Colorado § 25-17-704 - Producer responsibility program for statewide recycling advisory board - creation - membership.

§ 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) (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) (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: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2398, § 1, effective August 10.