Colorado 2022 Regular Session

Colorado House Bill HB1159 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0614.01 Richard Sweetman x4333
1	8		HOUSE BILL 22-1159
2		-	BY REPRESENTATIVE(S) Cutter, Amabile, Bacon, Bernett, Bird,
3		-	Boesenecker, Caraveo, Duran, Exum, Froelich, Hooton, Kennedy, Kipp,
4		-	Lindsay, Lontine, McCluskie, McCormick, McLachlan, Ricks, Sirota,
5		-	Titone, Valdez A., Weissman, Woodrow;
6		-	also SENATOR(S) Priola and Winter, Jaquez Lewis, Lee, Moreno, Story,
7		-	Fenberg.
	9	+	House Committees Senate Committees
	10	+	Energy & Environment Finance
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING WASTE DIVERSION , AND, IN CONNECTION THEREWITH ,
10		-	CREATING THE CIRCULAR ECONOMY DEVELOPMENT CENTER IN THE
11		-	DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
12		-	, ESTABLISHING
13		-	THE COSTS OF OPERATING THE CENTER AS A PERMISSIBLE USE OF
14		-	MONEY FROM THE FRONT RANGE WASTE DIVERSION CASH FUND AND
15		-	THE RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND
16		-	, AND
17		-	EXTENDING AND REMOVING CERTAIN REPEAL DATES ASSOCIATED
18		-	WITH EXISTING STATUTORY WASTE DIVERSION EFFORTS
19		-	.
20		-
21		-	Be it enacted by the General Assembly of the State of Colorado:
22		-	SECTION 1. Legislative declaration. (1) The general assembly
23		-	finds that:
24		-	(a) The recycling, remanufacturing, and reuse industry affects
25		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
26		-	officers and the Governor. To determine whether the Governor has signed the bill
27		-	or taken other action on it, please consult the legislative status sheet, the legislative
28		-	history, or the Session Laws.
29		-	________
30		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
31		-	through words or numbers indicate deletions from existing law and such material is not part of
32		-	the act. 86,000 jobs in Colorado, which is 2.7% of the state's overall employment;
33		-	(b) In 2020, recycling in Colorado reduced greenhouse gas
34		-	emissions by more than 1,900,000 metric tons of carbon dioxide equivalent,
35		-	which is equal to removing more than 400,000 cars from our roads
36		-	annually. Recycling also saved more than 13,590,000 BTUs of energy,
37		-	which is equal to conserving the annual energy use of more than 148,000
38		-	Colorado households.
39		-	(c) The recycling, remanufacturing, and reuse industry accounts for
40		-	3.1% of the state's gross state product;
41		-	(d) Recovering and recycling materials provides bottom-line
42		-	benefits to Colorado in terms of people, the planet, and profits; and
43		-	(e) Despite such benefits, the state's waste diversion rate has
44		-	stagnated at around 15%, which is well below the 2021 state goal of
45		-	achieving a 28% waste diversion rate.
46		-	(2) The general assembly also finds that:
47		-	(a) There is no singular solution to increasing diversion;
48		-	(b) For Colorado to reach its goals, actions must be taken to improve
49		-	both the supply of materials collected and the demand for those recovered
50		-	materials; and
51		-	(c) By growing existing regional markets or creating new end
52		-	markets for recycled commodities and compost, Colorado has the potential
53		-	to shift the demand curve.
54		-	(3) The general assembly therefore declares that a circular economy
55		-	development center focused on growing existing markets and creating new
56		-	end markets for recycled commodities and compost in Colorado can
57		-	increase demand for recycled materials, moving Colorado closer to its waste
58		-	diversion and sustainability goals.
59		-	SECTION 2. In Colorado Revised Statutes, add part 6 to article 17
60		-	of title 25 as follows:
61		-	PAGE 2-HOUSE BILL 22-1159 PART 6
62		-	CIRCULAR ECONOMY DEVELOPMENT CENTER
	13	+	ONCERNING WASTE DIVERSION , AND, IN CONNECTION THEREWITH ,101
	14	+	CREATING THE CIRCULAR ECONOMY DEVELOPMENT CENTER IN102
	15	+	THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ,103
	16	+	ESTABLISHING THE COSTS OF OPERATING THE CENTER AS A104
	17	+	PERMISSIBLE USE OF MONEY FROM THE FRONT RANGE WASTE105
	18	+	DIVERSION CASH FUND AND THE RECYCLING RESOURCES106
	19	+	ECONOMIC OPPORTUNITY FUND , AND EXTENDING AND107
	20	+	REMOVING CERTAIN REPEAL DATES ASSOCIATED WITH EXISTING108
	21	+	STATUTORY WASTE DIVERSION EFFORTS .109
	22	+	Bill Summary
	23	+	(Note: This summary applies to this bill as introduced and does
	24	+	not reflect any amendments that may be subsequently adopted. If this bill
	25	+	passes third reading in the house of introduction, a bill summary that
	26	+	SENATE
	27	+	3rd Reading Unamended
	28	+	May 5, 2022
	29	+	SENATE
	30	+	2nd Reading Unamended
	31	+	May 4, 2022
	32	+	HOUSE
	33	+	3rd Reading Unamended
	34	+	March 9, 2022
	35	+	HOUSE
	36	+	SPONSORSHIP
	37	+	HOUSE SPONSORSHIP
	38	+	Cutter, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo, Duran, Exum, Froelich,
	39	+	Hooton, Kennedy, Kipp, Lindsay, Lontine, McCluskie, McCormick, McLachlan, Ricks,
	40	+	Sirota, Titone, Valdez A., Weissman, Woodrow
	41	+	SENATE SPONSORSHIP
	42	+	Priola and Winter, Fenberg, Jaquez Lewis, Lee, Moreno, Story
	43	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	44	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	45	+	Dashes through the words indicate deletions from existing statute. applies to the reengrossed version of this bill will be available at
	46	+	http://leg.colorado.gov.)
	47	+	Section 1 of the bill makes legislative findings and declarations.
	48	+	Section 2 creates the circular economy development center (center) in the
	49	+	department of public health and environment (department). The purpose
	50	+	of the center is to grow existing markets; create new markets; and provide
	51	+	necessary infrastructure, logistics, and marketing to create a sustainable
	52	+	circular economy for recycled commodities in Colorado. On or before
	53	+	July 1, 2023, subject to available appropriations, the department must
	54	+	contract with a third-party administrator to operate the center.
	55	+	The center must conduct a statewide, end-market gap analysis and
	56	+	opportunity assessment and submit a final report of the analysis and
	57	+	assessment to the department by August 1, 2024. Beginning September
	58	+	1, 2023, and on or before each September 1 thereafter, the center must
	59	+	also submit a report to the department describing the progress of the
	60	+	center. The department must include the report in its annual presentation
	61	+	to the general assembly pursuant to the "State Measurement for
	62	+	Accountable, Responsive, and Transparent (SMART) Government Act".
	63	+	Section 2 also repeals the center, effective September 1, 2030.
	64	+	Section 3 requires the front range waste diversion enterprise
	65	+	(enterprise), in coordination with the department, to pay for direct and
	66	+	indirect costs associated with the operation of the center through the front
	67	+	range waste diversion cash fund (fund). Section 3 also makes changes to
	68	+	the front range waste diversion enterprise grant program as follows:
	69	+	! Current law imposes limitations for grant applications that
	70	+	are received from a waste hauler or a landfill owner or
	71	+	operator. Specifically, as to the portions of such an
	72	+	application that relate to infrastructure or equipment, only
	73	+	50% of infrastructure or equipment can be funded through
	74	+	the grant program and, if the board awards a grant to a
	75	+	waste hauler or landfill owner or operator for infrastructure
	76	+	or equipment, the grantee is ineligible to receive a grant for
	77	+	the following 5 years. The bill removes these limitations.
	78	+	! Current law prohibits the board of directors of the
	79	+	enterprise from allocating more than 20% of the annual
	80	+	fund revenue in any single grant award. The bill raises this
	81	+	maximum to 50%.
	82	+	Section 3 also extends the repeal date of the enterprise from
	83	+	September 1, 2029, to September 1, 2030.
	84	+	Sections 4 and 5 extend the repeal dates of the recycling resources
	85	+	economic opportunity program and the associated recycling resources
	86	+	economic opportunity fund from July 1, 2026, to September 1, 2030.
	87	+	Section 4 also requires the department to use money appropriated from
	88	+	the recycling resources economic opportunity fund to pay for direct and
	89	+	1159
	90	+	-2- indirect costs associated with the operation of the center.
	91	+	Under current law, the solid waste user fee is repealed, effective
	92	+	July 1, 2026. Section 6 extends this repeal date to September 1, 2030.
	93	+	Section 6 also extends, from September 1, 2029, to September 1, 2030,
	94	+	the repeal date of a specific user fee that is associated with the solid waste
	95	+	user fee.
	96	+	Be it enacted by the General Assembly of the State of Colorado:1
	97	+	SECTION 1. Legislative declaration. (1) The general assembly2
	98	+	finds that:3
	99	+	(a) The recycling, remanufacturing, and reuse industry affects4
	100	+	86,000 jobs in Colorado, which is 2.7% of the state's overall employment;5
	101	+	(b) In 2020, recycling in Colorado reduced greenhouse gas6
	102	+	emissions by more than 1,900,000 metric tons of carbon dioxide7
	103	+	equivalent, which is equal to removing more than 400,000 cars from our8
	104	+	roads annually. Recycling also saved more than 13,590,000 BTUs of9
	105	+	energy, which is equal to conserving the annual energy use of more than10
	106	+	148,000 Colorado households.11
	107	+	(c) The recycling, remanufacturing, and reuse industry accounts12
	108	+	for 3.1% of the state's gross state product;13
	109	+	(d) Recovering and recycling materials provides bottom-line14
	110	+	benefits to Colorado in terms of people, the planet, and profits; and15
	111	+	(e) Despite such benefits, the state's waste diversion rate has16
	112	+	stagnated at around 15%, which is well below the 2021 state goal of17
	113	+	achieving a 28% waste diversion rate.18
	114	+	(2) The general assembly also finds that:19
	115	+	(a) There is no singular solution to increasing diversion;20
	116	+	(b) For Colorado to reach its goals, actions must be taken to21
	117	+	improve both the supply of materials collected and the demand for those22
	118	+	1159-3- recovered materials; and1
	119	+	(c) By growing existing regional markets or creating new end2
	120	+	markets for recycled commodities and compost, Colorado has the3
	121	+	potential to shift the demand curve.4
	122	+	(3) The general assembly therefore declares that a circular5
	123	+	economy development center focused on growing existing markets and6
	124	+	creating new end markets for recycled commodities and compost in7
	125	+	Colorado can increase demand for recycled materials, moving Colorado8
	126	+	closer to its waste diversion and sustainability goals.9
	127	+	SECTION 2. In Colorado Revised Statutes, add part 6 to article10
	128	+	17 of title 25 as follows:11
	129	+	PART 612
	130	+	CIRCULAR ECONOMY DEVELOPMENT CENTER13
63	131		25-17-601. Definitions. A
64		-	S USED IN THIS PART 6, UNLESS THE
65		-	CONTEXT OTHERWISE REQUIRES
66		-	:
	132	+	S USED IN THIS PART 6, UNLESS THE14
	133	+	CONTEXT OTHERWISE REQUIRES :15
67	134		(1) "A
68		-	DMINISTRATOR" MEANS THE THIRD-PARTY ADMINISTRATOR
69		-	WITH WHICH THE DEPARTMENT CONTRACTS PURSUANT TO SECTION
70		-	25-17-602 (2).
	135	+	DMINISTRATOR" MEANS THE THIRD-PARTY ADMINISTRATOR16
	136	+	WITH WHICH THE DEPARTMENT CONTRACTS PURSUANT TO SECTION17
	137	+	25-17-602
	138	+	(2).18
71	139		(2) "C
72		-	IRCULAR ECONOMY" MEANS AN ECONOMY THAT USES A
73		-	SYSTEMS
74		-	-FOCUSED APPROACH AND INVOLVES INDUSTRIAL PROCESSES AND
75		-	ECONOMIC ACTIVITIES THAT
76		-	:
	140	+	IRCULAR ECONOMY" MEANS AN ECONOMY THAT USES A19
	141	+	SYSTEMS-FOCUSED APPROACH AND INVOLVES INDUSTRIAL PROCESSES AND20
	142	+	ECONOMIC ACTIVITIES THAT:21
77	143		(a) A
78		-	RE RESTORATIVE OR REGENERATIVE BY DESIGN ;
	144	+	RE RESTORATIVE OR REGENERATIVE BY DESIGN ;22
79	145		(b) E
80		-	NABLE RESOURCES USED IN INDUSTRIAL PROCESSES AND
81		-	ECONOMIC ACTIVITIES TO MAINTAIN THEIR HIGHEST VALUES FOR AS LONG AS
82		-	POSSIBLE
83		-	; AND
84		-	(c) AIM TO ELIMINATE WASTE THROUGH THE SUPERIOR DESIGN OF
85		-	MATERIALS
86		-	, PRODUCTS, AND SYSTEMS, INCLUDING BUSINESS MODELS.
87		-	(3) "C
88		-	IRCULAR ECONOMY DEVELOPMENT CENTER " OR "CENTER"
89		-	MEANS THE CIRCULAR ECONOMY DEVELOPMENT CENTER CREATED IN
90		-	SECTION
91		-	25-17-602.
	146	+	NABLE RESOURCES USED IN INDUSTRIAL PROCESSES AND23
	147	+	ECONOMIC ACTIVITIES TO MAINTAIN THEIR HIGHEST VALUES FOR AS LONG24
	148	+	AS POSSIBLE; AND25
	149	+	(c) A
	150	+	IM TO ELIMINATE WASTE THROUGH THE SUPERIOR DESIGN OF26
	151	+	MATERIALS, PRODUCTS, AND SYSTEMS, INCLUDING BUSINESS MODELS.27
	152	+	1159
	153	+	-4- (3) "CIRCULAR ECONOMY DEVELOPMENT CENTER " OR "CENTER"1
	154	+	MEANS THE CIRCULAR ECONOMY DEVELOPMENT CENTER CREATED IN2
	155	+	SECTION 25-17-602.3
92	156		(4) "D
93		-	EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
94		-	AND ENVIRONMENT CREATED IN SECTION
95		-	24-1-119.
	157	+	EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH4
	158	+	AND ENVIRONMENT CREATED IN SECTION 24-1-119.5
96	159		(5) "E
97		-	ND MARKET BUSINESS" MEANS A BUSINESS, OR A PORTION OF
98		-	A BUSINESS
99		-	, THAT PROCESSES OR REUSES RECYCLABLE MATERIAL .
	160	+	ND MARKET BUSINESS" MEANS A BUSINESS, OR A PORTION OF6
	161	+	A BUSINESS, THAT PROCESSES OR REUSES RECYCLABLE MATERIAL .7
100	162		(6) "E
101		-	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF
102		-	THE DEPARTMENT OR THE EXECUTIVE DIRECTOR
103		-	'S DESIGNEE.
104		-	25-17-602. Circular economy development center - creation -
	163	+	XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF8
	164	+	THE DEPARTMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE.9
	165	+	25-17-602. Circular economy development center - creation -10
105	166		administration - reports - repeal. (1) Creation. T
106		-	HE CIRCULAR ECONOMY
107		-	DEVELOPMENT CENTER IS HEREBY CREATED IN THE DEPARTMENT
108		-	. THE
109		-	PURPOSE OF THE CENTER IS TO GROW EXISTING MARKETS
110		-	, CREATE NEW
111		-	PAGE 3-HOUSE BILL 22-1159 MARKETS, AND PROVIDE NECESSARY INFRASTRUCTURE , SYSTEMS, LOGISTICS,
112		-	AND MARKETING TO CREATE A SUSTAINABLE CIRCULAR ECONOMY FOR
113		-	RECYCLED COMMODITIES AND COMPOST IN
114		-	COLORADO. THE PRIMARY
115		-	ACTIVITIES OF THE CENTER ARE
116		-	:
	167	+	HE CIRCULAR11
	168	+	ECONOMY DEVELOPMENT CENTER IS HEREBY CREATED IN THE12
	169	+	DEPARTMENT. THE PURPOSE OF THE CENTER IS TO GROW EXISTING13
	170	+	MARKETS, CREATE NEW MARKETS , AND PROVIDE NECESSARY14
	171	+	INFRASTRUCTURE, SYSTEMS, LOGISTICS, AND MARKETING TO CREATE A15
	172	+	SUSTAINABLE CIRCULAR ECONOMY FOR RECYCLED COMMODITIES AND16
	173	+	COMPOST IN COLORADO. THE PRIMARY ACTIVITIES OF THE CENTER ARE :17
