First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0839.01 Josh Schultz x5486
SENATE BILL 23-191
Senate Committees House Committees
Agriculture & Natural Resources
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
SENATE SPONSORSHIP
Cutter,
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
SB23-191-2- in the case of compost, build healthy soils, conserve water, and create1
more productive agricultural lands.2
(b) For decades, many states have had diversion requirements for3
organic materials, including yard trimmings and food waste, from4
landfills in order to prolong the lifespans of landfills, to reduce food5
waste, and to divert materials to better effectuate end-of-life management6
activities like recycling and composting. Many states that have landfill7
diversion requirements for organic materials have complementary policies8
requiring food scrap diversion from large food scrap generators.9
(c) The statewide organics management plan (plan) commissioned10
by the department of public health and environment (department) found11
that the "untapped demand for finished compost is potentially five times12
greater than the amount of compost being produced today." The plan also13
found that "[E]conomics, awareness, and lack of existing infrastructure14
are the greatest barriers to increased organics recovery in Colorado."15
Additionally, the plan stated that "[T]he [department] should work to gain16
interagency cooperation to implement strategies that lead to development17
of organics infrastructure and end-market use of compost." These18
findings underscore the timely need and opportunity to increase19
investment to divert more organic materials out of landfills and back into20
the circular economy. The plan highlighted the need for the construction21
and operation of more compost processing facilities to realize the22
potential cost savings, job creation, and agricultural and environmental23
benefits of diverting organic materials.24
(d) (I) The plan recommended that the state pursue a landfill25
diversion requirement for yard trimmings. However, it also noted the lack26
of current processing capacity to responsibly manage those diverted27
SB23-191
-3- materials.1
(II) Yard trimmings make up 11% of the material being landfilled2
in Colorado (more than the national average of 8%). In 2021, Coloradans3
landfilled over 625,000 tons of yard trimmings while only diverting4
around 130,000 tons from landfills.5
(III) Yard trimmings, including landscaping debris, are generally6
contamination-free material and can make the highest quality finished7
mulch and compost.8
(IV) Diverting organic material to create compost creates up to9
four times more jobs than landfilling those same materials.10
(V) Facilities that process yard trimmings, agricultural green11
waste, and landscaping debris are the easiest type of organics processing12
facilities to finance and permit and are good first steps toward building13
