Colorado 2004 bill text

House Bill 1275

The following text was found at http://www.leg.state.co.us/CLICS2004A/csl.nsf/fsbillcont3/D458F02988B93EEC87256DDE00802D0F?Open&file=1275_01.pdf

Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
A BILL FOR AN ACT
CONCERNING IMPLEMENTATION OF A RETURN DEPOSIT BEVERAGE 101
CONTAINER PROGRAM. 102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Creates a return deposit beverage container program (program) to
be fully implemented by July 1, 2006. Requires beverage distributors and
deposit beverage distributors (distributors) to pay a deposit beverage
container fee on each beverage and deposit beverage container beginning
October 1, 2004. Prohibits a county or local government from imposing
or collecting a fee on deposit beverages for a similar purpose.
Requires distributors to register with the department of local
affairs (department). Requires distributors to maintain records regarding
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the manufacture, importation, and exportation of beverage and deposit
beverage containers (containers) and make such records available to the
department.
Creates the deposit beverage container fund (fund) to consist of
container fees, deposits, and interest for the purpose of funding the
program. Appropriates 40% of the moneys in the fund resulting from any
unredeemed deposit refund values to the Colorado commission on higher
education for allocation to student financial assistance.
Allows the department to contract the services of a third party to
administer the program. Requires the state auditor to conduct an audit of
the program on or before July 1, 2007. Requires the department to adopt
rules to implement the program.
Requires consumers to pay deposits on containers, beginning on
or before January 1, 2006. Requires the refund value and "CO" or
"Colorado" to be clearly indicated on each container. Requires the
deposit beverage distributor to pay the deposit on each container to the
department. Directs the department to transfer moneys from such
deposits to the fund.
Requires every deposit beverage container to have a deposit and
refund value of 10¢. Requires each distributor to charge each dealer or
consumer a deposit on each container sold.
Requires a retailer to redeem deposits unless the retailer is located
within 2 miles of a redemption center in a highly populated area; is
located in a rural area; sells refundable containers through vending
machines only; or has less than 5,000 square feet of retail space.
Requires redemption centers to apply for certification by the
department. Requires redemption centers to ensure that each collected
container is recycled. Allows redemption centers to use reverse vending
machines for the purpose of redeeming deposits. Directs the department
to pay each redemption center a handling fee of not less than the
prevailing container fee in addition to the refund value of each redeemed
container.
Allows the department and the state auditor to inspect the records
of distributors, dealers, redemption centers, and recycling facilities.
Requires the department to convene an advisory committee to aid in the
implementation of the program.
Be it enacted by the General Assembly of the State of Colorado: 1
SECTION 1. Legislative declaration. (1) The general assembly 2
finds and declares that: 3
(a) Return deposit laws create environmental benefits, including 4
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litter reduction and energy and resource conservation; 1
