Second Regular Session DRAFT

Sixty-seventh General Assembly 10.15.09

STATE OF COLORADO
BILL 2

LLS NO. 10-0192.01 Thomas Morris INTERIM COMMITTEE BILL

Transportation Legislation Review Committee

@House1 Committees @House2 Committees

SHORT TITLE: "Reduce Waste Tire Stockpile Risks"

A BILL FOR AN ACT

101 C ONCERNING INCREASED AUTHORITY TO REGULATE WASTE TIRES.

Bill Summary

(Note: This summary applies to this bill as introduced and does

not necessarily reflect any amendments that may be subsequently
adopted.)

Current law gives several departments authority over fees collected

upon the sale of new motor vehicle tires to deal with waste tires. The bill
consolidates all such authority in the department of public health and
environment (department) and adds requirements for fire prevention
planning, registration, decals, and manifests for certain waste tire haulers
and waste tire facilities.
Sections 1 and 2 of the bill end the transfer of waste tire fees to
the innovative higher education research authority program effective July
1, 2012. Section 3 repeals the department of local affairs' administration

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
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of the waste tire cleanup fund. Sections 4 and 5 repeal the advanced
technology fund and end the transfer of waste tire fees to the recycling
resources economic opportunity grant program.
Section 6 repeals and reenacts, with amendments, the law that
imposes the $1.50 waste tire fee and allocates the fee as follows:
! Until July 1, 2012, 25.33% to the processors and end users
fund and 6.67% to the innovative higher education research
fund; after July 1, 2012, 32% to the processors and end
users fund;
! 44.66% to the waste tire cleanup fund;
! 8% to the waste tire fire prevention fund;
! 6.67% to the waste tire market development fund; and
! 8.67% to the law enforcement grant fund.
Section 7 updates the law regarding the processors and end users
fund. Section 8 recreates the waste tire cleanup fund, creates the waste
tire fire prevention fund, and creates the waste tire market development
fund.
Sections 9 and 10 update the law regarding waste tire haulers to
require decals on hauling vehicles and the completion and retention of
manifests. Section 10 also prohibits a person from hauling more than a
quantity of waste tires in excess of a limit established by rule by the solid
and hazardous waste commission (commission) unless the person is
registered.
Section 11 creates several new sections of law that:
! Specify requirements for decals and manifests;
! Require the registration of waste tire facilities;
! Require, as a condition of maintaining their registration,
that certain waste tire facilities submit to the department a
waste tire inventory reduction plan and process 100% of
the waste tires accepted by that facility each year;
! Impose requirements relating to financial responsibility for
closure and reclamation of waste tire facilities;
! Establish fees, give the commission general rule-making
authority regarding waste tires, set penalties, and identify
enforcement authorities;
! Create a waste tire advisory committee; and
! Create a waste tire fund, used for the department's costs in
administering the program.
Section 12 specifies that sales tax is not assessed when the waste
tire fee is collected upon the sale of a new tire.
Section 13 specifies the drivers' license points to be assessed if a
violation involves a motor vehicle.

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

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1 SECTION 1. 23-19.7-104, Colorado Revised Statutes, is

2 amended to read:

3 23-19.7-104. Innovative higher education research fund -

4 funding. There is hereby created in the state treasury the innovative

5 higher education research fund, which shall consist of moneys transferred

6 to the research fund from the waste tire recycling development cash fund

7 created in section 25-17-202 (3) (a), C.R.S., pursuant to section

8 25-17-202 (3) (b) (III), C.R.S., and the advanced technology fund created

9 in section 25-16.5-105 (2) (a), C.R.S., pursuant to section 25-16.5-105 (2)

10 (e), 25-17-202 (3) (a) (I) (A), C.R.S., any moneys that the general

11 assembly may appropriate to the research fund, any moneys received

12 pursuant to section 23-19.7-103 (1) (j), and all income and interest

13 derived from the deposit and investment of moneys in the research fund.

14 Moneys in the research fund shall be subject to annual appropriation by

15 the general assembly for the direct and indirect costs associated with the

16 implementation of this article. Unexpended and unencumbered moneys

17 remaining in the research fund at the end of any fiscal year shall remain

18 in the research fund and shall not be credited or transferred to the general

19 fund or any other fund.

20 SECTION 2. Article 19.7 of title 23, Colorado Revised Statutes,

21 is amended BY THE ADDITION OF A NEW SECTION to read:

22 23-19.7-105. Repeal. T HIS ARTICLE IS REPEALED, EFFECTIVE J ULY

23 1, 2012.

24 SECTION 3. Repeal. 24-32-114, Colorado Revised Statutes, is

25 repealed.

26 SECTION 4. 25-16.5-105 (1) (j.5), (1) (k), and (2), Colorado

27 Revised Statutes, are amended to read:

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1 25-16.5-105. Powers and duties of advisory board. (1) The

2 advisory board shall have the following powers and duties:

3 (j.5) To receive and expend gifts, grants, and bequests from any

4 source, public or private, specifically including state and federal moneys

5 and other available moneys, to provide research funding and technology

6 transfer capital from the advanced technology fund pursuant to paragraph

7 (b) of subsection (2) of this section;

8 (k) In consultation with the committee, to develop a formula for

9 paying a rebate to any local government or to any nonprofit or for-profit

10 entity that recycles any commodity. The rebate authorized by this

11 paragraph (k) shall be paid on commodities recycled on a per-ton basis

12 with differential rates for different commodities. Any rebate shall be paid

13 out of moneys collected from the additional fee imposed by section

14 25-17-202 (1) (a) (IV) that is allocated to the recycling resources

15 economic opportunity fund created in section 25-16.5-106.5, and from the

16 user fee imposed by section 25-16-104.5 (3.9) (a) to fund the recycling

17 resources economic opportunity program created in section

18 25-16.5-106.7; except that, for any one state fiscal year, the amount

19 rebated pursuant to this paragraph (k) shall equal one-fourth of the

20 amount of moneys collected in the fund in the immediately previous state

21 fiscal year. Applications to the advisory board for any rebate may be

22 submitted after the last day of the month following the end of each

23 calendar quarter for recycling activities undertaken in such calendar

24 quarter, beginning with the calendar quarter ending on December 31,

25 2007; except that the period for the first rebate payment shall cover July

26 1, 2007, through December 31, 2007.

27 (2) (a) There is hereby created in the state treasury the advanced

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1 technology fund. The fund shall consist of moneys transferred thereto

2 pursuant to section 25-17-202 (3), any moneys available to the board

3 pursuant to paragraph (j.5) of subsection (1) of this section that the board

4 transmits to the state treasurer to be credited to the fund, and any moneys

5 appropriated to the fund by the general assembly. All interest derived

6 from the deposit and investment of moneys in the fund shall be credited

7 to the fund. The moneys in the fund are hereby continuously appropriated

8 to the board for the purposes specified in paragraph (b) of this subsection

9 (2).

10 (b) The board shall expend moneys in the advanced technology

11 fund to finance research, including research regarding the use of waste

12 tires for noise mitigation along state highways as prioritized by the

13 department of transportation pursuant to section 43-2-402 (5) (b), C.R.S.,

14 that will increase or improve recycling techniques and technology or

15 create marketable uses for discarded materials, including strategies

16 pertaining to waste tires, and address problems caused by inappropriate

17 disposal of solid waste materials, including waste tire stockpiles, making

18 use where possible of the research capacities of Colorado institutions of

19 higher education. Grant awards shall be made, and the criteria for

20 awarding grants shall be developed in consultation with the pollution

21 prevention advisory board assistance committee created in section

22 25-16.5-105.5 (2), enacted by House Bill 07-1288, enacted at the first

23 regular session of the sixty-sixth general assembly. The board, in

24 consultation with the committee shall adopt a policy for the expenditure

25 of such moneys, which shall contain priorities and the criteria for

26 providing research funding and technology transfer.

27 (c) Notwithstanding the provisions of section 24-1-136 (11),

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1 C.R.S., the board shall biennially report to the general assembly about the

2 status of financing the efforts described in paragraph (b) of this

3 subsection (2), including an assessment of the activities of individuals or

4 entities receiving grants from the advanced technology fund.

5 (d) Notwithstanding any provision of this subsection (2) to the

6 contrary, on March 5, 2003, the state treasurer shall deduct eight hundred

7 eighty-six thousand one hundred eighty-nine dollars and fifty-one cents

8 from the advanced technology fund and transfer such sum to the general

9 fund.

10 (e) Notwithstanding any other provision of this subsection (2), on

11 May 31, 2007, the state treasurer shall transfer forty percent of the

12 unencumbered balance of the advanced technology fund to the innovative

13 higher education research fund created in section 23-19.7-104, C.R.S.