117	174		(a) C
118		-	ONNECTING END MARKETS TO EXISTING STATE GRANTS AND
119		-	INCENTIVES
120		-	;
	175	+	ONNECTING END MARKETS TO EXISTING STATE GRANTS AND18
	176	+	INCENTIVES;19
121	177		(b) W
122		-	ORKING WITH PROCESSORS AND MANUFACTURERS IN THE STATE
123		-	TO INCREASE THE USE OF RECYCLED CONTENT INPUTS
124		-	;
	178	+	ORKING WITH PROCESSORS AND MANUFACTURERS IN THE20
	179	+	STATE TO INCREASE THE USE OF RECYCLED CONTENT INPUTS ;21
125	180		(c) S
126		-	UPPORTING WASTE REDUCTION AND REUSE WITHIN SYSTEMS
127		-	THAT ADVANCE CIRCULARITY GOALS
128		-	;
	181	+	UPPORTING WASTE REDUCTION AND REUSE WITHIN SYSTEMS22
	182	+	THAT ADVANCE CIRCULARITY GOALS ;23
129	183		(d) M
130		-	ARKETING COLORADO RECYCLED MATERIALS AND RECRUITING
131		-	OUT
132		-	-OF-STATE RECYCLING END MARKETS , INCLUDING MANUFACTURERS , TO
133		-	COLORADO;
	184	+	ARKETING COLORADO RECYCLED MATERIALS AND24
	185	+	RECRUITING OUT-OF-STATE RECYCLING END MARKETS , INCLUDING25
	186	+	MANUFACTURERS, TO COLORADO;26
134	187		(e) F
135		-	ACILITATING CONNECTIONS AMONG RECYCLERS , ~~WASTE~~
136		-	~~HAULERS~~
137		-	, PROCESSORS, MANUFACTURERS, TRANSPORTERS, ~~MUNICIPALITIES,~~
138		-	INVESTORS, HIGHER EDUCATION, AND OTHER ENTITIES;
	188	+	ACILITATING CONNECTIONS AMONG RECYCLERS , WASTE27
	189	+	1159
	190	+	-5- HAULERS, PROCESSORS , MANUFACTURERS , TRANSPORTERS ,1
	191	+	MUNICIPALITIES, INVESTORS, HIGHER EDUCATION, AND OTHER ENTITIES;2
139	192		(f) S
140		-	UPPORTING END-MARKET-RELATED BUSINESSES AS THOSE
141		-	BUSINESSES LOOK TO SCALE OR GROW
142		-	; AND
143		-	(g) EVALUATING COLORADO'S RECYCLING END MARKETS AND
144		-	SUPPLY CHAINS
145		-	.
	193	+	UPPORTING END-MARKET-RELATED BUSINESSES AS THOSE3
	194	+	BUSINESSES LOOK TO SCALE OR GROW ; AND4
	195	+	(g) E
	196	+	VALUATING COLORADO'S RECYCLING END MARKETS AND5
	197	+	SUPPLY CHAINS.6
146	198		(2) Administration. (a) O
147		-	N OR BEFORE JULY 1, 2023, SUBJECT TO
148		-	AVAILABLE APPROPRIATIONS
149		-	, THE DEPARTMENT SHALL CONTRACT WITH A
150		-	THIRD
151		-	-PARTY ADMINISTRATOR TO OPERATE THE CENTER .
	199	+	N OR BEFORE JULY 1, 2023, SUBJECT TO7
	200	+	AVAILABLE APPROPRIATIONS, THE DEPARTMENT SHALL CONTRACT WITH8
	201	+	A THIRD-PARTY ADMINISTRATOR TO OPERATE THE CENTER .9
152	202		(b) I
153		-	N SOLICITING FOR A THIRD-PARTY ADMINISTRATOR OF THE
154		-	CENTER
155		-	, THE DEPARTMENT SHALL REQUIRE APPLICANTS TO SUBMIT A
156		-	PROPOSED WORK PLAN FOR THE CENTER
157		-	, WHICH WORK PLAN, AT A MINIMUM,
158		-	OUTLINES GOALS, STRATEGIES, ACTIVITIES, DELIVERABLES, AND EXPECTED
159		-	OUTCOMES
160		-	.
	203	+	N SOLICITING FOR A THIRD-PARTY ADMINISTRATOR OF THE10
	204	+	CENTER, THE DEPARTMENT SHALL REQUIRE APPLICANTS TO SUBMIT A11
	205	+	PROPOSED WORK PLAN FOR THE CENTER , WHICH WORK PLAN , AT A12
	206	+	MINIMUM, OUTLINES GOALS, STRATEGIES, ACTIVITIES, DELIVERABLES, AND13
	207	+	EXPECTED OUTCOMES.14
161	208		(c) T
162		-	HE ADMINISTRATOR SHALL UPDATE THE WORK PLAN DESCRIBED
163		-	IN SUBSECTION
164		-	(2)(b) OF THIS SECTION ANNUALLY, AND THE DEPARTMENT
165		-	PAGE 4-HOUSE BILL 22-1159 SHALL APPROVE OR DISAPPROVE THE WORK PLAN . IN SUBMITTING AN
166		-	UPDATED WORK PLAN PURSUANT TO THIS SUBSECTION
167		-	(2)(c), THE
168		-	ADMINISTRATOR SHALL INCLUDE IN THE UPDATED WORK PLAN
169		-	RECOMMENDED ACTIONS FOR DEVELOPING MARKETS FOR COMMODITIES
170		-	COMPRISING A SIGNIFICANT PERCENTAGE OF THE WASTE STREAM AND
171		-	HAVING POTENTIAL FOR USE AS AN INDUSTRIAL OR COMMERCIAL
172		-	FEEDSTOCK
173		-	.
