Colorado § 25-17-708 - Producer requirements - additional producer responsibility organization - coordination plan - rules - confidentiality - compliance with local government codes - audit.

§ 25-17-708. Producer requirements - additional producer responsibility organization - coordination plan - rules - confidentiality - compliance with local government codes - audit.

(1) Effective July 1, 2025, a producer shall not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, on or after January 1, 2029, except as set forth in the final plan or any other plan approved by the executive director pursuant to this part 7. A producer must report the data necessary to meet its plan obligations and may use prorated national data if state-specific data is not available or feasible to generate.

(2) (a) On January 1, 2029, and every January 1 thereafter, a nonprofit organization may request that the executive director designate the nonprofit organization as an additional producer responsibility organization.

(b) The executive director may designate a nonprofit organization as an additional producer responsibility organization if the executive director, in coordination with the advisory board, determines that the designation of the additional producer responsibility organization is necessary to:

(I) Increase recycling rates;

(II) Expand recycling services to covered entities that are not covered under the final plan; or

(III) Provide recycling services for a specific type of covered material.

(c) If the executive director designates an additional producer responsibility organization pursuant to subsection (2)(b) of this section, the additional producer responsibility organization shall submit a coordination plan to the executive director for approval in accordance with the rules promulgated pursuant to this subsection (2)(c). Within one hundred twenty days after the designation of the first additional producer responsibility organization, the executive director shall promulgate by rule standards and requirements for a coordination plan and for coordination between the organization and any additional producer responsibility organizations designated by the executive director. A coordination plan approved or ordered by the executive director shall be implemented by the organization and any additional producer responsibility organizations designated by the executive director. If the coordination plan conflicts with the final plan or any other plan approved by the executive director pursuant to this part 7, the provisions of the coordination plan prevail. A coordination plan approved or ordered by the executive director is valid until revoked or until a new coordination plan is approved or ordered by the executive director.

(3) The executive director, the advisory board, the organization, an additional producer responsibility organization, and any other person administering a plan approved by the executive director pursuant to this part 7:

(a) Must keep confidential any proprietary information provided by a producer; and

(b) Shall not include any proprietary information provided by a producer in the plan proposal, the amended plan proposal, the final plan, any other plan approved by the executive director pursuant to this part 7, or any amendment to the final plan or other plan approved by the executive director pursuant to this part 7.

(4) (a) The program and any other plan approved by the executive director pursuant to this part 7 must comply with any fire, solid waste, or other relevant ordinances or resolutions adopted by a local government and with applicable state and federal laws, including the exemptions set forth in section 30-20-102 (5).

(b) Notwithstanding any law to the contrary, a local government is not required to provide recycling services under the program or any other plan approved by the executive director pursuant to this part 7. To the extent that a local government elects to provide recycling services under the program or any other plan approved by the executive director pursuant to this part 7, the organization, additional producer responsibility organization, or other person responsible for administering a plan approved by the executive director under this part 7 shall reimburse the local government for those recycling services in accordance with section 25-17-706 (2) and the final plan or any other plan approved by the executive director pursuant to this part 7.

(c) A local government that receives reimbursement funds from the organization shall use such funds for the local government's recycling program.

(5) The organization, any additional producer responsibility organization, and any person administering a plan approved by the executive director pursuant to this part 7 shall cause to be conducted an annual financial audit of the program or any other plan approved by the executive director pursuant to this part 7 by an independent third-party auditor. The audit must include a detailed list of the program's or plan's costs and revenues from the producer responsibility dues.

(6) Notwithstanding any law to the contrary, the organization and any additional producer responsibility organization shall not be considered a state-sponsored or state-owned entity and shall not be considered an enterprise, as defined in section 20 (2)(d) of article X of the state constitution. Employees of the organization and any additional producer responsibility organization shall not be considered employees of the state.

(7) The organization, any additional producer responsibility organization, and any person administering a plan approved by the executive director pursuant to this part 7 shall preserve all books and records in accordance with state and federal laws and be open to inspection by the department at any time.

Source: L. 2022: Entire part added, (HB 22-1355), ch. 337, p. 2414, § 1, effective August 10.