Senate Bill 25-117 Introduced

A Bill for an Act

• Page 1, Line 101Concerning the reduction of transportation costs, and, in

• Page 1, Line 102connection therewith, repealing certain government

• Page 1, Line 103fees imposed on gasoline and certain special fuel,

• Page 1, Line 104passenger rides booked through transportation

• Page 1, Line 105network companies, short-term motor vehicle rentals,

• Page 1, Line 106and waste tires and requiring the nonattainment area

• Page 1, Line 107air pollution mitigation enterprise to establish a

• Page 1, Line 108reformulated gasoline cost stabilization rebate

• Page 1, Line 109program.

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.)

For the purpose of reducing transportation costs, the bill repeals the following fees, effective July 1, 2025:

• The road usage fee imposed by the state and the bridge and tunnel impact fee imposed by the statewide bridge and tunnel enterprise that are imposed on the purchase of each gallon of taxed gasoline and special fuel;
• The fee imposed by the state on short-term motor vehicle rentals;
• The passenger per-ride fees imposed on car share rides by the state, the clean fleet enterprise, and the nonattainment area air pollution mitigation enterprise; and
• The waste tire enterprise fee imposed on the purchase of new motor vehicle and trailer tires by the waste tire management enterprise. Because this fee is the only source of revenue for the waste tire management enterprise, the bill also repeal the enterprise.

The bill also requires the nonattainment area air pollution mitigation enterprise, no later than January 1, 2026, to establish a reformulated gasoline cost stabilization program to offer reformulated gasoline cost stabilization rebates to individuals who own motor vehicles that are registered in counties in which the federal government requires all gasoline sold to be reformulated gasoline.

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

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 25-7.5-102, amend

• Page 2, Line 3(13) and (16)(b)(II); and repeal (3), (19), (24), (26), (27), (28), and (29) as follows:

• Page 2, Line 425-7.5-102.  Definitions. As used in this article 7.5, unless the context otherwise requires:

• Page 2, Line 5(3)  "Car share ride" means a prearranged ride for which the rider

• Page 2, Line 6agrees, at the time the rider requests the ride through a digital network, to

• Page 2, Line 7be transported with another rider who has separately requested a

• Page 2, Line 8prearranged ride regardless of whether or not another rider is actually

• Page 2, Line 9transported with the rider.

• Page 3, Line 1(13)  "Inflation" means the average annual percentage change in

• Page 3, Line 2the United States department of labor, bureau of labor statistics, consumer

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

• Page 3, Line 4consumers, or its applicable predecessor or successor index, for the five

• Page 3, Line 5years ending on the last December 31 before a state fiscal year for which

• Page 3, Line 6an inflation adjustment to be made to the clean fleet per ride fee imposed

• Page 3, 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 3, Line 8(16)  "Motor vehicle fleet" means a group of motor vehicles that is owned or operated:

• Page 3, Line 9(b)  By a business entity for a business if:

• Page 3, Line 10(II)  The group of motor vehicles is owned or operated by a

• Page 3, Line 11company that rents motor vehicles in the fleet to transportation network

• Page 3, Line 12company drivers for use in providing transportation network company

• Page 3, Line 13services or is owned and operated directly or indirectly through

• Page 3, Line 14independent contractors who own or lease individual motor vehicles in

• Page 3, Line 15the group by a transportation network company or by a retailer for the purpose of making retail deliveries.

• Page 3, Line 16(19)  "Prearranged ride" has the same meaning as set forth in section 40-10.1-602 (2).

• Page 3, Line 17(24)  "Rider" has the same meaning as set forth in section 40-10.1-602 (5).

• Page 3, Line 18(26)  "Transportation network company" has the same meaning as set forth in section 40-10.1-602 (3).

• Page 3, Line 19(27)  "Transportation network company driver" has the same meaning as set forth in section 40-10.1-602 (4).

• Page 3, Line 20(28)  "Transportation network company services" has the same meaning as set forth in section 40-10.1-602 (6).

• Page 4, Line 1(29)  "Zero emissions motor vehicle" means a battery electric motor vehicle or a hydrogen fuel cell motor vehicle.

• Page 4, Line 2SECTION 2.  In Colorado Revised Statutes, 25-7.5-103, amend

• Page 4, Line 3(3) introductory portion, (3)(a), (5)(a), and (6)(h); and repeal (7) as follows:

• Page 4, Line 425-7.5-103.  Clean fleet enterprise - creation - board - powers

• Page 4, Line 5and duties - fees - fund. (3)  The business purpose of the enterprise is to

• Page 4, Line 6incentivize and support the use of electric motor vehicles, including

• Page 4, Line 7motor vehicles that originally were powered exclusively by internal

• Page 4, Line 8combustion engines but have been converted into electric motor vehicles,

• Page 4, Line 9and, to the extent temporarily necessitated by the limitations of current

• Page 4, Line 10electric motor vehicle technology for certain fleet uses, compressed

• Page 4, Line 11natural gas motor vehicles that are fueled by recovered methane, by

• Page 4, Line 12businesses and governmental entities that own or operate fleets of motor

• Page 4, Line 13vehicles, including fleets composed of personal motor vehicles owned or

• Page 4, Line 14leased by individual contractors who provide prearranged rides for

• Page 4, Line 15transportation network companies or deliver goods for a third-party

• Page 4, Line 16delivery service. To allow the enterprise to accomplish this purpose and fully exercise its powers and duties through the board, the enterprise may:

• Page 4, Line 17(a)  Impose a clean fleet per ride fee and a clean fleet retail

• Page 4, Line 18delivery fee as authorized by subsections (7) and (8) subsection (8) of this section;

• Page 4, Line 19(5) (a)  The clean fleet enterprise fund is hereby created in the state

• Page 4, Line 20treasury. The fund consists of clean fleet per ride fee revenue and clean

• Page 4, Line 21fleet retail delivery fee revenue credited to the fund pursuant to

• Page 4, Line 22subsections (7) and (8) subsection (8) of this section, any monetary

• Page 5, Line 1gifts, grants, donations, or other payments received by the enterprise, any

• Page 5, Line 2federal money that may be credited to the fund, and any other money that

• Page 5, Line 3the general assembly may appropriate or transfer to the fund. The state

• Page 5, Line 4treasurer shall credit all interest and income derived from the deposit and

• Page 5, Line 5investment of money in the fund to the fund. Money in the fund is

• Page 5, Line 6continuously appropriated to the enterprise for the purposes set forth in

• Page 5, Line 7this article 7.5 and to pay the enterprise's reasonable and necessary

• Page 5, Line 8operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section.

• Page 5, 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 5, Line 10(h)  To promulgate rules for the sole purpose of setting the

• Page 5, Line 11amounts amount of the clean fleet per ride fee and the clean fleet retail

• Page 5, Line 12delivery fee at or below the maximum amounts amount authorized in this section; and

• Page 5, Line 13(7) (a)  In furtherance of its business purpose, beginning in state

• Page 5, Line 14fiscal year 2022-23, the enterprise shall impose a clean fleet per ride fee

• Page 5, Line 15to be paid by a transportation network company for each prearranged ride

• Page 5, Line 16requested and accepted through the company's digital network. For the

• Page 5, Line 17purpose of minimizing compliance costs for transportation network

• Page 5, Line 18companies and administrative costs for the state, the department of

• Page 5, Line 19revenue shall collect the clean fleet per ride fee on behalf of the

• Page 5, Line 20enterprise, and a transportation network company shall pay the fee to the

• Page 5, Line 21department of revenue as required by section 40-10.1-607.5 (2). The

• Page 5, Line 22enterprise shall ensure that during the first ten state fiscal years of fee

• Page 5, Line 23collections, expenditures that support transportation network company

• Page 5, Line 24operations equal or exceed cumulative clean fleet per ride fee revenue.

• Page 6, Line 1(b)  For prearranged rides requested and accepted during state

• Page 6, Line 2fiscal year 2022-23, the enterprise shall impose the clean fleet per ride fee in a maximum amount of:

• Page 6, Line 3(I)  Three and three-quarters cents for each prearranged ride that

• Page 6, Line 4is a car share ride or for which the driver transports the rider in a zero emissions motor vehicle; and

• Page 6, Line 5(II)  Seven and one-half cents for every other prearranged ride.

• Page 6, Line 6(c) (I)  Except as otherwise provided in subsection (7)(c)(II) of this

• Page 6, Line 7section, for prearranged rides requested and accepted during state fiscal

• Page 6, Line 8year 2023-24 or during any subsequent state fiscal year, the enterprise

• Page 6, Line 9shall impose the clean fleet per ride fee in a maximum amount that is the

• Page 6, Line 10applicable maximum amount for the prior state fiscal year adjusted for

• Page 6, Line 11inflation. The enterprise shall notify the department of revenue of the

• Page 6, Line 12amount of the clean fleet per ride fee to be collected for rides requested

• Page 6, Line 13and accepted during each state fiscal year no later than March 15 of the

• Page 6, Line 14calendar year in which the state fiscal year begins and the department of

• Page 6, Line 15revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.

• Page 6, Line 16(II)  The enterprise is authorized to adjust the amount of the clean

• Page 6, Line 17fleet per ride fee for prearranged rides requested and accepted during a

• Page 6, Line 18state fiscal year only if the rate of inflation is positive and cumulative

• Page 6, Line 19inflation from the time of the last adjustment in the amount of the fee,

• Page 6, Line 20when applied to the sum of the current clean fleet per ride fee and the

• Page 6, Line 21current air pollution mitigation per ride fee imposed as required by

• Page 6, Line 22section 43-4-1303 (7) and rounded to the nearest whole cent, will result

• Page 6, Line 23in an increase of at least one whole cent in the total amount of the clean

• Page 6, Line 24fleet per ride fee and the air pollution mitigation per ride fee paid by a

• Page 7, Line 1person who requests and accepts a prearranged ride. The amount of

• Page 7, Line 2cumulative inflation to be applied to the sum of the current clean fleet per

• Page 7, Line 3ride fee and the current air pollution mitigation per ride fee and rounded

• Page 7, Line 4to the nearest whole cent is the lesser of actual cumulative inflation or five percent.

• Page 7, Line 5(d)  As required by section 40-10.1-607.5 (3)(a), the department of

• Page 7, Line 6revenue shall transmit all net clean fleet per ride fee revenue collected to the state treasurer, who shall credit the revenue to the fund.

• Page 7, Line 7SECTION 3.  In Colorado Revised Statutes, 30-20-1401, amend

• Page 7, Line 8(2)(a); and repeal (1)(d), (1)(e), (1)(f), (1)(g), (1)(h), (1)(i), and (1)(j) as follows:

• Page 7, Line 930-20-1401.  Legislative declaration - rules - enforcement - recyclable material. (1)  The general assembly finds and declares that:

• Page 7, Line 10(d)  It is in the state's interest to provide for the recovery, recycling,

• Page 7, Line 11reuse, and management of waste tires through a government-run enterprise;

• Page 7, Line 12(e)  Providing statewide waste tire recycling, beneficial reuse, and

• Page 7, Line 13management constitutes a valuable service and benefit, and a waste tire

• Page 7, Line 14management enterprise would provide useful business services to tire

• Page 7, Line 15retailers, automobile dealers, automobile repair shops, service stations,

• Page 7, Line 16automotive fleet centers, waste tire haulers, waste tire collection facilities,

• Page 7, Line 17waste tire processors, recycling and waste facilities, landfills, consumers, and all residents of Colorado;

• Page 7, Line 18(f)  The waste tire management enterprise will aid in the proper

• Page 7, Line 19management of waste tires by providing financial incentives and rebates

• Page 7, Line 20for the recycling of waste tires into end-use tire-derived products, which

• Page 7, Line 21financial incentives and rebates directly compensate people who properly

• Page 8, Line 1dispose of or recycle waste tires, provide fee payers more convenient

• Page 8, Line 2waste tire and disposal options, increase the production of tire-derived

• Page 8, Line 3products, and positively impact human health and safety and the environment;

• Page 8, Line 4(g)  It is necessary, appropriate, and in the best interest of the state

• Page 8, Line 5to acknowledge that, by providing the business services specified in this

• Page 8, Line 6part 14, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;

• Page 8, Line 7(h)  Consistent with the determination of the Colorado supreme

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

• Page 8, Line 91995), that the power to impose taxes is inconsistent with enterprise status

• Page 8, Line 10under section 20 of article X of the state constitution, it is the conclusion

• Page 8, Line 11of the general assembly that the waste tire enterprise fee collected by the

• Page 8, Line 12enterprise is a fee, not a tax, because the fee is imposed for the specific

• Page 8, Line 13purpose of allowing the enterprise to defray the costs of providing the

• Page 8, Line 14business services specified in sections 30-20-1404 and 30-20-1405 to

• Page 8, Line 15consumers who ultimately pay the enterprise fee, which enterprise fee is

• Page 8, Line 16imposed at rates that are reasonably calculated based on the cost of providing the services needed by those consumers;

• Page 8, Line 17(i)  So long as the enterprise qualifies as an enterprise for the

• Page 8, Line 18purposes of section 20 of article X of the state constitution, the revenue

• Page 8, Line 19from the waste tire enterprise fee collected by the enterprise is not state

• Page 8, Line 20fiscal year spending, as defined in section 24-77-102 (17), or state

• Page 8, Line 21revenues, as defined in section 24-77-103.6 (6)(c), and does not count

• Page 8, Line 22against either the state fiscal year spending limit imposed by section 20

• Page 8, Line 23of article X of the state constitution or the excess state revenues cap, as

• Page 8, Line 24defined in section 24-77-103.6 (6)(b)(I); and

• Page 9, Line 1(j)  The enterprise created in this part 14 is necessary to continue

• Page 9, Line 2Colorado's management of waste tires and provide incentives to local

• Page 9, Line 3governments; for-profit waste tire management, recycling, and reuse

• Page 9, Line 4companies; and other organizations that are involved in waste tire recycling, beneficial reuse, and management.