facilities with the capacity to take food scraps.14
(VI) Applying finished compost to soil improves the soil nutrient15
content, conserves water, and sequesters carbon from the atmosphere.16
(VII) Requiring diversion of yard trimmings from landfills would:17
(A) Create an incentive for local jurisdictions and private entities18
to add new yard trimming recycling infrastructure;19
(B) Reduce the production of landfill-based methane, a20
greenhouse gas that is 84 times more potent than carbon dioxide, in the21
near term;22
(C) Prolong the useful lives of landfills by reducing the amount23
of divertable materials landfilled each year, thereby saving taxpayer24
dollars for the creation of new or expanded landfills; and25
(D) Allow for local organics systems developed at local facilities26
to create jobs and valuable soil amendments, including compost and27
SB23-191
-4- mulch, and reduce the importation of compost and mulch from other1
states and countries to meet agricultural and public needs.2
(e) (I) The plan includes a recommendation that the state pursue3
mandatory organics recycling for food scraps as a landfill diversion4
strategy.5
(II) Food scraps make up 18% of the material being landfilled in6
Colorado. In 2021, Coloradans landfilled over 1,000,000 tons of food7
scraps while only diverting about 200,000 tons from landfills.8
(III) One in 10 Coloradans is food insecure. A quarter of young9
adults in rural areas (25.4%) and a fifth of Black Coloradans (22.2%)10
experienced food insecurity in 2019. People with lower incomes,11
Hispanic and Latinx Coloradans, and women were also disproportionately12
food insecure.13
(IV) Most states requiring food scraps diversion or organics14
recycling recommend reduction and diversion methods by:15
(A) Preferably, reducing food waste by donating edible food to16
local food rescue organizations; or17
(B) Diverting nonhuman, edible food for use as animal feed or for18
compost or anaerobic digestion.19
(V) Most states implementing required food scrap recycling20
programs begin with a phase in plan, generally starting with large21
generators of food scraps, such as organizations creating 52 tons or more22
of discarded organic materials per year.23
(VI) Requiring large food scrap generators to reduce food waste24
by donating food and diverting nonhuman edible food to animal feed or25
to compost facilities would:26
(A) Provide needed food to food rescue organizations and food27
SB23-191
-5- banks around the state;1
(B) Reduce methane gas produced from anaerobic breakdown of2
organic materials in landfills;3
(C) Prolong the lives of landfills by reducing the amount of4
divertable materials landfilled each year; and5
(D) Support the development of local organics systems that would6
create valuable soil amendments through local facilities and local jobs,7
thus reducing the amount of amendments imported from other states and8
countries to meet agricultural and public use needs.9
(2) The general assembly further declares that the department10
should conduct a study that:11
(a) Evaluates policies intended to divert organic materials from12
landfills and into beneficial usages such as:13
(I) Preferably, reducing food waste by donating edible food to14
local food rescue organizations; and15
(II) Diverting nonhuman edible food for use as animal feed or for16
the creation of compost or anaerobic digestion;17
(b) Creates actionable parameters for determining if, where, and18
what types of infrastructure are needed and provides a proposed timeline19
and basic toolkit for infrastructure development for each region of the20
state;21
(c) Generates a summary report outlining the options for22
implementing diversion requirements based on information gathered from23
other states with similar requirements, identifying which of the outlined24
options are preferred by the stakeholders, and summarizing how best to25
implement the outlined options;26
(d) Recommends policies that will incentivize and support the use27
SB23-191
-6- of compost certified by the United States composting council's seal of1
testing assurance program; and2
(e) Is completed by August 1, 2024, so that further legislation can3
be implemented to realize the benefits of increased organics diversion4
across the state beginning in 2025.5
SECTION 2. In Colorado Revised Statutes, add part 8 to article6
17 of title 25 as follows:7
PART 88
ORGANICS DIVERSION9
25-17-801. Definitions. A
S USED IN THIS PART 8, UNLESS THE10
CONTEXT OTHERWISE REQUIRES :11
(1) "C
OLORADO REGION" MEANS EACH OF THE FOUR GEOGRAPHIC12
REGIONS IDENTIFIED IN THE SOMP, WHICH ARE THE WESTERN SLOPE ,13
MOUNTAINS, FRONT RANGE, AND EASTERN PLAINS.14
(2) "C
OMMISSION" MEANS THE SOLID AND HAZARDOUS WASTE15
COMMISSION CREATED IN THE DEPARTMENT IN SECTION 25-15-302.16
(3) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH17
AND ENVIRONMENT CREATED IN SECTION 25-1-102.18
(4) "L
OCAL GOVERNMENT" MEANS A HOME RULE OR STATUTORY19
CITY, COUNTY, OR CITY AND COUNTY OR A SPECIAL DISTRICT FORMED20
UNDER TITLE 32.21
(5) "O
RGANIC MATERIALS" OR "ORGANICS" MEANS ANY SOLID22
WASTE THAT IS A BIOLOGICAL SUBSTANCE OF PLANT OR ANIMAL ORIGIN ,23
INCLUDING FOOD SCRAPS AND YARD TRIMMINGS , THAT CAN BE BROKEN24
DOWN THROUGH BIOLOGICAL PROCESSES .25
(6) "SOMP"
MEANS THE STATEWIDE ORGANICS MANAGEMENT26
PLAN COMMISSIONED BY THE DEPARTMENT AND DATED AUGUST 29, 2022.27
SB23-191
-7- (7) "STUDY" MEANS THE ORGANICS DIVERSION STUDY REQUIRED1
BY SECTION 25-17-802.2
25-17-802. Organics diversion study - report - funding.3
(1) T
HE DEPARTMENT SHALL CONDUCT OR CAUSE TO BE CONDUCTED A4
STUDY THAT EXPLORES WHAT LOCAL GOVERNMENTS , OTHER STATE5
AGENCIES, AND OTHER STATES ARE DOING TO FACILITATE THE DIVERSION6
OF ORGANIC MATERIALS FROM L ANDFILLS AND CREATES POLICY AND7
LEGISLATIVE RECOMMENDATIONS REGARDING THE FEASIBILITY OF8
REQUIRING DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS IN9
C
OLORADO.10
(2) T
HE DEPARTMENT AND ANY THIRD PARTY CONDUCTING THE11
STUDY PURSUANT TO SUBSECTION (5) OF THIS SECTION SHALL ENGAGE12
WITH AND SEEK INPUT FROM , AT A MINIMUM , THE FOLLOWING13
STAKEHOLDERS FROM WITHIN AND OUTSIDE THE FRONT RANGE REGION OF14
THE STATE:15
(a) E
XPERTS IN RECYCLING ORGANIC MATERIALS , INCLUDING16
COMPOSTING, MULCHING, AND DIVERSION;17
(b) E
XPERTS IN FOOD RECOVERY FOR HUMAN USE AND FOR ANIMAL18
USE;19
(c) R
EPRESENTATIVES OF LARGE AND SMALL MUNICIPALITIES AND20
COUNTIES OF ALL AREAS OF THE STATE;21
(d) R
EPRESENTATIVES OF UNIVERSITIES OR OTHER INSTITUTIONS22
THAT COORDINATE THEIR OWN COMPOSTING ;23
(e) W
ASTE HAULERS;24
(f) L
ANDFILL OPERATORS;25
(g) C
OMPOST FACILITY OPERATORS;26
(h) F
ARMERS AND OTHER USERS OF ORGANICS PROCESSING END27
SB23-191
-8- PRODUCTS;1
(i) R
EPRESENTATIVES OF LARGE GENERATORS OF FOOD SCRAPS2
AND YARD TRIMMINGS; AND3
(j) R
EPRESENTATIVES OF THE CERTIFIED COMPOSTABLE PRODUCTS4
INDUSTRY.5
(3) T
HE STUDY MUST, AT A MINIMUM:6
(a) I
NCORPORATE AND UTILIZE DATA CONTAINED IN THE SOMP,7
OTHER EXISTING COLORADO STUDIES, AND RESEARCH FROM OTHER8
STATES;9
(b) R
EVIEW AND IDENTIFY HOW TO LEVERAGE EXISTING ORGANICS10
DIVERSION PILOT PROJECTS IN COLORADO TO INFORM IMPLEMENTATION OF11
BROADER ORGANICS DIVERSION PROJECTS THROUGHOUT ALL COLORADO12
REGIONS;13
(c) C
ONSIDER THE COSTS, FEASIBILITY, AND BENEFITS OF14
REQUIRING DIVERSION OF BOTH YARD TRIMMINGS AND FOOD SCRAPS . THE15
REPORT MAY EVALUATE THE FEASIBILITY AND BENEFITS OF REQUIRING16
DIVERSION OF YARD TRIMMINGS INDIVIDUALLY AND FOOD SCRAPS17
INDIVIDUALLY OR EVALUATE BOTH COMBINED .18
(d) R
EGARDING THE BENEFITS OF DIVERSION OF ORGANIC19
MATERIALS FROM LANDFILLS:20
(I) E
VALUATE THE POTENTIAL TO EXTEND THE LIFE OF LANDFILLS21
BY REDUCING THE AMOUNT OF ORGANIC MATERIALS LANDFILLED ;22
(II) E
VALUATE THE GREENHOUSE GAS EMISSION AVOIDANCE OF23
DIVERTING ORGANIC MATERIALS FROM LANDFILLS ; AND24
(III) E
VALUATE THE WATER SAVINGS POTENTIAL OF APPLYING25
FINISHED COMPOST TO COLORADO SOILS;26
(e) R
EGARDING THE INFRASTRUCTURE NEEDED TO ENABLE27
SB23-191
-9- DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS :1
(I) C
REATE ACTIONABLE PARAMETERS TO CONSIDER IF AND WHAT2
TYPE OF FACILITIES ARE NEEDED TO PROCESS ORGANIC MATERIALS AND3
WHERE THE FACILITIES SHOULD BE LOCATED . PARAMETERS MAY INCLUDE4
POPULATION DENSITY, MATERIAL TYPE AND VOLUME GENERATION ,5
DISTANCE TO EXISTING INFRASTRUCTURE , ACCESS TO TRANSPORTATION6
INFRASTRUCTURE, AND POTENTIAL FOR COLOCATING WITH ANOTHER7
FACILITY.8
(II) P
ROVIDE A PLAN FOR HOW INFRASTRUCTURE MAY BE FUNDED9
AND CREATE A TIMELINE FOR INFRASTRUCTURE DEVELOPMENT . THE PLAN10
MUST INCLUDE BEST PRACTICES FROM OTHER STATES THAT HAVE11
INCENTIVIZED OR FACILITATED DEVELOPMENT OF ORGANICS PROCESSING12
INFRASTRUCTURE.13
(III) D
ETERMINE THE BEST METHODS FOR COLLECTING ORGANIC14
MATERIALS BASED ON THE MATERIALS, GENERATORS, COLORADO REGION,15
POPULATION DENSITY, AND TYPES OF COLLECTION FACILITIES AND16
VEHICLES;17
(IV) D
