2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › SPECIFIC TAXES (§§ 39-20-101 — 39-37-301) › SEVERANCE TAX (§§ 39-29-101 — 39-29-116) › Article 29 - Severance Tax (§§ 39-29-101 — 39-29-116) › Section 39-29-116 - Uranium mill tailings remedial action program fund - creation - oversight committee - repeal

(1)
The general assembly hereby declares that the purpose of creating the uranium mill tailings remedial action program fund is to provide a funding source to match federal funds available under the federal "Uranium Mill Tailings Radiation Control Act of 1978",
42 U.S.C. 7901
et seq., for the purpose of cleaning up certain sites designated in Colorado for cleanup. The general assembly states that its intent in enacting this section is to assure that Colorado has those state moneys set aside in order to obtain the federal funds before those federal funds are completely used in cleaning up other sites or are no longer available. The general assembly further intends that the amount of moneys transferred into this new fund from the severance tax trust fund and the amounts which will be awarded from the local government severance tax fund and the local government mineral impact fund should be sufficient to clean up all of the federal designated sites in Colorado without additional appropriation, transfers, or awards.
(2)
There is hereby created in the office of the state treasurer the uranium mill tailings remedial action program fund for the sole purpose of providing a state match to federal funds available for the cleanup of uranium mill tailing sites as designated for cleanup under the federal "Uranium Mill Tailings Radiation Control Act of 1978",
42 U.S.C. sec. 7901
et seq. The fund shall consist of moneys transferred to the fund from the severance tax trust fund in accordance with section
39-29-109(5)
as it existed prior to its repeal and any other moneys made available or appropriated into the uranium mill tailings remedial action program fund pursuant to subsection (3) of this section. The moneys in the uranium mill tailings remedial action program fund available for remedial costs only shall not exceed fifty-seven million dollars. Moneys in the fund shall be subject to annual appropriation. All interest derived from the deposit and investment of moneys in the uranium mill tailings remedial action program fund shall be credited to such fund. Any unexpended and unencumbered moneys in the uranium mill tailings remedial action program fund at the end of the 1998-99 fiscal year shall be credited and transferred to the local government severance tax fund established pursuant to section
39-29-110
.
(3)
(a)
The state treasurer may accept and credit to the uranium mill tailings remedial action program fund any donations received by the state for the express purpose of projects for the cleanup of uranium mill tailings. The donations may include any amounts made available from the local government severance tax fund and the local government mineral impact fund as directed by the executive director of the department of local affairs pursuant to section
39-29-110
and section
34-63-102
, C.R.S. It is the intent of the general assembly that a minimum of six million dollars be retained in the local government severance tax fund and the local government mineral impact fund for grants and loans to local communities.
(b)
Before or during fiscal year 1993-94, the executive director of the department of local affairs shall distribute not less than five million dollars to the uranium mill tailings remedial action program fund from the local government mineral impact fund, the local government severance tax fund, or a combination thereof. The executive director shall determine the amount of moneys, if any, to be distributed from each fund.
(c)
Before or during fiscal years 1994-95, 1995-96, and 1996-97, the executive director of the department of local affairs shall distribute in the aggregate not less than five million dollars to the uranium mill tailings remedial action program fund from the local government mineral impact fund, the local government severance tax fund, or a combination thereof; except that at least two and one-half million dollars shall be distributed before or during fiscal year 1995-96. The executive director shall determine the amount of moneys, if any, to be distributed from each fund.
(d)
For fiscal years after 1996-97, the executive director of the department of local affairs may distribute moneys from the local government mineral impact fund and the local government severance tax fund pursuant to sections
34-63-102
and
39-29-110(1)(b)(III)(A)
, C.R.S., respectively.
(4)
Repealed.
(5)
No new sites may be added to the uranium mill tailings remedial action program without the approval of the general assembly acting by bill.
(6)
This section is repealed, effective July 1, 2027.
L. 90: Entire section added, p. 1749, § 1, effective May 2. L. 93: (1) to (4) and (6) amended, p. 446, § 3, effective April 19. L. 94: (4) amended, p. 2805, § 578, effective July 1. L. 97: (2) amended, p. 336, § 1, effective April 16. L. 99: (6) amended, p. 204, § 1, effective March 31. L. 2002: (6) amended, p. 140, § 1, effective March 27. L. 2007: (4) amended, p. 191, § 29, effective March 22; (3)(d), (4), and (6) amended, p. 1367, § 2, effective May 29. L. 2011: (3)(a) and (3)(d) amended, (SB 11-238), ch. 300, p. 1446, §4, effective June 8. L. 2016: (3)(a) and (6) amended and (4) repealed, (HB 16-1141), ch. 128, p. 365, § 3, effective August 10.
Subsection (4)(a.5)(I)(B) provided for the repeal of subsection (4)(a.5)(I), effective July 1, 2007 (See L. 2007, p. 1367.), but the entire subsection (4) was repealed in 2016.