reglab/statecodes huggingface dataset:
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 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-105.5 - Pilot program - cathode ray tube product recycling

(1)
The executive director of the department of public health and environment shall establish a cathode ray tube recycling pilot program, only if the department has received a grant, gift, or bequest pursuant to subsection (3) of this section that is sufficient to do so, for the purpose of:
(a)
Minimizing the number of cathode ray tube products that are disposed of within Colorado, including through public education regarding:
(I)
Why the disposal of cathode ray tube products in landfills should be minimized; and
(II)
How to recycle cathode ray tube products;
(b)
Developing local markets and business opportunities based on the recycling and reuse of cathode ray tube products;
(c)
Encouraging private industry and public-private partnerships to undertake research and development of new technologies for the recycling, waste minimization, and disposal of cathode ray tube products;
(d)
Providing businesses and individuals with easy access to cathode ray tube product recycling centers; and
(e)
Leveraging public support of cathode ray tube recycling with private grants and in-kind contributions to the pilot program.
(2)
The executive director of the department of public health and environment may make grants or loans to private industry and public-private partnerships for the purposes specified in subsection (1) of this section from any moneys in the cathode ray tube recycling fund, which fund is hereby created; except that said grants and loans shall be made only to entities that are located, or will be located, in Colorado.
(3)
The executive director of the department of public health and environment is hereby authorized to request, receive, and expend grants, gifts, and bequests, specifically including federal moneys, and other moneys available from any public or private source, excluding appropriations from the general fund, for the purposes specified in subsection (1) of this section, subject to annual appropriation by the general assembly. The executive director shall transmit such moneys to the state treasurer, who shall credit the moneys to the cathode ray tube recycling fund.
(4)
The general assembly shall make annual appropriations out of the cathode ray tube recycling fund to the department of public health and environment in an amount equal to the department's direct administrative costs in administering the cathode ray tube recycling pilot program and for purposes consistent with subsections (1) and (2) of this section, including developing and distributing public education materials.
(5)
Repealed.
Amended by 2015 Ch. 259,§ 75, eff. 8/5/2015.
L. 2001: Entire section added, p. 1470, § 2, effective June 6. L. 2009: (5) added, (SB 09-208), ch. 149, p. 625, §26, effective April 20. L. 2015: (5) repealed, (SB 15-264), ch. 259, p. 961, § 75, effective August 5.
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 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-106 - [Repealed]

L. 89: Entire article added, p. 1181, § 1, effective July 1. L. 93: Entire section amended, p. 2134, § 9, effective June 12. L. 98: Entire section amended, p. 1066, § 2, effective June 1; entire section amended, p. 880, § 3, effective July 1. L. 2008: Entire section repealed, p. 177, § 16, effective March 24.
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 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-107 - [Repealed]

L. 2009: Entire section added, (HB 09-1282), ch. 380, p. 2068, §1, effective June 1.
Subsection (4) provided for the repeal of this section, effective July 1, 2010. (See L. 2009, p. 2068.)
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 1 - RECYCLING OF PRODUCTS (§§ 25-17-101 — 25-17-108) › Section 25-17-108 - [Repealed]

Added by 2020 Ch. 289,§6, eff. 9/14/2020.
L. 2020: Entire section added, (SB 20-055), ch. 1432, p. 1432, § 6, effective September 14.
Subsection (5) provided for the repeal of this section, effective September 1, 2021. (See L. 2020, p. 1432.)
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 2 - [Repealed] (§ 25-17-201) › Section 25-17-201 - to 27-17-208 - [Repealed]

L. 2014: Entire part repealed, (HB 14-1352), ch. 351, p. 1595, § 10, effective July 1.
This part 2 was added in 1993.
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 3 - ELECTRONIC DEVICE RECYCLING (§§ 25-17-301 — 25-17-308) › Section 25-17-301 - Short title

This part 3 shall be known and may be cited as the "Electronic Recycling Jobs Act".
L. 2012: Entire part added, (SB 12-133), ch. 127, p. 434, § 1, effective August 8.
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 3 - ELECTRONIC DEVICE RECYCLING (§§ 25-17-301 — 25-17-308) › Section 25-17-303 - Landfill ban - rules

