To authorize the use of petroleum storage tank funds for a state laboratory relocation, exclude those funds from certain calculations, and establish new civil penalties related to fuel quality and air emissions.
SECTION 1 – Petroleum Storage Tank Fund Use and Reservation (C.R.S. 8-20.5-103):
New Use of Funds:
Authorizes spending from the Petroleum Storage Tank Fund for costs related to relocation or redevelopment of the state’s petroleum laboratory.
Fund Reservation Requirement:
The Division of Oil and Public Safety must reserve specific amounts in the fund for this purpose.
These reserved amounts are not counted in the available balance used for other regulatory calculations.
Sunset Clause:
These provisions repeal on July 1, 2030.
SECTION 2 – Exclusion from Available Balance (C.R.S. 8-20-206.5):
Clarifies that money reserved for the petroleum laboratory project is excluded from the "available fund balance" used to determine environmental surcharges or fund uses.
Repeal Date:
Also repealed July 1, 2030.
SECTION 3 – Fuel Quality Enforcement in Nonattainment Areas (C.R.S. 8-20-104):
Authorizes the division director to issue a civil penalty up to $5,000/day for selling reformulated gasoline that does not meet fuel quality specs in nonattainment areas (areas failing federal air quality standards).
Affirmative Defense:
Retailers/distributors are not liable if they relied on compliant documentation.
SECTION 4 – Air Quality Filing Penalties (C.R.S. 25-7-122):
Establishes a $500 penalty for gas station operators who fail to:
File an Air Pollutant Emission Notice (APEN).
Submit a required air permit public notice.
SECTION 5 – Effective Date and Applicability:
Takes effect 90 days after legislative adjournment, unless challenged via referendum.
Applies to violations committed on or after the effective date.
IMPACT:
Supports modernization of petroleum lab infrastructure.
Strengthens enforcement for clean fuel standards and air quality reporting.
Temporarily shields reserved funds from being diverted, ensuring project funding stability.
Summary
The bill: •
Authorizes the use of money in the petroleum storage tank fund for costs related to relocation or redevelopment of the division of oil and public safety's petroleum laboratory;
•
Allows the division of oil and public safety to impose a civil penalty of not more than $5,000 for a violation of a fuel quality standard for reformulated gasoline; and
•
Reduces the current maximum civil penalty amount for a violation of certain record-keeping requirements by a person that owns or operates a gasoline dispensing facility to $500 per violation.