174		-	(d) I
175		-	N ADMINISTERING THE CENTER, THE ADMINISTRATOR:
176		-	(I) S
177		-	HALL SEEK AND CONSIDER THE INPUT OF:
	209	+	HE ADMINISTRATOR SHALL UPDATE THE WORK PLAN15
	210	+	DESCRIBED IN SUBSECTION (2)(b) OF THIS SECTION ANNUALLY, AND THE16
	211	+	DEPARTMENT SHALL APPROVE OR DISAPPROVE THE WORK PLAN . IN17
	212	+	SUBMITTING AN UPDATED WORK PLAN PURSUANT TO THIS SUBSECTION18
	213	+	(2)(c),
	214	+	THE ADMINISTRATOR SHALL INCLUDE IN THE UPDATED WORK PLAN19
	215	+	RECOMMENDED ACTIONS FOR DEVELOPING MARKETS FOR COMMODITIES20
	216	+	COMPRISING A SIGNIFICANT PERCENTAGE OF THE WASTE STREAM AND21
	217	+	HAVING POTENTIAL FOR USE AS AN INDUSTRIAL OR COMMERCIAL22
	218	+	FEEDSTOCK.23
	219	+	(d) IN ADMINISTERING THE CENTER, THE ADMINISTRATOR:24
	220	+	(I) SHALL SEEK AND CONSIDER THE INPUT OF:25
	221	+	(A) THE DEPARTMENT;26
	222	+	(B) THE OFFICE OF ECONOMIC DEVELOPMENT CREATED IN SECTION27
	223	+	1159
	224	+	-6- 24-48.5-101;1
	225	+	(C) REPRESENTATIVES FROM THE PUBLIC AND PRIVATE SECTORS2
	226	+	ENGAGED IN WASTE DIVERSION OR ECONOMIC DEVELOPMENT ACTIVITIES3
	227	+	ON THE WESTERN SLOPE, IN THE MOUNTAINS, ON THE FRONT RANGE, AND4
	228	+	IN EASTERN AND SOUTHEASTERN COLORADO; AND5
	229	+	(D) TO THE EXTENT PRACTICABLE , REPRESENTATIVES OF6
	230	+	NONPROFIT ORGANIZATIONS AND INSTITUTIONS OF HIGHER EDUCATION ;7
	231	+	AND8
	232	+	(II) MAY SEEK AND SOLICIT ON BEHALF OF THE CENTER GIFTS ,9
	233	+	GRANTS, AND DONATIONS TO PAY FOR THE FUNCTIONS OF THE CENTER, AS10
	234	+	DESCRIBED IN SUBSECTION (6) OF THIS SECTION.11
	235	+	(3) Web page. T
	236	+	HE CENTER SHALL MAINTAIN A PUBLIC WEB PAGE .12
	237	+	(4) Reports. (a) (I) T
	238	+	HE CENTER SHALL CONDUCT A STATEWIDE13
	239	+	END-MARKET GAP ANALYSIS AND OPPORTUNITY ASSESSMENT AND SUBMIT14
	240	+	A FINAL REPORT OF THE ANALYSIS AND ASSESSMENT TO THE DEPARTMENT15
	241	+	BY AUGUST 1, 2024.16
	242	+	(II) T
	243	+	HIS SUBSECTION (4)(a) IS REPEALED, EFFECTIVE JULY 1, 2025.17
	244	+	(b) (I) B
	245	+	EGINNING SEPTEMBER 1, 2023, AND ON OR BEFORE EACH18
	246	+	S
	247	+	EPTEMBER 1 THEREAFTER, THE CENTER SHALL SUBMIT A REPORT TO THE19
	248	+	DEPARTMENT DESCRIBING THE PROGRESS OF THE CENTER . THE REPORT20
	249	+	MUST INCLUDE THE FOLLOWING INFORMATION FROM THE PRECEDING21
	250	+	STATE FISCAL YEAR:22
	251	+	(A) A
	252	+	SUMMARY OF ACTIVITIES COMPLETED BY THE CENTER ;23
	253	+	(B) T
	254	+	HE RESULTS ACHIEVED AND PROGRESS MADE BY THE CENTER24
	255	+	ON ITS APPROVED WORK PLAN AND PROGRESS IN ACHIEVING ITS OBJECTIVE25
	256	+	OF COMPLETING CIRCULAR ECONOMIES FOR MATERIALS IN THE STATE ; AND26
	257	+	(C) A
	258	+	SUMMARY OF ACTIVITIES AND OPPORTUNITIES THAT THE27
	259	+	1159
	260	+	-7- CENTER PLANS TO ADDRESS IN THE FUTURE .1
	261	+	(II) T
	262	+	HE DEPARTMENT SHALL INCLUDE THE REPORT DESCRIBED IN2
	263	+	SUBSECTION (4)(b)(I) OF THIS SECTION IN ITS ANNUAL PRESENTATION TO3
	264	+	THE GENERAL ASSEMBLY PURSUANT TO THE "STATE MEASUREMENT FOR4
	265	+	A
	266	+	CCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)5
	267	+	G
	268	+	OVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.6
	269	+	(5) Costs. T
	270	+	HE DIRECT AND INDIRECT COSTS ASSOCIATED WITH7
	271	+	THE DEPARTMENT'S OVERSIGHT AND THE ADMINISTRATOR 'S OPERATION OF8
	272	+	THE CENTER SHALL BE PAID BY MONEY APPROPRIATED TO THE9
	273	+	DEPARTMENT FROM:10
178	274		(a) T
179		-	HE DEPARTMENT;
	275	+	HE FRONT RANGE WASTE DIVERSION CASH FUND , PURSUANT11
	276	+	TO SECTION 25-16.5-111 (4)(b)(V); AND12
180	277		(b) T
181		-	HE OFFICE OF ECONOMIC DEVELOPMENT CREATED IN SECTION
182		-	24-48.5-101;
183		-	(C) R
184		-	EPRESENTATIVES FROM THE PUBLIC AND PRIVATE SECTORS
185		-	ENGAGED IN WASTE DIVERSION OR ECONOMIC DEVELOPMENT ACTIVITIES ON
186		-	THE WESTERN SLOPE
187		-	, IN THE MOUNTAINS, ON THE FRONT RANGE, AND IN
188		-	EASTERN AND SOUTHEASTERN
189		-	COLORADO; AND
190		-	(D) TO THE EXTENT PRACTICABLE, REPRESENTATIVES OF NONPROFIT
191		-	ORGANIZATIONS AND INSTITUTIONS OF HIGHER EDUCATION
192		-	; AND
193		-	(II) MAY SEEK AND SOLICIT ON BEHALF OF THE CENTER GIFTS ,
194		-	GRANTS, AND DONATIONS TO PAY FOR THE FUNCTIONS OF THE CENTER , AS
195		-	DESCRIBED IN SUBSECTION
196		-	(6) OF THIS SECTION.
