2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 16.5 - POLLUTION PREVENTION (§§ 25-16.5-101 — 25-16.5-113) › Section 25-16.5-106.5 - Recycling resources economic opportunity fund - creation - repeal

(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Repealed.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
25-16-104.5
(3.9)(a) and credited to the fund in accordance with section
25-16-104.5
(3.9)(b);
(I.5)
Money credited to the fund pursuant to section
25-17-710 (4)
;
(II)
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
(III)
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 is annually appropriated to the department:
(a)
For the purpose of funding the recycling resources economic opportunity activities authorized 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)
;
(b)
To fund studies pursuant to sections
25-16.5-105 (1)(i)
,
25-16.5-112 (2)
,
25-16.5-113
, and
25-17-902
, and to make reimbursements pursuant to section
25-16.5-106.7
(6.5); and
(c)
To pay up to forty percent of the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center created in section
25-17-602
.
(3)
Moneys in the fund shall be used to pay for administrative costs incurred by the department in implementing the provisions of House Bill 07-1288 as enacted by the first regular session of the sixty-sixth general assembly.
(4)
Except as otherwise provided in this section, no moneys in the fund shall be used for the 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.
(5)
This section is repealed, effective July 1, 2026.
Amended by 2023 Ch. 208,§ 3, eff. 5/17/2023.
Amended by 2022 Ch. 337, § 2, eff. 8/10/2022.
Amended by 2022 Ch. 336, § 4, eff. 8/10/2022.
Amended by 2020 Ch. 289, § 3, eff. 9/14/2020.
Amended by 2013 Ch. 384, § 4, eff. 8/7/2013.
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. 625, p. 625, § 25, effective April 20. L. 2010: (1) and (2) amended, (HB 10-1018), ch. 2164, 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. 281, p. 281, § 3, effective July 1. L. 2013: (2) and (5) amended, (SB 13-050), ch. 2248, p. 2248, § 4, effective August 7. L. 2020: IP(1)(a), (1)(a)(II), and (2) amended, (SB 20-055), ch. 1431, p. 1431, § 3, effective September 14.
Subsection (1)(a)(I)(A) provided for the repeal of subsection (1)(a)(I)(A), effective July 1, 2011. (See L. 2010, p. 2181.)
2022 Ch. 337, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 336, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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.