Amendments for HB22-1355

House Journal, April 13
5 HB22-1355 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, page 6, strike lines 8 through 18.
10
11 Renumber succeeding subsections accordingly.
12
13 Page 7, after line 18 insert:
14
15 "(9) "COMPOSTABLE" MEANS A COVERED MATERIAL ASSOCIATED
16 WITH ORGANIC WASTE STREAMS THAT IS CAPABLE OF UNDERGOING
17 AEROBIC BIOLOGICAL DECOMPOSITION IN A CONTROLLED COMPOSTING
18 SYSTEM AS DEMONSTRATED BY MEETING ASTM D6400 OR ASTM
19 D6868.".
20
21 Renumber succeeding subsections accordingly.
22
23 Page 7, lines 25 and 26, strike "THAT ARE PROCESSED BY A MATERIALS
24 RECOVERY FACILITY OR SIMILAR FACILITY".
25
26 Page 8, line 8 strike "(15)(b)" and substitute "(13)(b)".
27
28 Page 8, line 9 strike "(15)(b)" and substitute "(13)(b)".
29
30 Page 8, after line 20 insert:
31
32 "(V) PACKAGING MATERIAL USED FOR COLORADO AGRICULTURAL
33 PRODUCTS SOLD UNDER THE NAME OF THE FARMER, GROWER, OR GROWER
34 COOPERATIVE;".
35
36 Renumber succeeding subparagraphs accordingly.
37 Page 9, line 14, strike "AND".
38
39 Page 9, after line 18 insert:
40
41 "(XII) PACKAGING MATERIAL USED TO CONTAIN A PORTABLE
42 ELECTRONIC DEVICE, AS DEFINED IN SECTION 10-4-1501, THAT HAS BEEN
43 REPAIRED AND RECONDITIONED TO BE SOLD AS A REFURBISHED PRODUCT;
44 (XIII) PAPER PRODUCTS USED FOR LOCAL NEWSPAPERS. AS USED
45 IN THIS SUBSECTION (13)(b)(XIII), "LOCAL NEWSPAPER" MEANS A
46 PUBLICATION THAT:
47 (A) PRIMARILY SERVES THE NEEDS OF THE STATE OR A REGIONAL
48 OR LOCAL COMMUNITY;
49 (B) PRIMARILY HAS CONTENT DERIVED FROM PRIMARY SOURCES
50 RELATED TO NEWS AND CURRENT EVENTS;
51 (C) EMPLOYS AT LEAST ONE JOURNALIST WHO RESIDES IN THE
52 STATE AND WHO REGULARLY GATHERS, COLLECTS, PHOTOGRAPHS,
53 RECORDS, WRITES, OR REPORTS NEWS AND INFORMATION THAT CONCERNS
54 LOCAL EVENTS OR OTHER MATTERS OF LOCAL INTEREST;
55 (D) HAS A MAJORITY OF ITS EMPLOYEES RESIDING IN THE STATE;
1 (E) IS COVERED BY MEDIA LIABILITY INSURANCE;
2 (F) DISCLOSES ITS OWNERSHIP TO THE PUBLIC; AND
3 (G) IS NEITHER A DISQUALIFIED ORGANIZATION NOR AN
4 ORGANIZATION THAT HAS RECEIVED MORE THAN FIFTY PERCENT OF ITS
5 GROSS REVENUE IN THE PREVIOUS TAX YEAR FROM DISQUALIFIED
6 ORGANIZATIONS. AS USED IN THIS SUBSECTION (13)(b)(XIII)(G),
7 "DISQUALIFIED ORGANIZATION" MEANS ANY ORGANIZATION THAT IS
8 DESCRIBED IN SECTION 501 (c)(4) OF THE FEDERAL "INTERNAL REVENUE
9 CODE OF 1986", AS AMENDED, AND IS EXEMPT FROM TAXATION UNDER
10 SECTION 501 (a) OF THE FEDERAL "INTERNAL REVENUE CODE OF 1986",
11 AS AMENDED; THAT IS DESCRIBED IN SECTION 501 (c)(6) OF THE FEDERAL
12 "INTERNAL REVENUE CODE OF 1986", AS AMENDED, AND IS EXEMPT FROM
13 TAXATION UNDER SECTION 501 (a) OF THE FEDERAL "INTERNAL REVENUE
14 CODE OF 1986", AS AMENDED; THAT IS DESCRIBED IN SECTION 527 OF THE
15 FEDERAL "INTERNAL REVENUE CODE OF 1986", AS AMENDED; OR THAT IS
16 OWNED OR CONTROLLED BY ONE OR MORE ORGANIZATIONS DESCRIBED
17 UNDER THIS SUBSECTION (13)(b)(XIII)(G).
18 (XIV) ANY OTHER MATERIAL THAT, BASED ON AN ANALYSIS BY
19 THE ORGANIZATION OF THE OPERATIONAL AND FINANCIAL IMPACTS OF THE
20 PROPOSED CHANGES AND AFTER CONSULTATION WITH THE ADVISORY
21 BOARD, THE COMMISSION DETERMINES BY RULE TO NOT BE A COVERED
22 MATERIAL.".
23
24 Page 10, strike lines 11 through 17.
25
26 Renumber succeeding subsections accordingly.
27
28 Page 13, after line 4 insert:
29
30 "(b) "POSTCONSUMER RECYCLED MATERIAL" INCLUDES RETURNS
31 OF MATERIAL FROM THE DISTRIBUTION CHAIN.".
32
33 Reletter succeeding paragraph accordingly.
34
35 Page 14, line 3, strike "OR".
36
37 Page 14, after line 3 insert:
38
39 "(d) FOR THE PURPOSES OF PAPER PRODUCTS NOT DESCRIBED IN
40 SUBSECTION (30)(c) OF THIS SECTION:
41 (I) THE PERSON THAT MANUFACTURES THE PAPER PRODUCT UNDER
42 THE MANUFACTURER'S OWN BRAND; OR
43 (II) IF THE PAPER PRODUCT IS MANUFACTURED BY A PERSON OTHER
44 THAN THE BRAND OWNER, THE PERSON THAT IS THE OWNER OR LICENSEE
45 OF THE BRAND OR TRADEMARK UNDER WHICH THE PAPER PRODUCT IS USED
46 IN A COMMERCIAL ENTERPRISE, SOLD, OFFERED FOR SALE, OR DISTRIBUTED
47 IN OR INTO THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED
48 IN THE STATE; OR".
49
50 Reletter succeeding paragraph accordingly.
51
52 Page 15, line 26, strike "PROCESSED AND ARE READY" and substitute
53 "PREPARED".
54
55
1 Page 16, line 2, strike "ESTABLISHMENT." and substitute "ESTABLISHMENT
2 THAT SELLS DIRECTLY TO RECLAIMERS OR END MARKETS.".
3
4 Page 16, line 3, strike "(I)".
5
6 Page 16, line 7, strike "(II)" and substitute "(b)".
7
8 Page 16, strike lines 9 and 10.
9
10 Page 18, line 11, strike "PRODUCER;" and substitute "PRODUCER, WITH THE
11 MEMBER ROTATING TO A PACKAGING MATERIAL SUPPLIER OF A DIFFERENT
12 TYPE OF PACKAGING MATERIAL AFTER EACH NEW TERM;".
13
14 Page 20, line 15, strike "RECOMMEND" and substitute "CONSULT WITH
15 THE ORGANIZATION ON".
16
17 Page 21, line 22, before "AND" insert "BY SIZE AND TYPE".
18
19 Page 21, lines 24 and 25, strike "A DIVERSITY OF MATERIAL TRADE
20 ASSOCIATIONS." and substitute "TRADE ASSOCIATIONS FOR TYPES OF
21 COVERED MATERIALS.".
22
23 Page 22, line 21, strike "AVAILABILITY" and substitute "AVAILABILITY,
24 CAPACITY, PERFORMANCE,".
25
26 Page 22, line 22, before "TO" insert "PROVIDED".
27
28 Page 23, strike lines 14 and 15 and substitute:
29
30 "(VI) THE PROCESSING CAPACITY OF EXISTING INFRASTRUCTURE
31 AND THE ADDITIONAL INFRASTRUCTURE NEEDED TO MEET OR EXCEED THE
32 CONVENIENCE STANDARDS, REDUCE CONTAMINATION, AND IMPROVE THE
33 QUALITY OF RECYCLABLE MATERIALS".
34
35 Page 23, line 18, strike "SUBSECTION (3)(a)(XII)" and substitute
36 "SUBSECTION (3)(a)(XIII)".
37
38 Page 23, after line 18 insert:
39
40 "(VII) AN EVALUATION OF THE OPPORTUNITIES AND COSTS OF
41 VARIOUS SERVICE METHODS TO INCREASE RECYCLING RATES OVERALL FOR
42 SPECIFIC COVERED MATERIAL TYPES;".
43
44 Renumber succeeding subparagraphs accordingly.
45
46 Page 23, strike line 22 and substitute "SERVICES, DROP-OFF CENTERS, OR
47 OTHER MEANS;".
48
49 Page 23, line 25, strike "STATE;" and substitute "STATE, INCLUDING THE
50 TRANSPORTATION GAPS AND OPPORTUNITIES AFFECTING ACCESS TO
51 MARKETS;".
52
53 Page 23, line 27, strike "TECHNOLOGIES" and substitute "TECHNOLOGIES,
54 INCLUDING ARTIFICIAL INTELLIGENCE TECHNOLOGIES,".
55
1 Page 24, line 10, strike "SCENARIO." and substitute "SCENARIO; AND".
2
3 Page 24, after line 10 insert:
4
5 "(XIV) THE CAPACITY, COSTS, AND GAPS FOR COMPOST FACILITIES
6 TO PROCESS AND RECOVER COMPOSTABLE MATERIALS.".
7
8 Page 24, line 14, strike "SUBSECTION (3)(a)(XII)" and substitute
9 "SUBSECTION (3)(a)(XIII)".
10
11 Page 24, line 26, strike "SUBSECTION (3)(a)(XII)" and substitute
12 "SUBSECTION (3)(a)(XIII)".
13
14 Page 27, line 8, after "PUBLISHERS" insert "AND MAGAZINE AND
15 PERIODICAL PUBLISHERS".
16
17 Page 27, strike lines 25 through 27.
18
19 Page 28, strike lines 1 through 5 and substitute "PRODUCER
20 RESPONSIBILITY DUES MUST VARY BY THE TYPE OF COVERED MATERIAL,
21 WHETHER OR NOT THE MATERIAL IS READILY RECYCLABLE, AND BE BASED
22 ON THE NET RECYCLING SERVICES COSTS FOR EACH COVERED MATERIAL
23 IN THE STATE.".
24
25 Page 28, line 13, strike "INCENTIVIZES:" and substitute "INCLUDES
26 ECO-MODULATION FACTORS THAT LOWER PRODUCER RESPONSIBILITY DUES
27 TO INCENTIVIZE:".
28
29 Page 28, lines 18 through 20, strike "USE IN A MANNER THAT DOES NOT
30 DISRUPT THE RECYCLING OF OTHER MATERIALS;" and substitute "USE;".
31
32 Page 28, line 24, strike "DISINCENTIVIZES:" and substitute "INCLUDES
33 ECO-MODULATION FACTORS THAT INCREASE PRODUCER RESPONSIBILITY
34 DUES TO DISCOURAGE:".
35
36 Page 29, line 27, strike "AND".
37
38 Page 29, after line 27 insert:
39
40 "(F) THE AMOUNT OF INBOUND CONTAMINATION AND OTHER
41 FACTORS AFFECTING THE QUALITY OF COVERED MATERIALS; AND".
42
43 Reletter succeeding sub-sub paragraph accordingly.
44
45 Page 30, line 4, strike "FORMULA" and substitute "FORMULAS".
46
47 Page 30, line 14, strike "DUES;" and substitute "DUES, INCLUDING A DE
48 MINIMIS LEVEL IN WHICH NO DUES ARE CHARGED AND AN OPTIONAL FLAT
49 RATE FOR PRODUCERS BELOW A CERTAIN SIZE TO MINIMIZE THE
50 ADMINISTRATIVE AND REPORTING COSTS OF THE PRODUCERS AND THE
51 ORGANIZATION;".
52
53
1 Page 31, line 8, strike "METRICS;" and substitute "METRICS, AND DESCRIBE
2 ANY WAIVERS FROM MINIMUM POSTCONSUMER-RECYCLED-CONTENT
3 RATES GRANTED TO A TYPE OR SUBCATEGORY OF COVERED MATERIALS
4 AND THE CRITERIA FOR EVALUATING SUCH WAIVERS, INCLUDING FOOD
5 SAFETY REQUIREMENTS, TECHNOLOGICAL FEASIBILITY, OR INADEQUATE
6 SUPPLY, AND HOW OFTEN THE WAIVERS WILL BE REVIEWED;".
7
8 Page 32, line 7, strike "CONTAMINATION;" and substitute
9 "CONTAMINATION AND TO PROCESS AND RECOVER COMPOSTABLE
10 PACKAGING MATERIALS;".
11
12 Page 32, strike line 15.
13
14 Page 32, line 16, strike "MATERIALS;" and substitute "MATERIALS IN THE
15 STATE; AND".
16
17 Page 32, after line 16 insert:
18
19 "(VII) INCREASE THE RECYCLING OF COLLECTED COVERED
20 MATERIALS;".
21
22 Page 32, line 23, strike "POST-CONSUMER" and substitute
23 "POSTCONSUMER".
