Title 25, Public Health and Environment

(1) Effective July 1, 2015, no producer shall sell, offer for sale, or distribute architectural paint in Colorado unless the producer is implementing or participating in a paint stewardship program approved by the executive director. The executive director may approve an earlier …

(1) A paint stewardship program must be financed and either managed or contracted by a producer or group of producers. The program must be implemented statewide and include: (a) The collection, transportation, reuse, recycling, and disposal of postconsumer architectural paint; an…

(1) The executive director, upon the executive director's own motion, may, and, upon a person's written complaint, shall, investigate a producer to determine whether, on the date that the producer's architectural paint was sold at retail, the producer or the producer's brand was …

(1) In addition to other penalties prescribed by this part 4 or any other law, a producer or stewardship organization that violates this part 4 is liable for an administrative penalty assessment not to exceed one thousand dollars per day for the first violation and five thousand …

The executive director shall transmit all fees collected under section 25-17-404 (4) to the state treasurer, who shall credit them to the paint stewardship program cash fund, hereby created and referred to in this section as the "fund". The moneys in the fund are appropriated to …

If a retailer or other facility serving as a postconsumer architectural paint collection site would not otherwise be required to obtain a certificate of designation as a solid wastes disposal site and facility pursuant to section 30-20-102, C.R.S., then the retailer or other faci…

If a producer or group of producers participating in a paint stewardship program or a stewardship organization contracted by one or more producers to implement a paint stewardship program engages in an activity performed solely in furtherance of implementing the paint stewardship…

The short title of this part 5 is the "Plastic Pollution Reduction Act". Source: L. 2021: Entire part added, (HB 21-1162), ch. 440, p. 2910, § 2, effective July 6.

The general assembly finds, determines, and declares that limiting the use of single-use plastic carryout bags and expanded polystyrene products will mitigate the harmful effects on our state's natural resources and our environment that result from disposing of these products in …

As used in this part 5, unless the context otherwise requires: (1) (a) "Carryout bag" means a bag that is furnished to a customer at a store or retail food establishment at the point of sale for use by the customer to transport or carry purchased items. (b) "Carryout bag" does no…

(1) Subject to section 25-17-505 (1), on and after January 1, 2024, a store or retail food establishment shall not provide a single-use plastic carryout bag to a customer; except that a retail food establishment need not comply with this section if the retail food establishment: …

(1) Repealed. (2) (a) On and after January 1, 2024, a store may provide a customer with one or more recycled paper carryout bags at the point of sale only if the customer pays a carryout bag fee of ten cents per recycled paper carryout bag, or a higher fee if a municipality or co…

(1) Except as provided in subsection (2) of this section, effective January 1, 2024, a retail food establishment shall not distribute an expanded polystyrene product for use as a container for ready-to-eat food in this state. (2) If a retail food establishment purchased expanded …

(1) (a) Except as provided in subsections (1)(b) and (1)(c) of this section, a local government may enforce a violation of this part 5 against a store or retail food establishment that is located within the boundaries of the local government in the manner that the local governmen…

On and after July 1, 2024, a local government may enact, implement, or enforce any ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than this part 5. Source: L. 2021: Entire part added, (HB 21-1162), ch. 440, p. 2916, § 2, effective July…

Nothing in this part 5 prohibits or limits the use of any material used in the packaging of a product that is regulated as a drug, medical device, or dietary supplement by the food and drug administration in the United States department of health and human services under the "Fed…

As used in this part 6, unless the context otherwise requires: (1) "Administrator" means the third-party administrator with which the department contracts pursuant to section 25-17-602 (2). (2) "Circular economy" means an economy that uses a systems-focused approach and involves …

(1) Creation. The circular economy development center is hereby created in the department. The purpose of the center is to grow existing markets, create new markets, and provide necessary infrastructure, systems, logistics, and marketing to create a sustainable circular economy f…

This part 6 is repealed, effective September 1, 2030. Before the repeal, the functions of the center are scheduled for review in accordance with section 24-34-104. Source: L. 2022: Entire part added, (HB 22-1159), ch. 336, p. 2386, § 2, effective August 10.

The short title of this part 7 is the "Producer Responsibility Program for Statewide Recycling Act". Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2389, § 1, effective August 10.