(b) Return deposit systems are an effective and necessary 2
recycling program, and they complement other types of recycling 3
programs, such as curbside programs and aluminum can buy-back 4
centers; 5
(c) Return deposit laws correct a false economic price signal by 6
appropriately placing the costs of recycling and waste disposal on the 7
producers and consumers of beverage containers who incur these costs, 8
rather than on government and taxpayers who do not; 9
(d) Return deposit systems produce energy cost savings because 10
it takes less energy to produce beverages in returnable, reusable 11
containers; and 12
(e) Local governments also benefit from a substantial reduction 13
in the amount of roadside litter and lower handling costs on recyclable 14
materials. 15
(2) Therefore, it is the intent of the general assembly to implement 16
a return deposit beverage container program in Colorado, to be 17
administered by the department of local affairs. 18
SECTION 2. Article 32 of title 24, Colorado Revised Statutes, 19
is amended BY THE ADDITION OF A NEW PART to read: 20
PART 34 21
RETURN DEPOSIT BEVERAGE CONTAINER PROGRAM 22
24-32-3401. Definitions. AS USED IN THIS ARTICLE, UNLESS THE 23
CONTEXT OTHERWISE REQUIRES: 24
(1) "BEVERAGE CONTAINER" MEANS AN INDIVIDUAL, SEPARATE, 25
POLYTHYLENE TEREPHTHALTE OR HIGH-DENSITY POLYETHYLENE DEPOSIT 26
BEVERAGE CONTAINER WITH A TOTAL CAPACITY LESS THAN OR EQUAL TO 27
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SIXTY-FOUR FLUID OUNCES. 1
(2) "CONSUMER" MEANS A PERSON WHO BUYS A BEVERAGE IN A 2
DEPOSIT BEVERAGE CONTAINER FOR USE OR CONSUMPTION AND PAYS THE 3
DEPOSIT. 4
(3) "DEALER" MEANS A PERSON WHO ENGAGES IN THE SALE OF 5
BEVERAGES IN DEPOSIT BEVERAGE CONTAINERS TO A CONSUMER FOR 6
OFF-PREMISES CONSUMPTION. 7
(4) "DEPARTMENT" MEANS THE DEPARTMENT OF LOCAL AFFAIRS, 8
CREATED IN SECTION 24-1-125. 9
(5) "DEPOSIT BEVERAGE" MEANS BEER, ALE, OR OTHER DRINKS 10
PRODUCED BY FERMENTING MALT; MIXED SPIRITS; MIXED WINE; TEA AND 11
COFFEE DRINKS, REGARDLESS OF DAIRY-DERIVED PRODUCT CONTENT; 12
SODA; NONCARBONATED WATER; AND ALL NONALCOHOLIC DRINKS IN 13
LIQUID FORM AND INTENDED FOR INTERNAL HUMAN CONSUMPTION THAT 14
ARE CONTAINED IN DEPOSIT BEVERAGE CONTAINERS. 15
(6) "DEPOSIT BEVERAGE CONTAINER" MEANS AN INDIVIDUAL, 16
SEPARATE, POLYTHYLENE TEREPHTHALTE OR HIGH-DENSITY 17
POLYETHYLENE DEPOSIT BEVERAGE CONTAINER WITH A TOTAL CAPACITY 18
LESS THAN OR EQUAL TO SIXTY-FOUR FLUID OUNCES THAT IS USED FOR OR 19
CONTAINS A DEPOSIT BEVERAGE. 20
(7) "DEPOSIT BEVERAGE DISTRIBUTOR" MEANS A PERSON WHO 21
MANUFACTURES BEVERAGES IN DEPOSIT BEVERAGE CONTAINERS OR WHO 22
IMPORTS AND ENGAGES IN THE SALE OF FILLED DEPOSIT BEVERAGE 23
CONTAINERS TO A DEALER OR CONSUMER, OR A PERSON WHO IS A 24
MANUFACTURER OF BEVERAGES IN BEVERAGE CONTAINERS OR WHO 25
IMPORTS AND ENGAGES IN THE SALE OF FILLED BEVERAGE CONTAINERS TO 26
A DEALER OR CONSUMER PRIOR TO THE FULL IMPLEMENTATION OF THIS 27
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PART 34. "DEPOSIT BEVERAGE DISTRIBUTOR" INCLUDES FEDERAL 1
AGENCIES AND MILITARY DISTRIBUTORS, BUT DOES NOT INCLUDE AIRLINES 2
AND SHIPPING COMPANIES THAT MERELY TRANSPORT DEPOSIT BEVERAGE 3
CONTAINERS OR BEVERAGE CONTAINERS. 4
(8) "PERSON" MEANS AN INDIVIDUAL, PARTNERSHIP, FIRM, 5
ASSOCIATION, PUBLIC OR PRIVATE CORPORATION, FEDERAL AGENCY, 6
TRUST, ESTATE, OR ANY OTHER LEGAL ENTITY. "PERSON" INCLUDES THE 7
STATE AND ANY OF ITS POLITICAL SUBDIVISIONS. 8
(9) "RECYCLING FACILITY" MEANS ALL CONTIGUOUS LAND AND 9
STRUCTURES AND OTHER APPURTENANCES AND IMPROVEMENTS ON THE 10
LAND USED FOR THE COLLECTION, SEPARATION, RECOVERY, AND SALE OR 11
REUSE OF SECONDARY RESOURCES THAT WOULD OTHERWISE BE DISPOSED 12
OF AS MUNICIPAL SOLID WASTE, AND IS AN INTEGRAL PART OF A 13
MANUFACTURING PROCESS AIMED AT PRODUCING A MARKETABLE PRODUCT 14
MADE OF POST-CONSUMER MATERIAL. 15
(10) "REDEEMER" MEANS A PERSON, OTHER THAN A DEALER OR 16
DISTRIBUTOR, WHO DEMANDS THE REFUND VALUE IN EXCHANGE FOR AN 17
EMPTY DEPOSIT BEVERAGE CONTAINER. 18
(11) "REDEMPTION CENTER" MEANS A PERSON OR FACILITY THAT 19
ACCEPTS FROM CONSUMERS, IN EXCHANGE FOR THE REFUND VALUE, EMPTY 20
DEPOSIT BEVERAGE CONTAINERS INTENDED TO BE RECYCLED AND ENSURES 21
THAT THE COLLECTED EMPTY DEPOSIT BEVERAGE CONTAINERS ARE 22
PROPERLY RECYCLED. 23
(12) "REVERSE VENDING MACHINE" MEANS A MECHANICAL DEVICE 24
THAT ACCEPTS ONE OR MORE TYPES OF EMPTY DEPOSIT BEVERAGE 25
CONTAINERS AND ISSUES A REDEEMABLE CREDIT SLIP WITH A VALUE NOT 26
LESS THAN THE REFUND VALUE OF EACH CONTAINER THAT IS ACCEPTED. 27
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THE REFUND VALUE PAYMENTS SHALL BE AGGREGATED AND THEN PAID IF 1
MORE THAN ONE CONTAINER IS REDEEMED IN A SINGLE TRANSACTION. 2
(13) "UNREDEEMED REFUND VALUE" MEANS THE DIFFERENCE 3
BETWEEN THE TOTAL AMOUNT OF DEPOSITS PAID BY CONSUMERS 4
PURSUANT TO SECTION 24-32-3410 AND THE TOTAL AMOUNT PAID AT A 5
LATER TIME TO REDEEMERS PURSUANT TO SECTION 24-32-3412. 6
24-32-3402. Deposit beverage container fee. (1) BEGINNING 7
OCTOBER 1, 2004, EVERY DEPOSIT BEVERAGE DISTRIBUTOR SHALL PAY TO 8
THE DEPARTMENT A DEPOSIT BEVERAGE CONTAINER FEE ON EACH DEPOSIT 9
BEVERAGE CONTAINER MANUFACTURED IN OR IMPORTED INTO THE STATE. 10
THE FEE SHALL BE IMPOSED ONLY ONCE ON THE SAME BEVERAGE 11
CONTAINER. THE FEE SHALL BE ONE-HALF CENT PER BEVERAGE 12
CONTAINER. 13
(2) BEGINNING ON OCTOBER 1, 2006, EVERY DEPOSIT BEVERAGE 14
DISTRIBUTOR SHALL PAY TO THE DEPARTMENT A DEPOSIT BEVERAGE 15
CONTAINER FEE ON EACH DEPOSIT BEVERAGE CONTAINER MANUFACTURED 16
IN OR IMPORTED INTO THE STATE. THE FEE SHALL BE IMPOSED ONLY ONCE 17
ON THE SAME BEVERAGE. THE FEE SHALL BE ONE CENT PER BEVERAGE 18
CONTAINER. 19
(3) NO COUNTY OR LOCAL GOVERNMENT SHALL IMPOSE OR 20
COLLECT A FEE ASSESSMENT ON DEPOSIT BEVERAGE CONTAINERS FOR THE 21
SAME OR SIMILAR PURPOSE THAT IS THE SUBJECT OF THIS PART 34. 22
(4) BEGINNING JANUARY 1, 2007, THE DEPOSIT BEVERAGE 23
CONTAINER FEES SHALL BE BASED ON THE PREVIOUS CALENDAR QUARTER'S 24
RECYCLING RATES. THE RATE SHALL BE AS FOLLOWS, BASED ON THE 25
NUMBER OF CONTAINERS SOLD AND NUMBER RECOVERED DURING THE 26
PREVIOUS QUARTER: 27
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(a) IF THE RECOVERY RATE IS SEVENTY PERCENT OR LESS, ONE 1
CENT PER CONTAINER; OR 2
(b) IF THE RECOVERY RATE IS GREATER THAN SEVENTY PERCENT, 3
ONE AND ONE-HALF CENTS PER CONTAINER. 4
24-32-3403. Deposit beverage distributors - registration - 5
record-keeping requirements. (1) ON OR BEFORE SEPTEMBER 1, 2004, 6
ALL BEVERAGE DISTRIBUTORS AND DEPOSIT BEVERAGE DISTRIBUTORS 7
OPERATING WITHIN THE STATE SHALL REGISTER WITH THE DEPARTMENT, 8
USING FORMS PRESCRIBED BY THE DEPARTMENT, AND SHALL NOTIFY THE 9
DEPARTMENT OF A CHANGE IN ADDRESS OR OTHER INFORMATION 10
PREVIOUSLY SUBMITTED. AFTER SEPTEMBER 1, 2004, A PERSON WHO 11
DESIRES TO CONDUCT BUSINESS IN THIS STATE AS A BEVERAGE 12
DISTRIBUTOR OR DEPOSIT BEVERAGE DISTRIBUTOR SHALL REGISTER WITH 13
THE DEPARTMENT NO LATER THAN ONE MONTH PRIOR TO THE 14
COMMENCEMENT OF THE BUSINESS. 15
(2) ALL BEVERAGE DISTRIBUTORS AND DEPOSIT BEVERAGE 16
DISTRIBUTORS SHALL MAINTAIN RECORDS REFLECTING THE MANUFACTURE 17
OF THEIR BEVERAGES IN BEVERAGE CONTAINERS AND DEPOSIT BEVERAGE 18
CONTAINERS AS WELL AS THE IMPORTATION AND EXPORTATION OF SUCH 19
CONTAINERS. THE RECORDS SHALL BE MADE AVAILABLE, UPON REQUEST, 20
FOR INSPECTION BY THE DEPARTMENT. ANY PROPRIETARY INFORMATION 21
OBTAINED BY THE DEPARTMENT SHALL BE KEPT CONFIDENTIAL AND SHALL 22
NOT BE DISCLOSED TO ANY OTHER PERSON, EXCEPT: 23
(a) AS MAY BE REASONABLY REQUIRED IN AN ADMINISTRATIVE OR 24
JUDICIAL PROCEEDING TO ENFORCE THE PROVISIONS OF THIS PART 34 OR 25
RULES ADOPTED PURSUANT TO THIS PART 34; OR 26
(b) UNDER AN ORDER ISSUED BY A COURT OR ADMINISTRATIVE 27
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AGENCY HEARINGS OFFICER. 1
24-32-3404. Deposit beverage container fund - use of funds. 2
(1) THERE IS HEREBY CREATED IN THE STATE TREASURY THE DEPOSIT 3
BEVERAGE CONTAINER FUND. ALL REVENUES GENERATED FROM THE 4
DEPOSIT BEVERAGE CONTAINER FEE PURSUANT TO SECTION 24-32-3402, 5
ALL REVENUES GENERATED FROM THE DEPOSIT BEVERAGE CONTAINER 6
DEPOSIT PURSUANT TO SECTION 24-32-3410, AND ALL ACCRUED INTEREST 7
SHALL BE DEPOSITED INTO THE FUND. ALL MONEYS REMAINING IN THE 8
DEPOSIT BEVERAGE CONTAINER FUND AT THE END OF ANY FISCAL YEAR 9
SHALL REMAIN IN THE DEPOSIT BEVERAGE CONTAINER FUND AND SHALL 10
NOT REVERT TO THE GENERAL FUND OR ANY OTHER FUND. 11
(2) MONEYS IN THE DEPOSIT BEVERAGE CONTAINER FUND SHALL 12
BE ALLOCATED TO THE DEPARTMENT FOR THE PURPOSES OF THIS PART 34. 13
FORTY PERCENT OF THE MONEYS IN THE FUND RESULTING FROM ANY 14
UNREDEEMED REFUND VALUES PAID BY THE CONSUMER PURSUANT TO 15
SECTION 24-32-3410 SHALL BE APPROPRIATED TO THE COLORADO 16
COMMISSION ON HIGHER EDUCATION CREATED IN SECTION 23-1-102, 17
C.R.S., FOR ALLOCATION TO STUDENT FINANCIAL ASSISTANCE AS 18
AUTHORIZED BY SECTION 23-3.3-102, C.R.S. THE APPROPRIATION TO THE 19
COLORADO COMMISSION ON HIGHER EDUCATION SHALL BE IN ADDITION TO 20
ANY OTHER GENERAL FUND APPROPRIATION BY THE GENERAL ASSEMBLY. 21
24-32-3405. Inventory report - payment. (1) BEGINNING 22
OCTOBER 1, 2004, THE DEPARTMENT SHALL MAKE MONTHLY PAYMENT OF 23
THE DEPOSIT BEVERAGE CONTAINER FEE AND DEPOSITS, AS DESCRIBED IN 24
SECTION 24-32-3409, BASED ON INVENTORY REPORTS OF THE DEPOSIT 25
BEVERAGE DISTRIBUTORS. ALL DEPOSIT BEVERAGE DISTRIBUTORS SHALL 26
SUBMIT TO THE DEPARTMENT DOCUMENTATION IN SUFFICIENT DETAIL THAT 27
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IDENTIFIES: 1
(a) THE NUMBER OF BEVERAGES IN DEPOSIT BEVERAGE 2
CONTAINERS, BY CONTAINER SIZE AND TYPE, MANUFACTURED IN OR 3
IMPORTED INTO THE STATE; AND 4
(b) THE NUMBER OF SUCH DEPOSIT BEVERAGE CONTAINERS, BY 5
CONTAINER SIZE AND TYPE, EXPORTED AND INTENDED FOR CONSUMPTION 6
OUTSIDE THE STATE DURING THE REPORTING PERIOD. 7
(2) THE AMOUNT DUE FROM DEPOSIT BEVERAGE DISTRIBUTORS 8
SHALL BE THE NET NUMBER OF DEPOSIT BEVERAGE CONTAINERS IMPORTED 9
INTO OR MANUFACTURED IN THE STATE MULTIPLIED BY THE SUM OF THE 10
PREVAILING DEPOSIT BEVERAGE CONTAINER FEE AND THE REFUND VALUE 11
OF FIVE CENTS. PAYMENT SHALL BE MADE BY CHECK OR MONEY ORDER, 12
PAYABLE TO THE DEPARTMENT. ALL INVENTORY REPORTS AND PAYMENTS 13
SHALL BE MADE NO LATER THAN THE FIFTEENTH DAY OF THE MONTH 14
FOLLOWING THE END OF THE PAYMENT PERIOD OF THE PREVIOUS MONTH. 15
24-32-3406. Contract administrator. THE DEPARTMENT MAY 16
CONTRACT THE SERVICES OF A THIRD PARTY TO ADMINISTER THE DEPOSIT 17
BEVERAGE CONTAINER PROGRAM UNDER THIS PART 34. 18
24-32-3407. Payment and application of deposits - sale of 19
beverages in deposit beverage containers. (1) (a) BEGINNING JANUARY 20
1, 2006, EVERY DEPOSIT BEVERAGE CONTAINER SOLD IN THIS STATE SHALL 21
HAVE A REFUND VALUE OF TEN CENTS. EACH CONTAINER SHALL HAVE THE 22
REFUND VALUE CLEARLY INDICATED ON IT AS PROVIDED IN SECTION 23
24-32-3408. 24
(b) THE REFUND VALUE SHALL BE EQUAL TO THE AMOUNT OF THE 25
DEPOSIT REQUIRED. ONCE A REFUND HAS BEEN APPLIED TO A DEPOSIT 26
BEVERAGE CONTAINER, THE DEPOSIT ON THAT CONTAINER MAY NOT BE 27
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CHANGED AND SHALL BE PAID TO THE STATE. 1
(c) THE DEPOSIT BEVERAGE DISTRIBUTOR WHO MANUFACTURERS 2
OR IMPORTS BEVERAGES IN DEPOSIT BEVERAGE CONTAINERS SHALL PAY TO 3
THE DEPARTMENT THE DEPOSIT ON EACH FILLED DEPOSIT BEVERAGE 4
CONTAINER. PAYMENT AND REPORTING OF THE DEPOSITS SHALL BE IN 5
ACCORDANCE WITH SECTION 24-32-3405. THE DEPOSITS SHALL BE 6
DEPOSITED INTO THE DEPOSIT BEVERAGE CONTAINER FUND CREATED IN 7
SECTION 24-32-3404. 8
(d) DEPOSIT BEVERAGE DISTRIBUTORS WHO ARE REQUIRED TO PAY 9
A DEPOSIT SHALL ALSO PAY A DEPOSIT BEVERAGE CONTAINER FEE AND 10
REGISTER WITH THE DEPARTMENT. 11
(2) (a) BEGINNING JANUARY 1, 2006, EVERY DEPOSIT BEVERAGE 12
DISTRIBUTOR WHO PAYS A DEPOSIT SHALL CHARGE THE DEALER OR 13
CONSUMER A DEPOSIT EQUAL TO THE REFUND VALUE FOR EACH DEPOSIT 14
BEVERAGE CONTAINER SOLD IN THE STATE. THE DEPOSIT CHARGE MAY 15
APPEAR AS A SEPARATE LINE ITEM ON THE INVOICE. 16
(b) EACH DEALER SHALL CHARGE THE CONSUMER THE DEPOSIT 17
BEVERAGE CONTAINER DEPOSIT AT THE POINT OF SALE OF THE BEVERAGE, 18
EXCLUDING SALES FOR ON-PREMISES CONSUMPTION. THE DEPOSIT CHARGE 19
MAY APPEAR AS A SEPARATE LINE ITEM ON THE INVOICE. 20
24-32-3408. Deposit beverage container requirements. EVERY 21
DEPOSIT BEVERAGE CONTAINER SOLD IN THIS STATE SHALL CLEARLY 22
INDICATE THE REFUND VALUE OF THE CONTAINER AND THE WORD 23
"COLORADO" OR THE LETTERS "CO". THE NAMES OR LETTERS 24
REPRESENTING THE NAMES OF OTHER STATES WITH COMPARABLE DEPOSIT 25
BEVERAGE CONTAINER PROGRAM STATUTES MAY ALSO BE INCLUDED IN 26
THE INDICATION OF REFUND VALUE. OTHER INDICATIONS MAY BE 27
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REQUIRED AS SPECIFIED BY RULES OF THE DEPARTMENT. 1
24-32-3409. Redemption of empty deposit beverage containers. 2
(1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A DEALER 3
SHALL: 4
(a) OPERATE A REDEMPTION CENTER BY ACCEPTING ALL TYPES OF 5
EMPTY DEPOSIT BEVERAGE CONTAINERS WITH A COLORADO REFUND 6
VALUE; 7
(b) PAY TO THE REDEEMER THE FULL REFUND VALUE FOR DEPOSIT 8
BEVERAGE CONTAINERS THAT BEAR A VALID COLORADO REFUND VALUE; 9
AND 10
(c) ENSURE THAT EACH DEPOSIT BEVERAGE CONTAINER 11
COLLECTED IS RECYCLED AND SHALL FORWARD DOCUMENTATION 12
NECESSARY TO SUPPORT CLAIMS FOR PAYMENT AS STATED IN SECTION 13
24-32-3415 OR RULES ADOPTED UNDER THIS PART 34. 14
(2) SUBSECTION (1) OF THIS SECTION SHALL NOT APPLY TO A 15
DEALER: 16
(a) WHO IS LOCATED IN A HIGH-DENSITY POPULATION AREA, AS 17
DEFINED BY THE DEPARTMENT BY RULE, AND WITHIN TWO MILES OF A 18
CERTIFIED REDEMPTION CENTER THAT IS OPERATED INDEPENDENTLY FROM 19
A DEALER; 20
(b) WHO IS LOCATED IN A RURAL AREA, AS DEFINED BY THE 21
DEPARTMENT BY RULE; 22
(c) WHO SUBCONTRACTS WITH A CERTIFIED REDEMPTION CENTER 23
FOR OPERATION ON THE DEALER'S PREMISES; 24
(d) WHOSE SALES OF DEPOSIT BEVERAGE CONTAINERS ARE ONLY 25
