NOTE: The governor signed this measure on 5/18/2013.
      
      
      HOUSE BILL 13-1252
      
      
      BY REPRESENTATIVE(S) Hamner and Scott, Fields, Fischer, Labuda,
      Lebsock, Mitsch Bush, Moreno, Salazar, Schafer;
      also SENATOR(S) Jahn and King, Cadman, Giron, Grantham, Harvey,
      Heath, Jones, Kefalas, Scheffel, Schwartz, Tochtrop, Todd.
      
      
      Concerning the petroleum cleanup and redevelopment fund.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 8-20.5-103, amend (1)
      introductory portion; repeal (1) (b); and add (9) as follows:
      
           8-20.5-103.  Petroleum storage tank fund - petroleum cleanup
      and redevelopment fund - creation - rules - repeal. (1)  There is hereby
      created in the state treasury the petroleum storage tank fund, which shall be
      is an enterprise fund. Such The fund shall consist consists of the
      following:
      
           (b)  Civil penalties collected pursuant to section 8-20.5-107;
      
           (9) (a)  There is hereby created in the state treasury the
      petroleum cleanup and redevelopment fund, which is referred to
      in this subsection (9) as the redevelopment fund. The
      redevelopment fund's sources of revenue are:
      
           (I)  Civil penalties collected pursuant to section 8-20.5-107;
      
           (II)  Any public or private gifts, grants, or donations to the
      redevelopment fund received by the department;
      
           (III)  Any legislative appropriations made to the
      redevelopment fund; and
      
           (IV)  Earned interest, which the state treasurer shall
      deposit in the redevelopment fund.
      
           (b) (I)  The department may use moneys in the redevelopment
      fund for administration, investigation, abatement action, and
      preparing and implementing corrective action plans for petroleum
      releases not covered by the petroleum storage tank fund if, in the
      opinion of the director of the division of oil and public safety, such
      actions would enhance environmental protection and beneficial
      use of the property affected by the releases.
      
           (II)  Subject to the availability of money in the
      redevelopment fund, the maximum amount payable from the
      redevelopment fund for any single corrective action plan must
      not exceed fifty percent of the eligible cleanup costs or five
      hundred thousand dollars, whichever is less.
      
           (c) (I)  During the fiscal year beginning July 1, 2013, the
      treasurer shall transfer five million dollars from the
      redevelopment fund to the state highway fund. The transferred
      moneys:
      
           (A)  Shall be expended solely for costs related to
      construction of a fire suppression system at the
      Eisenhower-Johnson tunnels; and
      
           (B)  Shall not be expended for administrative purposes.
      
           (II)  This paragraph (c) is repealed, effective July 1, 2014.
      
           (d)  The division of oil and public safety shall promulgate
      rules to implement this subsection (9).
      
           SECTION 2.  Applicability. This act applies to conduct occurring
      on or after the effective date of this act.
      
           SECTION 3.  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.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      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