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Recycling News

HB17-1275 Increase Solid Waste Diversion

CONCERNING ADDITIONAL MEASURES TO INCREASE WASTE DIVERSION

View the Official Bill

Status

03/17/2017 House Introduced In House – Assigned to Transportation & Energy

Sponsors

WINTER/PRIOLA

The bill directs the department of public health and environment and the Colorado office of economic development to assist in increasing waste diversion in Colorado by establishing diversion goals, requiring data collection and reporting by counties and landfills, and providing technical assistance to counties and landfills regarding the data collection and reporting. (Note: This summary applies to this bill as introduced.)

This entry was posted on Monday, March 20th, 2017.

SB17-047 Additional Incentives Beneficial Use Waste Tires

CONCERNING ADDITIONAL INCENTIVES FOR THE BENEFICIAL USE OF COLORADO WASTE TIRES

View the Official Bill

Status

01/11/2017 Introduced In Senate – Assigned to Agriculture, Natural Resources, & Energy

Sponsors

CORAM

Under current law:

  • A generator of a waste tire pays a per tire fee, which the solid and hazardous waste commission can reduce by rule below its statutory level of $1.50. The fee is distributed as follows: 30% to the waste tire administration, enforcement, and cleanup fund; 65% to the end users fund; and 5% to the waste tire market development fund;
  • To be eligible for a rebate from the end users fund for the use of whole waste tires, an end user must use the waste tire to generate energy or fuel; and
  • Effective January 1, 2018, the waste tire fee is reduced to 55 cents, the end users fund and the waste tire market development fund will be repealed, and all of the money from the waste tire fee will be credited to the waste tire administration, enforcement, and cleanup fund.

Section 1 of the bill includes within the definition of an ‘end user’ a person who uses a whole waste tire, when baled with other waste tires, for an agricultural purpose.
Section 2 changes the amount of the waste tire fee and its allocation to the 3 funds as follows:

  • Until December 31, 2021, the fee cannot exceed $1.50;
  • From January 1, 2022 through December 31, 2022, the fee cannot exceed $1.25;
  • On and after January 1, 2023, the fee cannot exceed $1;
  • The state treasurer will distribute the fees as follows:
  • Until December 31, 2021, 30% to the waste tire administration, enforcement, and cleanup fund; 65% to the end users fund; and 5% to the waste tire market development fund;
  • Effective January 1, 2022 , through December 31, 2022, 36% to the waste tire administration, enforcement, and cleanup fund; 55% to the end users fund; and 9% to the waste tire market development fund;
  • Effective January 1, 2023, through December 31, 2023, 30% to the waste tire administration, enforcement, and cleanup fund; 65% to the end users fund; and 5% to the waste tire market development fund; and
  • On and after January 1, 2024, 45% to the waste tire administration, enforcement, and cleanup fund; and 55% to the waste tire market development fund.

Section 3 extends the repeal date of the end users fund to January 1, 2024.
Section 4 eliminates the January 1, 2018, repeal of the waste tire market development fund and modifies the grant and loan program financed by the fund to specify that:

  • The commission must, by rule, allocate a minimum percentage of the fund’s revenue to the grant and loan program; and
  • If the recipient of a loan complies with the terms of the loan during an initial period, the loan converts to a grant.

(Note: This summary applies to this bill as introduced.)

This entry was posted on Monday, January 16th, 2017.

Tell the Governor to support the Colorado Climate Plan

Tell Governor Hickenlooper recycling is a priority solution to reduce carbon pollution

The Hickenlooper Administration is considering an Executive Order directed at actions to further implement the Colorado Climate Plan (PDF). The climate plan has been criticized for omitting any discussion of the significant upside potential of recycling for combating climate change. We need to speak up – especially businesses that are significant employers – about the environmental and economic benefits of recycling. (Read more in “Climate Plan: When will recycling get its due?” by Roger Freeman)

Send a Message to the Governor

Contact Governor Hickenlooper. Use the following points in your message:

  • I encourage you to continue your leadership on climate action and implement the executive order related to the Colorado Climate Plan.
  • Recycling, composting and waste reduction strategies are some of the fastest, most cost-effective climate actions we can take today. Our industry is ready to take action.
  • More than 40% of U.S. greenhouse gas emissions come from how we produce, consume and dispose of our stuff and our food.
  • Colorado lags behind when it comes to recycling, recovering only 12% of our waste compared to 34% nationwide. By growing the recycling industry in our state, we can help reduce greenhouse-gas emissions and create green jobs that improve local economies—a win-win!

Fact Sheets
Recycling: An Economic Opportunity (PDF)
Recycling and Climate Change (PDF)

Questions?
Annmarie Jensen, Jensen Public Affairs – 720-999-4765

Jessie Burley, CAFR Policy Committee Chair – jessie@
highcountryconservation.org

This entry was posted on Friday, November 4th, 2016.

New tax exemption for recyclers. Learn how your business could qualify

If you’re a recycler or remanufacturer, this could benefit you!

In 2016, after two years of negotiations and coalition building, the Colorado Association for Recycling introduced a successful bill to treat machinery and equipment used in the recycling and reprocessing of waste products the same as those used in the traditional manufacturing process. SB16-124 clarifies that the state sales and use tax exemption should also apply to modern remanufacturing practices.

Download the Tax Exemption Fact Sheet (PDF)

How to Claim an Exemption

There are two avenues available to recyclers registered with the Colorado Department of Public Health and Environment to obtain the sales and use tax exemption:

Option 1At the time of purchase
Recyclers can present a completed form DR 1191 at the time of purchase. The entity making the exempt purchase must make copies and provide one to the vendor, one to the Department of Revenue, and keep one for its records

Option 2Claim for refund
If the exemption is not granted at the time of purchase, recyclers can claim the exemption by completing and submitting form DR 0137V for refund on sales tax paid. Entities typically request a refund for tax paid in error for manufacturing equipment and machinery. With
any claim for refund, the entity must provide receipts for the transactions for which it is requesting the refund. Statute of limitations: Statute of limitations for requesting a
refund for sales tax is three years from the date of purchase.

To expedite processing, entities claiming the exemption at the time of purchase or as claim for refund, should include the name of the facility as identified on the list of registered recyclers maintained by the Colorado Department of Public Health and Environment.

Manufacturing Sales and Use Tax Exemption for Recyclers

  • Eligible entities are listed as a registered recycler through the Colorado Department of Public Health and Environment.
  • Present form DR 1191 at time of purchase or submit form DR 0137B for claim for refund.
  • Statute of limitations for requesting a refund is three years from the date of purchase.

More Information
Colorado Department of Revenue
Taxation Division
303-238-SERV (7378)
www.taxcolorado.com
Customer Service Representatives are available Monday through Friday, 8 a.m. to 4:30 p.m.

This entry was posted on Monday, August 22nd, 2016.

Willing to host a tour of your recycling program or facility? Let us help

Gain support from your local representatives

Summer and fall are great times to showcase your facility’s or program’s progress and success.

Inviting elected officials and policymakers to tour your facility or program and to learn more about the work you do is an effective method to forge strong relationships and educate opinion leaders.

Let Us Help

If you’re willing to host a tour, we can help connect you with your local leaders and candidates. Contact Annmarie Jensen, Jensen Public Affairs, at 720-999-4765 or aj@jensenpublicaffairs.com.