• Page 9, Line 5(2) (a)  The commission in consultation with the enterprise, shall

• Page 9, Line 6promulgate rules for the implementation and enforcement of sections 30-20-1403, 30-20-1404, and 30-20-1405, as applicable.

• Page 9, Line 7SECTION 4.  In Colorado Revised Statutes, 30-20-1402, repeal (1.7), (4.5), and (14.5) as follows:

• Page 9, Line 830-20-1402.  Definitions. As used in this part 14, unless the context otherwise requires:

• Page 9, Line 9(1.7)  "Board of directors" or "board" means the board of directors of the enterprise.

• Page 9, Line 10(4.5)  "Enterprise" means the waste tire management enterprise created in section 30-20-1403.

• Page 9, Line 11(14.5)  "Waste tire enterprise fee" or "enterprise fee" means money collected pursuant to section 30-20-1403 (2.5)(a).

• Page 9, Line 12SECTION 5.  In Colorado Revised Statutes, 30-20-1403, amend

• Page 9, Line 13(2.5)(b)(III), (2.5)(c)(I), and (2.5)(c)(II); and repeal (1.5), (2.5)(a), (2.5)(c)(III), and (3)(a) as follows:

• Page 9, Line 1430-20-1403.  Waste tire recycling, beneficial reuse, and

• Page 9, Line 15management - waste tire fees - distribution - rules - repeal.

• Page 9, Line 16(1.5)  Enterprise. (a) (I)  There is created in the department the waste tire

• Page 9, Line 17management enterprise. The enterprise is and operates as a

• Page 9, Line 18government-owned business within the department to collect the waste

• Page 9, Line 19tire enterprise fee charged by retailers of new tires pursuant to subsection

• Page 10, Line 1(2.5) of this section and to use the waste tire enterprise fee to promote

• Page 10, Line 2waste tire recycling, beneficial reuse, and management strategies in Colorado.

• Page 10, Line 3(II)  The enterprise is and operates as a government-owned

• Page 10, Line 4business within the department for the purpose of conducting the business

• Page 10, Line 5activities specified in this section. The enterprise is a type 1 entity, as

• Page 10, Line 6defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

• Page 10, Line 7(III)  The enterprise constitutes an enterprise for purposes of

• Page 10, Line 8section 20 of article X of the state constitution so long as it retains the

• Page 10, Line 9authority to issue revenue bonds and receives less than ten percent of its

• Page 10, Line 10total revenues in grants from all Colorado state and local governments

• Page 10, Line 11combined. So long as it constitutes an enterprise pursuant to this

• Page 10, Line 12subsection (1.5)(a), the enterprise is not subject to section 20 of article X of the state constitution.

• Page 10, Line 13(b)  The enterprise's primary powers and duties are to:

• (I)  Collect the waste tire enterprise fee;

• Page 10, Line 14(II)  Promote waste tire recycling, beneficial reuse, and management strategies throughout Colorado;

• Page 10, Line 15(III)  Issue revenue bonds payable from the revenues of the

• Page 10, Line 16enterprise to promote the waste tire recycling, beneficial reuse, and management strategies specified in this section;

• Page 10, Line 17(IV)  Publish each year, on the department's website and as

• Page 10, Line 18otherwise deemed appropriate by the board, the waste tire recycling,

• Page 10, Line 19beneficial reuse, and management strategies that the board has prioritized through the collection of the waste tire enterprise fee;

• Page 10, Line 20(V)  Adopt, amend, or repeal policies for the regulation of the

• Page 11, Line 1enterprise's affairs and the conduct of the enterprise's business consistent with this part 14;

• Page 11, Line 2(VI) (A)  Contract with any public or private entity, including state

• Page 11, Line 3agencies, consultants, and the attorney general's office, for professional

• Page 11, Line 4and technical assistance, office space and administrative services, advice,

• Page 11, Line 5and other services related to the conduct of the affairs of the enterprise.

• Page 11, Line 6The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids.

• Page 11, Line 7(B)  The enterprise shall pay a fair market rate to any public entity,

• Page 11, Line 8private entity, contractor, or consultant, which may include a state agency,

• Page 11, Line 9the attorney general's office, or the department, that is hired by the enterprise to perform duties pursuant to this subsection (1.5)(b).

• Page 11, Line 10(VII)  Prepare and submit an annual financial report pursuant to subsection (1.5)(i) of this section.

• Page 11, Line 11(c)  The enterprise is governed by a board of directors. The board consists of the following nine members:

• Page 11, Line 12(I)  Two members appointed by the executive director of the

• Page 11, Line 13department to represent the department, including one with expertise in sustainability and one with expertise in compliance;

• Page 11, Line 14(II)  One member appointed by the executive director of the

• Page 11, Line 15department who represents a county that has experience with the management of waste tires; and

• Page 11, Line 16(III)  Six members appointed by the executive director of the

• Page 11, Line 17department who are representatives of nonprofit and for-profit entities

• Page 11, Line 18engaged in the recovery, recycling, reuse, and management of waste tires,

• Page 11, Line 19including a tire retailer, a waste tire collection facility, a waste tire

• Page 11, Line 20processor, and a waste tire hauler. To the extent practicable, the

• Page 12, Line 1representation of nonprofit and for-profit entities must be balanced equally.

• Page 12, Line 2(d)  Of the members appointed to the board of directors pursuant

• Page 12, Line 3to subsection (1.5)(c)(III) of this section, at least one member must do business in a rural county in the state.

• Page 12, Line 4(e) (I)  The member representing the department who has expertise

• Page 12, Line 5in sustainability and is appointed pursuant to subsection (1.5)(c)(I) of this section shall call the first meeting of the board.

• Page 12, Line 6(II)  The board shall elect a chair from among its members to serve for a term not to exceed two years.

• Page 12, Line 7(III)  The board shall meet quarterly, and the chair of the board

• Page 12, Line 8may call additional meetings as necessary for the board to complete its duties.

• Page 12, Line 9(IV)  The term of office for a board member is three years; except

• Page 12, Line 10that four of the six members appointed pursuant to subsection (1.5)(c)(III)

• Page 12, Line 11of this section serve initial terms of two years. A board member may serve unlimited terms.

• Page 12, Line 12(f) (I)  A member of the board of directors, except for members

• Page 12, Line 13appointed pursuant to subsections (1.5)(c)(I) and (1.5)(c)(II) of this

• Page 12, Line 14section, may receive a per diem stipend while on official enterprise business.

• Page 12, Line 15(II)  The per diem stipend shall be at least equal to the Colorado

• Page 12, Line 16state employee per diem for intra-state travel as established by the department of personnel.

• Page 12, Line 17(III)  All members of the board of directors may receive

• Page 12, Line 18reimbursement for actual and necessary expenses incurred while on

• Page 12, Line 19official enterprise business.

• Page 13, Line 1(IV)  The enterprise may use money in the waste tire management

• Page 13, Line 2enterprise fund, created in section 30-20-1404, to pay the per diem

• Page 13, Line 3stipend to a board member and to reimburse a board member for actual

• Page 13, Line 4and necessary expenses incurred as part of the enterprise's operating expenses.

• Page 13, Line 5(g)  The department shall provide office space and administrative

• Page 13, Line 6staff to the enterprise, if requested by the board. In accordance with

• Page 13, Line 7subsection (1.5)(b)(VI)(B) of this section, the enterprise shall pay the

• Page 13, Line 8department a fair market rate for any office space or administrative staff used by the board in performance of the enterprise's duties.

• Page 13, Line 9(h) (I)  The department may transfer money from any legally

• Page 13, Line 10available source to the enterprise for the purpose of defraying expenses

• Page 13, Line 11incurred by the enterprise before it receives fee revenue. The enterprise

• Page 13, Line 12may accept and expend any money so transferred, and, notwithstanding

• Page 13, Line 13any state fiscal rule or generally accepted accounting principle that could

• Page 13, Line 14otherwise be interpreted to require a contrary conclusion, such a transfer

• Page 13, Line 15is a loan from the department to the enterprise that is required to be repaid

• Page 13, Line 16and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7).

• Page 13, Line 17(II)  All money transferred as a loan to the enterprise must be

• Page 13, Line 18credited to the waste tire administration, enforcement, market

• Page 13, Line 19development, and cleanup fund, created in section 30-20-1404 (1)(a).

• Page 13, Line 20Loan liabilities that are recorded in the waste tire administration,

• Page 13, Line 21enforcement, market development, and cleanup fund but that are not

• Page 13, Line 22required to be paid in the current state fiscal year shall not be considered

• Page 13, Line 23when calculating sufficient statutory fund balance for purposes of section

• Page 13, Line 2424-75-109.

• Page 14, Line 1(III)  As the enterprise receives sufficient revenue in excess of

• Page 14, Line 2expenses, it shall reimburse the department for the principal amount of

• Page 14, Line 3any loan made by the department, plus interest at a rate agreed upon by the department and the enterprise.

• Page 14, Line 4(i) (I)  On or before June 30, 2026, and every June 30 of each year

• Page 14, Line 5thereafter, the enterprise shall prepare and submit an annual financial

• Page 14, Line 6report to legislative council staff and the joint budget committee of the general assembly.

• Page 14, Line 7(II)  The financial report prepared by the enterprise pursuant to

• Page 14, Line 8subsection (1.5)(i)(I) of this section must include the enterprise's

• Page 14, Line 9projected revenue and expenditures and proposed budget for the following fiscal year.

• Page 14, Line 10(III)  The enterprise shall post a copy of the enterprise's financial report on the enterprise's public website.

• Page 14, Line 11(2.5)  Waste tire administration fee. (a) (I)  Effective July 1,

• Page 14, Line 122025, retailers of new motor vehicle tires and new trailer tires shall

• Page 14, Line 13collect a waste tire enterprise fee in an amount to be set by the enterprise,

• Page 14, Line 14in coordination with the commission. The waste tire enterprise fee

• Page 14, Line 15amount must not exceed two dollars and fifty cents on the sale of each

• Page 14, Line 16new tire. The maximum per tire enterprise fee amount may be adjusted by

• Page 14, Line 17the enterprise every two years in accordance with any annual percentage

• Page 14, Line 18change in the United States department of labor's bureau of labor statistics

• Page 14, Line 19consumer price index for the Denver-Aurora-Lakewood metropolitan area

• Page 14, Line 20for all items paid by all urban consumers, or its applicable successor index.

• Page 14, Line 21(II)  Effective July 1, 2025, the board of directors may review the

• Page 14, Line 22waste tire enterprise fee on an annual basis and, in accordance with the

• Page 15, Line 1fee amount limit set forth in subsection (2.5)(a)(I) of this section, adjust

• Page 15, Line 2the waste tire fee amount so that the waste tire enterprise fee is imposed in an amount that is:

• Page 15, Line 3(A)  Reasonably related to the direct and indirect costs of operating

• Page 15, Line 4the enterprise in accordance with this part 14 and the services provided

• Page 15, Line 5by the enterprise, which costs must not exceed the equivalent of one-half

• Page 15, Line 6of the waste tire enterprise fee collected for each new tire sold pursuant to this subsection (2.5);

• Page 15, Line 7(B)  Sufficient to pay costs associated with providing rebates as described in section 30-20-1405; and

• Page 15, Line 8(C)  Sufficient to provide grants to eligible entities pursuant to the waste tire management grant program established in section 30-20-1418.

• Page 15, Line 9(b) (III)  The waste tire administration fee amount must be at

• Page 15, Line 10least fifty cents and must not exceed half of the amount of the waste

• Page 15, Line 11tire enterprise fee one dollar and twenty-five cents; except that the

• Page 15, Line 12minimum amount of the waste tire administration fee on the sale of each

• Page 15, Line 13new tire must be fifty cents or more commission, in coordination with

• Page 15, Line 14the department, may adjust the administration fee every two

• Page 15, Line 15years in accordance with any annual percentage change in the

• Page 15, Line 16United States department of labor's bureau of labor statistics

• Page 15, Line 17consumer price index for the Denver-Aurora-Lakewood

• Page 15, Line 18metropolitan area for all items paid by all urban consumers, or its applicable successor index.

• Page 15, Line 19(c) (I)  On and after July 1, 2025, retailers of new motor vehicle

• Page 15, Line 20tires and new trailer tires shall collect both the enterprise fee and the administration fee from the consumer at the point of sale.

• Page 15, Line 21(II)  The receipt from the retailer to the consumer for every new

• Page 16, Line 1motor vehicle tire or new trailer tire purchased must contain the following

• Page 16, Line 2statement in the largest bold-faced type capable based on point-of-sale

• Page 16, Line 3software and on existing invoice printers, not to exceed fifteen points:

• Page 16, Line 4"Section 30-20-1403, Colorado Revised Statutes, requires retailers to

• Page 16, Line 5collect a waste tire enterprise fee set by the waste tire management

• Page 16, Line 6enterprise, which is a government-owned business within the

• Page 16, Line 7department of public health and environment, and a waste tire

• Page 16, Line 8administration fee set by the solid and hazardous waste commission on the sale of each new motor vehicle tire and each new trailer tire."

• Page 16, Line 9(III)  The retailer shall submit to the enterprise by the twentieth day

• Page 16, Line 10of each quarter of each calendar year the enterprise fee collected pursuant

• Page 16, Line 11to this section in the preceding quarter of the calendar year, together with

• Page 16, Line 12any report required by the enterprise. The enterprise shall transmit the

• Page 16, Line 13enterprise fees to the state treasurer, who shall credit them in accordance

• Page 16, Line 14with subsection (3)(a) of this section or as specified in rules promulgated by the commission.

