ASLA - Colorado

HB21-1042 Water Storage Tanks Grant Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Water Storage Tanks Grant Program
Sponsors: R. Hanks
Summary:

The bill establishes the water storage tank wildfire mitigation grant program (grant program) within the forest service. Grant recipients may use grant money to purchase water storage tanks for wildfire firefighting efforts. The grant program only awards grants to entities that are an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit or not-for-profit organization that is registered and in good standing with the secretary of state's office. In awarding grants, the forest service considers the potential impact of additional water storage tanks in the applicant's jurisdiction or area.

Grant recipients are required to report to the forest service, and the forest service is required to annually report on the grant program to the wildfire matters review committee.

The bill also creates the water storage tank wildfire mitigation cash fund. Money in the fund is used to implement the grant program. The general assembly is required to transfer $5 million into the fund beginning September 1, 2021, through and including the 2024-25 fiscal year.


(Note: This summary applies to this bill as introduced.)

Status: 2/16/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
3/1/2021 House Committee on Agriculture, Livestock, & Water Postpone Indefinitely
Amendments:

HB21-1045 Invasive Pest Control Administration 
Comment:
Calendar Notification: Thursday, April 15 2021
SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE
1:30 PM Old Supreme Court
(3) in senate calendar.
Short Title: Invasive Pest Control Administration
Sponsors: M. Young (D) | D. Valdez (D) / R. Fields (D)
Summary:

The bill creates the emergency invasive-pest response fund (fund), which is subject to annual appropriation. The commissioner of agriculture (commissioner) may expend money from the fund to implement the bill and emergency measures to control or eradicate invasive pests. The state agricultural commission (commission) may request that, at the end of each fiscal year, money in the plant health, pest control, and environmental protection cash fund be transferred to the fund. The commissioner is authorized to seek and expend gifts, grants, or donations from private or public sources for the new fund.

The commissioner may:

  • Enter into an agreement with any person or local government to provide pest control services. The department of agriculture may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The remuneration is deposited in the fund.
  • Work cooperatively with the United States secretary of agriculture to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest; and
  • Quarantine anything that harbors a pest if the pest has an economically unacceptable impact and if the measures to control the pest may achieve an acceptable level of official control.

If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest.

The commission may establish procedures for determining what is a public nuisance. A board of county commissioners may declare a pest to be a public nuisance and require its control or eradication.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/16/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
2/22/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to House Committee of the Whole
2/25/2021 House Second Reading Laid Over to 03/01/2021 - No Amendments
3/1/2021 House Second Reading Laid Over Daily - No Amendments
3/2/2021 House Second Reading Laid Over to 03/04/2021 - No Amendments
3/4/2021 House Second Reading Passed with Amendments - Floor
3/5/2021 House Third Reading Passed - No Amendments
3/10/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
Amendments:

