A Bill for an Act
Page 1, Line 101Concerning money collected by the state in relation to
Page 1, Line 102petroleum products.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill:
- Authorizes the use of money in the petroleum storage tank fund for costs related to relocation or redevelopment of the division of oil and public safety's petroleum laboratory;
- Allows the division of oil and public safety to impose a civil penalty of not more than $5,000 for a violation of a fuel quality standard for reformulated gasoline; and
- Reduces the current maximum civil penalty amount for a violation of certain record-keeping requirements by a person that owns or operates a gasoline dispensing facility to $500 per violation.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 8-20.5-103, add (3)(h) and (3.3) as follows:
Page 2, Line 38-20.5-103. Petroleum storage tank fund - petroleum cleanup
Page 2, Line 4and redevelopment fund - creation - rules - repeal. (3) The money in
Page 2, Line 5the petroleum storage tank fund is continuously appropriated to the
Page 2, Line 6division of oil and public safety; except that the expenditure of money for
Page 2, Line 7the purposes specified in subsections (3)(b), (3)(f), and (3)(g) of this
Page 2, Line 8section is subject to annual appropriation by the general assembly. The fund shall be used for:
Page 2, Line 9(h) (I) Costs related to relocation or redevelopment of the division of oil and public safety's petroleum laboratory.
Page 2, Line 10(II) This subsection (3)(h) is repealed, effective July 1, 2030.
Page 2, Line 11(3.3) (a) The division of oil and public safety shall reserve
Page 2, Line 12money in the petroleum storage tank fund created in subsection
Page 2, Line 13(1) of this section to pay costs related to relocation or
Page 2, Line 14redevelopment of the division's petroleum laboratory pursuant to subsection (3)(h) of this section.
Page 2, Line 15(b) Money reserved in the petroleum storage tank fund in
Page 2, Line 16accordance with subsection (3.3)(a) of this section is not
Page 2, Line 17included in the available balance of the fund, as calculated pursuant to section 8-20-206.5 (1)(b).
Page 2, Line 18(c) This subsection (3.3) is repealed, effective July 1, 2030.
Page 3, Line 1SECTION 2. In Colorado Revised Statutes, 8-20-206.5, amend (4) introductory portion and (4)(a) as follows:
Page 3, Line 28-20-206.5. Environmental response surcharge - liquefied
Page 3, Line 3petroleum gas and natural gas inspection fund - perfluoroalkyl and
Page 3, Line 4polyfluoroalkyl substances cash fund - hazardous materials
Page 3, Line 5infrastructure cash fund - fuels impact reduction grant program - definitions - repeal. (4)
For the purposes ofPage 3, Line 6(a) (I) "Available fund balance" means the sum of the current year
Page 3, Line 7revenues and the previous fund balance minus the sum of the obligations
Page 3, Line 8approved by the petroleum storage tank committee pursuant to section
Page 3, Line 98-20.5-104 and the costs incurred by the division of oil and public safety for purposes of administering articles 20 and 20.5 of this
titlePage 3, Line 10(II) (A) "Available fund balance" does not include money
Page 3, Line 11reserved in the petroleum storage tank fund in accordance with
Page 3, Line 12section 8-20.5-103 (3.3) to pay costs related to relocation or
Page 3, Line 13redevelopment of the division of oil and public safety's petroleum laboratory.
Page 3, Line 14(B) This subsection (4)(a)(II) is repealed, effective July 1, 2030.
Page 3, Line 15SECTION 3. In Colorado Revised Statutes, 8-20-104, add (4)(c) as follows:
Page 3, Line 168-20-104. Enforcement of law - penalties - definitions.
Page 3, Line 17(4) (c) (I) Notwithstanding subsection (4)(a) of this section, when
Page 3, Line 18the federal environmental protection agency requires the sale
Page 3, Line 19of reformulated gasoline in a nonattainment area in the state,
Page 3, Line 20the director of the division of oil and public safety may impose
Page 3, Line 21a civil penalty not to exceed five thousand dollars per day for
Page 4, Line 1the retail distribution of reformulated gasoline that
Page 4, Line 2violates the applicable fuel quality specification. It is an
Page 4, Line 3affirmative defense that a retailer or licensed fuel distributor
Page 4, Line 4relied on a product transfer document that clearly demonstrates a compliant fuel specification.
Page 4, Line 5(II) As used in this subsection (4)(c), "nonattainment area" has the meaning set forth in section 24-38.5-116 (2)(h).
Page 4, Line 7SECTION 4. Act subject to petition - effective date -
Page 4, Line 8applicability. (1) This act takes effect at 12:01 a.m. on the day following
Page 4, Line 9the expiration of the ninety-day period after final adjournment of the
Page 4, Line 10general assembly; except that, if a referendum petition is filed pursuant
Page 4, Line 11to section 1 (3) of article V of the state constitution against this act or an
Page 4, Line 12item, section, or part of this act within such period, then the act, item,
Page 4, Line 13section, or part will not take effect unless approved by the people at the
Page 4, Line 14general election to be held in November 2026 and, in such case, will take
Page 4, Line 15effect on the date of the official declaration of the vote thereon by the governor.
Page 4, Line 16(2) This act applies to violations committed on or after the applicable effective date of this act.