ETERMINE THE SORTING INFRASTRUCTURE , POLICIES, OR18
OTHER MECHANISMS REQUIRED TO REDUCE CONTAMINATION AND SORT19
OUT REMAINING CONTAMINANTS ;20
(V) (A) C
OMPARE THE DISTANCES REQUIRED TO TRANSPORT21
ORGANIC MATERIALS TO LANDFILLS BY COLORADO REGION VERSUS22
CURRENT AND POTENTIAL DISTANCES REQUIRED TO TRANSPORT ORGANIC23
MATERIALS TO PERMITTED COMPOSTING OPERATIONS ; AND24
(B) U
TILIZE THE INFORMATION GATHERED REGARDING THE25
DISTANCES TO DEVELOP RECOMMENDATIONS TO MINIMIZE EMISSIONS AND26
TRANSPORTATION COSTS; AND27
SB23-191
-10- (VI) EVALUATE THE BENEFITS OF INCREASING ORGANICS1
PROCESSING CAPACITY AND THE FUNDING , INFRASTRUCTURE, AND2
REGULATORY CHANGES NEEDED TO BUILD OUT NECESSARY3
INFRASTRUCTURE WITHIN EACH COLORADO REGION;4
(f) R
EGARDING THE TIMELINE NEEDED TO PHASE IN REQUIRED5
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS :6
(I) D
ETERMINE THE INFRASTRUCTURE NECESSARY TO ENABLE7
IMPLEMENTATION OF DIVERSION REQUIREMENTS ;8
(II) D
ETERMINE THE TIMELINE, MATERIAL TYPE, AND BENCHMARKS9
BASED ON THE TYPE AND AMOUNT OF MATERIAL GENERATED TO PHASE IN10
LANDFILL DIVERSION REQUIREMENTS AND FOOD RECYCLING11
REQUIREMENTS WITHIN EACH COLORADO REGION. IN CREATING A12
TIMELINE AND BENCHMARKS , THE STUDY MUST CONSIDER:13
(A) H
OW TO MITIGATE NEGATIVE OR UNINTENDED IMPACTS ON14
RURAL AND UNDERSERVED COMMUNITIES , INCLUDING INCREASED COST15
BURDENS AND ILLEGAL DUMPING OF MATERIALS . MITIGATION MAY16
INCLUDE IDENTIFYING FUNDING , REGULATORY CHANGES , AND OTHER17
CONSIDERATIONS FOR DEVELOPING VARIOUS TYPES OF NEEDED18
INFRASTRUCTURE TO PROCESS THE ORGANIC MATERIALS .19
(B) H
OW TO BEST SERVE AREAS WITH LOW POPULATION DENSITY20
AND THOSE AT HIGH ALTITUDES WHERE SOME COMPOSTING PROCESSES21
MAY NOT BE PRACTICAL. THE STUDY SHOULD EXAMINE DIFFERENT TYPES22
OF COMPOSTING INFRASTRUCTURE , INCLUDING IN-VESSEL COMPOSTING23
AND ANAEROBIC DIGESTION.24
(C) H
OW TO PHASE IN IMPACTS BASED ON DISTANCE TO25
INFRASTRUCTURE WHERE ORGANICS PROCESSING FACILITIES MAY BE26
COLOCATED, INCLUDING LANDFILLS, TRANSFER STATIONS, OR MATERIAL27
SB23-191
-11- RECOVERY FACILITIES, OR BASED ON DISTANCE TO EXISTING MULCHING1
SITES OR COMPOST FACILITIES, AND MAKE RECOMMENDATIONS INCLUDING2
THE MOST ADVANTAGEOUS DISTANCE FROM SOURCE TO PROCESSOR OR3
TRANSFER STATION; AND4
(D) H
OW TO PHASE IN IMPACTS BASED ON THE TYPE AND SIZE OF5
GENERATOR AND AMOUNT AND TYPE OF ORGANIC MATERIAL GENERATED .6
(III) R
ECOMMEND PHASE-IN GOALS ACROSS MULTIPLE YEARS ,7
WHICH MAY VARY BY COLORADO REGION;8
(g) R
EGARDING POLICIES AND REGULATIONS TO ENABLE DIVERSION9
OF ORGANIC MATERIALS FROM LANDFILLS :10
(I) W
HERE APPROPRIATE TO SUPPORT DIVERSION OF ORGANIC11
MATERIALS FROM LANDFILLS, RECOMMEND UPDATES OR AMENDMENTS TO12
EXISTING STATE REGULATIONS TO BEST ACCOMMODATE , IMPLEMENT,13
MONITOR, AND ENFORCE ANY PROPOSED ORGANICS DIVERSION14
REQUIREMENTS;15
(II) R
ECOMMEND DIVERSION GOALS BY COLORADO REGION TO THE16
COMMISSION AND, IF NEEDED, UPDATES TO GOALS IDENTIFIED IN THE17
