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Legislative Year: 2023 Change
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Bill Detail: SB23-280

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Title Hazardous Material Mitigation
Status Governor Signed (06/06/2023)
Bill Subjects
  • Natural Resources & Environment
  • Transportation & Motor Vehicles
House Sponsors M. Snyder (D)
Senate Sponsors K. Mullica (D)
House Committee Finance
Senate Committee Finance
Date Introduced 04/12/2023
Summary

The bill creates the fuels impact enterprise. The enterprise imposes
a new fuels impact reduction fee on fuel product manufacturers to fund
the fuels impact reduction grant program that the fuels impact enterprise
administers. The fuels impact reduction fee is equal to $.06125 per gallon
of fuel products delivered during the previous calendar month for sale or
use in Colorado. The fee is collected and deposited in the fuels impact
enterprise hazardous materials infrastructure cash fund until the fund has
an available balance of $15 million or more.
Under the fuels impact reduction grant program, the fuels impact
enterprise provides grants to certain critically impacted communities,
governments, and transportation corridors for the improvement of
hazardous mitigation corridors and to support key commercial freight
corridors, local and state government projects related to emergency
responses, environmental mitigation, or projects related to the
transportation of fuel within the state.
The bill also amends the clean fleet enterprise so that the clean
fleet enterprise imposes, between January 1, 2024, and December 31,
2032, a heavy-duty diesel vehicle registration fee of $10 for heavy-duty
diesel vehicles that are model year 2014 through 2016, $20 for
heavy-duty diesel vehicles that are model year 2010 through 2013, and
$50 for heavy-duty diesel vehicles that are model year 2009 or older.
Under the diesel truck emissions reduction grant program, the
clean fleet enterprise, along with the division of administration in the
department of public health and environment (division), awards grant
money to certain private and public entities to decommission diesel trucks
and replace them with newer model trucks through. The clean fleet
enterprise and the division are required to determine eligibility for the
grant money and the eligible fuel types for qualifying as a replacement
vehicle under the grant program.
The bill also replaces a tax credit for a qualified investment in a
commercial truck, truck tractor, or semitrailer that is used solely and
exclusively in an enterprise zone with a tax credit for the conversion,
lease, or purchase of a bi-fuel renewable fuel truck, electric, hybrid, low
nitrogen oxides, plug-in hybrid electric, or renewable fuel truck that is
predominantly housed and based at a taxpayer's business facility within
an enterprise zone for the 12-month period following its purchase and is
not used for personal use. The new credit:
  • Is available between tax years 2023 and 2029;
  • May be assigned to the financial entity that finances the
lease or purchase of the truck;
  • May not be carried forward, but may be refunded; and
  • Is available in an amount that depends on the type of truck
the taxpayer converts, leases, or purchases and when that
conversion, lease, or purchase occurs.
Beginning October 1, 2023, the bill modifies the fee that is
currently collected for distribution to the perfluoroalkyl and
polyfluoroalkyl substances cash fund by extending the collection of the
fee to 2036 and by changing the distribution of the fee revenue. Under the
new distribution, the state treasurer shall credit:
  • An amount equal to the cost of administering the fee to the
department of revenue;
  • $2 million of the fee revenue to the department of public
safety to support the regulation of hazardous materials on
highways in the state as well as the enforcement of
commercial and hazardous materials critical corridors
determined by the chief of the Colorado state patrol;
  • 70% of the amount remaining to the perfluoroalkyl and
polyfluoroalkyl substances cash fund; and
  • 30% of the amount remaining to the department of
transportation to support functions related to the
transportation of hazardous materials and the safe and
efficient movement of freight as well as to support
infrastructure projects that enhance the safety of movement
of freight and hazardous materials.
The bill also increases the amount of fee revenue that can be held
annually in the perfluoroalkyl and polyfluoroalkyl substances cash fund
from $8 million to $9 million.
Additionally, the bill:
  • Extends authorization for the division of oil and public
safety to use the petroleum storage tank fund for costs
related to petroleum storage tank facility inspections and
meter calibrations from September 1, 2023, to September
1, 2033;
  • Delays the effective date of the $8 million cap on the
petroleum storage tank fund from September 1, 2023, to
September 1, 2033;
  • Allows the director of the division of oil and public safety,
in consultation with the petroleum storage tank committee,
to establish rules that allow an operator of petroleum
storage tanks to apply to the petroleum storage tank fund
for reimbursement even if the total remediation expenses
do not exceed $10,000;
  • Allows the director of the division of oil and public safety
to annually transfer up to $500,000 from the petroleum
storage tank fund to the petroleum cleanup and
redevelopment fund;
  • Allows the Colorado state patrol to conform hazardous
materials routing regulations to transportation commission
rules; and
  • Phases out the use of certain diesel trucks on state projects.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (09/07/2023) (most recent)  
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