• Page 16, Line 15(3) (a)  Beginning on July 1, 2025, the state treasurer shall

• Page 16, Line 16distribute the revenue from the waste tire enterprise fee assessed in subsection (2.5)(a) of this section as follows:

• Page 16, Line 17(I)  The portion of the enterprise fee collected to cover the costs

• Page 16, Line 18described in subsection (2.5)(a)(II)(A) of this section to the waste tire management enterprise fund created in section 30-20-1404;

• Page 16, Line 19(II)  The portion of the enterprise fee collected to cover the costs

• Page 16, Line 20described in subsection (2.5)(a)(II)(B) of this section to the end users fund created in section 30-20-1405;

• Page 16, Line 21(III)  All interest earned on the investment of money in the waste

• Page 16, Line 22tire management enterprise fund to the waste tire management enterprise

• Page 17, Line 1fund. Any unexpended and unencumbered money in the waste tire

• Page 17, Line 2management enterprise fund at the end of any fiscal year shall remain in the waste tire management enterprise fund.

• Page 17, Line 3(IV)  All interest earned on the investment of money in the end

• Page 17, Line 4users fund to the end users fund. Any unexpended and unencumbered

• Page 17, Line 5money in the end users fund at the end of any fiscal year shall remain in the end users fund.

• Page 17, Line 6SECTION 6.  In Colorado Revised Statutes, repeal 30-20-1404 as follows:

• Page 17, Line 730-20-1404.  Waste tire management enterprise fund - creation

• Page 17, Line 8- rules.(1) (a)  There is created in the state treasury the waste tire

• Page 17, Line 9management enterprise fund, referred to in this section as the "fund",

• Page 17, Line 10consisting of the fee revenue credited pursuant to section 30-20-1403

• Page 17, Line 11(2.5)(a) and any other money appropriated or transferred to it. Money

• Page 17, Line 12credited to the fund is continuously appropriated to the enterprise for the

• Page 17, Line 13purposes set forth in this section and to pay the enterprise's reasonable and necessary operating expenses.

• Page 17, Line 14(b)  The state treasurer shall credit all interest earned on the

• Page 17, Line 15investment of money in the fund to the fund. Any unexpended and

• Page 17, Line 16unencumbered money in the fund at the end of any fiscal year shall remain in the fund.

• Page 17, Line 17(2)  The enterprise may, in consultation with the department, use the money in the fund for:

• Page 17, Line 18(a)   Collecting the waste tire enterprise fee assessed in section 30-20-1403 (2.5)(a);

• Page 17, Line 19(b) (I)  Inspecting retailers to determine whether all fees are being

• Page 17, Line 20collected;

• (II)  This subsection (2)(b) is repealed, effective July 1, 2025.

• Page 18, Line 1(c) (I)  Enforcing the requirements of this part 14 pursuant to existing authority, including sections 30-20-113 and 30-20-114;

• Page 18, Line 2(II)  This subsection (2)(c) is repealed, effective July 1, 2025.

• Page 18, Line 3(d) (I)  Developing a system to address the receipt by registered persons of unmanifested waste tires from unregistered haulers;

• Page 18, Line 4(II)  This subsection (2)(d) is repealed, effective July 1, 2025.

• (e)  Repealed.

• Page 18, Line 5(f)  Hiring a contractor to clean up waste tires and tire-derived

• Page 18, Line 6product that have been illegally disposed of or have been disposed of at

• Page 18, Line 7a landfill pursuant to section 30-20-1009 (2) and funding a grant program

• Page 18, Line 8to reimburse local governing authorities for cleaning up waste tires and

• Page 18, Line 9tire-derived products that have been illegally disposed of or have been disposed of at a landfill pursuant to section 30-20-1009 (2);

• Page 18, Line 10(g)  Financing one-time or occasional community cleanup events

• Page 18, Line 11where waste tires are accepted for drop-off by persons not engaged in

• Page 18, Line 12commercial or industrial activity and where, at the conclusion of the

• Page 18, Line 13event, the waste tires are either picked up by a registered waste tire hauler or transported to a registered waste tire hauler or to any registered facility;

• Page 18, Line 14(h)  Training and hiring contractors to provide training in the implementation of this part 14;

• Page 18, Line 15(i) (I)  Providing grants to law enforcement, fire departments, local

• Page 18, Line 16health departments, state agencies, and any other applicable entities for purchasing equipment and supplies to implement this part 14;

• Page 18, Line 17(II)  This subsection (2)(i) is repealed, effective July 1, 2025.

• Page 18, Line 18(j) (I)  Training of and enforcement by entities that enforce this

• Page 18, Line 19part 14;

• (II)  This subsection (2)(j) is repealed, effective July 1, 2025.

• Page 19, Line 1(k) (I)  Awarding grants and developing educational programs for

• Page 19, Line 2enforcement, fire prevention and suppression, proper waste tire management and disposal, training, and customer technical assistance;

• Page 19, Line 3(II)  This subsection (2)(k) is repealed, effective July 1, 2025.

• Page 19, Line 4(l) (I)  Maintaining an online complaint form and processes for law

• Page 19, Line 5enforcement, fire departments, and citizens to report potential waste tire violations;

• Page 19, Line 6(II)  This subsection (2)(l) is repealed, effective July 1, 2025.

• (m) and (n)  Repealed.

• Page 19, Line 7(o)  Encouraging waste tire market development;

• Page 19, Line 8(p)  Reimbursing the division of fire prevention and control in the department of public safety for:

• Page 19, Line 9(I)  Inspections of facilities where waste tires are present

• Page 19, Line 10conducted by the division to determine whether the waste tire collection

• Page 19, Line 11facilities, waste tire processors, and waste tire monofills are in

• Page 19, Line 12compliance with the rules promulgated by the director of the division pursuant to section 24-33.5-1203.5 (2); and

• Page 19, Line 13(II)  Technical and other assistance the division provides to the

• Page 19, Line 14department or the public related to waste tires, including assistance related to:

• Page 19, Line 15(A)  The development of fire prevention education materials; and

• (B)  Review of fire prevention plans.

• Page 19, Line 16(III)  This subsection (2)(p) is repealed, effective July 1, 2025.

• Page 19, Line 17(q)  The payment of any bonds issued pursuant to section 30-20-1403 (1.5)(b);

• Page 19, Line 18(r)  Reimbursement of any contractors used for cleanup and

• Page 20, Line 1remediation activities engaged in pursuant to subsections (2)(f) and (2)(g) of this section;

• Page 20, Line 2(s)  The payment of per diem and the reimbursement of actual and

• Page 20, Line 3necessary expenses for board members while on official enterprise business;

• Page 20, Line 4(t)  Funding grants in accordance with the waste tire management grant program established in section 30-20-1418; and

• Page 20, Line 5(u)  Any other activity necessary to implement section 30-20-1403, as determined by the board of directors.

• Page 20, Line 6(3) (a)  If the department is denied access or if consent to access

• Page 20, Line 7has not been given to clean up a site where the department reasonably

• Page 20, Line 8believes waste tires exist illegally, the department may obtain from the

• Page 20, Line 9district court for the judicial district in which the property is located a warrant to enter the property and remove the waste tires.

• Page 20, Line 10(b)  This subsection (3) is repealed, effective July 1, 2025.

• Page 20, Line 11(4) (a)  In addition to any penalties assessed, the department may

• Page 20, Line 12issue an order requiring the owner or operator to compensate the

• Page 20, Line 13department for the cost of remediation of the site, and the department may

• Page 20, Line 14request the attorney general to bring suit for compensation from the

• Page 20, Line 15owner or operator for money expended remediating the site. The

• Page 20, Line 16department shall use the recovered moneys to reimburse the fund for

• Page 20, Line 17actual costs of remediating the site and of seeking compensation pursuant

• Page 20, Line 18to this section. The state treasurer shall credit all additional moneys to the general fund.

• Page 20, Line 19(b)  The department may place a lien on a property on which the

• Page 20, Line 20department funds the remediation of waste tires pursuant to this section

• Page 20, Line 21until the costs of remediation have been repaid to the department. If

• Page 21, Line 1complete repayment has not been made before a sale of the property, the

• Page 21, Line 2department shall be repaid in full, to the extent possible, from proceeds of the sale.

• Page 21, Line 3(c)  This subsection (4) is repealed, effective July 1, 2025.

• Page 21, Line 4(5)  (a)  In providing assistance pursuant to this section, the

• Page 21, Line 5enterprise shall give primary consideration to protection of public health and the environment.

• Page 21, Line 6(b)  In awarding contracts for services pursuant to this section, the

• Page 21, Line 7enterprise may give preferential bidding treatment to individuals or

• Page 21, Line 8entities that will recycle, pursuant to rules of the department concerning recycling, and reuse, rather than dispose of, the waste tires.

• Page 21, Line 9(6)  The enterprise shall, either itself or through a contractor, create a priority abatement list of illegal waste tire disposal sites.

• Page 21, Line 10(7)  The enterprise, in coordination with the department and the

• Page 21, Line 11department of transportation, shall systematically investigate and research

• Page 21, Line 12the use of tire-derived aggregates in technically feasible and economically

• Page 21, Line 13viable civil applications associated with the department of transportation's

• Page 21, Line 14roadway mission. The department shall include any findings regarding

• Page 21, Line 15tire-derived aggregates, as appropriate, in the department's annual report to the general assembly.

• Page 21, Line 16(8) (a)  Notwithstanding any other provision of this section, on

• Page 21, Line 17June 30, 2020, the state treasurer shall transfer five million three hundred

• Page 21, Line 18seventy-two thousand four hundred fifteen dollars from the fund to the general fund.

• Page 21, Line 19(b)  This subsection (8) is repealed, effective July 1, 2025.

• Page 21, Line 20SECTION 7.  In Colorado Revised Statutes, 30-20-1405, amend

• Page 21, Line 21(1)(a), (1)(b), (2)(a) introductory portion, (3), (4)(a), (4)(b) introductory

• Page 22, Line 1portion, (5) introductory portion, (5)(c), (5)(e) introductory portion, (6)

• Page 22, Line 2introductory portion, (6)(b)(II), (7), (8) introductory portion, and (9) as follows:

• Page 22, Line 330-20-1405.  End users fund - creation - quarterly rebates -

• Page 22, Line 4rules - repeal. (1) (a)  There is created in the state treasury the end users

• Page 22, Line 5fund, referred to in this section as the "fund", consisting of the fee

• Page 22, Line 6revenue credited pursuant to section 30-20-1403 (3)(a)(II) any money

• Page 22, Line 7that the general assembly may appropriate or transfer to the fund.

• Page 22, Line 8(b)  The state treasurer shall credit all interest and any other return

• Page 22, Line 9on the investment of money in the fund to the fund. Money credited to the

• Page 22, Line 10fund is continuously appropriated to the enterprise department for the purposes set forth in this section.

• Page 22, Line 11(2) (a)  The enterprise, in consultation with the department shall use the money in the fund to provide quarterly rebates to in-state:

• Page 22, Line 12(3)  The rebate is subject to the following conditions:

• Page 22, Line 13(a)  The enterprise department shall pay the rebate amount quarterly, on a per-ton basis; and

• Page 22, Line 14(b)  Once the enterprise department has paid a rebate on a

• Page 22, Line 15particular quantity of tire-derived product, every part of that particular

• Page 22, Line 16quantity of tire-derived product is no longer eligible for payment of the rebate.

• Page 22, Line 17(4) (a)  The enterprise department, in consultation with the

• Page 22, Line 18commission, shall annually set the amount of the rebate, on a per-ton

• Page 22, Line 19basis, and the enterprise department shall pay the set rebate amount for

• Page 22, Line 20each ton of qualified tire-derived product. The enterprise department

• Page 22, Line 21shall calculate the rebate to equal, but not exceed, the amount of the

• Page 23, Line 1anticipated income transferred into the fund during each succeeding twelve-month period.

• Page 23, Line 2(b)  Each year, the enterprise department shall continue to

• Page 23, Line 3provide the rebate in accordance with the tiered structure set forth in subsection (5)(e) of this section until:

• Page 23, Line 4(5)  The commission shall promulgate rules governing

• Page 23, Line 5administration of the rebate. On and after the effective date of this

• Page 23, Line 6section, as amended, the commission shall consult with the enterprise

• Page 23, Line 7department in adopting rules governing administration of the rebate. The commission's rules must include the following:

• Page 23, Line 8(c)  If the balance of the fund is anticipated to be insufficient to

• Page 23, Line 9pay out all of the rebates applied for, a requirement that the enterprise department:

• Page 23, Line 10(I)  Alternative daily cover must verify with the enterprise

• Page 23, Line 11department that the alternative daily cover meets all specification

• Page 23, Line 12standards for all type-B tire-derived aggregate, as established by the ASTM standard D6270; and

• Page 23, Line 13(II)  Tire-derived aggregate must verify with the enterprise

• Page 23, Line 14department that the tire-derived aggregate meets all specification

• Page 23, Line 15standards for all type-A and type-B tire-derived aggregate, as established by the ASTM standard D6270; and

• Page 23, Line 16(e)  Three tiers of rebate amounts that the enterprise department

• Page 23, Line 17may pay out based on the amount of the waste tire that was used and destroyed as follows:

• Page 23, Line 18(6)  The enterprise department:

• (b)  May deny:

• Page 23, Line 19(II)  All future rebates pursuant to this section and grants of money

• Page 24, Line 1from the waste tire management enterprise fund created in section

• Page 24, Line 230-20-1404 to an applicant that knowingly or intentionally provides false

• Page 24, Line 3information to the enterprise department when applying for a rebate. or for a grant of money from the waste tire management enterprise fund

• Page 24, Line 4(7)  Waste tires obtained from rural counties are eligible for an

• Page 24, Line 5additional rebate amount of twenty-five dollars per ton; however, the

• Page 24, Line 6additional rebate amount must not exceed the rebate amount for tier 3

• Page 24, Line 7rebates as determined by rule pursuant to subsection (5)(e)(III) of this

• Page 24, Line 8section. To qualify for the additional rebate amount set forth in this

• Page 24, Line 9subsection (7), an end user must provide evidence to the enterprise department documenting the county of origin for each waste tire.

