Senate Bill 25-139 Introduced

A Bill for an Act

• Page 1, Line 101Concerning measures to reduce household costs in the state,

• Page 1, Line 102and, in connection therewith, authorizing the use of

• Page 1, Line 103nuclear energy as a clean energy resource and

• Page 1, Line 104repealing certain charges associated with groceries

• Page 1, Line 105or utilities.

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.)

Sections 1 through 3 of the bill include nuclear energy in the definitions of "clean energy" and "clean energy resource".

Sections 4 and 5 repeal the Colorado circular communities enterprise and user fees created in House Bill 24-1449, enacted in 2024, to replace the front range waste diversion enterprise and user fees created in Senate Bill 19-192, enacted in 2019.

Section 6 repeals the 10-cent paper carryout bag fee created in House Bill 21-1162, enacted in 2021.

Section 7 repeals the confinement standards for egg-laying hens whose eggs are sold in Colorado, which standards were created in House Bill 20-1343, enacted in 2020.

Section 8 repeals the authorization for counties and municipalities to collect special sales taxes on nicotine products, which authorization was created in House Bill 19-1033, enacted in 2019.

Section 9 repeals the energy assistance system benefit charge created in House Bill 21-1105, enacted in 2021.

Section 10 repeals the retail delivery fee created in Senate Bill 21-260, enacted in 2021.

Sections 11 through 45 make conforming amendments.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Legislative declaration. (1)  The general assembly finds and declares that:

• Page 2, Line 3(a)  Coloradans care about clean energy; to that end, nuclear energy:

• Page 2, Line 4(I)  Is currently the single largest source of carbon-free electricity

• Page 2, Line 5generation in the United States, generating about 50% of the country's carbon-free electricity;

• Page 2, Line 6(II)  Does not produce carbon dioxide, thus offsetting carbon emissions; and

• Page 2, Line 7(III)  Should, therefore, be included in the statutory definitions of "clean energy" and "clean energy resource";

• Page 2, Line 8(b)  By defining nuclear energy as clean energy and as a clean

• Page 2, Line 9energy resource, Colorado can continue to spearhead energy innovations that align with the state's goals of keeping energy affordable;

• Page 2, Line 10(c)  Nuclear power plants in the United States have an average

• Page 3, Line 1capacity factor that is greater than 90%. Capacity factor is the percentage

• Page 3, Line 2of time that an electricity-generating source is able to generate electricity at full design capacity.

• Page 3, Line 3(d)  Because nuclear energy has a capacity factor that is 2 to 3

• Page 3, Line 4times higher than wind energy and 4 to 5 times higher than solar energy,

• Page 3, Line 5it can provide clean, reliable baseload electricity to the electric grid.

• Page 3, Line 6Further, it can integrate well with weather-dependent and seasonally

• Page 3, Line 7variable wind and solar generation, mitigating the potential for brownouts and blackouts in Colorado.

• Page 3, Line 8(e)  Nuclear energy can be utilized in conjunction with existing

• Page 3, Line 9clean energy sources to lower energy costs for Coloradans and maintain a reliable source of electricity and a stable electric grid;

• Page 3, Line 10(f)  Colorado cannot rely on wind and solar renewable energy

• Page 3, Line 11alone to provide the clean, dispatchable, and reliable power required to

• Page 3, Line 12decarbonize the environment, fuel local economies, and provide high-quality and high-paying jobs to Colorado communities;

• Page 3, Line 13(g)  Adding nuclear energy to the definitions of "clean energy" and

• Page 3, Line 14"clean energy resource" will align Colorado's clean energy efforts with

• Page 3, Line 15federal efforts, help put nuclear energy on an equal footing with other

• Page 3, Line 16clean energy sources, and attract continued public and private funding for innovations in clean energy technology in Colorado;

• Page 3, Line 17(h)  The recognition of nuclear energy as a clean energy resource

• Page 3, Line 18at the federal level has led to increased federal funding through the

• Page 3, Line 19United States department of energy, as well as private funding throughout

• Page 3, Line 20the western world. This funding supports nuclear reactor design research and innovation that help address energy and climate challenges.

• Page 3, Line 21(i)  Increased nuclear research, innovation, and implementation can

• Page 4, Line 1provide high-quality and high-paying jobs in Colorado's local economies, as well as a much needed tax base for Colorado communities;

• Page 4, Line 2(j)  Switching to nuclear power can save consumers money

• Page 4, Line 3because nuclear power is significantly more cost-effective than using conventional energy sources, such as coal;

• Page 4, Line 4(k)  In the United States, generating electricity with coal costs

• Page 4, Line 5between $75.10 and $96.30 per megawatt-hour (MWh), while generating

• Page 4, Line 6electricity with nuclear power costs only $43.90 per MWh. These lower

• Page 4, Line 7production costs translate to reduced energy prices, ensuring long-term savings for consumers.

• Page 4, Line 8(l)  Therefore, to bring clean, reliable, cost-effective, and flexible

• Page 4, Line 9generation resources to Colorado and help the state meet its clean energy

• Page 4, Line 10goals, it is in the best interest of Colorado and its residents to add nuclear

• Page 4, Line 11energy to the statutory definitions of "clean energy" and "clean energy resource".

• Page 4, Line 12SECTION 2.  In Colorado Revised Statutes, 30-20-1202, amend (2) as follows:

• Page 4, Line 1330-20-1202.  Definitions. As used in this part 12, unless the context otherwise requires:

• Page 4, Line 14(2)  "Clean energy" means energy derived from biomass, as

• Page 4, Line 15defined in section 40-2-124 (1)(a)(I); C.R.S., geothermal energy; solar

• Page 4, Line 16energy; small hydroelectricity; nuclear energy; and wind energy, as

• Page 4, Line 17well as any hydrogen derived from any of the foregoing energy sources listed in this subsection (2).

• Page 4, Line 18SECTION 3.  In Colorado Revised Statutes, 40-2-125.5, amend (2)(b) as follows:

• Page 4, Line 1940-2-125.5.  Carbon dioxide emission reductions - goal to

• Page 5, Line 1eliminate by 2050 - legislative declaration - interim targets -

• Page 5, Line 2submission and approval of plans - definitions - cost recovery -

• Page 5, Line 3reports - rules. (2)  Definitions. As used in this section, unless the context otherwise requires:

• Page 5, Line 4(b) (I)  "Clean energy resource" means any electricity-generating

• Page 5, Line 5technology that generates or stores electricity without emitting carbon dioxide into the atmosphere.

• Page 5, Line 6(II)  Clean energy resources include, without limitation, "Clean energy resource" includes:

• Page 5, Line 7(A)  Eligible energy resources as defined in section 40-2-124 (1)(a); and

• Page 5, Line 8(B)  nuclear energy.

• Page 5, Line 9SECTION 4.  In Colorado Revised Statutes, repeal 25-16-104.5 (3.9).

• Page 5, Line 10SECTION 5.  In Colorado Revised Statutes, repeal 25-16.5-109.

• SECTION 6.  In Colorado Revised Statutes, repeal 25-17-505.

• Page 5, Line 11SECTION 7.  In Colorado Revised Statutes, repeal part 2 of article 21 of title 35.

• Page 5, Line 12SECTION 8.  In Colorado Revised Statutes, repeal 39-28-112.

• SECTION 9.  In Colorado Revised Statutes, repeal 40-8.7-105.5.

• Page 5, Line 13SECTION 10.  In Colorado Revised Statutes, repeal 43-4-218.

• Page 5, Line 14SECTION 11.  In Colorado Revised Statutes, 24-38.5-301,

• Page 5, Line 15amend (1) introductory portion, (2)(a), (2)(c) introductory portion,

• Page 5, Line 16(2)(c)(I), and (2)(c)(V); and repeal (1)(a), (1)(b), (1)(c), (1)(d), (2)(d), (2)(e), and (2)(f) as follows:

• Page 5, Line 1724-38.5-301.  Legislative declaration. (1)  The general assembly

• Page 5, Line 18hereby finds and declares that:

• Page 6, Line 1(a)  Retail deliveries are increasing and are expected to continue to increase in urban and rural communities;

• Page 6, Line 2(b)  The motor vehicles used to make retail deliveries are some of

• Page 6, Line 3the most polluting vehicles on the road, which has resulted in additional

• Page 6, Line 4and increasing air and greenhouse gas pollution at the local community level from idling delivery vehicles in neighborhoods;

• Page 6, Line 5(c)  The adverse environmental and health impacts of increased

• Page 6, Line 6local emissions from motor vehicles used to make retail deliveries can be

• Page 6, Line 7mitigated and offset by investing in the charging and fueling

• Page 6, Line 8infrastructure needed to support widespread public adoption of electric

• Page 6, Line 9motor vehicles and zero emission vehicles and by replacing the state's dirtiest passenger vehicles with zero emission vehicles;

• Page 6, Line 10(d)  Instead of reducing the impacts of retail deliveries by limiting

• Page 6, Line 11retail delivery activity through regulation, it is more appropriate to

• Page 6, Line 12continue to allow persons who receive retail deliveries to benefit from the

• Page 6, Line 13convenience afforded by unfettered retail deliveries and instead impose

• Page 6, Line 14a small fee on each retail delivery and use fee revenue to fund necessary mitigation activities;

• Page 6, Line 15(2)  The general assembly further finds and declares that:

• Page 6, Line 16(a)  To incentivize, support, and accelerate the construction of

• Page 6, Line 17electric motor vehicle charging and fueling infrastructure in communities

• Page 6, Line 18throughout the state; incentivize, support, and accelerate the adoption of

• Page 6, Line 19electric motor vehicles by businesses, including transportation network

• Page 6, Line 20companies, governmental entities, and individuals; and thereby increase

• Page 6, Line 21access to electric motor vehicles, minimize and mitigate the

• Page 6, Line 22environmental and health impacts caused by transportation-related

• Page 6, Line 23emissions of air pollutants and greenhouse gases, and allow the state and

• Page 7, Line 1its citizens to reap the environmental, health, business and governmental

• Page 7, Line 2operational efficiency, and personal motor vehicle total ownership cost

• Page 7, Line 3savings benefits of widespread adoption of electric motor vehicles, it is

• Page 7, Line 4necessary, appropriate, and in the best interest of the state to create a

• Page 7, Line 5community access enterprise that can provide specialized business

• Page 7, Line 6services, including impact remediation services, that help communities,

• Page 7, Line 7businesses, and governmental entities construct the electric motor vehicle

• Page 7, Line 8charging and fueling infrastructure needed to support widespread

• Page 7, Line 9adoption of electric motor vehicles, including light-duty, medium-duty,

• Page 7, Line 10and heavy-duty motor vehicles and motor vehicles used to make retail

• Page 7, Line 11deliveries, and thereby assuage range anxiety concerns, supply chain

• Page 7, Line 12disruption concerns, and any other concerns that currently disincentivize the widespread adoption of electric motor vehicles;

• Page 7, Line 13(c)  The enterprise provides impact remediation services when in

• Page 7, Line 14exchange for the payment of community access retail delivery fees by or

• Page 7, Line 15on behalf of purchasers of tangible personal property for retail delivery,

• Page 7, Line 16it acts to mitigate the impacts of residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions by:

• Page 7, Line 17(I)  Funding the construction of electric motor vehicle charging

• Page 7, Line 18infrastructure that supports the use of clean and quiet electric motor vehicles; including motor vehicles used to make retail deliveries;

• Page 7, Line 19(V)  Providing additional remediation services to offset impacts caused by fee payers as may be provided by law;

• Page 7, Line 20(d)  By providing remediation services as authorized by this

• Page 7, Line 21section, the enterprise provides a benefit to fee payers when it remediates

• Page 7, Line 22the impacts they cause and therefore operates as a business in accordance

• Page 7, Line 23with the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36;

• Page 8, Line 1(e)  Consistent with the determination of the Colorado supreme

• Page 8, Line 2court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo.

