First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0839.01 Josh Schultz x5486
SENATE BILL 23-191
Senate Committees House Committees
Agriculture & Natural Resources State, Civic, Military, & Veterans Affairs
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING A STUDY REGARDING DIVERSION OF ORGANIC MATERIALS101
FROM LANDFILLS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires the department of public health and environment
(department) to study the impacts, benefits, and feasibility of requiring
diversion of organic materials from landfills. The organics diversion
study (study) must:
! Incorporate and utilize data contained in the statewide
organics management plan and other existing Colorado
HOUSE
2nd Reading Unamended
May 1, 2023
SENATE
3rd Reading Unamended
April 12, 2023
SENATE
Amended 2nd Reading
April 11, 2023
SENATE SPONSORSHIP
Cutter, Buckner, Coleman, Exum, Fenberg, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis,
Marchman, Moreno, Priola, Roberts, Rodriguez, Sullivan, Winter F.
HOUSE SPONSORSHIP
Joseph and Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. studies and research from other states;
! Explore how to leverage existing organics diversion pilot
projects in Colorado to inform implementation of broader
organics diversion projects across the state;
! Evaluate the environmental benefits of diversion of organic
materials from landfills;
! Review and identify the infrastructure needed to enable
diversion of organic materials from landfills and create a
plan for infrastructure development;
! Create actionable parameters for local governments to use
to determine if, where, and what types of organics
processing infrastructure is needed and basic toolkits to
help local governments build the infrastructure;
! Create a timeline to effectively and equitably phase in
required diversion of organic materials from landfills by
region using the 4 regions of the state as identified in the
state organics management plan;
! Outline and recommend policies and regulations that would
enable diversion of organic materials from landfills;
! Assess informational resources necessary to enable
diversion of organic materials from landfills; and
! Identify opportunities for end-market development of
organic materials diverted from landfills.
On or before August 1, 2024, the department is required to submit
a report of the study's research and findings to specified committees of
reference in the senate and the house of representatives.
The bill authorizes the use of money in the front range waste
diversion cash fund and the recycling resources economic opportunity
fund to pay for costs associated with conducting the study.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Thirty-seven percent of the material that is landfilled in4
Colorado is organic material, including yard trimmings and food scraps,5
that could have been diverted from landfills through food donation,6
composting, or mulching. These diversion practices reduce greenhouse7