How-to Guide

How To Host A Tour (PDF)

Ready to start planning? CAFR’s step-by-step guide for hosting a successful tour has been designed for general use and offers suggestions and considerations for customizing your tour. The guide was adapted from Jensen Public Affairs and updated by the CAFR Policy Committee in May of 2016 as a benefit for CAFR members.

Ready to host a tour?
Contact Annmarie Jensen at aj@jensenpublicaffairs.com or 720-999-4765.

If you host a tour
Please let us know. Send a note to amy@cafr.org.

Questions about CAFR’s Policy Committee?
Contact Jessie Burley, CAFR Policy Committee Chair, at 970-668-5703 or jessie@highcountryconservation.org

This entry was posted on Tuesday, July 26th, 2016.

SB16-124 Machine Tools Sales Tax Exempt Recovered Materials

CONCERNING SALES AND USE TAX TREATMENT OF EQUIPMENT USED FOR PROCESSING RECOVERED MATERIALS

View the Official Bill

Status

06/08/2016 Governor Signed

Sponsors

GRANTHAM/PRIOLA

Purchases of machinery or machine tools to be used in Colorado directly and predominantly in manufacturing tangible personal property are currently exempt from state sales and use tax. The bill would extend the exemption to machinery or machine tools purchased by a business to process recovered materials

Fiscal Impact

This entry was posted on Thursday, June 9th, 2016.

HB16-1004 Measurable Goals Deadlines CO Climate Action Plan

CONCERNING A REQUIREMENT TO INCLUDE MEASURABLE GOALS THAT ARE SUBJECT TO DEADLINES IN COLORADO’S CLIMATE ACTION PLAN

View the Official Bill

Status

03/30/2016 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely

Sponsors

WINTER/ARNDT

Summary

The bill requires:

  • The state climate action plan to include specific measurable goals, the achievement of which will either reduce Colorado’s greenhouse gas emissions or increase Colorado’s adaptive capability to respond to climate change, along with associated near-term, mid-term, and long-term deadlines to achieve the goals; and
  • The annual climate report to the general assembly to include an analysis of the progress made in meeting the measurable goals and deadlines specified in the plan

Fiscal Impact

This entry was posted on Thursday, March 31st, 2016.

Recyclers meet with senators and representatives during CAFR’s Lobby Day and Legislative Reception

On Wednesday, January 27, CAFR members from around Colorado descended on the Capitol for the inaugural CAFR Lobby Day and Legislative Reception. Wearing green “I Recycle” stickers, recyclers and legislators alike discussed the economic and environmental benefits of recycling, reuse, and remanufacturing to the State of Colorado. CAFR was introduced in the House gallery and welcomed by Representative Foote, but the interaction didn’t stop there.

Throughout the day, CAFR members worked in teams of three and four to target legislators in key districts, providing lawmakers with educational information, and promoting CAFR’s tax exemption bill for recyclers (SB16-124). CAFR also proposed a Recycling Market Analysis as a long-term strategy to attract new recycling and remanufacturing businesses to the state.

Over lunch, CAFR members spoke with Zach Pierce, Energy and Natural Resource Policy Advisor to Governor Hickenlooper, about how to elevate recycling at the executive level. The group was joined by Senator Newell, former champion of the Paint Stewardship Program enacted in 2015, and Representative Roupe and Representative Joshi.

Senator Kevin Grantham, the tax exemption bill sponsor, welcomed more than 40 attendees to the Legislative Reception in the evening. A huge thank you to Stoney’s Bar and Grill, a Denver Certifiably Green restaurant, who hosted the reception. They generously donated the appetizers, space, and AV. Stoney’s also highlighted their sustainability efforts and the importance of a robust recycling industry to their local business.

Lastly, a big thank you to the CAFR Policy Committee whoorganized this event. If you’re interested in joining the Policy Committee, contact Jessie Burley at jessie@highcountryconservation.org.

This entry was posted on Monday, February 8th, 2016.

SB15-076 Dispose Cathode Ray Tubes At Hazardous Waste Sites

CONCERNING AN AUTHORIZATION OF THE LAND DISPOSAL OF CATHODE RAY TUBES

View the Official Bill

Status

04/30/2015 Senate Committee on Agriculture, Natural Resources, & Energy Postpone Indefinitely

Sponsors

GRANTHAM

Summary

Current law generally prohibits the land disposal of electronic devices, including those that contain cathode ray tubes. The bill allows the disposal of cathode ray tubes, including electronic devices that contain them, at hazardous waste disposal sites.

Fiscal Impact

This entry was posted on Wednesday, May 6th, 2015.

HB15-1386 Align Recycling & Machine Tool Tax Exemptions

CONCERNING THE STATE SALES AND USE TAX TREATMENT OF EQUIPMENT USED FOR WASTE DIVERSION OR RECYCLING, AND, IN CONNECTION THEREWITH, ALIGNING THE SALES AND USE TAX TREATMENT OF EQUIPMENT USED FOR WASTE DIVERSION OR RECYCLING WITH THE SALES AND USE TAX TREATMENT OF MACHINERY AND MACHINE TOOLS USED IN MANUFACTURING TANGIBLE PERSONAL PROPERTY

View the Official Bill

Status

05/05/2015 Senate Committee on Appropriations Postpone Indefinitely

Sponsors

SINGER/PRIOLA/SCOTT/HEATH

Summary

Under current law, machinery and machine tools used in manufacturing tangible personal property are exempt from the state sales and use tax; however, equipment used for waste reduction or recycling purposes is not. For the calendar year 2015, the bill allows a taxpayer who operates a recycling or composting facility that submits a recycling or composting facility annual report to the department of public health and environment to apply for a refund of any state sales tax or use tax paid for waste reduction or recycling equipment. The bill specifies the types of equipment to which the refund applies and specifies procedures for applying to the department of revenue to receive the refund. For the calendar years 2016 and 2017, the refund is changed from a refund to a sales and use tax exemption.

Fiscal Impact

This entry was posted on Thursday, April 30th, 2015.

HB15-1206 Sales & Use Tax Refund For Recycling Equipment

CONCERNING A REFUND OF STATE SALES AND USE TAXES PAID UPON MACHINERY OR EQUIPMENT USED IN THE RECYCLING PROCESS

View the Official Bill

Status

03/18/2015 House Committee on Finance Postpone Indefinitely

Sponsors

SINGER

Summary

For each of the calendar years 2015 through 2019, the bill allows a taxpayer to apply for a refund of any state sales tax or use tax paid for machinery or equipment used directly and primarily in the recycling or reprocessing of waste products. The bill specifies the types of machinery or equipment to which the refund applies and specifies procedures for applying to the department of revenue to receive the refund.

Fiscal Impact

This entry was posted on Monday, March 23rd, 2015.

SB15-083 Certain Private Org Subject To CORA Requirements

CONCERNING THE APPLICATION OF THE “COLORADO OPEN RECORDS ACT” TO PRIVATE ORGANIZATIONS THAT RECEIVE CERTAIN TRANSFERS OF MONEY FROM A GOVERNMENT ENTITY

View the Official Bill

Status

02/04/2015 Senate Committee on Judiciary Postpone Indefinitely

Sponsors

HILL/HOLBERT

Summary

The bill modifies the definition of “public records” under the “Colorado Open Records Act” to include all writings made, maintained, or kept by a private organization that receives moneys collected by the state or a political subdivision of the state at the request of a public employee or taxpayer and that involve the receipt or expenditure of moneys by the private organization.

Fiscal Impact

This entry was posted on Thursday, February 5th, 2015.

Recycling a boon to Colorado’s economy, study shows

The Colorado Department of Health and Environment (CDPHE) recently announced that recycling, reuse and remanufacturing have positive economic impacts on the state’s economy, according to a study commissioned CDPHE. The study found the following benefits from the waste diversion industry:

  • It sustains more than 85,000 jobs.
  • State and local tax revenues generated from waste diversion activities amount to nearly $1.3 billion per year.
  • The industry accounts for approximately 5 percent of Colorado’s overall economic output.
  • For every job created within the waste diversion industry, one additional job is created elsewhere in the labor market.

“This study reveals that investing in infrastructure that helps reduce the amount of waste sent to landfills is a win-win situation for the economy and the environment,” said Eric Heyboer, Recycling Grant Program administrator at the department.

ENVIRON International, the consulting firm hired to complete the study, used the economic input-output modeling system IMPLAN, or Impact Analysis for Planning, as the basis of its analysis. The firm also conducted a survey of businesses, nonprofits and local governments directly associated with the industry.

Read the entire report, Economic Study of Recycling in Colorado, on the department’s website.

This entry was posted on Friday, January 16th, 2015.

CDPHE releases report evaluating recycling, composting and pyrolysis

In 2013, CAFR helped pass Senate Joint Resolution 13-038 that directed the Colorado Department of Public Health and Environment (CDPHE) to host a limited number of meetings with stakeholders to evaluate the use of recyclable materials that are beneficial for recycling, composting and pyrolysis and to develop a report with recommendations on how to further improve the sustainability of Colorado’s waste-related resources.

The report, available here, reviews the existing practices and emerging technologies being developed for beneficially managing discarded material and evaluates the potential impacts and that recycling, composting and pyrolysis may have.

Reducing waste generation and increasing the amount of waste recycled and composted are more effective options to reduce waste than utilizing conversion technologies such as pyrolysis, according to the report.

Additionally, the report highlights anaerobic digestion, for energy production and diversion or organic waste, and developing local end markets for derived resources, which has the potential to result in environmental benefits, economic growth and new employment opportunities, as potential areas for further exploration.

With a diversion rate of 26% in 2012, Colorado fell below the national average of 34% in the amount of material that is diverted annually from landfill disposal to recycling and composting.

To advance sustainable materials management in Colorado at this time, the department recommends that efforts continue to focus on capital investments made through the Recycling Resources Economic Opportunity Fund’s hub-and-spoke grants. The next step should be to develop a statewide waste reduction plan for each of the waste-shed regions across the state.

This entry was posted on Wednesday, July 23rd, 2014.

HB14-1352 Update Waste Tire Management System

CONCERNING THE MANAGEMENT OF WASTE TIRES

View the Official Bill

Status

06/06/2014 Governor Signed

Sponsors

TYLER/TODD

Summary

The bill repeals and reenacts the state’s waste tire laws, consolidating the laws in a new part of the solid waste statutes and all regulatory authority in the department of public health and environment. The department’s existing solid waste enforcement authority applies to waste tires. The solid and hazardous waste commission will set the waste tire fee by rule in an amount not to exceed the current $1.50 fee. In addition to the existing application of the fee to automobile tires, the fee will also be collected on trailer, truck, motor home, and motorcycle tires. On and after January 1, 2018, the fee is set at 55 cents per tire. Until December 31, 2017, the fee will be distributed as follows: 30% to the waste tire administration, enforcement, and cleanup fund; 65% to the end users fund; and 5% to the waste tire market development fund. On January 1, 2018, the entire fee is credited to the waste tire administration, enforcement, and cleanup fund, and the end users fund and the waste tire market development fund are repealed. The commission will set the amount of the rebate payable from the end users fund, not to exceed $80 per ton in an amount that is: The same each month for each successive 12-month period; based on the monthly rolling average weight of waste tires submitted for a rebate during the previous 36-month period; and calculated to equalize, but not exceed, the amount of rebates paid with the anticipated income to the end users fund during each succeeding 12-month period. The department must pay rebates on a per-ton basis, and the commission’s rules governing administration of the rebate must specify that:

  • If the weight of waste tires submitted for a rebate in any one month multiplied by the amount of the rebate exceeds the balance of the end users fund, the department will pay a reduced per-ton rebate that month; and
  • The department must quarterly notify end users of the date on which the balance of the end users fund is anticipated to be insufficient to pay all of the rebates applied for. Rebates can be made to end users, retailers who sell tire-derived product, and processors of Colorado waste tires who sell their tire-derived product to out-of-state end users. To avoid double payment of the rebate, once the department has paid a rebate on a particular quantity of tire-derived product, every part of that particular quantity of tire-derived product is no longer eligible for payment of the rebate. Waste tire haulers cannot have more than 1,000 waste tires on site or store a waste tire for more than 3 days. Waste tire generators cannot have more than 1,500 waste tires at any one time and must develop and maintain written criteria for distinguishing waste tires from used tires, clearly identify waste tires and used tires according to the criteria, and organize used tires for sale in a manner that allows the inspection of each individual tire. Waste tire collection facilities cannot have on site more than 7,500 waste tires at any one time. Waste tire processors cannot have on site at any one time more than the lesser of 100,000 waste tires, the amount of waste tires allowed under local requirements, or the amount of waste tires anticipated in the waste tire processor’s financial assurance instrument. Mobile processors of waste tires must register with the department. Used tire sellers must distinguish waste tires from used tires, distinguish used tires being held for sale in Colorado from used tires being held for sale outside Colorado, and organize used tires for sale in a manner that allows the inspection of each individual tire. Waste tire monofills must: 
  • On an annual basis, for every one waste tire received, end use at least 2 waste tires, process at least 2 waste tires into tire-derived product; and
  • Not place any waste tires into monofill storage after January 1, 2018, and close the waste tire monofill by July1, 2024. The waste tire advisory committee is repealed..

Fiscal Impact

This entry was posted on Saturday, June 7th, 2014.

SB14-029 Architectural Paint Stewardship Program

CONCERNING THE ESTABLISHMENT OF A PAINT STEWARDSHIP PROGRAM FOR THE ENVIRONMENTALLY SOUND DISPOSAL OF POSTCONSUMER ARCHITECTURAL PAINT

View the Official Bill

Status

06/06/2014 Governor Signed

Sponsors

NEWELL/FISCHER

Summary

To promote environmentally sound practices for the handling of unused architectural paint that the purchaser of the paint no longer wants (postconsumer architectural paint), the bill requires that, on or before July 1, 2015, each producer of architectural paint being sold in Colorado participate in a paint stewardship program that establishes standards and practices for the collection, transportation, reuse, recycling, and disposal of postconsumer architectural paint.

