(1) (a) There is created in the state treasury the end users fund, referred to in this
section as the fund, consisting of the fee revenue credited pursuant to section 30-20-1403 (3)(a)(II).
(b) The state treasurer shall credit all interest and any other return on the
investment of money in the fund to the fund. Money credited to the fund is
continuously appropriated to the enterprise for the purposes set forth in this
section.
(1.5) Repealed.
(2) (a) The enterprise, in consultation with the department, shall use the
money in the fund to provide quarterly rebates to in-state:
(I) End users; and
(II) Retailers that sell tire-derived products.
(b) A waste tire hauler of tires in a rural county is only eligible for rebates
pursuant to this subsection (2) if the waste tire hauler is also an end user or has
contracted with an end user that is also a waste tire hauler.
(3) The rebate is subject to the following conditions:
(a) The enterprise shall pay the rebate amount quarterly, on a per-ton basis;
and
(b) Once the enterprise has paid a rebate on a particular quantity of tire-derived product, every part of that particular quantity of tire-derived product is no
longer eligible for payment of the rebate.
(4) (a) The enterprise, in consultation with the commission, shall annually set
the amount of the rebate, on a per-ton basis, and the enterprise shall pay the set
rebate amount for each ton of qualified tire-derived product. The enterprise shall
calculate the rebate to equal, but not exceed, the amount of the anticipated income
transferred into the fund during each succeeding twelve-month period.
(b) Each year, the enterprise shall continue to provide the rebate in
accordance with the tiered structure set forth in subsection (5)(e) of this section
until:
(I) All qualified rebate requests submitted in that year are satisfied; or
(II) There is insufficient money in the fund to support additional rebate
payments.
(5) The commission shall promulgate rules governing administration of the
rebate. On and after the effective date of this section, as amended, the commission
shall consult with the enterprise in adopting rules governing administration of the
rebate. The commission's rules must include the following:
(a) A quarterly rebate schedule for qualified recipients, with the first end
user payout in July 2020, to be issued for end uses that occur between April 1, 2020,
and June 30, 2020;
(b) A requirement that twenty-five percent of the expected annual rebate
amount be held in reserve before paying the first quarterly rebate;
(c) If the balance of the fund is anticipated to be insufficient to pay out all of
the rebates applied for, a requirement that the enterprise:
(I) Give notice of the anticipated insufficiency to all end users that during the
preceding twelve months have submitted an application for a rebate; and
(II) Pay a proportionally reduced rebate beginning with tier 1 and rural waste
tire hauler rebate recipients, continuing to tier 2 rebate recipients, and ending with
tier 3 rebate recipients;
(d) A requirement that an end user that qualifies for a rebate by utilizing
waste tires for:
(I) Alternative daily cover must verify with the enterprise that the alternative
daily cover meets all specification standards for all type-B tire-derived aggregate,
as established by the ASTM standard D6270; and
(II) Tire-derived aggregate must verify with the enterprise that the tire-derived aggregate meets all specification standards for all type-A and type-B tire-derived aggregate, as established by the ASTM standard D6270; and
(e) Three tiers of rebate amounts that the enterprise may pay out based on
the amount of the waste tire that was used and destroyed as follows:
(I) Tier 1: Full rebates going to crumbed rubber end uses and end uses that
completely destroy the waste tire for the purpose of energy recovery or other clean
technologies as defined and approved by rule;
(II) Tier 2: Fifty percent of the full rebate going to end uses such as molded
products and rubber mulch; and
(III) Tier 3: Twenty-five percent of the full rebate going to tire bale end uses
and end uses for alternative daily cover and tire-derived aggregate that meet the
ASTM standard D6270.
(6) The enterprise:
(a) Shall pay:
(I) The rebate only for waste tires that are generated and processed in
Colorado; and
(II) An end user only if the end use involves tire-derived products in Colorado
or use of the entire waste tire to generate energy or fuel in Colorado; and
(b) May deny:
(I) The rebate to a person that is out of compliance with any state or federal
environmental laws, rules, or regulations; and
(II) All future rebates pursuant to this section and grants of money from the
waste tire management enterprise fund created in section 30-20-1404 to an
applicant that knowingly or intentionally provides false information to the
enterprise when applying for a rebate or for a grant of money from the waste tire
management enterprise fund.
(7) Waste tires obtained from rural counties are eligible for an additional
rebate amount of twenty-five dollars per ton; however, the additional rebate
amount must not exceed the rebate amount for tier 3 rebates as determined by rule
pursuant to subsection (5)(e)(III) of this section. To qualify for the additional rebate
amount set forth in this subsection (7), an end user must provide evidence to the
enterprise documenting the county of origin for each waste tire.
(8) The enterprise shall require that an end user submit an application for a
rebate that contains self-certifications provided by the end user regarding:
(a) The total tonnage of tires processed; and
(b) The total tonnage of tires collected in rural counties.
(9) (a) On or after January 1, 2026, and until December 31, 2041, the
enterprise may issue rebates applied for pursuant to this section.
(b) The commission, in consultation with the enterprise, shall repeal any
rules concerning the fund and implementation of this section once the enterprise
has issued the final rebates pursuant to subsection (9)(a) of this section.
(c) On July 1, 2042, the state treasurer shall transfer any money left in the
fund to the general fund.
(10) This section is repealed, effective December 31, 2042.