NOTE: The governor signed this measure on 5/9/2012.
      
      
      HOUSE BILL 12-1034
      
      
      BY REPRESENTATIVE(S) Looper, Fischer, Hamner, Jones, Ramirez,
      Tyler, Vaad, Young, Casso, Labuda, Ryden, Solano, Wilson, Hullinghorst,
      Pace, Priola, Swerdfeger;
      also SENATOR(S) Spence, Hudak, King S., Williams S., Aguilar, Heath,
      Jahn.
      
      
      Concerning continuing the processors and end users fund that
           encourages recycling of waste tires, 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, 25-17-202, amend (1)
      (c) as follows:
      
           25-17-202.  Waste tire fees - definitions - repeal. (1)  As used in
      this part 2, unless the context otherwise requires:
      
           (c)  "End user" means a person who uses processed waste tires a
      tire-derived product for a commercial or industrial purpose.
      
           SECTION 2.  In Colorado Revised Statutes, amend 25-17-202.5 as
      follows:
      
           25-17-202.5.  Processors and end users fund created - rules -
      repeal. (1)  There is hereby created, in the state treasury, the processors and
      end users fund. Such fund shall consist of the fee revenue credited pursuant
      to section 25-17-202 (3) (a) (I) and year-end surpluses transferred pursuant
      to sections 25-17-202.6 (1), 25-17-202.8 (1), 25-17-202.9 (1), and
      25-17-207 (4). and transfers by the state treasurer on June 10, 2010, of the
      balances of the unexpended and unencumbered moneys in the waste tire
      cleanup fund formerly created in section 24-32-117, C.R.S., and the
      advanced technology fund formerly created in section 25-16.5-105 (2) (a),
      as such balances existed on June 10, 2010, and as such funds existed prior
      to their repeal. All interest or any other return on the investment of moneys
      in the fund shall be deposited in the fund. Any moneys in the fund not
      expended or encumbered from any appropriation at the end of any fiscal
      year shall remain available, without further appropriation, for expenditure
      in the next fiscal year by the department to be used The general
      assembly shall appropriate moneys in the fund for monthly partial
      reimbursement to processors and end users, up to a maximum of sixty-five
      dollars for each ton of raw Colorado waste tires that are processed or used.
      The purpose of such the partial reimbursements shall be is to assist new
      and existing waste tire recycling technologies to become economically
      feasible and to thereby encourage the use of waste tires and reduce the
      storage of waste tires in Colorado. The department shall not reimburse
      a processor for processing waste tires unless the processor has
      end used the tire-derived product or if the tire-derived product
      has been sold for an end use and moved off-site.
      
           (1.5)  Notwithstanding any provision of subsection (1) of this section
      to the contrary, on April 15, 2010, the state treasurer shall deduct five
      hundred thousand dollars from the processors and end users of waste tires
      cash fund and transfer such sum to the general fund. Notwithstanding
      section 25-17-202.9, the department shall identify other markets
      in the state that are able, without taxpayer or waste tire clean
      up funds, to eliminate illegal tire dumping and to recycle or reuse
      waste tires in newer technologies.
      
           (2)  This section is repealed, effective July 1, 2012 2020.
      
           SECTION 3.  Appropriation. In addition to any other
      appropriation, there is hereby appropriated, out of any moneys in the
      processors and end users fund created in section 25-17-202.5, Colorado
      Revised Statutes, not otherwise appropriated, to the department of public
      health and environment, for the fiscal year beginning July 1, 2011, the sum
      of $700,000, or so much thereof as may be necessary, for allocation to the
      waste tire program for reimbursement of processors and end users in fiscal
      year 2011-12.
      
           SECTION 4.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Frank McNulty                      Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO