Colorado § 35-10.5-105 - Pesticide product disposal and container recycling program - fees.

§ 35-10.5-105. Pesticide product disposal and container recycling program - fees.

(1) On and after January 1, 2027, the board shall develop and administer a program for the disposal of eligible pesticide products and to coordinate the recycling of pesticide product containers, which program must:

(a) Provide the following business services to commercial applicators and private applicators in the state:

(I) Eligible pesticide product disposal services to commercial applicators and private applicators that pay the pesticide product disposal fee;

(II) Outreach and education to commercial applicators and private applicators on the proper and safe disposal of eligible pesticide products and recycling of their containers and on the business services provided by the program;

(III) Establishing eligible pesticide product disposal events for commercial applicators and private applicators, which events must be scheduled at a predictable frequency and in diverse geographic locations across the state, and the enterprise may contract with third parties to host, manage, or oversee the eligible pesticide product disposal events; and

(IV) Providing a cost-effective means for commercial applicators and private applicators to dispose of eligible pesticide products or recycle pesticide product containers by allowing commercial applicators and private applicators that participate in the program to share the costs of the disposal services; and

(b) Provide the following business services to applicants that register an eligible pesticide product with the commissioner for sale or distribution in the state:

(I) Decreasing costs borne by an applicant when the applicant must dispose of an eligible pesticide product independent of a convenient, local, and established program;

(II) Supporting an applicant's product stewardship goals by providing a safe, reliable, and convenient opportunity for eligible pesticide product disposal;

(III) Decreasing the financial and environmental footprint of an applicant's pesticide product by ensuring proper disposal of the eligible pesticide product at the end-of-life stage; and

(IV) Decreasing an applicant's liability for consequences associated with the improper disposal of unwanted or excess eligible pesticide products by providing an opportunity for lawful disposal.

(2) (a) Beginning in state fiscal year 2026-27, the board shall impose a pesticide product disposal fee for an eligible pesticide product that is disposed of through the program.

(b) On and after January 1, 2027, a commercial applicator or private applicator that disposes of an eligible pesticide product through the program shall pay a pesticide product disposal fee in an amount determined by the board to the department, which shall collect the pesticide product disposal fee on behalf of the enterprise.

(c) The department shall collect a pesticide product disposal fee from a commercial applicator or private applicator only if the applicator disposes of an eligible pesticide product through the program. Nothing in this article 10.5 requires a commercial applicator or private applicator to dispose of an eligible pesticide product or recycle a pesticide product container through the program.

(3) (a) Beginning in state fiscal year 2026-27, the board shall impose an annual pesticide registration product disposal fee on each applicant that registers an eligible pesticide product with the commissioner for sale or distribution in the state, which pesticide registration product disposal fee must be no more than fifty dollars per eligible pesticide product, as annually adjusted for inflation. Inflation is measured by the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index, or a successor index, for Denver-Aurora-Lakewood for all items paid for by urban consumers.

(b) On and after November 1, 2026, an applicant that registers an eligible pesticide product with the commissioner for sale or distribution in the state shall pay an annual pesticide registration product disposal fee in an amount determined by the board to the department, which shall collect the pesticide registration product disposal fee on behalf of the enterprise.

(4) (a) The state treasurer shall credit the money collected pursuant to this section to the fund.

(b) Money collected pursuant to this section and credited to the fund pursuant to subsection (4)(a) of this section:

(I) Is collected for the enterprise;

(II) Is custodial money intended for the enterprise and held temporarily by the department and the state treasurer solely for the purpose of transferring the money to the fund for use by the enterprise; and

(III) Based on the enterprise's status as an enterprise, is not subject to section 20 of article X of the state constitution at any time during the money's collection, transfer, and use.

Source: L. 2026: Entire article added, (HB 26-1111), ch. 155, p. 874, § 1, effective May 26.