By July 1, 2013, a person shall not dispose of an electronic device or a component of an electronic device in a landfill in this state; except that a board of county commissioners for a county that does not have at least two electronic waste recycling events per year or an ongoing electronic waste recycling program that serves residents of the county may, by majority vote of the commissioners and in compliance with the requirements of this section, exempt its residents from the ban established by this section. A county shall make a good-faith effort to secure the electronic waste recycling services before the board of commissioners may exempt the county's residents from the landfill ban. An exemption from the landfill ban is valid for two years, after which the board may vote on another two-year exemption after again making a good-faith effort to secure a vendor to provide the recycling services. A county is not required to pay for the recycling services. Counties that currently do not have such services are encouraged to work with the department of public health and environment and other entities, such as the Colorado association for recycling, or its successor organization, to find an electronics recycling vendor that will serve that county.
L. 2012: Entire part added, (SB 12-133), ch. 127, p. 437, § 1, effective August 8.
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 3 - ELECTRONIC DEVICE RECYCLING (§§ 25-17-301 — 25-17-308) › Section 25-17-304 - State electronic device recycling - rules

(1)
Effective July 1, 2013, each state agency shall recycle its electronic devices. The agency shall use only a recycler that is certified to a national environmental certification standard such as the R2 or e-steward standards or other comparable recycling or disposal standard; except that this certification requirement does not apply to processing for reuse conducted on behalf of state agencies as stipulated in section
17-24-106.6
, C.R.S., by the division of correctional industries created in section
17-24-104
, C.R.S. The commission may adopt rules to avoid the use of certifications that are not comparable.
(2)
Upon receipt of a device, a recycler that accepts an electronic device from a state agency shall provide the agency with appropriate documentation verifying the recycler's certification as required in subsection (1) of this section.
L. 2012: Entire part added, (SB 12-133), ch. 127, p. 437, § 1, effective August 8.
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 3 - ELECTRONIC DEVICE RECYCLING (§§ 25-17-301 — 25-17-308) › Section 25-17-305 - Immunity

(1)
A recycler is not liable for personal or financial data or other information that a consumer or state agency may leave on an electronic device that is collected, processed, or recycled unless the recycler acted in a grossly negligent manner.
(2)
A waste hauler, as that term is defined in section
30-20-1001(16)
, C.R.S., or owner or operator of a landfill or transfer station does not violate this part 3 if the hauler, owner, or operator has made a good-faith effort to comply with this part 3 by posting and maintaining, in a conspicuous location at the waste hauler's facility, transfer station, or the landfill, a sign stating that electronic devices will not be accepted at the facility, transfer station, or landfill.
Amended by 2015 Ch. 259,§ 76, eff. 8/5/2015.
Amended by 2014 Ch. 351,§ 5, eff. 7/1/2014.
L. 2012: Entire part added, (SB 12-133), ch. 127, p. 437, § 1, effective August 8. L. 2014: (2) amended, (HB 14-1352), ch. 351, p. 1594, § 5, effective July 1. L. 2015: (2) amended, (SB 15-264), ch. 259, p. 961, § 76, effective August 5.
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 3 - ELECTRONIC DEVICE RECYCLING (§§ 25-17-301 — 25-17-308) › Section 25-17-306 - Public education

The department of public health and environment shall coordinate with existing public and private efforts regarding the development and implementation of a public education program about the recycling of electronic devices, the removal of data from an electronic device being offered for recycling, the benefits of electronic device recycling, how to find electronic device recyclers, and implementation of the landfill ban pursuant to section
25-17-303
. The department shall perform these functions within its existing resources.
L. 2012: Entire part added, (SB 12-133), ch. 127, p. 438, § 1, effective August 8.
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 3 - ELECTRONIC DEVICE RECYCLING (§§ 25-17-301 — 25-17-308) › Section 25-17-307 - Charitable donations of electronic devices

(1)
A charitable organization, as defined in section
6-16-103(1)
, C.R.S., may:
(a)
Refuse to accept a donation of an electronic device; and
(b)
Establish a surcharge for acceptance of a donation of an electronic device.
L. 2012: Entire part added, (SB 12-133), ch. 127, p. 438, § 1, effective August 8.
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 3 - ELECTRONIC DEVICE RECYCLING (§§ 25-17-301 — 25-17-308) › Section 25-17-308 - Rules

The commission shall adopt rules necessary to implement this part 3.
L. 2012: Entire part added, (SB 12-133), ch. 127, p. 438, § 1, effective August 8.
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 4 - ARCHITECTURAL PAINT STEWARDSHIP PROGRAMS (§§ 25-17-401 — 25-17-410) › Section 25-17-401 - Short title