24
25 Page 33, line 27, strike "SIXTY" and substitute "ONE HUNDRED TWENTY".
26
27 Page 34, line 27, strike "THE ADVISORY".
28
29 Page 35, strike lines 1 through 4 and substitute "AT LEAST THIRTY DAYS
30 PRIOR TO SUBMITTING THE ANNUAL REPORT PURSUANT TO SECTION
31 25-17-609 (2)(a), THE ORGANIZATION SHALL CONSULT WITH THE
32 ADVISORY BOARD ON ANY PROPOSED AMENDMENTS TO THE FINAL PLAN.
33 THE ADVISORY BOARD SHALL SUBMIT ANY PROPOSED AMENDMENTS TO
34 THE EXECUTIVE DIRECTOR. THE EXECUTIVE DIRECTOR SHALL".
35
36 Page 35, after line 18 insert:
37
38 "(8) (a) ON JANUARY 1, 2025, AND EACH JANUARY 1 THEREAFTER,
39 AS AN ALTERNATIVE TO PARTICIPATING IN THE PROGRAM, A PRODUCER
40 MAY SUBMIT TO THE ADVISORY BOARD AN INDIVIDUAL PROGRAM PLAN
41 PROPOSAL. A PRODUCER MUST NOTIFY THE DEPARTMENT OF ITS INTENT TO
42 SUBMIT AN INDIVIDUAL PROGRAM PLAN PROPOSAL BY JANUARY 1, 2024.
43 THE INDIVIDUAL PROGRAM PLAN PROPOSAL MUST:
44 (I) COMPLY WITH THE REQUIREMENTS OF SECTION 25-17-605 (4),
45 AS APPLICABLE;
46 (II) DESCRIBE HOW THE PRODUCER PARTICIPATING IN THE
47 INDIVIDUAL PROGRAM PLAN PROPOSAL WILL CONTRIBUTE TO THE COSTS
48 OF THE DEPARTMENT IN OVERSEEING THE PROGRAM;
49 (III) DESCRIBE HOW THE PRODUCER WILL REIMBURSE SERVICE
50 PROVIDERS THAT PROVIDE RECYCLING SERVICES FOR THE COVERED
51 MATERIALS COVERED BY THE INDIVIDUAL PROGRAM PLAN PROPOSAL; AND
52 (IV) DESCRIBE ANY ALTERNATIVE COLLECTION PROGRAMS RUN BY
53 THE PRODUCER AND ITS RECYCLING RATES.
54
1 (b) THE ADVISORY BOARD SHALL REVIEW AND MAKE
2 RECOMMENDATIONS ON, AND THE EXECUTIVE DIRECTOR SHALL APPROVE
3 OR REJECT, ANY INDIVIDUAL PROGRAM PLAN PROPOSALS IN ACCORDANCE
4 WITH THE PROCEDURES SET FORTH IN SUBSECTION (5) OF THIS SECTION.
5 AFTER THE EXECUTIVE DIRECTOR APPROVES THE INDIVIDUAL PROGRAM
6 PLAN PROPOSAL, THE EXECUTIVE DIRECTOR SHALL DESIGNATE THE
7 INDIVIDUAL PROGRAM PLAN PROPOSAL AS THE PLAN THAT THE PRODUCER
8 IS AUTHORIZED TO IMPLEMENT AND ADMINISTER AS AN ALTERNATIVE TO
9 PARTICIPATING IN THE PROGRAM.
10 (c) THE PRODUCER IMPLEMENTING A PLAN DESCRIBED IN
11 SUBSECTION (8)(b) OF THIS SECTION SHALL SUBMIT ANY AMENDMENTS TO
12 THE PLAN TO THE ADVISORY BOARD IN ACCORDANCE WITH SUBSECTION (6)
13 OF THIS SECTION. THE ADVISORY BOARD SHALL REVIEW AND MAKE
14 RECOMMENDATIONS ON, AND THE EXECUTIVE DIRECTOR SHALL APPROVE
15 OR REJECT, ANY AMENDMENTS TO THE PLAN IN ACCORDANCE WITH
16 SUBSECTION (6) OF THIS SECTION.".
17
18 Page 36, line 8, strike "MATERIALS." and substitute "MATERIALS IN A
19 MANNER THAT FACILITATES ATTAINING THE RATE TARGETS ESTABLISHED
20 IN THE FINAL PLAN UNDER SECTION 25-17-605 (4)(o).".
21
22 Page 36, line 13, after "SERVICES" insert "OR MEET THE CONVENIENCE
23 STANDARDS".
24
25 Page 36, line 16, strike "REGION" and substitute "REGIONS".
26
27 Page 36, strike lines 17 through 19 and substitute "WHERE THE
28 ORGANIZATION HAS ESTABLISHED A REASONABLE COST FOR THE
29 SUPPLEMENTAL COLLECTION OF COVERED MATERIALS THAT ARE NOT
30 READILY RECYCLABLE AND A RESPONSIBLE END MARKET HAS BEEN
31 ESTABLISHED. THE SERVICES DESCRIBED IN THIS SUBSECTION (2)(c) ARE
32 NOT SUBJECT TO THE CONVENIENCE STANDARDS.".
33
34 Page 38, line 18, after "OF" insert "INBOUND".
35
36 Page 39, line 4, strike "program plan" and substitute "producer
37 responsibility organization - coordination plan - rules".