14 SECTION 5. 25-16.5-106.5 (1) and (2), Colorado Revised

15 Statutes, are amended to read:

16 25-16.5-106.5. Recycling resources economic opportunity fund

17 - creation - repeal. (1) The recycling resources economic opportunity

18 fund is hereby created in the state treasury, referred to in this section as

19 the "fund". The fund shall consist of moneys collected for the fund

20 pursuant to sections 25-16-104.5 (3.9) (b) and 25-17-202 (1) (a) (IV) and

21 credited to the fund in accordance with the provisions of section

22 25-16-104.5 (3.9) (b), any moneys appropriated to the fund by the general

23 assembly, and all other moneys that may be available to the fund,

24 including moneys made available from gifts, grants, or bequests. All

25 interest derived from the deposit of moneys in the fund shall be credited

26 to the fund. At the end of any fiscal year, all unexpended and

27 unencumbered moneys in the fund shall remain therein IN THE FUND and

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1 shall not be credited or transferred to the general fund or any other fund.

2 (2) Any moneys generated from the imposition of solid waste user

3 fees pursuant to sections SECTION 25-16-104.5 (3.9) and 25-17-202 (1) (a)

4 (IV) shall be annually appropriated to the department for allocation to the

5 advisory board for the purpose of funding the recycling resources

6 economic opportunity activities authorized by section 25-16.5-106.7, as

7 well as any administrative costs associated therewith, including without

8 limitation the grants authorized to be made under section 25-16.5-106.7

9 (3) and grant program oversight authorized by section 25-16.5-105.5 (3).

10 SECTION 6. 25-17-202, Colorado Revised Statutes, is

11 REPEALED AND REENACTED, WITH AMENDMENTS, to read:

12 25-17-202. Waste tire fees - definitions. (1) A S USED IN THIS

13 PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:

14 (a) "C OMMISSION" MEANS THE SOLID AND HAZARDOUS WASTE

15 COMMISSION CREATED IN SECTION 25-15-302.

16 (b) "D EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH

17 AND ENVIRONMENT.

18 (c) "E ND USER" MEANS A PERSON WHO USES PROCESSED WASTE

19 TIRES FOR A COMMERCIAL OR INDUSTRIAL PURPOSE.

20 (d) "P ROCESSOR" MEANS A PERSON WHO PROCESSES WASTE TIRES

21 FOR RECYCLING IN C OLORADO.

22 (e) "P UBLIC PROJECT" MEANS:

23 (I) A NY PUBLICLY FUNDED CONTRACT ENTERED INTO BY A

24 GOVERNMENTAL BODY OF THE EXECUTIVE BRANCH OF THIS STATE THAT

25 IS SUBJECT TO THE "P ROCUREMENT C ODE", ARTICLES 101 TO 112 OF TITLE

26 24, C.R.S.; AND

27 (II) A NY PUBLICLY FUNDED CONTRACT ENTERED INTO BY ANY

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1 POLITICAL SUBDIVISION OF THE STATE.

2 (f) "T IRE" MEANS A TIRE FOR ANY PASSENGER VEHICLE, INCLUDING

3 ANY TRUCK, WEIGHING LESS THAN FIFTEEN THOUSAND POUNDS, AND FOR

4 ANY TRUCK, INCLUDING ANY TRUCK TRACTOR, TRAILER, OR SEMITRAILER,

5 WEIGHING MORE THAN FIFTEEN THOUSAND POUNDS; EXCEPT THAT " TIRE"

6 DOES NOT INCLUDE:

7 (I) T IRES THAT ARE RECAPPED OR OTHERWISE REPROCESSED FOR

8 USE; OR

9 (II) T IRES THAT ARE USED FOR:

10 (A) A MOTORCYCLE;

11 (B) F ARM EQUIPMENT EXEMPT FROM SALES AND USE TAXES

12 PURSUANT TO SECTION 39-26-716, C.R.S.; OR

13 (C) A FARM TRACTOR OR IMPLEMENT OF HUSBANDRY EXEMPT

14 FROM REGISTRATION PURSUANT TO SECTION 42-3-104, C.R.S.

15 (g) "T IRE-DERIVED PRODUCT" MEANS MATTER THAT:

16 (I) IS DERIVED FROM A PROCESS THAT USES WHOLE TIRES AS A

17 FEEDSTOCK, INCLUDING SHREDDING, CRUMBING, AND CHIPPING; AND

18 (II) H AS BEEN SOLD AND REMOVED FROM THE FACILITY OF A

19 PROCESSOR.

20 (h) (I) "W ASTE TIRE" MEANS A TIRE THAT IS NO LONGER MOUNTED

21 ON A MOTOR VEHICLE AND IS NO LONGER SUITABLE FOR USE AS A TIRE DUE

22 TO WEAR, DAMAGE, OR DEVIATION FROM THE MANUFACTURER'S ORIGINAL

23 SPECIFICATIONS.

24 (II) "W ASTE TIRE" INCLUDES THE FOLLOWING TYPES OF TIRES THAT

25 ARE NOT ORGANIZED FOR RESALE BY SIZE IN A RACK OR A STACK IN A

26 MANNER THAT ALLOWS THE INSPECTION OF EACH INDIVIDUAL TIRE: A

27 REPAIRABLE TIRE, SCRAP TIRE, ALTERED WASTE TIRE, AND A USED TIRE.

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1 (III) "W ASTE TIRE" DOES NOT INCLUDE A TIRE-DERIVED PRODUCT

2 OR CRUMB RUBBER.

3 (i) "W ASTE TIRE CLEANUP PROGRAM" OR " PROGRAM" MEANS THE

4 PROGRAM CREATED BY THIS PART 2.

5 (j) (I) "W ASTE TIRE FACILITY" MEANS:

6 (A) A WASTE TIRE MONOFILL, AS THAT TERM IS DEFINED IN

7 SECTION 30-20-1001, C.R.S.;

8 (B) A FACILITY OF AN END USER OR PROCESSOR;

9 (C) A FACILITY OF A TIRE RETAILER OR TIRE WHOLESALER THAT IS

10 A SOURCE OF WASTE TIRES PURSUANT TO SECTION 30-20-1007 OR

11 30-20-1008, C.R.S.;

12 (D) A COLLECTION FACILITY, AS THAT TERM IS DEFINED BY THE

13 DEPARTMENT BY RULE ;

14 (E) A NY OTHER FACILITY AT WHICH A QUANTITY OF WASTE TIRES

15 IN EXCESS OF A LIMIT ESTABLISHED BY RULE BY THE COMMISSION ARE

16 STORED FOR AT LEAST NINETY DAYS, PROCESSED, OR DISPOSED OF.

17 (II) "W ASTE TIRE FACILITY" DOES NOT INCLUDE THE FACILITY OF

18 A WASTE TIRE HAULER UNLESS THE HAULER STORES A QUANTITY OF WASTE

19 TIRES IN EXCESS OF A LIMIT ESTABLISHED BY RULE BY THE COMMISSION AT

20 THE FACILITY FOR AT LEAST NINETY DAYS.

21 (2) (a) O N AND AFTER J ULY 1, 2010, RETAILERS OF NEW TIRES

22 SHALL COLLECT A WASTE TIRE FEE OF ONE DOLLAR AND FIFTY CENTS ON

23 THE SALE OF EACH NEW TIRE. T HE RECEIPT FROM THE RETAILER TO THE

24 CUSTOMER FOR EVERY NEW TIRE SHALL CONTAIN THE FOLLOWING

25 STATEMENT IN NO LESS THAN FIFTEEN - POINT, BOLD- FACED TYPE:

26 "S ECTION 25-17-202, C OLORADO R EVISED S TATUTES, REQUIRES

27 RETAILERS TO COLLECT A $1.50 WASTE TIRE FEE ON THE SALE OF EACH

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1 NEW MOTOR VEHICLE TIRE."