(1) The general assembly finds and declares that: (a) Recycling has a positive impact on the environment and public health by saving energy, conserving natural resources, and reducing greenhouse gas emissions; (b) Recycling has a positive benefit on Colorado's economy, with the r…

As used in this part 7, unless the context otherwise requires: (1) "Additional producer responsibility organization" means a nonprofit organization designated by the department as an additional producer responsibility organization pursuant to section 25-17-708 (2)(b). (2) "Adviso…

(1) The producer responsibility program for statewide recycling advisory board is hereby created in the department. The department may select an impartial, third-party facilitator to convene and provide administrative support to the advisory board. (2) (a) The advisory board cons…

(1) (a) On or before June 1, 2023, producers or their designated agents shall establish a nonprofit organization to fulfill the requirements of this part 7 and shall provide notification to the department that includes: (I) The name, address, and contact information of a person r…

(1) (a) The organization shall develop a minimum recyclable list based on the availability of recycling services, recycling collection and processing infrastructure, and recycling end markets for covered materials, as determined by the needs assessment. (b) The organization shall…

(1) The organization shall develop and implement a statewide education and outreach program that is designed to increase the recycling and reuse of covered materials and includes education and outreach on: (a) Proper end-of-life management of covered materials; (b) The location a…

(1) Effective July 1, 2025, a producer shall not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, on or after January 1, 2029, except as set forth in the final plan or any other plan approved by the ex…

(1) (a) Except as set forth in a plan approved by the executive director pursuant to this part 7 on or after January 1, 2029, by a date determined by the organization that is no later than January 1, 2026, and annually thereafter by a date determined by the organization, a produc…

(1) If the organization, an additional producer responsibility organization, a person administering a plan approved by the executive director pursuant to this part 7, or a producer violates any portion of this part 7, the organization, additional producer responsibility organizat…

If the program or any other plan approved by the executive director pursuant to this part 7 engages in an activity performed solely in furtherance of implementing the program or plan and in compliance with this part 7, the activity is not a violation of the antitrust, restraint o…

Nothing in this part 7 affects a person's eligibility for any state or local incentive programs for which the person is otherwise eligible. Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2422, § 1, effective August 10.

(1) A producer is exempt from the requirements of this part 7 if the producer is: (a) A person with less than five million dollars in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year; (b) A person that has used less than one to…

A person shall not charge any kind of point-of-sale or point-of-collection fee to consumers to recoup its costs in meeting the obligations of or complying with this part 7. Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2423, § 1, effective August 10.

(1) There is hereby created in the state treasury the producer responsibility program for statewide recycling administration fund, referred to in this section as the "fund". The fund consists of all producer responsibility dues transferred to the fund pursuant to this section and…

Notwithstanding any law to the contrary, a private service provider is not required to provide recycling services under the program or any other plan approved by the executive director pursuant to this part 7. Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2424, § …

(1) The general assembly finds and declares that: (a) Composting and recycling are two of the most cost-effective climate change solutions that can be implemented; (b) Landfilling food scraps and yard trimmings causes these organic materials to decompose without oxygen, creating …

As used in this part 8, unless the context otherwise requires: (1) "ASTM 5988" means the ASTM International standard 5988 entitled "Standard Test Method for Determining Aerobic Biodegradation of Plastic Materials in Soil", as that standard existed as of January 1, 2019. (2) "ASTM…

(1) A producer of a product that is sold, offered for sale, or distributed in the state shall not represent the product as compostable in the state unless: (a) The product is certified compostable in accordance with ASTM D6400 or ASTM D6868, as applicable; and (b) To the extent c…

(1) A producer of a product that is not certified compostable shall not market or advertise the product in the state using: (a) Tinting, color schemes, labeling, or words that are required for products represented as compostable pursuant to section 25-17-803; or (b) Labeling, ima…

(1) On and after January 1, 2024, at the request of any person, including the attorney general, a producer shall provide information and documentation demonstrating the producer's compliance with this part 8 in a format that is easily understandable and scientifically accurate, w…

(1) The department shall, in collaboration with local governments, conduct education and outreach activities to inform retail establishments, consumers, producers, and retailers about the requirements and prohibitions of this part 8. (2) (a) On or before January 1, 2024, the depa…

This article shall be known and may be cited as the "Small Community Environmental Flexibility Act". Source: L. 95: Entire article added, p. 1005, § 1, effective July 1.

(1) The general assembly hereby finds and determines that small communities throughout the state are struggling to identify adequate resources, particularly for infrastructure improvements, to comply with the numerous environmental requirements that have been established by feder…

As used in this article, unless the context otherwise requires: (1) "Department" means the department of public health and environment created by section 25-1-102. (2) "Environmental priorities plan" means a plan prepared in accordance with section 25-19-104. (3) "Integrated envi…

(1) Any small community wishing to enter into an integrated environmental compliance agreement pursuant to section 25-19-105 shall submit to the department on or before July 1, 1998, an environmental priorities plan prepared in accordance with the provisions of this section; exce…

(1) The department is authorized to enter into integrated environmental compliance agreements with small communities in accordance with the provisions of this section. (2) The environmental requirements that may be addressed in an integrated environmental compliance agreement are…