This part 4 shall be known and may be cited as the "Architectural Paint Stewardship Act".
Added by 2014 Ch. 383,§ 1, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1864, § 1, effective August 6.
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 4 - ARCHITECTURAL PAINT STEWARDSHIP PROGRAMS (§§ 25-17-401 — 25-17-410) › Section 25-17-402 - Legislative declaration

(1)
The general assembly hereby finds and declares that paint disposal creates environmental and public health problems, and these problems should be addressed through the implementation of environmentally sound management practices for recycling postconsumer architectural paint.
(2)
To that end, it is the general assembly's intent to establish a system of paint stewardship programs that:
(a)
Provides substantial cost savings to household hazardous waste collection programs;
(b)
Significantly increases the number of:
(I)
Postconsumer architectural paint collection sites; and
(II)
Recycling opportunities for households, businesses, and other generators of postconsumer architectural paint; and
(c)
Exemplifies the principles of a product-centered approach to environmental protection, often referred to as "product stewardship".
Added by 2014 Ch. 383,§ 1, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1864, § 1, effective August 6.
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 4 - ARCHITECTURAL PAINT STEWARDSHIP PROGRAMS (§§ 25-17-401 — 25-17-410) › Section 25-17-406 - Retail sales - requirements - paint stewardship assessment added to purchase price - customer information

(1)
The executive director, upon the executive director's own motion, may, and, upon a person's written complaint, shall, investigate a producer to determine whether, on the date that the producer's architectural paint was sold at retail, the producer or the producer's brand was listed on the department's website as part of an approved paint stewardship program. If the executive director determines that the producer's architectural paint was sold in violation of this part 4, the executive director may order the producer to cease and desist from distributing the architectural paint until the producer is in compliance with this part 4.
(2)
For each container of architectural paint sold in Colorado, a retailer shall add the amount of the producer's paint stewardship assessment, established under section
25-17-404(2)(j)
, to the purchase price of the container of architectural paint.
(3)
A retailer selling architectural paint or offering architectural paint for sale shall, at the time of sale of any of a producer's architectural paint, provide customers with information about the producer's paint stewardship program, as provided by the producer pursuant to section
25-17-405(4)
. If a retailer fails to disseminate information about the producer's paint stewardship program pursuant to this subsection (3), but the retailer can demonstrate to the satisfaction of the executive director that the producer failed to provide the requisite education and outreach program information to the retailer, the retailer is neither liable nor prohibited from selling the producer's architectural paint.
Added by 2014 Ch. 383,§ 1, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1872, § 1, effective August 6.
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 4 - ARCHITECTURAL PAINT STEWARDSHIP PROGRAMS (§§ 25-17-401 — 25-17-410) › Section 25-17-407 - Violations - enforcement - administrative penalty

(1)
In addition to other penalties prescribed by this part 4 or any other law, a producer or stewardship organization that violates this part 4 is liable for an administrative penalty assessment not to exceed one thousand dollars per day for the first violation and five thousand dollars per day for a second or subsequent violation.
(2)
If a person is liable pursuant to subsection (1) of this section, the executive director shall serve by personal service or by certified mail an order that imposes an administrative penalty on the person who has been designated in the paint stewardship program plan as the contact person.
(3)
The contact person may submit a written request to the executive director for a hearing by personal service or by certified mail within thirty calendar days after the date of the order. An administrative law judge from the office of administrative courts shall conduct the hearing in accordance with section
24-4-105
, C.R.S.
(4)
If a request for a hearing is filed, payment of any monetary penalty is stayed pending a final decision by the administrative law judge after the hearing on the merits. The department is not precluded from imposing an administrative penalty against the producer or stewardship program for subsequent violations of this part 4 committed during the pendency of the stay.
(5)
The department bears the burden of proof by a preponderance of the evidence in a hearing held pursuant to this section.
(6)
The executive director may enter into a settlement agreement with a producer or stewardship organization assessed an administrative penalty under this section.
(7)
The executive director shall transfer any moneys collected under this section to the state treasurer, who shall deposit the moneys into the general fund.
Added by 2014 Ch. 383,§ 1, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1873, § 1, effective August 6.
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 4 - ARCHITECTURAL PAINT STEWARDSHIP PROGRAMS (§§ 25-17-401 — 25-17-410) › Section 25-17-408 - Fees - cash fund - creation

