BY REPRESENTATIVES Swenson and Dean;
also SENATORS Powers and Chlouber.
CONCERNING WASTE TIRE RECYCLING, AND, IN CONNECTION
THEREWITH, DIRECTING THE DEPARTMENT OF LOCAL AFFAIRS TO USE MONEYS
FROM THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND TO PROVIDE
PARTIAL REIMBURSEMENT TO WASTE TIRE PROCESSORS AND END USERS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Legislative
declaration. The general assembly hereby finds that the proliferation
of waste tires in Colorado continues to be a hazard to the public
in Colorado and that prior efforts to address this problem have
been inadequate. The general assembly further finds that private
industry can reduce the number of waste tires through recycling
efforts, but this will require the application of new technologies.
The general assembly declares that the issuance of partial reimbursements
to waste tire processors and end users will assist new tire recycling
technologies in becoming economically feasible and will benefit
all of the citizens of the state.
SECTION 2. 2517202
(1) (b), (3), and (3.5) (a), Colorado Revised Statutes, are amended,
and the said 2517202 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
2517202. Waste tire recycling
development fee cash fund created repeal.
(1) (b) For the purposes of this part 2:
(I) "END USER" MEANS A PERSON
WHO USES PROCESSED WASTE TIRES FOR A COMMERCIAL OR INDUSTRIAL
PURPOSE.
(II) "Motor vehicle tire" means
any tire used for a motor vehicle, as such term is defined in
section 421102 (58), C.R.S.; except that motor vehicle
shall not include motorcycles.
(III) "PROCESSED WASTE TIRES"
MEANS WASTE TIRES THAT HAVE BEEN PROCESSED FOR RECYCLING IN COLORADO.
(IV) "PROCESSOR" MEANS A PERSON
WHO PROCESSES WASTE TIRES FOR RECYCLING IN COLORADO.
(3) The department of revenue shall transmit
the fee with a report of its direct and indirect administrative
costs in complying with this section to the state treasurer, who
shall credit the same to the waste tire recycling development
cash fund, which fund is hereby created. The general assembly
shall make annual appropriations out of the fund to the department
of revenue in an amount equal to the department of revenue's direct
and indirect administrative costs, but which amount shall not
exceed three and onethird percent of the total amount of
fees transmitted to the treasurer. The remaining moneys in the
fund shall be subject to annual appropriation by the general assembly
to the department of local affairs for allocation to the Colorado
housing and finance authority for the purposes described in section
294719.1 (2) (f), C.R.S., and to the division of local
government for the purposes described in section 2432114,
C.R.S., AND IN SUBSECTION (3.2) OF THIS SECTION. In accordance
with section 2436114, C.R.S., all interest derived
from the deposit and investment of moneys in the fund shall be
credited to the general fund. At the end of any fiscal year,
all unexpended and unencumbered moneys in the fund shall remain
therein and shall not be credited or transferred to the general
fund or any other fund.
(3.2) (a) THE DIVISION OF LOCAL GOVERNMENT
IN THE DEPARTMENT OF LOCAL AFFAIRS SHALL PROVIDE PARTIAL REIMBURSEMENT
TO PERSONS FOR WASTE TIRE PROCESSING AND USAGE. THE PURPOSE OF
SUCH PARTIAL REIMBURSEMENTS SHALL BE TO ASSIST NEW WASTE TIRE
RECYCLING TECHNOLOGIES TO BECOME ECONOMICALLY FEASIBLE AND TO
THEREBY ENCOURAGE THE USE OF WASTE TIRES AND REDUCE THE STORAGE
OF SUCH TIRES IN COLORADO. AN AMOUNT OF UP TO FIVE PERCENT OF
THE MONEYS APPROPRIATED TO THE DEPARTMENT OF LOCAL AFFAIRS FROM
THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND SHALL BE USED FOR
SUCH PARTIAL REIMBURSEMENTS.
(b) A PARTIAL REIMBURSEMENT TO A PROCESSOR
OR TO AN END USER UNDER THIS SUBSECTION (3.2) SHALL BE IN AN AMOUNT
OF UP TO TWENTY DOLLARS FOR EACH TON OF RAW WASTE TIRES THAT
ARE PROCESSED OR USED.
(c) THE DIVISION OF LOCAL GOVERNMENT SHALL
PROMULGATE RULES TO ESTABLISH APPLICATION PROCEDURES AND ELIGIBILITY
CRITERIA FOR PARTIAL REIMBURSEMENTS TO PROCESSORS AND END USERS
UNDER THIS SUBSECTION (3.2).
(d) THIS SUBSECTION (3.2) IS REPEALED,
EFFECTIVE JULY 1, 2003.
(3.5) (a) For the fiscal years commencing
on and after July 1, 1996
1998, moneys allocated to the division of local government pursuant
to subsection (3) of this section, less a proportionate share
of the administrative costs of the department of local affairs
in administering the funds, shall constitute not more than thirty
THIRTYFIVE percent of the moneys appropriated to the department
of local affairs from the waste tire recycling development cash
fund.
SECTION 3. Effective
date applicability. (1) This act shall
take effect at 12:01 a.m. on the day following the expiration
of the ninetyday period after final adjournment of the general
assembly that is allowed for submitting a referendum petition
pursuant to article V, section 1 (3) of the state constitution;
except that, if a referendum petition is filed against this act
or an item, section, or part of this act within such period, then
the act, item, section, or part, if approved by the people, shall
take effect on the date of the official declaration of the vote
thereon by proclamation of the governor.
(2) The provisions of this act shall apply to moneys collected for waste tire recycling development fees on or after the applicable effective date of this act.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO