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 9 - ORGANICS DIVERSION (§§ 25-17-901 — 25-17-903) › Section 25-17-902 - Organics diversion study - report - funding

(1)
The department shall conduct or cause to be conducted a study that explores what local governments, other state agencies, and other states are doing to facilitate the diversion of organic materials from landfills and creates policy and legislative recommendations, including the feasibility of requiring diversion of organic materials from landfills in Colorado.
(2)
The department and any third party conducting the study pursuant to subsection (5) of this section shall engage with and seek input from stakeholders that have expertise and interest in organics diversion.
(3)
The study must, at a minimum:
(a)
Incorporate and utilize data contained in the SOMP, other existing Colorado studies, and research from other states;
(b)
Review and identify how to leverage existing organics diversion projects in Colorado to inform implementation of broader organics diversion projects throughout Colorado;
(c)
Consider the costs, feasibility, and benefits of diversion policies for both yard trimmings and food scraps. The report may evaluate the feasibility and benefits of policies aimed at increasing diversion of yard trimmings individually and food scraps individually or evaluate both combined.
(d)
Regarding the benefits of diversion of organic materials from landfills:
(I)
Evaluate the potential to extend the life of landfills by reducing the amount of organic materials landfilled;
(II)
Evaluate the greenhouse gas emission avoidance of diverting organic materials from landfills; and
(III)
Evaluate the water savings potential of applying finished compost to Colorado soils;
(e)
Regarding the infrastructure needed to enable diversion of organic materials from landfills:
(I)
Create actionable parameters to consider if and what type of facilities are needed to process organic materials and where the facilities should be located. Parameters may include population density, material type and volume generation, distance to existing infrastructure, access to transportation infrastructure, and potential for colocating with another facility, including a landfill, transfer station, or recycling facility.
(II)
Provide a plan for how infrastructure may be funded and create a timeline for infrastructure development. The plan must include best practices from other states that have incentivized or facilitated development of organics processing infrastructure.
(III)
Determine the best methods for collecting organic materials based on the materials, generators, population density, and types of collection facilities and vehicles;
(IV)
Determine the sorting infrastructure, policies, or other mechanisms required to reduce contamination and sort out remaining contaminants;
(V)
(A)
Compare the distances required to transport organic materials to landfills by Colorado region versus current and potential distances required to transport organic materials to permitted composting operations; and
(B)
Utilize the information gathered regarding the distances to develop recommendations to minimize emissions and transportation costs;
(VI)
Evaluate the benefits of increasing organics processing capacity and the funding, infrastructure, and regulatory changes needed to build out necessary infrastructure within each Colorado region; and
(VII)
Determine how to best serve areas with low population density and those at high altitudes. The study should examine different types of composting infrastructure, including in-vessel composting and anaerobic digestion.
(f)
Regarding policies and regulations to enable diversion of organic materials from landfills:
(I)
Where appropriate to support diversion of organic materials from landfills, recommend updates or amendments to existing state regulations to best accommodate, implement, monitor, and enforce any proposed organics diversion policies;
(II)
Recommend diversion goals by Colorado region to the commission and, if needed, updates to goals identified in the commission's integrated solid waste and materials management plan; and
(III)
Review and identify how other states monitor and enforce diversion policies at local and state levels;
(g)
Regarding education and local support to enable diversion of organic materials from landfills:
(I)
Determine the informational resources the department and other state agencies should develop for local governments to use to facilitate development of organics processing facilities needed for diverting yard trimmings and other organic materials. Informational resources may include model ordinances, sample siting guidelines, resources for funding, educational materials, resources on food donations, and an accessible map of where organics processing facilities are located in Colorado.
(II)
Determine the education needed to ensure residents and businesses understand the value and operations of organics diversion programs; and
(III)
Review and identify how other states have educated municipalities, businesses, and residents about organics diversion;
(h)
Regarding end-market development of organic materials diverted from landfills:
(I)
Evaluate how to combine the goal of diverting organic materials from landfills with creating resources for end-market development, including for production of compost, mulch, and biochar;
(II)
Review and identify interdepartmental opportunities for partnerships in developing usage requirements for state agencies for diverted organic material end products, including public works projects, erosion control, wildfire mitigation and post-fire rehabilitation, agricultural application of compost, and mine or other reclamation projects;
(III)
Review and identify how other states have developed end markets for organic material usage and incentivized end usage;
(IV)
Review and identify the benefits of diverting materials from landfills, including using organic residuals to make compost and other products in order to build soil that provides the ecosystem services of sequestering carbon, reducing water needs, and providing resilience; and
(V)
Determine whether there is a significant volume of compost, biochar, and mulch sold in Colorado that is produced out of state;
(i)
Regarding the impacts specific to Colorado of diverting materials from landfills:
(I)
Review and identify best practices in composting large quantities of woody materials in an arid climate and at high altitudes, including researching techniques such as biochar production and utilization, mycelium inoculation, and other accelerated composting methods that can help break down organic materials outside the confines of industrial compost facilities as often occurs in rural areas;
(II)
Review and identify how to address the potential overstock of organic materials awaiting processing; and
(III)
Review and identify best practices for diverting organic materials in communities with tourism-based economies that experience large influxes of visitor-generated food scraps during specific periods throughout the year; and
(j)
Regarding funding sources to enable diversion of organic materials from landfills:
(I)
Review and identify potential funding sources to support development of collection, contamination reduction, and processing infrastructure. Potential funding sources may include existing state funds, including the Colorado circular communities cash fund created in section 25-16.5-109 (4) and the Colorado economic development fund created in section
24-46-105
; grants from other state agencies, including the department of local affairs created in section
24-1-125
; federal funds; and generator- or producer-funded programs.
(II)
Review and identify potential funding sources or fees that can be increased or improved to encourage or enable diversion of organic materials from landfills and provide increased resources needed for infrastructure and program development in all Colorado regions, including in rural and underserved communities; and
(III)
Review and identify programs in other state agencies that overlap with diversion of organic materials from landfills, including public works projects, erosion control, wildfire mitigation and post-fire rehabilitation, agricultural application of compost, and mine or other reclamation projects.
(4)
On or before August 1, 2024, the department shall submit a report to the agriculture and natural resources committee and the transportation and energy committee of the senate and the agriculture, water, and natural resources committee and the energy and environment committee of the house of representatives, or their successor committees. The report must include the study's research, findings, and recommendations, in accordance with subsection (3) of this section.
(5)
(a)
The department may contract a third party to conduct part or all of the study.
(b)
The department may combine funding with other state agencies to hire a third party to conduct the study.
Amended by 2024 Ch. 192,§ 9, eff. 7/1/2024.
Added by 2023 Ch. 208,§ 2, eff. 5/17/2023.