The executive director shall transmit all fees collected under section
25-17-404(4)
to the state treasurer, who shall credit them to the paint stewardship program cash fund, hereby created and referred to in this section as the "fund". The moneys in the fund are appropriated to the department for the purposes set forth in this part 4. All interest earned from the investment of moneys in the fund is credited to the fund. Any moneys not expended at the end of the fiscal year remain in the fund and do not revert to the general fund or any other fund.
Added by 2014 Ch. 383,§ 1, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1873, § 1, effective August 6.
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 4 - ARCHITECTURAL PAINT STEWARDSHIP PROGRAMS (§§ 25-17-401 — 25-17-410) › Section 25-17-409 - Certificate of designation not required

If a retailer or other facility serving as a postconsumer architectural paint collection site would not otherwise be required to obtain a certificate of designation as a solid wastes disposal site and facility pursuant to section
30-20-102
, C.R.S., then the retailer or other facility need not obtain a certificate of designation.
Added by 2014 Ch. 383,§ 1, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1874, § 1, effective August 6.
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 4 - ARCHITECTURAL PAINT STEWARDSHIP PROGRAMS (§§ 25-17-401 — 25-17-410) › Section 25-17-410 - Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions

If a producer or group of producers participating in a paint stewardship program or a stewardship organization contracted by one or more producers to implement a paint stewardship program engages in an activity performed solely in furtherance of implementing the paint stewardship program and in compliance with the provisions of this part 4, the activity is not a violation of the antitrust, restraint of trade, and unfair trade practices provisions of the "Unfair Practices Act", article
2
of title
6
, or the "Colorado State Antitrust Act of 2023", article
4
of title
6
.
Amended by 2023 Ch. 427,§ 5, eff. 6/7/2023.
Added by 2014 Ch. 383, § 1, eff. 8/6/2014.
L. 2014: Entire part added, (SB 14-029), ch. 383, p. 1874, § 1, effective August 6.
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 5 - MANAGEMENT OF PLASTIC PRODUCTS (§§ 25-17-501 — 25-17-509) › Section 25-17-501 - Short title

The short title of this part 5 is the "Plastic Pollution Reduction Act".
Added by 2021 Ch. 440,§2, eff. 7/6/2021.
L. 2021: Entire part added, (HB 21-1162), ch. 2910, p. 2910, § 2, effective July 6.
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 5 - MANAGEMENT OF PLASTIC PRODUCTS (§§ 25-17-501 — 25-17-509) › Section 25-17-502 - Legislative declaration

The general assembly finds, determines, and declares that limiting the use of single-use plastic carryout bags and expanded polystyrene products will mitigate the harmful effects on our state's natural resources and our environment that result from disposing of these products in our landfills.
Added by 2021 Ch. 440,§2, eff. 7/6/2021.
L. 2021: Entire part added, (HB 21-1162), ch. 2910, p. 2910, § 2, effective July 6.
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 5 - MANAGEMENT OF PLASTIC PRODUCTS (§§ 25-17-501 — 25-17-509) › Section 25-17-504 - Restrictions on use of single-use plastic carryout bag - inventory exception - repeal

(1)
Subject to section
25-17-505(1)
, on and after January 1, 2024, a store or retail food establishment shall not provide a single-use plastic carryout bag to a customer; except that a retail food establishment need not comply with this section if the retail food establishment:
(a)
Prepares or serves food in individual portions for immediate on- or off-premises consumption; and
(b)
Is not a grocery store or convenience store.
(2)
(a)
Subject to the carryout bag fee applied to single-use plastic carryout bags in section
25-17-505
, a store or retail food establishment may provide a single-use plastic carryout bag to a customer on or before June 1, 2024, if the single-use plastic carryout bag was part of the store's or retail food establishment's inventory before January 1, 2024.
(b)
This subsection (2) is repealed, effective September 1, 2024.
Added by 2021 Ch. 440,§2, eff. 7/6/2021.
L. 2021: Entire part added, (HB 21-1162), ch. 2913, p. 2913, § 2, effective July 6.
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 5 - MANAGEMENT OF PLASTIC PRODUCTS (§§ 25-17-501 — 25-17-509) › Section 25-17-506 - Prohibition on use of expanded polystyrene food containers