38
39 Page 39, lines 9 and 10, strike " AN ADDITIONAL PROGRAM PLAN." and
40 substitute "THE FINAL PLAN OR ANY OTHER PLAN APPROVED BY THE
41 EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6. A PRODUCER MUST
42 REPORT THE DATA NECESSARY TO MEET ITS PLAN OBLIGATIONS AND MAY
43 USE PRORATED NATIONAL DATA IF STATE-SPECIFIC DATA IS NOT
44 AVAILABLE OR FEASIBLE TO GENERATE.".
45
46 Page 39, strike lines 25 through 27.
47
48 Page 40, strike lines 1 through 15 and substitute:
49
50 "(c) IF THE EXECUTIVE DIRECTOR DESIGNATES AN ADDITIONAL
51 PRODUCER RESPONSIBILITY ORGANIZATION PURSUANT TO SUBSECTION
52 (2)(b) OF THIS SECTION, THE ADDITIONAL PRODUCER RESPONSIBILITY
53 ORGANIZATION SHALL SUBMIT A COORDINATION PLAN TO THE EXECUTIVE
54 DIRECTOR FOR APPROVAL IN ACCORDANCE WITH THE RULES
55 PROMULGATED PURSUANT TO THIS SECTION (2)(c). WITHIN ONE HUNDRED
1 TWENTY DAYS AFTER THE DESIGNATION OF THE FIRST ADDITIONAL
2 PRODUCER RESPONSIBILITY ORGANIZATION, THE EXECUTIVE DIRECTOR
3 SHALL PROMULGATE BY RULE STANDARDS AND REQUIREMENTS FOR A
4 COORDINATION PLAN AND FOR COORDINATION BETWEEN THE
5 ORGANIZATION AND ANY ADDITIONAL PRODUCER RESPONSIBILITY
6 ORGANIZATIONS DESIGNATED BY THE EXECUTIVE DIRECTOR. A
7 COORDINATION PLAN APPROVED OR ORDERED BY THE EXECUTIVE
8 DIRECTOR SHALL BE IMPLEMENTED BY THE ORGANIZATION AND ANY
9 ADDITIONAL PRODUCER RESPONSIBILITY ORGANIZATIONS DESIGNATED BY
10 THE EXECUTIVE DIRECTOR. IF THE COORDINATION PLAN CONFLICTS WITH
11 THE FINAL PLAN OR ANY OTHER PLAN APPROVED BY THE EXECUTIVE
12 DIRECTOR PURSUANT TO THIS PART 6, THE PROVISIONS OF THE
13 COORDINATION PLAN PREVAIL. A COORDINATION PLAN APPROVED OR
14 ORDERED BY THE EXECUTIVE DIRECTOR IS VALID UNTIL REVOKED OR UNTIL
15 A NEW COORDINATION PLAN IS APPROVED OR ORDERED BY THE EXECUTIVE
16 DIRECTOR.
17 (3) THE EXECUTIVE DIRECTOR, THE ADVISORY BOARD, THE
18 ORGANIZATION, AN ADDITIONAL PRODUCER RESPONSIBILITY
19 ORGANIZATION, AND ANY OTHER PERSON ADMINISTERING A PLAN
20 APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6:".
21
22 Page 40, strike lines 20 through 22 and substitute "PROPOSAL, THE FINAL
23 PLAN, ANY OTHER PLAN APPROVED BY THE EXECUTIVE DIRECTOR
24 PURSUANT TO THIS PART 6, OR ANY AMENDMENT TO THE FINAL PLAN OR
25 OTHER PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS
26 PART 6.".
27
28 Page 40, strike lines 23 and 24 and substitute:
29
30 "(4) (a) THE PROGRAM AND ANY OTHER PLAN APPROVED BY THE
31 EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6 MUST COMPLY WITH ANY
32 FIRE, SOLID WASTE,".
33
34 Page 41, line 3, strike "OR AN ADDITIONAL PRODUCER RESPONSIBILITY
35 PROGRAM." and substitute "OR ANY OTHER PLAN APPROVED BY THE
36 EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6.".
37
38 Page 41, lines 5 and 6, strike "AN ADDITIONAL PRODUCER RESPONSIBILITY
39 PROGRAM," and substitute "ANY OTHER PLAN APPROVED BY THE
40 EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6,".
41
42 Page 41, lines 6 and 7, strike "ORGANIZATION OR ANY ADDITIONAL
43 PRODUCER RESPONSIBILITY ORGANIZATION" and substitute
44 "ORGANIZATION, ADDITIONAL PRODUCER RESPONSIBILITY ORGANIZATION,
45 OR OTHER PERSON RESPONSIBLE FOR ADMINISTERING A PLAN APPROVED BY
46 THE EXECUTIVE DIRECTOR UNDER THIS PART 6".
47
48 Page 41, lines 9 and 10, strike "ADDITIONAL PROGRAM PLAN." and
49 substitute "ANY OTHER PLAN APPROVED BY THE EXECUTIVE DIRECTOR
50 PURSUANT TO THIS PART 6.".
51
52 Page 41, line 11, strike "ORGANIZATION AND" and substitute
53 "ORGANIZATION,".
54
55
1 Page 41, line 12, strike "ORGANIZATION" and substitute "ORGANIZATION,
2 AND ANY PERSON ADMINISTERING A PLAN APPROVED BY THE EXECUTIVE
3 DIRECTOR PURSUANT TO THIS PART 6".
4
5 Page 41, lines 13 and 14, strike "ADDITIONAL PRODUCER RESPONSIBILITY
6 PROGRAM" and substitute "ANY OTHER PLAN APPROVED BY THE
7 EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6".
8
9 Page 41, lines 15 and 16, strike "OR ADDITIONAL PRODUCER
10 RESPONSIBILITY PROGRAM'S" and substitute "OR PLAN'S".
11
12 Page 41, lines 19 and 20, strike "AN ADDITIONAL PROGRAM PLAN" and
13 substitute "A PLAN".
14
15 Page 41, line 20, after "DIRECTOR" insert "PURSUANT TO THIS PART 6".
16
17 Page 41, line 22, strike "2025," and substitute "2026,".
18
19 Page 42, line 8, strike "ANNUALLY ON" and substitute "BY" and after "31"
20 insert "EACH YEAR THEREAFTER".
21
22 Page 43, strike lines 17 and 18 and substitute:
23
24 "(VII) THE RECYCLING RATE, COLLECTION RATE, AND
25 POSTCONSUMER-RECYCLED-CONTENT RATE FOR EACH TYPE".
26
27 Page 43, line 20, strike "TARGET" and substitute "TARGETS".
28
29 Page 44, line 6, strike "SERVICES AND DROP-OFF CENTERS" and substitute
30 "SERVICES, DROP-OFF CENTERS, AND OTHER ENTITIES".
31
32 Page 44, line 12, strike "AND IF" and substitute "AND, IF".
33
34 Page 45, line 7, strike "AND".
35
36 Page 45, line 9, strike "(1)(b)." and substitute "(1)(b);".
37
38 Page 45, after line 9 insert:
39
40 "(XVII) A DESCRIPTION OF THE IMPACT OF THE EXEMPTION
41 DESCRIBED IN SECTION 25-17-613 (3) ON THE AMOUNT OF PRODUCER
42 RESPONSIBILITY DUES BEING COLLECTED BY THE ORGANIZATION; AND
43 (XVIII) A DESCRIPTION OF THE ADVISORY BOARD'S FEEDBACK ON
605 44 ANY AMENDMENTS TO THE FINAL PLAN PURSUANT TO SECTION 25-17-
45 (6)(a).".
46
47 Page 45, strike lines 10 through 12 and substitute:
48
49 "(b) BEFORE MARCH 31 OF THE SECOND YEAR OF ANY PLAN
50 APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6 THAT
51 IS NOT THE FINAL PLAN, AND BY MARCH 31 EACH YEAR THEREAFTER, AN
52 ADDITIONAL PRODUCER RESPONSIBILITY ORGANIZATION OR OTHER PERSON
53 RESPONSIBLE FOR ADMINISTERING A PLAN APPROVED BY THE EXECUTIVE
54 DIRECTOR PURSUANT TO THIS PART 6 SHALL SUBMIT A".
55
1 Page 45, line 14, strike "ADDITIONAL PROGRAM".
2
3 Page 45, lines 19 and 20, strike "ADDITIONAL PRODUCER RESPONSIBILITY
4 PROGRAM" and substitute "PLAN".
5
6 Page 45, line 27, strike "AND ANY ADDITIONAL PRODUCER".
7
8 Page 46, line 1, strike "RESPONSIBILITY PROGRAMS." and substitute "AND
9 ANY OTHER PLANS APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO
10 THIS PART 6.".
11
12 Page 46, lines 10 and 11, strike "ANY ADDITIONAL PRODUCER
13 RESPONSIBILITY PROGRAM" and substitute "ANY OTHER PLAN APPROVED
14 BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6".
15
16 Page 46, lines 13 and 14, strike "IN THE FINAL PLAN OR ANY ADDITIONAL
17 PROGRAM PLAN," and substitute "IN THE PROGRAM OR PLAN,".
18
19 Page 46, line 16, strike "ORGANIZATION," and substitute "ORGANIZATION
20 OR OTHER PERSON RESPONSIBLE FOR ADMINISTERING THE PLAN,".
21
22 Page 46, line 17, strike "AN ADDITIONAL PRODUCER RESPONSIBILITY
23 PROGRAM," and substitute "ANY OTHER PLAN APPROVED BY THE
24 EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6,".
25
26 Page 46, line 21, after "ORGANIZATION," insert "A PERSON ADMINISTERING
27 A PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART
28 6,".
29
30 Page 46, line 23, after "ORGANIZATION," insert "PERSON ADMINISTERING
31 A PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART
32 6,".
33
34 Page 47, line 13, after "ORGANIZATION," insert "A PERSON ADMINISTERING
35 A PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART
36 6,".
