2015 COLORADO GENERAL ASSEMBLY: LEGISLATIVE SUMMARY CONCERNING SOLID WASTE

Prepared for Colorado SWANA Rocky Mountain Chapter
May 19, 2015

Solid Waste Related Bills

HB15-1386 – ALIGNING THE SALES AND USE TAX TREATMENT OF EQUIPMENT USED FOR WASTE DIVERSION OR RECYCLING WITH THE SALES AND USE TAX TREATMENT OF MACHINERY AND MACHINE TOOLS USED IN MANUFACTURING, Sponsor: Senate: Scott and Heath House: Singer and Priola, others. Summary: Under current law, machinery and machine tools used in manufacturing tangible personal property are exempt from the state sales and use tax; however, equipment used for waste reduction or recycling purposes is not. For the calendar year 2015, the bill allows a taxpayer who operates a recycling or composting facility that submits a recycling or composting facility annual report to the department of public health and environment to apply for a refund of any state sales tax or use tax paid for waste reduction or recycling equipment. The bill specifies the types of equipment to which the refund applies and specifies procedures for applying to the department of revenue to receive the refund. For the calendar years 2016 and 2017, the refund is changed from a refund to a sales and use tax exemption.

Status:

  • 04/27/2015 Introduced In House – Assigned to Finance
  • 05/01/2015 House Second Reading Special Order – Passed – No Amendments
  • 05/04/2015 House Third Reading Passed – No Amendments
  • 05/04/2015 Introduced In Senate – Assigned to
  • 05/05/2015 Senate Committee on Finance Refer Unamended to Appropriations
  • 05/05/2015 Senate Committee on Appropriations Postpone Indefinitely

HB15-1210 Requires General Assembly review of new federal environmental laws that are required to maintain operation of State Environmental Law, Sponsors: Dore. Summary: This bill requires that by January 15 each year the air quality control commission, water quality control commission and solid and hazardous waste commission to submit an annual report to the general assembly regarding all new and amended rules that are required by new or amended regulations proposed or adopted by the federal environmental protection agency (EPA) pursuant to the federal clean air, clean water and hazardous waste laws to maintain state primacy regarding the enforcement of state environmental law operating in lieu of federal environmental law.

Status:

  • 02/3/2015 Introduced in House – Assigned to State, Veterans & Military Affairs
  • 03/16/2015 – Postponed indefinitely

HB15-1206 Sales & Use Tax Refund for Recycling Equipment, Sponsors: Jonathan Singer (D)
Summary: For each of the calendar years 2015 through 2019, the bill allows a taxpayer to apply for a refund of any state sales tax or use tax paid for machinery or equipment used directly and primarily in the recycling or reprocessing of waste products. The bill specifies the types of machinery or equipment to which the refund applies and specifies procedures for applying to the department of revenue to receive the refund. Amendment adds composting and waste reduction equipment and several definitions.

Status:

  • 02/3/2015 Introduced In House – Assigned to Business Affairs and Labor + Finance
  • 02/19/2015 House Committee on Business Affairs and Labor Refer Amended to Finance
  • 03/18/2015 House Committee on Finance – voted to postpone indefinitely (9-0)

SB15-076 Dispose Cathode Ray tubes at Hazardous Waste Sites, Sponsors: Grantham, Summary: Current law generally prohibits the land disposal of electronic devices, including those that contain cathode ray tubes. The bill allows disposal of cathode ray tubes, including electronic devices that contain them, at hazardous waste disposal sites. Senate Bill 12-133 prohibited landfill disposal of specified electronic devices as of July 1, 2013, with exemptions for rural counties that do not have at least two electronic waste recycling events per year and whose board of county commissioners approve the exemption. This bill gives county governments the option to dispose of CRTs at a licensed hazardous waste disposal site that is allowed to accept electronic devices for disposal. Counties that have access to a hazardous waste disposal site will require a minimal effort to notify their citizens of this option. To the extent that this option reduces the amount of illegal dumping, county governments could see a reduction in workload related to clean up and enforcement activities.

Status:

  • 1/14/2015 Introduced in the Senate – Assigned to Agriculture, Natural Resources and Energy
  • 4/30/2015 – Senate committee on Agriculture, Natural resources and Energy Postponed indefinitely

Environmental Bills of potential interest

HB15-1180 – Sales & Use Tax Refund for Medical & Clean Technology Research – creates and reenacts refunds for qualified taxpayer – sent to Governor

HB15-1178 – Emergency Well Pumping for Damaging High Groundwater – authorizes State engineer to lower water table in certain conditions – sent to Governor

HB15-1118 – Hydroelectric Power – Amends definition of “renewable energy resources” – postponed indefinitely

HB15-1038 – Flexible Water Markets – creates more flexibility to change beneficial use of an irrigation water right – postponed indefinitely

HB15-1259 – allows use of 100 gallons of residential rooftop rain barrel collection if used on the property – passed the House, laid over in the Senate

HB15-1249 – Recodify water pollution control fees for the discharge of pollutants into state waters including 3 new fees involving pesticide application, cost for Section 401 certification and application fee for new permits and extension for animal feeding operations – sent to Governor.

SB15-212 – Storm water detention facility (for environmental and public safety purposes) shall not materially injure water rights and could be required to release water – sent to Governor

HB15-1380 – Concerning State financial incentives to encourage watershed health, credit against state income tax – postponed indefinitely

HB15-1278 – Use of Agriculture water rights to cultivate marijuana – postponed indefinitely