(1)
Except as provided in subsection (2) of this section, effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready-to-eat food in this state.
(2)
If a retail food establishment purchased expanded polystyrene products before January 1, 2024, the retail food establishment may distribute any remaining inventory of the expanded polystyrene products then purchased for use as containers for ready-to-eat food in this state until the inventory is depleted.
Added by 2021 Ch. 440,§2, eff. 7/6/2021.
L. 2021: Entire part added, (HB 21-1162), ch. 2915, p. 2915, § 2, effective July 6.
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 5 - MANAGEMENT OF PLASTIC PRODUCTS (§§ 25-17-501 — 25-17-509) › Section 25-17-507 - Enforcement - possible penalties

(1)
(a)
Except as provided in subsections (1)(b) and (1)(c) of this section, a local government may enforce a violation of this part 5 against a store or retail food establishment that is located within the boundaries of the local government in the manner that the local government chooses.
(b)
(I)
A county that chooses to enforce a violation of this part 5 against a store or retail food establishment located within the unincorporated boundaries of the county may seek injunctive relief against the store or retail food establishment or may assess the following civil penalties against the store or retail food establishment:
(A)
Up to five hundred dollars for a second violation; or
(B)
Up to one thousand dollars for a third or subsequent violation.
(II)
A county that chooses to enforce a violation of this part 5 may both seek injunctive relief and impose a civil penalty in accordance with this subsection (1)(b).
(c)
A local government shall not enforce a violation of this part 5 against a retail food establishment located within a school.
(2)
For purposes of this section, each retail sales transaction in which a violation of this part 5 is committed, regardless of whether multiple violations of this part 5 are committed in one retail sales transaction, constitutes a single violation of this part 5.
Added by 2021 Ch. 440,§2, eff. 7/6/2021.
L. 2021: Entire part added, (HB 21-1162), ch. 2915, p. 2915, § 2, effective July 6.
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 5 - MANAGEMENT OF PLASTIC PRODUCTS (§§ 25-17-501 — 25-17-509) › Section 25-17-508 - Local government regulation - preemption

On and after July 1, 2024, a local government may enact, implement, or enforce any ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than this part 5.
Added by 2021 Ch. 440,§2, eff. 7/6/2021.
L. 2021: Entire part added, (HB 21-1162), ch. 2916, p. 2916, § 2, effective July 6.
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 5 - MANAGEMENT OF PLASTIC PRODUCTS (§§ 25-17-501 — 25-17-509) › Section 25-17-509 - Exemption for medical products

Nothing in this part 5 prohibits or limits the use of any material used in the packaging of a product that is regulated as a drug, medical device, or dietary supplement by the food and drug administration in the United States department of health and human services under the "Federal Food, Drug, and Cosmetic Act",
21 U.S.C. sec. 321
et seq., as amended, or any equipment and materials used to manufacture such products.
Added by 2021 Ch. 440,§2, eff. 7/6/2021.
L. 2021: Entire part added, (HB 21-1162), ch. 2916, p. 2916, § 2, effective July 6.
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 6 - CIRCULAR ECONOMY DEVELOPMENT CENTER (§§ 25-17-601 — 25-17-603) › Section 25-17-601 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Administrator" means the third-party administrator with which the department contracts pursuant to section
25-17-602 (2)
.
(2)
"Circular economy" means an economy that uses a systems-focused approach and involves industrial processes and economic activities that:
(a)
Are restorative or regenerative by design;
(b)
Enable resources used in industrial processes and economic activities to maintain their highest values for as long as possible; and
(c)
Aim to eliminate waste through the superior design of materials, products, and systems, including business models.
(3)
"Circular economy development center" or "center" means the circular economy development center created in section
25-17-602
.
(4)
"Department" means the department of public health and environment created in section
24-1-119
.
(5)
"End market business" means a business, or a portion of a business, that processes or reuses recyclable material.
(6)
"Executive director" means the executive director of the department or the executive director's designee.
Added by 2022 Ch. 336, § 2, eff. 8/10/2022.
2022 Ch. 336, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 6 - CIRCULAR ECONOMY DEVELOPMENT CENTER (§§ 25-17-601 — 25-17-603) › Section 25-17-603 - Repeal of part

This part 6 is repealed, effective September 1, 2030. Before the repeal, the functions of the center are scheduled for review in accordance with section
24-34-104
.
Added by 2022 Ch. 336,§2, eff. 8/10/2022.
2022 Ch. 336, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 25-17-701 - Short title

