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Legislative Year: 2021 Change
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Bill Detail: SB21-180

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Title Recycling And Composting Enterprise Grant Program
Status House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed (06/15/2021)
Bill Subjects
  • Natural Resources & Environment
House Sponsors S. Bird (D)
B. Titone (D)
Senate Sponsors K. Priola (R)
R. Zenzinger (D)
House Committee Energy and Environment
Senate Committee Business, Labor and Technology
Date Introduced 03/10/2021
Summary

The bill creates the Colorado recycling and composting
infrastructure enterprise (enterprise) within the department of public
health and environment (department) to develop and modernize the
recycling and composting infrastructure in the state. The enterprise is
authorized to issue revenue bonds.
The bill creates the Colorado recycling and composting
infrastructure enterprise grant program (grant program) within the
department to provide grants to eligible entities to:

  • Create new or expand existing recycling, recovery, and
composting operations;
  • Create markets for recycled materials, including the use of
food service packaging as feedstock in the production of
new products; and
  • Facilitate recycling, composting, litter cleanup, and
education efforts concerning recycling and composting
practices.
The bill creates the Colorado recycling and composting
infrastructure enterprise board (enterprise board) to administer the grant
program and submit an annual report concerning the grant program.
The bill creates the Colorado recycling and composting
infrastructure enterprise grant program cash fund (cash fund) and requires
the enterprise board to award grants from the cash fund.
The bill allows the executive board to promulgate rules to
implement the grant program and requires the solid and hazardous waste
commission (commission) to promulgate rules establishing a process for
calculating the rates at which common types of food service packaging
are being recycled or composted in the state, based on recently available
data. On or before January 1, 2025, the commission must use the process
to calculate such rates. Thereafter, the commission must recalculate each
rate at least every 2 years. The enterprise board must evaluate the rates
and advise the commission regarding their accuracy.
The bill requires the enterprise to determine and impose a fee on
food service packaging that is initially sold or offered for sale in the state,
as follows:
  • On and after January 1, 2022, and until January 1, 2030, the
enterprise shall impose a fee in an amount to be determined
by the enterprise but which may not exceed three-tenths of
a cent on each unit of the food service packaging;
  • On and after January 1, 2030, and until January 1, 2035, if
the food service packaging is a type of food service
packaging for which the commission has calculated a
recycling or composting rate that is less than 50%, the
enterprise shall impose a fee in an amount to be determined
by the enterprise but which may not exceed six-tenths of a
cent on each unit of the food service packaging; and
  • On and after January 1, 2035, if the food service packaging
is a type of food service packaging for which the
commission has calculated a recycling or composting rate
that is less than 75%, the enterprise shall impose a fee in an
amount to be determined by the enterprise but which may
not exceed one cent on each unit of the food service
packaging.
The enterprise shall collect the fee from the distributor that initially
sells the food service packaging into the state. All money collected as fees
must be deposited into the cash fund.
The bill requires the commission to conduct an assessment of the
state's recycling and composting infrastructure on or before January 1,
2022, including examining the types of food service packaging being
collected, processed, recycled, or composted in the state.

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