NOTE: The governor signed this measure on 4/6/2012.
      
      
      SENATE BILL 12-077
      
      
      BY SENATOR(S) Jahn, Cadman, Johnston, Newell, Steadman, White,
      Williams S., Brophy, Giron, Grantham, King S., Lambert, Lundberg,
      Neville, Renfroe, Scheffel;
      also REPRESENTATIVE(S) Sonnenberg, Summers, Coram, Labuda,
      Nikkel, Swerdfeger, Szabo, Kerr A., Kerr J., Liston, Schafer S., Young.
      
      
      Concerning the repeal of laws under which the Colorado
           department of public health and environment regulates
           certain activities associated with yellow grease.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 30-20-123, amend (1),
      (2) (d), and (2) (i); and add (13) as follows:
      
           30-20-123.  Trap grease - registration - fees - record-keeping -
      violations - rules - definitions - legislative declaration. (1)  The general
      assembly hereby finds, determines, and declares that the safe and proper
      collection, transportation, and disposal of yellow grease and trap grease is
      a matter of statewide concern and that state oversight of persons and
      vehicles engaged in such actions is necessary to protect the public health
      and environment. The general assembly further declares that the state's
      sharing of data generated under this section with local entities that regulate
      waste disposal will enhance protection of the public health and
      environment, and, to that end, the department is encouraged to share such
      information with such other regulating entities.
      
           (2)  As used in this section, unless the context otherwise requires:
      
           (d)  "Grease" means trap grease or yellow grease in a quantity in
      excess of an amount determined by the commission by rule.
      
           (i)  "Trap grease" means the residual yellow grease, waste water, and
      debris principally derived from food preparation or processing, or other
      waste, that is intercepted by and contained in grease traps or grease
      interceptors.
      
           (13)  The department is not authorized to regulate any
      yellow grease that is not intercepted by and contained in grease
      traps or grease interceptors.
      
           SECTION 2.  In Colorado Revised Statutes, 30-20-113, amend (1)
      (d) as follows:
      
           30-20-113.  Inspection - enforcement - nuisances - violations -
      civil penalty. (1)  No person shall:
      
           (d)  Collect, transport, store, process, or dispose of trap grease or
      yellow grease in any manner that violates section 30-20-123 or any rule
      promulgated pursuant thereto.
      
           SECTION 3.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Brandon C. Shaffer                      Frank McNulty
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Cindi L. Markwell                      Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO