BY SENATOR Powers;
also REPRESENTATIVES Epps, Bacon, Clarke, Dean, Mace,
Musgrave, Paschall, Swenson, Tucker, Udall, S. Williams.
CONCERNING RECYCLING PROGRAMS, AND, IN CONNECTION
THEREWITH, MODIFYING THE DISTRIBUTION AND USAGE OF MONEYS APPROPRIATED
FROM THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND, EXTENDING
THE REPEAL DATES FOR THE PLASTICS RECYCLING PROGRAM AND THE WASTE
TIRE RECYCLING AND DISPOSAL PROGRAM, AND MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2432114
(1) (a), (1) (b), (3) (a), (3) (d), (4), (6), and (7), Colorado
Revised Statutes, are amended, and the said 2432114
is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
2432114. Cleanup of illegally
disposed of waste tires waste tire cleanup fund
assistance to counties legislative declaration repeal.
(1) (a) COMMENCING JULY 1, 1998, 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 AS FOLLOWS:
(I) AN AMOUNT OF UP TO FORTY PERCENT OF
THE MONEYS APPROPRIATED TO THE DEPARTMENT OF LOCAL AFFAIRS FROM
THE WASTE TIRE RECYCLING DEVELOPMENT CASH FUND MAY BE EXPENDED
FOR THE FOLLOWING:
(A) To provide GRANTS TO COUNTIES for
the disposal, or
recycling, OR REUSE 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, AS AN ALTERNATIVE TO DISPOSAL, TO ENCOURAGE THE RECYCLING
OF SUCH WASTE TIRES BY CONTRACT WITH PRIVATE ENTERPRISES; OR
(B) TO PROVIDE FOR TIRE REUSE OR RECYCLING
INCENTIVES IN STATE PUBLIC PROJECTS AND LOCAL GOVERNMENT PUBLIC
PROJECTS FOR PRODUCTS THAT CONTAIN OR MAKE USE OF RECYCLED WASTE
TIRES. THE DIRECTOR SHALL DETERMINE HOW MONEYS FOR TIRE REUSE
OR RECYCLING INCENTIVES SHALL BE DISTRIBUTED AMONG PROJECTS.
ANY STATE AGENCY IS AUTHORIZED TO EXPEND DISTRIBUTED TIRE REUSE
OR RECYCLING INCENTIVE MONEYS PURSUANT TO THE REQUIREMENTS OF
THIS SECTION. A MAXIMUM OF TEN PERCENT OF THE MONEYS APPROPRIATED
TO THE DEPARTMENT OF LOCAL AFFAIRS FROM THE WASTE TIRE RECYCLING
DEVELOPMENT CASH FUND MAY BE EXPENDED FOR THE PURPOSES AUTHORIZED
UNDER THIS SUBSUBPARAGRAPH (B).
(II) (A) 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 MAY
BE ALLOCATED TO THE COLORADO ADVANCED TECHNOLOGY INSTITUTE CREATED
IN SECTION 2311102, C.R.S., FOR THE PURPOSE OF EVALUATING
POTENTIAL USES FOR RECYCLED MATERIAL FROM MOTOR VEHICLE WASTE
TIRES. THE INSTITUTE SHALL, IF POSSIBLE, UTILIZE SUCH MONEYS
TO OBTAIN MATCHING FUNDS FROM FEDERAL OR PRIVATE SOURCES.
(B) THE COLORADO ADVANCED TECHNOLOGY INSTITUTE
SHALL ANNUALLY INFORM THE DIVISION REGARDING THE PROGRESS THAT
THE INSTITUTE HAS MADE IN THE EVALUATION OF WASTE TIRE USES.
(III) FOR THE PURPOSE OF EXPENDING TIRE
REUSE OR RECYCLING INCENTIVES UNDER THE PROVISIONS OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH (a), THE STATE PURCHASING DIRECTOR OR A
PURCHASING AGENT SHALL BE AUTHORIZED TO PURCHASE PRODUCTS WITH
RECYCLED WASTE TIRE CONTENT UNLESS ANY OF THE FOLLOWING CONDITIONS
EXIST:
(A) THE PRODUCT IS NOT AVAILABLE WITHIN A REASONABLE PERIOD OF TIME;
(B) THE PRODUCT FAILS TO MEET EXISTING
PURCHASING RULES, INCLUDING ANY APPLICABLE SPECIFICATIONS; OR
(C) THE PRODUCT FAILS TO MEET FEDERAL
OR STATE HEALTH OR SAFETY STANDARDS AS SET FORTH IN THE CODE OF
FEDERAL REGULATIONS OR THE COLORADO CODE OF REGULATIONS.