A producer, group of producers, or stewardship organization contracted by a producer or group of producers is required to submit for approval a paint stewardship program plan to the executive director of the department of public health and environment (executive director) by January 1, 2015. The plan must:

  • Describe the environmentally sound collection, transportation, reuse, recycling, and disposal standards and practices that the proposed program will implement to handle postconsumer architectural paint;
  • Establish enough postconsumer architectural paint collection sites throughout the state to ensure that at least 90% of Colorado residents have permanent collection sites within 15 miles of their homes;
  • Establish postconsumer architectural paint collection events for the portion of Colorado residents who will not have permanent collection sites established within 15 miles of their homes;
  • Develop an education and outreach program; and
  • Provide sufficient funding for the program by imposing a uniform, per-container assessment on retailers and distributors that the retailers and distributors will recoup by adding to the purchase price of the architectural paint.

The producer, group of producers, or stewardship organization implementing a paint stewardship program is required to submit an annual report to the executive director describing the progress of the program.

The bill establishes an administrative penalty for a violation of the relevant statutes and rules, and creates the paint stewardship program cash fund for the executive director’s collection of fees associated with a paint stewardship program.

Fiscal Impact

This entry was posted on Saturday, June 7th, 2014.

HB14-1207 CDPHE Household Medication Take-back Program

CONCERNING THE CREATION OF THE HOUSEHOLD MEDICATION TAKE-BACK PROGRAM

View the Official Bill

Status

05/21/2014 Governor Signed

Sponsors

YOUNG/AGUILAR/NEWELL

Summary

The bill requires the executive director of the department of public health and environment (department) to establish a household medication take-back program (program) to collect and dispose of unused household medications. The program allows individuals to dispose of unused household medications at approved collection sites, and for carriers to transport unused household medications from approved collection sites to disposal locations.

The bill specifies that collection sites, carriers, and disposal locations that act in good faith are not subject to liability for incidents arising from the collection, transport, or disposal of household medications.

The bill creates the household medication take-back cash fund for the implementation of the program.

Fiscal Impact

This entry was posted on Thursday, May 22nd, 2014.

HB14-1159 Biogas System Components Sales & Use Tax Exemption

CONCERNING A STATE SALES AND USE TAX EXEMPTION FOR COMPONENTS USED IN BIOGAS PRODUCTION SYSTEMS

View the Official Bill

Status

05/17/2014 Governor Signed

Sponsors

YOUNG/SCHWARTZ

Summary

The bill exempts from state sales and use tax components used in biogas production systems. Local governments that currently impose sales or use tax on such components may either continue to do so or may exempt them from their sales or use taxes.

Fiscal Impact

This entry was posted on Sunday, May 18th, 2014.

SB14-179 Flood Debris Cleanup Grants

CONCERNING THE CREATION OF A FLOOD DEBRIS CLEANUP GRANT ACCOUNT TO FACILITATE WATERSHED CLEANUP EFFORTS IN AREAS AFFECTED BY THE SEPTEMBER 2013 FLOOD, AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION

View the Official Bill

Status

05/17/2014 Governor Signed

Sponsors

NICHOLSON/RENFROE

Summary

In response to the September 2013 flood, the bill creates a flood debris cleanup grant account in the flood and drought response fund for the purpose of allowing the Colorado water conservation board to make grants to help pay the costs of watershed cleanup in areas affected by the flood. The bill makes a statutory appropriation of $5,000,000 to the board for implementation of the grant program. The appropriation and the special account are both subject to automatic repeal on July 1, 2015.

Fiscal Impact

This entry was posted on Sunday, May 18th, 2014.

SB14-063 Mandatory Review Of State Agency Rules

CONCERNING THE MANDATORY REVIEW OF EXISTING EXECUTIVE BRANCH AGENCY RULES CONDUCTED BY EACH PRINCIPAL DEPARTMENT

View the Official Bill

Status

03/27/2014 Governor Action – Signed

Sponsors

MARBLE/SAINE

Summary

The bill codifies an executive order of the governor on the review of executive branch agency rules. No later than January 1, 2015, and periodically thereafter pursuant to a schedule for review established by the department of regulatory agencies, each principal department in state

government is required to review its existing rules to determine whether the rules should be continued in their current form, amended, or repealed. The bill requires the applicable rule-making agency or official to consider the following:

  • Whether the rule is necessary;
  • Whether the rule overlaps or duplicates other rules of the agency or with other federal, state, or local government rules;
  • Whether the rule is written in plain language and is easy to understand;
  • Whether the rule has achieved the desired intent and whether more or less regulation is necessary;
  • Whether the rule can be amended to give more flexibility, reduce regulatory burdens, or reduce unnecessary paperwork or steps while maintaining its benefits;
  • Whether the rule is implemented in an efficient and effective manner, including the requirements for the issuance of permits and licenses; and
  • Whether the rule has been the subject of a cost-benefit analysis or a regulatory analysis in the past 5 years and, if not, whether there has been a stakeholder request for such analysis during that period, and, if so, the reasons for not doing the analysis in response to a stakeholder request.

 

Each rule-making agency or official shall provide public notice of its review of the rules and take input from the public and other state agencies.

The department of regulatory agencies shall not schedule mandatory review of a principal department’s rules during the year of and during the year following any scheduled sunset review.

The principal department shall include the results of each mandatory review of rules as part of its departmental regulatory agenda that it submits to the general assembly as part of the “State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act” provisions.

Fiscal Impact

This entry was posted on Friday, March 28th, 2014.

HB14-1226 Local Government Authority To Regulate Plastics

CONCERNING THE REPEAL OF THE RESTRICTION ON THE AUTHORITY OF A LOCAL GOVERNMENT TO REGULATE THE MATERIALS USED IN THE PACKAGING OF A CONSUMER PRODUCT

View the Official Bill

Status

02/13/2014 House Committee on Business, Labor, Economic, & Workforce Development Postpone Indefinitely

Sponsors

LABUDA

Summary

A local government is currently not allowed to require or prohibit
the use or sale of specified types of plastic materials or products or to
restrict or mandate containers, packaging, or labeling for any consumer
product. The bill repeals this restriction.

Fiscal Impact

This entry was posted on Friday, February 14th, 2014.

SJR13-038 Increase Recycling Composting Pyrolysis

CONCERNING MEASURES TO INCREASE THE PERCENTAGE OF DISCARDED MATERIALS THAT ARE BENEFICIALLY USED RATHER THAN DISPOSED OF IN LANDFILLS

View the Official Resolution

Status

05/08/2013 Senate Third Reading Passed

Summary

WHEREAS, Recycling, reuse, and remanufacturing conserve the state’s existing supplies of nonrenewable natural resources, save energy,and reduce the environmental effects of mining and drilling for new materials; and

WHEREAS, Recycled material provides additional commodities and raw materials for increased business opportunities; and

WHEREAS, Some recyclable materials, such as plastics, paper,cardboard, wood wastes, food wastes, and others, are valuable to the recycling and composting industries but are also valuable for pyrolysis; and

WHEREAS, Recycling creates jobs and economic development and pyrolysis operations may create jobs and economic development and are projected to do likewise in Colorado; and

WHEREAS, Pyrolysis and recycling operations can reduce landfill waste and landfill methane gas in the areas where they are used; and

WHEREAS, Pyrolysis operations can supply base load renewable power and are projected to do likewise in Colorado; now, therefore,

Be It Resolved by the Senate of the Sixty-ninth General Assembly ofthe State of Colorado, the House of Representatives concurring herein:

(1) That, during the 2013 interim, the department of public health and environment will: (a) Host a limited number of meetings with stakeholders to evaluate the use of recyclable materials that are beneficial for recycling,composting, and pyrolysis; and(b) In collaboration with those stakeholders, develop a report with recommendations on how to further improve the economic and environmental sustainability of Colorado’s waste-related resources,including collection, sorting, transportation, storage, return on investment,job creation, life cycle assessment, current markets, market development, and subsidies; and

(2) That the department is encouraged to finalize and submit thereport to the House and Senate committees with jurisdiction over energymatters by February 1, 2014.