gas emissions, support resilient local economies, create green jobs, and,8
191-2- in the case of compost, build healthy soils, conserve water, and create1
more productive agricultural lands.2
3
(b) The statewide organics management plan (plan) commissioned4
by the department of public health and environment (department) found5
that the "untapped demand for finished compost is potentially five times6
greater than the amount of compost being produced today." The plan also7
found that "[E]conomics, awareness, and lack of existing infrastructure8
are the greatest barriers to increased organics recovery in Colorado."9
Additionally, the plan stated that "[T]he [department] should work to gain10
interagency cooperation to implement strategies that lead to development11
of organics infrastructure and end-market use of compost." These12
findings underscore the timely need and opportunity to increase13
investment to divert more organic materials out of landfills and back into14
the circular economy. The plan highlighted the need for the construction15
and operation of more compost processing facilities to realize the16
potential cost savings, job creation, and agricultural and environmental17
benefits of diverting organic materials.18
19
(2) The general assembly further declares that the department20
should conduct a study that:21
(a) Evaluates policies intended to divert organic materials from22
landfills and into beneficial usages;23
24
(b) Creates actionable parameters for determining if, where, and25
what types of infrastructure are needed and provides a proposed timeline26
and basic toolkit for infrastructure development for each region of the27
191
-3- state;1
(c) Generates a summary report outlining the options for future2
policies to increase organics diversion;3
(d) Recommends policies that will incentivize and support the use4
of compost certified by the United States composting council's seal of5
testing assurance program; and6
(e) Is completed by August 1, 2024, so that further legislation can7
be implemented to realize the benefits of increased organics diversion8
across the state beginning in 2025.9
SECTION 2. In Colorado Revised Statutes, add part 8 to article10
17 of title 25 as follows:11
PART 812
ORGANICS DIVERSION13
25-17-801. Definitions. A
S USED IN THIS PART 8, UNLESS THE14
CONTEXT OTHERWISE REQUIRES :15
(1) "C
OLORADO REGION" MEANS EACH OF THE FOUR GEOGRAPHIC16
REGIONS IDENTIFIED IN THE SOMP, WHICH ARE THE WESTERN SLOPE ,17
MOUNTAINS, FRONT RANGE, AND EASTERN PLAINS.18
(2) "C
OMMISSION" MEANS THE SOLID AND HAZARDOUS WASTE19
COMMISSION CREATED IN THE DEPARTMENT IN SECTION 25-15-302.20
(3) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH21
AND ENVIRONMENT CREATED IN SECTION 25-1-102.22
(4) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY23
CITY, COUNTY, OR CITY AND COUNTY OR A SPECIAL DISTRICT FORMED24
UNDER TITLE 32.25
(5) "O
RGANIC MATERIALS" OR "ORGANICS" MEANS ANY SOLID26
WASTE THAT IS A BIOLOGICAL SUBSTANCE OF PLANT OR ANIMAL ORIGIN ,27