• Page 24, Line 10(8)  The enterprise department shall require that an end user

• Page 24, Line 11submit an application for a rebate that contains self-certifications provided by the end user regarding:

• Page 24, Line 12(9) (a)  On or after January 1, 2026, and until December 31, 2041,

• Page 24, Line 13the enterprise department may issue rebates applied for pursuant to this section.

• Page 24, Line 14(b)  The commission, in consultation with the enterprise

• Page 24, Line 15department, shall repeal any rules concerning the fund and

• Page 24, Line 16implementation of this section once the enterprise department has issued the final rebates pursuant to subsection (9)(a) of this section.

• Page 24, Line 17SECTION 8.  In Colorado Revised Statutes, repeal 30-20-1418 as follows:

• Page 24, Line 1830-20-1418.  Waste tire management grant program -

• Page 24, Line 19definitions - repeal.(1)  As used in this section, unless the context otherwise requires:

• Page 24, Line 20(a)  "Eligible entity" means the following entities that provide

• Page 25, Line 1services related to waste tire recycling, beneficial reuse, and management in Colorado:

• Page 25, Line 2(I)  Municipalities, counties, and cities and counties;

• Page 25, Line 3(II)  Nonprofit and for-profit businesses involved in waste tire recycling, beneficial reuse, and management; and

• Page 25, Line 4(III)  Institutions of higher education and public or private schools.

• Page 25, Line 5(b)  "Grant program" means the waste tire management grant program created in this section.

• Page 25, Line 6(2) (a)  There is created the waste time management grant program, which shall be administered by the enterprise.

• Page 25, Line 7(b)  The enterprise shall, subject to available appropriations and

• Page 25, Line 8revenues, award grants from the waste tire management enterprise fund, created in section 30-20-1404, in accordance with this section.

• Page 25, Line 9(3) (a)  The purpose of the grant program is to:

• Page 25, Line 10(I)  Promote the development of waste tire recycling, beneficial reuse, and management strategies in accordance with this part 14;

• Page 25, Line 11(II)  Develop waste tire recycling, beneficial reuse, and management facilities and infrastructure; and

• Page 25, Line 12(III)  Expand waste tire recycling, beneficial reuse, and management services to fee payers.

• Page 25, Line 13(b)  The grant program is intended to provide economic and

• Page 25, Line 14technical assistance to eligible entities in their efforts related to the recycling, beneficial reuse, and management of waste tires.

• Page 25, Line 15(4) (a)  An eligible entity may submit an application to the

• Page 25, Line 16enterprise for a grant pursuant to the application policies and procedures established by the board.

• Page 25, Line 17(b)  At a minimum, an application submitted to the board must include the following information:

• Page 26, Line 1(I)  An application narrative that describes how the eligible entity

• Page 26, Line 2will use the grant, including how the grant will promote the recycling, beneficial reuse, and management of waste tires;

• Page 26, Line 3(II)  An estimate of the cost of the equipment, infrastructure, or

• Page 26, Line 4project the eligible entity is intending to fund with the grant and whether

• Page 26, Line 5the equipment, infrastructure, or project meets the requirements specified in subsection (5) of this section;

• Page 26, Line 6(III)  The amount of in-kind contributions or matching funds, if

• Page 26, Line 7any, to the project budget from the applicant or other sources outside of the grant; and

• Page 26, Line 8(IV)  Whether there is local community support for the grant application.

• Page 26, Line 9(5) (a)  The board may award grants to eligible entities for the following purposes:

• Page 26, Line 10(I)  The purchase of waste tire recycling, beneficial reuse, and management equipment or infrastructure;

• Page 26, Line 11(II)  Staffing of waste tire recycling, beneficial reuse, and management facilities;

• Page 26, Line 12(III)  Marketing and communications for waste tire recycling, beneficial reuse, and management services;

• Page 26, Line 13(IV)  Policy and research development related to waste tire recycling, beneficial reuse, and management strategies;

• Page 26, Line 14(V)  Community engagement regarding waste tire recycling, beneficial reuse, and management; and

• Page 26, Line 15(VI)  Other projects or uses as determined by the board.

• Page 26, Line 16(b) (I)  The board may award grants to an eligible entity for the

• Page 27, Line 1purchase of equipment or infrastructure, but no more than fifty percent of

• Page 27, Line 2the cost of any equipment or infrastructure can be funded through the grant program.

• Page 27, Line 3(II)  The board may award grants to an eligible entity that fund one

• Page 27, Line 4hundred percent of the cost of a project that does not involve the purchase of equipment or infrastructure.

• Page 27, Line 5(c)  In awarding grants to eligible entities, the board is subject to the following conditions:

• Page 27, Line 6(I)  Up to forty percent of the enterprise's annual grant funding may go to a single award; and

• Page 27, Line 7(II)  If the board awards a grant to an eligible entity for the

• Page 27, Line 8purchase of infrastructure or equipment, the eligible entity is ineligible to receive a grant for the following five years.

• Page 27, Line 9(6) (a) (I)  The board shall establish criteria and policies to

• Page 27, Line 10determine which grants to award from the grant applications, which criteria and policies it shall make available to applicants.

• Page 27, Line 11(II)  The board shall give priority to projects that advance

• Page 27, Line 12sustainable design, production, recoverability, reuse, repair, or recycling

• Page 27, Line 13of waste tires, with the highest priority given to projects that would keep waste tire material available for remanufacturing.

• Page 27, Line 14(b)  The board shall establish policies for the grant program, which must include:

• Page 27, Line 15(I)  An application form and application procedures;

• Page 27, Line 16(II)  A deadline each year for when grant program applications must be submitted;

• Page 27, Line 17(III)  A policy that requires a grant recipient to enter into a grant

• Page 27, Line 18agreement with the board that includes a scope of work and deadlines for the achievement of that work;

• Page 28, Line 1(IV)  Criteria for measuring progress of the projects that receive funding through the grant program;

• Page 28, Line 2(V)  A policy that requires annual reporting by grant recipients on the progress of the project financed by the grant; and

• Page 28, Line 3(VI)  A policy regarding a grant recipient's noncompliance with the

• Page 28, Line 4grant agreement entered into by the grant recipient and the board, which

• Page 28, Line 5policy may include a mechanism for the board to convert the grant recipient's grant to a loan with interest.

• Page 28, Line 6(7) (a)  The grant program is funded by the waste tire enterprise

• Page 28, Line 7fee. The board may designate up to ten percent of the revenue generated from the enterprise fee to the grant program in any given year.

• Page 28, Line 8(b)  The board shall not award any grants to eligible entities through the grant program after December 31, 2040.

• Page 28, Line 9(8)  This section is repealed, effective December 31, 2042.

• Page 28, Line 10SECTION 9.  In Colorado Revised Statutes, 39-21-102, amend (7) as follows:

• Page 28, Line 1139-21-102.  Scope. (7)  The provisions of This article 21 apply

• Page 28, Line 12applies to the fees imposed pursuant to part 3 of article 38.5 of title 24

• Page 28, Line 13and article 7.5 of title 25, and the fees collected pursuant to section

• Page 28, Line 1440-10.1-607.5, but only to the extent that the provisions of this article 21

• Page 28, Line 15are not inconsistent with the provisions of part 3 of article 38.5 of title 24 and article 7.5 of title 25. and section 40-10.1-607.5

• Page 28, Line 16SECTION 10.  In Colorado Revised Statutes, 39-21-119.5, repeal (2)(r), (4)(d)(II), and (4)(k) as follows:

• Page 28, Line 1739-21-119.5.  Mandatory electronic filing of returns -

• Page 28, Line 18mandatory electronic payment - penalty - waiver - definitions.

• Page 29, Line 1(2)  Except as provided in subsection (6) of this section, the executive

• Page 29, Line 2director may, as specified in subsection (3) of this section, require the

• Page 29, Line 3electronic filing of returns and require the payment of any tax or fee due by electronic funds transfer for the following:

• Page 29, Line 4(r)  Any daily vehicle rental fee report required to be filed and payment required to be made pursuant to section 43-4-804 (1)(b)(II);

• Page 29, Line 5(4)  Except as provided in subsection (6) of this section, on and

• Page 29, Line 6after August 2, 2019, electronic filing of returns and the payment of any tax or fee by electronic funds transfer is required for the following:

• Page 29, Line 7(d) (II)  Any road usage fee report or bridge and tunnel impact fee

• Page 29, Line 8report required to be filed with a gasoline or special fuel report pursuant to section 43-4-217 (7);

• Page 29, Line 9(k)  Any clean fleet per ride fee and air pollution mitigation per

• Page 29, Line 10ride fee return required to be filed and payment required pursuant to section 40-10.1-607.5;

• Page 29, Line 11SECTION 11.  In Colorado Revised Statutes, 39-26-706, amend (5) as follows:

• Page 29, Line 1239-26-706.  Miscellaneous sales and use tax exemptions -

• Page 29, Line 13internet access - refractory materials - precious metal bullion and

• Page 29, Line 14coins. (5)  On and after July 1, 2010 July 1, 2025, the collection of the

• Page 29, Line 15waste tire any fee pursuant to section 30-20-1403, C.R.S., is exempt from taxation under part 1 of this article article 26.

• Page 29, Line 16SECTION 12.  In Colorado Revised Statutes, 39-27-301, amend (1), (4), and (6); and repeal (3.3) as follows:

• Page 29, Line 1739-27-301.  Definitions. As used in this part 3, unless the context otherwise requires:

• Page 29, Line 18(1)  "Agreement" means a motor fuel tax and fee agreement under this part 3.

• Page 30, Line 1(3.3)  "Fee" means the road usage fee imposed by section 43-4-217

• Page 30, Line 2(3) and (4) and the bridge and tunnel impact fee imposed by section 43-4-805 (5)(g.5).

• Page 30, Line 3(4)  "Licensee" means a motor carrier who has been issued a fuel tax license under a motor fuel tax and fee agreement.

• Page 30, Line 4(6)  "Motor fuel" means all fuel subject to fees and subject to tax under this article 27.

• Page 30, Line 5SECTION 13.  In Colorado Revised Statutes, repeal 40-10.1-607.5 as follows:

• Page 30, Line 640-10.1-607.5.  Fees - enterprise per ride fees - collection -

• Page 30, Line 7distribution of fee proceeds - enterprise per ride fees fund - rules -

• Page 30, Line 8definitions.(1)  As used in this section, unless the context otherwise requires:

• Page 30, Line 9(a)  "Air pollution mitigation per ride fee" means the air pollution

• Page 30, Line 10mitigation per ride fee imposed by the nonattainment area air pollution mitigation enterprise as required by section 43-4-1303 (7).

• Page 30, Line 11(b)  "Car share ride" means a prearranged ride for which the rider

• Page 30, Line 12agrees, at the time the rider requests the ride through a digital network, to

• Page 30, Line 13be transported with another rider who has separately requested a prearranged ride.

• Page 30, Line 14(c)  "Clean fleet per ride fee" means the clean fleet per ride fee

• Page 30, Line 15imposed by the clean fleet enterprise created in section 25-7.5-103 (1)(a) as required by section 25-7.5-103 (7).

• Page 30, Line 16(d)  "Enterprise per ride fees" means the clean fleet per ride fee and the air pollution mitigation per ride fee.

• Page 30, Line 17(2)  For prearranged rides requested and accepted during state

• Page 31, Line 1fiscal year 2022-23 or any subsequent state fiscal year, each

• Page 31, Line 2transportation network company shall pay to the department of revenue,

• Page 31, Line 3at the time and in the manner prescribed by the department, the enterprise

• Page 31, Line 4per ride fees, which, for the purpose of minimizing compliance costs for

• Page 31, Line 5transportation network companies and administrative costs for the state, the department shall collect on behalf of the enterprises.

• Page 31, Line 6(3)  The department of revenue shall transmit all net enterprise per

• Page 31, Line 7ride fee revenue to the state treasurer, who shall credit the net revenue as follows:

• Page 31, Line 8(a)  All net clean fleet per ride fee revenue shall be credited to the clean fleet enterprise fund created in section 25-7.5-103 (5); and

• Page 31, Line 9(b)  All net air pollution mitigation per ride fee revenue shall be

• Page 31, Line 10credited to the nonattainment area air pollution mitigation enterprise fund created in section 43-4-1303 (5).

• Page 31, Line 11(4)  When collecting the enterprise per ride fees, the department of

• Page 31, Line 12revenue shall retain an amount that does not exceed the total cost of

• Page 31, Line 13collecting, administering, and enforcing the enterprise per ride fees and

• Page 31, Line 14shall transmit the amount retained to the state treasurer, who shall credit

• Page 31, Line 15it to the enterprise per ride fees fund, which is hereby created in the state

• Page 31, Line 16treasury. All money in the enterprise per ride fees fund is continuously

• Page 31, Line 17appropriated to the department of revenue to defray the costs incurred by

• Page 31, Line 18the department in collecting, enforcing, and administering the enterprise per ride fees.

• Page 31, Line 19(5)  The collection, administration, and enforcement of the

• Page 31, Line 20enterprise per ride fees collected as required by subsection (2) of this

• Page 31, Line 21section shall be performed by the executive director of the department of

• Page 31, Line 22revenue in the same manner as the collection, administration, and

• Page 32, Line 1enforcement of state taxes pursuant to article 21 of title 39. The department of revenue may promulgate rules to implement this section.

