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Legislative Year: 2022 Change
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Bill Detail: HB22-1355

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Title Producer Responsibility Program For Recycling
Status Governor Signed (06/03/2022)
Bill Subjects
  • Natural Resources & Environment
  • Public Health
House Sponsors L. Cutter (D)
Senate Sponsors K. Priola (R)
J. Gonzales (D)
House Committee Energy and Environment
Senate Committee Finance
Date Introduced 03/31/2022
Summary

On or before June 1, 2023, the executive director (executive
director) of the Colorado department of public health and environment
(department) must designate a nonprofit organization (organization) to
implement and manage a statewide program (program) that provides
recycling services to covered entities in the state, which are defined as
residences, businesses, schools, government buildings, and public places.

The program is funded by annual dues (producer responsibility dues) paid
by producers of products that use covered materials (producers). Covered
materials are defined as packaging materials and paper products that are
sold, offered for sale, or distributed in the state.
The bill creates the producer responsibility program for statewide
recycling advisory board (advisory board) that consists of members who
have expertise in recycling programs and are knowledgeable about
recycling services in the different geographic regions of the state.
Prior to the implementation of the program, the organization must:
  • On or before September 1, 2023, hire an independent third
party to conduct an assessment of the recycling services
currently provided in the state and the recycling needs in
the state that are not being met (needs assessment);
  • On or before April 1, 2024, report the results of the needs
assessment to the advisory board and the executive
director; and
  • On or before February 1, 2025, after soliciting input from
the advisory board and other key stakeholders, submit a
plan proposal for the program (plan proposal) to the
advisory board and executive director.
The plan proposal will initially cover recycling services only for
residential covered entities. The plan proposal must:
  • Describe how the organization will meet certain
convenience standards and statewide recycling, collection,
and postconsumer-recycled-content rates (rates);
  • Establish a funding mechanism through the collection of
producer responsibility dues that covers the organization's
costs in implementing the program and the costs of the
department in overseeing the program;
  • Establish an objective formula to reimburse 100% of the
net recycling services costs of public and private recycling
service providers (providers) performing services under the
program;
  • Provide a list of covered materials (minimum recyclable
list) that providers performing services under the program
must collect to be eligible for reimbursement under the
program;
  • Set minimum rate targets that the state will strive to meet
by January 1, 2030, and January 1, 2035, and describe how
the state can meet increased rates after 2035; and
  • Describe a process and timeline, beginning no later than
2028, to expand recycling services to applicable
nonresidential covered entities.
As part of the program, the organization must:
  • Utilize and expand on providers' existing recycling services
to provide statewide recycling services at no charge to
covered entities for all covered materials on the minimum
recyclable list;
  • Develop and implement a statewide education and outreach
program on the recycling and reuse of covered materials;
  • Contract with an independent third party to conduct an
annual audit of the program; and
  • Submit an annual report to the advisory board and the
executive director describing the progress of the program
(annual report).
Effective July 1, 2025, a producer may not sell or distribute any
products that use covered materials in the state unless the producer is
participating in the program or, after January 1, 2029, as set forth in an
additional producer responsibility program that has been approved by the
executive director.
The advisory board has the following duties:
  • Advise the organization on the needs assessment;
  • Review the needs assessment;
  • Review the plan proposal and make recommendations to
the executive director regarding its approval or rejection;
  • Review any necessary amendments to the program, make
recommendations on the amendments to the organization,
and then make recommendations to the executive director
regarding approval or rejection of the amendments;
  • Review the annual report submitted by the organization;
and
  • Consult with the organization on the development and
updating of the minimum recyclable list.
The bill establishes an administrative penalty for the organization's
or a producer's violation of the relevant statutes and rules. The collected
penalties are deposited into the recycling resources economic opportunity
fund.

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