First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0023.01 Thomas Morris HOUSE BILL 11-1246 HOUSE SPONSORSHIP Todd, SENATE SPONSORSHIP Spence, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning a local government's authority to assess a fee to be used for roads used to haul solid wastes to the local government's solid wastes disposal facility. 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://www.leg.state.co.us/billsummaries.) The bill authorizes counties and municipalities to assess a fee charged for each load of solid wastes disposed of at the local government's solid wastes landfill and requires the fee to be used for the maintenance, repair, and improvement of roads used to haul solid wastes to the landfill. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 30-20-115, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 30-20-115. Solid wastes disposal site and facility fund - tax - fees. (3) Any governing body having jurisdiction is authorized to establish an account in its solid wastes disposal site and facility fund for road maintenance. The governing body having jurisdiction may establish by ordinance or resolution and collect a road maintenance fee, in addition to any other tax or fee authorized by law, on each load disposed of at the governing body's solid wastes disposal site and facility, the proceeds of which shall be deposited in the account and appropriated to pay the costs of maintenance, repair, and improvement of roads used to haul solid wastes to the governing body's solid wastes disposal site and facility. SECTION 2. Act subject to petition - effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2011 and shall take effect on the date of the official declaration of the vote thereon by the governor. (2) The provisions of this act shall apply to conduct occurring on or after the applicable effective date of this act.