SENATE BILL 23-191
BY SENATOR(S) Cutter, Buckner, Coleman, Exum, Fields, Ginal,
Gonzales, Hansen, Jaquez Lewis, Marchman, Moreno, Priola, Roberts,
Rodriguez, Sullivan, Winter F., Fenberg;
also REPRESENTATIVE(S) Joseph and Kipp, Amabile, Bacon, Bird,
Boesenecker, Brown, Dickson, Duran, Froelich, Garcia, Hamrick, Jodeh,
Lindsay, Lukens, Mabrey, Mauro, McCormick, McLachlan,
Michaelson Jenet, Ortiz, Ricks, Sharbini, Sirota, Story, Titone, Valdez,
Velasco, Vigil, Willford, Young, McCluskie.
C
ONCERNING A STUDY REGARDING DIVERSION OF ORGANIC MATERIALS
FROM LANDFILLS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Thirty-seven percent of the material that is landfilled in Colorado
is organic material, including yard trimmings and food scraps, that could
have been diverted from landfills through food donation, composting, or
mulching. These diversion practices reduce greenhouse gas emissions,
support resilient local economies, create green jobs, and, in the case of
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. compost, build healthy soils, conserve water, and create more productive
agricultural lands.
(b) The statewide organics management plan (plan) commissioned
by the department of public health and environment (department) found that
the "untapped demand for finished compost is potentially five times greater
than the amount of compost being produced today." The plan also found
that "[E]conomics, awareness, and lack of existing infrastructure are the
greatest barriers to increased organics recovery in Colorado." Additionally,
the plan stated that "[T]he [department] should work to gain interagency
cooperation to implement strategies that lead to development of organics
infrastructure and end-market use of compost." These findings underscore
the timely need and opportunity to increase investment to divert more
organic materials out of landfills and back into the circular economy. The
plan highlighted the need for the construction and operation of more
compost processing facilities to realize the potential cost savings, job
creation, and agricultural and environmental benefits of diverting organic
materials.
(2) The general assembly further declares that the department should
conduct a study that:
(a) Evaluates policies intended to divert organic materials from
landfills and into beneficial usages;
(b) Creates actionable parameters for determining if, where, and
what types of infrastructure are needed and provides a proposed timeline
and basic toolkit for infrastructure development for each region of the state;
(c) Generates a summary report outlining the options for future
policies to increase organics diversion;
(d) Recommends policies that will incentivize and support the use
of compost certified by the United States composting council's seal of
testing assurance program; and
(e) Is completed by August 1, 2024, so that further legislation can
be implemented to realize the benefits of increased organics diversion
across the state beginning in 2025.
PAGE 2-SENATE BILL 23-191 SECTION 2. In Colorado Revised Statutes, add part 9 to article 17
of title 25 as follows:
PART 9
ORGANICS DIVERSION
25-17-901. Definitions. A
S USED IN THIS PART 9, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
OLORADO REGION" MEANS EACH OF THE FOUR GEOGRAPHIC
REGIONS IDENTIFIED IN THE
SOMP, WHICH ARE THE WESTERN SLOPE ,
MOUNTAINS, FRONT RANGE, AND EASTERN PLAINS.
(2) "C
OMMISSION" MEANS THE SOLID AND HAZARDOUS WASTE
COMMISSION CREATED IN THE DEPARTMENT IN SECTION
25-15-302.
(3) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT CREATED IN SECTION
25-1-102.
(4) "L
OCAL GOVERNMENT " MEANS A HOME RULE OR STATUTORY
CITY
, COUNTY, OR CITY AND COUNTY OR A SPECIAL DISTRICT FORMED UNDER
TITLE
32.
(5) "O
RGANIC MATERIALS" OR "ORGANICS" MEANS ANY SOLID WASTE
THAT IS A BIOLOGICAL SUBSTANCE OF PLANT OR ANIMAL ORIGIN
, INCLUDING
FOOD SCRAPS AND YARD TRIMMINGS
, THAT CAN BE BROKEN DOWN THROUGH
BIOLOGICAL PROCESSES
.
(6) "SOMP"
MEANS THE STATEWIDE ORGANICS MANAGEMENT PLAN
COMMISSIONED BY THE DEPARTMENT AND DATED
AUGUST 29, 2022.
(7) "S
TUDY" MEANS THE ORGANICS DIVERSION STUDY REQUIRED BY
SECTION
25-17-902.
25-17-902. Organics diversion study - report - funding. (1) T
HE
DEPARTMENT SHALL CONDUCT OR CAUSE TO BE CONDUCTED A STUDY THAT
EXPLORES WHAT LOCAL GOVERNMENTS
, OTHER STATE AGENCIES , AND
OTHER STATES ARE DOING TO FACILITATE THE DIVERSION OF ORGANIC
MATERIALS FROM LANDFILLS AND CREATES POLICY AND LEGISLATIVE
RECOMMENDATIONS
, INCLUDING THE FEASIBILITY OF REQUIRING DIVERSION
PAGE 3-SENATE BILL 23-191 OF ORGANIC MATERIALS FROM LANDFILLS IN COLORADO.
(2) T
HE DEPARTMENT AND ANY THIRD PARTY CONDUCTING THE
STUDY PURSUANT TO SUBSECTION
(5) OF THIS SECTION SHALL ENGAGE WITH
AND SEEK INPUT FROM STAKEHOLDERS THAT HAVE EXPERTISE AND INTEREST
IN ORGANICS DIVERSION
.
(3) T
HE STUDY MUST, AT A MINIMUM:
(a) I
NCORPORATE AND UTILIZE DATA CONTAINED IN THE SOMP,
OTHER EXISTING COLORADO STUDIES, AND RESEARCH FROM OTHER STATES ;
(b) R
EVIEW AND IDENTIFY HOW TO LEVERAGE EXISTING ORGANICS
DIVERSION PROJECTS IN
COLORADO TO INFORM IMPLEMENTATION OF
BROADER ORGANICS DIVERSION PROJECTS THROUGHOUT
COLORADO;
(c) C
ONSIDER THE COSTS, FEASIBILITY, AND BENEFITS OF DIVERSION
POLICIES FOR BOTH YARD TRIMMINGS AND FOOD SCRAPS
. THE REPORT MAY
EVALUATE THE FEASIBILITY AND BENEFITS OF POLICIES AIMED AT
INCREASING DIVERSION OF YARD TRIMMINGS INDIVIDUALLY AND FOOD
SCRAPS INDIVIDUALLY OR EVALUATE BOTH COMBINED
.
(d) R
EGARDING THE BENEFITS OF DIVERSION OF ORGANIC MATERIALS
FROM LANDFILLS
:
(I) E
VALUATE THE POTENTIAL TO EXTEND THE LIFE OF LANDFILLS BY
REDUCING THE AMOUNT OF ORGANIC MATERIALS LANDFILLED
;
(II) E
VALUATE THE GREENHOUSE GAS EMISSION AVOIDANCE OF
DIVERTING ORGANIC MATERIALS FROM LANDFILLS
; AND
(III) EVALUATE THE WATER SAVINGS POTENTIAL OF APPLYING
FINISHED COMPOST TO
COLORADO SOILS;
(e) R
EGARDING THE INFRASTRUCTURE NEEDED TO ENABLE
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS
:
(I) C
REATE ACTIONABLE PARAMETERS TO CONSIDER IF AND WHAT
TYPE OF FACILITIES ARE NEEDED TO PROCESS ORGANIC MATERIALS AND
WHERE THE FACILITIES SHOULD BE LOCATED
. PARAMETERS MAY INCLUDE
PAGE 4-SENATE BILL 23-191 POPULATION DENSITY, MATERIAL TYPE AND VOLUME GENERATION , DISTANCE
TO EXISTING INFRASTRUCTURE
, ACCESS TO TRANSPORTATION
INFRASTRUCTURE
, AND POTENTIAL FOR COLOCATING WITH ANOTHER
FACILITY
, INCLUDING A LANDFILL, TRANSFER STATION, OR RECYCLING
FACILITY
.
(II) P
ROVIDE A PLAN FOR HOW INFRASTRUCTURE MAY BE FUNDED
AND CREATE A TIMELINE FOR INFRASTRUCTURE DEVELOPMENT
. THE PLAN
MUST INCLUDE BEST PRACTICES FROM OTHER STATES THAT HAVE
INCENTIVIZED OR FACILITATED DEVELOPMENT OF ORGANICS PROCESSING
INFRASTRUCTURE
.
(III) D
ETERMINE THE BEST METHODS FOR COLLECTING ORGANIC
MATERIALS BASED ON THE MATERIALS
, GENERATORS, POPULATION DENSITY,
AND TYPES OF COLLECTION FACILITIES AND VEHICLES ;
(IV) D
ETERMINE THE SORTING INFRASTRUCTURE , POLICIES, OR
OTHER MECHANISMS REQUIRED TO REDUCE CONTAMINATION AND SORT OUT
REMAINING CONTAMINANTS
;
(V) (A) C
OMPARE THE DISTANCES REQUIRED TO TRANSPORT
ORGANIC MATERIALS TO LANDFILLS BY
COLORADO REGION VERSUS CURRENT
AND POTENTIAL DISTANCES REQUIRED TO TRANSPORT ORGANIC MATERIALS
TO PERMITTED COMPOSTING OPERATIONS
; AND
(B) UTILIZE THE INFORMATION GATHERED REGARDING THE
DISTANCES TO DEVELOP RECOMMENDATIONS TO MINIMIZE EMISSIONS AND
TRANSPORTATION COSTS
;
(VI) E
VALUATE THE BENEFITS OF INCREASING ORGANICS PROCESSING
CAPACITY AND THE FUNDING
, INFRASTRUCTURE, AND REGULATORY
CHANGES NEEDED TO BUILD OUT NECESSARY INFRASTRUCTURE WITHIN EACH
COLORADO REGION; AND
(VII) DETERMINE HOW TO BEST SERVE AREAS WITH LOW POPULATION
DENSITY AND THOSE AT HIGH ALTITUDES
. THE STUDY SHOULD EXAMINE
DIFFERENT TYPES OF COMPOSTING INFRASTRUCTURE
, INCLUDING IN-VESSEL
COMPOSTING AND ANAEROBIC DIGESTION
.
(f) R
EGARDING POLICIES AND REGULATIONS TO ENABLE DIVERSION
PAGE 5-SENATE BILL 23-191 OF ORGANIC MATERIALS FROM LANDFILLS :
(I) W
HERE APPROPRIATE TO SUPPORT DIVERSION OF ORGANIC
MATERIALS FROM LANDFILLS
, RECOMMEND UPDATES OR AMENDMENTS TO
EXISTING STATE REGULATIONS TO BEST ACCOMMODATE
, IMPLEMENT,
MONITOR, AND ENFORCE ANY PROPOSED ORGANICS DIVERSION POLICIES ;
(II) R
ECOMMEND DIVERSION GOALS BY COLORADO REGION TO THE
COMMISSION AND
, IF NEEDED, UPDATES TO GOALS IDENTIFIED IN THE
COMMISSION
'S INTEGRATED SOLID WASTE AND MATERIALS MANAGEMENT
PLAN
; AND
(III) REVIEW AND IDENTIFY HOW OTHER STATES MONITOR AND
ENFORCE DIVERSION POLICIES AT LOCAL AND STATE LEVELS
;
(g) R
EGARDING EDUCATION AND LOCAL SUPPORT TO ENABLE
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS
:
(I) D
ETERMINE THE INFORMATIONAL RESOURCES THE DEPARTMENT
AND OTHER STATE AGENCIES SHOULD DEVELOP FOR LOCAL GOVERNMENTS
TO USE TO FACILITATE DEVELOPMENT OF ORGANICS PROCESSING FACILITIES
NEEDED FOR DIVERTING YARD TRIMMINGS AND OTHER ORGANIC MATERIALS
.
I
NFORMATIONAL RESOURCES MAY INCLUDE MODEL ORDINANCES , SAMPLE
SITING GUIDELINES
, RESOURCES FOR FUNDING, EDUCATIONAL MATERIALS,
RESOURCES ON FOOD D ONATIONS , AND AN ACCESSIBLE MAP OF WHERE
ORGANICS PROCESSING FACILITIES ARE LOCATED IN
COLORADO.
(II) D
ETERMINE THE EDUCATION NEEDED TO ENSURE RESIDENTS AND
BUSINESSES UNDERSTAND THE VALUE AND OPERATIONS OF ORGANICS
DIVERSION PROGRAMS
; AND
(III) REVIEW AND IDENTIFY HOW OTHER STATES HAVE EDUCATED
MUNICIPALITIES
, BUSINESSES, AND RESIDENTS ABOUT ORGANICS DIVERSION ;
(h) R
EGARDING END-MARKET DEVELOPMENT OF ORGANIC
MATERIALS DIVERTED FROM LANDFILLS
:
(I) E
VALUATE HOW TO COMBINE THE GOAL OF DIVERTING ORGANIC
MATERIALS FROM LANDFILLS WITH CREATING RESOURCES FOR END
-MARKET
DEVELOPMENT
, INCLUDING FOR PRODUCTION OF COMPOST , MULCH, AND
PAGE 6-SENATE BILL 23-191 BIOCHAR;
(II) R
EVIEW AND IDENTIFY INTERDEPARTMENTAL OPPORTUNITIES
FOR PARTNERSHIPS IN DEVELOPING USAGE REQUIREMENTS FOR STATE
AGENCIES FOR DIVERTED ORGANIC MATERIAL END PRODUCTS
, INCLUDING
PUBLIC WORKS PROJECTS
, EROSION CONTROL, WILDFIRE MITIGATION AND
POST
-FIRE REHABILITATION, AGRICULTURAL APPLICATION OF COMPOST , AND
MINE OR OTHER RECLAMATION PROJECTS
;
(III) R
EVIEW AND IDENTIFY HOW OTHER STATES HAVE DEVELOPED
END MARKETS FOR ORGANIC MATERIAL USAGE AND INCENTIVIZED END
USAGE
;
(IV) R
EVIEW AND IDENTIFY THE BENEFITS OF DIVERTING MATERIALS
FROM LANDFILLS
, INCLUDING USING ORGANIC RESIDUALS TO MAKE COMPOST
AND OTHER PRODUCTS IN ORDER TO BUILD SOIL THAT PROVIDES THE
ECOSYSTEM SERVICES OF SEQUESTERING CARBON
, REDUCING WATER NEEDS,
AND PROVIDING RESILIENCE; AND
(V) DETERMINE WHETHER THERE IS A SIGNIFICANT VOLUME OF
COMPOST
, BIOCHAR, AND MULCH SOLD IN COLORADO THAT IS PRODUCED
OUT OF STATE
;
(i) R
EGARDING THE IMPACTS SPECIFIC TO COLORADO OF DIVERTING
MATERIALS FROM LANDFILLS
:
(I) R
EVIEW AND IDENTIFY BEST PRACTICES IN COMPOSTING LARGE
QUANTITIES OF WOODY MATERIALS IN AN ARID CLIMATE AND AT HIGH
ALTITUDES
, INCLUDING RESEARCHING TECHNIQUES SUCH AS BIOCHAR
PRODUCTION AND UTILIZATION
, MYCELIUM INOCULATION , AND OTHER
ACCELERATED COMPOSTING METHODS THAT CAN HELP BREAK DOWN
ORGANIC MATERIALS OUTSIDE THE CONFINES OF INDUSTRIAL COMPOST
FACILITIES AS OFTEN OCCURS IN RURAL AREAS
;
(II) R
EVIEW AND IDENTIFY HOW TO ADDRESS THE POTENTIAL
OVERSTOCK OF ORGANIC MATERIALS AWAITING PROCESSING
; AND
(III) REVIEW AND IDENTIFY BEST PRACTICES FOR DIVERTING
ORGANIC MATERIALS IN COMMUNITIES WITH TOURISM
-BASED ECONOMIES
THAT EXPERIENCE LARGE INFLUXES OF VISITOR
-GENERATED FOOD SCRAPS
PAGE 7-SENATE BILL 23-191 DURING SPECIFIC PERIODS THROUGHOUT THE YEAR ; AND
(j) REGARDING FUNDING SOURCES TO ENABLE DIVERSION OF
ORGANIC MATERIALS FROM LANDFILLS
:
(I) R
EVIEW AND IDENTIFY POTENTIAL FUNDING SOURCES TO SUPPORT
DEVELOPMENT OF COLLECTION
, CONTAMINATION REDUCTION , AND
PROCESSING INFRASTRUCTURE
. POTENTIAL FUNDING SOURCES MAY INCLUDE
EXISTING STATE FUNDS
, INCLUDING THE FRONT RANGE WASTE DIVERSION
CASH FUND CREATED IN SECTION
25-16.5-111 (4), THE RECYCLING
RESOURCES ECONOMIC OPPORTUNITY F UND CREATED IN SECTION
25-16.5-106.5, AND THE COLORADO ECONOMIC DEVELOPMENT FUND
CREATED IN SECTION
24-46-105; GRANTS FROM OTHER STATE AGENCIES ,
INCLUDING THE DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION
24-1-125; FEDERAL FUNDS; AND GENERATOR - OR PRODUCER-FUNDED
PROGRAMS
.
(II) R
EVIEW AND IDENTIFY POTENTIAL FUNDING SOURCES OR FEES
THAT CAN BE INCREASED OR IMPROVED TO ENCOURAGE OR ENABLE
DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS AND PROVIDE
INCREASED RESOURCES NEEDED FOR INFRASTRUCTURE AND PROGRAM
DEVELOPMENT IN ALL
COLORADO REGIONS, INCLUDING IN RURAL AND
UNDERSERVED COMMUNITIES
; AND
(III) REVIEW AND IDENTIFY PROGRAMS IN OTHER STATE AGENCIES
THAT OVERLAP WITH DIVERSION OF ORGANIC MATERIALS FROM LANDFILLS
,
INCLUDING PUBLIC WORKS PROJECTS , EROSION CONTROL , WILDFIRE
MITIGATION AND POST
-FIRE REHABILITATION, AGRICULTURAL APPLICATION
OF COMPOST
, AND MINE OR OTHER RECLAMATION PROJECTS .
(4) O
N OR BEFORE AUGUST 1, 2024, THE DEPARTMENT SHALL SUBMIT
A REPORT TO THE AGRICULTURE AND NATURAL RESOURCES COMMITTEE AND
THE TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE AND THE
AGRICULTURE
, WATER, AND NATURAL RESOU RCES COMMITTEE AND THE
ENERGY AND ENVIRONMENT COMMI TTEE OF THE HOUSE OF
REPRESENTATIVES
, OR THEIR SUCCESSOR COMMITTEES . THE REPORT MUST
INCLUDE THE STUDY
'S RESEARCH, FINDINGS, AND RECOMMENDATIONS , IN
ACCORDANCE WITH SUBSECTION
(3) OF THIS SECTION.
(5) (a) T
HE DEPARTMENT MAY CONTRACT A THIRD PARTY TO
PAGE 8-SENATE BILL 23-191 CONDUCT PART OR ALL OF THE STUDY .
(b) T
HE DEPARTMENT MAY COMBINE FUNDING WITH OTHER STATE
AGENCIES TO HIRE A THIRD PARTY TO CONDUCT THE STUDY
.
25-17-903. Repeal of part. T
HIS PART 9 IS REPEALED, EFFECTIVE
JULY 1, 2025.
SECTION 3. In Colorado Revised Statutes, 25-16.5-106.5, amend
(2)(b) as follows:
25-16.5-106.5. Recycling resources economic opportunity fund
- creation - repeal. (2) The money generated pursuant to subsection (1) of
this section is annually appropriated to the department:
(b) To fund studies pursuant to sections 25-16.5-105 (1)(i),
25-16.5-112 (2), and
25-16.5-113, AND 25-17-902, and to make
reimbursements pursuant to section 25-16.5-106.7 (6.5); and
SECTION 4. In Colorado Revised Statutes, 25-16.5-111, amend
(3)(a); and add (3)(c)(VIII) and (4)(b)(VI) as follows:
25-16.5-111. Front range waste diversion enterprise - legislative
declaration - fund - goals - grant program - personal property tax
reimbursements - gifts, grants, or donations - definitions - repeal.
(3) Enterprise. (a) There is hereby created in the department the front
range waste diversion enterprise. The enterprise is and operates as a
government-owned business within the department for the purpose of
collecting the fee charged to waste generators and using the fee to provide
grants and technical assistance
AND PAY FOR STUDIES to promote waste
diversion. The enterprise is a type 1 entity, as defined in section 24-1-105,
and exercises its powers and performs its duties and functions under the
department.
(c) The enterprise's primary powers and duties are to:
(VIII) (A) I
N COORDINATION WITH THE DEPARTMENT , PAY THE COSTS
ASSOCIATED WITH CONDUCTING THE ORGANICS DIVERSION ST UDY REQUIRED
BY SECTION
25-17-902.
PAGE 9-SENATE BILL 23-191 (B) THIS SUBSECTION (3)(c)(VIII) IS REPEALED, EFFECTIVE JULY 1,
2025.
(4) Fund. (b) Money in the fund is continuously appropriated to the
enterprise to:
(VI) (A) P
AY THE COSTS ASSOCIATED WITH CONDUCTING THE
ORGANICS DIVERSION STUDY REQUIRED BY SECTION
25-17-902.
(B) T
HIS SUBSECTION (4)(b)(VI) IS REPEALED, EFFECTIVE JULY 1,
2025.
SECTION 5. Safety clause. The general assembly hereby finds,
PAGE 10-SENATE BILL 23-191 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 11-SENATE BILL 23-191