2 Colo. Code Regs. § 607-1.00
The Clean Transit Enterprise is authorized by C.R.S. § 43-4-1203(6)(g) to promulgate rules setting the amount of the Clean Transit Retail Delivery Fee at or below maximum levels contained in C.R.S. § 43-4-1203(7) and to govern the process by which the Enterprise accepts applications for, awards, and oversees grants, loans, and rebates pursuant to C.R.S. § 43-4-1203(8).
SB21-260 Sustainability of the Transportation System created new sources of dedicated funding and new state enterprises intended to preserve, improve, and expand existing transportation infrastructure, develop the modernized infrastructure needed to support the widespread adoption of Electric Motor Vehicles, and mitigate environmental and health impacts of transportation system use. To accomplish these goals, the legislation established a Clean Transit Enterprise (CTE), an enterprise and government owned business within the Colorado Department of Transportation (CDOT) for the purpose of collecting fee revenue to reduce or mitigate the adverse impacts of air pollution and greenhouse gas emissions produced by gas and diesel-powered motor vehicles used for Retail Deliveries. CTE will support the adoption of Electric Motor Vehicles for Transit. The Enterprise is a Type 1 transfer agency and as such the Legislature specifically vested the Enterprise with the authority to promulgate rules to set the amount of the required Clean Transit Retail Delivery Fee and to govern the process by which the Enterprise accepts applications for, awards, and oversees grants, loans, and rebates. Per statute, the Enterprise can set a maximum fee of $0.03 per Retail Delivery. The fee delineated in the rule mirrors the fee amount set in C.R.S. § 43-4-1203.
The Enterprise shall notify the Department of Revenue (DOR) of the amount of the Clean Transit Retail Delivery Fee to be collected for Retail Deliveries of Tangible Personal Property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins. CDOT will work with DOR to determine the maximum fee amount that may be imposed, which shall be the maximum amount for the prior state fiscal year adjusted for inflation.
2 CCR 607-1.00