191
-4- INCLUDING FOOD SCRAPS AND YARD TRIMMINGS , THAT CAN BE BROKEN1
DOWN THROUGH BIOLOGICAL PROCESSES .2
(6) "SOMP"
MEANS THE STATEWIDE ORGANICS MANAGEMENT3
PLAN COMMISSIONED BY THE DEPARTMENT AND DATED AUGUST 29, 2022.4
(7) "S
TUDY" MEANS THE ORGANICS DIVERSION STUDY REQUIRED5
BY SECTION 25-17-802.6
25-17-802. Organics diversion study - report - funding.7
(1) T
HE DEPARTMENT SHALL CONDUCT OR CAUSE TO BE CONDUCTED A8
STUDY THAT EXPLORES WHAT LOCAL GOVERNMENTS , OTHER STATE9
AGENCIES, AND OTHER STATES ARE DOING TO FACILITATE THE DIVERSION10
OF ORGANIC MATERIALS FROM LANDFILLS AND CREATES POLICY AND11
LEGISLATIVE RECOMMENDATIONS , INCLUDING
THE FEASIBILITY OF12
REQUIRING DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS IN13
C
OLORADO.14
(2) T
HE DEPARTMENT AND ANY THIRD PARTY CONDUCTING THE15
STUDY PURSUANT TO SUBSECTION (5) OF THIS SECTION SHALL ENGAGE16
WITH AND SEEK INPUT FROM STAKEHOLDERS THAT HAVE EXPERTISE AND
17
INTEREST IN ORGANICS DIVERSION.18
19
(3) T
HE STUDY MUST, AT A MINIMUM:20
(a) I
NCORPORATE AND UTILIZE DATA CONTAINED IN THE SOMP,21
OTHER EXISTING COLORADO STUDIES, AND RESEARCH FROM OTHER22
STATES;23
(b) R
EVIEW AND IDENTIFY HOW TO LEVERAGE EXISTING ORGANICS24
DIVERSION
PROJECTS IN COLORADO TO INFORM IMPLEMENTATION OF25
BROADER ORGANICS DIVERSION PROJECTS THROUGHOUT COLORADO;26
(c) C
ONSIDER THE COSTS, FEASIBILITY, AND BENEFITS OF27
191
-5- DIVERSION POLICIES FOR BOTH YARD TRIMMINGS AND FOOD SCRAPS . THE1
REPORT MAY EVALUATE THE FEASIBILITY AND BENEFITS OF POLICIES2
AIMED AT INCREASING DIVERSION OF YARD TRIMMINGS INDIVIDUALLY AND3
FOOD SCRAPS INDIVIDUALLY OR EVALUATE BOTH COMBINED .4
(d) R
EGARDING THE BENEFITS OF DIVERSION OF ORGANIC5
MATERIALS FROM LANDFILLS:6
(I) E
VALUATE THE POTENTIAL TO EXTEND THE LIFE OF LANDFILLS7
BY REDUCING THE AMOUNT OF ORGANIC MATERIALS LANDFILLED ;8
(II) E
VALUATE THE GREENHOUSE GAS EMISSION AVOIDANCE OF9
DIVERTING ORGANIC MATERIALS FROM LANDFILLS ; AND10
(III) E
VALUATE THE WATER SAVINGS POTENTIAL OF APPLYING11
FINISHED COMPOST TO COLORADO SOILS;12
(e) R
EGARDING THE INFRASTRUCTURE NEEDED TO ENABLE13
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS :14
(I) C
REATE ACTIONABLE PARAMETERS TO CONSIDER IF AND WHAT15
TYPE OF FACILITIES ARE NEEDED TO PROCESS ORGANIC MATERIALS AND16
WHERE THE FACILITIES SHOULD BE LOCATED . PARAMETERS MAY INCLUDE17
POPULATION DENSITY, MATERIAL TYPE AND VOLUME GENERATION ,18
DISTANCE TO EXISTING INFRASTRUCTURE , ACCESS TO TRANSPORTATION19
INFRASTRUCTURE, AND POTENTIAL FOR COLOCATING WITH ANOTHER20
FACILITY, INCLUDING A LANDFILL, TRANSFER STATION, OR RECYCLING
21
FACILITY.22
(II) P
ROVIDE A PLAN FOR HOW INFRASTRUCTURE MAY BE FUNDED23
AND CREATE A TIMELINE FOR INFRASTRUCTURE DEVELOPMENT . THE PLAN24
MUST INCLUDE BEST PRACTICES FROM OTHER STATES THAT HAVE25
INCENTIVIZED OR FACILITATED DEVELOPMENT OF ORGANICS PROCESSING26
INFRASTRUCTURE.27
191
-6- (III) DETERMINE THE BEST METHODS FOR COLLECTING ORGANIC1
MATERIALS BASED ON THE MATERIALS , GENERATORS, POPULATION2
