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 25-17-706 - Minimum recyclable list - convenience standards

(1)
(a)
The organization shall develop a minimum recyclable list based on the availability of recycling services, recycling collection and processing infrastructure, and recycling end markets for covered materials, as determined by the needs assessment.
(b)
The organization shall update the minimum recyclable list, and submit any updates for inclusion in the annual report pursuant to section
25-17-709 (2)(a)
, in response to recycling collection and processing improvements and changes in recycling end markets. The advisory board shall consult with the organization on any updates to the minimum recyclable list in accordance with the procedures set forth in section
25-17-705 (6)
.
(2)
(a)
To be eligible for reimbursement for recycling services provided under the program, service providers must provide recycling services for all readily recyclable materials in a manner that facilitates attaining the rate targets established in the final plan under section
25-17-705 (4)(p)
.
(b)
The executive director may grant a service provider an exception to the requirements of subsection (2)(a) of this section if the service provider demonstrates to the reasonable satisfaction of the executive director that it is not able to provide recycling services or meet the convenience standards for a readily recyclable material.
(c)
Service providers are eligible for reimbursement from the organization for the collection of covered materials that are not included in the minimum recyclable list for the regions where the organization has established a reasonable cost for the supplemental collection of covered materials that are not readily recyclable and a responsible end market has been established. The services described in this subsection (2)(c) are not subject to the convenience standards.
(d)
The organization shall reimburse service providers for the recycling services costs to provide recycling services for all readily recyclable materials and covered materials that the organization approves pursuant to subsection (2)(c) of this section.
(e)
Notwithstanding any law to the contrary, nothing in this part 7 restricts a service provider from collecting or processing covered materials that are not included in the minimum recyclable list.
(3)
(a)
The organization shall contract with service providers to provide covered entities with convenient and equitable access to recycling services for all readily recyclable materials, at no charge to the covered entity, with the goal of achieving the recycling rate, collection rate, and postconsumer-recycled-content rate targets established in the final plan under section
25-17-705 (4)(p)
.
(b)
The collection of readily recyclable materials must be provided in a manner that is as convenient as the collection of solid waste in the geographic area in which the covered entity is located.
(c)
Any covered entities in the state that are receiving recycling services on December 31, 2022, must continue to receive equivalent recycling services through the program or a service provider on and after December 31, 2022.
(d)
The organization shall not restrict a person's ability to contract directly with service providers to obtain recycling services for covered materials.
(e)
Notwithstanding any law to the contrary, nothing in this part 7 voids or cancels any contract between a resident and a service provider for the provision of recycling services that is executed prior to December 31, 2022.
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).