37
38 Page 47, line 17, after "ORGANIZATION," insert "PERSON ADMINISTERING
39 A PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART
40 6,".
41
42 Page 47, line 19, after "ORGANIZATION," insert "PERSON ADMINISTERING
43 A PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART
44 6,".
45
46 Page 48, line 2, before "OR" insert "PERSON ADMINISTERING A PLAN
47 APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6,".
48
49 Page 48, line 9, after "ORGANIZATION," insert "PERSON ADMINISTERING A
50 PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART
51 6,".
52
53 Page 48, line 20, "ORGANIZATION," insert "A PERSON ADMINISTERING A
54 PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART
55 6,".
1 Page 48, lines 22 and 23, strike "AN ADDITIONAL PRODUCER
2 RESPONSIBILITY PROGRAM" and substitute "ANY OTHER PLAN APPROVED
3 BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6".
4
5 Page 48, line 25, strike "ADDITIONAL PRODUCER RESPONSIBILITY
6 PROGRAM" and substitute "PLAN".
7
8 Page 49, line 10, strike "REVENUE" and substitute "REVENUE, NOT
9 INCLUDING ON-PREMISES ALCOHOL SALES,".
10
11 Page 49, strike lines 16 through 21 and substitute:
12
13 "(e) AN INDIVIDUAL BUSINESS OPERATING A RETAIL FOOD
14 ESTABLISHMENT THAT IS LOCATED AT A PHYSICAL BUSINESS LOCATION
15 AND THAT IS LICENSED UNDER SECTION 25-4-1607 (1)(a) OR SECTION
16 32-106.5 (1) TO SECTION 32-106.5 (5) OF THE DENVER CODE OF
17 ORDINANCES; OR".
18
19 Page 50, lines 9 and 10, strike "ORGANIZATION OR AN ADDITIONAL
20 PRODUCER RESPONSIBILITY ORGANIZATION" and substitute
21 "ORGANIZATION, AN ADDITIONAL PRODUCER RESPONSIBILITY
22 ORGANIZATION, OR A PERSON ADMINISTERING A PLAN APPROVED BY THE
23 EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6".
24
25 Page 50, line 12, after "ORGANIZATION" insert "OR OTHER PERSON".
26
27 Page 50, lines 15 and 16, strike "ORGANIZATION'S OR ADDITIONAL
28 PRODUCER RESPONSIBILITY ORGANIZATION 'S" and substitute
29 "ORGANIZATION 'S , ADDITIONAL PRODUCER RESPONSIBILITY
30 ORGANIZATION'S, OR OTHER PERSON'S".
31
32 Page 50, lines 18 and 19, strike "ORGANIZATION OR ADDITIONAL
33 PRODUCER RESPONSIBILITY ORGANIZATION" and substitute
34 "ORGANIZATION, ADDITIONAL PRODUCER RESPONSIBILITY ORGANIZATION,
35 OR OTHER PERSON".
36
37

House Journal, April 26
8 HB22-1355 be amended as follows, and as so amended, be referred to
9 the Committee of the Whole with favorable
10 recommendation:
11
12 Amend printed bill, page 27, line 21, strike the second "AND".
13
14 Page 27, after line 23 insert:
15
16 "(F) REIMBURSING THE DEPARTMENT PURSUANT TO SECTION
17 25-17-616 FOR ITS COSTS IN ADMINISTERING AND IMPLEMENTING THIS
18 PART 6, INCLUDING THE COSTS OF THE ADVISORY BOARD; AND
19 (G) REIMBURSING THE DEPARTMENT PURSUANT TO SECTION
20 25-17-616 FOR THE COSTS OF ENFORCING THIS PART 6 PURSUANT TO
21 SECTION 25-17-610;".
22
23 Page 46, line 1, before "THE" insert "THE EXECUTIVE DIRECTOR SHALL
24 INCLUDE THE DEPARTMENT'S ACTIVITIES AND EXPENSES THAT WERE
25 REIMBURSED PURSUANT TO SECTION 25-17-616 IN THE GENERAL REPORT.".
26
27 Page 50, after line 20 insert:
28
29 "25-17-616. Producer responsibility program for statewide
30 recycling administration fund - creation - purpose. (1) THERE IS
31 HEREBY CREATED IN THE STATE TREASURY THE PRODUCER RESPONSIBILITY
32 PROGRAM FOR STATEWIDE RECYCLING ADMINISTRATION FUND, REFERRED
33 TO IN THIS SECTION AS THE "FUND". THE FUND CONSISTS OF ALL PRODUCER
34 RESPONSIBILITY DUES TRANSFERRED TO THE FUND PURSUANT TO THIS
35 SECTION AND MONEY THAT THE GENERAL ASSEMBLY TRANSFERS TO THE
36 FUND FOR USE BY THE DEPARTMENT. THE ORGANIZATION SHALL TRANSMIT
37 A PORTION OF THE PRODUCER RESPONSIBILITY DUES TO THE STATE
38 TREASURER FOR DEPOSIT IN THE FUND FOR PURPOSES OF REIMBURSING:
39 (a) THE DEPARTMENT, INCLUDING THE ADVISORY BOARD, FOR THE
40 REASONABLE COSTS INCURRED IN ADMINISTERING AND IMPLEMENTING
41 ANY PORTION OF THIS PART 6; AND
42 (b) THE DEPARTMENT FOR THE REASONABLE COSTS INCURRED IN
43 ENFORCING THIS PART 6 PURSUANT TO SECTION 25-17-610.
44 (2) (a) BY JUNE 30, 2026, THE DEPARTMENT SHALL NOTIFY THE
45 ORGANIZATION OF THE COSTS IN ADMINISTERING, IMPLEMENTING, AND
46 ENFORCING THIS PART 6 SINCE THE EFFECTIVE DATE OF THIS PART 6.
47 (b) BY JUNE 30 OF EACH YEAR AFTER JUNE 30, 2026, THE
48 DEPARTMENT SHALL NOTIFY THE ORGANIZATION OF THE COSTS OF
49 ADMINISTERING, IMPLEMENTING, AND ENFORCING THIS PART 6 DURING THE
50 IMMEDIATELY PRECEDING YEAR.
51 (c) UPON RECEIPT OF THE DEPARTMENT'S COST ACCOUNTING, THE
52 ORGANIZATION SHALL TRANSMIT TO THE STATE TREASURER, FOR DEPOSIT
53 IN THE FUND, AN AMOUNT OF PRODUCER RESPONSIBILITY DUES NECESSARY
54 TO REIMBURSE THE DEPARTMENT FOR ITS COSTS.
55
1 (3) THE GENERAL ASSEMBLY SHALL ANNUALLY APPROPRIATE
2 MONEY FROM THE FUND TO THE DEPARTMENT FOR THE PURPOSES SET
3 FORTH IN SUBSECTION (1) OF THIS SECTION.
4 (4) ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE FUND
5 AT THE END OF ANY STATE FISCAL YEAR REMAINS IN THE FUND AND SHALL
6 NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER
7 FUND. ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF
8 MONEY IN THE FUND REMAINS IN THE FUND AND DOES NOT REVERT TO THE
9 GENERAL FUND.".
10
11 Page 51, after line 1 insert:
12
13 "SECTION 2. Appropriation. (1) For the 2022-23 state fiscal
14 year, $119,130 is appropriated to the department of public health and
15 environment. This appropriation is from the general fund. To implement
16 this act, the department may use this appropriation as follows:
16 (a) $119,130 for use by the solid waste control program for 17 solid
18 waste control, which amount is based on an assumption that the program
19 will require an additional 0.8 FTE; and
20 (b) $20,503 for the purchase of legal services.
