CO Code § 25-16.5-105 (2021)
2021 Colorado Code|Title 25 - Public Health and Environment|Article 16.5 - Pollution Prevention|§ 25-16.5-105. Powers and Duties of Advisory Board - Definitions

  The advisory board has the following powers and duties:   To provide overall policy guidance, coordination, and advice in the development and implementation of the pollution prevention activities of the department;    To support nonregulatory public and private efforts that promote the prevention of pollution in this state;    To develop pollution prevention goals and objectives;    To review environmental regulatory programs, laws, and policies to identify pollution prevention opportunities and incentives;    To provide direction for pollution prevention outreach, education, training, and technical assistance programs;    Repealed.    To contract with a provider or providers, which may include the department, to provide pollution prevention activities as described in section 25-16.5-106;    To award grants from the recycling resources economic opportunity fund, referred to in this section as the “fund”, in accordance with the requirements of section 25-16.5-106.7 and to develop criteria for awarding grants from the fund in accordance with the provisions of section (3)(b). Grant awards shall be made, and the criteria for awarding grants shall be developed, in consultation with the pollution prevention advisory board assistance committee created in section 25-16.5-105.5 (2), referred to in this section as the “committee”.    To commission such studies, using moneys in the fund, as the board, in consultation with the committee, deems necessary and appropriate;    To receive and expend gifts, grants, and bequests from any source, public or private, specifically including state and federal moneys and other available moneys, to fund grants made available from the fund in accordance with the provisions of section 25-16.5-106.7;  (j.5) (Deleted by amendment, L. 2010, (HB 10-1018), ch. 421, p. 2163, § 3, effective June 10, 2010.)       In consultation with the committee, to develop a formula for paying a rebate to any local government or to any nonprofit or for-profit entity that recycles any commodity. The rebate authorized by this paragraph (k) shall be paid on commodities recycled on a per-ton basis with differential rates for different commodities. For any one state fiscal year, the board, in consultation with the committee, has the discretion to determine the amount rebated pursuant to this paragraph (k); except that the amount shall not exceed one-fourth of the amount of moneys projected to be collected in the fund in the next state fiscal year. Any moneys of the amount so determined that are not spent on rebates remain in the fund to be expended for the same purposes and in the same manner as other moneys in the fund. Any rebate shall be paid out of moneys collected: (k) (I) In consultation with the committee, to develop a formula for paying a rebate to any local government or to any nonprofit or for-profit entity that recycles any commodity. The rebate authorized by this paragraph (k) shall be paid on commodities recycled on a per-ton basis with differential rates for different commodities. For any one state fiscal year, the board, in consultation with the committee, has the discretion to determine the amount rebated pursuant to this paragraph (k); except that the amount shall not exceed one-fourth of the amount of moneys projected to be collected in the fund in the next state fiscal year. Any moneys of the amount so determined that are not spent on rebates remain in the fund to be expended for the same purposes and in the same manner as other moneys in the fund. Any rebate shall be paid out of moneys collected:   Repealed.    From the user fee imposed by section 25-16-104.5 (3.9)(a) to fund the recycling resources economic opportunity program created in section 25-16.5-106.7.       Applications to the advisory board for any rebate may be submitted after the last day of the month following the end of each calendar quarter for recycling activities undertaken in such calendar quarter, beginning with the calendar quarter ending on December 31, 2007; except that the period for the first rebate payment shall cover July 1, 2007, through December 31, 2007.       To make recommendations, as requested, on policy matters related to sustainable resource and discarded materials management; and      In accordance with the provisions of subsection (1)(m)(II) of this section, to submit an annual report to the department of local affairs, the department, and the Colorado energy office created in section 24-38.5-101. (m) (I) In accordance with the provisions of subsection (1)(m)(II) of this section, to submit an annual report to the department of local affairs, the department, and the Colorado energy office created in section 24-38.5-101.    