First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0188.01 Jery Payne x2157 HOUSE BILL 13-1096 HOUSE SPONSORSHIP Coram, SENATE SPONSORSHIP Todd, House Committees Senate Committees Agriculture, Livestock, & Natural Resources Appropriations A BILL FOR AN ACT Concerning the reimbursement program for the beneficial use of waste tires. 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.) Current law provides for a subsidy that encourages the recycling of waste tires. The bill clarifies that a mobile processor is eligible for the subsidy. The bill also defines "beneficial use" of waste tires in order to include the use of a waste tire or tire-derived product for an agricultural purpose. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25-17-202, amend (1) (a), (1) (j) (I) (D), and (1) (j) (I) (E); and add (1) (a.5), (1) (c.5), and (1) (j) (I) (F) as follows: 25-17-202. Waste tire fees - definitions - repeal. (1) As used in this part 2, unless the context otherwise requires: (a) "Commission" means the solid and hazardous waste commission created in section 25-15-302 "Beneficial use" means the use of a waste tire or tire-derived product for an agricultural purpose, the use of a tire-derived product for a commercial or industrial purpose, the use of a tire-derived product to make improvements to land, or the sale of a tire-derived product to an end user. (a.5) "Commission" means the solid and hazardous waste commission created in section 25-15-302. (c.5) "Mobile processor" means a processor that uses mobile machinery to process waste tires. (j) (I) "Waste tire facility" means: (D) A collection facility, as that term is defined by the commission by rule; or (E) Any other facility at which a quantity of waste tires in excess of a limit established by rule by the commission are stored for at least ninety days, processed, or disposed of; or (F) A mobile processor. SECTION 2. In Colorado Revised Statutes, 25-17-202.5, amend (1) 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 The fund shall consist consists 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). The state treasurer shall deposit all interest or any other return on the investment of moneys in the fund. shall be deposited in the fund. 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 end used. The purpose of the partial reimbursements reimbursement fund is to encourage the beneficial use of waste tires and tire-derived products and 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. SECTION 3. In Colorado Revised Statutes, 25-17-202.6, amend (2) (a) as follows: 25-17-202.6. Waste tire cleanup fund - rules. (2) The department shall use the remaining moneys in the fund as follows: (a) Up to two-thirds may be expended to provide grants to counties and municipalities for the disposal, recycling, or reuse of waste tires that have been illegally dumped or abandoned or are otherwise not eligible for reimbursements from a fund created in this article and allow for partial reimbursement to processors, including mobile processors, and end users up to a maximum of sixty-five dollars for each ton of Colorado raw waste tires that are processed or used at a waste tire facility; SECTION 4. Act subject to petition - effective date. This act takes 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 7, 2013, if adjournment sine die is on May 8, 2013); 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 will not take effect unless approved by the people at the general election to be held in November 2014 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.