DENSITY, AND TYPES OF COLLECTION FACILITIES AND VEHICLES ;3
(IV) D
ETERMINE THE SORTING INFRASTRUCTURE , POLICIES, OR4
OTHER MECHANISMS REQUIRED TO REDUCE CONTAMINATION AND SORT5
OUT REMAINING CONTAMINANTS ;6
(V) (A) C
OMPARE THE DISTANCES REQUIRED TO TRANSPORT7
ORGANIC MATERIALS TO LANDFILLS BY COLORADO REGION VERSUS8
CURRENT AND POTENTIAL DISTANCES REQUIRED TO TRANSPORT ORGANIC9
MATERIALS TO PERMITTED COMPOSTING OPERATIONS ; AND10
(B) U
TILIZE THE INFORMATION GATHERED REGARDING THE11
DISTANCES TO DEVELOP RECOMMENDATIONS TO MINIMIZE EMISSIONS AND12
TRANSPORTATION COSTS;
13
(VI) E
VALUATE THE BENEFITS OF INCREASING ORGANICS14
PROCESSING CAPACITY AND THE FUNDING , INFRASTRUCTURE, AND15
REGULATORY CHANGES NEEDED TO BUILD OUT NECESSARY16
INFRASTRUCTURE WITHIN EACH COLORADO REGION; AND
17
18
(VII) D
ETERMINE HOW
TO BEST SERVE AREAS WITH LOW19
POPULATION DENSITY AND THOSE AT HIGH ALTITUDES . THE STUDY20
SHOULD EXAMINE DIFFERENT TYPES OF COMPOSTING INFRASTRUCTURE ,21
INCLUDING IN-VESSEL COMPOSTING AND ANAEROBIC DIGESTION .22
23
(f) REGARDING POLICIES AND REGULATIONS TO ENABLE DIVERSION24
OF ORGANIC MATERIALS FROM LANDFILLS :25
(I) W
HERE APPROPRIATE TO SUPPORT DIVERSION OF ORGANIC26
MATERIALS FROM LANDFILLS, RECOMMEND UPDATES OR AMENDMENTS TO27
191
-7- EXISTING STATE REGULATIONS TO BEST ACCOMMODATE , IMPLEMENT,1
MONITOR, AND ENFORCE ANY PROPOSED ORGANICS DIVERSION POLICIES ;2
(II) R
ECOMMEND DIVERSION GOALS BY COLORADO REGION TO THE3
COMMISSION AND, IF NEEDED, UPDATES TO GOALS IDENTIFIED IN THE4
COMMISSION'S INTEGRATED SOLID WASTE AND MATERIALS MANAGEMENT5
PLAN; AND6
(III) R
EVIEW AND IDENTIFY HOW OTHER STATES MONITOR AND7
ENFORCE DIVERSION POLICIES
AT LOCAL AND STATE LEVELS;8
(g) REGARDING EDUCATION AND LOCAL SUPPORT TO ENABLE9
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS :10
(I) D
ETERMINE THE INFORMATIONAL RESOURCES THE DEPARTMENT11
AND OTHER STATE AGENCIES SHOULD DEVELOP FOR LOCAL GOVERNMENTS12
TO USE TO FACILITATE DEVELOPMENT OF ORGANICS PROCESSING13
FACILITIES NEEDED FOR DIVERTING YARD TRIMMINGS AND OTHER ORGANIC14
MATERIALS. INFORMATIONAL RESOURCES MAY INCLUDE MODEL15
ORDINANCES, SAMPLE SITING GUIDELINES, RESOURCES FOR FUNDING ,16
EDUCATIONAL MATERIALS , RESOURCES ON FOOD DONATIONS , AND AN17
ACCESSIBLE MAP OF WHERE ORGANICS PROCESSING FACILITIES ARE18
LOCATED IN COLORADO.19
(II) D
ETERMINE THE EDUCATION NEEDED TO ENSURE RESIDENTS20
AND BUSINESSES UNDERSTAND THE VALUE AND OPERATIONS OF OR GANICS21
DIVERSION PROGRAMS; AND22
(III) R
EVIEW AND IDENTIFY HOW OTHER STATES HAVE EDUCATED23
MUNICIPALITIES, BUSINESSES, AND RESIDENTS ABOUT ORGANICS24
DIVERSION;
25
(h) REGARDING END-MARKET DEVELOPMENT OF ORGANIC26
MATERIALS DIVERTED FROM LANDFILLS :27
191
-8- (I) EVALUATE HOW TO COMBINE THE GOAL OF DIVERTING ORGANIC1
MATERIALS FROM LANDFILLS WITH CREATING RESOURCES FOR2
END-MARKET DEVELOPMENT , INCLUDING FOR PRODUCTION OF COMPOST ,3
MULCH, AND BIOCHAR;4
(II) R
EVIEW AND IDENTIFY INTERDEPARTMENTAL OPPORTUNITIES5
FOR PARTNERSHIPS IN DEVELOPING USAGE REQUIREMENTS FOR STATE