• Page 8, Line 31995), that the power to impose taxes is inconsistent with enterprise status

• Page 8, Line 4under section 20 of article X of the state constitution, it is the conclusion

• Page 8, Line 5of the general assembly that the revenue collected by the enterprise is

• Page 8, Line 6generated by fees, not taxes, because the community access retail delivery fee imposed by the enterprise as authorized by section 24-38.5-303 (7) is:

• Page 8, Line 7(I)  Imposed for the specific purpose of allowing the enterprise to

• Page 8, Line 8defray the costs of providing the remediation services specified in this

• Page 8, Line 9section, including mitigating impacts to air quality and greenhouse gas

• Page 8, Line 10emissions caused by the activities on which the fee is assessed, and

• Page 8, Line 11contributes to the implementation of the comprehensive regulatory

• Page 8, Line 12scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and

• Page 8, Line 13(II)  Collected at rates that are reasonably calculated based on the

• Page 8, Line 14impacts caused by fee payers and the cost of remediating those impacts; and

• Page 8, Line 15(f)  So long as the enterprise qualifies as an enterprise for purposes

• Page 8, Line 16of section 20 of article X of the state constitution, the revenue from the

• Page 8, Line 17community access retail delivery fee collected by the enterprise is not

• Page 8, Line 18state fiscal year spending, as defined in section 24-77-102 (17), or state

• Page 8, Line 19revenues, as defined in section 24-77-103.6 (6)(c), and does not count

• Page 8, Line 20against either the state fiscal year spending limit imposed by section 20

• Page 8, Line 21of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D).

• Page 8, Line 22SECTION 12.  In Colorado Revised Statutes, 24-38.5-302, repeal (11), (17), and (18) as follows:

• Page 9, Line 124-38.5-302.  Definitions. As used in this part 3, unless the context otherwise requires:

• Page 9, Line 2(11)  "Inflation" means the average annual percentage change in

• Page 9, Line 3the United States department of labor, bureau of labor statistics, consumer

• Page 9, Line 4price index for Denver-Aurora-Lakewood for all items and all urban

• Page 9, Line 5consumers, or its applicable predecessor or successor index, for the five

• Page 9, Line 6years ending on the last December 31 before the state fiscal year for

• Page 9, Line 7which an inflation adjustment to be made to the community access retail delivery fee imposed pursuant to section 24-38.5-303 (7) begins.

• Page 9, Line 8(17)  "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e).

• Page 9, Line 9(18)  "Retailer" has the same meaning as set forth in section 39-26-102 (8).

• Page 9, Line 10SECTION 13.  In Colorado Revised Statutes, 24-38.5-303, amend (5)(a) and (6)(f); and repeal (3)(a), (6)(g), and (7) as follows:

• Page 9, Line 1124-38.5-303.  Community access enterprise - creation - board

• Page 9, Line 12- powers and duties - fund - transparency and reporting. (3)  The

• Page 9, Line 13business purpose of the enterprise is to support the widespread adoption

• Page 9, Line 14of electric motor vehicles, including motor vehicles that originally were

• Page 9, Line 15powered exclusively by internal combustion engines but have been

• Page 9, Line 16converted into electric motor vehicles, in an equitable manner by directly

• Page 9, Line 17investing in transportation infrastructure, making grants or providing

• Page 9, Line 18rebates or other financing options to fund the construction of electric

• Page 9, Line 19motor vehicle charging infrastructure throughout the state, and

• Page 9, Line 20incentivizing the acquisition and use of electric motor vehicles and

• Page 9, Line 21electric alternatives to motor vehicles in communities, including but not

• Page 10, Line 1limited to disproportionately impacted communities, and by owners of

• Page 10, Line 2older, less fuel efficient, and higher polluting vehicles. To allow the

• Page 10, Line 3enterprise to accomplish this business purpose and fully exercise its powers and duties through the board, the enterprise may:

• Page 10, Line 4(a)  Impose a community access retail delivery fee as authorized by subsection (7) of this section;

• Page 10, Line 5(5) (a)  The community access enterprise fund is hereby created in

• Page 10, Line 6the state treasury. The fund consists of community access retail delivery

• Page 10, Line 7fee revenue credited to the fund pursuant to subsection (7) of this section,

• Page 10, Line 8any monetary gifts, grants, donations, or other payments received by the

• Page 10, Line 9enterprise, any federal money that may be credited to the fund, and any

• Page 10, Line 10other money that the general assembly may appropriate or transfer to the

• Page 10, Line 11fund. The state treasurer shall credit all interest and income derived from

• Page 10, Line 12the deposit and investment of money in the fund to the fund. Money in the

• Page 10, Line 13fund is continuously appropriated to the enterprise and may be expended

• Page 10, Line 14to provide grants and rebates, pay its reasonable and necessary operating

• Page 10, Line 15expenses, including the repayment of any loan received pursuant to

• Page 10, Line 16subsection (5)(b) of this section, and otherwise exercise its powers and perform its duties as authorized by this part 3.

• Page 10, Line 17(6)  In addition to any other powers and duties specified in this section, the board has the following general powers and duties:

• Page 10, Line 18(f)  To publish grant and similar program processes by which the

• Page 10, Line 19enterprise accepts applications, the criteria used for evaluating

• Page 10, Line 20applications, and a list of grantees pursuant to subsection (8) of this section; and

• Page 10, Line 21(g)  To promulgate rules for the sole purpose of setting the amount

• Page 10, Line 22of the community access retail delivery fee at or below the maximum amount authorized in this section; and

• Page 11, Line 1(7) (a)  In furtherance of its business purpose, beginning in state

• Page 11, Line 2fiscal year 2022-23, the enterprise shall impose, and the department of

• Page 11, Line 3revenue shall collect on behalf of the enterprise, a community access

• Page 11, Line 4retail delivery fee on each retail delivery. Each retailer who makes a retail

• Page 11, Line 5delivery shall either collect and remit or elect to pay the community

• Page 11, Line 6access retail delivery fee in the manner prescribed by the department in

• Page 11, Line 7accordance with section 43-4-218 (6). For the purpose of minimizing

• Page 11, Line 8compliance costs for retailers and administrative costs for the state, the

• Page 11, Line 9department of revenue shall collect and administer the community access

• Page 11, Line 10retail delivery fee on behalf of the enterprise in the same manner in which

• Page 11, Line 11it collects and administers the retail delivery fee imposed by section 43-4-218 (3).

• Page 11, Line 12(b)  For retail deliveries of tangible personal property purchased

• Page 11, Line 13during state fiscal year 2022-23, the enterprise shall impose the

• Page 11, Line 14community access retail delivery fee in a maximum amount of six and nine-tenths cents.

• Page 11, Line 15(c) (I)  Except as otherwise provided in subsection (7)(c)(II) of this

• Page 11, Line 16section, for retail deliveries of tangible personal property purchased

• Page 11, Line 17during state fiscal year 2023-24 or during any subsequent state fiscal year,

• Page 11, Line 18the enterprise shall impose the community access retail delivery fee in a

• Page 11, Line 19maximum amount that is the maximum amount for the prior state fiscal

• Page 11, Line 20year adjusted for inflation. The enterprise shall notify the department of

• Page 11, Line 21revenue of the amount of the community access retail delivery fee to be

• Page 11, Line 22collected for retail deliveries of tangible personal property purchased

• Page 11, Line 23during each state fiscal year no later than March 15 of the calendar year

• Page 11, Line 24in which the state fiscal year begins, and the department of revenue shall

• Page 12, Line 1publish the amount no later than April15 of the calendar year in which the state fiscal year begins.

• Page 12, Line 2(II)  The enterprise is authorized to adjust the amount of the

• Page 12, Line 3community access retail delivery fee for retail deliveries of tangible

• Page 12, Line 4personal property purchased during a state fiscal year only if the

• Page 12, Line 5department of revenue adjusts the amount of the retail delivery fee

• Page 12, Line 6imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.

• Page 12, Line 7SECTION 14.  In Colorado Revised Statutes, 25-7.5-101, amend

• Page 12, Line 8(1) introductory portion, (1)(a), (1)(c), (1)(e) introductory portion, and (2)(e) introductory portion; and repeal (1)(d) as follows:

• Page 12, Line 925-7.5-101.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

• Page 12, Line 10(a)  An increasing number of fleet motor vehicles are on the road

• Page 12, Line 11to meet increasing demands for retail deliveries and rides arranged through transportation network companies;

• Page 12, Line 12(c)  The adverse environmental and health impacts of increased

• Page 12, Line 13emissions from fleet motor vehicles used to make retail deliveries and

• Page 12, Line 14provide rides arranged through transportation network companies can be

• Page 12, Line 15mitigated and offset by supporting the widespread adoption of electric motor vehicles for use in motor vehicle fleets;

• Page 12, Line 16(d)  Instead of reducing the impacts of retail deliveries and rides

• Page 12, Line 17arranged through transportation network companies by limiting retail

• Page 12, Line 18delivery and transportation network company ride activity through

• Page 12, Line 19regulation, it is more appropriate to continue to allow persons who

• Page 12, Line 20receive retail deliveries and benefit from the convenience afforded by

• Page 12, Line 21unfettered retail deliveries and to allow transportation network companies

• Page 13, Line 1that arrange prearranged rides to continue to provide that service without

• Page 13, Line 2undue restrictions and instead impose a small fee on each retail delivery and ride and use fee revenue to fund necessary mitigation activities; and

• Page 13, Line 3(e)  It is necessary, appropriate, and in the best interest of the state

• Page 13, Line 4and all Coloradans to incentivize and support the use of electric motor

• Page 13, Line 5vehicles and, to the extent temporarily necessitated by the limitations of

• Page 13, Line 6current electric motor vehicle technology and availability for certain fleet

• Page 13, Line 7uses, compressed natural gas motor vehicles that are fueled by recovered

• Page 13, Line 8methane and that produce fewer emissions than gasoline or diesel

• Page 13, Line 9powered motor vehicles, by businesses and governmental entities that use

• Page 13, Line 10fleets of motor vehicles, including fleets composed of personal motor

• Page 13, Line 11vehicles owned by individual contractors who that provide prearranged

• Page 13, Line 12rides for transportation network companies, or make retail deliveries, and

• Page 13, Line 13to enable the state to achieve its stated electric motor vehicle adoption

• Page 13, Line 14goals because increased usage of electric motor vehicles in motor vehicle fleets:

• Page 13, Line 15(2)  The general assembly further finds and declares that:

• Page 13, Line 16(e)  Consistent with the determination of the Colorado supreme

• Page 13, Line 17court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo.