COMMISSION'S INTEGRATED SOLID WASTE AND MATERIALS MANAGEMENT18
PLAN; AND19
(III) R
EVIEW AND IDENTIFY HOW OTHER STATES MONITOR AND20
ENFORCE DIVERSION REQUIREMENTS AT LOCAL AND STATE LEVELS ;21
(h) R
EGARDING EDUCATION AND LOCAL SUPPORT TO ENABLE22
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS :23
(I) D
ETERMINE THE INFORMATIONAL RESOURCES THE DEPARTMENT24
AND OTHER STATE AGENCIES SHOULD DEVELOP FOR LOCAL GOVERNMENTS25
TO USE TO FACILITATE DEVELOPMENT OF ORGANICS PROCESSING26
FACILITIES NEEDED FOR DIVERTING YARD TRIMMINGS AND OTHER ORGANIC27
SB23-191
-12- MATERIALS. INFORMATIONAL RESOURCES MAY INCLUDE MODEL1
ORDINANCES, SAMPLE SITING GUIDELINES, RESOURCES FOR FUNDING ,2
EDUCATIONAL MATERIALS , RESOURCES ON FOOD DONATIONS , AND AN3
ACCESSIBLE MAP OF WHERE ORGANICS PROCESSING FACILITIES ARE4
LOCATED IN COLORADO.5
(II) D
ETERMINE THE EDUCATION NEEDED TO ENSURE RESIDENTS6
AND BUSINESSES UNDERSTAND THE VALUE AND OPERATIONS OF ORGANICS7
DIVERSION PROGRAMS; AND8
(III) R
EVIEW AND IDENTIFY HOW OTHER STATES HAVE EDUCATED9
MUNICIPALITIES, BUSINESSES, AND RESIDENTS ABOUT ORGANICS10
DIVERSION REQUIREMENTS;11
(i) R
EGARDING END-MARKET DEVELOPMENT OF ORGANIC12
MATERIALS DIVERTED FROM LANDFILLS :13
(I) E
VALUATE HOW TO COMBINE THE GOAL OF DIVERTING OR GANIC14
MATERIALS FROM LANDFILLS WITH CREATING RESOURCES FOR15
END-MARKET DEVELOPMENT , INCLUDING FOR PRODUCTION OF COMPOST ,16
MULCH, AND BIOCHAR;17
(II) R
EVIEW AND IDENTIFY INTERDEPARTMENTAL OPPORTUNITIES18
FOR PARTNERSHIPS IN DEVELOPING USAGE REQUIREMENTS FOR DIVERTED19
ORGANIC MATERIAL END PRODUCTS , INCLUDING PUBLIC WORKS PROJECTS,20
EROSION CONTROL , WILDFIRE MITIGATION AND POST -FIRE21
REHABILITATION, AGRICULTURAL APPLICATION OF COMPOST , AND MINE OR22
OTHER RECLAMATION PROJECTS . INTERDEPARTMENTAL OPPORTUNITIES23
MUST INCLUDE:24
(A) R
EVIEWING THE EXISTING STATE DEPARTMENT OF25
TRANSPORTATION SPECIFICATIONS REGARDING COMPOST AND26
RECOMMENDING THAT THE DEPARTMENT OF TRANSPORTATION SET27
SB23-191
-13- PARAMETERS FOR REQUIRED USAGE OF COMPOST CERTIFIED BY THE1
U
NITED STATES COMPOSTING COUNCIL 'S CERTIFIED COMPOST SEAL OF2
TESTING ASSURANCE PROGRAM , INCLUDING DISTANCE TO A PROCESSING3
FACILITY AND COMPOST AVAILABILITY ; AND4
(B) I
DENTIFYING METHODS TO WORK WITH THE STATE5
DEPARTMENT OF AGRICULTURE AND THE COLORADO SOIL HEALTH6
PROGRAM IN THE DEPARTMENT OF AGRICULTURE , CREATED IN SECTION7
35-73-103,
TO ADVANCE THE USE OF COMPOST IN AGRICULTURE ;8
(III) R
EVIEW AND IDENTIFY HOW OTHER STATES HAVE DEVELOPED9
END MARKETS FOR ORGANIC MATERIAL USAGE AND INCENTIVIZED END10
USAGE;11
(IV) R
EVIEW AND IDENTIFY HOW LANDFILL DIVERSION12
REQUIREMENTS WORK IN SUPPORT OF RECENT LEGISLATION AIMED AT13
REDUCING WASTE AND STRENGTHENING LOCAL SUPPLY CHAINS THROUGH14
RECYCLING AND COMPOSTING , INCLUDING THE FRONT RANGE WASTE15
DIVERSION ENTERPRISE CREATED IN SECTION 25-16.5-111, THE CIRCULAR16
ECONOMY DEVELOPMENT CENTER CREATED IN SECTION 25-17-602, AND17
THE PRODUCER RESPONSIBILITY PROGRAM FOR STATEWIDE RECYCLING18