This entry was posted on Thursday, May 23rd, 2013.

SB13-252 Renewable Energy Standard Retail Wholesale Methane

CONCERNING MEASURES TO INCREASE COLORADO’S RENEWABLE ENERGY STANDARD SO AS TO ENCOURAGE THE DEPLOYMENT OF METHANE CAPTURE TECHNOLOGIES

View the Official Bill

Status

05/10/2013:43 AM 04:20 Signed by the Speaker of the House

Sponsors

MORSE/SCHWARTZ/FERRANDINO/DURAN

Summary

In the statute creating Colorado’s renewable energy standard, thebill removes in-state preferences with respect to:

  • Wholesale distributed generation;
  • The 1.25 kilowatt-hour multiplier for each kilowatt-hour of
  • electricity generated from eligible energy resources other than retail distributed generation;
  • The 1.5 kilowatt-hour multiplier for community-based projects; and
  • Policies the Colorado public utilities commission (PUC) must implement by rule to provide incentives to qualifying retail utilities to invest in eligible energy resources.

The bill also raises the percentage of retail electricity sales that must be achieved from eligible energy resources by cooperative electric associations that provide service to 100,000 meters or more from 10% to 25%, starting in 2020, and increases the allowable retail rate impact for cooperative electric associations from 1% to 2%.

The bill expands the definition of “eligible energy resources” that can be used to meet the standards to include coal mine methane and synthetic gas produced by pyrolysis of municipal solid waste, subject to a determination by the PUC that the production and use of these gases does not cause a net increase in greenhouse gas emissions.

The bill also implements a new eligible energy standard of 25% for generation and transmission cooperative electric associations that directly provide electricity at wholesale to cooperative electric associations in Colorado that are its members. The standard applies only to sales by these wholesale providers to their members in Colorado. The wholesale providers are required to make public reports of their annual progress toward meeting the standard by 2020. The PUC is granted no additional regulatory authority over these providers in the implementation of this standard..

Fiscal Impact

This entry was posted on Saturday, May 11th, 2013.

SB13-050 Recycling Resources Economic Opportunity Fund

CONCERNING THE RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND, AND, IN CONNECTION THEREWITH, INCREMENTALLY INCREASING CERTAIN FEES COLLECTED FOR THE FUND, EXTENDING REPEAL DATES OF LAWS ASSOCIATED WITH THE FUND, ADDING LIMITATIONS TO GRANTS MADE TO REDUCE WASTE TIRE STOCKPILES, MAKING REBATES PAID FROM THE FUND DISCRETIONARY, AND REMOVING OBSOLETE PROVISIONS

View the Official Bill

Status

05/08/2013 Sent to the Governor

Sponsors

TODD/CORAM

Summary

House Bill 07-1288 created the “Recycling Resources Economic Opportunity Act” (act) for the stated purpose of increasing recycling in the state. The act established the recycling resources economic opportunity fund (fund) to finance certain activities consistent with that purpose.

The principal source of moneys in the fund is user fees imposed on commercial vehicles disposing of waste at attended solid waste disposal facilities. Section 1 of the bill incrementally increases the amount of this fee from the current rate of $.07 per cubic yard per load to, ultimately,$.14 per cubic yard per load.

Sections 1, 4, and 5 extend from July 1, 2017, to July 1, 2026, the future repeal dates of statutes associated with the fund.

Presently, the pollution prevention advisory board (advisoryboard), in consultation with the pollution prevention advisory board assistance committee (committee), must use 25% of the fund moneys collected in the previous fiscal year to provide rebates to local governmental, nonprofit, or for-profit entities that recycle any commodity.Sections 2 and 3 make the payment of such rebates within the committee’s discretion, and caps the fund moneys that may be so provided at 25% per year.

Sections 2 and 4 authorize the use of moneys in the fund to finance studies deemed necessary by the advisory board, in consultation with the committee.

Under current law, the advisory board is empowered to make loans from the fund. However, this provision has never been utilized. Sections 2, 3, and 5 therefore repeal the authority of the advisory board to make loans from the fund.

Reducing waste tire stockpiles is a permissible reason for grants from the fund under existing law. Section 5 limits grants for this purpose to moneys transferred to the fund from the waste tire cleanup fund, and specifies that such grants must be made to businesses developing alternative uses for waste tires.

Section 5 withdraws an irrelevant provision from the list of permissible activities for which fund moneys may be granted.

Fiscal Impact

This entry was posted on Thursday, May 9th, 2013.

Official E-Waste Website and Materials: Electronic Recycling Jobs Act

The official Colorado Department of Public Health and Environment’s Electronic Recycling Jobs Act website and outreach materials toolkits are now live and available online.

Beginning July 1, 2013, Colorado residents may no longer dispose of most electronic waste (e-waste) in their household trash because Colorado landfills may no longer accept e-waste. For the official bill, answers to FAQs and additional information, please visit: www.colorado.gov/cdphe/ewaste.

The website hosts toolkits for anyone needing to communicate with consumers or the regulated community about the new law. The toolkits include downloadable materials such as a brochure, posters, fact sheets, public service announcements and more. Instructions and pointers for personalization of the materials are in the toolkits, as well.

Help spread the word: forward this information to anyone else who would benefit.

This entry was posted on Tuesday, March 19th, 2013.

SB13-115 Waste Tire Fee Administration Cash Fund

CONCERNING THE CREATION OF THE WASTE TIRE FEE102 ADMINISTRATION CASH FUND

Status

03/08/2013 Governor Action – Signed

View the Official Bill

Sponsors

HODGE/GEROU

Summary

Joint Budget Committee The department of revenue currently collects a waste tire fee of $1.50 on the sale of each new tire. The state treasurer is required to pay the department up to 1.66% of these fees for its direct and indirect costs associated with the administration of the fee. The bill creates a cash fund for this portion of the fees that are already allocated to the department, and the general assembly is required to annually appropriate the moneys in the fund for the department’s administrative expenses.

Fiscal Impact

This entry was posted on Saturday, March 9th, 2013.

SB13-057 Indep Review Of Solid Wastes Disposal Site App

CONCERNING THE PROCESS FOR APPLYING TO OPERATE A SOLID WASTES DISPOSAL SITE AND FACILITY

Status

02/12/2013 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely

View the Official Bill

Sponsors

KING

Summary

In order to apply for a certificate of designation to own or operate a solid wastes disposal site and facility, an applicant must submit an engineered design and operations plan (plan) that assesses whether the proposed site and facility complies with regulations of the Colorado department of public health and environment (CDPHE). Currently, CDPHE or, at the applicant’s election if given the option by CDPHE, a private contractor, reviews such plans. The bill divests CDPHE of the authority to review these plans, and instead requires applicants to utilize independent private parties to both prepare and review the plans. Completed plans are forwarded to CDPHE and the local governmental body to which the certificate of designation application is made. The bill also shifts the duty to solicit and accept public comments on a plan in an application for a solid wastes disposal site and facility from CDPHE to the governing body having jurisdiction over the application.