21 (2) For the 2022-23 state fiscal year, $20,503 is appropriated to
22 the department of law. This appropriation is from reappropriated funds
23 received from the department of public health and environment under
24 subsection (1)(b) of this section and is based on an assumption that the
25 department of law will require an additional 0.1 FTE. To implement this
26 act, the department of law may use this appropriation to provide legal
27 services for the department of public health and environment.".
28
29 Renumber succeeding section accordingly.
30
31 Page 1, line 102 strike "RECYCLING." and substitute "RECYCLING, AND,
32 IN CONNECTION THEREWITH, MAKING AN APPROPRIATION."
33
34

House Journal, April 29
22 Amendment No. 1, Appropriations Report, dated April 26, 2022, and
23 placed in member’s bill file; Report also printed in House Journal,
24 April 26, 2022.
25
26 Amendment No. 2, Energy & Environment Report, dated April 13, 2022,
27 and placed in member’s bill file; Report also printed in House Journal,
2022 28 April 14,
29
30 Amendment No. 3, by Representative Cutter.
31
32 Amend the Energy and Environment Committee Report, dated April 13,
33 2022, page 1, line 8, strike "D6868."." and substitute "D6868, OR ANY
34 SUCCESSOR STANDARDS.".".
35
36 Page 1, strike lines 15 through 18.
37
38 Page 3, line 15, strike "OFFERED FOR SALE,".
39
40 Page 7, line 5, strike "2024." and substitute "2024, AND BY EACH
41 JANUARY 1 THEREAFTER.".
42
43 Page 8, line 22, strike "SECTION" and substitute "SUBSECTION".
44
45 Page 9, line 21, strike "ANY".
46
47 Page 10, line 11, strike ""EACH YEAR THEREAFTER"." and substitute
48 ""EACH YEAR".".
49
50 Page 10, line 20, strike ""(1)(b);"." and substitute ""(1)(b); AND".".
51
52 Page 10, strike lines 22 through 24.
53
54 Page 10, line 25, strike "(XVIII)" and substitute ""(XVII)".
55
1 Page 12, strike lines 28 through 32.
2
3 Strike page 13 of the report.
4
5 Amendment No. 4, by Representative Cutter.
6
7 Amend the Energy and Environment Committee Report, dated April 13,
8 2022, page 2, strike lines 6 through 34 and substitute:
9
10 "(XIII) PAPER PRODUCTS USED FOR A PRINT PUBLICATION THAT
11 PRIMARILY INCLUDES CONTENT DERIVED FROM PRIMARY SOURCES
12 RELATED TO NEWS AND CURRENT EVENTS;
13 (XIV) PACKAGING MATERIAL USED TO CONTAIN A PRODUCT THAT
14 IS REGULATED AS INFANT FORMULA, AS DEFINED IN 21 U.S.C. SEC. 321 (z),
15 AS A MEDICAL FOOD, AS DEFINED IN 21 U.S.C. SEC. 360ee (b)(3), OR AS
16 FORTIFIED NUTRITIONAL SUPPLEMENTS USED FOR INDIVIDUALS WHO
17 REQUIRE SUPPLEMENTAL OR SOLE SOURCE NUTRITION TO MEET
18 NUTRITIONAL NEEDS DUE TO SPECIAL DIETARY NEEDS DIRECTLY RELATED
19 TO CANCER, CHRONIC KIDNEY DISEASE, DIABETES, MALNUTRITION, OR
20 FAILURE TO THRIVE, AS THOSE TERMS ARE DEFINED BY THE WORLD
21 HEALTH ORGANIZATION'S "INTERNATIONAL CLASSIFICATION OF
22 DISEASES" (TENTH REVISION), AS AMENDED OR REVISED, OR ANY OTHER
23 MEDICAL CONDITIONS AS DETERMINED BY THE COMMISSION BY RULE;
24 AND".
25
26 Page 2 of the report, line 35, strike "(XIV)" and substitute "(XV)".
27
28 Page 12 of the report, strike line 23 and substitute:
29
30 ""(e) AN AGRICULTURAL EMPLOYER, AS DEFINED IN SECTION
31 8-3-104 (1), REGARDLESS OF WHERE THE AGRICULTURAL EMPLOYER IS
32 LOCATED, WITH LESS THAN FIVE MILLION DOLLARS IN REALIZED GROSS
33 TOTAL REVENUE IN THE STATE FROM CONSUMER SALES OF AGRICULTURAL
34 PRODUCTS SOLD UNDER THE BRAND NAME OF THE FARMER, EGG
35 PRODUCER, GROWER, OR INDIVIDUAL GROWER COOPERATIVE;
36 (f) AN INDIVIDUAL BUSINESS OPERATING A RETAIL FOOD".
37
38 Renumber succeeding paragraph accordingly.".
39
40 Amendment No. 5, by representative Cutter.
41
42 Amend printed bill, page 7, line 5, strike "SOLD, OFFERED FOR SALE," and
43 substitute "SOLD".
44
45 Page 11, line 12, strike "DELIVERY, OR PRESENTATION" and substitute "OR
46 DELIVERY".
47
48 Page 12, line 4, strike "SOLD,".
49
50 Page 12, line 5, strike "OFFERED FOR SALE," and substitute "SOLD".
51
52 Page 12, line 23, strike "SOLD,".
53
54 Page 12, line 24, strike "OFFERED FOR SALE," and substitute "SOLD".
55
1 Page 13, line 9, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
2
3 Page 13, line 11, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
4
5 Page 13, line 17, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
6
7 Page 13, line 20, strike "SOLD, OFFERED FOR".
8
9 Page 13, line 21, strike "SALE," and substitute "SOLD".
10
11 Page 15, line 22, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
12
13 Page 16, line 27, strike "SELLS OR OFFERS FOR".
14
15 Page 17, line 1, strike "SALE" and substitute "SELLS".
16
17 Page 21, line 24, strike "MAY" and substitute "SHALL".
18
19 Page 22, line 24, strike "ACTUAL" and substitute "DOCUMENTED".
20
21 Page 30, line 4, strike "NECESSARY." and substitute "NECESSARY AND
22 USING DOCUMENTED COSTS.".
23
24 Page 37, line 9, strike "TO THE EXTENT REASONABLE, THE" and substitute
25 "THE".
26
27 Page 37, line 13, strike "TO THE EXTENT REASONABLE, ANY" and
28 substitute "ANY".