197		-	(3) Web page. T
198		-	HE CENTER SHALL MAINTAIN A PUBLIC WEB PAGE .
199		-	(4) Reports. (a) (I) T
200		-	HE CENTER SHALL CONDUCT A STATEWIDE
201		-	END
202		-	-MARKET GAP ANALYSIS AND OPPORTUNITY ASSESSMENT AND SUBMIT
203		-	A FINAL REPORT OF THE ANALYSIS AND ASSESSMENT TO THE DEPARTMENT
204		-	BY
205		-	AUGUST 1, 2024.
206		-	(II) T
207		-	HIS SUBSECTION (4)(a) IS REPEALED, EFFECTIVE JULY 1, 2025.
208		-	(b) (I) B
209		-	EGINNING SEPTEMBER 1, 2023, AND ON OR BEFORE EACH
210		-	SEPTEMBER 1 THEREAFTER, THE CENTER SHALL SUBMIT A REPORT TO THE
211		-	PAGE 5-HOUSE BILL 22-1159 DEPARTMENT DESCRIBING THE PROGRESS OF THE CENTER . THE REPORT MUST
212		-	INCLUDE THE FOLLOWING INFORMATION FROM THE PRECEDING STATE FISCAL
213		-	YEAR
214		-	:
215		-	(A) A
216		-	SUMMARY OF ACTIVITIES COMPLETED BY THE CENTER ;
217		-	(B) T
218		-	HE RESULTS ACHIEVED AND PROGRESS MADE BY THE CENTER
219		-	ON ITS APPROVED WORK PLAN AND PROGRESS IN ACHIEVING ITS OBJECTIVE
220		-	OF COMPLETING CIRCULAR ECONOMIES FOR MATERIALS IN THE STATE
221		-	; AND
222		-	(C) A SUMMARY OF ACTIVITIES AND OPPORTUNITIES THAT THE
223		-	CENTER PLANS TO ADDRESS IN THE FUTURE
224		-	.
225		-	(II) T
226		-	HE DEPARTMENT SHALL INCLUDE THE REPORT DESCRIBED IN
227		-	SUBSECTION
228		-	(4)(b)(I) OF THIS SECTION IN ITS ANNUAL PRESENTATION TO THE
229		-	GENERAL ASSEMBLY PURSUANT TO THE
230		-	"STATE MEASUREMENT FOR
231		-	ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT
232		-	ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
233		-	(5) Costs. T
234		-	HE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE
235		-	DEPARTMENT
236		-	'S OVERSIGHT AND THE ADMINISTRATOR 'S OPERATION OF THE
237		-	CENTER SHALL BE PAID BY MONEY APPROPRIATED TO THE DEPARTMENT
238		-	FROM
239		-	:
240		-	(a) T
241		-	HE FRONT RANGE WASTE DIVERSION CASH FUND , PURSUANT TO
242		-	SECTION
243		-	25-16.5-111 (4)(b)(V); AND
244		-	(b) THE RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND ,
245		-	PURSUANT TO SECTION 25-16.5-106.5 (2)(c).
246		-	(6) Gifts, grants, and donations. T
247		-	HE CENTER MAY SEEK, SOLICIT,
248		-	ACCEPT, AND EXPEND GIFTS, GRANTS, AND DONATIONS FROM PUBLIC AND
249		-	PRIVATE SOURCES FOR THE PURPOSES OF THIS PART
250		-	6.
	278	+	HE RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND ,13
	279	+	PURSUANT TO SECTION 25-16.5-106.5 (2)(c).14
	280	+	(6) Gifts, grants, and donations. THE CENTER MAY SEEK,15
	281	+	SOLICIT, ACCEPT, AND EXPEND GIFTS, GRANTS, AND DONATIONS FROM16
	282	+	PUBLIC AND PRIVATE SOURCES FOR THE PURPOSES OF THIS PART 6.17
251	283		25-17-603. Repeal of part. T
252		-	HIS PART 6 IS REPEALED, EFFECTIVE
253		-	SEPTEMBER 1, 2030. BEFORE THE REPEAL, THE FUNCTIONS OF THE CENTER
254		-	ARE SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION
255		-	24-34-104.
256		-	SECTION 3. In Colorado Revised Statutes, 25-16.5-111, amend
257		-	(3)(c)(V), (4)(b)(III), and (6)(e)(II); repeal (6)(c)(II); and add (3)(c)(VII)
258		-	PAGE 6-HOUSE BILL 22-1159 and (4)(b)(V) as follows:
259		-	25-16.5-111. Front range waste diversion enterprise - legislative
260		-	declaration - fund - goals - grant program - personal property tax
261		-	reimbursements - gifts, grants, or donations - definitions - repeal.
262		-	(3) Enterprise. (c) The enterprise's primary powers and duties are to:
263		-	(V) Adopt, amend, or repeal policies for the regulation of its affairs
264		-	and the conduct of its business consistent with this section, including
265		-	establishing application, review, approval, reporting, and other requirements
266		-	for grants; and
267		-	(VII) IN COORDINATION WITH THE DEPARTMENT , PAY THE DIRECT
268		-	AND INDIRECT COSTS ASSOCIATED WITH THE DEPARTMENT
269		-	'S OVERSIGHT AND
270		-	THE ADMINISTRATOR
271		-	'S OPERATION OF THE CIRCULAR ECONOMY
272		-	DEVELOPMENT CENTER CREATED IN SECTION
273		-	25-17-602.