• Page 13, Line 181995), that the power to impose taxes is inconsistent with enterprise status

• Page 13, Line 19under section 20 of article X of the state constitution, it is the conclusion

• Page 13, Line 20of the general assembly that the revenue collected by the enterprise is

• Page 13, Line 21generated by fees, not taxes, because the fees imposed by the enterprise as authorized by section 25-7.5-103 (7) and (8) are:

• Page 13, Line 22SECTION 15.  In Colorado Revised Statutes, 25-7.5-102, amend (13); and repeal (21) and (22) as follows:

• Page 13, Line 2325-7.5-102.  Definitions. As used in this article 7.5, unless the context otherwise requires:

• Page 14, Line 1(13)  "Inflation" means the average annual percentage change in

• Page 14, Line 2the United States department of labor, bureau of labor statistics, consumer

• Page 14, Line 3price index for Denver-Aurora-Lakewood for all items and all urban

• Page 14, Line 4consumers, or its applicable predecessor or successor index, for the five

• Page 14, Line 5years ending on the last December 31 before a state fiscal year for which

• Page 14, Line 6an inflation adjustment to be made to the clean fleet per ride fee imposed

• Page 14, Line 7by section 25-7.5-103 (7) or the clean fleet retail delivery fee imposed by section 25-7.5-103 (8) begins.

• Page 14, Line 8(21)  "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e).

• Page 14, Line 9(22)  "Retailer" has the same meaning as set forth in section 39-26-102 (8).

• Page 14, Line 10SECTION 16.  In Colorado Revised Statutes, 25-7.5-103, amend (3)(a), (5)(a), and (6)(h); and repeal (8) as follows:

• Page 14, Line 1125-7.5-103.  Clean fleet enterprise - creation - board - powers

• Page 14, Line 12and duties - fees - fund. (3)  The business purpose of the enterprise is to

• Page 14, Line 13incentivize and support the use of electric motor vehicles, including

• Page 14, Line 14motor vehicles that originally were powered exclusively by internal

• Page 14, Line 15combustion engines but have been converted into electric motor vehicles,

• Page 14, Line 16and, to the extent temporarily necessitated by the limitations of current

• Page 14, Line 17electric motor vehicle technology for certain fleet uses, compressed

• Page 14, Line 18natural gas motor vehicles that are fueled by recovered methane, by

• Page 14, Line 19businesses and governmental entities that own or operate fleets of motor

• Page 14, Line 20vehicles, including fleets composed of personal motor vehicles owned or

• Page 14, Line 21leased by individual contractors who provide prearranged rides for

• Page 14, Line 22transportation network companies or deliver goods for a third-party

• Page 15, Line 1delivery service. To allow the enterprise to accomplish this purpose and fully exercise its powers and duties through the board, the enterprise may:

• Page 15, Line 2(a)  Impose a clean fleet per ride fee and a clean fleet retail

• Page 15, Line 3delivery fee as authorized by subsections (7) and (8) subsection (7) of this section;

• Page 15, Line 4(5) (a)  The clean fleet enterprise fund is hereby created in the state

• Page 15, Line 5treasury. The fund consists of clean fleet per ride fee revenue and clean

• Page 15, Line 6fleet retail delivery fee revenue credited to the fund pursuant to

• Page 15, Line 7subsections (7) and (8) subsection (7) of this section, any monetary

• Page 15, Line 8gifts, grants, donations, or other payments received by the enterprise, any

• Page 15, Line 9federal money that may be credited to the fund, and any other money that

• Page 15, Line 10the general assembly may appropriate or transfer to the fund. The state

• Page 15, Line 11treasurer shall credit all interest and income derived from the deposit and

• Page 15, Line 12investment of money in the fund to the fund. Money in the fund is

• Page 15, Line 13continuously appropriated to the enterprise for the purposes set forth in

• Page 15, Line 14this article 7.5 and to pay the enterprise's reasonable and necessary

• Page 15, Line 15operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.

• Page 15, Line 16(6)  In addition to any other powers and duties specified in this section, the board has the following general powers and duties:

• Page 15, Line 17(h)  To promulgate adopt rules for the sole purpose of setting the

• Page 15, Line 18amounts amount of the clean fleet per ride fee and the clean fleet retail

• Page 15, Line 19delivery fee at or below the maximum amounts amount authorized in this section; and

• Page 15, Line 20(8) (a)  In furtherance of its business purpose, beginning in state

• Page 15, Line 21fiscal year 2022-23, the enterprise shall impose, and the department of

• Page 15, Line 22revenue shall collect on behalf of the enterprise, a clean fleet retail

• Page 16, Line 1delivery fee on each retail delivery. Each retailer who makes a retail

• Page 16, Line 2delivery shall either collect and remit or elect to pay the clean fleet retail

• Page 16, Line 3delivery fee in the manner prescribed by the department in accordance

• Page 16, Line 4with section 43-4-218 (6). For the purpose of minimizing compliance

• Page 16, Line 5costs for retailers and administrative costs for the state, the department of

• Page 16, Line 6revenue shall collect and administer the clean fleet retail delivery fee on

• Page 16, Line 7behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).

• Page 16, Line 8(b)  For retail deliveries of tangible personal property purchased

• Page 16, Line 9during state fiscal year 2022-23, the enterprise shall impose the clean fleet retail delivery fee in a maximum amount of five and three-tenths cents.

• Page 16, Line 10(c) (I)  Except as otherwise provided in subsection (8)(c)(II) of this

• Page 16, Line 11section, for retail deliveries of tangible personal property purchased

• Page 16, Line 12during state fiscal year 2023-24 or during any subsequent state fiscal year,

• Page 16, Line 13the enterprise shall impose the clean fleet retail delivery fee in a

• Page 16, Line 14maximum amount that is the maximum amount for the prior state fiscal

• Page 16, Line 15year adjusted for inflation. The enterprise shall notify the department of

• Page 16, Line 16revenue of the amount of the clean fleet retail delivery fee to be collected

• Page 16, Line 17for retail deliveries of tangible personal property purchased during each

• Page 16, Line 18state fiscal year no later than March 15 of the calendar year in which the

• Page 16, Line 19state fiscal year begins, and the department of revenue shall publish the

• Page 16, Line 20amount no later than April15 of the calendar year in which the state fiscal year begins.

• Page 16, Line 21(II)  The enterprise is authorized to adjust the amount of the clean

• Page 16, Line 22fleet retail delivery fee for retail deliveries of tangible personal property

• Page 16, Line 23purchased during a state fiscal year only if the department of revenue

• Page 16, Line 24adjusts the amount of the retail delivery fee imposed by section 43-4-218

• Page 17, Line 1(3) for retail deliveries of tangible personal property purchased during the state fiscal year.

• Page 17, Line 2SECTION 17.  In Colorado Revised Statutes, repeal 25-16.5-102 (2).

• Page 17, Line 3SECTION 18.  In Colorado Revised Statutes, repeal 25-16.5-103 (2).

• Page 17, Line 4SECTION 19.  In Colorado Revised Statutes, repeal 25-16.5-104 (4).

• Page 17, Line 5SECTION 20.  In Colorado Revised Statutes, repeal 25-16.5-105.

• SECTION 21.  In Colorado Revised Statutes, repeal 25-16.5-110.

• Page 17, Line 6SECTION 22.  In Colorado Revised Statutes, repeal 25-17-503 (8).

• Page 17, Line 7SECTION 23.  In Colorado Revised Statutes, 25-17-504, amend (1) introductory portion as follows:

• Page 17, Line 825-17-504.  Restrictions on use of single-use plastic carryout

• Page 17, Line 9bag - inventory exception. (1)  Subject to section 25-17-505 (1), on and

• Page 17, Line 10after January 1, 2024, A store or retail food establishment shall not

• Page 17, Line 11provide a single-use plastic carryout bag to a customer; except that a retail

• Page 17, Line 12food establishment need not comply with this section if the retail food establishment:

• Page 17, Line 13SECTION 24.  In Colorado Revised Statutes, 26-2-307, amend (2)(a); and repeal (1)(b)(V)(A) and (1)(f)(I) as follows:

• Page 17, Line 1426-2-307.  Fuel assistance payments - eligibility for federal

• Page 17, Line 15standard utility allowance - supplemental utility assistance fund

• Page 17, Line 16established - definitions - repeal. (1) (b) (V)  On or before April 1,

• Page 17, Line 172024, and on or before April 1 of each year thereafter, the state

• Page 17, Line 18department shall submit a budget to the organization and the commission

• Page 18, Line 1to include the state department's administrative costs to implement the

• Page 18, Line 2program, including the cost to issue payments to recipients' electronic

• Page 18, Line 3benefits transfer cards for payments made pursuant to subsection (1)(a)

• Page 18, Line 4of this section, and the projected number of eligible households that the

• Page 18, Line 5state department identifies as receiving SNAP benefits but that are not

• Page 18, Line 6receiving assistance under LEAP, including an estimated number of new

• Page 18, Line 7SNAP cases that the state department will approve during the upcoming

• Page 18, Line 8federal fiscal year. Based on the budget that the state department submits, the organization shall:

• Page 18, Line 9(A)  Calculate the amount of money from the energy assistance

• Page 18, Line 10system benefit charge collected pursuant to section 40-8.7-104 (2.5) that

• Page 18, Line 11it allocates as part of its budget prepared pursuant to section 40-8.7-108

• Page 18, Line 12(3) for use by the state department to make fuel assistance payments and to implement the program;

• Page 18, Line 13(f)  On or before October 1, 2022, the state department shall

• Page 18, Line 14submit a budget to the organization and the commission to cover the state

• Page 18, Line 15department's administrative costs to set up the program. Based on the budget that the state department submits, the organization shall:

• Page 18, Line 16(I)  Calculate the amount of money from the energy assistance

• Page 18, Line 17system benefit charge collected pursuant to section 40-8.7-104 (2.5) that

• Page 18, Line 18it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to set up the program; and

• Page 18, Line 19(2) (a)  The supplemental utility assistance fund, referred to in this

• Page 18, Line 20subsection (2) as the "fund", is hereby created in the state treasury. The

• Page 18, Line 21fund consists of money credited to the fund pursuant to section

• Page 18, Line 2240-8.7-108 (2)(b) and any other money that the general assembly may

• Page 18, Line 23appropriate or transfer to the fund.

• Page 19, Line 1SECTION 25.  In Colorado Revised Statutes, 39-21-119.5, amend (2)(s) and (2)(t); and repeal (2)(u) as follows:

• Page 19, Line 239-21-119.5.  Mandatory electronic filing of returns -

• Page 19, Line 3mandatory electronic payment - penalty - waiver - definitions.