• Page 32, Line 2SECTION 14.  In Colorado Revised Statutes, 43-4-203, amend (1)(e) and (1)(f); and repeal (1)(g) as follows:

• Page 32, Line 343-4-203.  Sources of revenue. (1)  All net revenue from the

• Page 32, Line 4following sources shall be paid into and credited to the highway users tax fund as soon as it is received:

• Page 32, Line 5(e)  From interest or income earned on the deposit and investment of moneys money in the fund; and

• Page 32, Line 6(f)  From the imposition of electric motor vehicle road usage equalization fees pursuant to section 42-3-304 (25)(a.5). and

• Page 32, Line 7(g)  From the imposition of road usage fees pursuant to section 43-4-217 (3) and (4).

• Page 32, Line 8SECTION 15.  In Colorado Revised Statutes, 43-4-205, amend (6.8)(a) as follows:

• Page 32, Line 943-4-205.  Allocation of fund. (6.8) (a)  Revenue from the electric

• Page 32, Line 10motor vehicle fee, the electric motor vehicle road usage equalization fee,

• Page 32, Line 11and the commercial electric motor vehicle fee imposed pursuant to

• Page 32, Line 12section 42-3-304 (25) that is credited to the highway users tax fund as

• Page 32, Line 13required by section 42-3-304 (25)(a), (25)(a.5), and (25)(a.7) and revenue

• Page 32, Line 14from the road usage fees imposed pursuant to section 43-4-217 (3) and (4)

• Page 32, Line 15that is credited to the highway users tax fund as required by section

• Page 32, Line 1643-4-217 (8) must be allocated and expended in accordance with the formula specified in subsection (6)(b) of this section.

• Page 32, Line 17SECTION 16.  In Colorado Revised Statutes, repeal 43-4-217 as follows:

• Page 32, Line 1843-4-217.  Additional funding - road usage fees - rules -

• Page 33, Line 1legislative declaration - definitions.(1)  The general assembly hereby finds and declares that:

• Page 33, Line 2(a)  State motor fuel excise taxes levied on the purchase of motor

• Page 33, Line 3fuels represent the largest source of state funding for the construction,

• Page 33, Line 4maintenance, and supervision of the highways, roads, and streets of the state;

• Page 33, Line 5(b)  The amount of motor fuel taxes paid for motor fuel used to

• Page 33, Line 6propel a motor vehicle bears a reasonable relationship to the vehicle's use

• Page 33, Line 7of and impact on the highways, roads, and streets of the state because the

• Page 33, Line 8amount of motor fuel used by a vehicle is in large part a function of the amount of miles traveled by the vehicle and the weight of the vehicle;

• Page 33, Line 9(c)  Motor fuel tax rates have not been increased in over

• Page 33, Line 10twenty-five years, and motor fuel tax revenue has not kept pace and will

• Page 33, Line 11not keep pace with inflation or the increased transportation infrastructure demands of the growing population of the state because:

• Page 33, Line 12(I)  The amount of motor fuel tax paid does not depend on the

• Page 33, Line 13price of motor fuel and therefore does not increase when motor fuel

• Page 33, Line 14prices increase but instead depends on the quantity of motor fuel purchased, which for most drivers does not increase over time; and

• Page 33, Line 15(II)  Motor vehicles have become more fuel-efficient over time;

• Page 33, Line 16(d)  It is necessary, appropriate, and in the best interest of the state

• Page 33, Line 17to mitigate the declining purchasing power of motor fuel excise taxes by

• Page 33, Line 18collecting a road usage fee from persons who use the transportation

• Page 33, Line 19system to travel by motor vehicle, basing the amount of the fee on

• Page 33, Line 20reasonable estimates of fee payers' usage of and impact on the system,

• Page 33, Line 21and using fee revenue solely for the construction, maintenance, and

• Page 33, Line 22supervision of the highways of the state;

• Page 34, Line 1(e)  Because motor fuel consumption is reasonably related to use

• Page 34, Line 2of and impact on the transportation system, it is fair to fee payers,

• Page 34, Line 3reasonable, and appropriate to calculate the amount of the road usage fee based on their motor fuel consumption;

• Page 34, Line 4(f)  It is also fair to fee payers, reasonable, and appropriate to

• Page 34, Line 5streamline fee collection by collecting the road usage fee from

• Page 34, Line 6distributors of motor fuels when motor fuel taxes are collected because

• Page 34, Line 7the amount of the fee will be incorporated into the retail price of motor

• Page 34, Line 8fuel and therefore passed on to users of the transportation system in

• Page 34, Line 9precise proportion to their consumption of motor fuel and in reasonable relation to their use of and impact on the transportation system; and

• Page 34, Line 10(g)  In accordance with numerous Colorado judicial precedents, the

• Page 34, Line 11road usage fee and the bridge and tunnel impact fee imposed as

• Page 34, Line 12authorized by section 43-4-805 (5)(g.5) and collected by the department

• Page 34, Line 13of revenue on behalf of the statewide bridge and tunnel enterprise pursuant to this section are fees and are not taxes because:

• Page 34, Line 14(I)  The fees are imposed not to raise revenue for general

• Page 34, Line 15governmental purposes but instead are imposed for the sole purpose of

• Page 34, Line 16funding the construction, maintenance, and supervision of the

• Page 34, Line 17transportation system, with a priority placed on projects that are

• Page 34, Line 18designated as ten-year vision projects on the department's ten-year vision project list;

• Page 34, Line 19(II)  Fee revenue defrays costs incurred by the state in funding

• Page 34, Line 20construction, maintenance, and supervision of the transportation system

• Page 34, Line 21that is necessitated by increased use of the system by the fee payers who use motor vehicles on the transportation system; and

• Page 34, Line 22(III)  The fees are imposed at rates that are reasonably calculated

• Page 35, Line 1to defray the costs of providing the service, are based on the use and

• Page 35, Line 2impact on the transportation system by fee payers, and are thus proportional to the benefits received by fee payers.

• Page 35, Line 3(2)  As used in this section:

• Page 35, Line 4(a)  "Gasoline" means gasoline, as defined in section 39-27-101 (12), that is taxed at the rate specified in section 39-27-102 (1)(a)(II)(A).

• Page 35, Line 5(b)  "Inflation" means the average annual percentage change in the

• Page 35, Line 6United States department of transportation, federal highway

• Page 35, Line 7administration, national highway construction cost index or its applicable

• Page 35, Line 8predecessor or successor index for the five-year period ending on the last

• Page 35, Line 9December 31 before a state fiscal year for which an adjustment to the

• Page 35, Line 10road usage fee imposed pursuant to subsection (3) or (4) of this section is to be made begins.

• Page 35, Line 11(c)  "Special fuel" means special fuel, as defined in section

• Page 35, Line 1239-27-101 (29), that is taxed at the rate specified in section 39-27-102

• Page 35, Line 13(1)(a)(II)(B). "Special fuel" does not include diesel fuel and kerosene to

• Page 35, Line 14which indelible dye meeting federal regulations is added before or upon

• Page 35, Line 15removal from a terminal so long as such fuel is not used for a taxable purpose as described in section 39-27-102.5 (1.5).

• Page 35, Line 16(3) (a)  Except as otherwise provided in subsection (6) of this

• Page 35, Line 17section, on and after April 1, 2023, each distributor of gasoline that pays

• Page 35, Line 18the excise tax imposed on gasoline shall also pay, at the same time and in

• Page 35, Line 19the same manner as the excise tax, a road usage fee in the amount

• Page 35, Line 20specified in subsection (3)(b)(I) of this section or annually calculated by

• Page 35, Line 21the department of revenue as required by subsection (3)(b)(II) or (3)(b)(III) of this section.

• Page 35, Line 22(b) (I)  The amount of the road usage fee for each gallon of

• Page 36, Line 1gasoline acquired, sold, offered for sale, or used in this state from April

• Page 36, Line 21, 2023, through June 30, 2023, and during state fiscal years 2023-24 through 2031-32 is:

• Page 36, Line 3(A)  Two cents per gallon from April 1, 2023, through June 30, 2023;

• Page 36, Line 4(B)  Three cents per gallon for state fiscal year 2023-24;

• (C)  Four cents per gallon for state fiscal year 2024-25;

• Page 36, Line 5(D)  Five cents per gallon for state fiscal year 2025-26;

• (E)  Six cents per gallon for state fiscal year 2026-27;

• Page 36, Line 6(F)  Seven cents per gallon for state fiscal year 2027-28; and

• Page 36, Line 7(G)  Eight cents per gallon for state fiscal years 2028-29 through 2031-32.

• Page 36, Line 8(II)  Except as otherwise provided in subsection (3)(b)(III) of this

• Page 36, Line 9section, the amount of the road usage fee for each gallon of gasoline

• Page 36, Line 10acquired, sold, offered for sale, or used in this state during state fiscal year 2032-33 or during any subsequent state fiscal year is the sum of:

• Page 36, Line 11(A)  The nominal amount of eight cents on December 31, 2030, adjusted for inflation; and

• Page 36, Line 12(B)  The difference between the nominal amount of twenty-two

• Page 36, Line 13cents on December 31, 2030, adjusted for inflation, and the nominal amount of twenty-two cents on December 31, 2030.

• Page 36, Line 14(III)  An adjustment for inflation shall be made pursuant to

• Page 36, Line 15subsection (3)(b)(II) of this section only if the rate of inflation is positive

• Page 36, Line 16and must be the lesser of the actual rate of inflation or five percent. The

• Page 36, Line 17department of revenue shall calculate the inflation adjusted amount of the

• Page 36, Line 18road usage fee for state fiscal year 2032-33 and shall publish the amount

• Page 36, Line 19no later than April 15, 2032.

• Page 37, Line 1(4) (a)  Except as otherwise provided in subsection (6) of this

• Page 37, Line 2section, on and after April 1, 2023, each distributor of special fuel that

• Page 37, Line 3pays the excise tax imposed on special fuel shall also pay, at the same

• Page 37, Line 4time and in the same manner as the excise tax, a road usage fee in the

• Page 37, Line 5amount specified in subsection (4)(b)(I) of this section or annually

• Page 37, Line 6calculated by the department of revenue as required by subsection (4)(b)(II) or (4)(b)(III) of this section.

• Page 37, Line 7(b) (I)  The amount of the road usage fee for each gallon of special

• Page 37, Line 8fuel acquired, sold, offered for sale, or used in this state from April 1,

• Page 37, Line 92023, through June 30, 2023, and during state fiscal years 2023-24 through 2031-32 is:

• Page 37, Line 10(A)  Two cents per gallon from April 1, 2023, through June 30, 2023 ;

• Page 37, Line 11(B)  Three cents per gallon for state fiscal year 2023-24;

• (C)  Four cents per gallon for state fiscal year 2024-25;

• Page 37, Line 12(D)  Five cents per gallon for state fiscal year 2025-26;

• (E)  Six cents per gallon for state fiscal year 2026-27;

• Page 37, Line 13(F)  Seven cents per gallon for state fiscal year 2027-28; and

• Page 37, Line 14(G)  Eight cents per gallon for state fiscal years 2028-29 through 2031-32.

• Page 37, Line 15(II)  Except as otherwise provided in subsection (4)(b)(III) of this

• Page 37, Line 16section, the amount of the road usage fee for each gallon of special fuel

• Page 37, Line 17acquired, sold, offered for sale, or used in this state during state fiscal year 2032-33 or during any subsequent state fiscal year is the sum of:

• Page 37, Line 18(A)  The nominal amount of eight cents on December 31, 2030, adjusted for inflation; and

• Page 37, Line 19(B)  The difference between the nominal amount of twenty and

• Page 38, Line 1one-half cents on December 31, 2030, adjusted for inflation, and the nominal amount of twenty and one-half cents on December 31, 2030.

• Page 38, Line 2(III)  An adjustment for inflation shall be made pursuant to

• Page 38, Line 3subsection (4)(b)(II) of this section only if the rate of inflation is positive

• Page 38, Line 4and must be the lesser of the actual rate of inflation or five percent. The

• Page 38, Line 5department of revenue shall calculate the inflation adjusted amount of the

• Page 38, Line 6road usage fee for state fiscal year 2032-33 and shall publish the amount no later than April 15, 2032.

• Page 38, Line 7(5)  Each distributor of special fuel that pays the excise tax

• Page 38, Line 8imposed on special fuel shall also pay, at the same time and in the same

• Page 38, Line 9manner as the excise tax and the road usage fee imposed pursuant to

• Page 38, Line 10subsections (3) and (4) of this section, a bridge and tunnel impact fee in

• Page 38, Line 11the amount imposed by the statewide bridge and tunnel enterprise as

• Page 38, Line 12authorized by section 43-4-805 (5)(g.5). The collection and

• Page 38, Line 13administration of the bridge and tunnel impact fee by the department of

• Page 38, Line 14revenue on behalf of the statewide bridge and tunnel enterprise is done on

• Page 38, Line 15behalf of the enterprise for the purpose of minimizing compliance costs

• Page 38, Line 16for distributors and administrative costs for the state, and all bridge and

• Page 38, Line 17tunnel impact fee revenue is revenue of the enterprise only and is

• Page 38, Line 18excluded from state fiscal year spending, as defined in section 24-77-102 (17).

• Page 38, Line 19(6) (a)  A distributor is not required to pay the road usage fee

• Page 38, Line 20imposed by subsection (3) or (4) of this section or the bridge and tunnel

• Page 38, Line 21impact fee imposed as authorized by section 43-4-805 (5)(g.5), if the

• Page 38, Line 22distributor would otherwise be liable for the excise tax on the gasoline or

• Page 38, Line 23special fuel subject to the fee but is allowed to sell the gasoline or special

• Page 38, Line 24fuel without payment of the applicable excise tax pursuant to section 39-27-102 (1)(b)(II) or section 39-27-102.5 (2)(b).

