(1) As used in this section, unless the context otherwise requires:
"Committee" means the pollution prevention advisory board assistance committeecreated in section 25-16.5-105.5.
"Fund" means the recycling resources economic opportunity fund created in section25-16.5-106.5 (1).
"Local government" means a county, home rule or statutory city, town, territorialcharter city, or city and county.
There is hereby created the recycling resources economic opportunity program. Inconnection with the program, the advisory board shall accept proposals from local governments requesting an award of a grant from moneys made available under the fund. Subject to the requirements of this subsection (2), the board may award grants under this section to nonprofit or for-profit organizations or other entities where the application submitted by the organization or entity applying for grant moneys has been approved by the local government within the boundaries of which the organization or entity is located. In awarding grants pursuant to this section, the board may consider proposals that have not been approved by a local government if the entity submitting the proposal provides documentation that the proposal will be beneficial to the community that would be affected by the grant award, the award otherwise satisfies the criteria specified in paragraph (b) of subsection (3) of this section, and the grant is made available for one of the purposes specified in subsection (4) of this section.
(a) The advisory board may award grants from the fund to public and private entities, both nonprofit and for-profit, including without limitation the department and solid waste disposal sites and facilities and their local affiliates that collect the solid waste user fee pursuant to section 25-16-104.5 (3.9).
(b) (I) In consultation with the committee, the advisory board shall develop criteria to guide it in making decisions concerning the awarding of grants to implement the purposes described in subsection (4) of this section. Such criteria shall include without limitation:
The amount of moneys raised for the fund by the region of the state in which theapplicant's project is located;
The needs of the community submitting the proposal;
The feasibility of the proposal and sustainability of the project that is the subject ofthe proposal;
The economic and environmental benefits that would accrue from the proposal, including the creation of markets for recycled materials;
Measurable results; and
Adverse impacts on existing businesses.
(II) In developing the criteria specified in subparagraph (I) of this paragraph (b), the advisory board shall determine priorities for the grants in consultation with the committee.
(4) The advisory board may award moneys from the fund to finance grants made available pursuant to subsection (2) of this section for the following purposes:
Recycling, beneficial use, and reuse;
Public-private partnerships that promote waste diversion, recycling, recycling markets, the beneficial use of discarded materials, or other recycling-related uses;
Developing or expanding local economic infrastructure for the sustainable use ofdiscarded materials;
Providing local incentives to develop or expand markets for recycled products;
Developing or expanding local recycling infrastructure;
Undertaking sustainable resource education programs;
Developing or implementing sustainable resource plans or programs for the use orcollection of organic matter, household hazardous waste, electronic scrap material, or other discarded materials;
Providing assistance in connection with the development or improvement of integrated waste management plans by local governments; and (i) Repealed.
(j) Reducing waste tire stockpiles.
Repealed.
Any grant award made pursuant to this section is made complete by means of acontract entered into between the department and the grant recipient that specifies the conditions for the grant and the requirements and responsibilities of the grant recipient, as applicable.
(6.5) (a) In addition to awarding grants pursuant to subsection (4) of this section, the advisory board may use money in the fund to reimburse, in accordance with section 25-16.5-105 (1)(n), eligible recycling businesses for locally assessed personal property taxes paid in the current tax year in this state on personal property that is located outside the front range, as defined in section 25-16.5-111 (2)(f).
(b) A person that applies for reimbursement pursuant to this subsection (6.5) must inform the advisory board, in a form and manner specified by the advisory board, of the type of business personal property that was subject to the taxes and how the property will help develop recycling markets.
Repealed.
This section is repealed, effective July 1, 2026.
Source: L. 2007: Entire section added, p. 1139, § 5, effective July 1. L. 2010: (8) amended, (HB 10-1052), ch. 84, p. 282, § 4, effective July 1. L. 2013: IP(4), (4)(h), (6), and (8) amended and (4)(i), (5), and (7) repealed, (SB 13-050), ch. 384, p. 2249, § 5, effective August 7. L. 2020: (6.5) added, (SB 20-055), ch. 289, p. 1431, § 4, effective September 14.
Editor's note: Section 8 of chapter 289 (SB 20-055), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after September 14, 2020.
Cross references: For the legislative declaration contained in the 2007 act enacting this section, see section 2 of chapter 278, Session Laws of Colorado 2007. For the legislative declaration in the 2010 act amending subsection (8), see section 1 of chapter 84, Session Laws of Colorado 2010.