• Page 19, Line 4(2)  Except as provided in subsection (6) of this section, the executive

• Page 19, Line 5director may, as specified in subsection (3) of this section, require the

• Page 19, Line 6electronic filing of returns and require the payment of any tax or fee due by electronic funds transfer for the following:

• Page 19, Line 7(s)  Any prepaid wireless 911 charge report required to be filed and payment required to be made pursuant to section 29-11-102.5 (3); and

• Page 19, Line 8(t)  Any prepaid wireless telecommunications relay service charge

• Page 19, Line 9report required to be filed and payment required to be made pursuant to section 29-11-102.7 (3). and

• Page 19, Line 10(u)  Any retail delivery fee or enterprise retail delivery fees return required to be filed pursuant to section 43-4-218 (6).

• Page 19, Line 11SECTION 26.  In Colorado Revised Statutes, 39-26-102, amend (7)(a) introductory portion as follows:

• Page 19, Line 1239-26-102.  Definitions. As used in this article 26, unless the context otherwise requires:

• Page 19, Line 13(7) (a)  "Purchase price" means the price to the consumer,

• Page 19, Line 14exclusive of any direct tax imposed by the federal government or by this

• Page 19, Line 15article 26, exclusive of any retail delivery fee and enterprise retail

• Page 19, Line 16delivery fees imposed or collected as specified in section 43-4-218, and,

• Page 19, Line 17in the case of all retail sales involving the exchange of property, also

• Page 19, Line 18exclusive of the fair market value of the property exchanged at the time and place of the exchange, if:

• Page 19, Line 19SECTION 27.  In Colorado Revised Statutes, repeal 39-28.5-109.

• Page 20, Line 1SECTION 28.  In Colorado Revised Statutes, amend 39-28.6-110 as follows:

• Page 20, Line 239-28.6-110.  Taxation by cities and towns. This article 28.6

• Page 20, Line 3does not prevent a statutory or home rule municipality, county, or city and

• Page 20, Line 4county from imposing, levying, and collecting any special sales tax upon

• Page 20, Line 5sales of cigarettes, tobacco products, or nicotine products, as that term is

• Page 20, Line 6defined in section 18-13-121 (5), or upon the occupation or privilege of

• Page 20, Line 7selling cigarettes, tobacco products, or nicotine products. This article 28.6

• Page 20, Line 8does not affect any existing authority of local governments to impose a

• Page 20, Line 9special sales tax on cigarettes, tobacco products, or nicotine products, in

• Page 20, Line 10accordance with section 39-28-112, to be used for local and governmental purposes.

• Page 20, Line 11SECTION 29.  In Colorado Revised Statutes, 39-37-103, repeal (15)(a)(IV) as follows:

• Page 20, Line 1239-37-103.  Definitions. As used in this article 37, unless the context otherwise requires:

• Page 20, Line 13(15) (a)  "Purchase price" means the aggregate consideration

• Page 20, Line 14valued in money paid or delivered or promised to be paid or delivered by the user or consumer in consummation of a sale, exclusive of:

• Page 20, Line 15(IV)  Any retail delivery fee and enterprise retail delivery fees imposed or collected as specified in section 43-4-218;

• Page 20, Line 16SECTION 30.  In Colorado Revised Statutes, repeal 40-8.5-103.5 (6)(c).

• Page 20, Line 17SECTION 31.  In Colorado Revised Statutes, repeal 40-8.7-103 (3.3).

• Page 20, Line 18SECTION 32.  In Colorado Revised Statutes, 40-8.7-104, amend

• Page 20, Line 19(1) and (3); and repeal (2.5) as follows:

• Page 21, Line 140-8.7-104.  Energy assistance program - creation - energy

• Page 21, Line 2assistance contribution. (1)  There is hereby created the low-income

• Page 21, Line 3energy assistance program to collect and disburse an optional energy

• Page 21, Line 4assistance contribution and an energy assistance system benefit charge made in Colorado in accordance with this article 8.7.

• Page 21, Line 5(2.5) (a)  Except as provided in subsections (2.5)(b) and (2.5)(c)

• Page 21, Line 6of this section, commencing with a customer's billing statement covering

• Page 21, Line 7electric or gas usage in the month of October 2021, every investor-owned

• Page 21, Line 8utility doing business in Colorado shall collect a monthly energy

• Page 21, Line 9assistance system benefit charge from each of its utility customers pursuant to section 40-8.7-105.5 (1).

• Page 21, Line 10(b) (I)  For each month that an investor-owned utility collects the

• Page 21, Line 11monthly energy assistance system benefit charge, the utility shall include

• Page 21, Line 12on its customers' billing statements a conspicuous notification in both

• Page 21, Line 13English and Spanish that substantially complies with the following language:

• Page 21, Line 14If you're struggling to pay your utility bills, you might

• Page 21, Line 15qualify for exemption from a monthly charge related to

• Page 21, Line 16energy assistance and be eligible for utility bill payment

• Page 21, Line 17assistance. Please call 1-866-HEAT-HELP to see if you qualify.

• Page 21, Line 18(II)  The organization shall notify each investor-owned utility of

• Page 21, Line 19any customer of the investor-owned utility who is exempted from

• Page 21, Line 20payment of the charge by virtue of having received direct utility bill payment assistance from the organization in the previous twelve months.

• Page 21, Line 21(III)  Each investor-owned utility shall review readily available

• Page 21, Line 22information it has received from the state department of human services

• Page 22, Line 1and the organization to determine which customers have received any

• Page 22, Line 2direct utility bill payment assistance from the state department or the

• Page 22, Line 3organization in the previous twelve months and, as a result, are eligible for exemption from payment of the charge.

• Page 22, Line 4(IV)  Upon receiving notification from the organization pursuant

• Page 22, Line 5to subsection (2.5)(b)(II) of this section or upon its own determination

• Page 22, Line 6that a customer is eligible for exemption from the charge, an

• Page 22, Line 7investor-owned utility shall remove the charge from the customer's monthly billing statements for the succeeding twelve months.

• Page 22, Line 8(c)  For each month that an investor-owned utility collects the

• Page 22, Line 9monthly energy assistance system benefit charge, the utility shall include

• Page 22, Line 10on its customers' billing statements within its explanation of charges a

• Page 22, Line 11phone number or e-mail address through which a customer may opt out of paying the monthly energy assistance system benefit charge.

• Page 22, Line 12(3)  Any reasonable costs that a utility incurs in connection with

• Page 22, Line 13the program, including the initial costs of setting up the collection

• Page 22, Line 14mechanism and reformatting its billing systems to solicit the optional

• Page 22, Line 15contribution, and to impose and collect the charge, shall be reimbursed

• Page 22, Line 16from the money collected for the program. The utility must submit a

• Page 22, Line 17calculation of the amount of money to be reimbursed to the public utilities

• Page 22, Line 18commission for its approval of prudently incurred costs. The reimbursed

• Page 22, Line 19amounts must be transmitted to the utilities before the remaining money is distributed to the organization.

• Page 22, Line 20SECTION 33.  In Colorado Revised Statutes, repeal 40-8.7-107 (1.5)(a) and (1.5)(b).

• Page 22, Line 21SECTION 34.  In Colorado Revised Statutes, 40-8.7-108, amend

• Page 22, Line 22(1), (2), (3)(a)(I), and (3)(b); and repeal (3)(a)(II) and (3)(a)(III) as follows:

• Page 23, Line 140-8.7-108.  Energy outreach Colorado - administration of

• Page 23, Line 2energy assistance contributions. (1)  The organization shall hold and

• Page 23, Line 3administer all money collected for energy assistance pursuant to this

• Page 23, Line 4article 8.7 delivered to it by the utilities pursuant to section 40-8.7-107 in

• Page 23, Line 5a separately identifiable account, which shall be restricted to the purposes

• Page 23, Line 6set forth in this article 8.7. The organization shall maintain its books and

• Page 23, Line 7records pertaining to the energy assistance contributions and the energy

• Page 23, Line 8assistance system benefit charge in accordance with generally accepted

• Page 23, Line 9accounting principles and, in addition, shall maintain records adequate to

• Page 23, Line 10identify the money collected by each utility. If the organization

• Page 23, Line 11commingles the money collected and delivered with other assets of the

• Page 23, Line 12organization for investment purposes, the organization shall maintain

• Page 23, Line 13accurate accounts of the investment money and shall credit or charge a

• Page 23, Line 14pro rata portion of all investment earnings, gains, or losses to the account

• Page 23, Line 15that holds the optional energy assistance collections. and energy assistance system benefit charges.

• Page 23, Line 16(2) (a)  Except as provided in subsection (2)(b) of this section, The

• Page 23, Line 17organization shall use the money collected from the optional energy

• Page 23, Line 18assistance contributions and the energy assistance system benefit charge

• Page 23, Line 19to provide low-income energy assistance and to improve energy

• Page 23, Line 20efficiency. The organization shall pay the financial assistance money to

• Page 23, Line 21each utility as vendor payments. The organization shall not use the money

• Page 23, Line 22for propane, gas, or electric assistance for customers whose propane, gas,

• Page 23, Line 23electric, or gas and electric companies or cooperative electric associations

• Page 23, Line 24do not participate in the program. The organization may use up to five

• Page 23, Line 25percent of the money collected for administration of the energy assistance

• Page 24, Line 1program in accordance with generally accepted accounting principles.

• Page 24, Line 2however, the organization shall not use any money collected from the

• Page 24, Line 3energy assistance system benefit charge to pay employee salaries or bonuses.

• Page 24, Line 4(b)  In accordance with the payment amounts reflected in the

• Page 24, Line 5organization's budget prepared pursuant to subsection (3)(b) of this

• Page 24, Line 6section and approved by the legislative commission on low-income

• Page 24, Line 7energy and water assistance pursuant to section 40-8.5-103.5 (6)(c), the

• Page 24, Line 8organization shall transmit a portion of the money collected from the

• Page 24, Line 9energy assistance system benefit charge to the state treasurer, and the state

• Page 24, Line 10treasurer shall credit that amount to the supplemental utility assistance

• Page 24, Line 11fund created in section 26-2-307 (2)(a) for use by the department of human services in accordance with section 26-2-307 (1).

• Page 24, Line 12(3) (a) (I)  Subject to the allocation requirements set forth in

• Page 24, Line 13subsections (3)(a)(II) and (3)(a)(III) of this section, The organization

• Page 24, Line 14shall, on an annual basis, develop a budget for the energy assistance

• Page 24, Line 15program to determine the allocation of the money collected from the

• Page 24, Line 16optional energy assistance contributions, and the energy assistance system

• Page 24, Line 17benefit charge, with not more than fifty percent of the total amount

• Page 24, Line 18allocated to direct utility bill payment assistance. To improve and increase

• Page 24, Line 19enrollment in the utility assistance programs, the budget must include an

• Page 24, Line 20allocation of at least two percent of the money collected from the charge

• Page 24, Line 21to be used to engage the assistance of community-based organizations

• Page 24, Line 22that are active in outreach to, engagement of, and education for

• Page 24, Line 23income-qualified communities, communities of color, and immigrant

• Page 24, Line 24communities to help provide outreach and education about the utility

• Page 24, Line 25assistance programs. The organization shall submit a copy of the budget to the Colorado energy office for its review.