2 (b) T HE RETAILER SHALL SUBMIT TO THE DEPARTMENT OF

3 REVENUE ALL FEES COLLECTED PURSUANT TO THIS SECTION TOGETHER

4 WITH ANY REPORT REQUIRED BY THE DEPARTMENT OF REVENUE IN

5 CONJUNCTION WITH THE REMITTANCE OF ANY SALES TAX IN ACCORDANCE

6 WITH ARTICLE 26 OF TITLE 39, C.R.S. T HE RETAILER MAY RETAIN FROM

7 THE FEES COLLECTED AN AMOUNT EQUAL TO THE RETAILER'S DIRECT COST

8 IN COMPLYING WITH THIS SECTION, WHICH AMOUNT SHALL NOT EXCEED

9 THREE AND ONE- THIRD PERCENT OF THE FEE COLLECTED.

10 (c) A PERSON WHO FAILS TO COMPLY WITH THIS SECTION SHALL BE

11 SUBJECT TO SECTION 39-21-118, C.R.S. T HE DEPARTMENT OF REVENUE

12 SHALL NOTIFY RETAILERS OF NEW TIRES CONCERNING THE NEW

13 REQUIREMENTS IN THIS SECTION ENACTED BY S ENATE B ILL 09-289,

14 ENACTED IN 2009.

15 (3) (a) T HE DEPARTMENT OF REVENUE SHALL TRANSMIT THE FEES,

16 TOGETHER WITH A REPORT OF ITS DIRECT AND INDIRECT ADMINISTRATIVE

17 COSTS IN COMPLYING WITH THIS SECTION, TO THE STATE TREASURER. T HE

18 STATE TREASURER SHALL PAY TO THE DEPARTMENT OF REVENUE AN

19 AMOUNT EQUAL TO THE DEPARTMENT OF REVENUE'S DIRECT AND INDIRECT

20 ADMINISTRATIVE COSTS SPECIFIED IN THIS PARAGRAPH (a); EXCEPT THAT

21 THIS AMOUNT SHALL NOT EXCEED ONE AND TWO- THIRDS PERCENT OF THE

22 TOTAL AMOUNT OF FEES CREDITED PURSUANT TO THIS PARAGRAPH (a).

23 T HE STATE TREASURER SHALL, SUBJECT TO PARAGRAPH (b) OF THIS

24 SUBSECTION (3), CREDIT THE REMAINING FEES AS FOLLOWS:

25 (I) (A) T WENTY-FIVE AND THIRTY-THREE ONE-HUNDREDTHS

26 PERCENT TO THE PROCESSORS AND END USERS FUND CREATED IN SECTION

27 25-17-202.5 AND SIX AND SIXTY-SEVEN ONE-HUNDREDTHS PERCENT TO

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1 THE INNOVATIVE HIGHER EDUCATION RESEARCH FUND CREATED IN

2 SECTION 23-19.7-104, C.R.S. T HIS SUB-SUBPARAGRAPH (A) IS REPEALED,

3 EFFECTIVE J ULY 1, 2012.

4 (B) E FFECTIVE J ULY 1, 2012, THIRTY-TWO PERCENT TO THE

5 PROCESSORS AND END USERS FUND CREATED IN SECTION 25-17-202.5;

6 (II) F ORTY-FOUR AND SIXTY-SIX ONE-HUNDREDTHS PERCENT TO

7 THE WASTE TIRE CLEANUP FUND CREATED IN SECTION 25-17-202.6;

8 (III) E IGHT PERCENT TO THE WASTE TIRE FIRE PREVENTION FUND

9 CREATED IN SECTION 25-17-202.8;

10 (IV) S IX AND SIXTY-SEVEN ONE-HUNDREDTHS PERCENT TO THE

11 WASTE TIRE MARKET DEVELOPMENT FUND CREATED IN SECTION

12 25-17-202.9; AND

13 (V) E IGHT AND SIXTY-SEVEN ONE-HUNDREDTHS PERCENT TO THE

14 LAW ENFORCEMENT GRANT FUND CREATED IN SECTION 25-17-207 (6).

15 (b) T HE DEPARTMENT MAY REALLOCATE UNCOMMITTED MONEYS

16 AMONG FUNDING CATEGORIES DESCRIBED IN THIS SUBSECTION (3) AT THE

17 END OF EACH FISCAL QUARTER.

18 (4) N OTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE

19 DEPARTMENT SHALL DISTRIBUTE, WHETHER BY GRANT, REIMBURSEMENT,

20 OR OTHERWISE, FEES COLLECTED PURSUANT TO THIS SECTION ONLY TO A

21 PERSON OR ENTITY THAT IS LOCATED IN AND HAS OPERATIONS IN

22 C OLORADO, AND SHALL NOT DISTRIBUTE ANY SUCH FEES TO A PERSON OR

23 ENTITY LOCATED OUTSIDE OF C OLORADO.

24 SECTION 7. 25-17-202.5 (1), Colorado Revised Statutes, is

25 amended to read:

26 25-17-202.5. Processors and end users fund created - repeal.

27 (1) There is hereby created, in the state treasury, the processors and end

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1 users of waste tires cash fund. Such fund shall consist of the fee revenue

2 collected CREDITED pursuant to section 25-17-202 (1) (a) (III) (3) (a) (I)

3 AND YEAR- END SURPLUSES TRANSFERRED PURSUANT TO SECTIONS

4 25-17-202.6 (1), 25-17-202.8 (1), 25-17-202.9 (1), AND 25-17-207 (6).

5 A LL INTEREST OR ANY OTHER RETURN ON THE INVESTMENT OF MONEYS IN

6 THE FUND SHALL BE DEPOSITED IN THE FUND. Any moneys in the fund not

7 expended or encumbered from any appropriation at the end of any fiscal

8 year shall remain available, without further appropriation, for expenditure

9 in the next fiscal year by the department of local affairs for allocation to

10 the division of local government to be used in the following amounts for

11 the following purposes PARTIAL REIMBURSEMENT TO PROCESSORS AND

12 END USERS, UP TO A MAXIMUM OF FIFTY DOLLARS FOR EACH TON OF RAW

13 C OLORADO WASTE TIRES THAT ARE PROCESSED OR USED. T HE PURPOSE OF

14 SUCH PARTIAL REIMBURSEMENTS SHALL BE TO ASSIST NEW WASTE TIRE

15 RECYCLING TECHNOLOGIES TO BECOME ECONOMICALLY FEASIBLE AND TO

16 THEREBY ENCOURAGE THE USE OF WASTE TIRES AND REDUCE THE

17 STORAGE OF WASTE TIRES IN C OLORADO. <{this is a quote of 24-32-114

18 (1) (c)}>

19 (a) Seventy-two percent shall be used for the purposes described

20 in section 24-32-114 (1) (c), C.R.S.

21 (b) Twenty-eight percent shall be used for the purposes described

22 in section 24-32-114 (1) (b), C.R.S.

23 SECTION 8. Part 2 of article 17 of title 25, Colorado Revised

24 Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW

25 SECTIONS to read:

26 25-17-202.6. Waste tire cleanup fund - rules - repeal.

27 (1) T HERE IS HEREBY CREATED IN THE STATE TREASURY THE WASTE TIRE

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1 CLEANUP FUND, REFERRED TO IN THIS SECTION AS THE " FUND", CONSISTING

2 OF REVENUES CREDITED PURSUANT TO SECTION 25-17-202 (3) (a) (II).

3 A LL INTEREST OR ANY OTHER RETURN ON THE INVESTMENTS SHALL BE

4 DEPOSITED IN THE FUND. A T THE END OF EACH FISCAL YEAR, THE STATE

5 TREASURER SHALL TRANSFER ALL UNEXPENDED AND UNENCUMBERED

6 MONEYS IN THE FUND TO THE PROCESSORS AND END USERS FUND CREATED

7 IN SECTION 25-17-202.5. T HE GENERAL ASSEMBLY SHALL MAKE ANNUAL

8 APPROPRIATIONS OUT OF THE FUND TO THE DEPARTMENT IN AN AMOUNT

9 EQUAL TO THE DEPARTMENT'S DIRECT AND INDIRECT ADMINISTRATIVE

10 COSTS INCURRED PURSUANT TO THIS SECTION AND SECTIONS 25-17-202.5

11 AND 25-17-204, NOT TO EXCEED ____ PERCENT OF THE ANNUAL INCOME

12 TO THE FUND.

13 (2) T HE DEPARTMENT SHALL USE THE REMAINING MONEYS IN THE

14 FUND AS FOLLOWS: <{(a) and (b) are essentially identical to 24-32-114

15 (1) (a) and (1) (b); the ratio was adjusted to account for the earlier

16 allocation to the processor and end user fund}>

17 (a) U P TO TWO-THIRDS MAY BE EXPENDED TO PROVIDE GRANTS TO

18 COUNTIES AND MUNICIPALITIES FOR THE DISPOSAL, RECYCLING, OR REUSE

19 OF ILLEGALLY DUMPED OR STORED WASTE TIRES AT A WASTE TIRE

20 FACILITY AND ALLOW FOR PARTIAL REIMBURSEMENT TO PROCESSORS AND

21 END USERS UP TO A MAXIMUM OF FIFTY DOLLARS FOR EACH TON OF RAW

22 WASTE TIRES THAT ARE PROCESSED OR USED AND THAT ARE LOCATED AT

23 A WASTE TIRE FACILITY;

24 (b) (I) U P TO ONE-THIRD MAY BE EXPENDED TO PROVIDE FOR TIRE

25 REUSE OR RECYCLING INCENTIVES IN PUBLIC PROJECTS FOR PRODUCTS

26 THAT CONTAIN OR MAKE USE OF RECYCLED, RECAPPED, AND OTHER

27 PREVIOUSLY USED WASTE TIRES, INCLUDING TIRE- DERIVED PRODUCTS.

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1 T HE DEPARTMENT SHALL DETERMINE HOW MONEYS FOR SUCH INCENTIVES

2 SHALL BE DISTRIBUTED AMONG PROJECTS. A NY STATE AGENCY IS

3 AUTHORIZED TO EXPEND TIRE REUSE OR RECYCLING INCENTIVE MONEYS

4 DISTRIBUTED PURSUANT TO THIS SECTION.

5 (II) T HE GENERAL ASSEMBLY HEREBY FINDS THAT THE PURPOSE OF

6 THE TIRE REUSE OR RECYCLING INCENTIVES UNDER THIS PARAGRAPH (b)

7 IS TO ENCOURAGE THE BENEFICIAL REUSE AND RECYCLING OF C OLORADO

8 WASTE TIRES AND IS NOT INTENDED TO USURP FUNCTIONS PROPERLY

9 PERFORMED BY THE PRIVATE SECTOR OR TO COMPETE UNFAIRLY WITH

10 PRIVATE BUSINESSES.

11 (III) F OR THE PURPOSE OF EXPENDING TIRE REUSE OR RECYCLING

12 INCENTIVES UNDER THIS PARAGRAPH (b), THE STATE PURCHASING

13 DIRECTOR AND ANY PURCHASING AGENT HAVE THE AUTHORITY TO

14 PURCHASE TIRE- DERIVED PRODUCTS UNLESS ANY OF THE FOLLOWING

15 CONDITIONS EXIST:

16 (A) T HE PRODUCT IS NOT AVAILABLE WITHIN A REASONABLE

17 PERIOD OF TIME;

18 (B) T HE PRODUCT FAILS TO MEET EXISTING PURCHASING RULES,

19 INCLUDING ANY APPLICABLE SPECIFICATIONS; OR

20 (C) T HE PRODUCT FAILS TO MEET FEDERAL OR STATE HEALTH OR

21 SAFETY STANDARDS AS SET FORTH IN THE CODE OF FEDERAL REGULATIONS

22 OR THE C OLORADO CODE OF REGULATIONS.

23 (3) A LL MONEYS ENCUMBERED BY J UNE 30 OF A FISCAL YEAR

24 SHALL ROLL FORWARD FOR EXPENDITURE IN THE FOLLOWING FISCAL YEAR.

25 (4) IN PROVIDING ASSISTANCE TO COUNTIES PURSUANT TO THIS

26 SECTION, THE DEPARTMENT SHALL GIVE PRIMARY CONSIDERATION TO THE

27 NUMBER OF ILLEGAL WASTE TIRE DUMPS OR STORAGE FACILITIES IN EACH

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1 COUNTY AND WHETHER FACILITIES ARE AVAILABLE TO RECYCLE SUCH

2 WASTE TIRES.

3 (5) (a) C OUNTIES AND MUNICIPALITIES RECEIVING GRANTS

4 PURSUANT TO THIS SECTION MAY USE SUCH GRANTS TO FUND THE

5 REMOVAL AND DISPOSAL OR RECYCLING OF WASTE TIRES WITH COUNTY OR

6 MUNICIPAL PERSONNEL OR MAY CONTRACT WITH PRIVATE ENTITIES, OTHER

7 LOCAL GOVERNMENTS, OR OTHER GOVERNMENTAL AGENCIES FOR SUCH

8 ACTIVITIES IF SUCH CONTRACTS ARE OTHERWISE IN ACCORDANCE WITH

9 LAW. T HE USE OF INMATE LABOR SHALL BE PURSUED WHENEVER

10 FEASIBLE, AT THE SOLE DISCRETION OF THE BOARD OF COUNTY

11 COMMISSIONERS OR THE GOVERNING BODY OF THE MUNICIPALITY.

12 (b) I N AWARDING CONTRACTS FOR SERVICES PURSUANT TO THIS

13 SECTION, A COUNTY OR MUNICIPALITY MAY GIVE PREFERENTIAL BIDDING

14 TREATMENT TO INDIVIDUALS OR ENTITIES THAT WILL RECYCLE, PURSUANT

15 TO RULES OF THE DEPARTMENT CONCERNING RECYCLING, AND REUSE,

16 RATHER THAN DISPOSE OF, THE WASTE TIRES.

17 (c) T HE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT

18 IT IS THE POLICY OF THIS STATE TO PURSUE PROPOSALS FOR RECYCLING

19 AND MAKING OTHER BENEFICIAL USE OF WASTE TIRES, IN LIEU OF STORAGE

20 OR LANDFILL DISPOSAL, WHENEVER FEASIBLE .

21 (6) (a) N O LATER THAN J ANUARY 1, 2011, AND BIENNIALLY

22 THEREAFTER, EACH COUNTY AND MUNICIPALITY IN THE STATE THAT HAS

23 RECEIVED FUNDS PURSUANT TO THIS SECTION SHALL SUBMIT A REPORT TO

24 THE DEPARTMENT CONCERNING:

25 (I) T HE QUANTITY, EXPRESSED IN WEIGHT OR AS A NUMBER, OF

26 TIRES REMOVED FROM ILLEGAL DUMPS OR STORAGE FACILITIES IN THE

27 COUNTY OR MUNICIPALITY AND DISPOSED OF AT APPROVED FACILITIES OR

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1 IN RECYCLING OR REUSE PROJECTS;

2 (II) T HE METHOD IN WHICH SUCH DISPOSAL WAS ACCOMPLISHED

3 AND THE METHOD OF RECYCLING OR REUSE, IF ANY; AND

4 (III) T HE QUANTITY OF WASTE TIRES IN THE COUNTY OR

5 MUNICIPALITY REMAINING TO BE LEGALLY DISPOSED OF OR RECYCLED IN

6 FUTURE YEARS.

7 (b) (I) T HE DEPARTMENT SHALL CREATE A PRIORITY ABATEMENT

8 LIST OF WASTE TIRE STORAGE OR DISPOSAL FACILITIES AND COORDINATE

9 THE LIST WITH THE TEN- YEAR MONOFILL TIRE LANDFILL ELIMINATION PLAN

10 REQUIRED BY SECTION 30-20-121 (4), C.R.S. A BATEMENT PROJECTS

11 SHALL BE RANKED BASED ON THE POTENTIAL ENVIRONMENTAL DAMAGE

12 OF THE INDIVIDUAL WASTE TIRE FACILITIES. T HE DEPARTMENT SHALL

13 PROVIDE AN ANNUAL UPDATE TO THE GENERAL ASSEMBLY OF THE

14 ABATEMENT PROJECTS.

15 (II) T HE DEPARTMENT, IN CONJUNCTION WITH INDUSTRY GROUPS,

16 SHALL:

17 (A) P ROVIDE EDUCATIONAL PROGRAMS TO COUNTIES REGARDING

18 THE USE OF TIRE- DERIVED PRODUCTS; AND

19 (B) C ONDUCT FEASIBILITY STUDIES, EITHER ITSELF OR THROUGH

20 A CONTRACTOR, AT THE REQUEST OF LOCAL GOVERNMENTS ON POTENTIAL

21 USES OF WASTE TIRES, INCLUDING AS SOIL ABSORPTION MEDIA,

22 LIGHTWEIGHT FILL USED IN ROADBEDS AND OTHER TYPES OF CIVIL

23 ENGINEERING PROJECTS, RUBBERIZED ASPHALT FOR ROAD CONSTRUCTION

24 PROJECTS, GEOSYNTHETIC LINED LANDFILLS, AND AS TIRE- DERIVED FUEL

25 AT ELECTRIC UTILITIES IN CONJUNCTION WITH BOTTOM ASH, EXISTING

26 P ORTLAND CEMENT PLANTS, AND COAL-FIRED BOILERS.

27 (7) T HE COMMISSION MAY PROMULGATE RULES TO IMPLEMENT

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1 THIS SECTION.

