C.R.S. Section 25-17-704
Producer responsibility program for statewide recycling advisory board

  • creation
  • membership

(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)

Intentionally left blank —Ed.

(a)

The advisory board consists of the following thirteen voting members and two nonvoting members appointed by the executive director:

(I)

Three voting members representing local governments in the state, including:

(A)

One member representing a municipality or city and county;

(B)

One member representing a county; and

(C)

One member representing a local government not located in the front range;

(II)

One voting member representing a materials recovery facility;

(III)

One voting member representing a hauler of recyclable materials, whether representing the public or private sector;

(IV)

One voting member representing an environmental or community-based nonprofit organization;

(V)

One voting member representing a packaging material supplier that is not a producer, with the member rotating to a packaging material supplier of a different type of packaging material after each new term;

(VI)

One voting member representing a manufacturer of recycled paper products that is not a producer;

(VII)

One voting member representing a trade association, chamber of commerce, or other business advocacy organization representing businesses that are headquartered in the state;

(VIII)

One voting member representing a retailer’s association or a retailer that is not a producer;

(IX)

One voting member representing a compost facility;

(X)

One voting member who has experience in environmental justice and representing underserved communities;

(XI)

One voting member representing a solid waste landfill or transfer station operating an on-site, public-facing recycling collection program;

(XII)

One nonvoting member representing the department; and

(XIII)

One nonvoting member representing the producer responsibility organization.

(b)

Intentionally left blank —Ed.

(I)

The members of the advisory board must have relevant knowledge and expertise in recycling programs or the impacts of covered materials on the state and the environment.

(II)

In appointing members, the executive director shall ensure to the extent possible the geographic diversity of the advisory board’s membership, including regions outside of the front range.

(3)

The executive director shall make all appointments to the advisory board no later than December 31, 2022. The appointments for initial terms to the advisory board shall be staggered so that some of the members serve initial two-year terms and other members serve initial three-year terms, and all members serve subsequent terms of three years. The executive director shall fill any vacancy by appointment for the remainder of the unexpired term.

(4)

The advisory board shall convene its first meeting no later than March 1, 2023. At the first meeting, the voting members shall select a chair and vice-chair from among the voting members for a term not to exceed two years, as determined by the advisory board. The advisory board shall conduct annual meetings and may conduct meetings more frequently upon the request of the chair or of at least seven of the voting members of the advisory board. The organization may provide technical and staff assistance to the advisory board.

(5)

The advisory board is subject to the open meetings provisions of the “Colorado Sunshine Act of 1972”, contained in part 4 of article 6 of title 24, and the “Colorado Open Records Act”, part 2 of article 72 of title 24.

(6)

Advisory board members are entitled to be reimbursed at a rate consistent with other boards and commissions created within the department for necessary travel within the state and other reasonable expenses incurred in the performance of their official duties.

(7)

The advisory board shall:

(a)

Advise the organization throughout the needs assessment process in accordance with section 25-17-705 (3)(b);

(b)

Review the needs assessment reported to the advisory board pursuant to section 25-17-705 (3)(c);

(c)

Review the plan proposal submitted under section 25-17-705 (4);

(d)

Consult with the organization on amendments to the plan proposal and the amended plan proposal;

(e)

Recommend that the executive director approve or reject the plan proposal or amended plan proposal;

(f)

Review the annual report submitted by the organization under section 25-17-709 (2)(a); and

(g)

Consult with the organization on the development and updating of the minimum recyclable list.

(8)

In consultation with the organization, the advisory board may recommend amendments to the final plan to the executive director for inclusion in the annual report under section 25-17-709 (2)(c).

Source: Section 25-17-704 — Producer responsibility program for statewide recycling advisory board - creation - membership, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-25.­pdf (accessed Oct. 20, 2023).

25‑17‑101
Legislative declaration
25‑17‑102
Definitions
25‑17‑103
Labeling and coding
25‑17‑104
Local government preemption - repeal
25‑17‑105
Pilot program - recycled plastic and products - rules
25‑17‑105.5
Pilot program - cathode ray tube product recycling
25‑17‑301
Short title
25‑17‑302
Definitions
25‑17‑303
Landfill ban - rules
25‑17‑304
State electronic device recycling - rules
25‑17‑305
Immunity
25‑17‑306
Public education
25‑17‑307
Charitable donations of electronic devices
25‑17‑308
Rules
25‑17‑401
Short title
25‑17‑402
Legislative declaration
25‑17‑403
Definitions
25‑17‑404
Paint stewardship program plan - assessment - rules - fees
25‑17‑405
Paint stewardship program requirements - annual reports - customer information
25‑17‑406
Retail sales - requirements - paint stewardship assessment added to purchase price - customer information
25‑17‑407
Violations - enforcement - administrative penalty
25‑17‑408
Fees - cash fund - creation
25‑17‑409
Certificate of designation not required
25‑17‑410
Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions
25‑17‑501
Short title
25‑17‑502
Legislative declaration
25‑17‑503
Definitions - rules
25‑17‑504
Restrictions on use of single-use plastic carryout bag - inventory exception - repeal
25‑17‑505
Carryout bag fee - disposition of money - repeal
25‑17‑506
Prohibition on use of expanded polystyrene food containers
25‑17‑507
Enforcement - possible penalties
25‑17‑508
Local government regulation - preemption
25‑17‑509
Exemption for medical products
25‑17‑601
Definitions
25‑17‑602
Circular economy development center - creation - administration - reports - repeal
25‑17‑603
Repeal of part
25‑17‑701
Short title
25‑17‑702
Legislative declaration
25‑17‑703
Definitions
25‑17‑704
Producer responsibility program for statewide recycling advisory board - creation - membership
25‑17‑705
Producer responsibility program for statewide recycling - needs assessment - plan proposal - rules
25‑17‑706
Minimum recyclable list - convenience standards
25‑17‑707
Education and outreach program
25‑17‑708
Producer requirements - additional producer responsibility organization - coordination plan - rules - confidentiality - compliance with local government codes - audit
25‑17‑709
Producer responsibility dues - inspection of records - annual reporting
25‑17‑710
Violations - enforcement - administrative penalty - injunction
25‑17‑711
Limited exemption from antitrust, restraint of trade, and unfair trade practices provisions
25‑17‑712
Eligibility for state or local incentive programs
25‑17‑713
Producer exemptions - rules
25‑17‑714
Restriction on fees
25‑17‑715
Producer responsibility program for statewide recycling administration fund - creation - purpose
25‑17‑716
No obligation to provide recycling services
25‑17‑801
Legislative declaration
25‑17‑802
Definitions
25‑17‑803
Requirements for products represented as compostable
25‑17‑804
Marketing and advertising prohibitions for products that are not certified compostable - misleading labels, images, and words - plastic products
25‑17‑805
Proof of compliance - information on commercial composting environment
25‑17‑806
Education and outreach - complaint forum
25‑17‑901
Definitions
25‑17‑902
Organics diversion study - report - funding
25‑17‑903
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 25-17-704’s source at colorado​.gov