House Journal, March 4
42 Amendment No. 1, by Representative Young.
43
1 Amend printed bill, page 4, after line 2 insert:
2
3 "(5) THE DEPARTMENT SHALL REPORT ANNUALLY THE AMOUNT
4 AND SOURCE OF MONEY RECEIVED UNDER THIS SECTION IN THE PRIOR
5 FISCAL YEAR AT THE HEARING REQUIRED BY THE "STATE MEASUREMENT
6 FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
7 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
8
9 Page 4, strike lines 24 through 26 and substitute:
10
11 "(6) "ERADICATE" MEANS THE COMPLETE ELIMINATION OF A PEST
12 AND ITS PARTS CAPABLE OF REPRODUCTION BASED ON ITS ABSENCE AS
13 DETERMINED BY A NEGATIVE VERIFICATION SURVEY FOR THE TARGET
14 PEST.".
15
16 Page 5, after line 7 insert:
17
18 "(9) "LOCAL GOVERNMENT" MEANS A COUNTY, MUNICIPALITY,
19 CITY AND COUNTY, OR PEST CONTROL DISTRICT.".
20
21 Renumber succeeding subsections accordingly.
22
23 Page 5, strike lines 19 through 22 and substitute:
24
25 "(6) (13) (a) "Pests" means ORGANISMS THAT CAUSE HARM TO
26 AGRICULTURE OR NATURAL LANDS.
27 (b) "PESTS" INCLUDES insect pests, PLANT PESTS, and animal pests,
28 except rodents, jackrabbits, and predatory animals, and includes plant
29 diseases and weeds.
30 (c) For purposes of section 35-4-107, the definition of pests shall
31 DOES not include NOXIOUS weeds.".
32
33 Page 5, strike line 27.
34
35 Page 6, strike lines 1 through 3 and substitute:
36
37 "(15) "PLANT PEST" MEANS ANY LIVING STAGE OF A PEST THAT
38 CAN, DIRECTLY OR INDIRECTLY, CAUSE DISEASE IN, SPOILAGE OF, OR
39 DAMAGE TO PLANTS, PLANT PARTS, OR PROCESSED PLANT MATERIALS.
40 (16) "PLANT PRODUCT" MEANS UNMANUFACTURED MATERIAL OF
41 PLANT ORIGIN THAT, BY THE PRODUCT'S NATURE, MAY CREATE A RISK FOR
42 THE INTRODUCTION AND SPREAD OF PESTS.".
43
44 Renumber succeeding subsections accordingly.
45
46 Page 6, line 7, strike "NOXIOUS".
47
48 Page 6, after line 11 insert:
49
50 "(18) "QUARANTINE" MEANS THE OFFICIAL CONFINEMENT OF
51 REGULATED ARTICLES FOR, REGULATED PESTS FOR, OR ORGANISMS FOR
52 INSPECTION, TESTING, TREATMENT, OBSERVATION, OR RESEARCH.".
53
54 Renumber succeeding subsections accordingly.
55
56 Page 6, strike lines 15 through 21 and substitute:
1 "(20) "REGULATED NONQUARANTINE PEST" MEANS A PEST THAT
2 IS:
3 (a) PRESENT IN COLORADO; AND
4 (b) UNDER A MANDATED CONTROL PROGRAM DUE TO SPECIFIC
5 LOCAL CIRCUMSTANCES, NOTWITHSTANDING THAT THE PEST MAY BE
6 WIDELY DISTRIBUTED IN THE UNITED STATES.
7 (21) "REGULATED PEST" MEANS A QUARANTINE PEST OR A
8 REGULATED NONQUARANTINE PEST DESIGNATED BY FEDERAL OR STATE
9 PLANT PROTECTION OFFICIALS.
10 (9) (22) "Weeds" "WEED" means any noxious, destructive or
11 troublesome".
12
13 Page 6, line 23, strike "welfare." and substitute "welfare OR AFFECT
14 NATURAL RESOURCES.".
15
16 Page 7, line 17, before "PEST" insert "REGULATED".
17
18 Page 7, strike line 27.
19
20 Page 8, strike lines 1 and 2 and substitute:
21
22 "(2) A BOARD OF COUNTY COMMISSIONERS MAY DECLARE A PEST
23 TO BE A PUBLIC NUISANCE AND REQUIRE ITS CONTROL OR ERADICATION.".
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
27



HB21-1056 Cost Thresholds For Public Project Bidding Requirements 
Comment:
Calendar Notification: Monday, April 12 2021
THIRD READING OF BILLS - FINAL PASSAGE
(1) in house calendar.
Short Title: Cost Thresholds For Public Project Bidding Requirements
Sponsors: R. Pelton (R) / C. Hansen (D)
Summary:

Under current law, the requirements of the "Construction Bidding for Public Projects Act" (act) generally apply to a public project if the cost of the project is reasonably expected to exceed $500,000 for any fiscal year; except that a public project supervised by the department of transportation (CDOT) is subject to the requirements of the act if the cost of the project is reasonably expected to exceed $150,000 for any fiscal year. The bill:

  • Repeals the lower cost amount for CDOT projects, which means that the requirements of the act, including the requirement that CDOT prepare a bid estimate when it proposes to undertake a project itself rather than awarding the project to a contractor through competitive bidding, will apply to a CDOT project only if the cost of the project is reasonably expected to exceed $500,000 for any fiscal year; and
  • Increases from $50,000 to $100,000 the maximum cost for a CDOT project that is exempt from transportation commission approval.