2 (8) (a) W HEN THE DEPARTMENT DETERMINES THAT ALL ILLEGAL

3 WASTE TIRE DUMPS AND STORAGE FACILITIES IN THE STATE HAVE BEEN

4 CLOSED AND THE TIRES HELD BY SUCH FACILITIES HAVE BEEN DISPOSED OF

5 OR RECYCLED AT A STATE- OR COUNTY-APPROVED STORAGE, DISPOSAL, OR

6 RECYCLING FACILITY, OR IN RECYCLING OR REUSE PROJECTS, THE

7 DEPARTMENT SHALL CERTIFY THAT FACT TO THE GENERAL ASSEMBLY.

8 S UCH CERTIFICATION SHALL BE FILED WITH THE SPEAKER OF THE HOUSE

9 OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE ON BEHALF OF

10 THE GENERAL ASSEMBLY AND WITH THE DIRECTOR OF THE OFFICE OF

11 LEGISLATIVE LEGAL SERVICES.

12 (b) T HIS SECTION IS REPEALED, EFFECTIVE UPON RECEIPT BY THE

13 GENERAL ASSEMBLY OF THE CERTIFICATION DESCRIBED IN PARAGRAPH (a)

14 OF THIS SUBSECTION (8) OR EFFECTIVE J ULY 1, 2013, WHICHEVER OCCURS

15 FIRST.

16 25-17-202.8. Waste tire fire prevention fund. (1) T HERE IS

17 HEREBY CREATED IN THE STATE TREASURY THE WASTE TIRE FIRE

18 PREVENTION FUND, REFERRED TO IN THIS SECTION AS THE " FUND",

19 CONSISTING OF REVENUES CREDITED PURSUANT TO SECTION 25-17-202 (3)

20 (a) (III). A LL INTEREST OR ANY OTHER RETURN ON THE INVESTMENT OF

21 MONEYS IN THE FUND SHALL BE DEPOSITED IN THE FUND. A T THE END OF

22 EACH FISCAL YEAR, THE STATE TREASURER SHALL TRANSFER ALL

23 UNEXPENDED AND UNENCUMBERED MONEYS IN THE FUND TO THE

24 PROCESSORS AND END USERS FUND CREATED IN SECTION 25-17-202.5.

25 (2) T HE DEPARTMENT SHALL USE THE FUND FOR:

26 (a) E NFORCEMENT OF THE REQUIREMENTS OF THIS PART 2

27 ACCORDING TO SECTIONS 30-20-113 AND 30-20-114; AND

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1 (b) T RAINING THE STATE PATROL, SHERIFFS' OFFICES, AND LOCAL

2 DEPARTMENTS OF HEALTH TO ENFORCE WASTE TIRE DISPOSAL,

3 REGISTRATION, DECAL, AND MANIFEST REQUIREMENTS OF SECTIONS

4 25-17-204 TO 25-17-206, 30-20-121 (3), AND 30-20-1006, C.R.S.

5 25-17-202.9. Waste tire market development fund. (1) T HERE

6 IS HEREBY CREATED IN THE STATE TREASURY THE WASTE TIRE MARKET

7 DEVELOPMENT FUND, REFERRED TO IN THIS SECTION AS THE " FUND",

8 CONSISTING OF REVENUES CREDITED PURSUANT TO SECTION 25-17-202 (3)

9 (a) (IV). A LL INTEREST OR ANY OTHER RETURN ON THE INVESTMENT OF

10 MONEYS IN THE FUND SHALL BE DEPOSITED IN THE FUND. A T THE END OF

11 EACH FISCAL YEAR, THE STATE TREASURER SHALL TRANSFER ALL

12 UNEXPENDED AND UNENCUMBERED MONEYS IN THE FUND TO THE

13 PROCESSORS AND END USERS FUND CREATED IN SECTION 25-17-202.5.

14 (2) T HE DEPARTMENT SHALL USE THE FUND TO ENCOURAGE WASTE

15 TIRE MARKET DEVELOPMENT PURSUANT TO A MARKET DEVELOPMENT

16 PLAN DEVELOPED BY THE WASTE TIRE ADVISORY COMMITTEE CREATED IN

17 SECTION 25-17-208.

18 SECTION 9. The introductory portion to 25-17-204 (1), Colorado

19 Revised Statutes, is amended, and the said 25-17-204 (1) is further

20 amended BY THE ADDITION OF A NEW PARAGRAPH, to read:

21 25-17-204. Waste tire haulers - registration - rules - violations.

22 (1) No person shall for commercial purposes, transport A QUANTITY OF

23 waste tires IN EXCESS OF A LIMIT ESTABLISHED BY THE COMMISSION BY

24 RULE for storage or disposal to any location in this state:

25 (c) U NLESS THE PERSON:

26 (I) H AS AFFIXED TO THE VEHICLE USED FOR SUCH

27 TRANSPORTATION A DECAL ACQUIRED FROM THE DEPARTMENT PURSUANT

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1 TO SECTION 25-17-205; AND

2 (II) C OMPLIES WITH THE MANIFEST REQUIREMENTS OF SECTION

3 25-17-205.

4 SECTION 10. 25-17-204 (2) and (3) (a), Colorado Revised

5 Statutes, are amended to read:

6 25-17-204. Waste tire haulers - registration - rules - violations.

7 (2) Nothing in this section shall prohibit a person from transporting a

8 waste tire A QUANTITY OF WASTE TIRES THAT IS NOT IN EXCESS OF A LIMIT

9 ESTABLISHED BY THE COMMISSION BY RULE DURING ANY ONE TRIP to a

10 beneficial user, a waste tire recycling facility, or a facility that possesses

11 a valid air quality permit if the permit allows for an approved beneficial

12 use of the waste tires and the facility is not used to store waste tires for

13 more than a ninety-day period NINETY DAYS prior to any beneficial use.

14 N O PERSON SHALL TRANSPORT A QUANTITY OF WASTE TIRES IN EXCESS OF

15 THE LIMIT ESTABLISHED BY THE COMMISSION BY RULE DURING ANY ONE

16 TRIP UNLESS THE PERSON IS REGISTERED PURSUANT TO THIS SECTION.

17 (3) The solid and hazardous waste commission shall promulgate

18 rules to implement this section, including:

19 (a) Requirements that persons who transport A CERTAIN NUMBER

20 OR MORE OF waste tires for storage or disposal:

21 (I) Create and maintain records, INCLUDING THE MANIFEST

22 REQUIRED BY SECTION 25-17-205 (2), relating to such transportation and

23 report to the department; of public health and environment;

24 (II) Register with the department of public health and environment

25 and annually provide a copy of the currently valid registration to each

26 retailer of motor vehicle tires from whom the person accepts for

27 commercial purposes a waste tire and FOR HAULING;

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1 (III) Post a bond in a form and an amount set by the solid and

2 hazardous waste commission, not to exceed ten thousand dollars; AND

3 (IV) A FFIX A DECAL REQUIRED PURSUANT TO SECTION 25-17-205

4 (1) ON EACH VEHICLE USED TO TRANSPORT WASTE TIRES.