• Page 39, Line 1(b)  Gasoline or special fuel removed from a terminal in this state

• Page 39, Line 2by a person licensed as an exporter pursuant to section 39-27-104

• Page 39, Line 3exclusively for delivery to another state is not subject to the road usage

• Page 39, Line 4fee imposed by subsection (3) or (4) of this section or the bridge and tunnel impact fee imposed as authorized by section 43-4-805 (5)(g.5).

• Page 39, Line 5(c)  The burden of proving that gasoline or special fuel is not

• Page 39, Line 6subject to the road usage fee imposed by subsection (3) or (4) of this

• Page 39, Line 7section or the bridge and tunnel impact fee imposed as authorized by

• Page 39, Line 8section 43-4-805 (5)(g.5) is on the distributor under such reasonable

• Page 39, Line 9requirements of proof as the executive director of the department of revenue may prescribe.

• Page 39, Line 10(7)  The collection, administration, and enforcement of the road

• Page 39, Line 11usage fees imposed by subsection (3) or (4) of this section and the bridge

• Page 39, Line 12and tunnel impact fee imposed as authorized by section 43-4-805 (5)(g.5)

• Page 39, Line 13shall be performed by the executive director of the department of revenue

• Page 39, Line 14in the same manner as the collection, administration, and enforcement of

• Page 39, Line 15state gasoline and special fuel taxes pursuant to article 27 of title 39. A

• Page 39, Line 16distributor who pays the road usage fee as required by subsection (3) or

• Page 39, Line 17(4) of this section shall remit the fee, together with any bridge and tunnel

• Page 39, Line 18impact fee that the distributor also pays as required by section 43-4-805

• Page 39, Line 19(5)(g.5) and subsection (5) of this section, to the department of revenue

• Page 39, Line 20at the same time and in the same manner in which the distributor remits

• Page 39, Line 21gasoline or special fuel taxes collected by the distributor as required by

• Page 39, Line 22article 27 of title 39. The department of revenue may promulgate rules to implement this section.

• Page 39, Line 23(8)  In accordance with section 43-4-203 (1)(f), the state treasurer

• Page 40, Line 1shall credit all road usage fee revenue collected as required by this section

• Page 40, Line 2to the highway users tax fund created in section 43-4-201. In accordance

• Page 40, Line 3with section 43-4-805 (5)(g.5), the state treasurer shall credit all bridge

• Page 40, Line 4and tunnel impact fee revenue collected as required by this section to the

• Page 40, Line 5statewide bridge and tunnel enterprise special revenue fund created in

• Page 40, Line 6section 43-4-805 (3)(a). All fees credited to the highway users tax fund

• Page 40, Line 7pursuant to this section shall be allocated from the highway users tax fund

• Page 40, Line 8to the state, counties, and municipalities as required by section 43-4-205 (6.8).

• Page 40, Line 9SECTION 17.  In Colorado Revised Statutes, 43-4-802, amend (2)(c) and (2)(d) as follows:

• Page 40, Line 1043-4-802.  Legislative declaration. (2)  The general assembly further finds and declares that:

• Page 40, Line 11(c)  Increasing funding for designated bridge projects, preventative

• Page 40, Line 12maintenance bridge projects, tunnel projects, and road safety projects in

• Page 40, Line 13the short- and medium-term through the imposition of bridge and road

• Page 40, Line 14safety surcharges a bridge and tunnel impact fee, and other new fees at

• Page 40, Line 15rates reasonably calculated based on the benefits received by the persons

• Page 40, Line 16paying the fees will not only provide funding to complete the projects but

• Page 40, Line 17will also accelerate the state's economic recovery by increasing bridge,

• Page 40, Line 18tunnel, and road construction, repair, reconstruction, and maintenance

• Page 40, Line 19activity, as well as related economic activity, and by employing significant numbers of Coloradans;

• Page 40, Line 20(d)  The creation of a statewide bridge and tunnel enterprise

• Page 40, Line 21authorized to complete designated bridge projects, preventative

• Page 40, Line 22maintenance bridge projects, and tunnel projects, to impose a bridge

• Page 40, Line 23safety surcharge and a bridge and tunnel impact fee and issue revenue

• Page 41, Line 1bonds, and, if required approvals are obtained, to contract with the state

• Page 41, Line 2to receive one or more loans of money received by the state under the

• Page 41, Line 3terms of one or more financed purchase of an asset or certificate of

• Page 41, Line 4participation agreements authorized by this part 8 and to use the revenues

• Page 41, Line 5generated by the bridge safety surcharge and the bridge and tunnel impact

• Page 41, Line 6fee to repay any such loan or loans, will improve the safety and efficiency

• Page 41, Line 7of the state transportation system by allowing the state to accelerate the

• Page 41, Line 8repair, reconstruction, and replacement of structurally deficient,

• Page 41, Line 9functionally obsolete, and rated as poor bridges, to perform preventative

• Page 41, Line 10maintenance on bridges rated as fair and good, and to repair, maintain, and more safely operate tunnels;

• Page 41, Line 11SECTION 18.  In Colorado Revised Statutes, 43-4-804, repeal (1)(b) as follows:

• Page 41, Line 1243-4-804.  Highway safety projects - surcharges and fees -

• Page 41, Line 13crediting of money to highway users tax fund - definition. (1)  The

• Page 41, Line 14following surcharges, fees, and fines shall be collected and credited to the

• Page 41, Line 15highway users tax fund created in section 43-4-201 (1)(a) and allocated

• Page 41, Line 16to the state highway fund, counties, and municipalities as specified in section 43-4-205 (6.3):

• Page 41, Line 17(b) (I) (A)  Except as otherwise provided in subsections (1)(b)(III)

• Page 41, Line 18and (1)(b)(IV) of this section, a daily vehicle rental fee is imposed on all

• Page 41, Line 19short-term vehicle rentals at the rate of two dollars per day; except that a

• Page 41, Line 20subsequent renewal of a short-term vehicle rental is exempt from the fee

• Page 41, Line 21to the extent that the renewal extends the total rental period beyond thirty

• Page 41, Line 22days. The rental invoice shall list the daily vehicle rental fee separately as

• Page 41, Line 23a Colorado road safety program fee. On and after July 1, 2022, a car

• Page 41, Line 24sharing program, as defined in section 6-1-1202 (4), shall collect the daily

• Page 42, Line 1vehicle rental fee for any short-term vehicle rental of twenty-four hours or longer that is enabled by the car sharing program.

• Page 42, Line 2(B)  As used in this subsection (1)(b), "short-term vehicle rental"

• Page 42, Line 3means the rental of any motor vehicle, as defined in section 42-1-102

• Page 42, Line 4(58), with a gross vehicle weight rating of twenty-six thousand pounds or

• Page 42, Line 5less that is rented within Colorado for a period of not more than thirty days.

• Page 42, Line 6(II)  A person who collects the daily vehicle rental fee imposed by

• Page 42, Line 7subsection (1)(b)(I) of this section and who pays specific ownership tax

• Page 42, Line 8on the vehicles rented in the manner specified in either section 42-3-107

• Page 42, Line 9(11) or (12), or both, shall, no later than the twentieth day of each month,

• Page 42, Line 10submit to the department of revenue a report, using forms furnished by

• Page 42, Line 11the department of revenue, of daily vehicle rental fees collected for the

• Page 42, Line 12preceding month and shall include with the report the remittance of all

• Page 42, Line 13such fees. A person who collects the daily vehicle rental fee imposed by

• Page 42, Line 14subsection (1)(b)(I) of this section but does not pay specific ownership

• Page 42, Line 15tax on the vehicles in the manner specified in either section 42-3-107 (11)

• Page 42, Line 16or (12), or both, shall submit the report and the remittance of fees

• Page 42, Line 17collected in the same manner or in such other manner as the executive

• Page 42, Line 18director of the department of revenue may prescribe by rules promulgated

• Page 42, Line 19in accordance with article 4 of title 24. The executive director of the

• Page 42, Line 20department of revenue shall forward all daily vehicle rental fees collected,

• Page 42, Line 21together with all congestion impact fees imposed by the transportation

• Page 42, Line 22enterprise pursuant to section 43-4-806 (7.6) collected, to the state

• Page 42, Line 23treasurer and shall identify the amounts of each fee being forwarded. The

• Page 42, Line 24state treasurer shall credit the daily vehicle rental fees imposed pursuant

• Page 42, Line 25to subsection (1)(b)(I)(A) of this section to the highway users tax fund

• Page 43, Line 1and shall credit the congestion impact fees imposed by the transportation

• Page 43, Line 2enterprise pursuant to section 43-4-806 (7.6) to the transportation special fund as required by section 43-4-806 (7.6)(b).

• Page 43, Line 3(III)  Because vehicle sharing is an alternative to personal vehicle

• Page 43, Line 4ownership that reduces the number of vehicle miles traveled on the

• Page 43, Line 5highways of the state by encouraging the use of transit and reducing the

• Page 43, Line 6number of trips made in privately owned vehicles and thereby benefits the

• Page 43, Line 7state by reducing traffic congestion, greenhouse gas emissions, and the

• Page 43, Line 8amount of wear and tear on the highways, the daily vehicle rental fee

• Page 43, Line 9imposed pursuant to this paragraph (b) shall not be imposed on any vehicle rented pursuant to a vehicle sharing arrangement if:

• Page 43, Line 10(A)  Under the terms of the arrangement, an organization provides

• Page 43, Line 11passenger vehicles for the use of members of the organization who have

• Page 43, Line 12paid a membership fee to the organization and charges an additional fee for each use of a passenger vehicle;

• Page 43, Line 13(B)  A member of the organization is not required to enter into a

• Page 43, Line 14separate written agreement with the organization each time the member reserves and uses a passenger vehicle;

• Page 43, Line 15(C)  The average paid usage period for all passenger vehicles

• Page 43, Line 16provided by the organization during the prior calendar year was six hours or less;

• Page 43, Line 17(D)  At least three-quarters of all passenger vehicle rentals made

• Page 43, Line 18by the organization during the prior calendar year in each municipality or

• Page 43, Line 19county in which the organization does business were made to members of the organization who maintain a residence within the city or county;

• Page 43, Line 20(E)  Fuel and full insurance coverage are included in the member

• Page 43, Line 21usage rates; and

• Page 44, Line 1(F)  Passenger vehicles provided by the organization are stationed

• Page 44, Line 2in self-serve locations throughout the county or municipality in which the organization does business.

• Page 44, Line 3(IV) (A)  For short-term vehicle rentals beginning during state

• Page 44, Line 4fiscal year 2022-23 and for short-term vehicle rental periods beginning

• Page 44, Line 5during any subsequent state fiscal year, the department of revenue shall

• Page 44, Line 6annually adjust the amount of the daily vehicle rental fee for inflation.

• Page 44, Line 7The department of revenue shall calculate the inflation adjusted amount

• Page 44, Line 8of the short-term vehicle rental fee for each state fiscal year and shall

• Page 44, Line 9publish the amount no later than the May 1 of the calendar year in which the state fiscal year begins.

• Page 44, Line 10(B)  As used in this subsection (1)(b)(IV), "inflation" means the

• Page 44, Line 11average annual percentage change in the United States department of

• Page 44, Line 12labor, bureau of labor statistics, consumer price index for

• Page 44, Line 13Denver-Aurora-Lakewood for all items and all urban consumers, or its

• Page 44, Line 14applicable predecessor or successor index, for the five years ending on the

• Page 44, Line 15last December 31 before a state fiscal year for which an inflation adjustment to the short-term vehicle rental fee is to be made begins.

• Page 44, Line 16SECTION 19.  In Colorado Revised Statutes, 43-4-805, amend

• Page 44, Line 17(1)(b)(II), (2)(b)(I), (2)(c), (3)(a), (5)(r)(I), and (5)(r)(III)(A); and repeal (5)(g)(III) and (5)(g.5) as follows:

• Page 44, Line 1843-4-805.  Statewide bridge enterprise - creation - board -

• Page 44, Line 19funds - powers and duties - legislative declaration - definitions.(1)  The general assembly hereby finds and declares that:

• Page 44, Line 20(b)  Due to the limited availability of state and federal funding and

• Page 44, Line 21the need to accomplish the financing, repair, reconstruction, and

• Page 44, Line 22replacement of designated bridges; the completion of preventative

• Page 45, Line 1maintenance bridge projects; and the completion of tunnel projects as

• Page 45, Line 2promptly and efficiently as possible, it is necessary to create a statewide bridge and tunnel enterprise and to authorize the enterprise to:

• Page 45, Line 3(II)  Impose a bridge safety surcharge a bridge and tunnel impact

• Page 45, Line 4fee, and a bridge and tunnel retail delivery fee at rates reasonably

• Page 45, Line 5calculated to defray the costs of completing designated bridge projects,

• Page 45, Line 6preventative maintenance bridge projects, and tunnel projects and

• Page 45, Line 7distribute the burden of defraying the costs in a manner based on the

• Page 45, Line 8benefits received by persons paying the fees and using designated bridges

• Page 45, Line 9and tunnels and receiving retail deliveries, receive and expend revenue

• Page 45, Line 10generated by the surcharge and fees fee and other money, issue revenue

• Page 45, Line 11bonds and other obligations, contract with the state, if required approvals

• Page 45, Line 12are obtained, to receive one or more loans of money received by the state

• Page 45, Line 13under the terms of one or more financed purchase of an asset or certificate

• Page 45, Line 14of participation agreements authorized by this part 8, expend revenue

• Page 45, Line 15generated by the surcharge and fee to repay any such loan or loans

• Page 45, Line 16received, and exercise other powers necessary and appropriate to carry out its purposes; and

• Page 45, Line 17(2) (b)  The business purpose of the bridge enterprise is to finance,

• Page 45, Line 18repair, reconstruct, and replace any designated bridge in the state,