6
AGENCIES FOR DIVERTED ORGANIC MATERIAL END PRODUCTS , INCLUDING7
PUBLIC WORKS PROJECTS, EROSION CONTROL, WILDFIRE MITIGATION AND8
POST-FIRE REHABILITATION, AGRICULTURAL APPLICATION OF COMPOST ,9
AND MINE OR OTHER RECLAMATION PROJECTS ; 10
(III) R
EVIEW AND IDENTIFY HOW OTHER STATES HAVE DEVELOPED11
END MARKETS FOR ORGANIC MATERIAL USAGE AND INCENTIVIZED END12
USAGE;13
14
(IV) REVIEW AND IDENTIFY THE BENEFITS OF DIVERTING15
MATERIALS FROM LANDFILLS, INCLUDING USING ORGANIC RESIDUALS TO16
MAKE COMPOST AND OTHER PRODUCTS IN ORDER TO BUILD SOIL THAT17
PROVIDES THE ECOSYSTEM SERVICES OF SEQUESTERING CARBON ,18
REDUCING WATER NEEDS, AND PROVIDING RESILIENCE; AND19
(V) DETERMINE WHETHER THERE IS A SIGNIFICANT VOLUME OF20
COMPOST, BIOCHAR, AND MULCH SOLD IN COLORADO THAT IS PRODUCED21
OUT OF STATE; 22
(i) REGARDING THE IMPACTS SPECIFIC TO COLORADO OF23
DIVERTING MATERIALS FROM LANDFILLS :24
(I) R
EVIEW AND IDENTIFY BEST PRACTICES IN COMPOSTING LARGE25
QUANTITIES OF WOODY MATERIALS IN AN ARID CLIMATE AND AT HIGH26
ALTITUDES, INCLUDING RESEARCHING TECHNIQUES SUCH AS BIOCHAR27
191
-9- PRODUCTION AND UTILIZATION , MYCELIUM INOCULATION , AND OTHER1
ACCELERATED COMPOSTING METHODS THAT CAN HELP BREAK DOWN2
ORGANIC MATERIALS OUTSIDE THE CONFINES OF INDUSTRIAL COMPOST3
FACILITIES AS OFTEN OCCURS IN RURAL AREAS;4
(II) R
EVIEW AND IDENTIFY HOW TO ADDRESS THE POTENTIAL5
OVERSTOCK OF ORGANIC MATERIALS AWAITING PROCESSING ; AND
6
(III) R
EVIEW AND IDENTIFY BEST PRACTICES FOR DIVERTING7
ORGANIC MATERIALS IN COMMUNITIES WITH TOURISM -BASED ECONOMIES8
THAT EXPERIENCE LARGE INFLUXES OF VISITOR-GENERATED FOOD SCRAPS9
DURING SPECIFIC PERIODS THROUGHOUT THE YEAR ; AND10
11
(j) REGARDING FUNDING SOURCES TO ENABLE DIVERSION OF12
ORGANIC MATERIALS FROM LANDFILLS :13
(I) R
EVIEW AND IDENTIFY POTENTIAL FUNDING SOURCES TO14
SUPPORT DEVELOPMENT OF COLLECTION , CONTAMINATION REDUCTION ,15
AND PROCESSING INFRASTRUCTURE . POTENTIAL FUNDING SOURCES MAY16
INCLUDE EXISTING STATE FUNDS, INCLUDING THE FRONT RANGE WASTE17
DIVERSION CASH FUND CREATED IN SECTION 25-16.5-111 (4), THE18
RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND CREATED IN19
SECTION 25-16.5-106.5, AND THE COLORADO ECONOMIC DEVELOPMENT20
FUND CREATED IN SECTION 24-46-105; GRANTS FROM OTHER STATE21
AGENCIES, INCLUDING THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN22
SECTION 24-1-125; FEDERAL FUNDS ; AND GENERATOR - OR23
PRODUCER-FUNDED PROGRAMS.24
(II) R
EVIEW AND IDENTIFY POTENTIAL FUNDING SOURCES OR FEES25
THAT CAN BE INCREASED OR IMPROVED TO ENCOURAGE OR ENABLE26
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS AND PROVIDE27
191
-10- INCREASED RESOURCES NEEDED FOR INFRASTRUCTURE AND PROGRAM1
DEVELOPMENT IN ALL COLORADO REGIONS, INCLUDING IN RURAL AND2
UNDERSERVED COMMUNITIES ; AND3
(III) R
EVIEW AND IDENTIFY PROGRAMS IN OTHER STATE AGENCIES4
THAT OVERLAP WITH DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS ,5
INCLUDING PUBLIC WORKS PROJECTS , EROSION CONTROL, WILDFIRE6
