAT16
VIOLATES A REQUIREMENT TO FILE AN AIR POLLUTANT EMISSION NOTICE17
PURSUANT TO SECTION 25-7-114.1 OR AN AIR PERMIT PUBLIC NOTICE18
PURSUANT TO COMMISSION REQUIREMENTS SHALL BE SUBJECT TO A CIVIL19
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS .20
SECTION 5. Act subject to petition - effective date -21
applicability. (1) This act takes effect at 12:01 a.m. on the day following22
the expiration of the ninety-day period after final adjournment of the23
general assembly; except that, if a referendum petition is filed pursuant24
to section 1 (3) of article V of the state constitution against this act or an25
item, section, or part of this act within such period, then the act, item,26
section, or part will not take effect unless approved by the people at the27
SB25-286
-4- general election to be held in November 2026 and, in such case, will take1
effect on the date of the official declaration of the vote thereon by the2
governor.3
(2) This act applies to violations committed on or after the4
applicable effective date of this act.5
SB25-286
-5-