• Page 45, Line 19complete preventative maintenance bridge projects, and complete tunnel

• Page 45, Line 20projects and, as agreed upon by the enterprise and the commission, or the

• Page 45, Line 21department to the extent authorized by the commission, to maintain the

• Page 45, Line 22bridges it finances, repairs, reconstructs, and replaces. To allow the

• Page 45, Line 23bridge enterprise to accomplish this purpose and fully exercise its powers and duties through the bridge enterprise board, the bridge enterprise may:

• Page 45, Line 24(I)  Impose a bridge safety surcharge a bridge and tunnel impact

• Page 46, Line 1fee, and a bridge and tunnel retail delivery fee as authorized by subsections (5)(g) (5)(g.5), and (5)(g.7) of this section;

• Page 46, Line 2(c)  The bridge enterprise constitutes an enterprise for purposes of

• Page 46, Line 3section 20 of article X of the state constitution so long as it retains the

• Page 46, Line 4authority to issue revenue bonds and receives less than ten percent of its

• Page 46, Line 5total revenues in grants from all Colorado state and local governments

• Page 46, Line 6combined. So long as it constitutes an enterprise pursuant to this

• Page 46, Line 7subsection (2)(c), the bridge enterprise shall not be subject to any

• Page 46, Line 8provisions of section 20 of article X of the state constitution. Consistent

• Page 46, Line 9with the determination of the Colorado supreme court in Nicholl v. E-470

• Page 46, Line 10Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to

• Page 46, Line 11impose taxes is inconsistent with "enterprise" status under section 20 of

• Page 46, Line 12article X of the state constitution, the general assembly finds and declares

• Page 46, Line 13that a bridge safety surcharge a bridge and tunnel impact fee, or a bridge

• Page 46, Line 14and tunnel retail delivery fee imposed by the bridge enterprise as

• Page 46, Line 15authorized by subsection (5)(g) (5)(g.5), or (5)(g.7) of this section is not

• Page 46, Line 16a tax but is instead a fee imposed by the bridge enterprise to defray the

• Page 46, Line 17cost of completing designated bridge projects, preventative maintenance

• Page 46, Line 18bridge projects, and tunnel projects that the enterprise provides as a

• Page 46, Line 19specific service to the persons upon whom the fee is imposed and at rates reasonably calculated based on the benefits received by such persons.

• Page 46, Line 20(3) (a)  The statewide bridge and tunnel enterprise special revenue

• Page 46, Line 21fund, referred to in this part 8 as the "bridge special fund", is hereby

• Page 46, Line 22created in the state treasury. All revenue received by the bridge enterprise,

• Page 46, Line 23including, but not limited to, revenue from a bridge safety surcharge

• Page 46, Line 24imposed as authorized by subsection (5)(g) of this section, revenue from

• Page 46, Line 25a bridge and tunnel impact fee imposed as authorized by subsection

• Page 47, Line 1(5)(g.5) of this section, revenue from a bridge and tunnel retail delivery

• Page 47, Line 2fee imposed as authorized by subsection (5)(g.7) of this section, and any

• Page 47, Line 3money loaned to the enterprise by the state pursuant to subsection (5)(r)

• Page 47, Line 4of this section, shall be deposited into the bridge special fund. The bridge

• Page 47, Line 5enterprise board may establish separate accounts within the bridge special

• Page 47, Line 6fund as needed in connection with any specific designated bridge project,

• Page 47, Line 7preventative maintenance bridge project, or tunnel project. The bridge

• Page 47, Line 8enterprise also may deposit or permit others to deposit other money into

• Page 47, Line 9the bridge special fund, but in no event may revenue from any tax

• Page 47, Line 10otherwise available for general purposes be deposited into the bridge

• Page 47, Line 11special fund. The state treasurer, after consulting with the bridge

• Page 47, Line 12enterprise board, shall invest any money in the bridge special fund,

• Page 47, Line 13including any surplus or reserves, but excluding any proceeds from the

• Page 47, Line 14sale of bonds or earnings on such proceeds invested pursuant to section

• Page 47, Line 1543-4-807 (2), that are not needed for immediate use. Such money may be

• Page 47, Line 16invested in the types of investments authorized in sections 24-36-109, 24-36-112, and 24-36-113.

• Page 47, Line 17(5)  In addition to any other powers and duties specified in this section, the bridge enterprise board has the following powers and duties:

• Page 47, Line 18(g) (III)  The bridge safety surcharge shall not be imposed on any

• Page 47, Line 19rental vehicle on which a daily vehicle rental fee is imposed pursuant to section 43-4-804 (1)(b).

• Page 47, Line 20(g.5) (I)  In furtherance of its business purpose, to impose a bridge

• Page 47, Line 21and tunnel impact fee to be paid in the amount imposed by the bridge

• Page 47, Line 22enterprise as authorized by subsection (5)(g.5)(II) or (5)(g.5)(III) of this

• Page 47, Line 23section by each distributor of special fuel, as defined in section 43-4-217

• Page 47, Line 24(2)(c), that pays the excise tax imposed on special fuel pursuant to article

• Page 48, Line 127 of title 39, at the same time and in the same manner as the excise tax

• Page 48, Line 2and the road usage fee imposed pursuant to section 43-4-217 (3) and (4).

• Page 48, Line 3For the purpose of minimizing compliance costs for distributors and

• Page 48, Line 4administrative costs for the state, the department of revenue shall collect

• Page 48, Line 5and administer the bridge and tunnel impact fee on behalf of the bridge

• Page 48, Line 6enterprise in the same manner in which it collects and administers the

• Page 48, Line 7excise tax and the road usage fee imposed pursuant to section 43-4-217 (3) and (4).

• Page 48, Line 8(II)  For each gallon of special fuel acquired, sold, offered for sale,

• Page 48, Line 9or used in this state during state fiscal years 2022-23 through 2031-32, the

• Page 48, Line 10bridge enterprise shall impose the bridge and tunnel impact fee in an amount of up to:

• Page 48, Line 11(A)  Two cents per gallon for state fiscal year 2022-23;

• (B)  Three cents per gallon for state fiscal year 2023-24;

• Page 48, Line 12(C)  Four cents per gallon for state fiscal year 2024-25;

• (D)  Five cents per gallon for state fiscal year 2025-26;

• Page 48, Line 13(E)  Six cents per gallon for state fiscal year 2026-27;

• (F)  Seven cents per gallon for state fiscal year 2027-28; and

• Page 48, Line 14(G)  Eight cents per gallon for state fiscal years 2028-29 through 2031-32.

• Page 48, Line 15(III)  For each gallon of special fuel acquired, sold, offered for

• Page 48, Line 16sale, or used in this state during state fiscal year 2032-33 or during any

• Page 48, Line 17subsequent state fiscal year, the bridge enterprise shall impose the bridge

• Page 48, Line 18and tunnel impact fee in an amount of up to the maximum amount of the

• Page 48, Line 19fee for the prior state fiscal year adjusted for inflation. The bridge

• Page 48, Line 20enterprise shall notify the department of revenue of the amount of the

• Page 48, Line 21bridge and tunnel impact fee to be collected for each state fiscal year no

• Page 49, Line 1later than March 15 of the calendar year in which the state fiscal year

• Page 49, Line 2begins, and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.

• Page 49, Line 3(IV)  As used in this subsection (5)(g.5), "inflation" means the

• Page 49, Line 4average annual percentage change in the United States department of

• Page 49, Line 5transportation, federal highway administration, national highway

• Page 49, Line 6construction cost index or its applicable predecessor or successor index

• Page 49, Line 7for the five-year period ending on the last December 31 before a state

• Page 49, Line 8fiscal year for which an adjustment to the bridge and tunnel impact fee imposed as authorized by this subsection (5)(g.5) is to be made begins.

• Page 49, Line 9(r) (I)  To contract with the state to borrow money under the terms

• Page 49, Line 10of one or more loan contracts entered into by the state and the bridge

• Page 49, Line 11enterprise pursuant to subsection (5)(r)(III) of this section, to expend any

• Page 49, Line 12money borrowed from the state for the purpose of completing designated

• Page 49, Line 13bridge projects, preventative maintenance bridge projects, and tunnel

• Page 49, Line 14projects and for any other authorized purpose that constitutes the

• Page 49, Line 15construction, supervision, and maintenance of the public highways of this

• Page 49, Line 16state for purposes of section 18 of article X of the state constitution, and

• Page 49, Line 17to use revenue generated by any bridge safety surcharge bridge and tunnel

• Page 49, Line 18impact fee, or bridge and tunnel retail delivery fee imposed pursuant to

• Page 49, Line 19subsection (5)(g) (5)(g.5), or (5)(g.7) of this section and any other legally

• Page 49, Line 20available money of the bridge enterprise to repay the money borrowed and any other amounts payable under the terms of the loan contract.

• Page 49, Line 21(III) (A)  If the state treasurer receives a list from the governor

• Page 49, Line 22pursuant to subsection (5)(r)(II) of this section, the state, acting by and

• Page 49, Line 23through the state treasurer, may enter into a loan contract with the bridge

• Page 49, Line 24enterprise and may raise the money needed to make a loan pursuant to the

• Page 50, Line 1terms of the loan contract by selling or leasing one or more of the state

• Page 50, Line 2buildings or other state capital facilities on the list. The state treasurer

• Page 50, Line 3shall have sole discretion to enter into a loan contract on behalf of the

• Page 50, Line 4state and to determine the amount of a loan; except that the principal

• Page 50, Line 5amount of a loan shall not exceed the maximum amount specified by the

• Page 50, Line 6governor pursuant to subsection (5)(r)(II) of this section. The state

• Page 50, Line 7treasurer shall also have sole discretion to determine the timing of the

• Page 50, Line 8entry of the state into any loan contract or the sale or lease of one or more

• Page 50, Line 9state buildings or other state capital facilities. The loan contract shall

• Page 50, Line 10require the bridge enterprise to pledge to the state all or a portion of the

• Page 50, Line 11revenues of any bridge safety surcharge bridge and tunnel impact fee, or

• Page 50, Line 12bridge and tunnel retail delivery fee imposed pursuant to subsection (5)(g)

• Page 50, Line 13(5)(g.5), or (5)(g.7) of this section for the repayment of the loan and may

• Page 50, Line 14also require the bridge enterprise to pledge to the state any other legally

• Page 50, Line 15available revenue of the bridge enterprise. Any loan contract entered into

• Page 50, Line 16by the state, acting by and through the state treasurer, and the bridge

• Page 50, Line 17enterprise pursuant to this subsection (5)(r)(III)(A) and any pledge of

• Page 50, Line 18revenue by the bridge enterprise pursuant to such a loan contract shall be

• Page 50, Line 19only for the benefit of, and enforceable only by, the state and the bridge

• Page 50, Line 20enterprise. Specifically, but without limiting the generality of said

• Page 50, Line 21limitation, no such loan contract or pledge shall be for the benefit of, or

• Page 50, Line 22enforceable by, a seller under a financed purchase of an asset or

• Page 50, Line 23certificate of participation agreement entered into pursuant to this

• Page 50, Line 24subsection (5)(r)(III), an owner of any instrument evidencing rights to

• Page 50, Line 25receive rentals or other payments made and to be made under such a

• Page 50, Line 26financed purchase of an asset or certificate of participation agreement as

• Page 50, Line 27authorized by subsection (5)(r)(IV)(B) of this section, a party to any

• Page 51, Line 1ancillary agreement or instrument entered into pursuant to subsection

• Page 51, Line 2(5)(r)(V) of this section, or a party to any interest rate exchange

• Page 51, Line 3agreement entered into pursuant to subsection (5)(r)(VII)(A) of this section.

• Page 51, Line 4SECTION 20.  In Colorado Revised Statutes, 43-4-806, amend (7.6)(b) as follows:

• Page 51, Line 543-4-806.  High-performance transportation enterprise -

• Page 51, Line 6creation - enterprise status - board - funds - powers and duties - user

• Page 51, Line 7fees - limitations - reporting requirements - violations on the peak

• Page 51, Line 8period shoulder lanes - legislative declaration - definitions.

• Page 51, Line 9(7.6) (b)  The congestion impact fee must be collected, submitted to the

• Page 51, Line 10department of revenue, administered by the department of revenue, and

• Page 51, Line 11forwarded by the department of revenue to the state treasurer in the same

• Page 51, Line 12manner in which the daily vehicle rental fee that was imposed pursuant

• Page 51, Line 13to section 43-4-804 (1)(b)(I)(A) is section 43-4-804 (1)(b) before the

• Page 51, Line 14repeal of said section 43-4-804 (1)(b) by this Senate Bill 25-___,

• Page 51, Line 15enacted in 2025,was collected, submitted, administered, and forwarded

• Page 51, Line 16pursuant to section 43-4-804 (1)(b)(II) The department of revenue, when

• Page 51, Line 17forwarding the congestion impact fee to the state treasurer, with the daily

• Page 51, Line 18vehicle rental fee imposed pursuant to section 43-4-804 (1)(b)(I)(A), shall

• Page 51, Line 19identify the amounts of each fee being forwarded, and as said

• Page 51, Line 20subsection existed prior to its repeal by this Senate Bill 25-___,

• Page 51, Line 21enacted in 2025. The state treasurer shall credit all congestion impact

• Page 51, Line 22fees to the transportation special fund. Any vehicle rented pursuant to a

• Page 51, Line 23vehicle sharing arrangement that is exempt, pursuant to section 43-4-804

• Page 51, Line 24(1)(b)(III), from the daily vehicle rental fee imposed pursuant to section

• Page 51, Line 2543-4-804 (1)(b)(I)(A) is also exempt from the congestion impact fee.