CREATED IN SECTION 25-17-705;19
(V) R
EVIEW AND IDENTIFY THE BENEFITS OF DIVERTING20
MATERIALS FROM LANDFILLS, INCLUDING USING ORGANIC RESIDUALS TO21
MAKE COMPOST AND OTHER PR ODUCTS IN ORDER TO BUILD SOIL THAT22
PROVIDES THE ECOSYSTEM SERVICES OF SEQUESTERING CARBON ,23
REDUCING WATER NEEDS, AND PROVIDING RESILIENCE; AND24
(VI) D
ETERMINE WHETHER THERE IS A SIGNIFICANT VOLUME OF25
COMPOST, BIOCHAR, AND MULCH SOLD IN COLORADO THAT IS PRODUCED26
OUT OF STATE, AND IDENTIFY THE IMPACT OF LEGISLATION REQUIRING27
SB23-191
-14- DIVERSION OF ORGANIC MATERIALS ON THOSE SALES ;1
(j) R
EGARDING THE IMPACTS SPECIFIC TO COLORADO OF2
DIVERTING MATERIALS FROM LANDFILLS :3
(I) R
EVIEW AND IDENTIFY BEST PRACTICES IN COMPOSTING LARGE4
QUANTITIES OF WOODY MATERIALS IN AN ARID CLIMATE AND AT HIGH5
ALTITUDES, INCLUDING RESEARCHING TECHNIQUES SUCH AS BIOCHAR6
PRODUCTION AND UTILIZATION , MYCELIUM INOCULATION , AND OTHER7
ACCELERATED COMPOSTING METHODS THAT CAN HELP BREAK DOWN8
ORGANIC MATERIALS OUTSIDE THE CONFINES OF INDUSTRIAL COMPOST9
FACILITIES AS OFTEN OCCURS IN RURAL AREAS;10
(II) R
EVIEW AND IDENTIFY HOW TO ADDRESS THE POTENTIAL11
OVERSTOCK OF ORGANIC MATERIALS AWAITING PROCESSING ;12
(III) R
EVIEW AND IDENTIFY BEST PRACTICES FOR DIVERTING13
ORGANIC MATERIALS IN COMMUNITIES WITH TOURISM -BASED ECONOMIES14
THAT EXPERIENCE LARGE INFLUXES OF VISITOR-GENERATED FOOD SCRAPS15
DURING SPECIFIC PERIODS THROUGHOUT THE YEAR ; AND16
(IV) E
VALUATE CONCERNS REGARDING TOXINS IN COMPOST FROM17
PESTICIDES, HERBICIDES, AND COMPOSTABLE PACKAGING AND REVIEW18
AND IDENTIFY POTENTIAL SOLUTIONS TO THE CONCERNS ; AND19
(k) R
EGARDING FUNDING SOURCES TO ENABLE DIVERSION OF20
ORGANIC MATERIALS FROM LANDFILLS :21
(I) R
EVIEW AND IDENTIFY POTENTIAL FUNDING SOURCES TO22
SUPPORT DEVELOPMENT OF COLLECTION , CONTAMINATION REDUCTION ,23
AND PROCESSING INFRASTRUCTURE . POTENTIAL FUNDING SOURCES MAY24
INCLUDE EXISTING STATE FUNDS, INCLUDING THE FRONT RANGE WASTE25
DIVERSION CASH FUND CREATED IN SECTION 25-16.5-111 (4), THE26
RECYCLING RESOURCES ECONOMIC OPPORTUNITY FUND CREATED IN27
SB23-191
-15- SECTION 25-16.5-106.5, AND THE COLORADO ECONOMIC DEVELOPMENT1
FUND CREATED IN SECTION 24-46-105; GRANTS FROM OTHER STATE2
AGENCIES, INCLUDING THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN3
SECTION 24-1-125; FEDERAL FUNDS ; AND GENERATOR - OR4
PRODUCER-FUNDED PROGRAMS.5
(II) R
EVIEW AND IDENTIFY POTENTIAL FUNDING SOURCES OR FEES6
THAT CAN BE INCREASED OR IMPROVED TO ENCOURAGE OR ENABLE7
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS AND PROVIDE8
INCREASED RESOURCES NEEDED FOR INFRASTRUCTURE AND PROGRAM9
DEVELOPMENT IN ALL COLORADO REGIONS, INCLUDING IN RURAL AND10
UNDERSERVED COMMUNITIES ; AND11
(III) R
EVIEW AND IDENTIFY PROGRAMS IN OTHER STATE AGENCIES12
THAT OVERLAP WITH DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS ,13
INCLUDING PUBLIC WORKS PROJECTS , EROSION CONTROL, WILDFIRE14