• Page 25, Line 1(II)  Subject to subsection (3)(a)(IV) of this section, before the

• Page 25, Line 2organization begins allocating an amount of the money collected from the

• Page 25, Line 3energy assistance system benefit charge to be credited to the supplemental

• Page 25, Line 4utility assistance fund created in section 26-2-307 (2)(a), the organization,

• Page 25, Line 5after allocating at least two percent of the money collected to community outreach as described in subsection (3)(a)(I) of this section, shall:

• Page 25, Line 6(A)  If the projected amount collected in the federal fiscal year, as

• Page 25, Line 7determined by the organization by April 30, will not exceed ten million

• Page 25, Line 8dollars, allocate forty percent to the Colorado energy office created in

• Page 25, Line 9section 24-38.5-101 for its weatherization assistance program and retain

• Page 25, Line 10forty-five percent for the organization's energy assistance programs, with

• Page 25, Line 11the legislative commission on low-income energy and water assistance,

• Page 25, Line 12referred to in this subsection (3)(a) as the "legislative commission",

• Page 25, Line 13determining the allocation of the remaining money between the two

• Page 25, Line 14entities pursuant to its budget approval authority under section 40-8.5-103.5 (6)(c); and

• Page 25, Line 15(B)  If the projected amount collected in the federal fiscal year, as

• Page 25, Line 16determined by the organization by April 30, will exceed ten million

• Page 25, Line 17dollars, allocate forty-five percent to the Colorado energy office for its

• Page 25, Line 18weatherization assistance program and retain forty-five percent for the

• Page 25, Line 19organization's energy assistance programs, with the legislative

• Page 25, Line 20commission determining the allocation of the remaining money between the two entities pursuant to its budget approval authority.

• Page 25, Line 21(III)  Subject to subsection (3)(a)(IV) of this section, once the

• Page 25, Line 22organization begins allocating an amount of the money collected from the

• Page 25, Line 23energy assistance system benefit charge to be credited to the supplemental

• Page 26, Line 1utility assistance fund created in section 26-2-307 (2)(a), the organization,

• Page 26, Line 2after allocating money for the supplemental utility assistance fund and for

• Page 26, Line 3community outreach as described in subsection (3)(a)(I) of this section, shall:

• Page 26, Line 4(A)  If the projected amount collected in the federal fiscal year, as

• Page 26, Line 5determined by the organization by April 30, will not exceed ten million

• Page 26, Line 6dollars, allocate forty percent to the Colorado energy office for its

• Page 26, Line 7weatherization assistance program and retain forty-five percent for the

• Page 26, Line 8organization's energy assistance programs, with the legislative

• Page 26, Line 9commission determining the allocation of the remaining money between

• Page 26, Line 10the two entities pursuant to its budget approval authority under section 40-8.5-103.5 (6)(c); and

• Page 26, Line 11(B)  If the projected amount collected in the federal fiscal year, as

• Page 26, Line 12determined by the organization by April 30, will exceed ten million

• Page 26, Line 13dollars, allocate forty-five percent to the Colorado energy office for its

• Page 26, Line 14weatherization assistance program and retain forty-five percent for the

• Page 26, Line 15organization's energy assistance programs, with the legislative

• Page 26, Line 16commission determining the allocation of the remaining money between the two entities pursuant to its budget approval authority.

• Page 26, Line 17(b)  As part of the budget developed pursuant to subsection (3)(a)

• Page 26, Line 18of this section, the organization shall calculate the amount of money from

• Page 26, Line 19the energy assistance system benefit charge to transmit to the state

• Page 26, Line 20treasurer pursuant to subsection (2)(b) of this section and the amount of

• Page 26, Line 21the fuel assistance payments that the department of human services makes in accordance with section 26-2-307 (1).

• Page 26, Line 22SECTION 35.  In Colorado Revised Statutes, repeal 40-8.7-110

• Page 26, Line 23(1)(a)(II) and (4).

• Page 27, Line 1SECTION 36.  In Colorado Revised Statutes, repeal 43-4-205 (6.8)(b).

• Page 27, Line 2SECTION 37.  In Colorado Revised Statutes, 43-4-805, amend

• Page 27, Line 3(1) introductory portion, (1)(b)(II), (2)(b)(I), (2)(c), (3)(a), (5)(r)(I), and (5)(r)(III)(A); and repeal (5)(g.7) as follows:

• Page 27, Line 443-4-805.  Statewide bridge enterprise - creation - board -

• Page 27, Line 5funds - powers and duties - legislative declaration - definitions.(1)  The general assembly hereby finds and declares that:

• Page 27, Line 6(b)  Due to the limited availability of state and federal funding and

• Page 27, Line 7the need to accomplish the financing, repair, reconstruction, and

• Page 27, Line 8replacement of designated bridges; the completion of preventative

• Page 27, Line 9maintenance bridge projects; and the completion of tunnel projects as

• Page 27, Line 10promptly and efficiently as possible, it is necessary to create a statewide bridge and tunnel enterprise and to authorize the enterprise to:

• Page 27, Line 11(II)  Impose a bridge safety surcharge and a bridge and tunnel

• Page 27, Line 12impact fee and a bridge and tunnel retail delivery fee, at rates reasonably

• Page 27, Line 13calculated to defray the costs of completing designated bridge projects,

• Page 27, Line 14preventative maintenance bridge projects, and tunnel projects and

• Page 27, Line 15distribute the burden of defraying the costs in a manner based on the

• Page 27, Line 16benefits received by persons paying the fees and using designated bridges

• Page 27, Line 17and tunnels, and receiving retail deliveries receive and expend revenue

• Page 27, Line 18generated by the surcharge and fees and other money, issue revenue

• Page 27, Line 19bonds and other obligations, contract with the state, if required approvals

• Page 27, Line 20are obtained, to receive one or more loans of money received by the state

• Page 27, Line 21under the terms of one or more financed purchase of an asset or certificate

• Page 27, Line 22of participation agreements authorized by this part 8, expend revenue

• Page 27, Line 23generated by the surcharge to repay any such loan or loans received, and

• Page 28, Line 1exercise other powers necessary and appropriate to carry out its purposes; and

• Page 28, Line 2(2) (b)  The business purpose of the bridge enterprise is to finance,

• Page 28, Line 3repair, reconstruct, and replace any designated bridge in the state,

• Page 28, Line 4complete preventative maintenance bridge projects, and complete tunnel

• Page 28, Line 5projects and, as agreed upon by the enterprise and the commission, or the

• Page 28, Line 6department to the extent authorized by the commission, to maintain the

• Page 28, Line 7bridges it finances, repairs, reconstructs, and replaces. To allow the

• Page 28, Line 8bridge enterprise to accomplish this purpose and fully exercise its powers and duties through the bridge enterprise board, the bridge enterprise may:

• Page 28, Line 9(I)  Impose a bridge safety surcharge and a bridge and tunnel

• Page 28, Line 10impact fee and a bridge and tunnel retail delivery fee as authorized by subsections (5)(g) and (5)(g.5) and (5)(g.7) of this section;

• Page 28, Line 11(c)  The bridge enterprise constitutes an enterprise for purposes of

• Page 28, Line 12section 20 of article X of the state constitution so long as it retains the

• Page 28, Line 13authority to issue revenue bonds and receives less than ten percent of its

• Page 28, Line 14total revenues in grants from all Colorado state and local governments

• Page 28, Line 15combined. So long as it constitutes an enterprise pursuant to this

• Page 28, Line 16subsection (2)(c), the bridge enterprise shall not be subject to any

• Page 28, Line 17provisions of section 20 of article X of the state constitution. Consistent

• Page 28, Line 18with the determination of the Colorado supreme court in Nicholl v. E-470

• Page 28, Line 19Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to

• Page 28, Line 20impose taxes is inconsistent with "enterprise" status under section 20 of

• Page 28, Line 21article X of the state constitution, the general assembly finds and declares

• Page 28, Line 22that a bridge safety surcharge or a bridge and tunnel impact fee or a

• Page 28, Line 23bridge and tunnel retail delivery fee imposed by the bridge enterprise as

• Page 28, Line 24authorized by subsection (5)(g) or (5)(g.5) or (5)(g.7) of this section is

• Page 29, Line 1not a tax but is instead a fee imposed by the bridge enterprise to defray

• Page 29, Line 2the cost of completing designated bridge projects, preventative

• Page 29, Line 3maintenance bridge projects, and tunnel projects that the enterprise

• Page 29, Line 4provides as a specific service to the persons upon whom the fee is

• Page 29, Line 5imposed and at rates reasonably calculated based on the benefits received by such persons.

• Page 29, Line 6(3) (a)  The statewide bridge and tunnel enterprise special revenue

• Page 29, Line 7fund, referred to in this part 8 as the "bridge special fund", is hereby

• Page 29, Line 8created in the state treasury. All revenue received by the bridge enterprise,

• Page 29, Line 9including, but not limited to, revenue from a bridge safety surcharge

• Page 29, Line 10imposed as authorized by subsection (5)(g) of this section, revenue from

• Page 29, Line 11a bridge and tunnel impact fee imposed as authorized by subsection

• Page 29, Line 12(5)(g.5) of this section, revenue from a bridge and tunnel retail delivery

• Page 29, Line 13fee imposed as authorized by subsection (5)(g.7) of this section, and any

• Page 29, Line 14money loaned to the enterprise by the state pursuant to subsection (5)(r)

• Page 29, Line 15of this section, shall be deposited into the bridge special fund. The bridge

• Page 29, Line 16enterprise board may establish separate accounts within the bridge special

• Page 29, Line 17fund as needed in connection with any specific designated bridge project,

• Page 29, Line 18preventative maintenance bridge project, or tunnel project. The bridge

• Page 29, Line 19enterprise also may deposit or permit others to deposit other money into

• Page 29, Line 20the bridge special fund, but in no event may revenue from any tax

• Page 29, Line 21otherwise available for general purposes be deposited into the bridge

• Page 29, Line 22special fund. The state treasurer, after consulting with the bridge

• Page 29, Line 23enterprise board, shall invest any money in the bridge special fund,

• Page 29, Line 24including any surplus or reserves, but excluding any proceeds from the

• Page 29, Line 25sale of bonds or earnings on such proceeds invested pursuant to section

• Page 29, Line 2643-4-807 (2), that are not needed for immediate use. Such money may be

• Page 30, Line 1invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.