Fiscal Impact

This entry was posted on Wednesday, February 13th, 2013.

HB13-1093 Bidding For Local Government Procurement Contracts

CONCERNING THE REQUIREMENT THAT A LOCAL GOVERNMENT USE COMPETITIVE SEALED BIDDING FOR PROCUREMENT CONTRACTS OVER A CERTAIN DOLLAR AMOUNT

Status

02/06/2013 House Committee on Local Government Postpone Indefinitely

View the Official Bill

Sponsors

LAWRENCE

Summary

The bill requires an agency of local government (local government) to procure or dispose of supplies, services, or construction through competitive sealed bidding unless the appropriation or expenditure of moneys by the local government for a single contract for the supplies, services, or construction may be reasonably expected not to exceed $50,000 in the aggregate in any fiscal year.

The bill includes an exception to the competitive sealed bidding requirement if the local government does not receive any bids, the agency of local government has rejected all bids, or the responsible officer determines that it is necessary to make procurements or contracts under emergency conditions because there exists a threat to public health,welfare, or safety.

The bill  prohibits a local government from dividing the procurement or disposal of supplies, services, or construction into 2 or more separate projects for the sole purpose of evading or attempting to evade the competitive sealed bidding requirement.

Fiscal Impact

This entry was posted on Thursday, February 7th, 2013.

New electronics law takes effect in 2013

Electronic Devices Banned from Landfills; Responsible Recycling by State Agencies Required

Download this article as a fact sheet 

New electronics law takes effect in 2013 (PDF)

Landfill Ban: In order to encourage recycling of electronics and to protect the environment in Colorado, a new law based on SB12-133, bans landfill disposal of certain electronic devices after July 1, 2013.  The bill, signed by Governor John Hickenlooper on Earth Day 2012, applies to electronic devices throughout the state of Colorado, with some exceptions in the landfill ban requirements.

State Agency Requirements: Colorado state agencies are required to recycle their electronic devices using electronics recyclers that are certified to national environmental standards, such as the e-Stewards or R2 certification, or comparable national standard. However, certification is not required of the CO Division of Correctional Industries for its refurbishment of electronics for state agencies. More information will be available from the Colorado Department of Public Health and Environment (CDPHE).

Public Education:  CDPHE is charged with coordinating existing public education programs about benefits of and access to electronics recycling, and about the landfill ban.

Is my County Included?

All Colorado counties are subject to the law.  If e-recycling is not readily available, the County must perform a “good faith effort” to get e-recycling to their communities.  Two collection events a year or a permanent collection facility might be considered “readily available” recycling.  If local programs are not possible, the county may exempt itself from the law by commissioner vote.

What Defines a “Good Faith Effort”?

Each county will need to justify its own “good faith effort” to secure electronic recycling service for residents and small businesses.

One example for communities without an established recycling program or center would be to issue a “Request for Qualifications” seeking collection events or services.  Such a request could be sent to electronics recyclers (see www.cafr.org/members/directory.php for a list).

However, the requirements to prove a “good faith effort” will be developed during the stakeholder rule making process and are not yet set. Sign up to participate in the stakeholder process at http://www.cdphe.state.co.us/hm/sw/swregs.htm#stakeholder.

What Electronics are Banned from Landfills?

  • Computers
  • Computer monitors
  • DVD players
  • Electronic books
  • Fax machines
  • Laptops
  • Notebooks, Netbooks, Ultrabooks
  • Peripherals
  • Printers
  • Slates and tablets
  • Televisions
  • VCRs
  • Video display devices
  • Any electronic device with a cathode ray tube or flat panel screen greater than 4”

See the CDPHE website for any updates to this list & for excluded devices.

Getting a Responsible Recycler for Old Electronics

It’s very easy for electronics recyclers to sell old electronics to the highest bidder.   These might, in turn, sell the material to unscrupulous brokers who ship it to overseas ‘dumps’ in developing areas.  There, very poor people often labor in inhumane conditions to extract valuable metals. This practice irrevocably harms human health and the environment, and has led the United Nations to name these e-waste sweat shops as one of the top 10 worst man-made environmental disasters.  To be sure your old electronics don’t contribute to this problem, find a responsible recycler.  Ask the following questions:

  • Does the recycler have a certification from e-Stewards or R2? These indicators are the fastest way to be sure you are using a responsible recycler.
  • Is the recycler able to tell you how your old electronics will be handled?
  • Can the recycler give you clear information about how your old electronics are processed?  Less than 10% of leftover scrap – if any – should go to a landfill.
  • Are working computer or television monitors reused or resold?  Through what avenue?
  • Does the company use domestic labor and pay prevailing wages (as opposed to prison labor or overseas labor)?
  • Is data removed from the hard drive?
  • Does the recycler have a record of violations of any environmental, worker safety, or immigration laws?
  • Does the recycler have current insurance?
  • Does the recycler charge a fee?  Companies accepting equipment free from residents and small businesses might be reimbursed by the manufacturers – or they might be making money by selling to the unscrupulous brokers mentioned above.

Be Careful With Your Data

Before you contract for electronics recycling, ask recyclers about their policies and practices for destroying personal data that might still exist on used computers, copiers, cameras and cell phones.

  • Data can be wiped from storage media using a magnetic wiping method or using a program to overwrite all sectors of a hard drive. Any method used for data wiping should be done more than once (multi-pass).
  • Storage media can be destroyed by shredding, cutting, incinerating, multiple perforations or crushing.
  • Your recycler should be able to provide written certification that the data was wiped or storage media destroyed, as well as a record of the methods used.

For further information, contact the CDPHE at www.cdphe.state.co.us/hm/electronics

This entry was posted on Tuesday, January 1st, 2013.

HB12-1045 Spruce Beetle Kill Wood Products Tax Exemption

CONCERNING SALES AND USE TAX EXEMPTIONS FOR THE SALE AND USE OF WOOD FROM TREES HARVESTED IN COLORADO DAMAGED BY BEETLES

Status

05/21/2012 Governor Action – Signed

View the Official Bill

Sponsors

BRADFORD/KING

Summary

Wood and wood products from trees killed or infested in Coloradoby the mountain pine beetle are currently exempt from sales and use tax.The exemption expires on July 1, 2013.

The bill specifies that the current exemption includes trees killedor infested in Colorado by the spruce beetle and extends the expiration ofthe exemption to July 1, 2020.

Fiscal Impact

This entry was posted on Tuesday, May 22nd, 2012.

SB12-133 Recycle Electronic Devices Divert From Landfills

CONCERNING THE DIVERSION OF ELECTRONIC DEVICES FROM LANDFILLS

Status

04/20/2012 Governor Action – Signed

View the Official Bill

Sponsors

SCHWARTZ

Summary

The bill prohibits the disposal of certain consumer electronicdevices in landfills, effective by a date established by the solid andhazardous waste commission. Disposal in landfills located incommunities that are not well-served by electronic device recyclingfacilities may be exempted from the ban. Beginning July 1, 2013, state agencies must arrange for the recycling of such devices with a certifiedrecycler. The department of public health and environment mustcoordinate with existing public and private efforts pertaining to thedevelopment and implementation of a public education programregarding electronic device recycling.