MITIGATION AND POST -FIRE REHABILITATION , AGRICULTURAL7
APPLICATION OF COMPOST, AND MINE OR OTHER RECLAMATION PROJECTS .8
(4) O
N OR BEFORE AUGUST 1, 2024, THE DEPARTMENT SHALL9
SUBMIT A REPORT TO THE AGRICULTURE AND NATURAL RESOURCES10
COMMITTEE AND THE TRANSPORTATION AND ENERGY COMMITTEE OF THE11
SENATE AND THE AGRICULTURE , WATER, AND NATURAL RESOURCES12
COMMITTEE AND THE ENERGY AND ENVIRONMENT COMMITTEE OF THE13
HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES . THE14
REPORT MUST INCLUDE THE STUDY 'S RESEARCH, FINDINGS, AND15
RECOMMENDATIONS , IN ACCORDANCE WITH SUBSECTION (3) OF THIS16
SECTION.17
(5) (a) T
HE DEPARTMENT MAY CONTRACT A THIRD PARTY TO18
CONDUCT PART OR ALL OF THE STUDY .19
(b) T
HE DEPARTMENT MAY COMBINE FUNDING WITH OTHER STATE20
AGENCIES TO HIRE A THIRD PARTY TO CONDUCT THE STUDY .21
25-17-803. Repeal of part. T
HIS PART 8 IS REPEALED, EFFECTIVE22
J
ULY 1, 2025.23
SECTION 3. In Colorado Revised Statutes, 25-16.5-106.5,24
amend (2)(b) as follows:25
25-16.5-106.5. Recycling resources economic opportunity fund26
- creation - repeal. (2) The money generated pursuant to subsection (1)27
191
-11- of this section is annually appropriated to the department:1
(b) To fund studies pursuant to sections 25-16.5-105 (1)(i),2
25-16.5-112 (2), and 25-16.5-113, AND 25-17-802, and to make3
reimbursements pursuant to section 25-16.5-106.7 (6.5); and4
SECTION 4. In Colorado Revised Statutes, 25-16.5-111, amend5
(3)(a); and add (3)(c)(VIII) and (4)(b)(VI) as follows:6
25-16.5-111. Front range waste diversion enterprise -7
legislative declaration - fund - goals - grant program - personal8
property tax reimbursements - gifts, grants, or donations - definitions9
- repeal. (3) Enterprise. (a) There is hereby created in the department10
the front range waste diversion enterprise. The enterprise is and operates11
as a government-owned business within the department for the purpose12
of collecting the fee charged to waste generators and using the fee to13
provide grants and technical assistance
AND PAY FOR STUDIES to promote14
waste diversion. The enterprise is a type 1 entity, as defined in section15
24-1-105, and exercises its powers and performs its duties and functions16
under the department.17
(c) The enterprise's primary powers and duties are to:18
(VIII) (A) I
N COORDINATION WITH THE DEPARTMENT , PAY THE19
COSTS ASSOCIATED WITH CONDUCTING THE ORGANICS DIVERSION STUDY20
REQUIRED BY SECTION 25-17-802.21
(B) T
HIS SUBSECTION (3)(c)(VIII) IS REPEALED, EFFECTIVE JULY22
1,
2025.23
(4) Fund. (b) Money in the fund is continuously appropriated to24
the enterprise to:25
(VI) (A) P
AY THE COSTS ASSOCIATED WITH CONDUCTING THE26
ORGANICS DIVERSION STUDY REQUIRED BY SECTION 25-17-802.27
191
-12- (B) THIS SUBSECTION (4)(b)(VI) IS REPEALED, EFFECTIVE JULY 1,1
2025.2
SECTION 5. Safety clause. The general assembly hereby finds,3
determines, and declares that this act is necessary for the immediate4
preservation of the public peace, health, or safety.5
191
-13-