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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0162.01 MCV SENATE BILL 98­048

STATE OF COLORADO

BY SENATOR Powers;

also REPRESENTATIVE Epps.

TRANSPORTATION

A BILL FOR AN ACT

CONCERNING RECYCLING, AND, IN CONNECTION THEREWITH, EXTENDING THE PLASTICS AND WASTE TIRE RECYCLING PROGRAMS AND REQUIRING THAT ANY MONEYS APPROPRIATED FROM THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND TO THE DEPARTMENT OF LOCAL AFFAIRS THAT ARE NOT EXPENDED BY THE END OF THE FISCAL YEAR BE TRANSFERRED TO THE HIGHWAY USERS TAX FUND.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires that any moneys appropriated from the waste tire recycling development fund to the department of local affairs in any fiscal year that have not been expended by the end of such fiscal year be transferred to the highway users tax fund. Increases the maximum portion of the moneys appropriated from the fund to the department that may be allocated to the division of local government for cleanup of waste tires from 30% to 50%. Allows counties to use waste tire grant moneys for projects to encourage recycling and other beneficial uses of waste tires, in addition to the use of such moneys for the disposal of waste tires at storage, disposal, or recycling facilities.

Eliminates the automatic repeal of the waste tire recycling statutes and the automatic repeal of the plastics recycling statutes.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  24­32­114 (1) (a), (1) (c), (3) (a), (3) (d), (4), and (6), Colorado Revised Statutes, are amended to read:

24­32­114.  Cleanup of illegally disposed of waste tires ­ waste tire cleanup fund ­ assistance to counties ­ legislative declaration ­ repeal. (1) (a)  The director, in consultation with the executive director of the department of local affairs, shall expend moneys allocated to the division pursuant to section 25­17­202 (3), C.R.S., in the manner set forth in this section to provide for the disposal, or recycling, OR OTHER BENEFICIAL USE of illegally dumped or stored waste tires at a state or county approved storage or disposal facility, or at a recycling facility operated pursuant to regulations of the department of public health and environment concerning recycling, OR IN PROJECTS TO ENCOURAGE RECYCLING AND OTHER BENEFICIAL USES OF WASTE TIRES.

(c)  Moneys appropriated from the waste tire recycling development cash fund to the division of local government in accordance with section 25­17­202 (3), C.R.S., shall be deposited in the waste tire cleanup fund, which fund is hereby created in the state treasury, for use in accordance with this section. ANY MONEYS IN THE WASTE TIRE CLEANUP FUND THAT HAVE BEEN APPROPRIATED FROM THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND IN ANY FISCAL YEAR AND THAT REMAIN UNEXPENDED AND UNENCUMBERED AT THE END OF SUCH FISCAL YEAR SHALL BE TRANSFERRED TO THE HIGHWAY USERS TAX FUND CREATED PURSUANT TO SECTION 43­4­201, C.R.S.

(3) (a)  Grants made to counties pursuant to this section shall be used solely for the removal of waste tires from illegal dumps and storage facilities within the counties; and for disposal or recycling of the removed tires at a state or county approved storage, disposal, or recycling facility; AND TO ESTABLISH PROJECTS TO ENCOURAGE RECYCLING AND OTHER BENEFICIAL USES OF WASTE TIRES.

(d)  The general assembly hereby finds and declares that it is the policy of this state to pursue proposals for recycling AND MAKING OTHER BENEFICIAL USES OF waste tires, in lieu of storage or landfill disposal, whenever feasible.

(4)  No later than January 1, 1997, and biennially thereafter, each county in the state that has received funds pursuant to this section shall submit a report to the director and to the general assembly concerning the quantity, expressed in weight or as a number, of tires removed from illegal dumps or storage facilities in the county and disposed of at approved facilities OR IN RECYCLING AND REUSE PROJECTS; the method in which such disposal was accomplished and the method of recycling, if any; and, the quantity of tires in the county remaining to be disposed of or recycled in future years.

(6)  When the executive director of the department of local affairs determines that all illegal waste tire dumps and storage facilities in the state have been closed and the tires held by such facilities have been disposed of or recycled at a state or county approved storage, disposal, or recycling facility OR IN RECYCLING OR REUSE PROJECTS, the director shall certify that fact to the general assembly and the Colorado housing and finance authority. Certification shall be as prescribed in section 25­17­202 (3.5) (b), C.R.S.

SECTION 2.  Repeal.  25­17­106, Colorado Revised Statutes, is repealed as follows:

25­17­106. Repeal of part. This part 1 is repealed, effective July 1, 1998.

SECTION 3.  25­17­202 (3) and (3.5) (a), Colorado Revised Statutes, are amended to read:

25­17­202.  Waste tire recycling development fee ­ cash fund created ­ repeal. (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. ANY MONEYS APPROPRIATED TO THE DEPARTMENT OF LOCAL AFFAIRS FROM THE FUND DURING ANY FISCAL YEAR THAT ARE NOT EXPENDED BY THE END OF SUCH YEAR SHALL BE TRANSFERRED TO THE HIGHWAY USERS TAX FUND CREATED BY SECTION 43­4­201, C.R.S., PURSUANT TO THE REQUIREMENTS OF SECTIONS 24­32­114 (1) (c), C.R.S., AND 29­4­719.1 (2) (f) (IV), C.R.S.

(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 FIFTY percent of the moneys appropriated to the department of local affairs from the waste tire recycling development cash fund.

SECTION 4.  Repeal.  25­17­203, Colorado Revised Statutes, is repealed as follows:

25­17­203.  Repeal of part. This part 2 is repealed, effective July 1, 2000.

SECTION 5.  29­4­719.1 (2) (f) (IV) and (2) (f) (V), Colorado Revised Statutes, are amended to read:

29­4­719.1.  Economic development fund ­ repeal. (2)  Moneys held in the economic development fund shall be expended by the authority for the following purposes:

(f) (IV)  Any moneys deposited in the economic development fund that have been appropriated from the waste tire recycling development cash fund IN ANY FISCAL YEAR and that are not used for the purposes described in subparagraph (I) of this paragraph (f) shall remain in the economic development fund and shall not be transferred to the general fund of the state at the end of any fiscal year until July 1, 2005, at which time this subparagraph (IV) shall be repealed, and any moneys remaining in the fund shall be subject to appropriation by the general assembly for purposes that are consistent with subparagraph (I) of this paragraph (f) and section 25­17­101, C.R.S. REMAIN UNEXPENDED AND UNENCUMBERED AT THE END OF SUCH FISCAL YEAR SHALL BE TRANSFERRED TO THE HIGHWAY USERS TAX FUND CREATED PURSUANT TO SECTION 43­4­201, C.R.S..

(V)  This subparagraph (V) and subparagraphs SUBPARAGRAPH (II) and (IV) of this paragraph (f) are repealed, effective July 1, 2005.

SECTION 6.  43­4­205, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

43­4­205. Allocation of fund. (6.7)  THE REVENUES TRANSFERRED TO THE HIGHWAY USERS TAX FUND FROM THE WASTE TIRE CLEANUP FUND PURSUANT TO SECTION 24­32­114 (1) (c), C.R.S., AND THE ECONOMIC DEVELOPMENT FUND PURSUANT TO SECTION 29­4­719.1 (2) (f) (IV), C.R.S., SHALL BE ALLOCATED PURSUANT TO THE FORMULA PROVIDED IN PARAGRAPH (b) OF SUBSECTION (6) OF THIS SECTION.

SECTION 7.  Effective date. This act shall take effect July 1, 1998.

SECTION 8.  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.