The annual report required by subparagraph (I) of this paragraph (m) shall include a calculation of the proportion of solid waste generated in the state in the previous year that was diverted to other uses and the number of jobs created and any other economic impacts resulting from grants made from the fund by the advisory board pursuant to paragraph (h) of this subsection (1) and section 25-16.5-106.7 (3).         In consultation with the pollution prevention advisory board assistance committee created in section 25-16.5-105.5 (2), to develop a formula for reimbursing a new or existing business, or a portion of a business, that reclaims or recycles recyclable materials for locally assessed personal property taxes the business paid on personal property associated with new or existing waste diversion operations. The reimbursement formula must exclude the first eighteen thousand dollars in actual value that is otherwise eligible for the income credit authorized by section 39-22-537.5. The advisory board may set criteria or limits for reimbursement but need not actually make a reimbursement. Reimbursements are payable only from the following sources: (n) (I) In consultation with the pollution prevention advisory board assistance committee created in section 25-16.5-105.5 (2), to develop a formula for reimbursing a new or existing business, or a portion of a business, that reclaims or recycles recyclable materials for locally assessed personal property taxes the business paid on personal property associated with new or existing waste diversion operations. The reimbursement formula must exclude the first eighteen thousand dollars in actual value that is otherwise eligible for the income credit authorized by section 39-22-537.5. The advisory board may set criteria or limits for reimbursement but need not actually make a reimbursement. Reimbursements are payable only from the following sources:   For an eligible recycling business that paid locally assessed personal property tax on personal property located outside the front range, from money appropriated to the recycling resources economic opportunity fund pursuant to section 25-16.5-106.5 (1)(a)(II); and    For an eligible recycling business that paid locally assessed personal property tax on personal property located in the front range, from money in the front range waste diversion cash fund pursuant to section 25-16.5-111 (4)(b)(IV).       As used in this subsection (1)(n):   “Front range” has the meaning set forth in section 25-16.5-111 (2)(f).    “Recyclable materials” means any type of discarded or waste material that is not regulated under section 25-8-205 (1)(e) and can be reused, remanufactured, reclaimed, or recycled, including compostable organic material and construction and demolition materials. “Recyclable materials” does not include industrial materials, paint, or a waste tire as defined in section 30-20-1402 (12).             (Deleted by amendment, L. 2010, (HB 10-1018), ch. 421, p. 2163, § 3, effective June 10, 2010.)     History. Source: L. 92: Entire article added, p. 1329, § 1, effective July 1. L. 95: Entire section amended, p. 181, § 3, effective April 7. L. 96: (1)(f) repealed, p. 1260, § 164, effective August 7. L. 2007: (1)(j.5) and (2) added, p. 1602, §§ 2, 3, effective May 31; (1)(h), (1)(i), (1)(j), (1)(k), (1)(l), and (1)(m) added, p. 1135, § 4, effective July 1. L. 2008: (1)(m)(I) amended, p. 71, § 8, effective March 18. L. 2010: (1)(j.5), (1)(k), and (2) amended,(HB 10-1018), ch. 421, p. 2163, § 3, effective June 10. L. 2012: (1)(m)(I) amended,(HB 12-1315), ch. 224, p. 974, § 34, effective July 1. L. 2013: IP(1), (1)(i), and (1)(k)(I) amended,(SB 13-050), ch. 384, p. 2248, § 2, effective August 7. L. 2017: (1)(m)(I) amended,(SB 17-056), ch. 33, p. 94, § 8, effective March 16. L. 2020: (1)(n) added,(SB 20-055), ch. 289, p. 1430, § 2, effective September 14.    Editor's note:   Subsection (1)(k)(I)(A) provided for the repeal of subsection (1)(k)(I)(A), effective July 1, 2011. (See L. 2010, p. 2163 .)   Cross references:   For the legislative declaration contained in the 1996 act amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996. For the legislative declaration contained in the 2007 act enacting subsections (1)(h), (1)(i), (1)(j), (1)(k), (1)(l), and (1)(m), see section 2 of chapter 278, Session Laws of Colorado 2007.