• Page 30, Line 2(5)  In addition to any other powers and duties specified in this section, the bridge enterprise board has the following powers and duties:

• Page 30, Line 3(g.7) (I)  In furtherance of its business purpose, beginning in state

• Page 30, Line 4fiscal year 2022-23, the bridge enterprise shall impose, and the

• Page 30, Line 5department of revenue shall collect on behalf of the bridge enterprise, a

• Page 30, Line 6bridge and tunnel retail delivery fee on each retail delivery. Each retailer

• Page 30, Line 7who makes a retail delivery shall either collect and remit or elect to pay

• Page 30, Line 8the bridge and tunnel retail delivery fee in the manner prescribed by the

• Page 30, Line 9department in accordance with section 43-4-218 (6). For the purpose of

• Page 30, Line 10minimizing compliance costs for retailers and administrative costs for the

• Page 30, Line 11state, the department of revenue shall collect and administer the bridge

• Page 30, Line 12and tunnel retail delivery fee on behalf of the bridge enterprise in the

• Page 30, Line 13same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).

• Page 30, Line 14(II)  For retail deliveries of tangible personal property purchased

• Page 30, Line 15during state fiscal year 2022-23, the bridge enterprise shall impose the

• Page 30, Line 16bridge and tunnel retail delivery fee in a maximum amount of two and seven-tenths cents.

• Page 30, Line 17(III) (A)  Except as otherwise provided in subsection

• Page 30, Line 18(5)(g.7)(III)(B) of this section, for retail deliveries of tangible personal

• Page 30, Line 19property purchased during state fiscal year 2023-24 or during any

• Page 30, Line 20subsequent state fiscal year, the bridge enterprise shall impose the bridge

• Page 30, Line 21and tunnel retail delivery fee in a maximum amount that is the maximum

• Page 30, Line 22amount for the prior state fiscal year adjusted for inflation. The bridge

• Page 30, Line 23enterprise shall notify the department of revenue of the amount of the

• Page 31, Line 1bridge and tunnel retail delivery fee to be collected for retail deliveries of

• Page 31, Line 2tangible personal property purchased during each state fiscal year no later

• Page 31, Line 3than March 15 of the calendar year in which the state fiscal year begins,

• Page 31, Line 4and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.

• Page 31, Line 5(B)  The bridge enterprise is authorized to adjust the amount of the

• Page 31, Line 6bridge and tunnel retail delivery fee for retail deliveries of tangible

• Page 31, Line 7personal property purchased during a state fiscal year only if the

• Page 31, Line 8department of revenue adjusts the amount of the retail delivery fee

• Page 31, Line 9imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.

• Page 31, Line 10(IV)  As used in this subsection (5)(g.7):

• Page 31, Line 11(A)  "Inflation" means the average annual percentage change in the

• Page 31, Line 12United States department of labor, bureau of labor statistics, consumer

• Page 31, Line 13price index for Denver-Aurora-Lakewood for all items and all urban

• Page 31, Line 14consumers, or its applicable predecessor or successor index, for the five

• Page 31, Line 15years ending on the last December 31 before a state fiscal year for which

• Page 31, Line 16an inflation adjustment to be made to the bridge and tunnel retail delivery fee imposed pursuant to this subsection (5)(g.7) begins.

• Page 31, Line 17(B)  "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e).

• Page 31, Line 18(C)  "Retailer" has the same meaning as set forth in section 39-26-102 (8).

• Page 31, Line 19(r) (I)  To contract with the state to borrow money under the terms

• Page 31, Line 20of one or more loan contracts entered into by the state and the bridge

• Page 31, Line 21enterprise pursuant to subsection (5)(r)(III) of this section, to expend any

• Page 31, Line 22money borrowed from the state for the purpose of completing designated

• Page 32, Line 1bridge projects, preventative maintenance bridge projects, and tunnel

• Page 32, Line 2projects and for any other authorized purpose that constitutes the

• Page 32, Line 3construction, supervision, and maintenance of the public highways of this

• Page 32, Line 4state for purposes of section 18 of article X of the state constitution, and

• Page 32, Line 5to use revenue generated by any bridge safety surcharge or bridge and

• Page 32, Line 6tunnel impact fee or bridge and tunnel retail delivery fee imposed

• Page 32, Line 7pursuant to subsection (5)(g) or (5)(g.5) or (5)(g.7) of this section and

• Page 32, Line 8any other legally available money of the bridge enterprise to repay the

• Page 32, Line 9money borrowed and any other amounts payable under the terms of the loan contract.

• Page 32, Line 10(III) (A)  If the state treasurer receives a list from the governor

• Page 32, Line 11pursuant to subsection (5)(r)(II) of this section, the state, acting by and

• Page 32, Line 12through the state treasurer, may enter into a loan contract with the bridge

• Page 32, Line 13enterprise and may raise the money needed to make a loan pursuant to the

• Page 32, Line 14terms of the loan contract by selling or leasing one or more of the state

• Page 32, Line 15buildings or other state capital facilities on the list. The state treasurer

• Page 32, Line 16shall have sole discretion to enter into a loan contract on behalf of the

• Page 32, Line 17state and to determine the amount of a loan; except that the principal

• Page 32, Line 18amount of a loan shall not exceed the maximum amount specified by the

• Page 32, Line 19governor pursuant to subsection (5)(r)(II) of this section. The state

• Page 32, Line 20treasurer shall also have sole discretion to determine the timing of the

• Page 32, Line 21entry of the state into any loan contract or the sale or lease of one or more

• Page 32, Line 22state buildings or other state capital facilities. The loan contract shall

• Page 32, Line 23require the bridge enterprise to pledge to the state all or a portion of the

• Page 32, Line 24revenues of any bridge safety surcharge or bridge and tunnel impact fee

• Page 32, Line 25or bridge and tunnel retail delivery fee imposed pursuant to subsection

• Page 32, Line 26(5)(g) or (5)(g.5) or (5)(g.7) of this section for the repayment of the loan

• Page 33, Line 1and may also require the bridge enterprise to pledge to the state any other

• Page 33, Line 2legally available revenue of the bridge enterprise. Any loan contract

• Page 33, Line 3entered into by the state, acting by and through the state treasurer, and the

• Page 33, Line 4bridge enterprise pursuant to this subsection (5)(r)(III)(A) and any pledge

• Page 33, Line 5of revenue by the bridge enterprise pursuant to such a loan contract shall

• Page 33, Line 6be only for the benefit of, and enforceable only by, the state and the

• Page 33, Line 7bridge enterprise. Specifically, but without limiting the generality of said

• Page 33, Line 8limitation, no such loan contract or pledge shall be for the benefit of, or

• Page 33, Line 9enforceable by, a seller under a financed purchase of an asset or

• Page 33, Line 10certificate of participation agreement entered into pursuant to this

• Page 33, Line 11subsection (5)(r)(III), an owner of any instrument evidencing rights to

• Page 33, Line 12receive rentals or other payments made and to be made under such a

• Page 33, Line 13financed purchase of an asset or certificate of participation agreement as

• Page 33, Line 14authorized by subsection (5)(r)(IV)(B) of this section, a party to any

• Page 33, Line 15ancillary agreement or instrument entered into pursuant to subsection

• Page 33, Line 16(5)(r)(V) of this section, or a party to any interest rate exchange

• Page 33, Line 17agreement entered into pursuant to subsection (5)(r)(VII)(A) of this section.

• Page 33, Line 18SECTION 38.  In Colorado Revised Statutes, 43-4-1101, amend (1) introductory portion as follows:

• Page 33, Line 1943-4-1101.  Legislative declaration. (1)  The general assembly

• Page 33, Line 20hereby finds and declares that it is necessary, appropriate, and in the best

• Page 33, Line 21interest of the state to use a portion of the general fund money that is

• Page 33, Line 22dedicated for transportation purposes pursuant to section 24-75-219 to

• Page 33, Line 23fund multimodal transportation projects and operations throughout the

• Page 33, Line 24state and to use a portion of the money that is generated by the retail

• Page 33, Line 25delivery fee imposed on the delivery of retail goods transported to the

• Page 34, Line 1delivery site by motor vehicle pursuant to section 43-4-218 (3) to fund

• Page 34, Line 2transportation-related greenhouse gas mitigation expenses throughout the

• Page 34, Line 3state as authorized by this part 11 because, in addition to the general

• Page 34, Line 4benefits that it provides to all Coloradans, a complete and integrated

• Page 34, Line 5multimodal transportation system that includes greenhouse gas mitigation projects and services:

• Page 34, Line 6SECTION 39.  In Colorado Revised Statutes, 43-4-1103, amend (1)(a), (2)(d)(I), and (2)(d)(II) as follows:

• Page 34, Line 743-4-1103.  Multimodal transportation options fund - creation

• Page 34, Line 8- revenue sources for fund - use of fund. (1) (a)  The multimodal

• Page 34, Line 9transportation and mitigation options fund is hereby created in the state

• Page 34, Line 10treasury. The fund consists of money transferred from the general fund to

• Page 34, Line 11the fund pursuant to section 24-75-219 retail delivery fee revenue credited

• Page 34, Line 12to the fund pursuant to section 43-4-218 (5)(a)(II), and any other money

• Page 34, Line 13that the general assembly may appropriate or transfer to the fund. The

• Page 34, Line 14state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

• Page 34, Line 15(2) (d) (I)  On and after October 1, 2022, unless the department has

• Page 34, Line 16both adopted implementing guidelines and procedures that satisfy the

• Page 34, Line 17requirements of section 43-1-128 (3) and updated its ten-year vision plan

• Page 34, Line 18to comply with the implementing guidelines and procedures, expenditures

• Page 34, Line 19from the funds made available for multimodal projects pursuant to

• Page 34, Line 20sections section 24-75-219 (7)(c)(I) and (7)(f)(II) and 43-4-218 (5)(a)(II)

• Page 34, Line 21for state multimodal projects shall only be made for multimodal projects

• Page 34, Line 22that the department, in consultation with the department of public health

• Page 34, Line 23and environment, determines will help bring the ten-year vision plan into

• Page 34, Line 24compliance with the requirements of section 43-1-128 (3).

• Page 35, Line 1(II)  On and after October 1, 2022, unless the department has

• Page 35, Line 2adopted implementing guidelines and procedures that satisfy the

• Page 35, Line 3requirements of section 43-1-128 (3) and a metropolitan planning

• Page 35, Line 4organization that is in an area or includes an area that has been out of

• Page 35, Line 5attainment for national ambient air quality standards for ozone for two

• Page 35, Line 6years or more has updated its regional transportation plan to comply with

• Page 35, Line 7the implementing guidelines and procedures, expenditures from the funds

• Page 35, Line 8made available for multimodal projects pursuant to sections section

• Page 35, Line 924-75-219 (7)(c)(I) and (7)(f)(II) and 43-4-218 (5)(a)(II) for local

• Page 35, Line 10multimodal projects within the territory of the metropolitan planning

• Page 35, Line 11organization shall only be made for multimodal projects that the

• Page 35, Line 12department, in consultation with the department of public health and

• Page 35, Line 13environment, determines will help bring the regional transportation plan into compliance with the requirements of section 43-1-128 (3).

