Struck = removed from the bill ยท
added = the amendment's new text.
SecondSB218_H_FIN.001 RegularNOT SessionAMENDED Seventy-secondHOUSE GeneralCOMMITTEE Assembly STATE OF COLORADOREFERENCE ENGROSSEDREPORT This_______________________________ VersionJune Includes11, All2020 AmendmentsChair Adoptedof onCommittee SecondDate ReadingCommittee inon theFinance House. of Introduction LLS NO.
20-1147.02After Pierceconsideration Livelyon x2059the SENATEmerits, BILLthe 20-218Committee SENATErecommends SPONSORSHIPthe Fenbergfollowing: and Lee, HOUSE SPONSORSHIP (None), Senate Committees House Committees Finance Appropriations A BILL FOR AN ACT C ONCERNINGMEASURESBYTHEDEPARTMENTOFPUBLICHEALTHAND ENVIRONMENT TO PROTECT THE PUBLIC FROM CERTAIN HAZARDOUS SUBSTANCES ,AND ,IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .
BillSB20-218 Summarybereferredfavorablytothe (Note:Committee on Appropriations.
This** summary*** applies** to*** this** bill*SB218_H_FIN.001* as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill requires the executive director of the department of g revenuetocollectafeeequalto$25pertruckloadforeverymanufacturer d of fuel products who manufactures such products for sale within e 0 T R 0 A n 9 Shading denotes HOUSE amendment.
Double underlining denotes SENATE amendment.
E d e Capital letters or bold & italic numbers indicate new material to be added to existing stJtute.
Dashes through the words indicate deletions from existing statute.
e A Coloradoorwhoshipssuchproductsfromanypointoutsideof Colorado to a distributor within Colorado and every distributor who ships such products from anypoint outside of Colorado to a point within Colorado.
This fee is used primarily to:
! Fund the perfluoroalkyl and polyfluoroalkyl substances cash fund;
! Support the department of transportation in functions relatedtotheadministrationofhazardousmaterialsfreight movement and infrastructure in the state as well as infrastructureprojectsthatenhancethesafetyofmovement of hazardous materials;
and ! Support the Colorado state patrol in the regulation of hazardous materials on highways in the state.
The executive director of the department of revenue stops collecting the fee for a fiscal year once he or she has collected $8 million of these fees for that fiscal year.
Thebillcreatestheperfluoroalkylandpolyfluoroalkylsubstances cash fund, which is used to fund the perfluoroalkyl and polyfluoroalkyl substances grant program, fund the perfluoroalkyl and polyfluoroalkyl substancestakebackprogram,andprovidetechnicalassistanceinlocating and studying perfluoroalkyl and polyfluoroalkyl substances to communities, stakeholders, and regulatory boards or commissions.
Thebillcreatestheperfluoroalkylandpolyfluoroalkylsubstances grant program.
The grant program provides funding for the sampling, assessment, and investigation of perfluoroalkyl and polyfluoroalkyl substances in ground or surface water;
water system infrastructure used for the treatment of identified perfluoroalkyl and polyfluoroalkyl substances;andemergencyassistancetocommunitiesandwatersystems affected by perfluoroalkyl and polyfluoroalkyl substances.
Thebillcreatestheperfluoroalkylandpolyfluoroalkylsubstances takebackprogram.Thetakebackprogramisusedtopurchaseanddispose of eligible materials that contain perfluoroalkyl and polyfluoroalkyl substances.
The bill also requires the department of public health and environment to report to the general assembly annually on the use of the perfluoroalkyl and polyfluoroalkyl substances cash fund and the administrationoftheperfluoroalkylandpolyfluoroalkylsubstancesgrant program and takeback program.
Thebillalsocreatesnewcivilpenaltiesforownersoroperatorsof storage tanks at gasoline dispensing facilities who violate requirements to maintain a vapor collection system and for owners and operators of gasoline dispensing facilities who violate requirements to maintain records.
Lastly, the bill requires stakeholders from gasoline dispensing facilities and gasoline transport truck companies to collaborate with the -2- 218 division of administration in the department of public health and environment in creating maintenance guidelines to assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1.
In Colorado Revised Statutes, 8-20-206.5, add (6) and (7) as follows:
8-20-206.5.
Environmental response surcharge - liquefied petroleum gas and natural gas inspection fund - perfluoroalkyl and polyfluoroalkylsubstancescashfund-definitions.(6)(a) IDITION TOTHEPAYMENTCOLLECTEDUNDERSUBSECTION (1)(aOFTHISSECTION , THEEXECUTIVEDIRECTOROFTHEDEPARTMENTOFREVENUESHALLALSO COLLECT A FEE T:
(I) FUND THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND ;
(II) SUPPORT THE DEPARTMENT OF TRANSPORTATION IN FUNCTIONS RELATED TO FREIGHT MOVEMENT AND INFRASTRUCTURE IN THE STATE AS WELL AS INFRASTRUCTURE PROJECTS THAT ENHANCE THE SAFETY OF MOVEMENT OF COMMERCIAL MATERIALS ;
(III) SPPORT THE C OLORADO STATE PATROL IN REGULATING HAZARDOUS MATERIALS ON HIGHWAYS IN THE STATE;AND (IV) P AY THE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FE.
(b) ON AND AFTERSEPTEMBER 1,2020,BUT BEFORESEPTEMBER 1,2026,EVERYMANUFACTUREROFFUELPRODUCTSWHOMANUFACTURES SUCH PRODUCTS FOR SALE WITHIN COLORADO OR WHO SHIPS SUCH PRODUCTS FROM ANY POINT OUTSIDE OF COLORADO TO A DISTRIBUTOR -3- 218 WITHIN COLORADOANDEVERYDISTRIBUTORWHOSHIPSSUCHPRODUCTS FROM ANY POINT OUTSIDE OFCOLORADO TO A POINT WITHINCOLORADO SHALL PAY TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE ,EACH CALENDAR MONTH ,TWENTY -FIVE DOLLARS PER TANK TRUCKLOAD OF FUEL PRODUCTS DELIVERED DURING THE PREVIOUS CALENDAR MONTH FOR SALE OR USE INC OLORADO .
HIS SECTION DOES NOTAPPLYTOFUELTHATISUSEDINAVIATIONORTOODORIZEDLIQUEFIED PETROLEUM GAS AND NATURAL GAS .
(c) ON AND AFTERSEPTEMBER 1,2020, BUT BEFOREO CTOBER 1, 2021,THEEXECUTIVEDIRECTOROFTHEDEPARTMENTOFREVENUESHALL TRANSMIT ANY FEE COLLECTED IN ACCORDANCE WITH THIS SUBSECTION (6)TO THE STATE TREASURER,WHO SHALL CREDIT:
(I) FIFTY PERCEN, MINUS THE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE,TO THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND ;
(II) TWENTY -FIVE PERCENT , MINUS THE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE ,TO THE DEPARTMENT OF TRANSPORTATION TO SUPPORT FUNCTIONS RELATED TO THE ADMINISTRATION OF HAZARDOUS MATERIALS AND SAFE AND EFFICIENT FREIGHT MOVEMENT AND INFRASTRUCTURE IN THE STATE AS WELL AS SUPPORTING INFRASTRUCTURE PROJECTS THAT ENHANCE THE SAFETY OF MOVEMENT OF FREIGHT AND HAZARDOUS MATERIALS ;
(III) TWENTY -FIVE PERCENT, MINUS THE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE ,TO THE DEPARTMENT OF PUBLIC SAFETY FOR USE BY THE COLORADO STATE PATROL TO SUPPORT THE REGULATION OF HAZARDOUS MATERIALS ON HIGHWAYS IN THE STATE;AND -4- 218 (IV) T HE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FE.
(d) ON AND AFTER O CTOBER 1, 2021BUT BEFORE OCTOBER 1, 2026,THEEXECUTIVEDIRECTOROFTHEDEPARTMENTOFREVENUESHALL TRANSMIT ANY FEE COLLECTED IN ACCORDANCE WITH THIS SUBSECTION (6)TO THE STATE TREASURER,WHO SHALL CREDIT:
(I) ONE HUNDRED THOUSAND DOLLARS TO THE DEPARTMENT OF PUBLIC SAFETY FOR USE BY THC OLORADO STATE PATROL TO SUPPORT THEREGULATIONOFHAZARDOUSMATERIALSONHIGHWAYSINTHESTATE ;
(II) SVENTY FIVE PERCENT OF THE AMOUNT REMAINING,MINUS THE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE,TO THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND ;
(III) TENTY FIVE PERCENT OF THE AMOUNT REMAINING,MINUS THE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FEE,TO THE DEPARTMENT OF TRANSPORTATION TO SUPPORT FUNCTIONS RELATED TO THE ADMINISTRATION OF HAZARDOUS MATERIALS AND SAFE AND EFFICIENT FREIGHT MOVEMENT AND INFRASTRUCTURE IN THE STATE ASWELLASSUPPORTINGINFRASTRUCTUREPROJECTSTHATENHANCETHE SAFETY OF MOVEMENT OF FREIGHT AND HAZARDOUS MATERIALS ;AND (IV) T HE COSTS TO THE DEPARTMENT OF REVENUE FOR ADMINISTERING THE FE.
(e) NTWITHSTANDINGSUBSECTION (6)(bOFTHISSECTION IFTHE AVAILABLE FUND BALANCE IN THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND IS GREATER THAN EIGHT MILLION DOLLARS, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL NOT COLLECT THE FEE DESCRIBED IN SUBSECTI(6)(b) -5- 218 OF THIS SECTION,BUT IF THE AVAILABLE BALANCE IN THE FUND IS LESS THAN EIGHT MILLION DOLLARS WITHIN A FISCAL YEAR, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF REVENUE SHALL IMPOSE A FEE IN ACCORDANCE WITH SUBSECTION (6)(bOF THIS SECTIO.
(f) ASUSEDINTHISSUBSECTION (6),FUELPRODUCTS " MEANSALL GASOLINE ;DIESEL;BIODIESEL;BIODIESEL BLENDS;KEROSENE ;
AND ALL ALCOHOL BLENDED FUELS THAT ARE PRODUCED , COMPOUNDED ,AND OFFERED FOR SALE OR USED FOR THE PURPOSE OF GENERATING HEAT , LIGHT,ORPOWERININTERNALCOMBUSTIONENGINESORFUELCELLS ,FOR CLEANING ,OR FOR ANY OTHER SIMILAR USAGE.
"FUEL PRODUCTS" DOES NOT MEAN FUEL THAT IS USED IN AVIATION OR ODORIZED LIQUEFIED PETROLEUM GAS AND NATURAL GAS .
(7) (a) TERE IS HEREBY CREATED IN THE STATE TREASURY THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND , REFERREDTOINTHISSUBSECTION (7)ASTHE "FUND ".THEFUNDCONSISTS OFMONEY CREDITED TO THE FUND PURSUANT TO SUBSECTION (6)OFTHIS SECTION AND ANY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND .
(b) T HE MONEY IN THE FUND SHALL NOT BE DEPOSITED IN OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND .
HE STATE TREASURERSHALLCREDITALLINTERESTANDINCOMEDERIVEDFROMTHE DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND .
ANY UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND SHALL REMAIN IN THE FUND AND SHALL NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND .
(c) M ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED FOR COSTS RELATED TO :
-6- 218 (I) A DMINISTERING THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES GRANT PROGRAM AND AWARDING GRANTS IN ACCORDANCE WITH SECTION 25-5-1309;
(II) A DMINISTERING THE PERFLUOROALKYL AND POLYFLUOROALKYLSUBSTANCESTAKEBACKPROGRAMANDPURCHASING ANDDISPOSINGOFELIGIBLEMATERIALSUNDERTHETAKEBACKPROGRAM IN ACCORDANCE WITH SECTION25-5-1310;AND (III) PROVIDING TECHNICAL ASSISTANCE IN LOCATING AND STUDYING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES TO COMMUNITIES , STAKEHOLDERS , AND REGULATORY BOARDS OR COMMISSIONS FOR THE FOLLOWING PURPOSES:
(A) DEVELOPINGGUIDANCEANDRECOMMENDATIONSREGARDING HUMAN HEALTH -BASED STANDARDS FOR PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN WATER OR OTHER MEDIA ;AND (B) IDENTIFYING SAFE DISPOSAL METHODS OF MATERIALS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES .
SECTION2.
InColoradoRevisedStatutes,25-5-1302,add(3.3), (3.5), (3.7), (5.5), (5.7), and (8) as follows:
25-5-1302.
Definitions.Asusedinthispart13,unlessthecontext otherwise requires:
(3.3) "ELIGIBLE ENTIT"MEANS AN ENTITY IDENTIFIED BY THE DEPARTMENT AS AN ENTITY THAT MAY QUALIFY FOR THE GRANT PROGRAM .
(3.5) "ELIGIBLE MATERIAL" MEANS A MATERIAL CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES THAT IS IDENTIFIED BY THE DEPARTMENT AS ELIGIBLE FOR PURCHASE UNDER THE -7- 218 TAKEBACK PROGRAM .
(3.7) "FES"MEANSTHEFEESIMPOSEDBYSECTION 8-20-206.5(6).
(5.5) "FUND " MEANS THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES CASH FUND CREATED IN SECTION 8-20-206.5(7).
(5.7) "GRANT PROGRAM " MEANS THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES GRANT PROGRAM CREATED SECTION 25-5-1309.
(8) "TAKEBACK PROGRAM " MEANS THE PROGRAM CREATED IN SECTION 25-5-1310THAT ALLOWS THE DEPARTMENT TO PURCHASE AND DISPOSE OF MATERIALS THAT CONTAIN PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES .
SECTION 3.
In Colorado Revised Statutes, add 25-5-1309, 25-5-1310, and 25-5-1311 as follows:
25-5-1309.
Perfluoroalkyl and polyfluoroalkyl substances grant program.
(1) THERE IS HEREBY CREATED WITHIN THE DEPARTMENT THE PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES GRANT PROGRAM .
(2) GRANT RECIPIENTS MAY USE THE MONEY RECEIVED THROUGH THE GRANT PROGRAM FOR THE FOLLOWING PURPOSES :
(a) SAMPLING, ASSESSMENT , AND INVESTIGATION OF PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN GROUND OR SURFACE WATER ;
(b) FUNDING WATER SYSTEM INFRASTRUCTURE USED FOR THE TREATMENT OF IDENTIFIED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES ;AND (c) PROVIDING EMERGENCY ASSISTANCE TO COMMUNITIES AND -8- 218 WATERSYSTEMSAFFECTEDBYPERFLUOROALKYLANDPOLYFLUOROALKYL SUBSTANCES .
(3) THE DEPARTMENT SHALL ADMINISTER THE GRANT PROGRAM AND SHALL AWARD GRANTS AS PROVIDED IN THIS SECTION.
UBJECT TO AVAILABLE APPROPRIATIONS ,GRANTS SHALL BE PAID OUT OF THE FUN.
(4) THEDEPARTMENTSHALLDEVELOPPOLICIESANDPROCEDURES AS NECESSARY TO IMPLEMENT THE GRANT PROGRAM .
AT A MINIMUM , THESE POLICIES AND PROCEDURES MUST SPECIFY:
(a) W HO MAY QUALIFY AS AN ELIGIBLE ENTIT;
(b) THE TIME FRAMES FOR APPLYING FOR GRANTS;
(c) THE CRITERIA USED TO EVALUATE AND PRIORITIZE APPLICATIONS FOR GRANTS;
(d) THE FORM OF THE GRANT PROGRAM APPLICATION ;AND (e) THE TIME FRAMES FOR DISTRIBUTING GRANT MONEY.
(5) TO RECEIVE A GRANT,AN ELIGIBLE ENTITY MUST SUBMIT AN APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH THE POLICIES AND PROCEDURES SPECIFIED BY THE DEPARTMENT .
(6) A GRANTEE SHALL USE THE MONEY RECEIVED THROUGH THE GRANT PROGRAM ONLY FOR ACHIEVING GOALS APPROVED BY THE DEPARTMENT .
(7) AGRANTEESHALLREPORTANNUALLYTOTHEDEPARTMENTON THE PROGRESS OF ANY PROJECT FINANCED BY THE GRANT PURSUANT TO TERMS SPECIFIED IN THE GRANT AWARD AGREEMENT .
(8) T HE DEPARTMENT SHALL DEVELOP A POLICY REGARDING A GRANTEE 'S NONCOMPLIANCE WITH THE GRANT AWARD AGREEMENT ENTEREDINTOBYTHEGRANTEEANDTHEDEPARTMENT .THISPOLICYMAY INCLUDEAMECHANISMFORTHEDEPARTMENTTOCONVERTTHEGRANTTO -9- 218 A LOAN WITH INTERES.
25-5-1310.
Perfluoroalkyl and polyfluoroalkyl substances takebackprogram.(1) T HEREISHEREBYCREATEDINTHEDEPARTMENT THEPERFLUOROALKYLANDPOLYFLUOROALKYLSUBSTANCESTAKEBACK PROGRAM TO CREATE AN INCENTIVE FOR THE PROPER DISPOSAL OF MATERIALS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES BY ALLOWING THE DEPARTMENT TO PURCHASE AND PROPERLY DISPOSE OF SUCH MATERIAL.
(2) THE DEPARTMENT SHALL ADMINISTER THE TAKEBACK PROGRAM AND ,SUBJECT TO AVAILABLE APPROPRIATIONS AND REVENUES FROMTHE FUND ,SHALLPURCHASE ANDDISPOSE OFELIGIBLE MATERIALS .
(3) HEDEPARTMENTSHALLDEVELOPPOLICIESANDPROCEDURES ASNECESSARYTOIMPLEMENTTHETAKEBACKPROGRAM .A TAMINIMUM , THESE POLICIES AND PROCEDURES MUST DESCRIB:
(a) WHAT MATERIALS QUALIFY AS ELIGIBLE MATERIAL;
(b) THE PURCHASE PRICE FOR EACH ELIGIBLE MATERI;L (c) THE PROPER METHOD OF DISPOSAL FOR EACH ELIGIBLE MATERIAL ;
(d) T HE TIME FRAME FOR APPLYING FOR THE PURCHASE OF ELIGIBLE MATERIALS;
(e) TEFORMOFTHEELIGIBLEMATERIALPURCHASEAPPLICATION ;
AND (f) TE TIME FRAME FOR PURCHASING ELIGIBLE MATERIAL.
(4) THAVETHEDEPARTMENTPURCHASEANELIGIBLEMATERIAL , A PERSON OR ENTITY MUST SUBMIT AN ELIGIBLE MATERIAL PURCHASE APPLICATION TO THE DEPARTMENT IN ACCORDANCE WITH THE POLICIES AND PROCEDURES ADOPTED BY THE DEPARTMENT .
-10- 218 (5) THE DEPARTMENT SHALL PUBLISH THE PURCHASE PRICE FOR EACH ELIGIBLE MATERIAL.
25-5-1311.
Reporting requirement.
(1) NOTWITHSTANDING SECTION24-1-136(11)(a)(ITHEDEPARTMENTSHALLANNUALLYREPORT BY FEBRUARY 1,2021,AND FEBRUARY 1 OFEACHYEARUNTIL FEBRUARY 1,2027,TO THE GENERAL ASSEMBLY'S COMMITTEES OF REFERENCE WITH JURISDICTION OVER PUBLIC HEALTH REGARDIN:
(a) ANYAMOUNTSCREDITEDTOTHEFUNDINTHE PREVIOUSYEAR AND THE UNOBLIGATED BALANCE OF THE FUND;
(b) THE NUMBER OF GRANT APPLICANTS AND THE NUMBER AND VALUE OF GRANTS AWARDED UNDER THE GRANT PROGRAM ;
(c) THE ELIGIBLE ENTITIES THAT HAVE APPLIED FOR A GRANT UNDER THE DEPARTMENT THE GRANT PROGRAM ,THE ACTIONS TAKEN BY EACH GRANTEE ,OTHER MEASUREMENTS OF SUCCESS ,AND THE AMOUNT OF GRANT MONEY DISTRIBUTED TO EACH GRANTEE;
(d) THE AMOUNT OF ELIGIBLE MATERIALS PURCHASED AND PROPERLY DISPOSED OF BY THE DEPARTMENT UNDER THE TAKEBACK PROGRAM ;
(e) A NY NEWLY LOCATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES ;AND (f) ANY SUGGESTED LEGISLATION OR POLICY CHANGE.
SECTION4.
InColoradoRevisedStatutes,25-7-122,amend(1) introductory portion;
and add (1)(f), (1)(g), and (1)(h) as follows:
25-7-122.
Civil penalties.
(1) Upon application of the division, penalties as determined under this article7 may be collected by the division by action instituted in the district court for the district in which is located the air pollution source affected in accordance with the -11- 218 following provisions:
(f) ANY PERSON WHO OWNS OR OPERATES STORAGE TANKS AT A GASOLINE DISPENSING FACILIT, AS DEFINED BY REGULATIONS PROMULGATED BY THE AIR QUALITY CONTROL COMMISSION , WHO VIOLATESANYREQUIREMENTTOMAINTAINAVAPORCOLLECTIONSYSTEM PURSUANTTOAIRQUALITYCONTROLREGULATIONSSHALLBESUBJECTTO A CIVIL PENALTY OF NOT MORE THAN FIFTEEN THOUSAND DOLLARS PER DAY FOR EACH DAY OF SUCH A VIOLATIO.
(g) ANYPERSONWHOOWNSOROPERATESAGASOLINEDISPENSING FACILITY,AS DEFINED BY REGULATIONS PROMULGATED BY THE AIR QUALITY CONTROL COMMISSION ,WHO VIOLATES ANY REQUIREMENT TO MAINTAIN RECORDS REQUIRED PURSUANT TO AIR QUALITY CONTROL COMMISSION REGULATIONS AND THE AIR POLLUTION CONTROL DIVISION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS .
OR A SECOND VIOLATION ,THE CIVIL PENALTY SHALL BE NOT MORE THAN TEN THOUSAND DOLLARS .
OR A THIRD OR SUBSEQUENT VIOLATION ,THE CIVIL PENALTY SHALL BE NOT MORE THAN FIFTEEN THOUSAND DOLLARS.
(h) THE DIVISIO,IN CONSULTATION WITH STAKEHOLDERS FROM GASOLINE DISPENSING FACILITIES AND GASOLINE TRANSPORT TRUCK COMPANIES ,AS DEFINED BY REGULATIONS PROMULGATED BY THE AIR QUALITY CONTROL COMMISSION , SHALL DEVELOP DESIGN,OPERATION , ANDMAINTENANCE GUIDELINESBY UNE 30,2021.THEGUIDELINESWILL ASSISTOWNERSANDOPERATORSOFGASOLINEDISPENSINGFACILITIESAND GASOLINE TRANSPORT TRUCKS IN COMPLYING WITH THE REQUIREMENTS OF AIR QUALITY CONTROL COMMISSION REGULATIONS.
SECTION 5.
Appropriation.
(1) For the 2020-21 state fiscal -12- 218 year, $156,480 is appropriated to the department of revenue.
This appropriation is from the general fund.
To implement this act, the department may use this appropriation as follows:
(a) $49,500 for tax administration IT system (GenTax) support;
(b) $36,980 for use by the taxation and complaince division for personal services;
and (c) $70,000 for use by the taxpayer service division for the fuel tracking system.
(2) For the 2020-21 state fiscal year, $1,523,380 is appropriated to the department of public safety for use by the Colorado state patrol.
This appropriation is fromthe hazardousmaterialssafetyfund created in section 42-20-107 (1), C.R.S.
To implement this act, the Colorado state patrol may use this appropriation for the hazardous materials safety program.
SECTION 6.
Safety clause.
The general assemblyherebyfinds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety.
-13- 218