• Page 52, Line 1SECTION 21.  In Colorado Revised Statutes, 43-4-1301, amend (1)(a), (1)(c), (2)(a), and (2)(c) as follows:

• Page 52, Line 243-4-1301.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

• Page 52, Line 3(a)  Rapid and continuing growth in retail deliveries made by

• Page 52, Line 4motor vehicles and in prearranged rides arranged through transportation

• Page 52, Line 5network companies has increased and will continue to increase traffic

• Page 52, Line 6congestion and air pollution from motor vehicle emissions, along with the

• Page 52, Line 7adverse environmental and health impacts that result from such pollution,

• Page 52, Line 8in nonattainment areas, including but not limited to disproportionately impacted communities and communities adjacent to highways;

• Page 52, Line 9(c)  Instead of reducing the impacts of retail deliveries and

• Page 52, Line 10prearranged rides arranged through transportation network companies, by

• Page 52, Line 11limiting retail delivery and prearranged ride activity through regulation,

• Page 52, Line 12it is more appropriate to continue to allow persons who receive retail

• Page 52, Line 13deliveries and benefit from the convenience afforded by unfettered retail

• Page 52, Line 14deliveries and to allow transportation network companies that arrange

• Page 52, Line 15prearranged rides to continue to provide receive that service without

• Page 52, Line 16undue restrictions and to instead impose a small fee on each retail

• Page 52, Line 17delivery and prearranged ride and use fee revenue to fund necessary mitigation activities.

• Page 52, Line 18(2)  The general assembly further finds and declares that:

• Page 52, Line 19(a)  The enterprise provides impact remediation services when, in

• Page 52, Line 20exchange for the payment of air pollution mitigation per ride fees by

• Page 52, Line 21transportation network companies and air pollution mitigation retail

• Page 52, Line 22delivery fees by or on behalf of purchasers of tangible personal property

• Page 52, Line 23for retail delivery, it acts as authorized by this section to mitigate the

• Page 53, Line 1impacts of prearranged rides arranged through transportation network

• Page 53, Line 2companies and residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions;

• Page 53, Line 3(c)  Consistent with the determination of the Colorado supreme

• Page 53, Line 4court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo.

• Page 53, Line 51995), that the power to impose taxes is inconsistent with enterprise status

• Page 53, Line 6under section 20 of article X of the state constitution, it is the conclusion

• Page 53, Line 7of the general assembly that the revenue collected by the enterprise is

• Page 53, Line 8generated by fees, not taxes, because the air pollution mitigation per ride

• Page 53, Line 9fee and the air pollution mitigation retail delivery fee imposed by the enterprise as authorized by section 43-4-1303 are is:

• Page 53, Line 10(I)  Imposed for the specific purpose of allowing the enterprise to

• Page 53, Line 11defray the costs of providing the remediation services specified in this

• Page 53, Line 12section, including mitigating impacts to air quality and greenhouse gas

• Page 53, Line 13emissions caused by the activities on which the fees are fee is assessed,

• Page 53, Line 14and contribute contributes to the implementation of the comprehensive

• Page 53, Line 15regulatory scheme required for the planning, funding, development,

• Page 53, Line 16construction, maintenance, and supervision of a sustainable transportation system; and

• Page 53, Line 17(II)  Collected at rates that are a rate that is reasonably

• Page 53, Line 18calculated based on the impacts caused by fee payers and the cost of remediating those impacts; and

• Page 53, Line 19SECTION 22.  In Colorado Revised Statutes, 43-4-1302, amend (15); and repeal (4), (18), (22), (24), and (25) as follows:

• Page 53, Line 2043-4-1302.  Definitions. As used in this part 13, unless the context otherwise requires:

• Page 53, Line 21(4)  "Car share ride" means a prearranged ride for which the rider

• Page 54, Line 1agrees, at the time the rider requests the ride through a digital network, to

• Page 54, Line 2be transported with another rider who has separately requested a

• Page 54, Line 3prearranged ride regardless of whether or not another rider is actually transported with the rider.

• Page 54, Line 4(15)  "Inflation" means the average annual percentage change in

• Page 54, Line 5the United States department of labor, bureau of labor statistics, consumer

• Page 54, Line 6price index for Denver-Aurora-Lakewood for all items and all urban

• Page 54, Line 7consumers, or its applicable predecessor or successor index, for the five

• Page 54, Line 8years ending on the last December 31 before a state fiscal year for which

• Page 54, Line 9an inflation adjustment to be made to the air pollution mitigation per ride

• Page 54, Line 10fee imposed by section 43-4-1303 (7) or the air pollution mitigation retail delivery fee imposed by section 43-4-1303 (8) begins.

• Page 54, Line 11(18)  "Prearranged ride" has the same meaning as set forth in section 40-10.1-602 (2).

• Page 54, Line 12(22)  "Rider" has the same meaning as set forth in section 40-10.1-602 (5).

• Page 54, Line 13(24)  "Transportation network company" has the same meaning as set forth in section 40-10.1-602 (3).

• Page 54, Line 14(25)  "Zero emissions motor vehicle" means a battery electric motor vehicle or a hydrogen fuel cell motor vehicle.

• Page 54, Line 15SECTION 23.  In Colorado Revised Statutes, 43-4-1303, amend

• Page 54, Line 16(3) introductory portion, (3)(a), (5)(a), (6)(h), and (9); and repeal (7) as follows:

• Page 54, Line 1743-4-1303.  Nonattainment area air pollution mitigation

• Page 54, Line 18enterprise - creation - board - powers and duties - rules - fees - grants

• Page 54, Line 19- reformulated gasoline cost stabilization program - fund. (3)  The

• Page 54, Line 20business purpose of the enterprise is to mitigate the environmental and

• Page 55, Line 1health impacts of increased air pollution from motor vehicle emissions in

• Page 55, Line 2nonattainment areas that results from the rapid and continuing growth in

• Page 55, Line 3retail deliveries made by motor vehicles and in prearranged rides

• Page 55, Line 4provided by transportation network companies by providing funding for

• Page 55, Line 5eligible projects that reduce traffic, including demand management

• Page 55, Line 6projects that encourage alternatives to driving alone or that directly

• Page 55, Line 7reduce air pollution, such as retrofitting of construction equipment,

• Page 55, Line 8construction of roadside vegetation barriers, and planting trees along

• Page 55, Line 9medians. To allow the enterprise to accomplish this purpose and fully exercise its powers and duties through the board, the enterprise may:

• Page 55, Line 10(a)  Impose an air pollution mitigation per ride fee and an air

• Page 55, Line 11pollution mitigation retail delivery fee as authorized by subsections (7) and (8) subsection (8) of this section;

• Page 55, Line 12(5) (a)  The nonattainment area air pollution mitigation enterprise

• Page 55, Line 13fund is hereby created in the state treasury. The fund consists of air

• Page 55, Line 14pollution mitigation per ride fee revenue and air pollution mitigation retail

• Page 55, Line 15delivery fee revenue credited to the fund pursuant to subsections (7) and

• Page 55, Line 16(8) subsection (8) of this section, any monetary gifts, grants, donations,

• Page 55, Line 17or other payments received by the enterprise, any federal money that may

• Page 55, Line 18be credited to the fund, and any other money that the general assembly

• Page 55, Line 19may appropriate or transfer to the fund. The state treasurer shall credit all

• Page 55, Line 20interest and income derived from the deposit and investment of money in

• Page 55, Line 21the fund to the fund. Money in the fund is continuously appropriated to

• Page 55, Line 22the enterprise for the purposes set forth in this part 13 and to pay the

• Page 55, Line 23enterprise's reasonable and necessary operating expenses, including the

• Page 55, Line 24repayment of any loan received pursuant to subsection (5)(b) of this

• Page 55, Line 25section.

• Page 56, Line 1(6)  In addition to any other powers and duties specified in this section, the board has the following general powers and duties:

• Page 56, Line 2(h)  To promulgate rules for the sole purpose of setting the

• Page 56, Line 3amounts amount of the air pollution mitigation per ride fee and the air

• Page 56, Line 4pollution mitigation retail delivery fee at or below the maximum amounts amount authorized in this section; and

• Page 56, Line 5(7) (a)  In furtherance of its business purpose, beginning in state

• Page 56, Line 6fiscal year 2022-23, the enterprise shall impose an air pollution mitigation

• Page 56, Line 7per ride fee to be paid by a transportation network company for each

• Page 56, Line 8prearranged ride requested and accepted through the company's digital

• Page 56, Line 9network. For the purpose of minimizing compliance costs for

• Page 56, Line 10transportation network companies and administrative costs for the state,

• Page 56, Line 11the department of revenue shall collect the air pollution mitigation per

• Page 56, Line 12ride fee on behalf of the enterprise, and a transportation network company

• Page 56, Line 13shall pay the fee to the department of revenue as required by section 40-10.1-607.5 (2).

• Page 56, Line 14(b)  For prearranged rides requested and accepted during state

• Page 56, Line 15fiscal year 2022-23, the enterprise shall impose the air pollution mitigation per ride fee in a maximum amount of:

• Page 56, Line 16(I)  Eleven and one-quarter cents for each prearranged ride that is

• Page 56, Line 17a car share ride or for which the driver transports the rider in a zero emissions motor vehicle; and

• Page 56, Line 18(II)  Twenty-two and one-half cents for every other prearranged ride.

• Page 56, Line 19(c) (I)  Except as otherwise provided in subsection (7)(c)(II) of this

• Page 56, Line 20section, for prearranged rides requested and accepted during state fiscal

• Page 56, Line 21year 2023-24 or during any subsequent state fiscal year, the enterprise

• Page 57, Line 1shall impose the air pollution mitigation per ride fee in a maximum

• Page 57, Line 2amount that is the applicable maximum amount for the prior state fiscal

• Page 57, Line 3year adjusted for inflation. The enterprise shall notify the department of

• Page 57, Line 4revenue of the amount of the air pollution mitigation per ride fee to be

• Page 57, Line 5collected for rides requested and accepted during each state fiscal year no

• Page 57, Line 6later than March 15 of the calendar year in which the state fiscal year

• Page 57, Line 7begins, and the department of revenue shall publish the amount no later than April 15 of the calendar year in which the state fiscal year begins.

• Page 57, Line 8(II)  The enterprise is authorized to adjust the amount of the air

• Page 57, Line 9pollution mitigation per ride fee for prearranged rides requested and

• Page 57, Line 10accepted during a state fiscal year only if the rate of inflation is positive

• Page 57, Line 11and cumulative inflation from the time of the last adjustment in the

• Page 57, Line 12amount of the fee, when applied to the sum of the current air pollution

• Page 57, Line 13mitigation per ride fee and the current clean fleet per ride fee imposed as

• Page 57, Line 14required by section 25-7.5-103 (7) and rounded to the nearest whole cent,

• Page 57, Line 15will result in an increase of at least one whole cent in the total amount of

• Page 57, Line 16the air pollution mitigation per ride fee and the clean fleet per ride fee

• Page 57, Line 17paid by a person who requests and accepts a prearranged ride. The

• Page 57, Line 18amount of cumulative inflation to be applied to the sum of the current air

• Page 57, Line 19pollution mitigation per ride fee and the current clean fleet per ride fee

• Page 57, Line 20and rounded to the nearest whole cent is the lesser of actual cumulative inflation or five percent.

• Page 57, Line 21(d)  As required by section 40-10.1-607.5 (3)(a), the department of

• Page 57, Line 22revenue shall transmit all net air pollution mitigation per ride fee revenue collected to the state treasurer, who shall credit the revenue to the fund.

• Page 57, Line 23(9) (a)  In furtherance of its business purpose, and subject to the

• Page 57, Line 24requirements set forth in this subsection (9), the enterprise is authorized

• Page 58, Line 1to provide grants to eligible entities for eligible projects. The enterprise

• Page 58, Line 2shall actively seek input from communities, including but not limited to

• Page 58, Line 3disproportionately impacted communities, and local governments to

• Page 58, Line 4mitigate the environmental and health impacts of highway projects,

• Page 58, Line 5reduce traffic congestion, and improve neighborhood connectivity for

• Page 58, Line 6communities adjacent to highways. The enterprise shall include

• Page 58, Line 7mitigation strategies that take into account the input as well as issues and

• Page 58, Line 8impacts of particular importance to the state such as reduction of greenhouse gas emissions and fine particulate matter.

• Page 58, Line 9(b)  In addition to the grants provided to eligible entities

• Page 58, Line 10for eligible projects, no later than January 1, 2026, the

• Page 58, Line 11enterprise shall establish a reformulated gasoline cost

• Page 58, Line 12stabilization program to offer reformulated gasoline cost

• Page 58, Line 13stabilization rebates to individuals who own motor vehicles

• Page 58, Line 14that are registered in counties in which the federal government

• Page 58, Line 15requires all gasoline sold to be reformulated gasoline. For

• Page 58, Line 16each state fiscal year, the enterprise shall dedicate at least

• Page 58, Line 17twenty percent of its annual fee revenue to the cost

• Page 58, Line 18stabilization program; except that the enterprise shall dedicate

• Page 58, Line 19ten percent of its annual fee revenue for the 2025-26 state fiscal

• Page 58, Line 20year to the program. In establishing the program, the enterprise

• Page 58, Line 21shall base the per-gallon amount of each cost stabilization

• Page 58, Line 22rebate on the amount by which the retail price of a gallon of

• Page 58, Line 23reformulated gasoline exceeds the price of a gallon of gasoline

• Page 58, Line 24that is not reformulated and the amount of money available for the program.

• Page 58, Line 25SECTION 24.  Effective date. This act takes effect July 1, 2025.

• Page 59, Line 1SECTION 25.  Safety clause. The general assembly finds,

• Page 59, Line 2determines, and declares that this act is necessary for the immediate

• Page 59, Line 3preservation of the public peace, health, or safety or for appropriations for

• Page 59, Line 4the support and maintenance of the departments of the state and state institutions.