29
30 Page 39, line 6, strike "SELL, OFFER FOR".
31
32 Page 39, line 7, strike "SALE," and substitute "SELL".
33
34 Page 41, after line 17 insert:
35
36 "(6) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
37 ORGANIZATION AND ANY ADDITIONAL PRODUCER RESPONSIBILITY
38 ORGANIZATION SHALL NOT BE CONSIDERED A STATE-SPONSORED OR
39 STATE-OWNED ENTITY AND SHALL NOT BE CONSIDERED AN ENTERPRISE, AS
40 DEFINED IN SECTION 20 (2)(d) OF ARTICLE X OF THE STATE CONSTITUTION.
41 EMPLOYEES OF THE ORGANIZATION AND ANY ADDITIONAL PRODUCER
42 RESPONSIBILITY ORGANIZATION SHALL NOT BE CONSIDERED EMPLOYEES
43 OF THE STATE.".
44
45 Page 43, line 1, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
46
47 Page 49, line 12, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
48
49 Page 50, strike lines 8 through 20.
50
51 Amendment No. 6, by Representative Cutter.
52
53 Amend printed bill, page 8, line 4, after "(2)(c);" insert "HOSPITALITY
54 LOCATIONS;".
55
1 Page 8, after line 17 insert:
2 "(III) PRINTED PAPER USED TO DISTRIBUTE FINANCIAL
3 STATEMENTS, BILLING STATEMENTS, MEDICAL DOCUMENTS, OR OTHER
4 VITAL DOCUMENTS REQUIRED TO BE PROVIDED IN PAPER FORM BY
5 APPLICABLE CONSUMER PROTECTIONS LAWS OR OTHER STATE OR FEDERAL
6 LAWS;".
7
8 Renumber succeeding sub-paragraphs accordingly.
9
10 Page 9, line 9, strike "AS A TOXIC OR HAZARDOUS MATERIAL".
11
12 Page 16, line 13, before "COSTS" insert "APPLICABLE".
13
14 Page 33, line 12, strike "SIXTY" and substitute "NINETY".
15
16 Page 33, line 21, strike "THIRTY" and substitute "FORTY-FIVE".
17
18 Page 42, line 2, strike "DUES" and substitute "DUES, RECYCLING RATES,
19 COLLECTION RATES, POSTCONSUMER-RECYCLED-CONTENT RATES, AND
20 ANY OTHER MATERIALS NECESSARY FOR THE EXECUTIVE DIRECTOR TO
21 DETERMINE COMPLIANCE WITH THIS PART 6".
22
23 Page 42, after line 6 insert:
24 "(c) THE ORGANIZATION, ANY ADDITIONAL PRODUCER
25 RESPONSIBILITY ORGANIZATION, AND ANY PERSON ADMINISTERING A PLAN
26 APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6 SHALL
27 MAINTAIN ALL DOCUMENTS AND RECORDS NECESSARY FOR THE EXECUTIVE
28 DIRECTOR TO DETERMINE COMPLIANCE WITH THIS PART 6 AND SUBMIT ANY
29 SUCH DOCUMENTS AND RECORDS TO THE EXECUTIVE DIRECTOR UPON A
30 REQUEST BY THE EXECUTIVE DIRECTOR PURSUANT TO SUBSECTION (1)(b)
31 OF THIS SECTION.".
32
33 Page 51, after line 1 insert:
34 "SECTION 3. Severability. If any provision of this act or the
35 application thereof to any person or circumstance is held invalid, such
36 invalidity does not affect other provisions or applications of the act that
37 can be given effect without the invalid provision or application, and to
38 this end the provisions of this act are declared to be severable.".
39
40 Renumber succeeding section accordingly.
41
42 Upon request of Representative Bockenfeld, the bill was partially read at
43 length.
44
45 Laid Over, as amended, until later in the day.
46

House Journal, April 29
14 Amendment No. 7, by Representative Soper.
15
16 Amend printed bill, page 19, line 8, strike "MEMBERSHIP." and substitute
17 "MEMBERSHIP, INCLUDING REGIONS OUTSIDE OF THE FRONT RANGE.".
18
19 Page 21, line 23, after the period insert "THE MEMBERS OF THE
20 GOVERNING BOARD SHALL NOT HAVE MORE THAN ONE MEMBER PER
21 CORPORATE ENTITY.".
22
23 Page 35, line 18, after the period add "NOTWITHSTANDING ANY LAW TO
24 THE CONTRARY, THE ORGANIZATION MAY NOT MAKE ANY DETERMINATION
25 AS TO A PERSON'S COMPLIANCE WITH THIS PART 6.".
26
27 Page 41, after line 10 insert:
28
29 "(c) A LOCAL GOVERNMENT THAT RECEIVES REIMBURSEMENT
30 FUNDS FROM THE ORGANIZATION SHALL USE SUCH FUNDS FOR THE LOCAL
31 GOVERNMENT'S RECYCLING PROGRAM.".
32
33 As amended, ordered engrossed and placed on the Calendar for Third
34 Reading and Final Passage.
35

House Journal, April 29
27 Amend printed bill, page 39, line 6, after "(1)" insert "(a)".
28
29 Page 39, after line 10 insert:
30
31 "(b) NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION,
32 PARTICIPATION IN THE PROGRAM IS VOLUNTARY AND A PRODUCER MAY
33 CONTINUE TO SELL, OFFER FOR SALE, OR DISTRIBUTE ANY PRODUCTS THAT
34 USE COVERED MATERIALS IN THE STATE IF THE PRODUCER DOES NOT
35 AFFIRMATIVELY JOIN THE PROGRAM OR ANY OTHER PLAN APPROVED BY
36 THE EXECUTIVE DIRECTOR PURSUANT TO THIS PART 6.".
37
38 Page 46, strike line 20 and substitute " - injunction. (1) PURSUANT TO
6 39 SECTION 25-17-608 (1)(b), A PRODUCER DOES NOT VIOLATE THIS PART
40 IF THE PRODUCER DOES NOT AFFIRMATIVELY JOIN THE PROGRAM OR ANY
41 OTHER PLAN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO THIS
42 PART 6, AND SUCH PRODUCER CANNOT BE HELD LIABLE FOR AN
43 ADMINISTRATIVE PENALTY UNDER THIS SECTION.
44 (2) IF THE ORGANIZATION, AN ADDITIONAL PRODUCER".
45
46 Renumber succeeding subsections accordingly.
47
48 Page 51, line 1, strike "(4);" and substitute "(5);".
49
50 The amendment was declared lost by the following roll call vote:
51
52 YES 27 NO 36 EXCUSED 2 ABSENT
53 Amabile N Exum N Lynch Y Sirota N
54 Bacon N Froelich N McCluskie Y Snyder N
55 Baisley Y Geitner Y McCormick N Soper Y
1 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
2 Bernett N Gray N McLachlan Y Tipper N
3 Bird N Hanks E Michaelson Jenet N Titone N
4 Bockenfeld Y Herod N Mullica Y Valdez A. N
5 Boesenecker N Holtorf Y Neville Y Valdez D. N
6 Bradfield Y Hooton N Ortiz N Van Beber Y
7 Caraveo N Jodeh Y Pelton Y Van Winkle Y
8 Carver Y Kennedy N Pico Y Weissman N
9 Catlin Y Kipp N Ransom E Will Y
10 Cutter N Larson Y Rich Y Williams Y
11 Daugherty N Lindsay N Ricks N Woodrow N
12 Duran N Lontine N Roberts Y Woog Y
13 Esgar N Luck Y Sandridge Y Young N
14 Speaker N

