Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0291.01 Christopher McMichael x4775
HOUSE BILL 24-1069
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING THE CREATION OF THE ELECTRONIC SMOKING DEVICE101
RECYCLING STRATEGIES ADVISORY GROUP TO MAKE STRATEGY102
RECOMMENDATIONS FOR THE RECYCLING OF SINGLE -USE103
ELECTRONIC SMOKING DEVICES .104
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 establishes the electronic smoking device recycling
strategies advisory group (advisory group). The advisory group is tasked
with conducting an analysis of methods and strategies for the recycling
HOUSE SPONSORSHIP
Valdez,
SENATE SPONSORSHIP
(None),
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. of single-use electronic smoking devices (devices). The advisory group
shall develop a report that:
! Evaluates the extent of pollution caused by the disposal of
devices;
! Reviews existing practices and capacity for the recycling of
devices;
! Considers methods and strategies for recycling devices that
are protective of the public health and environment;
! Considers whether Colorado should establish a deposit and
recycle program that charges consumers a fee for recycling
devices;
! Recommends any state or local government policies related
to the recycling of devices; and
! Identifies any existing state or federal grant programs or
other programs that may be available to assist in the
development of strategies for the recycling of devices.
The advisory group must submit the report to the general assembly, the
department of public health and environment, and the governor's office
on or before October 31, 2025.
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) The use of vaping products, referred to in this section as4
"vapes", and other electronic smoking devices has increased by nearly5
200% in recent years, with an estimated 11 million vapes being sold every6
month;7
(b) Many individuals are opting to use single-use electronic8
smoking devices for smoking both nicotine and cannabis;9
(c) These single-use electronic smoking devices contain toxic and10
hazardous substances, such as nicotine liquid, lithium batteries, lead,11
mercury, heavy metals, volatile organic compounds, and other12
contaminants; furthermore, the electronic smoking devices are made of13
plastic and metal and are nonbiodegradable;14
HB24-1069-2- (d) There is an estimated 23.6 tons of lithium contained in the1
number of vapes sold annually in the United States, which is enough2
lithium to create about 2,600 electric vehicle batteries;3
(e) Single-use electronic smoking devices are thrown away after4
being used, which means the hazardous substances, plastics, and metals5
in the vapes and cartridges make it into Colorado's landfills or end up as6
litter in streets, parks, groundwater, and waterways;7
(f) It is estimated that consumers in the United States throw away8
more than 4 disposable vapes every second;9
(g) Depending on the amount of nicotine in an electronic smoking10
device, some vapes may be considered hazardous waste according to the11
United States Environmental Protection Agency;12
(h) For the single-use electronic smoking devices that do make it13
into landfills, the landfill facility operators do not have clear guidance or14
equipment for recycling the vapes; some landfills opt to bury the devices15
and others put the devices into an incinerator;16
(i) There is currently no standardized method for recycling17
single-use electronic smoking devices; and18
(j) Retailers who sell single-use electronic smoking devices,19
consumers, landfill facility operators, and electronic smoking device20
manufacturers need guidelines and options for recycling vapes and other21
electronic smoking devices so that the devices do not pollute Colorado's22
streets, parks, groundwater, and waterways.23
(2) The general assembly further finds and declares that it is in24
Colorado's best interest to convene an advisory group to recommend25
strategies for the recycling of single-use electronic smoking devices.26
SECTION 2. In Colorado Revised Statutes, add 25-16.5-114 as27
HB24-1069
-3- follows:1
25-16.5-114. Electronic smoking device recycling strategies2
advisory group - created - members - strategies - report - definitions3
- repeal. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES:5
(a) "A
DVISORY GROUP" MEANS THE ELECTRONIC SMOKING DEVICE6
RECYCLING STRATEGIES ADVISORY GROUP CREATED IN SUBSECTION (2) OF7
THIS SECTION.8
(b) "E
LECTRONIC SMOKING DEVICE" HAS THE MEANING SET FORTH9
IN SECTION 25-14-203 (4.5).10
(c) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF11
THE DEPARTMENT.12
(d) "R
ECYCLE" OR "RECYCLING" HAS THE MEANING SET FORTH IN13
SECTION 25-17-302 (7).14
(e) "S
INGLE-USE ELECTRONIC SMOKING DEVICE " DOES NOT15
INCLUDE AN ELECTRONIC SMOKING DEVICE THAT IS DESIGNED TO BE USED16
MORE THAN ONCE BY THE CONSUMER AND THAT CONTAINS A REFILLABLE17
CARTRIDGE AND RECHARGEABLE BATTERY .18
(2) T
HE ELECTRONIC SMOKING DEVICE RECYCLING STRATEGIES19
ADVISORY GROUP IS CREATED IN THE DEPARTMENT .20
(3) T
HE ADVISORY GROUP CONSISTS OF THE FOLLOWING TEN21
MEMBERS, APPOINTED BY THE EXECUTIVE DIRECTOR :22
(a) O
NE MEMBER WHO REPRESENTS THE NICOTINE -BASED23
SINGLE-USE ELECTRONIC SMOKING DEVICE INDUSTRY ;24
(b) T
WO MEMBERS WHO REPRESENT THE CANNABIS -BASED25
SINGLE-USE ELECTRONIC SMOKING DEVICE INDUSTRY ;26
(c) O
NE MEMBER WHO REPRESENTS SINGLE -USE ELECTRONIC27
HB24-1069
-4- SMOKING DEVICE RETAILERS;1
(d) O
NE MEMBER WHO REPRESENTS A RETAIL ESTABLISHMENT2
THAT IS AN INDEPENDENTLY OWNED CONVENIENCE STORE ;3
(e) O
NE MEMBER WHO REPRESENTS THE DEPARTMENT AND WHO4
SPECIALIZES IN ELECTRONIC WASTE RECYCLING ;5
(f) T
WO MEMBERS WHO REPRESENT WASTE HAULERS , AS DEFINED6
IN SECTION 30-20-1001 (16);7
(g) O
NE MEMBER WHO REPRESENTS A WASTE RECYCLING FACILITY8
THAT RECYCLES ELECTRONIC WASTE ; AND9
(h) O
NE MEMBER WHO REPRESENTS A COLORADO ORGANIZATION10
FOCUSED ON ENVIRONMENTAL CLEANUP AND THE MITIGATION OF11
ENVIRONMENTAL POLLUTION .12
(4) (a) T
HE EXECUTIVE DIRECTOR SHALL APPOINT THE MEMBERS13
OF THE ADVISORY GROUP PURSUANT TO SUBSECTION (3) OF THIS SECTION14
ON OR BEFORE AUGUST 1, 2024.15
(b) T
HE EXECUTIVE DIRECTOR SHALL CALL THE FIRST MEETING OF16
THE ADVISORY GROUP, WHICH MEETING MUST OCCUR ON OR BEFORE17
O
CTOBER 31, 2024.18
(c) A
T THE FIRST MEETING OF THE ADVISORY GROUP , THE19
ADVISORY GROUP SHALL ELECT , BY A SIMPLE MAJORITY VOTE, A CHAIR20
AND VICE-CHAIR FROM AMONG ITS MEMBERS .21
(d) (I) T
HE ADVISORY GROUP SHALL MEET AT LEAST THREE TIMES22
BEFORE AUGUST 1, 2025.23
(II) T
HE CHAIR OF THE ADVISORY GROUP MAY CALL ADDITIONAL24
MEETINGS AS NECESSARY.25
(5) T
HE ADVISORY GROUP SHALL ANALYZE INFORMATION ,26
METHODS, STRATEGIES, AND POLICIES RELATED TO THE RECYCLING OF27
HB24-1069
-5- SINGLE-USE ELECTRONIC SMOKING DEVICES . THE ANALYSIS MUST:1
(a) E
VALUATE THE EXTENT OF POLLUTION THAT IS CAUSED BY THE2
DISPOSAL OF SINGLE-USE ELECTRONIC SMOKING DEVICES IN LANDFILLS ;3
(b) R
EVIEW EXISTING PRACTICES FOR THE RECYCLING OF4
SINGLE-USE ELECTRONIC SMOKING DEVICES ;5
(c) E
XAMINE THE CAPACITY FOR EXISTING RECYCLING FACILITIES6
IN COLORADO TO RECYCLE SINGLE -USE ELECTRONIC SMOKING DEVICES ;7
(d) C
ONSIDER METHODS AND STRATEGIES FOR RECYCLING8
SINGLE-USE ELECTRONIC SMOKING DEVICES THAT ENSURE THE9
HAZARDOUS WASTE AND OTHER MATERIALS ASSOCIATED WITH10
ELECTRONIC SMOKING DEVICES DO NOT POLLUTE COLORADO'S11
ENVIRONMENT;12
(e) C
ONSIDER WHETHER COLORADO SHOULD ESTABLISH A DEPOSIT13
AND RECYCLE PROGRAM WHEREBY SINGLE -USE ELECTRONIC SMOKING14
DEVICE RETAILERS CHARGE A FEE TO CUSTOMERS THAT WOULD BE USED15
FOR COLLECTING, TRANSPORTING, AND RECYCLING SINGLE -USE16
ELECTRONIC SMOKING DEVICES ;17
(f) R
ECOMMEND ANY STATE OR LOCAL GOVERNMENT POLICIES OR18
PROGRAMS RELATED TO THE RECYCLING OF SINGLE -USE ELECTRONIC19
SMOKING DEVICES; AND20
(g) I
DENTIFY ANY EXISTING STATE OR FEDERAL GRANT PROGRAMS21
OR OTHER PROGRAMS THAT MAY BE AVAILABLE TO ASSIST IN THE22
DEVELOPMENT OF STRATEGIES FOR THE RECYCLING OF SINGLE -USE23
ELECTRONIC SMOKING DEVICES IN COLORADO.24
(6) (a) T
HE ADVISORY GROUP SHALL DEVELOP A REPORT25
REGARDING ANY FINDINGS, STRATEGIES, OR RECOMMENDATIONS FOR THE26
RECYCLING OF SINGLE-USE ELECTRONIC SMOKING DEVICES PURSUANT TO27
HB24-1069
-6- THE ANALYSIS CO NDUCTED PURSUANT TO SUBSECTION (5) OF THIS1
SECTION.2
(b) N
O LATER THAN OCTOBER 31, 2025, THE ADVISORY GROUP3
SHALL SUBMIT THE REPORT DEVELOPED PURSUANT TO SUBSECTION (6)(a)4
OF THIS SECTION TO THE SENATE BUSINESS , LABOR, AND TECHNOLOGY5
COMMITTEE, THE HOUSE OF REPRESENTATIVES BUSINESS AFFAIRS AND6
LABOR COMMITTEE, OR ANY SUCCESSOR COMMITTEES , THE EXECUTIVE7
DIRECTOR, AND THE GOVERNOR'S OFFICE.8
(7) T
HE DEPARTMENT SHALL PROVIDE ANY ADMINISTRATIVE9
SUPPORT TO THE ADVISORY GROUP AS MAY BE NECESSARY TO IMPLEMENT10
THIS SECTION. THE DEPARTMENT MAY SEEK , ACCEPT, AND EXPEND GIFTS,11
GRANTS, OR DONATIONS FROM PRIVATE OR PUBLIC SOURCES FOR THE12
PURPOSES OF THIS SECTION.13
(8) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2026.14
SECTION 3. Safety clause. The general assembly finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety or for appropriations for17
the support and maintenance of the departments of the state and state18
institutions.19
HB24-1069
-7-