The short title of this part 7 is the "Producer Responsibility Program for Statewide Recycling Act".
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).
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 25-17-702 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Recycling has a positive impact on the environment and public health by saving energy, conserving natural resources, and reducing greenhouse gas emissions;
(b)
Recycling has a positive benefit on Colorado's economy, with the recycling, remanufacturing, and reuse industries affecting eighty-six thousand jobs in Colorado and contributing over eight billion dollars in economic benefits annually;
(c)
In 2020, Colorado only recycled fifteen percent of its waste, which is less than half of the national average;
(d)
Colorado is not on track to meet the statewide recycling and waste diversion goals that the pollution prevention advisory board assistance committee adopted in 2016 and set forth in an integrated solid waste and materials management plan;
(e)
There can be negative environmental, social, economic, and health impacts in the production, consumption, and end-of-use management of consumer products and packaging across their life cycles;
(f)
All parties have the obligation to share in the responsibility to reduce negative impacts of end-of-use management for covered materials by building a system designed to minimize waste and to increase reuse and recycling of products and packaging; and
(g)
A producer responsibility program in Colorado would:
(I)
Establish a centralized system for managing recycling in the state that is funded through annual producer responsibility dues paid by the producers of covered materials;
(II)
Establish a clear and uniform statewide list of readily recyclable materials;
(III)
Provide a sustainable funding mechanism for recycling services and recycling infrastructure across all areas of Colorado;
(IV)
Promote the increased use of readily recyclable materials in new products and packaging;
(V)
Encourage producers to design and manage covered materials to prevent or minimize their negative environmental, social, economic, and health impacts;
(VI)
Be managed by an independent nonprofit organization that consults with an advisory board of recycling experts and would be overseen by the department;
(VII)
Invest in recycling end-market development and innovations that could attract new businesses to Colorado and create a more resilient domestic supply chain; and
(VIII)
Leverage existing recycling systems and infrastructure by working with both public and private service providers.
(2)
The general assembly therefore declares that it is in the public interest of Colorado to require producers to finance a producer responsibility program that provides statewide recycling services for covered materials.
Amended by 2024 Ch. 192,§ 6, eff. 7/1/2024.
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).
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 25-17-707 - Education and outreach program

(1)
The organization shall develop and implement a statewide education and outreach program that is designed to increase the recycling and reuse of covered materials and includes education and outreach on:
(a)
Proper end-of-life management of covered materials;
(b)
The location and availability of recycling services under the program; and
(c)
How to prevent littering in the process of providing recycling services for covered materials.
(2)
The education and outreach program must, at a minimum:
(a)
Provide clear and concise recycling instructions that are consistent statewide and accessible for all demographic groups;
(b)
Coordinate with existing recycling education materials and services provided throughout the state; and
(c)
Be designed to help the state achieve the minimum collection rate and minimum recycling rate targets established in the final plan under section
25-17-705 (4)(p)
and reduce levels and impacts of inbound contamination from covered materials at materials recovery facilities and compost facilities.
(3)
The organization shall consult with the advisory board and other entities providing recycling education in the state on the development and distribution of education outreach services and materials. The organization may contract with service providers, local governments, and nonprofit organizations to conduct recycling education and outreach services under the education and outreach program developed under subsection (1) of this section.
(4)
The organization shall develop a proposed methodology for evaluating and reporting on the effectiveness of the education and outreach program.
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).
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 25-17-711 - Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions

If the program or any other plan approved by the executive director pursuant to this part 7 engages in an activity performed solely in furtherance of implementing the program or plan and in compliance with this part 7, the activity is not a violation of the antitrust, restraint of trade, and unfair trade practices provisions of the "Unfair Practices Act", article
2
of title
6
, or the "Colorado State Antitrust Act of 2023", article
4
of title
6
.
Amended by 2023 Ch. 427,§ 6, eff. 6/7/2023.
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).
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 25-17-712 - Eligibility for state or local incentive programs

Nothing in this part 7 affects a person's eligibility for any state or local incentive programs for which the person is otherwise eligible.
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).
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 25-17-713 - Producer exemptions - rules