The bill also limits the existing requirement that CDOT pay all employees performing work on any public project local prevailing wages in accordance with specified federal acts to projects that cost more than $500,000.


(Note: This summary applies to this bill as introduced.)

Status: 2/16/2021 Introduced In House - Assigned to Transportation & Local Government + Business Affairs & Labor
3/30/2021 House Committee on Transportation & Local Government Refer Amended to Business Affairs & Labor
4/7/2021 House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
4/9/2021 House Second Reading Passed with Amendments - Committee
4/12/2021 House Third Reading Passed - No Amendments
Amendments:

House Journal, March 31
36 HB21-1056 be amended as follows, and as so amended, be referred to
37 the Committee on Business Affairs & Labor with
38 favorable recommendation:
39
40 Amend printed bill, page 2, strike line 3 and substitute "the introductory
41 portion and (8)(c) as follows:".
42
43 Page 2, strike lines 6 through 16 and substitute:
44
45 "(8) (c) "Public project" does not include any project under the
46 supervision of the department of transportation for which appropriation
47 or expenditure of funds may be reasonably expected not to exceed one
48 TWO hundred fifty thousand dollars in the aggregate of any fiscal year.".
49
50 Page 3, line 12, strike "FIVE HUNDRED" and substitute "TWO HUNDRED
51 FIFTY".
52
53 Page 3, line 16, strike "FIVE HUNDRED" and substitute "TWO HUNDRED
54 FIFTY".
55
56
1 Page 3, after line 19 insert:
2
3 "SECTION 3. In Colorado Revised Statutes, add 24-92-114 as
4 follows:
5 24-92-114. Department of transportation - reporting
6 requirements. (1) THE DEPARTMENT OF TRANSPORTATION SHALL
7 ANNUALLY IDENTIFY IN A REPORT TO THE TRANSPORTATION COMMISSION
8 AND TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE OF THE
9 GENERAL ASSEMBLY ALL HIGHWAY MAINTENANCE PROJECTS FOR THE
10 REPORTING YEAR COSTING MORE THAN ONE HUNDRED FIFTY THOUSAND
11 DOLLARS BUT NOT MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
12 THAT:
13 (a) THE DEPARTMENT IS COMPLETING USING ITS OWN EMPLOYEES;
14 (b) THE DEPARTMENT AWARDED BY INVITATION FOR BIDS
15 PURSUANT TO SECTION 24-92-103 OR BY COMPETITIVE SEALED BEST
16 VALUE BIDDING PURSUANT TO SECTION 24-92-103.5; OR
17 (c) FOR WHICH THE DEPARTMENT SOLICITED BUT DID NOT RECEIVE
18 BIDS PURSUANT TO SECTION 24-92-103 OR 24-92-103.5.
136 19 (2) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-
20 (11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN
21 SUBSECTION (1) OF THIS SECTION CONTINUES INDEFINITELY.".
22
23 Renumber succeeding sections accordingly.
24
25 Page 3, line 25, after "that" insert "A CONTRACTOR PERFORMING WORK ON
26 A PUBLIC PROJECT FOR".
27
28 Page 3, line 26, strike "project THAT COSTS MORE".
29
30 Page 3, strike line 27 and substitute "project, regardless of the amount
31 or".
32
33 Page 4, line 3, after "ACTS." add "ANY WORK PERFORMED ON A PUBLIC
34 PROJECT UNDER THE SUPERVISION OF THE DEPARTMENT OF
35 TRANSPORTATION THAT IS ELECTRICAL WORK, AS DEFINED IN SECTION
36 12-115-103 (5), MUST UTILIZE LICENSED JOURNEYMEN ELECTRICIANS, AS
37 DEFINED IN SECTION 12-115-103 (6), LICENSED MASTER ELECTRICIANS, AS
38 DEFINED IN SECTION 12-115-103 (7), OR REGISTERED AND PROPERLY
39 SUPERVISED APPRENTICES, AS DEFINED IN SECTION 12-115-103 (1),
40 REGARDLESS OF WHETHER THE WORK IS PERFORMED BY DEPARTMENT OF
41 TRANSPORTATION EMPLOYEES OR PERFORMED BY A CONTRACTOR ON
42 BEHALF OF THE DEPARTMENT OF TRANSPORTATION.".
43
44