5 SECTION 11. Part 2 of article 17 of title 25, Colorado Revised

6 Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW

7 SECTIONS to read:

8 25-17-205. Decals - manifests. (1) Decals. (a) O N AND AFTER

9 A DATE SPECIFIED BY RULE PROMULGATED PURSUANT TO SECTION

10 25-17-207 (2), NO PERSON SHALL STORE A QUANTITY OF WASTE TIRES IN

11 EXCESS OF A LIMIT ESTABLISHED BY THE COMMISSION IN C OLORADO FOR

12 ANY PURPOSE UNLESS:

13 (I) T HE DEPARTMENT HAS ISSUED TO THE PERSON A DECAL

14 PURSUANT TO THIS SECTION; AND

15 (II) T HE PERSON HAS, PURSUANT TO RULES PROMULGATED

16 PURSUANT TO SECTION 25-17-207 (2), AFFIXED THE DECAL TO A UNIFORM

17 LOCATION AT THE ADDRESS USED TO STORE THE WASTE TIRES.

18 (b) O N AND AFTER A DATE SPECIFIED BY RULE PROMULGATED

19 PURSUANT TO SECTION 25-17-207 (2), NO PERSON SHALL TRANSPORT A

20 QUANTITY OF WASTE TIRES IN EXCESS OF A LIMIT ESTABLISHED BY THE

21 COMMISSION IN C OLORADO UNLESS:

22 (I) T HE DEPARTMENT HAS ISSUED TO THE PERSON A DECAL

23 PURSUANT TO THIS SECTION; AND

24 (II) T HE PERSON HAS, PURSUANT TO RULES PROMULGATED

25 PURSUANT TO SECTION 25-17-207 (2), AFFIXED THE DECAL TO THE

26 VEHICLE USED TO TRANSPORT WASTE TIRES AT A UNIFORM LOCATION.

27 (c) T HE DEPARTMENT SHALL ISSUE A DECAL TO A PERSON IF THE

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1 PERSON HAS SUBMITTED AN APPLICATION TO THE DEPARTMENT

2 CONTAINING ALL INFORMATION REQUIRED BY THE COMMISSION BY RULE

3 PROMULGATED PURSUANT TO SECTION 25-17-207 (2).

4 (d) D ECALS SHALL BE VALID FOR A PERIOD DETERMINED BY THE

5 COMMISSION BY RULE , NOT TO EXCEED FIVE YEARS. A DECAL ISSUED

6 PURSUANT TO THIS SECTION SHALL CONTAIN THE INFORMATION REQUIRED

7 BY RULE PROMULGATED PURSUANT TO SECTION 25-17-207 (2), INCLUDING

8 AT LEAST AN EXPIRATION DATE AND THE DECAL NUMBER.

9 (2) Manifests. (a) O N AND AFTER A DATE SPECIFIED BY RULE

10 PROMULGATED PURSUANT TO SECTION 25-17-207 (2), NO PERSON SHALL

11 ACCEPT FOR TRANSPORTATION A QUANTITY OF WASTE TIRES IN EXCESS OF

12 A LIMIT ESTABLISHED BY THE COMMISSION BY RULE UNLESS THE PERSON

13 HAS COMPLETELY FILLED OUT IN QUADRUPLICATE A UNIFORM MANIFEST

14 IN A FORM ESTABLISHED BY THE DEPARTMENT CONTAINING THE

15 INFORMATION SPECIFIED BY RULE PROMULGATED PURSUANT TO SECTION

16 25-17-207 (2), INCLUDING AT LEAST THE FOLLOWING:

17 (I) T HE MANIFEST NUMBER;

18 (II) T HE DECAL NUMBER OF THE VEHICLE USED TO TRANSPORT THE

19 TIRES;

20 (III) T HE PERSON'S SIGNATURE UNDER PENALTY OF PERJURY,

21 NAME, ADDRESS, AND TELEPHONE NUMBER;

22 (IV) T HE CURRENT DATE; THE WASTE TIRE FACILITY REGISTRATION

23 NUMBER , NAME, ADDRESS, AND TELEPHONE NUMBER OF THE SOURCE OF

24 THE TIRES; AND THE WASTE TIRE FACILITY REGISTRATION NUMBER, NAME,

25 ADDRESS, AND TELEPHONE NUMBER OF THE WASTE TIRE FACILITY TO

26 WHICH THE WASTE TIRES WILL BE TRANSPORTED; AND

27 (V) T HE NUMBER OR WEIGHT OF TIRES IN THE LOAD.

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1 (b) T HE PERSON SHALL RETAIN ONE COPY OF THE MANIFEST AND

2 SHALL PROVIDE ONE COPY OF THE MANIFEST TO:

3 (I) T HE SOURCE OF THE WASTE TIRE;

4 (II) T HE WASTE TIRE FACILITY TO WHICH THE WASTE TIRES ARE

5 TRANSPORTED; AND

6 (III) T HE DEPARTMENT.

7 (c) (I) T HE PERSON, THE SOURCE OF THE WASTE TIRE, AND THE

8 WASTE TIRE FACILITY TO WHICH THE WASTE TIRES ARE TRANSPORTED

9 SHALL EACH KEEP A COPY OF THE MANIFEST FOR AT LEAST THREE YEARS

10 AFTER THE DATE STATED ON THE MANIFEST.

11 (II) T HE DEPARTMENT MAY ENTER AND INSPECT THE FACILITY OF

12 ANY OF THE ENTITIES NAMED ON THE MANIFEST DURING NORMAL

13 WORKING HOURS AND MAY REQUEST A COPY OF THE MANIFEST. F AILURE

14 TO KEEP THE MANIFEST AS REQUIRED BY THIS PARAGRAPH (c) OR TO

15 PRODUCE THE MANIFEST UPON REQUEST BY THE DEPARTMENT OR THE

16 DEPARTMENT'S AGENT IS A VIOLATION OF THIS SECTION.

17 25-17-206. Registration of waste tire facilities - definitions.

18 (1) F OR PURPOSES OF THIS SECTION, UNLESS THE CONTEXT OTHERWISE

19 REQUIRES, " LOCAL FIRE AUTHORITY" MEANS EITHER:

20 (a) T HE CHIEF OF A FIRE DEPARTMENT, IF THE WASTE TIRE FACILITY

21 IS LOCATED IN A FIRE PROTECTION DISTRICT;

22 (b) T HE SHERIFF OF THE COUNTY IN WHICH THE WASTE TIRE

23 FACILITY IS LOCATED, ACTING AS FIRE WARDEN, IF THE FACILITY IS

24 LOCATED IN THE UNINCORPORATED PORTION OF A COUNTY AND IS NOT

25 LOCATED IN A FIRE PROTECTION DISTRICT; OR

26 (c) T HE GOVERNING BODY OF A MUNICIPALITY, IF THE WASTE TIRE

27 FACILITY IS LOCATED IN THE INCORPORATED PORTION OF A COUNTY AND

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1 IS NOT LOCATED IN A FIRE PROTECTION DISTRICT.