MITIGATION AND POST -FIRE REHABILITATION , AGRICULTURAL15
APPLICATION OF COMPOST, AND MINE OR OTHER RECLAMATION PROJECTS .16
(4) O
N OR BEFORE AUGUST 1, 2024, THE DEPARTMENT SHALL17
SUBMIT A REPORT TO THE AGRICULTURE AND NATURAL RESOURCES18
COMMITTEE AND THE TRANSPORTATION AND ENERGY COMMITTEE OF THE19
SENATE AND THE AGRICULTURE , WATER, AND NATURAL RESOURCES20
COMMITTEE AND THE ENERGY AND ENVIRONMENT COMMITTEE OF THE21
HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES . THE22
REPORT MUST INCLUDE THE STUDY 'S RESEARCH, FINDINGS, AND23
RECOMMENDATIONS , IN ACCORDANCE WITH SUBSECTION (3) OF THIS24
SECTION.25
(5) (a) T
HE DEPARTMENT MAY CONTRACT A THIRD PARTY TO26
CONDUCT PART OR ALL OF THE STUDY .27
SB23-191
-16- (b) THE DEPARTMENT MAY COMBINE FUNDING WITH OTHER STATE1
AGENCIES TO HIRE A THIRD PARTY TO CONDUCT THE STUDY .2
25-17-803. Repeal of part. T
HIS PART 8 IS REPEALED, EFFECTIVE3
J
ULY 1, 2025.4
SECTION 3. In Colorado Revised Statutes, 25-16.5-106.5,5
amend (2)(b) as follows:6
25-16.5-106.5. Recycling resources economic opportunity fund7
- creation - repeal. (2) The money generated pursuant to subsection (1)8
of this section is annually appropriated to the department:9
(b) To fund studies pursuant to sections 25-16.5-105 (1)(i),10
25-16.5-112 (2), and
25-16.5-113, AND 25-17-802, and to make11
reimbursements pursuant to section 25-16.5-106.7 (6.5); and12
SECTION 4. In Colorado Revised Statutes, 25-16.5-111, amend13
(3)(a); and add (3)(c)(VIII) and (4)(b)(VI) as follows:14
25-16.5-111. Front range waste diversion enterprise -15
legislative declaration - fund - goals - grant program - personal16
property tax reimbursements - gifts, grants, or donations - definitions17
- repeal. (3) Enterprise. (a) There is hereby created in the department18
the front range waste diversion enterprise. The enterprise is and operates19
as a government-owned business within the department for the purpose20
of collecting the fee charged to waste generators and using the fee to21
provide grants and technical assistance
AND PAY FOR STUDIES to promote22
waste diversion. The enterprise is a type 1 entity, as defined in section23
24-1-105, and exercises its powers and performs its duties and functions24
under the department.25
(c) The enterprise's primary powers and duties are to:26
(VIII) (A) I
N COORDINATION WITH THE DEPARTMENT , PAY THE27
SB23-191
-17- COSTS ASSOCIATED WITH CONDUCTING THE ORGANICS DIVERSION STUDY1
REQUIRED BY SECTION 25-17-802.2
(B) T
HIS SUBSECTION (3)(c)(VIII) IS REPEALED, EFFECTIVE JULY3
1,
2025.4
(4) Fund. (b) Money in the fund is continuously appropriated to5
the enterprise to:6
(VI) (A) P
AY THE COSTS ASSOCIATED WITH CONDUCTING THE7
ORGANICS DIVERSION STUDY REQUIRED BY SECTION 25-17-802.8
(B) T
HIS SUBSECTION (4)(b)(VI) IS REPEALED, EFFECTIVE JULY 1,9
2025.10
SECTION 5. Safety clause. The general assembly hereby finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety.13
SB23-191
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