House Journal, April 7
26 HB21-1056 be amended as follows, and as so amended, be referred to
27 the Committee of the Whole with favorable
28 recommendation:
29
30 Amend printed bill, page 3, line 15, after "HUNDRED" insert "FIFTY".
31
32

House Journal, April 9
10 Amendment No. 1, Business Affairs & Labor Report, dated April 7, 2021,
11 and placed in member's bill file; Report also printed in House Journal,
12 April 7, 2021.
13
14 Amendment No. 2, Transportation & Local Government Report, dated
15 March 30, 2021, and placed in member's bill file; Report also printed in
16 House Journal, March 30, 2021.
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20



HB21-1117 Local Government Authority Promote Affordable Housing Units 
Comment:
Calendar Notification: Tuesday, April 20 2021
SENATE STATE, VETERANS, & MILITARY AFFAIRS COMMITTEE
2:00 PM Old Supreme Court
(3) in senate calendar.
Short Title: Local Government Authority Promote Affordable Housing Units
Sponsors: S. Lontine (D) | S. Gonzales-Gutierrez (D) / J. Gonzales (D) | R. Rodriguez (D)
Summary:

The bill clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The bill clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The bill also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control .

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/16/2021 Introduced In House - Assigned to Transportation & Local Government
3/10/2021 House Committee on Transportation & Local Government Refer Unamended to House Committee of the Whole
3/16/2021 House Second Reading Laid Over Daily - No Amendments
3/19/2021 House Second Reading Passed with Amendments - Floor
3/22/2021 House Third Reading Passed - No Amendments
3/25/2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Amendments:

House Journal, March 19
10 Amendment No. 1, by Representative Lontine.
11
12 Amend printed bill, page 3, line 13, after the period add "NOTHING IN
13 THIS SUBSECTION (1)(e.5) IS CONSTRUED TO AUTHORIZE A LOCAL
14 GOVERNMENT TO ADOPT OR ENFORCE ANY ORDINANCE OR REGULATION
15 THAT WOULD HAVE THE EFFECT OF CONTROLLING RENT ON ANY EXISTING
16 PRIVATE RESIDENTIAL HOUSING UNIT IN VIOLATION OF SECTION
17 38-12-301.".
18
19 Page 3, strike line 15 and substitute "takes effect at 12:01 a.m. on the day
20 following the expiration of the ninety-day period after final adjournment
21 of the general assembly; except that, if a referendum petition is".
22
23 As amended, ordered engrossed and placed on the Calendar for Third
24 Reading and Final Passage.
25



HB21-1147 Simplify Architects Continuing Education Requirement 
Comment:
Calendar Notification: Monday, April 12 2021
SENATE BUSINESS, LABOR, & TECHNOLOGY COMMITTEE
1:30 PM SCR 352
(3) in senate calendar.
Short Title: Simplify Architects Continuing Education Requirement
Sponsors: D. Valdez (D) | K. Van Winkle (R) / C. Hansen (D) | C. Simpson
Summary:

The practice act for professional architects directs the department of regulatory agencies to adopt rules establishing requirements for continuing education and also requiring an architect to demonstrate retention of the material presented in the continuing education program or course. The requirement to demonstrate program or course material retention is not typical among licensed professionals in Colorado and is not common practice in other states.