274		-	(4) Fund. (b) Money in the fund is continuously appropriated to the
275		-	enterprise to:
276		-	(III) Provide technical assistance to eligible entities to promote
277		-	diversion, including through the development and implementation of policy;
278		-	and
279		-	(V) PAY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE
280		-	DEPARTMENT
281		-	'S OVERSIGHT AND THE ADMINISTRATOR 'S OPERATION OF THE
282		-	CIRCULAR ECONOMY DEVELOPMENT CENTER CREATED IN SECTION
283		-	25-17-602.
284		-	(6) Grant program. (c) (II) The policies and procedures specified
285		-	by the board must include the following limitations for grant applicants that
286		-	are either a waste hauler or a landfill owner or operator, which the board
287		-	shall apply only to the portions of an application that relate to infrastructure
288		-	or equipment:
289		-	(A) Only fifty percent of infrastructure or equipment can be funded
290		-	through the grant program;
291		-	(B) If the board awards a grant to a waste hauler or landfill owner
292		-	or operator for infrastructure or equipment, the grantee is ineligible to
293		-	PAGE 7-HOUSE BILL 22-1159 receive a grant for the following five years.
294		-	(e) The board shall:
295		-	(II) Not allocate more than twenty FIFTY percent of the annual fund
296		-	revenue in any single grant award;
297		-	SECTION 4. In Colorado Revised Statutes, 25-16.5-106.5, amend
298		-	(2) as follows:
299		-	25-16.5-106.5. Recycling resources economic opportunity fund
300		-	- creation - repeal. (2) The money generated pursuant to subsection (1) of
301		-	this section shall be IS annually appropriated to the department:
302		-	(a) For the purpose of funding the recycling resources economic
303		-	opportunity activities authorized by section 25-16.5-106.7, as well as any
304		-	administrative costs associated therewith, including the grants authorized
305		-	to be made under section 25-16.5-106.7 (3) and grant program oversight
306		-	authorized by section 25-16.5-105.5 (3); and
307		-	(b) To fund studies pursuant to sections 25-16.5-105 (1)(i),
	284	+	HIS PART 6 IS REPEALED, EFFECTIVE18 SEPTEMBER 1, 2030. BEFORE THE REPEAL, THE FUNCTIONS OF THE CENTER19
	285	+	ARE SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.20
	286	+	SECTION 3. In Colorado Revised Statutes, 25-16.5-111, amend21
	287	+	(3)(c)(V), (4)(b)(III), and (6)(e)(II); repeal (6)(c)(II); and add (3)(c)(VII)22
	288	+	and (4)(b)(V) as follows:23
	289	+	25-16.5-111. Front range waste diversion enterprise -24
	290	+	legislative declaration - fund - goals - grant program - personal25
	291	+	property tax reimbursements - gifts, grants, or donations - definitions26
	292	+	- repeal. (3) Enterprise. (c) The enterprise's primary powers and duties27
	293	+	1159
	294	+	-8- are to:1
	295	+	(V) Adopt, amend, or repeal policies for the regulation of its2
	296	+	affairs and the conduct of its business consistent with this section,3
	297	+	including establishing application, review, approval, reporting, and other4
	298	+	requirements for grants; and5
	299	+	(VII) I
	300	+	N COORDINATION WITH THE DEPARTMENT , PAY THE DIRECT6
	301	+	AND INDIRECT COSTS ASSOCIATED WITH THE DEPARTMENT 'S OVERSIGHT7
	302	+	AND THE ADMINISTRATOR 'S OPERATION OF THE CIRCULAR ECONOMY8
	303	+	DEVELOPMENT CENTER CREATED IN SECTION 25-17-602.9
	304	+	(4) Fund. (b) Money in the fund is continuously appropriated to10
	305	+	the enterprise to:11
	306	+	(III) Provide technical assistance to eligible entities to promote12
	307	+	diversion, including through the development and implementation of13
	308	+	policy; and
	309	+	14
	310	+	(V) P
	311	+	AY THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE15
	312	+	DEPARTMENT'S OVERSIGHT AND THE ADMINISTRATOR'S OPERATION OF THE16
	313	+	CIRCULAR ECONOMY DEVELOPMENT CENTER CREATED IN SECTION17
	314	+	25-17-602.18
	315	+	(6) Grant program. (c) (II) The policies and procedures
	316	+	19
	317	+	specified by the board must include the following limitations for grant20
	318	+	applicants that are either a waste hauler or a landfill owner or operator,21
	319	+	which the board shall apply only to the portions of an application that22
	320	+	relate to infrastructure or equipment:23
	321	+	(A) Only fifty percent of infrastructure or equipment can be24
	322	+	funded through the grant program;25
	323	+	(B) If the board awards a grant to a waste hauler or landfill owner26
	324	+	or operator for infrastructure or equipment, the grantee is ineligible to27
	325	+	1159
	326	+	-9- receive a grant for the following five years.1
	327	+	(e) The board shall:2
	328	+	(II) Not allocate more than twenty FIFTY percent of the annual3
	329	+	fund revenue in any single grant award;4
	330	+	5
	331	+	SECTION 4. In Colorado Revised Statutes, 25-16.5-106.5,6
	332	+	amend (2) as follows:7
	333	+	25-16.5-106.5. Recycling resources economic opportunity fund8
	334	+	- creation - repeal. (2) The money generated pursuant to subsection (1)9
	335	+	of this section shall be IS annually appropriated to the department:10
	336	+	(a) For the purpose of funding the recycling resources economic11
	337	+	opportunity activities authorized by section 25-16.5-106.7, as well as any12
	338	+	administrative costs associated therewith, including the grants authorized13
	339	+	to be made under section 25-16.5-106.7 (3) and grant program oversight14
	340	+	authorized by section 25-16.5-105.5 (3); and15
	341	+	(b) To fund studies pursuant to sections 25-16.5-105 (1)(i),16
308	342		25-16.5-112 (2), and 25-16.5-113
309		-	AND to make reimbursements pursuant to
310		-	section 25-16.5-106.7 (6.5); and to finance the statewide campaigndescribed in section 25-17-108.