THROUGH THE USE OF VENDING MACHINES; 26
(e) WHOSE PLACE OF BUSINESS HAS LESS THAN FIVE THOUSAND 27
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SQUARE FEET OF INTERIOR SPACE; 1
(f) WHO CAN DEMONSTRATE PHYSICAL HARDSHIP, FINANCIAL 2
HARDSHIP, OR BOTH, BASED ON SPECIFIC CRITERIA ESTABLISHED BY THE 3
DEPARTMENT BY RULE; OR 4
(g) WHO MEETS OTHER CRITERIA ESTABLISHED BY THE 5
DEPARTMENT BY RULE. 6
(3) ALL DEALERS, REGARDLESS OF THE SQUARE FOOTAGE OF THE 7
DEALER'S PLACE OF BUSINESS, SHALL POST A CLEAR AND CONSPICUOUS 8
SIGN AT EACH PUBLIC ENTRANCE TO THE DEALER'S PLACE OF BUSINESS 9
THAT SPECIFIES THE NAME, ADDRESS, AND HOURS OF OPERATION OF THE 10
NEAREST REDEMPTION CENTER. 11
(4) IF THERE IS NO REDEMPTION CENTER WITHIN THE TWO-MILE 12
RADIUS OF A DEALER DUE TO THE CRITERIA DESCRIBED IN SUBSECTION (2) 13
OF THIS SECTION, THE DEPARTMENT SHALL DETERMINE THE NEED FOR A 14
REDEMPTION CENTER IN THAT AREA. IF A REDEMPTION CENTER IS DEEMED 15
NECESSARY, THE STATE, WITH ASSISTANCE FROM THE COUNTY, SHALL 16
ESTABLISH THE REDEMPTION CENTER USING MONEYS DRAWN FROM THE 17
DEPOSIT BEVERAGE CONTAINER FUND CREATED IN SECTION 24-32-3404. 18
(5) BUSINESSES THAT SELL DEPOSIT BEVERAGES FOR ON-PREMISES 19
CONSUMPTION SHALL COLLECT USED DEPOSIT BEVERAGE CONTAINERS 20
FROM CONSUMERS AND USE A CERTIFIED REDEMPTION CENTER FOR THE 21
COLLECTION OF CONTAINERS, OR BECOME CERTIFIED REDEMPTION 22
CENTERS. 23
24-32-3410. Redemption centers. (1) PRIOR TO OPERATION, 24
REDEMPTION CENTERS SHALL BE CERTIFIED BY THE DEPARTMENT. 25
(2) APPLICATIONS FOR CERTIFICATION AS A REDEMPTION CENTER 26
SHALL BE FILED WITH THE DEPARTMENT ON FORMS PRESCRIBED BY THE 27
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DEPARTMENT. 1
(3) THE DEPARTMENT MAY REVIEW THE CERTIFICATION OF A 2
REDEMPTION CENTER. AFTER WRITTEN NOTICE TO THE PERSON 3
RESPONSIBLE FOR THE ESTABLISHMENT AND OPERATION OF THE 4
REDEMPTION CENTER AND TO THE DEALERS SERVED BY THE REDEMPTION 5
CENTER, THE DEPARTMENT, AFTER IT HAS AFFORDED THE REDEMPTION 6
CENTER OPERATOR A HEARING IN ACCORDANCE WITH ARTICLE 4 OF THIS 7
TITLE, MAY WITHDRAW THE CERTIFICATION OF THE CENTER IF IT FINDS 8
THAT THERE HAS NOT BEEN COMPLIANCE WITH APPLICABLE LAWS, RULES, 9
PERMIT CONDITIONS, OR CERTIFICATION REQUIREMENTS. 10
(4) REDEMPTION CENTERS SHALL: 11
(a) ACCEPT ALL TYPES OF EMPTY DEPOSIT BEVERAGE CONTAINERS 12
FOR WHICH A DEPOSIT HAS BEEN PAID; 13
(b) VERIFY THAT ALL CONTAINERS TO BE REDEEMED BEAR A VALID 14
COLORADO REFUND VALUE; 15
(c) PAY TO THE REDEEMER THE FULL REFUND VALUE FOR ALL 16
BEVERAGE CONTAINERS, EXCEPT AS PROVIDED IN SECTION 24-32-3409; 17
(d) CRUSH OR DESTROY ALL DEPOSIT BEVERAGE CONTAINERS THAT 18
ARE ACCEPTED AT THE TIME OF REDEMPTION; 19
(e) ENSURE THAT EACH CONTAINER COLLECTED IS RECYCLED 20
THROUGH A CONTRACTUAL AGREEMENT WITH AN OUT-OF-STATE RECYCLER 21
OR AN IN-STATE FACILITY PERMITTED BY THE DEPARTMENT; EXCEPT THAT 22
THIS PARAGRAPH (e) SHALL NOT APPLY IF THE REDEMPTION CENTER IS 23
OPERATED BY A RECYCLER PERMITTED BY THE DEPARTMENT; AND 24
(f) FORWARD THE DOCUMENTATION NECESSARY TO SUPPORT 25
CLAIMS FOR PAYMENT AS STATED IN SECTION 24-32-3415. 26
(5) A REDEMPTION CENTER'S REDEMPTION AREA SHALL BE 27
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MAINTAINED IN FULL COMPLIANCE WITH APPLICABLE LAWS AND WITH THE 1
ORDERS AND RULES OF THE DEPARTMENT, INCLUDING PERMITTING 2
REQUIREMENTS, IF DEEMED NECESSARY, UNDER THIS ARTICLE. 3
24-32-3411. Reverse vending machines. A REVERSE VENDING 4
MACHINE MAY BE USED BY A REDEMPTION CENTER TO SATISFY THE 5
REQUIREMENTS OF SECTION 24-32-3409, SO LONG AS THE REVERSE 6
VENDING MACHINE ACCEPTS ANY TYPE OF EMPTY DEPOSIT BEVERAGE 7
CONTAINER AND PAYS OUT APPROPRIATE REFUNDS THROUGH A 8
REDEEMABLE VOUCHER FOR THOSE CONTAINERS THAT BEAR A VALID 9
COLORADO REFUND VALUE. THE REVERSE VENDING MACHINE SHALL BE 10
ROUTINELY SERVICED TO ENSURE PROPER OPERATION AND CONTINUOUS 11
ACCEPTANCE OF CONTAINERS AND PAYMENT OF REFUNDS. ALL DEPOSIT 12
BEVERAGE CONTAINERS ACCEPTED BY A REVERSE VENDING MACHINE 13
SHALL EITHER BE CRUSHED OR DESTROYED AT THE POINT OF REDEMPTION. 14
24-32-3412. Refusal of refund value payment for a deposit 15
beverage container. (1) REDEMPTION CENTERS SHALL REFUSE TO PAY 16
THE REFUND VALUE ON A BROKEN, CORRODED, DISMEMBERED, OR 17
FLATTENED DEPOSIT BEVERAGE CONTAINER OR A DEPOSIT BEVERAGE 18
CONTAINER THAT: 19
(a) CONTAINS A FREE-FLOWING LIQUID; 20
(b) DOES NOT PROPERLY INDICATE A REFUND VALUE; OR 21
(c) CONTAINS A SIGNIFICANT AMOUNT OF FOREIGN MATERIAL. 22
24-32-3413. Handling fees - refund values. (1) THE 23
DEPARTMENT SHALL PAY TO EACH CERTIFIED REDEMPTION CENTER A 24
HANDLING FEE OF NOT LESS THAN THE PREVAILING BEVERAGE CONTAINER 25
FEE FOR EACH DEPOSIT BEVERAGE CONTAINER REDEEMED BY A CONSUMER 26
THAT IS TRANSPORTED OUT OF STATE OR RECEIVED BY AN APPROVED 27
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IN-STATE COMPANY FOR AN APPROVED END USE FOR RECYCLING OR 1
RECEIVED BY A DEPARTMENT-PERMITTED RECYCLING FACILITY. 2
(2) NOT LESS THAN THIRTY DAYS BEFORE PAYING THE HANDLING 3
FEES REQUIRED BY THIS SECTION, THE DEPARTMENT SHALL PUBLISH A 4
NOTICE STATEWIDE, IN ACCORDANCE WITH APPLICABLE STATE LAW, OF THE 5
RECOVERY RATE FOR THE CALENDAR QUARTER FOR WHICH THE HANDLING 6
FEE WILL BE PAID. PAYMENTS FOR HANDLING FEES SHALL BE MADE NOT 7
LESS THAN SIX MONTHS AFTER THE COMPLETION OF THE CALENDAR 8
QUARTER TO WHICH THE PAYMENTS APPLY. 9
(3) THE HANDLING FEE SHALL BE PAID IN ADDITION TO THE REFUND 10
VALUE OF EACH EMPTY BEVERAGE CONTAINER. THE DEPARTMENT MAY 11
CHOOSE TO PAY THE HANDLING FEE AND REFUND VALUE ON THE BASIS OF 12
THE TOTAL WEIGHT OF THE CONTAINERS RECEIVED, BY MATERIAL TYPE 13
AND THE AVERAGE WEIGHT OF EACH CONTAINER TYPE. 14
(4) THE HANDLING FEE AND REFUND VALUE MAY ONLY BE PAID 15
ONCE FOR EACH CONTAINER REDEEMED AND CLAIMED BY A REDEMPTION 16
CENTER IN ACCORDANCE WITH SECTION 24-32-3409. 17
24-32-3414. Redemption centers - reporting. (1) THE 18
DEPARTMENT SHALL PAY TO A CERTIFIED REDEMPTION CENTER HANDLING 19
FEES AND REFUND VALUES AS DESCRIBED IN SECTION 24-32-3413, BASED 20
ON COLLECTION REPORTS SUBMITTED BY THE REDEMPTION CENTER. A 21
REDEMPTION CENTER SHALL SUBMIT TO THE DEPARTMENT INFORMATION 22
ON FORMS PRESCRIBED BY THE DEPARTMENT. INFORMATION SHALL 23
INCLUDE, AT A MINIMUM: 24
(a) THE AMOUNT AND TYPE OF CONTAINERS ACCEPTED AND 25
REJECTED; 26
(b) THE AMOUNT OF REFUNDS PAID OUT; 27
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(c) THE AMOUNT AND WEIGHT OF EACH TYPE OF CONTAINER 1
TRANSPORTED OUT OF STATE OR TO A PERMITTED RECYCLING FACILITY; 2
(d) COPIES OF OUT-OF-STATE TRANSPORT AND WEIGHT RECEIPTS 3
OR ACCEPTANCE RECEIPTS FROM PERMITTED RECYCLING FACILITIES. IF 4
THE REDEMPTION CENTER AND THE RECYCLING FACILITY ARE THE SAME 5
ENTITY, COPIES OF OUT-OF-STATE TRANSPORT AND WEIGHT RECEIPTS, OR 6
DOCUMENTATION OF END USE ACCEPTED BY THE DEPARTMENT, SHALL 7
ALSO BE INCLUDED. REQUESTS FOR PAYMENT SHALL BE MADE NO MORE 8
FREQUENTLY THAN TWICE PER MONTH. BEGINNING JANUARY 1, 2007, 9
EACH CENTER SHALL REPORT THE PREVIOUS QUARTER'S INFORMATION NO 10
LATER THAN THIRTY DAYS AFTER THE END OF THAT QUARTER SO THAT THE 11
HANDLING RATE CAN BE CALCULATED. FAILURE TO TIMELY SUBMIT THE 12
REPORT SHALL POSTPONE PAYMENT FOR THOSE CONTAINERS UNTIL THEY 13
ARE SUBMITTED FOR A SUBSEQUENT QUARTER. 14
24-32-3415. Audit authority. (1) THE RECORDS OF EACH 15
DEPOSIT BEVERAGE DISTRIBUTOR, DEALER, REDEMPTION CENTER, AND 16
RECYCLING FACILITY SHALL BE MADE AVAILABLE, UPON REQUEST, FOR 17
INSPECTION BY THE DEPARTMENT, A DESIGNATED REPRESENTATIVE OF THE 18
DEPARTMENT, OR THE OFFICE OF THE STATE AUDITOR. ANY PROPRIETARY 19
INFORMATION OBTAINED BY A STATE AGENCY SHALL BE KEPT 20
CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY OTHER PERSON, 21
EXCEPT: 22
(a) AS MAY BE REASONABLY REQUIRED IN AN ADMINISTRATIVE OR 23
JUDICIAL PROCEEDING TO ENFORCE THE PROVISIONS OF THIS PART 34 OR 24
RULES ADOPTED UNDER THIS PART 34; OR 25
(b) UNDER AN ORDER ISSUED BY A COURT OR ADMINISTRATIVE 26
AGENCY HEARING OFFICER. 27
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(2) THE STATE AUDITOR SHALL CONDUCT AN AUDIT OF THE DEPOSIT 1
BEVERAGE CONTAINER PROGRAM ON OR BEFORE JULY 1, 2007. 2
24-32-3416. Advisory committee - repeal. (1) THE 3
DEPARTMENT SHALL CONVENE AN ADVISORY COMMITTEE TO ASSIST IN 4
DEVELOPING RULES TO IMPLEMENT THIS PART 34. THE DEPARTMENT 5
SHALL SELECT MEMBERS OF THE COMMITTEE SO AS TO OBTAIN INPUT ON 6
THE STATE LEVEL AS WELL AS TO ASSESS THE IMPACT ON EACH INDIVIDUAL 7
COUNTY AND ON CONSUMERS, RECYCLERS, AND THE BEVERAGE INDUSTRY. 8
MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE DIRECTOR OF 9
THE DEPARTMENT AND SHALL SERVE AT THE DIRECTOR'S PLEASURE. A 10
SIMPLE MAJORITY OF THE COMMITTEE MEMBERS SHALL CONSTITUTE A 11
QUORUM FOR THE PURPOSES OF RECOMMENDING RULES AND PROVIDING 12
INPUT TO THE DIRECTOR OF THE DEPARTMENT. 13
(2) (a) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2014. 14
(b) PRIOR TO SUCH REPEAL, THE ADVISORY COMMITTEE SHALL BE 15
REVIEWED AS PROVIDED IN SECTION 2-3-1203, C.R.S. 16
24-32-3417. Rules - program implementation deadline. THE 17
DEPARTMENT SHALL ADOPT RULES AS MAY BE NECESSARY FOR THE 18
PURPOSES OF THIS PART 34. THE PROGRAM SHALL BE FULLY IMPLEMENTED 19
ON OR BEFORE JANUARY 1, 2006. 20
24-32-3418. Repeal of part. THIS PART 34 IS REPEALED, 21
EFFECTIVE JULY 1, 2014, UNLESS CONTINUED BY THE GENERAL ASSEMBLY. 22
SECTION 3. 2-3-1203 (3), Colorado Revised Statutes, is 23
amended BY THE ADDITION OF A NEW PARAGRAPH to read: 24
2-3-1203. Sunset review of advisory committees. (3) The 25
following dates are the dates for which the statutory authorization for the 26
designated advisory committees is scheduled for repeal: 27
(aa) JULY 1, 2014: THE ADVISORY COMMITTEE TO THE 1
DEPARTMENT OF LOCAL AFFAIRS CREATED IN SECTION 24-32-3416, C.R.S. 2
SECTION 4. Effective date. This act shall take effect at 12:01 3
a.m. on the day following the expiration of the ninety-day period after 4
final adjournment of the general assembly that is allowed for submitting 5
a referendum petition pursuant to article V, section 1 (3) of the state 6
constitution (August 4, 2004, if adjournment sine die is on May 5, 2004); 7
except that, if a referendum petition is filed against this act or an item, 8
section, or part of this act within such period, then the act, item, section, 9
or part, if approved by the people, shall take effect on the date of the 10
official declaration of the vote thereon by proclamation of the governor. 11