Colorado § 30-20-1404 - Waste tire management enterprise fund - creation - rules.

§ 30-20-1404. Waste tire management enterprise fund - creation - rules.

(1) (a) There is created in the state treasury the waste tire management enterprise fund, referred to in this section as the "fund", consisting of the fee revenue credited pursuant to section 30-20-1403 (2.5)(a) and any other money appropriated or transferred to it. Money credited to the fund is continuously appropriated to the enterprise for the purposes set forth in this section and to pay the enterprise's reasonable and necessary operating expenses.

(b) The state treasurer shall credit all interest earned on the investment of money in the fund to the fund. Any unexpended and unencumbered money in the fund at the end of any fiscal year shall remain in the fund.

(2) The enterprise may, in consultation with the department, use the money in the fund for:

(a) Collecting the waste tire enterprise fee assessed in section 30-20-1403 (2.5)(a);

(b) to (e) Repealed.

(f) Hiring a contractor to clean up waste tires and tire-derived product that have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2) and funding a grant program to reimburse local governing authorities for cleaning up waste tires and tire-derived products that have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2);

(g) Financing one-time or occasional community cleanup events where waste tires are accepted for drop-off by persons not engaged in commercial or industrial activity and where, at the conclusion of the event, the waste tires are either picked up by a registered waste tire hauler or transported to a registered waste tire hauler or to any registered facility;

(h) Training and hiring contractors to provide training in the implementation of this part 14;

(i) to (n) Repealed.

(o) Encouraging waste tire market development;

(p) Repealed.

(q) The payment of any bonds issued pursuant to section 30-20-1403 (1.5)(b);

(r) Reimbursement of any contractors used for cleanup and remediation activities engaged in pursuant to subsections (2)(f) and (2)(g) of this section;

(s) The payment of per diem and the reimbursement of actual and necessary expenses for board members while on official enterprise business;

(t) Funding grants in accordance with the waste tire management grant program established in section 30-20-1418; and

(u) Any other activity necessary to implement section 30-20-1403, as determined by the board of directors.

(3) and (4) Repealed.

(5) (a) In providing assistance pursuant to this section, the enterprise shall give primary consideration to protection of public health and the environment.

(b) In awarding contracts for services pursuant to this section, the enterprise may give preferential bidding treatment to individuals or entities that will recycle, pursuant to rules of the department concerning recycling, and reuse, rather than dispose of, the waste tires.

(6) The enterprise shall, either itself or through a contractor, create a priority abatement list of illegal waste tire disposal sites.

(7) The enterprise, in coordination with the department and the department of transportation, shall systematically investigate and research the use of tire-derived aggregates in technically feasible and economically viable civil applications associated with the department of transportation's roadway mission. The department shall include any findings regarding tire-derived aggregates, as appropriate, in the department's annual report to the general assembly.

(8) Repealed.

Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1580, § 1, effective July 1. L. 2019: (1), IP(2), (2)(l), and (2)(m) amended and (2)(o) added, (SB 19-198), ch. 402, p. 3560, § 3, effective August 2. L. 2020: (8) added, (HB 20-1406), ch. 178, p. 814, § 18, effective June 29. L. 2022: (2)(m) repealed, (2)(o) amended, and (2)(p) added, (SB 22-170), ch. 470, p. 3435, § 1, effective June 8. L. 2024: (1), IP(2), (2)(a), (2)(o), (5), (6), and (7) amended and (2)(q) to (2)(u) added, (SB 24-123), ch. 444, p. 3102, § 4, effective July 1, 2025; (2)(b)(II), (2)(c)(II), (2)(d)(II), (2)(i)(II), (2)(j)(II), (2)(k)(II), (2)(l)(II), (2)(p)(III), (3)(b), (4)(c), and (8)(b) added by revision, (SB 24-123), ch.444, pp. 3102, 3111, §§ 4, 10.

Editor's note: (1) Subsection (2)(n)(II) provided for the repeal of paragraph (n), effective September 1, 2015. (See L. 2014, p. 1580.)

(2) Subsection (2)(e)(II) provided for the repeal of subsection (2)(e), effective September 1, 2017. (See L. 2014, p. 1580.)

(3) Subsections (2)(b)(II), (2)(c)(II), (2)(d)(II), (2)(i)(II), (2)(j)(II), (2)(k)(II), (2)(l)(II), (2)(p)(III), (3)(b), (4)(c), and (8)(b) provided for the repeal of subsections (2)(b), (2)(c), (2)(d), (2)(i), (2)(j), (2)(k), (2)(l), (2)(p), (3), (4), and (8), respectively, effective July 1, 2025. (See L. 2024, pp. 3102, 3111.)