(IV) THE GENERAL ASSEMBLY HEREBY FINDS
THAT THE PURPOSE OF THE TIRE REUSE OR RECYCLING INCENTIVES UNDER
THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH (a) IS TO
ENCOURAGE THE BENEFICIAL REUSE AND RECYCLING OF WASTE TIRES IN
COLORADO AND IS NOT INTENDED TO USURP FUNCTIONS PROPERLY PERFORMED
BY THE PRIVATE SECTOR OR TO COMPETE UNFAIRLY WITH PRIVATE BUSINESSES.
(V) FOR THE PURPOSES OF THIS PARAGRAPH
(a), "PUBLIC PROJECT" MEANS:
(A) ANY PUBLICLY FUNDED CONTRACT ENTERED
INTO BY A GOVERNMENTAL BODY OF THE EXECUTIVE BRANCH OF THIS STATE
THAT IS SUBJECT TO THE "PROCUREMENT CODE", ARTICLES
101 TO 112 OF THIS TITLE; OR
(B) ANY PUBLICLY FUNDED CONTRACT ENTERED
INTO BY A MUNICIPALITY, COUNTY, OR CITY AND COUNTY, INCLUDING
ANY HOME RULE GOVERNMENT.
(b) Expenditures
authorized by this section may be made in the form of grants to
counties.
(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;
(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 OUT 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 OR REUSE PROJECTS; the method in which
such disposal was accomplished and the method of recycling OR
REUSE, 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.
(6.5) THE DIVISION MAY PROMULGATE RULES
TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
(7) This section is repealed, effective
upon receipt by the general assembly of the certification described
in subsection (6) of this section OR EFFECTIVE JULY 1, 2008, WHICHEVER
OCCURS FIRST.
SECTION 2. 2517106,
Colorado Revised Statutes, is amended to read:
2517106. Repeal of part.
This part 1 is repealed, effective July 1, 1998
2008.
SECTION 3. 2517202
(3.5) (a), Colorado Revised Statutes, is amended to read:
2517202. Waste tire recycling
development fee cash fund created repeal.
(3.5) (a) For the fiscal years commencing on
and after July 1, 1996, 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. 2517202 (3.5) (a), Colorado Revised Statutes, as amended by House Bill 981176, enacted at the Second Regular Session of the Sixtyfirst General Assembly, is amended to read:
2517202. Waste tire recycling
development fee cash fund created repeal.
(3.5) (a) For the fiscal years commencing on
and after July 1, 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 thirtyfive
FIFTY percent of the moneys appropriated to the department of
local affairs from the waste tire recycling development cash fund.
SECTION 5. 2517203,
Colorado Revised Statutes, is amended to read:
2517203. Repeal of part.
This part 2 is repealed, effective July 1, 2000
2008.
SECTION 6. 294719.1
(2) (f) (IV) and (2) (f) (V), Colorado Revised Statutes, are amended
to read:
294719.1. Economic development
fund repeal. (2) (f) (IV) Any
moneys deposited in the economic development fund that have been
appropriated from the waste tire recycling development cash fund
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.
(V) This subparagraph
(V) and subparagraphs (II) and (IV) of this
paragraph (f) are
IS repealed, effective July 1, 2005
2008.
SECTION 7. Appropriation and
transfer of appropriation. (1) From
the cash funds appropriation made in the annual general appropriation
act for the fiscal year beginning July 1, 1998, to the department
of local affairs, economic development, local affairs programs,
waste tire fund, Colorado housing and finance authority recycling
loans, for program costs, the sum of three hundred twentyone
thousand six hundred dollars ($321,600) is hereby transferred
to the department of local affairs, economic development, local
affairs programs, waste tire fund, waste tire removal grants,
for implementation of this act. Such sum shall be from the waste
tire recycling development cash fund.
(2) In addition to any other appropriation,
there is hereby appropriated, to the department of higher education,
Colorado advanced technology institute, for the fiscal year beginning
July 1, 1998, the sum of one hundred seven thousand two hundred
dollars ($107,200), or so much thereof as may be necessary, for
the implementation of this act. Such sum shall be from cash funds
exempt received from the department of local affairs out of the
appropriation transferred for waste tire removal grants in subsection
(1) of this section.
SECTION 8. Effective
date. Section 4 of this act shall take effect on the date
that House Bill 981176 becomes effective and the remainder
of this act shall take effect upon passage.
SECTION 9. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO