First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0077.01 Thomas Morris HOUSE BILL 11-1094 HOUSE SPONSORSHIP Hullinghorst and Gardner D., Pabon SENATE SPONSORSHIP Aguilar, House Committees Senate Committees Local Government A BILL FOR AN ACT Concerning the measurement of solid waste diverted from landfills. 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://www.leg.state.co.us/billsummaries.) The bill requires: A city, or a city and county, with a population of 25,000 or more to annually report to the department of public health and environment the quantity and categories of solid waste that originated in the area served by that city or city and county and that were diverted or disposed of; The department to annually report to the solid and hazardous waste commission a synopsis of the information reported by local governments and, by September 1 of each year following the initial year of data collection, make recommendations to the commission regarding opportunities to increase the amount and types of solid waste and other materials diverted from landfills; and The commission to adopt rules and, by January 1, 2014, to report its findings regarding opportunities to increase diversion to the general assembly's committees with jurisdiction over health. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 30-20-101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 30-20-101. Definitions. As used in this part 1, unless the context otherwise requires: (2.1) "Diversion" or "diverted" means solid waste and other materials that were not disposed of in a landfill because the solid waste or materials were reused, recycled, composted, or otherwise put to a beneficial use. SECTION 2. 30-20-109, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to read: 30-20-109. Commission to promulgate rules - definitions. (5) The solid and hazardous waste commission shall promulgate rules that specify: (a) The date the reporting requirements established pursuant to section 30-20-122 (3) (a) begin and the period to which the reporting applies; (b) The format the reports must follow; (c) Standards for determining quantities of solid waste; (d) Categories of local governments that are exempt from section 30-20-122 (3); (e) Categories of solid waste that must be reported; and (f) Activities that will be considered to have diverted solid waste. (6) By January 1, 2014, the solid and hazardous waste commission shall: (a) Make recommendations regarding the items specified in section 30-20-122 (3) (b); and (b) Report to the health and environment committee of the house of representatives and the health and human services committee of the senate, or their successor committees, regarding the recommendations to increase the amount of solid waste and other materials that is and can be diverted, including specific categories of solid waste types, material types, and evaluation of potential recycling goals. SECTION 3. 30-20-122, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read: 30-20-122. Additional duties of the department - data collection on recycling, solid waste, and solid waste diversion - report. (3) (a) Every municipality and city and county that has a population of twenty-five thousand or more shall, and any local government may, report to the department no later than May 30 of each year the quantity and categories of solid waste and other materials that originated in that municipality or city and county during the immediately preceding twelve months and that were diverted or disposed of in accordance with the rules of the solid and hazardous waste commission. (b) The department shall, by September 1, 2013, and annually thereafter, present a report with recommendations to the solid and hazardous waste commission with an evaluation of the collected data and opportunities to increase the amount of solid waste and other materials that is diverted, including specific categories of solid waste types, material types, and evaluation of potential recycling goals. SECTION 4. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.