(1) (a) The recycling resources economic opportunity fund, referred to in this section as the "fund", is hereby created in the state treasury. The fund consists of:
(I) (A) Repealed.
(B) Effective July 1, 2011, moneys collected for the fund pursuant to section 25-16104.5 (3.9)(a) and credited to the fund in accordance with section 25-16-104.5 (3.9)(b).
Any money appropriated to the fund by the general assembly, including money appropriated for personal property tax reimbursements for eligible recycling businesses pursuant to section 25-16.5-105 (1)(n); and
All other moneys that may be available to the fund, including moneys made available from gifts, grants, or bequests.
(b) All interest derived from the deposit of moneys in the fund shall be credited to the fund. At the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.
(2) The money generated pursuant to subsection (1) of this section shall be annually appropriated to the department:
For the purpose of funding the recycling resources economic opportunity activitiesauthorized by section 25-16.5-106.7, as well as any administrative costs associated therewith, including the grants authorized to be made under section 25-16.5-106.7 (3) and grant program oversight authorized by section 25-16.5-105.5 (3); and
To fund studies pursuant to sections 25-16.5-105 (1)(i), 25-16.5-112 (2), and 2516.5-113, to make reimbursements pursuant to section 25-16.5-106.7 (6.5), and to finance the statewide campaign described in section 25-17-108.
Moneys in the fund shall be used to pay for administrative costs incurred by thedepartment in implementing the provisions of House Bill 07-1288 as enacted by the first regular session of the sixty-sixth general assembly.
Except as otherwise provided in this section, no moneys in the fund shall be used forthe administration, implementation, or enforcement of any state law or rule.
(4.5) Notwithstanding any provision of this section to the contrary, on April 20, 2009, the state treasurer shall deduct one million five hundred thousand dollars from the recycling resources economic opportunity fund and transfer such sum to the general fund.
This section is repealed, effective July 1, 2026.
Source: L. 2007: Entire section added, p. 1138, § 5, effective July 1. L. 2008: (2) amended, p. 914, § 1, effective May 20. L. 2009: (4.5) added, (SB 09-208), ch. 149, p. 625, § 25, effective April 20. L. 2010: (1) and (2) amended, (HB 10-1018), ch. 421, p. 2164, § 4, effective June 10; (1) and (2) amended, (HB 10-1018), ch. 421, p. 2181, § 16, effective July 1; (1), (2), and (5) amended, (HB 10-1052), ch. 84, p. 281, § 3, effective July 1. L. 2013: (2) and (5) amended, (SB 13-050), ch. 384, p. 2248, § 4, effective August 7. L. 2020: IP(1)(a), (1)(a)(II), and (2) amended, (SB 20-055), ch. 289, p. 1431, § 3, effective September 14.
Editor's note: (1) Subsection (1)(a)(I)(A) provided for the repeal of subsection (1)(a)(I)(A), effective July 1, 2011. (See L. 2010, p. 2181.)
(2) Section 8 of chapter 289 (SB 20-055), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after September 14, 2020.
Cross references: For the legislative declaration contained in the 2007 act enacting this section, see section 2 of chapter 278, Session Laws of Colorado 2007. For the legislative declaration in the 2010 act amending subsections (1), (2), and (5), see section 1 of chapter 84, Session Laws of Colorado 2010.