Fiscal Impact

This entry was posted on Monday, May 21st, 2012.

HB12-1351 Recycled Energy Includes Gas Derived From Waste

CONCERNING INCLUSION UNDER THE RENEWABLE ENERGY STANDARD’S DEFINITION OF RECYCLED ENERGY SUCH ENERGY THAT COMBUSTS GAS GENERATED FROM SYNTHETIC GAS DERIVED FROM WASTE MATERIALS THROUGH PYROLYSIS AS THE FUEL SOURCE FOR GENERATION

Status

05/09/2012 Senate Third Reading Laid Over to 05/10/2012 (Defeated)

View the Official Bill

Sponsors

Becker/Tochtrop

Summary

Currently, recycled energy is a type of eligible energy resource that may be used to meet renewable energy standards. The bill adds to thedefinition of “recycled energy” the energy that is produced by ageneration unit with a nameplate capacity of not more than 15 megawattsthat combusts gas generated from synthetic gas derived from wastematerials through pyrolysis as the fuel source for generation.

Fiscal Impact

This entry was posted on Friday, May 11th, 2012.

HB12-1034 Waste Tire Processor End User Fund

CONCERNING CONTINUING THE PROCESSORS AND END USERS FUND THAT ENCOURAGES RECYCLING OF WASTE TIRES

Status

05/09/2012 Governor Action – Signed

View the Official Bill

Sponsors

LOOPER/SPENCE

Summary

Transportation Legislation Review Committee. Currently, theprocessors and end users fund, which allocates money to encouragerecycling, is scheduled to repeal on July 1, 2012. The fund is extended toJuly 1, 2020.

Fiscal Impact

This entry was posted on Thursday, May 10th, 2012.

SB12-077 Repeal Regulation Of Yellow Grease By CDPHE

CONCERNING THE REPEAL OF LAWS UNDER WHICH THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT REGULATES CERTAIN ACTIVITIES ASSOCIATED WITH YELLOW GREASE

Status

04/06/2012 Governor Action – Signed

View the Official Bill

Sponsors

JAHN/SONNENBERG

Summary

House Bill 10-1125 authorized the Colorado department of publichealth and environment to regulate certain persons, facilities, and vehicles engaged in the collection, transportation, storage, processing, or disposalof trap grease and yellow grease. The bill repeals the statutory provisionspertaining to yellow grease.

Fiscal Impact

This entry was posted on Saturday, April 7th, 2012.

HB11-1130: Commodity Metals Transactions Violations

CONCERNING COMMODITY METALS, AND, IN CONNECTION THEREWITH, IMPLEMENTING STRICTER IDENTIFICATION AND PAYMENT REQUIREMENTS FOR TRANSACTIONS INVOLVING COMMODITY METALS, INCREASING PENALTIES FOR VIOLATIONS OF THE LAW REGULATING PURCHASE OF COMMODITY METALS, BASING THE CLASSIFICATION OF OFFENSE OF THEFT OF A COMMODITY METAL ON THE WEIGHT OF THE METAL, AND CREATING THE COMMODITY METALS THEFT TASK FORCE

Status

04/13/2011 Governor Action – Signed

View the Official Bill

Sponsors

PRIOLA

Summary

Commodity metals are defined in current law as metals containing brass, copper, and other valuable materials and having a market value of at least 50 cents per pound. Sales of commodity metals are subject to record-keeping requirements and other limitations. Section 1 of the bill modifies the law regulating purchases of commodity metals as follows:

  • Eliminates the ability of a seller of commodity metals to verify his or her identity using a nonpicture identification document;
  • Requires a buyer of commodity metals to use the scrap theft alert system (system), train employees in using theft alerts generated by the system, and maintain documentation related to such use and training;
  • Allows a buyer of commodity metals to pay with cash for any transaction that does not exceed $300, and, for transactions over $300, requires a buyer to use a check unless the seller is paid by a process in which a picture is taken of the seller;
  • Requires every commodity metals buyer to make a photographic or video record of each seller and the commodity metals that he or she sells, and extends the required period of retention of such records from 90 to 180 days;
  • Makes conforming amendments to repeal the requirement that purchasers hold the commodity metals they buy for 5 working days and to repeal the definition of “working day”;
  • Applies the law regulating scrap metal to sales of less than 25 pounds by repealing an exception;
  • Increases penalties when a commodity metals purchaser recklessly commits a violation;
  • Clarifies that the regulation of commodity metal does not apply to precious metal;
  • Creates the commodity metals theft task force (task force) and describes the composition and duties of the task force; and
  • Declares the theft of commodity metals to be a matter of statewide concern and encourages law enforcement entities and commercial stakeholders in the state to report commodity metals thefts to the system. For crimes of theft of commodity metals, section 2 bases the class of the offense on the weight, rather than the monetary value, of the commodity metals involved. Specifically, a person commits:
  • A class 6 felony if the weight of the commodity metal involved is less than 100 pounds;
  • A class 5 felony if the weight of the commodity metal involved is 100 through 1,000 pounds; or
  • A class 4 felony if the weight of the commodity metal exceeds 1,000 pounds or if the person has been convicted of, or pled guilty or nolo contendere to, a crime of theft of commodity metals. Section 3 schedules the sunset review of the task force for July 1, 2021.

Fiscal Impact

This entry was posted on Monday, April 18th, 2011.

SB11-149: Supplemental Appropriation Department of Public Health and Environment

CONCERNING A SUPPLEMENTAL APPROPRIATION TO THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Status

03/09/2011 Governor Action – Signed

View the Official Bill

Sponsors

HODGE/GEROU

Summary

Supplemental appropriations are made to the department of public health and environment.

Fiscal Impact

This entry was posted on Monday, March 14th, 2011.

HB10-1018: Increased authority to regulate waste tires

BILL HB10-1018

Statutory Ref.:

CONCERNING INCREASED AUTHORITY TO REGULATE WASTE TIRES.

