2021 Colorado Code
Title 25 - Public Health and Environment
Article 7 - Air Quality Control
Part 1 - Air Quality Control Program
§ 25-7-129. Disposition of Fines - Community Impact Cash Fund - Repeal

1. There is hereby created in the state treasury the community impact cash fund, referred to in this section as the “fund”. The fund consists of money credited to the fund pursuant to subsection (2) of this section, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund.
2. 1. All receipts from penalties or fines collected under sections 25-7-115, 25-7-122, and 25-7-123 shall be credited in the following manner:
      1. For state fiscal year 2021-22, twenty percent of the receipts from penalties or fines collected during the fiscal year shall be credited to the fund, and eighty percent to the general fund;
      2. For state fiscal year 2022-23, forty percent of the receipts from penalties or fines collected during the fiscal year shall be credited to the fund, and sixty percent to the general fund;
      3. For state fiscal year 2023-24, sixty percent of the receipts from penalties or fines collected during the fiscal year shall be credited to the fund, and forty percent to the general fund;
      4. For state fiscal year 2024-25, eighty percent of the receipts from penalties or fines collected during the fiscal year shall be credited to the fund, and twenty percent to the general fund; and
      5. For state fiscal year 2025-26 and any state fiscal year thereafter, one hundred percent of the receipts from penalties or fines collected during the fiscal year shall be credited to the fund.

   2. This subsection (2)(b) and subsections (2)(a)(I), (2)(a)(II), (2)(a)(III), and (2)(a)(IV) of this section are repealed, effective September 1, 2027.

3. 1. Beginning in fiscal year 2022-23, the department may expend money from the fund to provide grants for environmental mitigation projects pursuant to section 25-1-134 (2)(g)(VII).
   2. Money in the fund may also pay for the direct and indirect costs of the environmental justice advisory board created in section 25-1-134 (2), including per diem and expenses of the advisory board, and the department's costs for administering the grant program created in section (g)(VII).
   3. Money in the fund is exempt from section 24-75-402 (3).
   4. The department may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes set forth in this subsection (3).
   5. Money in the fund is continuously appropriated to the department to accomplish the purposes set forth in this subsection (3).

History. Source: L. 79: Entire article R&RE, p. 1049, § 1, effective June 20. L. 2021: Entire section amended,(HB 21-1266), ch. 411, p. 2740, § 13, effective July 2.

Section 24 of chapter 411 (HB 21-1266), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after July 2, 2021.

For the short title (“Environmental Justice Act”) and the legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.