The bill removes the material retention requirement, allowing an architect to renew a license upon demonstrating compliance with the continuing education requirement alone, as do all other licensed professionals with continuing education requirements in Colorado.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/3/2021 Introduced In House - Assigned to Business Affairs & Labor
3/17/2021 House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole
3/19/2021 House Second Reading Passed - No Amendments
3/22/2021 House Third Reading Passed - No Amendments
3/24/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2021 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
Amendments:

HB21-1266 Environmental Justice Disproportionate Impacted Community 
Comment:
Calendar Notification: Thursday, April 22 2021
State Library Energy & Environment
1:30 p.m. Room Old
(2) in house calendar.
Short Title: Environmental Justice Disproportionate Impacted Community
Sponsors: D. Jackson (D) / F. Winter (D) | J. Buckner
Summary:

Section 3 of the bill defines "disproportionately impacted community".Section 4 requires the air quality control commission to promote outreach to and engage with disproportionately impacted communities by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 5 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means of addressing environmental justice inequities. The task force will:

  • Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities;
  • Evaluate and propose recommended revisions to the definition of "disproportionately impacted community" and the state agencies and their proposed actions that are subject to section 3; and
  • File a final report by November 14, 2022, regarding its recommendations.

The department will report on the task force during the department's "SMART Act" presentations.


(Note: This summary applies to this bill as introduced.)

Status: 4/6/2021 Introduced In House - Assigned to Energy & Environment
Amendments:

SB21-084 Local Government Authority Roughed-in Roads 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Local Government Authority Roughed-in Roads
Sponsors: J. Smallwood (R) / M. Gray (D)
Summary:

Current law allows local governments to prohibit the operation of trucks and commercial vehicles on designated roads. The bill expands this to allow local governments to prohibit the operation of motor vehicles or off-highway vehicles on roughed-in roads, which are areas where the ground has been cut with the intention to make a road but has not been improved enough to qualify as a road.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 2/16/2021 Introduced In Senate - Assigned to Local Government
3/9/2021 Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
3/12/2021 Senate Second Reading Passed with Amendments - Committee
3/12/2021 Senate Second Reading Laid Over Daily - No Amendments
3/17/2021 Senate Third Reading Passed - No Amendments
3/19/2021 Introduced In House - Assigned to Transportation & Local Government
4/6/2021 House Committee on Transportation & Local Government Refer Unamended to House Committee of the Whole
4/8/2021 House Second Reading Passed - No Amendments
4/9/2021 House Third Reading Passed - No Amendments
Amendments:

Senate Journal, March 10
After consideration on the merits, the Committee recommends that SB21-084 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 2, line 21, after "MOTOR" insert "OR OFF-HIGHWAY".




SB21-165 Colorado Department Of Transportation Project Procurement Methods 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Department Of Transportation Project Procurement Methods
Sponsors: R. Scott (R)
Summary:

Section 2 of the bill requires the Colorado department of transportation (CDOT) to solicit construction contracts for public projects by invitation for bids, also known as the design bid build method of procurement, unless CDOT determines, based on specific written findings that CDOT posts on its website prior to awarding a contract, that it is not feasible to do so and that soliciting the contract through an alternative procurement method authorized by law such as competitive sealed best value bidding, an integrated product delivery contract, a public-private initiative, or a design-build contract is likely to cause the project to be completed faster, at a lower cost, or to a higher standard of quality than if the project was solicited by an invitation for bids. Section 4 prohibits CDOT from refusing to prequalify a contractor to bid on CDOT projects or reducing the scope of prequalification granted based on the contractor's lack of prior opportunity to demonstrate performance on past department contracts if the bidder can demonstrate its experience, past performance, expertise, and financial capacity through its work on construction contracts in other states or for county, municipal, or other local governments in Colorado.Sections 3, 5, 6, 7, 9, 11, and 12 ensure that the requirements and prohibitions set forth in sections 2 and 4 apply to CDOT project procurement through the alternative methods of competitive sealed best value bidding, integrated product delivery contracts, public-private initiatives, and design-build contracts.Section 8 requires CDOT to disclose to the public its rationale for selecting a specific participating entity to which it has awarded an integrated product delivery contract. Section 10 requires CDOT to disclose to the public its rationale for entering into the public-private initiative agreement for a project in lieu of soliciting a contractor for the project by invitation for bids or for best value bids and its rationale for selecting each private or public entity that is a party to the agreement over any other unselected private or public entities that submitted comparable proposals.
(Note: This summary applies to this bill as introduced.)