(1)
A producer is exempt from the requirements of this part 7 if the producer is:
(a)
A person with less than five million dollars in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year;
(b)
A person that has used less than one ton of covered materials for products sold or distributed within or into the state during the prior calendar year;
(c)
The state or a local government;
(d)
A nonprofit organization;
(e)
An agricultural employer, as defined in section
8-3-104(1)
, regardless of where the agricultural employer is located, with less than five million dollars in realized gross total revenue in the state from consumer sales of agricultural products sold under the brand name of the farmer, egg producer, grower, or individual grower cooperative;
(f)
An individual business operating a retail food establishment that is located at a physical business location and that is licensed under section
25-4-1607(1)(a)
or section 32-106.5 (1) to section 32-106.5 (5) of the Denver code of ordinances; or
(g)
A builder, a construction company, or construction contractors.
(2)
The commission shall adjust by rule the dollar limitation set forth in subsection (1)(a) of this section on July 1, 2023, and on July 1 of each year thereafter, based on the percentage change in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
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).
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 25-17-714 - Restriction on fees

A person shall not charge any kind of point-of-sale or point-of-collection fee to consumers to recoup its costs in meeting the obligations of or complying with this part 7.
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).
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 25-17-715 - Producer responsibility program for statewide recycling administration fund - creation - purpose

(1)
There is hereby created in the state treasury the producer responsibility program for statewide recycling administration fund, referred to in this section as the "fund". The fund consists of all producer responsibility dues transferred to the fund pursuant to this section and money that the general assembly transfers to the fund for use by the department. The organization shall transmit a portion of the producer responsibility dues to the state treasurer for deposit in the fund for purposes of reimbursing:
(a)
The department, including the advisory board, for the reasonable costs incurred in administering and implementing any portion of this part 7; and
(b)
The department for the reasonable costs incurred in enforcing this part 7 pursuant to section
25-17-710
.
(2)
(a)
By June 30, 2026, the department shall notify the organization of the costs in administering, implementing, and enforcing this part 7 since August 10, 2022.
(b)
By June 30 of each year after June 30, 2026, the department shall notify the organization of the costs of administering, implementing, and enforcing this part 7 during the immediately preceding year.
(c)
Upon receipt of the department's cost accounting, the organization shall transmit to the state treasurer, for deposit in the fund, an amount of producer responsibility dues necessary to reimburse the department for its costs.
(3)
The general assembly shall annually appropriate money from the fund to the department for the purposes set forth in subsection (1) of this section.
(4)
All unexpended and unencumbered money in the fund at the end of any state fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund. All interest derived from the deposit and investment of money in the fund remains in the fund and does not revert to the general fund.
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).
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 25-17-716 - No obligation to provide recycling services

Notwithstanding any law to the contrary, a private service provider is not required to provide recycling services under the program or any other plan approved by the executive director pursuant to this part 7.
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).
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 8 - STANDARDS FOR PRODUCTS REPRESENTED AS COMPOSTABLE (§§ 25-17-801 — 25-17-806) › Section 25-17-801 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Composting and recycling are two of the most cost-effective climate change solutions that can be implemented;
(b)
Landfilling food scraps and yard trimmings causes these organic materials to decompose without oxygen, creating vast amounts of methane, a greenhouse gas that is eighty-four times more potent than carbon dioxide in the short term;
(c)
Diverting these organic materials into local circular systems creates jobs and supports the growing number of composting hauling and processing businesses in the state;
(d)
Finished compost is a valuable soil amendment that builds healthier soils that are more resilient to drought and flooding and creates more productive agricultural lands;
(e)
To leverage the potential benefits of certified compostable bags and products, it is vital to clearly label these products in a way that makes them immediately and easily identifiable as certified compostable upon quick inspection at point of sale and point of use and in a public sorting area and processing facility;
(f)
Sales of falsely marketed or "greenwashed" food service ware and packaging products that look like certified compostable products yet do not compost according to the standards set by ASTM International are harmful to our state's economy by:
(I)
Creating confusion and causing undue cost burden to individual and business consumers;
(II)
Increasing cost and operational challenges for compost manufacturers;
(III)
Contaminating compostable material streams; and
(IV)
Reducing the value of the finished compost and sometimes making it unmarketable;
(g)
Environmental marketing claims for products marketed as compostable, whether implicit or implied, should adhere to uniform and recognized standards for compostability;
(h)
Products marketed as compostable should be readily and easily identifiable as complying with uniform and recognized standards; and
(i)
Implementing a standardized system and verification methods may create the ability for compost facilities to accept these products in the future.
(2)
The general assembly therefore declares that it is in the public interest of the state to establish standards for products represented, marketed, or advertised as compostable.
Added by 2023 Ch. 209,§ 1, eff. 8/7/2023.
2023 Ch. 209, was passed without a safety clause. See Colo. Const. art. V, § 1(3).