DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission
Hazardous Materials and Waste Management Division
6 CCR 1007-2

Statement of Basis and Purpose
 and Specific Statutory Authority for

Amendment to the Regulations Pertaining to Solid Waste Sites and Facilities (6 CCR 1007-2, Part 1) – Section 1.7.6 (Waste Tire Fee) 

Basis and Purpose
	
I.	Statutory Authority

Section 30-20-1403, C.R.S. requires the Solid and Hazardous Waste Commission to set the Waste Tire Fee at $0.55, effective on and after January 1, 2018.   

II.	Purpose of new regulation:

Section 1.7.6 (Waste Tire Fee) is being amended to reduce the Waste Tire Fee Amount from $1.50 to $0.55 on the sale of each new motor vehicle tire and new trailer tire. This fee is not a new fee as the Commission previously set the Waste Tire Fee at $1.50 on August 19, 2014 (effective September 30, 2014). This amendment complies with the directive of HB14-1352 and Section 30-20-1403, C.R.S., which requires that the Waste Tire Fee be reduced to $0.55 beginning January 1, 2018.  

Discussion of Regulatory Proposal

The amended section 1.7.6 requires retailers of new motor vehicle tires and new trailer tires to collect a Waste Tire Fee in an amount of $0.55 on the sale of each new motor vehicle tire and new trailer tire and remit the fee to the Department by the 20th of each month. The fee will continue to be collected on all new automobile, trailer, truck, motor home, and motorcycle tires. The $.55 fee is not a new fee as retailers are currently collecting a $1.50 fee on the sale of each new motor vehicle tire and new trailer tire and remitting the fee to the Department.  

Description of Local Government Involvement in the Stakeholder Process 
	
	Executive Order D 2011-005 (EO-5), “Establishing a Policy to Enhance the Relationship between State and Local Government” requires state rulemaking agencies to consult with and engage local governments prior to the promulgation of any rules containing mandates.  The Department completed an EO-5 Internal Communication Form – Conception Phase that was transmitted to local governments. Local governments who purchase new motor vehicle or new trailer tires will continue to have to pay the Waste Tire Fee, which will be reduced to $0.55.
	
Issues Encountered During Stakeholder Process: 

A stakeholder meeting was not held for setting the fee at $0.55 due to the fact that the fee reduction is required by Section 30-20-1403, C.R.S. Prior to the effective date of the new fee amount, the Department will contact retailers of new motor vehicle tires and new trailer tires about the new fee amount that must be collected on the sale of each new tire.

Regulatory Alternatives

	No other regulatory alternatives were evaluated.

Cost/Benefit Analysis

A cost-benefit analysis will be performed if requested by the Colorado Department of Regulatory Services.