Waste tire fee - distribution - rules.

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(1) (a) (I) Repealed.

  1. Effective January 1, 2020, and continuing through December 31, 2025, retailers ofnew motor vehicle tires and new trailer tires shall collect a waste tire fee in an amount to be set by the commission, by rule, not to exceed two dollars on the sale of each new tire; except that, effective on and after January 1, 2024, the waste tire fee is fifty-five cents on the sale of each new tire.

  2. Effective January 1, 2020, the commission may review the fee on an annual basisand, by rule, adjust the fee amount in a manner consistent with the obligations set forth in subsection (2) of this section. The commission shall set the fee in an amount that is sufficient to:

(A) Offset the department's direct and indirect costs of implementing this part 14, which costs must not exceed the equivalent of fifty cents for each new tire sold; and (B) Cover the rebate program described in section 30-20-1405.

(IV) The receipt from the retailer to the customer for every new tire purchased must contain the following statement in the largest bold-faced type capable based on point-of-sale software and on existing invoice printers, not to exceed fifteen points: "Section 30-20-1403, Colorado Revised Statutes, requires retailers to collect a waste tire fee set by the solid and hazardous waste commission on the sale of each new motor vehicle tire and each new trailer tire."

(b) The retailer shall submit to the department by the twentieth day of each month all fees collected pursuant to this section in the preceding month together with any report required by the department. The department shall transmit the fees to the state treasurer, who shall credit them in accordance with subsection (2) of this section or as specified in rules promulgated by the commission.

(2) (a) From January 1, 2020, through December 31, 2025, the state treasurer shall distribute the revenue from the fee assessed in subsection (1) of this section as follows:

  1. The portion of the fee collected to offset the costs described in subsection (1)(a)(III)(A) of this section to the waste tire administration, enforcement, market development, and cleanup fund created in section 30-20-1404; and

  2. The portion of the fee collected to cover the costs described in subsection

(1)(a)(III)(B) of this section to the end users fund created in section 30-20-1405.

  1. (Deleted by amendment, L. 2019.)

(b) (Deleted by amendment, L. 2019.)

Source: L. 2014: Entire part added, (HB 14-1352), ch. 351, p. 1579, § 1, effective July 1. L. 2019: (1)(a) and (2) amended, (SB 19-198), ch. 402, p. 3559, § 2, effective August 2.

Editor's note: Subsection (1)(a)(I)(B) provided for the repeal of subsection (1)(a)(I), effective July 1, 2020. (See L. 2019, p. 3559.)


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