2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 17 - WASTE DIVERSION AND RECYCLING (§§ 25-17-101 — 25-17-903) › Part 7 - PRODUCER RESPONSIBILITY PROGRAM FOR STATEWIDE RECYCLING (§§ 25-17-701 — 25-17-716) › Section 25-17-709 - Producer responsibility dues - inspection of records - annual reporting

(1)
(a)
Except as set forth in a plan approved by the executive director pursuant to this part 7 on or after January 1, 2029, by a date determined by the organization that is no later than January 1, 2026, and annually thereafter by a date determined by the organization, a producer shall pay producer responsibility dues to the organization based on the funding mechanism described in the plan proposal pursuant to section
25-17-705 (4)(i)
.
(b)
A producer shall make all documents and records related to the calculation and payment of producer responsibility dues, recycling rates, collection rates, postconsumer-recycled-content rates, and any other materials necessary for the executive director to determine compliance with this part 7 available for inspection by the executive director. In connection with enforcing a violation by a producer pursuant to section
25-17-710
, the executive director may request in writing that the producer provide any such documents or records to the executive director.
(c)
The organization, any additional producer responsibility organization, and any person administering a plan approved by the executive director pursuant to this part 7 shall maintain all documents and records necessary for the executive director to determine compliance with this part 7 and submit any such documents and records to the executive director upon a request by the executive director pursuant to subsection (1)(b) of this section.
(d)
By January 1, 2026, and each year thereafter, the executive director shall develop an eco-modulation bonus schedule that is designed to reduce the producer responsibility dues of producers that meet certain benchmarks established by the executive director by rule. The executive director shall consult with the organization and the advisory board in developing the eco-modulation bonus schedule. The organization shall reduce the producer responsibility dues of producers in accordance with the eco-modulation bonus schedule developed by the executive director.
(2)
(a)
Before March 31 of the second year of the program's implementation, and by March 31 each year thereafter, the organization shall submit a report to the advisory board describing the progress of the program. Within two years after the implementation of the final plan or any updated plan proposals submitted to the advisory board pursuant to section
25-17-705 (4)
, the report must also include an evaluation of the impacts of the exemptions described in section
25-17-713 (1)
on the performance of the program and the producer responsibility dues schedule. The advisory board shall review the report and forward the report to the executive director. The advisory board shall also review any proposed amendments to the final plan and any updates to the minimum recyclable list and forward the amendments and updates to the executive director with its recommendation for approval or rejection. The executive director shall post the report on the department's website. The program report must include the following information from the preceding calendar year:
(I)
A detailed description of the progress toward each element of the final plan as described in section
25-17-705 (4)
;
(II)
A list of all the producers, brands, and covered materials covered by the final plan;
(III)
A list of producers that are not participating in the program and any producers that may be out of compliance with one or more obligations imposed by this part 7;
(IV)
The total weight of the covered materials that producers used for products that are sold or distributed in the state;
(V)
The total amount of producer responsibility dues collected under the program, including an annual schedule of producer responsibility dues assessed by weight for each type of covered material and any annual increases or decreases in the dues schedule and the reasons for these adjustments;
(VI)
The total weight of each type of covered material that is collected and recycled under the program, with the data broken down by:
(A)
Means of collection, including by curbside service or drop-off center or other means;
(B)
The number of covered entities, by type and by county, serviced through curbside collection;
(C)
The method used to handle the collected covered material; and
(D)
Geographic area;
(VII)
The recycling rate, collection rate, and postconsumer-recycled-content rate for each type of covered material and a description of the organization's process in achieving the minimum rate targets set forth in the final plan pursuant to section
25-17-705 (4)(p)
;
(VIII)
The rate schedules for reimbursement to service providers, any proposed adjustments to the rate schedules, and a summary of any disputes arising between the organization and service providers concerning rates and how the disputes were addressed;
(IX)
A summary of the education and outreach efforts implemented in accordance with section
25-17-707
, including:
(A)
Samples of any materials distributed; and
(B)
A description of the methodology used and the results of the evaluation conducted pursuant to section
25-17-707 (4)
;
(X)
A list of the names, locations, and hours of operation for curbside services, drop-off centers, and other entities accepting or collecting covered materials under the program;
(XI)
A description of the organization's efforts to ensure that covered materials have been responsibly managed and delivered to responsible end markets under the program;
(XII)
A list of the recycling end markets of any covered materials, and, if the covered materials are processed through a method other than mechanical recycling, the list must include:
(A)
A description of how the method will affect the ability to recycle the covered material into feedstock for the manufacture of new products;
(B)
A description of how the method will increase the types and amounts of recycled plastic for food and pharmaceutical-grade packaging and applications;
(C)
A description of any applicable state and federal air, water, and waste permitting compliance requirements for the method; and
(D)
An analysis of the environmental impacts of the method compared to the environmental impacts of incineration of solid waste in landfills;
(XIII)
A copy of an independent third party's report auditing the program pursuant to section
25-17-708 (5)
;
(XIV)
A description of the status of reserve funds, an assessment of the adequacy of those funds to cover program costs, and a description of how any program shortfalls will be addressed;
(XV)
Any amendments to the final plan in accordance with section
25-17-705 (6)
;
(XVI)
Any updates to the minimum recyclable list in accordance with section
25-17-706 (1)(b)
; and
(XVII)
A description of the advisory board's feedback on any amendments to the final plan pursuant to section
25-17-705 (6)(a)
.
(b)
Before March 31 of the second year of any plan approved by the executive director pursuant to this part 7 that is not the final plan, and by March 31 each year thereafter, an additional producer responsibility organization or other person responsible for administering a plan approved by the executive director pursuant to this part 7 shall submit a report to the advisory board describing the progress of the plan. The report must include the information described in subsection (2)(a) of this section, as applicable, from the preceding calendar year. The advisory board shall review the report and forward the report to the executive director. The advisory board shall also review any proposed amendments to the plan and forward the amendments to the executive director with its recommendation for approval or rejection. The executive director shall post the report on the department's website.
(c)
The executive director shall annually compile the results of the reports received pursuant to subsections (2)(a) and (2)(b) of this section into a general report describing the progress of the program and any other plans approved by the executive director pursuant to this part 7. The executive director shall include the department's activities and expenses that were reimbursed pursuant to section
25-17-715
in the general report. Additionally, at least every three years starting in 2028, the executive director shall include in the general report the outcome of the consumer cost impact review conducted by the department pursuant to subsection (4) of this section. The executive director shall post the report on the department's website and submit the report to the governor and shall annually present the general report to the health and human services committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, during the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings held pursuant to part 2 of article
7
of title
2
. Notwithstanding section
24-1-136 (11)(a)(I)
, the reporting requirement specified in this subsection (2)(c) continues indefinitely.
(3)
If, based on the annual report submitted under subsection (2) of this section, the program or any other plan approved by the executive director pursuant to this part 7 is not on track to meet the minimum collection rates, minimum recycling rates, or minimum postconsumer-recycled-content rates set forth in the program or plan, the executive director may require the organization, with respect to the program, or the additional producer responsibility organization or other person responsible for administering the plan, with respect to any other plan approved by the executive director pursuant to this part 7, to amend its respective plan under section
25-17-705 (6)
.
(4)
No less than every three years, starting in 2028, the department shall conduct a review of consumer cost impacts resulting from the program, including assessments of increased prices for covered materials relative to the prices for those materials in other states, as well as local government expenditures and consumer spending on recycling services and trash collection and disposal.
Added by 2022 Ch. 337, § 1, eff. 8/10/2022.
2022 Ch. 337, was passed without a safety clause. See Colo. Const. art. V, § 1(3).