House Journal, April 29
21 Amend printed bill, page 42, after line 6 insert:
22
23 "(c) BY JANUARY 1, 2026, AND EACH YEAR THEREAFTER, THE
24 EXECUTIVE DIRECTOR SHALL DEVELOP AN ECO-MODULATION BONUS
25 SCHEDULE THAT IS DESIGNED TO REDUCE THE PRODUCER RESPONSIBILITY
26 DUES OF PRODUCERS THAT MEET CERTAIN BENCHMARKS ESTABLISHED BY
27 THE EXECUTIVE DIRECTOR BY RULE. THE EXECUTIVE DIRECTOR SHALL
28 CONSULT WITH THE ORGANIZATION AND THE ADVISORY BOARD IN
29 DEVELOPING THE ECO-MODULATION BONUS SCHEDULE. THE
30 ORGANIZATION SHALL REDUCE THE PRODUCER RESPONSIBILITY DUES OF
31 PRODUCERS IN ACCORDANCE WITH THE ECO-MODULATION BONUS
32 SCHEDULE DEVELOPED BY THE EXECUTIVE DIRECTOR.".
33
34 The amendment was declared adopted by the following roll call vote:
35
36 YES 59 NO 4 EXCUSED 2 ABSENT
37 Amabile Y Exum Y Lynch Y Sirota Y
38 Bacon Y Froelich Y McCluskie Y Snyder Y
39 Baisley Y Geitner Y McCormick Y Soper Y
40 Benavidez Y Gonzales-Gutierrez Y McKean Y Sullivan Y
41 Bernett Y Gray Y McLachlan Y Tipper Y
42 Bird Y Hanks E Michaelson Jenet Y Titone Y
43 Bockenfeld Y Herod Y Mullica Y Valdez A. N
44 Boesenecker Y Holtorf Y Neville Y Valdez D. Y
45 Bradfield Y Hooton Y Ortiz Y Van Beber Y
46 Caraveo Y Jodeh Y Pelton Y Van Winkle Y
47 Carver Y Kennedy Y Pico Y Weissman Y
48 Catlin Y Kipp Y Ransom E Will Y
49 Cutter Y Larson Y Rich Y Williams Y
50 Daugherty Y Lindsay Y Ricks Y Woodrow N
51 Duran N Lontine Y Roberts Y Woog Y
52 Esgar N Luck Y Sandridge Y Young Y
53 Speaker Y

House Journal, April 29
5 Amend proposed committee amendment (HB1355_L.006), page 2, strike
6 lines 4 through 12.
7
8 The amendment was declared lost by the following roll call vote:
9
10 YES 22 NO 41 EXCUSED 2 ABSENT
11 Amabile N Exum N Lynch Y Sirota N
12 Bacon N Froelich N McCluskie N Snyder N
13 Baisley Y Geitner Y McCormick N Soper Y
14 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
15 Bernett N Gray N McLachlan N Tipper N
16 Bird N Hanks E Michaelson Jenet N Titone N
17 Bockenfeld Y Herod N Mullica N Valdez A. N
18 Boesenecker N Holtorf Y Neville Y Valdez D. N
19 Bradfield Y Hooton N Ortiz N Van Beber Y
20 Caraveo N Jodeh N Pelton Y Van Winkle Y
21 Carver Y Kennedy N Pico Y Weissman N
22 Catlin Y Kipp N Ransom E Will Y
23 Cutter N Larson Y Rich Y Williams Y
24 Daugherty N Lindsay N Ricks N Woodrow N
25 Duran N Lontine N Roberts N Woog Y
26 Esgar N Luck Y Sandridge Y Young N
27 Speaker N

House Journal, April 29
35 Amend printed bill, page 7, line 5, strike "SOLD, OFFERED FOR SALE," and
36 substitute "SOLD".
37
38 Page 11, line 12, strike "DELIVERY, OR PRESENTATION" and substitute "OR
39 DELIVERY".
40
41 Page 12, line 4, strike "SOLD,".
42
43 Page 12, line 5, strike "OFFERED FOR SALE," and substitute "SOLD".
44
45 Page 12, line 23, strike "SOLD,".
46
47 Page 12, line 24, strike "OFFERED FOR SALE," and substitute "SOLD".
48
49 Page 13, line 9, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
50
51 Page 13, line 11, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
52
53 Page 13, line 17, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
54
55 Page 13, line 20, strike "SOLD, OFFERED FOR".
1 Page 13, line 21, strike "SALE," and substitute "SOLD".
2
3 Page 15, line 22, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
4
5 Page 16, line 27, strike "SELLS OR OFFERS FOR".
6
7 Page 17, line 1, strike "SALE" and substitute "SELLS".
8
9 Page 21, line 24, strike "MAY" and substitute "SHALL".
10
11 Page 22, line 24, strike "ACTUAL" and substitute "DOCUMENTED".
12
13 Page 30, line 4, strike "NECESSARY." and substitute "NECESSARY AND
14 USING DOCUMENTED COSTS.".
15
16 Page 37, line 9, strike "TO THE EXTENT REASONABLE, THE" and substitute
17 "THE".
18
19 Page 37, line 13, strike "TO THE EXTENT REASONABLE, ANY" and
20 substitute "ANY".
21
22 Page 39, line 6, strike "SELL, OFFER FOR".
23
24 Page 39, line 7, strike "SALE," and substitute "SELL".
25
26 Page 41, after line 17 insert:
27
28 "(6) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
29 ORGANIZATION AND ANY ADDITIONAL PRODUCER RESPONSIBILITY
30 ORGANIZATION SHALL NOT BE CONSIDERED A STATE-SPONSORED OR
31 STATE-OWNED ENTITY AND SHALL NOT BE CONSIDERED AN ENTERPRISE, AS
32 DEFINED IN SECTION 20 (2)(d) OF ARTICLE X OF THE STATE CONSTITUTION.
33 EMPLOYEES OF THE ORGANIZATION AND ANY ADDITIONAL PRODUCER
34 RESPONSIBILITY ORGANIZATION SHALL NOT BE CONSIDERED EMPLOYEES
35 OF THE STATE.".
36
37 Page 43, line 1, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
38
39 Page 49, line 12, strike "SOLD, OFFERED FOR SALE," and substitute "SOLD".
40
41 Page 50, strike lines 8 through 20.
42
43 The amendment was declared lost by the following roll call vote:
44
45 YES 23 NO 40 EXCUSED 2 ABSENT
46 Amabile N Exum N Lynch Y Sirota N
47 Bacon N Froelich N McCluskie N Snyder N
48 Baisley Y Geitner Y McCormick N Soper Y
49 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
50 Bernett N Gray N McLachlan N Tipper N
51 Bird N Hanks E Michaelson Jenet N Titone N
52 Bockenfeld Y Herod N Mullica Y Valdez A. N
53 Boesenecker N Holtorf Y Neville Y Valdez D. N
54 Bradfield Y Hooton N Ortiz N Van Beber Y
55 Caraveo N Jodeh N Pelton Y Van Winkle Y
1 Carver Y Kennedy N Pico Y Weissman N
2 Catlin Y Kipp N Ransom E Will Y
3 Cutter N Larson Y Rich Y Williams Y
4 Daugherty N Lindsay N Ricks N Woodrow N
5 Duran N Lontine N Roberts N Woog Y
6 Esgar N Luck Y Sandridge Y Young N
7 Speaker N
8