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.