• Page 35, Line 14SECTION 40.  In Colorado Revised Statutes, 43-4-1201, amend

• Page 35, Line 15(1) introductory portion, (1)(e)(II), (2)(c) introductory portion, (2)(e)

• Page 35, Line 16introductory portion, and (2)(g); and repeal (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), and (2)(f) as follows:

• Page 35, Line 1743-4-1201.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

• Page 35, Line 18(a)  Retail deliveries are increasing and are expected to continue to increase in communities across the state;

• Page 35, Line 19(b)  The motor vehicles used to make retail deliveries are some of

• Page 35, Line 20the most polluting vehicles on the road, which has resulted in additional and increasing air and greenhouse gas pollution;

• Page 35, Line 21(c)  The adverse environmental and health impacts of increased

• Page 35, Line 22emissions from motor vehicles used to make retail deliveries can be

• Page 36, Line 1mitigated and offset by supporting the widespread adoption of electric

• Page 36, Line 2buses for transit fleets and reducing vehicle miles traveled by encouraging

• Page 36, Line 3people to choose clean, efficient, public transit options instead of personal motor vehicle travel;

• Page 36, Line 4(d)  Instead of reducing the impacts of retail deliveries by limiting

• Page 36, Line 5retail delivery activity through regulation, it is more appropriate to

• Page 36, Line 6continue to allow persons who receive retail deliveries to benefit from the

• Page 36, Line 7convenience afforded by unfettered retail deliveries and instead impose

• Page 36, Line 8a small fee on each retail delivery and use fee revenue to fund necessary mitigation activities;

• Page 36, Line 9(e)  It is necessary, appropriate, and in the best interest of the state

• Page 36, Line 10and all Coloradans to incentivize, support, and accelerate the

• Page 36, Line 11electrification of public transit in rural and urban areas throughout the state because electrification:

• Page 36, Line 12(II)  By reducing fuel and maintenance costs associated with the

• Page 36, Line 13use of motor vehicles, helps public transit providers operate more

• Page 36, Line 14efficiently, use cost savings to provide more reliable and convenient

• Page 36, Line 15transit service to more riders, and further reduce emissions by reducing personal motor vehicle use. and

• Page 36, Line 16(f)  By reducing motor vehicle emissions, transit fleet

• Page 36, Line 17electrification effectively remediates some of the impacts of retail

• Page 36, Line 18deliveries by offsetting a portion of the increased motor vehicle emissions resulting from such deliveries.

• Page 36, Line 19(2)  The general assembly further finds and declares that:

• Page 36, Line 20(c)  The enterprise provides impact remediation services when in

• Page 36, Line 21exchange for the payment of clean transit retail delivery fees by or on

• Page 36, Line 22behalf of purchasers of tangible personal property for retail delivery, it

• Page 37, Line 1acts to mitigate the impacts of residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions by:

• Page 37, Line 2(e)  Consistent with the determination of the Colorado supreme

• Page 37, Line 3court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo.

• Page 37, Line 41995), that the power to impose taxes is inconsistent with enterprise status

• Page 37, Line 5under section 20 of article X of the state constitution, it is the conclusion

• Page 37, Line 6of the general assembly that the revenue collected by the enterprise is

• Page 37, Line 7generated by fees, not taxes, because the clean transit retail delivery fee

• Page 37, Line 8imposed by the enterprise as authorized by section 43-4-1203 (7) and the production fee for clean transit are is:

• Page 37, Line 9(f)  So long as the enterprise qualifies as an enterprise for purposes

• Page 37, Line 10of section 20 of article X of the state constitution, the revenue from the

• Page 37, Line 11clean transit retail delivery fee collected by the enterprise is not state

• Page 37, Line 12fiscal year spending, as defined in section 24-77-102 (17), or state

• Page 37, Line 13revenues, as defined in section 24-77-103.6 (6)(c), and does not count

• Page 37, Line 14against either the state fiscal year spending limit imposed by section 20

• Page 37, Line 15of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D); and

• Page 37, Line 16(g)  The addition of the production fee for clean transit continues

• Page 37, Line 17to serve the enterprise's primary business purposes set forth in section

• Page 37, Line 1843-4-1203 (3)(a). If the addition of the production fee for clean transit

• Page 37, Line 19combined with the clean transit retail delivery fee is estimated to result in

• Page 37, Line 20the collection of fees and surcharges that exceed one hundred million

• Page 37, Line 21dollars in the enterprise's first five fiscal years, the board shall adjust the

• Page 37, Line 22fees fee, lower the fees fee, or stop collecting the fees fee in order to not

• Page 37, Line 23collect fees or surcharges that exceed one hundred million dollars in the

• Page 37, Line 24enterprise's first five fiscal years, which five-year period, for the purpose

• Page 38, Line 1of section 24-77-108, ends on June 30, 2026. Therefore, the enterprise,

• Page 38, Line 2originally created in section 43-4-1203, is in compliance with section 24-77-108.

• Page 38, Line 3SECTION 41.  In Colorado Revised Statutes, 43-4-1202, repeal (11), (15), and (16) as follows:

• Page 38, Line 443-4-1202.  Definitions. As used in this part 12, unless the context otherwise requires:

• Page 38, Line 5(11)  "Inflation" means the average annual percentage change in

• Page 38, Line 6the United States department of labor, bureau of labor statistics, consumer

• Page 38, Line 7price index for Denver-Aurora-Lakewood for all items and all urban

• Page 38, Line 8consumers, or its applicable predecessor or successor index, for the five

• Page 38, Line 9years ending on the last December 31 before a state fiscal year for which

• Page 38, Line 10an inflation adjustment to be made to the clean transit retail delivery fee imposed pursuant to section 43-4-1203 (7) begins.

• Page 38, Line 11(15)  "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e).

• Page 38, Line 12(16)  "Retailer" has the same meaning as set forth in section 39-26-102 (8).

• Page 38, Line 13SECTION 42.  In Colorado Revised Statutes, 43-4-1203, amend (3)(a)(I), (5)(a), and (6)(g); and repeal (3)(b)(I) and (7) as follows:

• Page 38, Line 1443-4-1203.  Clean transit enterprise - creation - board - powers

• Page 38, Line 15and duties - rules - fees - fund. (3) (a)  The primary business purposes of the enterprise are to:

• Page 38, Line 16(I)  Reduce and mitigate the adverse environmental and health

• Page 38, Line 17impacts of air pollution and greenhouse gas emissions produced by motor

• Page 38, Line 18vehicles used to make retail deliveries by supporting the replacement of

• Page 38, Line 19existing gasoline and diesel transit vehicles with electric motor vehicles,

• Page 39, Line 1including motor vehicles that originally were powered exclusively by

• Page 39, Line 2internal combustion engines but have been converted into electric motor

• Page 39, Line 3vehicles; providing the associated charging infrastructure for electric

• Page 39, Line 4transit fleet motor vehicles; supporting facility modifications that allow

• Page 39, Line 5for the safe operation and maintenance of electric transit motor vehicles;

• Page 39, Line 6and funding planning studies that enable transit agencies to plan for transit vehicle electrification; and

• Page 39, Line 7(b)  To allow the enterprise to accomplish the business purposes

• Page 39, Line 8described in subsection (3)(a) of this section and fully exercise its powers and duties through the board, the enterprise may:

• Page 39, Line 9(I)  Impose a clean transit retail delivery fee as authorized by subsection (7) of this section;

• Page 39, Line 10(5) (a)  The clean transit enterprise fund is hereby created in the

• Page 39, Line 11state treasury. The fund consists of clean transit retail delivery fee

• Page 39, Line 12revenue credited to the fund pursuant to subsection (7) of this section, any

• Page 39, Line 13monetary gifts, grants, donations, or other money received by the

• Page 39, Line 14enterprise, any federal money that may be credited to the fund, and any

• Page 39, Line 15other money that the general assembly may appropriate or transfer to the

• Page 39, Line 16fund. The state treasurer shall credit all interest and income derived from

• Page 39, Line 17the deposit and investment of money in the fund to the fund. Subject to

• Page 39, Line 18annual appropriation by the general assembly, the enterprise may expend

• Page 39, Line 19money from the fund to provide grants, pay its reasonable and necessary

• Page 39, Line 20operating expenses, including repayment of any loan received by the

• Page 39, Line 21enterprise pursuant to subsection (5)(b) of this section, and otherwise exercise its powers and perform its duties as authorized by this part 3.

• Page 39, Line 22(6)  In addition to any other powers and duties specified in this

• Page 39, Line 23section, the board has the following general powers and duties:

• Page 40, Line 1(g)  To promulgate adopt rules to set the amount of the clean

• Page 40, Line 2transit retail delivery fee at or below the maximum amount authorized in

• Page 40, Line 3this section and to govern the process by which the enterprise accepts

• Page 40, Line 4applications for, awards, and oversees grants, loans, and rebates pursuant to subsection (8) of this section; and

• Page 40, Line 5(7) (a)  In furtherance of its business purpose, beginning in state

• Page 40, Line 6fiscal year 2022-23, the enterprise shall impose, and the department of

• Page 40, Line 7revenue shall collect on behalf of the enterprise, a clean transit retail

• Page 40, Line 8delivery fee on each retail delivery. Each retailer who makes a retail

• Page 40, Line 9delivery shall either collect and remit or elect to pay the clean transit retail

• Page 40, Line 10delivery fee in the manner prescribed by the department in accordance

• Page 40, Line 11with section 43-4-218 (6). For the purpose of minimizing compliance

• Page 40, Line 12costs for retailers and administrative costs for the state, the department of

• Page 40, Line 13revenue shall collect and administer the clean transit retail delivery fee on

• Page 40, Line 14behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3).

• Page 40, Line 15(b)  For retail deliveries of tangible personal property purchased

• Page 40, Line 16during state fiscal year 2022-23, the enterprise shall impose the clean transit retail delivery fee in a maximum amount of three cents.

• Page 40, Line 17(c) (I)  Except as otherwise provided in subsection (7)(c)(II) of this

• Page 40, Line 18section, for retail deliveries of tangible personal property purchased

• Page 40, Line 19during state fiscal year 2023-24 or during any subsequent state fiscal year,

• Page 40, Line 20the enterprise shall impose the clean transit retail delivery fee in a

• Page 40, Line 21maximum amount that is the maximum amount for the prior state fiscal

• Page 40, Line 22year adjusted for inflation. The enterprise shall notify the department of

• Page 40, Line 23revenue of the amount of the clean transit retail delivery fee to be

• Page 40, Line 24collected for retail deliveries of tangible personal property purchased

• Page 41, Line 1during each state fiscal year no later than March 15 of the calendar year

• Page 41, Line 2in which the state fiscal year begins, and the department of revenue shall

• Page 41, Line 3publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.

• Page 41, Line 4(II)  The enterprise is authorized to adjust the amount of the clean

• Page 41, Line 5transit retail delivery fee for retail deliveries of tangible personal property

• Page 41, Line 6purchased during a state fiscal year only if the department of revenue

• Page 41, Line 7adjusts the amount of the retail delivery fee imposed by section 43-4-218

• Page 41, Line 8(3) for retail deliveries of tangible personal property purchased during the state fiscal year.