Status: 3/2/2021 Introduced In Senate - Assigned to Transportation & Energy
3/25/2021 Senate Committee on Transportation & Energy Postpone Indefinitely
Amendments:

SB21-180 Recycling And Composting Enterprise Grant Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Recycling And Composting Enterprise Grant Program
Sponsors: K. Priola (R) / S. Bird (D) | B. Titone (D)
Summary:

The bill creates the Colorado recycling and composting infrastructure enterprise (enterprise) within the department of public health and environment (department) to develop and modernize the recycling and composting infrastructure in the state. The enterprise is authorized to issue revenue bonds.

The bill creates the Colorado recycling and composting infrastructure enterprise grant program (grant program) within the department to provide grants to eligible entities to:

  • Create new or expand existing recycling, recovery, and composting operations;
  • Create markets for recycled materials, including the use of food service packaging as feedstock in the production of new products; and
  • Facilitate recycling, composting, litter cleanup, and education efforts concerning recycling and composting practices.

The bill creates the Colorado recycling and composting infrastructure enterprise board (enterprise board) to administer the grant program and submit an annual report concerning the grant program.

The bill creates the Colorado recycling and composting infrastructure enterprise grant program cash fund (cash fund) and requires the enterprise board to award grants from the cash fund.

The bill allows the executive board to promulgate rules to implement the grant program and requires the solid and hazardous waste commission (commission) to promulgate rules establishing a process for calculating the rates at which common types of food service packaging are being recycled or composted in the state, based on recently available data. On or before January 1, 2025, the commission must use the process to calculate such rates. Thereafter, the commission must recalculate each rate at least every 2 years. The enterprise board must evaluate the rates and advise the commission regarding their accuracy.

The bill requires the enterprise to determine and impose a fee on food service packaging that is initially sold or offered for sale in the state, as follows:

  • On and after January 1, 2022, and until January 1, 2030, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed three-tenths of a cent on each unit of the food service packaging;
  • On and after January 1, 2030, and until January 1, 2035, if the food service packaging is a type of food service packaging for which the commission has calculated a recycling or composting rate that is less than 50%, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed six-tenths of a cent on each unit of the food service packaging; and
  • On and after January 1, 2035, if the food service packaging is a type of food service packaging for which the commission has calculated a recycling or composting rate that is less than 75%, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed one cent on each unit of the food service packaging.

The enterprise shall collect the fee from the distributor that initially sells the food service packaging into the state. All money collected as fees must be deposited into the cash fund.

The bill requires the commission to conduct an assessment of the state's recycling and composting infrastructure on or before January 1, 2022, including examining the types of food service packaging being collected, processed, recycled, or composted in the state.


(Note: This summary applies to this bill as introduced.)

Status: 3/10/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
3/22/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Finance
Amendments:

Senate Journal, March 23
After consideration on the merits, the Committee recommends that SB21-180 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 9, line 27, strike "THREE" and substitute "FOUR".

Page 10, line 1, strike "APPROPRIATED OR TRANSFERRED TO" and substitute
"DEPOSITED INTO".

Page 15, line 27, strike "JANUARY 1, 2022," and substitute "JULY 1, 2023,".

Page 17, line 15, strike "JUNE 30, 2022." and substitute "JANUARY 1, 2024.".


Business,
Labor, &
Technology