311		-	(c) TO PAY UP TO FORTY PERCENT OF THE DIRECT AND INDIRECT
312		-	COSTS ASSOCIATED WITH THE DEPARTMENT
313		-	'S OVERSIGHT AND THE
314		-	ADMINISTRATOR
315		-	'S OPERATION OF THE CIRCULAR ECONOMY DEVELOPMENT
316		-	CENTER CREATED IN SECTION
317		-	25-17-602.
318		-	SECTION 5. In Colorado Revised Statutes, 25-16-104.5, repeal
319		-	(3.9)(c)(VII) and (6); and add (3.9)(d) as follows:
320		-	25-16-104.5. Solid waste user fee - imposed - rate - legislative
321		-	declaration - repeal. (3.9) (c) (VII) This subsection (3.9)(c) is repealed,
322		-	effective September 1, 2029.
323		-	(d) THIS SUBSECTION (3.9) IS REPEALED, EFFECTIVE SEPTEMBER 1,
324		-	2030.
325		-	PAGE 8-HOUSE BILL 22-1159 (6) This section is repealed, effective July 1, 2026.
326		-	SECTION 6. In Colorado Revised Statutes, 24-34-104, add
327		-	(31)(a)(VII) as follows:
328		-	24-34-104. General assembly review of regulatory agencies and
329		-	functions for repeal, continuation, or reestablishment - legislative
330		-	declaration - repeal. (31) (a) The following agencies, functions, or both,
331		-	are scheduled for repeal on September 1, 2030:
332		-	(VII) T
333		-	HE FUNCTIONS OF THE CIRCULAR ECONOMY DEVELOPMENT
334		-	CENTER CREATED IN SECTION
335		-	25-17-602.
336		-	SECTION 7. Act subject to petition - effective date. This act
337		-	takes effect at 12:01 a.m. on the day following the expiration of the
338		-	ninety-day period after final adjournment of the general assembly; except
339		-	that, if a referendum petition is filed pursuant to section 1 (3) of article V
340		-	of the state constitution against this act or an item, section, or part of this act
341		-	within such period, then the act, item, section, or part will not take effect
342		-	unless approved by the people at the general election to be held in
343		-	PAGE 9-HOUSE BILL 22-1159 November 2022 and, in such case, will take effect on the date of the official
344		-	declaration of the vote thereon by the governor.
345		-	____________________________ ____________________________
346		-	Alec Garnett Steve Fenberg
347		-	SPEAKER OF THE HOUSE PRESIDENT OF
348		-	OF REPRESENTATIVES THE SENATE
349		-	____________________________ ____________________________
350		-	Robin Jones Cindi L. Markwell
351		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
352		-	OF REPRESENTATIVES THE SENATE
353		-	APPROVED________________________________________
354		-	(Date and Time)
355		-	_________________________________________
356		-	Jared S. Polis
357		-	GOVERNOR OF THE STATE OF COLORADO
358		-	PAGE 10-HOUSE BILL 22-1159
	343	+	AND to make reimbursements pursuant17
	344	+	to section 25-16.5-106.7 (6.5); and to finance the statewide campaign
	345	+	18
	346	+	described in section 25-17-108.19
	347	+	(c) T
	348	+	O PAY
	349	+	UP TO FORTY PERCENT OF THE DIRECT AND INDIRECT20
	350	+	COSTS ASSOCIATED WITH THE DEPARTMENT 'S OVERSIGHT AND THE21
	351	+	ADMINISTRATOR'S OPERATION OF THE CIRCULAR ECONOMY DEVELOPMENT22
	352	+	CENTER CREATED IN SECTION 25-17-602.23
	353	+	SECTION 5. In Colorado Revised Statutes, 25-16-104.5,24
	354	+	repeal (3.9)(c)(VII) and (6); and add (3.9)(d) as follows:25
	355	+	25-16-104.5. Solid waste user fee - imposed - rate - legislative26
	356	+	declaration - repeal. (3.9) (c) (VII) This subsection (3.9)(c) is repealed,27
	357	+	1159
	358	+	-10- effective September 1, 2029.1
	359	+	(d) THIS SUBSECTION (3.9) IS REPEALED, EFFECTIVE SEPTEMBER 1,2
	360	+	2030.3
	361	+	(6) This section is repealed, effective July 1, 2026.4
	362	+	SECTION 6. In Colorado Revised Statutes, 24-34-104, add5
	363	+	(31)(a)(VII) as follows:6
	364	+	24-34-104. General assembly review of regulatory agencies7
	365	+	and functions for repeal, continuation, or reestablishment - legislative8
	366	+	declaration - repeal. (31) (a) The following agencies, functions, or both,9
	367	+	are scheduled for repeal on September 1, 2030:10
	368	+	(VII) THE FUNCTIONS OF THE CIRCULAR ECONOMY DEVELOPMENT11
	369	+	CENTER CREATED IN SECTION 25-17-602.12
	370	+	SECTION 7. Act subject to petition - effective date. This act13
	371	+	takes effect at 12:01 a.m. on the day following the expiration of the14
	372	+	ninety-day period after final adjournment of the general assembly; except15
	373	+	that, if a referendum petition is filed pursuant to section 1 (3) of article V16
	374	+	of the state constitution against this act or an item, section, or part of this17
	375	+	act within such period, then the act, item, section, or part will not take18
	376	+	effect unless approved by the people at the general election to be held in19
	377	+	November 2022 and, in such case, will take effect on the date of the20
	378	+	official declaration of the vote thereon by the governor.21
	379	+	1159
	380	+	-11-