• Page 41, Line 9SECTION 43.  In Colorado Revised Statutes, 43-4-1301, amend

• Page 41, Line 10(1) introductory portion, (1)(a), (1)(c), (2)(a), (2)(c), and (2)(d) as follows:

• Page 41, Line 1143-4-1301.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

• Page 41, Line 12(a)  Rapid and continuing growth in retail deliveries made by

• Page 41, Line 13motor vehicles and in prearranged rides arranged through transportation

• Page 41, Line 14network companies has increased and will continue to increase traffic

• Page 41, Line 15congestion and air pollution from motor vehicle emissions, along with the

• Page 41, Line 16adverse environmental and health impacts that result from such pollution,

• Page 41, Line 17in nonattainment areas, including but not limited to disproportionately impacted communities and communities adjacent to highways;

• Page 41, Line 18(c)  Instead of reducing the impacts of retail deliveries and

• Page 41, Line 19prearranged rides arranged through transportation network companies, by

• Page 41, Line 20limiting retail delivery and prearranged ride activity through regulation,

• Page 41, Line 21it is more appropriate to continue to allow persons who receive retail

• Page 41, Line 22deliveries and benefit from the convenience afforded by unfettered retail

• Page 42, Line 1deliveries and to allow transportation network companies that arrange

• Page 42, Line 2prearranged rides to continue to provide that service without undue

• Page 42, Line 3restrictions and to instead impose a small fee on each retail delivery and

• Page 42, Line 4prearranged ride and use fee revenue to fund necessary mitigation activities.

• Page 42, Line 5(2)  The general assembly further finds and declares that:

• Page 42, Line 6(a)  The enterprise provides impact remediation services when, in

• Page 42, Line 7exchange for the payment of air pollution mitigation per ride fees by

• Page 42, Line 8transportation network companies and air pollution mitigation retail

• Page 42, Line 9delivery fees by or on behalf of purchasers of tangible personal property

• Page 42, Line 10for retail delivery, it acts as authorized by this section to mitigate the

• Page 42, Line 11impacts of prearranged rides arranged through transportation network

• Page 42, Line 12companies and residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions;

• Page 42, Line 13(c)  Consistent with the determination of the Colorado supreme

• Page 42, Line 14court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo.

• Page 42, Line 151995), that the power to impose taxes is inconsistent with enterprise status

• Page 42, Line 16under section 20 of article X of the state constitution, it is the conclusion

• Page 42, Line 17of the general assembly that the revenue collected by the enterprise is

• Page 42, Line 18generated by fees, not taxes, because the air pollution mitigation per ride

• Page 42, Line 19fee and the air pollution mitigation retail delivery fee imposed by the enterprise as authorized by section 43-4-1303 are is:

• Page 42, Line 20(I)  Imposed for the specific purpose of allowing the enterprise to

• Page 42, Line 21defray the costs of providing the remediation services specified in this

• Page 42, Line 22section, including mitigating impacts to air quality and greenhouse gas

• Page 42, Line 23emissions caused by the activities on which the fees are fee is assessed,

• Page 42, Line 24and contribute to the implementation of the comprehensive regulatory

• Page 43, Line 1scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and

• Page 43, Line 2(II)  Collected at rates that are reasonably calculated based on the

• Page 43, Line 3impacts caused by fee payers and the cost of remediating those impacts. and

• Page 43, Line 4(d)  So long as the enterprise qualifies as an enterprise for purposes

• Page 43, Line 5of section 20 of article X of the state constitution, the revenue from the

• Page 43, Line 6community access retail delivery fee air pollution mitigation per ride

• Page 43, Line 7fee collected by the enterprise is not state fiscal year spending, as defined

• Page 43, Line 8in section 24-77-102 (17), or state revenues, as defined in section

• Page 43, Line 924-77-103.6 (6)(c), and does not count against either the state fiscal year

• Page 43, Line 10spending limit imposed by section 20 of article X of the state constitution

• Page 43, Line 11or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D) (6)(b)(I)(G).

• Page 43, Line 12SECTION 44.  In Colorado Revised Statutes, 43-4-1302, amend (15); and repeal (19) and (20) as follows:

• Page 43, Line 1343-4-1302.  Definitions. As used in this part 13, unless the context otherwise requires:

• Page 43, Line 14(15)  "Inflation" means the average annual percentage change in

• Page 43, Line 15the United States department of labor, bureau of labor statistics, consumer

• Page 43, Line 16price index for Denver-Aurora-Lakewood for all items and all urban

• Page 43, Line 17consumers, or its applicable predecessor or successor index, for the five

• Page 43, Line 18years ending on the last December 31 before a state fiscal year for which

• Page 43, Line 19an inflation adjustment to be made to the air pollution mitigation per ride

• Page 43, Line 20fee imposed by section 43-4-1303 (7) or the air pollution mitigation retail delivery fee imposed by section 43-4-1303 (8) begins.

• Page 43, Line 21(19)  "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e).

• Page 44, Line 1(20)  "Retailer" has the same meaning as set forth in section 39-26-102 (8).

• Page 44, Line 2SECTION 45.  In Colorado Revised Statutes, 43-4-1303, amend

• Page 44, Line 3(3) introductory portion, (3)(a), (5)(a), and (6)(h); and repeal (8) as follows:

• Page 44, Line 443-4-1303.  Nonattainment area air pollution mitigation enterprise - creation - board - powers and duties - rules - fees - fund.

• Page 44, Line 5(3)  The business purpose of the enterprise is to mitigate the

• Page 44, Line 6environmental and health impacts of increased air pollution from motor

• Page 44, Line 7vehicle emissions in nonattainment areas that results from the rapid and

• Page 44, Line 8continuing growth in retail deliveries made by motor vehicles and in

• Page 44, Line 9prearranged rides provided by transportation network companies by

• Page 44, Line 10providing funding for eligible projects that reduce traffic, including

• Page 44, Line 11demand management projects that encourage alternatives to driving alone

• Page 44, Line 12or that directly reduce air pollution, such as retrofitting of construction

• Page 44, Line 13equipment, construction of roadside vegetation barriers, and planting trees

• Page 44, Line 14along medians. To allow the enterprise to accomplish this purpose and fully exercise its powers and duties through the board, the enterprise may:

• Page 44, Line 15(a)  Impose an air pollution mitigation per ride fee and an air

• Page 44, Line 16pollution mitigation retail delivery fee as authorized by subsections (7) and (8) subsection (7) of this section;

• Page 44, Line 17(5) (a)  The nonattainment area air pollution mitigation enterprise

• Page 44, Line 18fund is hereby created in the state treasury. The fund consists of air

• Page 44, Line 19pollution mitigation per ride fee revenue and air pollution mitigation retail

• Page 44, Line 20delivery fee revenue credited to the fund pursuant to subsections (7) and

• Page 44, Line 21(8) subsection (7) of this section, any monetary gifts, grants, donations,

• Page 45, Line 1or other payments received by the enterprise, any federal money that may

• Page 45, Line 2be credited to the fund, and any other money that the general assembly

• Page 45, Line 3may appropriate or transfer to the fund. The state treasurer shall credit all

• Page 45, Line 4interest and income derived from the deposit and investment of money in

• Page 45, Line 5the fund to the fund. Money in the fund is continuously appropriated to

• Page 45, Line 6the enterprise for the purposes set forth in this part 13 and to pay the

• Page 45, Line 7enterprise's reasonable and necessary operating expenses, including the

• Page 45, Line 8repayment of any loan received pursuant to subsection (5)(b) of this section.

• Page 45, Line 9(6)  In addition to any other powers and duties specified in this section, the board has the following general powers and duties:

• Page 45, Line 10(h)  To promulgate adopt rules for the sole purpose of setting the

• Page 45, Line 11amounts amount of the air pollution mitigation per ride fee and the air

• Page 45, Line 12pollution mitigation retail delivery fee at or below the maximum amounts authorized in this section; and

• Page 45, Line 13(8) (a)  In furtherance of its business purpose, beginning in state

• Page 45, Line 14fiscal year 2022-23, the enterprise shall impose, and the department of

• Page 45, Line 15revenue shall collect on behalf of the enterprise, an air pollution

• Page 45, Line 16mitigation retail delivery fee on each retail delivery. Each retailer who

• Page 45, Line 17makes a retail delivery shall either collect and remit or elect to pay the air

• Page 45, Line 18pollution mitigation retail delivery fee in the manner prescribed by the

• Page 45, Line 19department in accordance with section 43-4-218 (6). For the purpose of

• Page 45, Line 20minimizing compliance costs for retailers and administrative costs for the

• Page 45, Line 21state, the department of revenue shall collect and administer the air

• Page 45, Line 22pollution mitigation retail delivery fee on behalf of the enterprise in the

• Page 45, Line 23same manner in which it collects and administers the retail delivery fee

• Page 45, Line 24imposed by section 43-4-218 (3).

• Page 46, Line 1(b)  For retail deliveries of tangible personal property purchased

• Page 46, Line 2during state fiscal year 2022-23, the enterprise shall impose the air

• Page 46, Line 3pollution mitigation retail delivery fee in a maximum amount of seven-tenths of one cent.

• Page 46, Line 4(c) (I)  Except as otherwise provided in subsection (8)(c)(II) of this

• Page 46, Line 5section, for retail deliveries of tangible personal property purchased

• Page 46, Line 6during state fiscal year 2023-24 or during any subsequent state fiscal year,

• Page 46, Line 7the enterprise shall impose the air pollution mitigation retail delivery fee

• Page 46, Line 8in a maximum amount that is the maximum amount for the prior state

• Page 46, Line 9fiscal year adjusted for inflation. The enterprise shall notify the

• Page 46, Line 10department of revenue of the amount of the air pollution mitigation retail

• Page 46, Line 11delivery fee to be collected for retail deliveries of tangible personal

• Page 46, Line 12property purchased during each state fiscal year no later than March 15

• Page 46, Line 13of the calendar year in which the state fiscal year begins, and the

• Page 46, Line 14department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins.

• Page 46, Line 15(II)  The enterprise is authorized to adjust the amount of the air

• Page 46, Line 16pollution mitigation retail delivery fee for retail deliveries of tangible

• Page 46, Line 17personal property purchased during a state fiscal year only if the

• Page 46, Line 18department of revenue adjusts the amount of the retail delivery fee

• Page 46, Line 19imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year.

• Page 46, Line 20SECTION 46.  Act subject to petition - effective date. This act

• Page 46, Line 21takes effect at 12:01 a.m. on the day following the expiration of the

• Page 46, Line 22ninety-day period after final adjournment of the general assembly; except

• Page 46, Line 23that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 46, Line 24of the state constitution against this act or an item, section, or part of this

• Page 47, Line 1act within such period, then the act, item, section, or part will not take

• Page 47, Line 2effect unless approved by the people at the general election to be held in

• Page 47, Line 3November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.