Sponsors: LOOPER & … / GIBBS

Transportation Legislation Review Committee. Current law gives several departments authority over fees collected upon the sale of new motor vehicle tires to deal with waste tires. The bill consolidates all such authority in the department of public health and environment (department) and adds requirements for fire prevention planning, registration, decals, and manifests for certain waste tire haulers and waste tire facilities. Section 1 of the bill ends the transfer of waste tire fees to the innovative higher education research authority program effective July 1, 2014. Section 2 repeals the department of local affairs’ administration of the waste tire cleanup fund. Sections 3 and 4 repeal the advanced technology fund and, effective July 1, 2011, end the transfer of waste tire fees to the recycling resources economic opportunity grant program. Section 5 repeals and reenacts, with amendments, the law that imposes the $1.50 waste tire fee, repeals the 3.33% vendors’ fee, and allocates the fee as follows:
* Until July 1, 2014, 30.33% to the processors and end users fund and 6.67% to the innovative higher education research fund; after July 1, 2014, 37% to the processors and end users fund;
* 39.66% to the waste tire cleanup fund;
* 6.67% to the waste tire fire prevention fund until July 1, 2011, after which the allocation is increased to 8%;
* 16.67% to the recycling resources economic opportunity fund until July 1, 2011;
* After July 1, 2011, 6.67% to the waste tire market development fund; and
* After July 1, 2011, 8.67% to the law enforcement grant fund. Section 6 updates the law regarding the processors and end users fund. Section 7 recreates the waste tire cleanup fund, creates the waste tire fire prevention fund, and creates the waste tire market development fund. Sections 6 and 7 also increase the maximum reimbursements to processors and end users from $50 to $65 per ton of waste tires. Sections 8 and 9 update the law regarding waste tire haulers to require decals on hauling vehicles and the completion and retention of manifests. Section 9 also prohibits a person from hauling more than a quantity of waste tires in excess of a limit established by rule by the solid and hazardous waste commission (commission) unless the person is registered. Section 10 creates several new sections of law that:
* Specify requirements for decals and manifests;
* Require the registration of waste tire facilities;
* Require, as a condition of maintaining their registration, that waste tire monofills submit to the department a waste tire inventory reduction plan and that certain waste tire facilities process 75% of the 3-year rolling annual average amount of waste tires accepted by that facility each year;
* Impose requirements relating to financial responsibility for closure and reclamation of waste tire facilities;
* Establish fees, give the commission general rule-making authority regarding waste tires, and identify enforcement authorities;
* Create a waste tire advisory committee; and
* Create a waste tire fund, used for the department’s costs in administering the program. Section 11 directs the department of regulatory agencies to conduct a sunset review of the waste tire advisory committee prior to the committee’s repeal on July 1, 2020. Section 12 conforms the definition of “waste tire” in the solid waste statute to that in the waste tire fee statute. Section 13 specifies that sales tax is not assessed when the waste tire fee is collected upon the sale of a new tire.

Status
06/10/2010 Governor Action – Signed

Fiscal Notes Status: Fiscal note currently unavailable

This entry was posted on Friday, June 11th, 2010.

SB10-048: Regulation of the purchase of commodity scrap metals

BILL SB10-048

Statutory Ref.:

CONCERNING THE REGULATION OF THE PURCHASE OF COMMODITY SCRAP METALS.

Sponsors: HEATH / LEVY

Section 1 of the bill requires the buyer of commodity metal to photograph the seller. The buyer is required to keep the photograph for 3 years and cross reference it with the records of the sale. In addition, the buyer must wait 5 days after delivery before paying for the metal and must pay by a check mailed to the seller’s address. Section 2 imposes the law regulating scrap metal to sales of less than 25 pounds by repealing an exception.

Status06/11/2010 Governor Action – Signed

Fiscal Notes Status: Fiscal impact for this bill

Fiscal Note

This entry was posted on Sunday, June 6th, 2010.

SB10-038: The “Organic Certification Act”

BILL SB10-038

Statutory Ref.:

CONCERNING THE “ORGANIC CERTIFICATION ACT”, AND, IN CONNECTION THEREWITH, AUTHORIZING THE COMMISSIONER OF AGRICULTURE TO CONTRACT WITH INDEPENDENT ORGANICS INSPECTORS AND ALTERING THE COMPOSITION OF THE ORGANIC CERTIFICATION ADVISORY BOARD.

Sponsors: HODGE / FISCHER

Under current law, the commissioner (commissioner) of the department of agriculture (department) may delegate duties under the “Organic Certification Act” (act) only to employees of the department. This bill allows the commissioner to contract with qualified independent inspectors to conduct inspections under the act. The bill also authorizes the commissioner to promulgate minimum qualifications for those inspectors. The bill also increases the size of the organic certification advisory board from 9 to 12 members as follows:
* 9 members shall represent certified organic operations;
* 1 member shall be a consumer representing the general public;
* 1 member shall represent the Colorado cooperative extension service; and
* 1 member shall represent the Colorado agricultural experiment station.

Status
04/29/2010 Governor Action – Signed

Fiscal Notes Status: Fiscal impact for this bill

Fiscal Note

This entry was posted on Thursday, April 29th, 2010.

HB10-1052: Recycling Resources Economic Opportunity Fund

BILL HB10-1052

Statutory Ref.:

CONCERNING THE RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND, AND, IN CONNECTION THEREWITH, EXTENDING THE LIFE OF THE FUND.

Sponsors: SOLANO / NEWELL

Section 2 of the bill eliminates the July 1, 2010, repeal date for the existing statutory section creating the solid waste user fee. Section 3 of the bill eliminates the July 1, 2010, repeal date for the existing statutory section creating the recycling resources economic opportunity fund. Section 4 of the bill eliminates the July 1, 2010, repeal date for the existing statutory section creating the recycling resources economic opportunity program.

Status
04/13/2010 Governor Action – Signed

Fiscal Notes Status: No fiscal impact for this bill

Fiscal Note

This entry was posted on Wednesday, April 14th, 2010.

Electronic Device Recycling Task Force final report and meeting minutes

House Bill 09-1282 (PDF) created an Electronic Device Recycling Task Force (EDRTF) to gather input regarding the benefits and consequences of establishing a landfill disposal ban for electronic devices and the best way to: increase diversion rates for electronic devices; promote new nontoxic designs for electronics; create jobs in Colorado; and build on, not supplant or undermine, the existing infrastructure, which is primarily in the private sector, that currently diverts electronic waste in Colorado.

Report to the Health and Human Services Committees of the Colorado General Assembly (PDF)

Purpose and Intent/Expected Outcomes (PDF)

Public Meetings

December 7 – Meeting Minutes (PDF)
November 30 – Meeting Minutes (PDF)
October 28 – Meeting Minutes (PDF)
October 2 – Meeting Minutes (PDF)
August 24 – Meeting Minutes (PDF)

July 23 – Meeting Minutes (PDF)

June 25 – Meeting Minutes (PDF)

Task Force Members

  • Dag Adamson, Lifespan Technology Recycling (Colorado-based E-waste Recycler)
  • Laura Bishop, Best Buy (Electronic Device Retailer)
  • Bill Carlson, Town of Vail (Rural Local Government)
  • Meggan Ehret, Thomson Inc. (Electronic Device Manufacturer – TV)
  • Rep. Randy Fisher, House District 53 (Colorado General Assembly)
  • Sen. Dan Gibbs, Senate District 16 (Colorado General Assembly)
  • Charles Johnson, CDPHE (Dept. of Public Health and Environment)
  • Rep. Jim Kerr, House District 28 (Colorado General Assembly)
  • Jeffrey Kuypers, Hewlett Packard (Electronic Device Manufacturer – Computer)
  • Dan Matsch, Eco-Cycle (Nonprofit Organization)
  • Anne Peters, CAFR (Nonprofit Organization)
  • Lisa Skumatz, Town of Superior (Urban Local Government)
  • Sen. Pat Steadman, Senate District 31 (Colorado General Assembly)
  • Karn Stiegelmeier, Summit County (County That Owns or Operates Landfill)
  • Tom Williams, AT&T (Electronic Device Manufacturer – Small Device)
  • Mike Wright, Metech (Colorado-based E-waste Recycler)

This entry was posted on Friday, January 1st, 2010.