2 (2) O N AND AFTER A DATE SPECIFIED BY RULE PROMULGATED

3 PURSUANT TO SECTION 25-17-207 (2), NO PERSON SHALL CONSTRUCT OR

4 MAINTAIN A WASTE TIRE FACILITY UNLESS THE PERSON HAS REGISTERED

5 WITH THE DEPARTMENT AND PAID THE FEE ESTABLISHED BY THE

6 COMMISSION PURSUANT TO SECTION 25-17-207 (1).

7 (3) (a) O N AND AFTER A DATE SPECIFIED BY RULE PROMULGATED

8 PURSUANT TO SECTION 25-17-207 (2), A WASTE TIRE FACILITY SHALL HAVE

9 A FIRE PREVENTION, TRAINING, AND FIGHTING PROGRAM AS DETERMINED

10 BY THE COMMISSION BY RULE; EXCEPT THAT THIS SUBSECTION (3) SHALL

11 NOT APPLY TO A WASTE TIRE MONOFILL THAT IS OPERATING WITH AN

12 EXISTING CERTIFICATE OF DESIGNATION AND THAT IS IN COMPLIANCE WITH

13 ALL LOCAL, STATE, AND FEDERAL REGULATIONS AND LAWS ON THE

14 EFFECTIVE DATE OF THIS SECTION; EXCEPT THAT, UPON THE RENEWAL OF

15 OR RE- APPLICATION FOR A CERTIFICATE OF DESIGNATION BY A WASTE TIRE

16 MONOFILL, THE WASTE TIRE MONOFILL SHALL BE REQUIRED TO COMPLY

17 WITH THIS SUBSECTION (3). T HE LOCAL FIRE AUTHORITY AND THE

18 DIRECTOR OF THE DIVISION OF FIRE SAFETY IN THE DEPARTMENT OF PUBLIC

19 SAFETY SHALL REVIEW THE PROGRAM IN ACCORDANCE WITH RULES AND,

20 IF APPROPRIATE, RECOMMEND CHANGES NECESSARY TO APPROVE THE

21 PROGRAM.

22 (b) I F THE LOCAL FIRE AUTHORITY AND THE DIRECTOR APPROVE

23 THE PROGRAM, THEY SHALL CERTIFY THAT FACT TO THE DEPARTMENT. I F

24 THE LOCAL FIRE AUTHORITY AND THE DIRECTOR RECOMMEND CHANGES

25 NECESSARY TO APPROVE THE PROGRAM AND THE WASTE TIRE FACILITY

26 FAILS TO IMPLEMENT THE CHANGES, THEY SHALL CERTIFY THAT FACT TO

27 THE DEPARTMENT. T HE DEPARTMENT SHALL REVOKE THE REGISTRATION

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1 OF A WASTE TIRE FACILITY THAT DOES NOT HAVE AN APPROVED FIRE

2 PREVENTION, TRAINING, AND FIGHTING PROGRAM.

3 (4) (a) O N AND AFTER A DATE SPECIFIED BY RULE PROMULGATED

4 PURSUANT TO SECTION 25-17-207 (2), EACH WASTE TIRE MONOFILL AND

5 FACILITY OF AN END USER OR PROCESSOR SHALL:

6 (I) B Y AN ANNUAL DATE ESTABLISHED BY RULE, SUBMIT TO THE

7 DEPARTMENT A WASTE TIRE INVENTORY REDUCTION PLAN THAT COMPLIES

8 WITH RULES ESTABLISHED BY THE DEPARTMENT; AND

9 (II) C OMPLY WITH THE INVENTORY REDUCTION PLAN AS APPROVED

10 BY THE DEPARTMENT BY THE END OF THE FOLLOWING YEAR.

11 (b) O N AND AFTER A DATE SPECIFIED BY RULE PROMULGATED

12 PURSUANT TO SECTION 25-17-207 (2), DURING EACH CALENDAR YEAR:

13 (I) A PROCESSOR SHALL PROCESS INTO TIRE - DERIVED PRODUCT

14 ONE HUNDRED PERCENT OF THE AMOUNT, BY WEIGHT OR NUMBER, OF

15 WASTE TIRES THAT THE PROCESSOR ACCEPTED DURING THAT CALENDAR

16 YEAR.

17 (II) A N END USER SHALL CONVERT INTO AN END PRODUCT ONE

18 HUNDRED PERCENT OF THE AMOUNT BY WEIGHT OF TIRE- DERIVED

19 PRODUCT THAT THE END USER ACCEPTED DURING THAT CALENDAR YEAR.

20 (III) A WASTE TIRE MONOFILL SHALL ARRANGE FOR THE

21 PROCESSING INTO TIRE- DERIVED PRODUCT OF ONE HUNDRED PERCENT OF

22 THE AMOUNT, BY WEIGHT OR NUMBER, OF WASTE TIRES THAT THE WASTE

23 TIRE MONOFILL ACCEPTED DURING THAT CALENDAR YEAR.

24 (c) T HE DEPARTMENT SHALL REVOKE THE REGISTRATION OF A

25 WASTE TIRE FACILITY THAT VIOLATES THIS SUBSECTION (4).

26 (5) (a) E XCEPT AS SPECIFIED IN PARAGRAPH (b) OF THIS

27 SUBSECTION (5), ON AND AFTER A DATE SPECIFIED BY RULE PROMULGATED

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1 PURSUANT TO SECTION 25-17-207 (2), A WASTE TIRE FACILITY SHALL:

2 (I) H AVE AN OPERATIONS PLAN, INCLUDING SITE SECURITY

3 MEASURES THAT INCLUDE LOCKED GATES AND AT LEAST A SIX- FOOT FENCE

4 SURROUNDING THE FACILITY;

5 (II) H AVE AN EMERGENCY RESPONSE PLAN;

6 (III) H AVE A FACILITY CLOSURE PLAN;

7 (IV) P OST A BOND IN A FORM AND AMOUNT SET BY THE SOLID AND

8 HAZARDOUS WASTE COMMISSION, NOT TO EXCEED _____ DOLLARS, TO

9 COVER RECLAMATION OF THE FACILITY, USING ONE OR MORE OF THE

10 FOLLOWING FINANCIAL MECHANISMS TO FINANCIALLY ASSURE FULL

11 PAYMENT OF ALL CLOSURE , POST- CLOSURE, AND, IF APPLICABLE ,

12 CORRECTIVE ACTION ESTIMATED COSTS:

13 (A) T RUST FUND;

14 (B) L ETTER OF CREDIT;

15 (C) S URETY BOND;

16 (D) INSURANCE;

17 (E) C ORPORATE FINANCIAL TEST;

18 (F) L OCAL GOVERNMENT FINANCIAL TEST;

19 (G) C ORPORATE GUARANTEE;

20 (H) L OCAL GOVERNMENT GUARANTEE; OR

21 (I) O NE OF THE FOLLOWING STATE-APPROVED MECHANISMS:

22 C ERTIFICATE OF DEPOSIT; MULTIPLE FINANCIAL MECHANISMS; OR OTHER

23 METHODS AS APPROVED BY THE DEPARTMENT AND THE GOVERNING BODY

24 HAVING JURISDICTION; AND

25 (V) H AVE AN ADEQUATE WATER SUPPLY AVAILABLE FOR USE BY

26 THE LOCAL FIRE AUTHORITY IN THE EVENT OF A FIRE. O WNERS AND

27 OPERATORS OF WASTE TIRE FACILITIES MAY DEMONSTRATE COMPLIANCE

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1 WITH THIS REQUIREMENT THROUGH THE USE OF FIRE RETARDANT FOAM AS

2 APPROVED BY THE LOCAL FIRE AUTHORITY.

3 (b) T HE REQUIREMENTS OF PARAGRAPH (a) OF THIS SUBSECTION

4 (5):

5 (I) S HALL APPLY UNLESS THE LOCAL FIRE AUTHORITY DETERMINES

6 THAT A DIFFERENT REQUIREMENT IS NECESSARY OR ADEQUATE TO MEET

7 THE NEEDS OF FIRE CONTROL AND THE PROTECTION OF LIFE AND

8 PROPERTY.

9 (II) S HALL NOT APPLY TO A WASTE TIRE MONOFILL THAT IS

10 OPERATING WITH AN EXISTING CERTIFICATE OF DESIGNATION AND THAT IS

11 IN COMPLIANCE WITH ALL LOCAL, STATE, AND FEDERAL REGULATIONS AND

12 LAWS ON THE EFFECTIVE DATE OF THIS SECTION; EXCEPT THAT, UPON THE

13 RENEWAL OF OR RE-APPLICATION FOR A CERTIFICATE OF DESIGNATION BY

14 A WASTE TIRE MONOFILL, THE WASTE TIRE MONOFILL SHALL BE REQUIRED

15 TO COMPLY WITH PARAGRAPH (a) OF THIS SUBSECTION (5).

16 25-17-207. Fees - rules - penalties - enforcement - fund.

17 (1) T HE COMMISSION SHALL ESTABLISH BY RULE PROMULGATED

18 PURSUANT TO SUBSECTION (2) OF THIS SECTION FEES FOR DECALS,

19 MANIFESTS, AND REGISTRATIONS TO RECOUP ITS DIRECT AND INDIRECT

20 COSTS IN ADMINISTERING THIS PART 2. N O SINGLE FEE SHALL EXCEED FIVE

21 HUNDRED DOLLARS. A LL FEES SHALL BE TRANSFERRED TO THE STATE

22 TREASURER, WHO SHALL CREDIT THEM TO THE WASTE TIRE FUND CREATED

23 IN SECTION 25-17-209.

24 (2) T HE COMMISSION SHALL ADOPT RULES AS NECESSARY AND

25 CONVENIENT FOR THE ADMINISTRATION OF THIS PART 2.

26 (3) (a) E XCEPT AS OTHERWISE SPECIFIED IN THIS PART 2, A

27 VIOLATION OF THIS PART 2 SHALL BE PENALIZED AS SPECIFIED IN SECTIONS

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1 30-20-113 AND 30-20-114, C.R.S.

2 (b) IF A SECOND VIOLATION OF THIS PART 2 RELATES TO THE

3 TRANSPORTATION OF WASTE TIRES BY MOTOR VEHICLE, TWO POINTS SHALL

4 BE ASSESSED PURSUANT TO SECTION 42-2-127 (5) (ll) (I), C.R.S.

5 (c) IF A THIRD OR SUBSEQUENT VIOLATION OF THIS PART 2 RELATES

6 TO THE TRANSPORTATION OF WASTE TIRES BY MOTOR VEHICLE , FOUR

7 POINTS ASSESSED PURSUANT TO SECTION 42-2-127 (5) (ll) (II), C.R.S. T HE

8 DEPARTMENT SHALL CANCEL THE REGISTRATION OF A PERSON WHO

9 VIOLATES THIS PART 2 FOR A THIRD TIME.

10 (4) A PEACE OFFICER SHALL ENFORCE THE REQUIREMENTS OF THIS

11 PART 2.

12 (5) T HE DEPARTMENT SHALL DEVELOP AN ON - LINE COMPLAINT

13 FORM AND PROCESSES FOR LAW ENFORCEMENT, FIRE DEPARTMENTS, AND

14 CITIZENS TO REPORT POTENTIAL WASTE TIRE VIOLATIONS.

15 (6) T HERE IS HEREBY CREATED IN THE STATE TREASURY THE LAW

16 ENFORCEMENT GRANT FUND, CONSISTING OF THE FEE REVENUE CREDITED

17 PURSUANT TO SECTION 25-17-202 (3) (a) (V) AND ALL PENALTIES

18 ASSESSED PURSUANT TO THIS SECTION. A LL INTEREST OR ANY OTHER

19 RETURN ON THE INVESTMENTS SHALL BE PAID INTO THE FUND. A T THE

20 END OF EACH FISCAL YEAR, THE STATE TREASURER SHALL TRANSFER ALL

21 UNEXPENDED AND UNENCUMBERED MONEYS IN THE FUND TO THE

22 PROCESSORS AND END USERS FUND CREATED IN SECTION 25-17-202.5.

23 T HE DEPARTMENT SHALL USE THE FUND FOR GRANTS TO AND

24 EDUCATIONAL PROGRAMS FOR COUNTY SHERIFFS, THE STATE PATROL,

25 POLICE DEPARTMENTS, AND FIRE DEPARTMENTS FOR ENFORCEMENT,

26 TRAINING, AND OVERSIGHT OF WASTE TIRE FACILITIES.

27 25-17-208. Waste tire advisory committee. (1) T HERE IS

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1 HEREBY CREATED, UNDER THE SOLID AND HAZARDOUS WASTE

2 COMMISSION CREATED IN SECTION 25-15-302, A WASTE TIRE ADVISORY

3 COMMITTEE CONSISTING OF THE FOLLOWING NINE MEMBERS:

4 (a) T HE DIRECTOR OF THE SOLID AND HAZARDOUS WASTE

5 COMMISSION OR THE DIRECTOR'S DESIGNEE, WHO SHALL BE A NONVOTING

6 MEMBER; AND

7 (b) T HE FOLLOWING SIX MEMBERS APPOINTED BY THE GOVERNOR

8 WITH THE CONSENT OF THE SENATE:

9 (I) O NE MEMBER REPRESENTING SHERIFFS FROM COUNTIES THAT

10 HAVE A MAJOR WASTE TIRE FACILITY;

11 (II) O NE MEMBER REPRESENTING COUNTIES THAT DO NOT HAVE A

12 LARGE WASTE TIRE FACILITY;

13 (III) O NE MEMBER REPRESENTING PROCESSORS AND END USERS;

14 (IV) O NE MEMBER REPRESENTING TIRE MANUFACTURERS;

15 (V) O NE MEMBER REPRESENTING WASTE HAULERS AND WASTE

16 TIRE RECYCLERS; AND

17 (VI) O NE MEMBER REPRESENTING MAJOR WASTE TIRE FACILITIES

18 THAT HAVE AN APPROVED AND COMPLIANT RECYCLING OPERATION.

19 (c) O NE MEMBER APPOINTED BY THE SPEAKER OF THE HOUSE OF

20 REPRESENTATIVES; AND

21 (d) O NE MEMBER APPOINTED BY THE PRESIDENT OF THE SENATE.

22 (2) T HE ADVISORY COMMITTEE SHALL MEET ONCE PER QUARTER

23 FOR THE FIRST FOUR YEARS AFTER J ULY 1, 2010, TO PROVIDE INPUT AND

24 ASSESSMENT OF THE WASTE TIRE CLEANUP PROGRAM, PROPOSE NEW

25 RULES, AND RECOMMEND TO THE DEPARTMENT POTENTIAL RULES AND TO

26 THE GENERAL ASSEMBLY PROPOSED LEGISLATION TO EFFECTIVELY

27 MANAGE THE WASTE TIRE CLEANUP PROGRAM. T HE COMMITTEE SHALL

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1 DETERMINE THE FREQUENCY OF ITS MEETINGS AFTER J ULY 1, 2014. T HE

2 FOCUS FOR THE COMMITTEE IS TO:

3 (a) P ROTECT THE SAFETY AND WELFARE OF THE CITIZENS,

4 WILDLIFE, AND ENVIRONMENT ADJACENT TO WASTE TIRE FACILITIES;

5 (b) D EVELOP SOUND ENFORCEMENT PRACTICES AND RISK

6 MITIGATION PRACTICES TO PREVENT THE LOSS OF LIFE, PROPERTY, AND

7 THE ENVIRONMENT CAUSED BY WASTE TIRES;

8 (c) P REVENT THE ILLEGAL TRANSPORTATION AND DISPOSAL OF

9 WASTE TIRES;

10 (d) D EVELOP MARKETS FOR TIRE-DERIVED PRODUCTS; AND

11 (e) P ROVIDE A LONG-TERM PLAN TO REDUCE WASTE TIRE

12 STOCKPILES AND A WASTE TIRE MARKET DEVELOPMENT PLAN.

13 (3) T HE ADVISORY COMMITTEE SHALL HAVE A CHAIR AND

14 VICE- CHAIR AND SHALL REPORT TO THE COMMISSION, ON AN ANNUAL

15 BASIS, CONCERNING THE PROGRESS OF THE WASTE TIRE CLEANUP

16 PROGRAM . T HE ADVISORY COMMITTEE SHALL TRACK THE VIOLATIONS

17 ALLEGED PURSUANT TO SECTION 25-17-207 (5) AND REPORT A SUMMARY

18 OF THE COMPLAINTS IN THE ANNUAL REPORT TO THE COMMISSION.

19 25-17-209. Waste tire fund. A LL FEES COLLECTED PURSUANT TO

20 THIS PART 2, OTHER THAN FEES COLLECTED PURSUANT TO SECTION

21 25-17-202, SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO

22 SHALL CREDIT THEM TO THE WASTE TIRE FUND, WHICH FUND IS HEREBY

23 CREATED IN THE STATE TREASURY. E XCEPT AS SPECIFIED IN SECTION

24 25-17-202.6 (1), THE FUND SHALL BE USED FOR THE DEPARTMENT'S DIRECT

25 AND INDIRECT COSTS IN ADMINISTERING THIS PART 2, INCLUDING PER DIEM

26 EXPENSES FOR THE ADVISORY COMMITTEE CREATED IN SECTION

27 25-17-208.

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1 SECTION 12. 39-26-706, Colorado Revised Statutes, is amended

2 BY THE ADDITION OF A NEW SUBSECTION to read:

3 39-26-706. Miscellaneous sales and use tax exemptions -

4 cigarettes - internet access - refractory materials - precious metal

5 bullion and coins - waste tires. (5) T HE COLLECTION OF THE WASTE

6 TIRE FEE PURSUANT TO SECTION 25-17-202, C.R.S., IS EXEMPT FROM

7 TAXATION UNDER PART 1 OF THIS ARTICLE.

8 SECTION 13. 42-2-127 (5), Colorado Revised Statutes, is

9 amended BY THE ADDITION OF A NEW PARAGRAPH to read:

10 42-2-127. Authority to suspend license - to deny license - type

11 of conviction - points. (5) Point system schedule:

12 Type of conviction Points

13 (ll) (I) A VIOLATION SPECIFIED IN SECTION 25-17-207 (3) (b),

14 C.R.S.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

15 (II) A VIOLATION SPECIFIED IN SECTION 25-17-207 (3) (c), C.R.S.

16 ........................................................ 4

17 SECTION 14. 43-2-402 (5), Colorado Revised Statutes, is

18 amended to read:

19 43-2-402. Noise mitigation measures. (5) (a) The department

20 shall construct noise mitigation measures on the list of approved measures

21 for which a local government has agreed to provide no less than fifty

22 percent of the necessary moneys in the order of priority established

23 pursuant to subsection (4) of this section, using moneys provided by local

24 governments and any moneys distributed to the department by the director

25 of the division of local government in the department of local affairs

26 PUBLIC HEALTH AND ENVIRONMENT pursuant to section 24-32-114 (1) (b),

27 C.R.S. PART 2 OF ARTICLE 17 OF TITLE 25, C.R.S.

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1 (b) After the construction of noise mitigation measures in

2 accordance with paragraph (a) of this subsection (5), the department shall

3 use any moneys provided by local governments or distributed to the

4 department pursuant to section 24-32-114 (1) (b), C.R.S., PART 2 OF

5 ARTICLE 17 OF TITLE 25, C.R.S., to construct other noise mitigation

6 measures on the list of approved measures in the order of priority

7 established pursuant to subsection (4) of this section.

8 (c) If a noise mitigation measure on the list of approved measures

9 is not constructed in a state fiscal year, the applicant may submit an

10 application for the noise mitigation measure for the next state fiscal year.

11 SECTION 15. Act subject to petition - effective date -

12 applicability. (1) This act shall take effect at 12:01 a.m. on the day

13 following the expiration of the ninety-day period after final adjournment

14 of the general assembly (August 11, 2010, if adjournment sine die is on

15 May 12, 2010); except that, if a referendum petition is filed pursuant to

16 section 1 (3) of article V of the state constitution against this act or an

17 item, section, or part of this act within such period, then the act, item,

18 section, or part shall not take effect unless approved by the people at the

19 general election to be held in November 2010 and shall take effect on the

20 date of the official declaration of the vote thereon by the governor. <{do

21 you want a safety clause or a specified effective date?}>

22 (2) The provisions of this act shall apply to conduct occurring on

23 or after the applicable effective date of this act.

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