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Code of Colorado Regulations eDocket
Official Publication of the State Administrative Rules (24-4-103(11) C.R.S.)

Details of Tracking Number   2023-00207


CCR details

Tracking Number 2023-00207
Type of Filing Permanent Rule
Department 1000 Department of Public Health and Environment
Agency 1007 Hazardous Materials and Waste Management Division
CCR Number 6 CCR 1007-2 Part 1
CCR Title SOLID WASTE SITES AND FACILITIES

Proposed rule

Notice Filed with SOS 04/14/2023
Rule ProposedRuleAttach2023-00207.pdf
Additional Information AddInfoAttach2023-00207.pdf
Statutory Authority These modifications are made pursuant to the authority granted to the Solid and Hazardous Waste Commission in Section 25-17-713, C.R.S.
Description of Subjects/Issues These proposed revisions to the regulations were developed in response to House Bill 22-1355, passed by the legislature in 2022, in which the General Assembly directed the Commission to adjust the Producer’s dollar limitation exemption by the consumer price index annually by July 1. Section 1.2 (Definitions) is being amended by adding the definition of “Producer” as defined in Section 25-17-703 (30) C.R.S. Section 1.8 (Producer Responsibility Authorization and Dollar Limit Exemption) is being added to adjust by rule the dollar limitation based on the percentage change in the United States Department of Labor’s Bureau of Labor Statistics Consumer Price Index (CPI) for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. Section 1.8.2 Producer Exemption Dollar Limit is also being added which describes that as of July 1, 2023, a producer is exempt from the requirements of Sections 25-17-701, et. seq., C.R.S., if the producer is a person with less than five million three hundred twenty thousand dollars ($5,320,000) in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year. Section 18 is being amended as a placeholder for the upcoming producer responsibility regulations.
Purpose/Objective of Rule These revisions to the regulations were developed in response to House Bill 22-1355, passed by the legislature in 2022, in which the General Assembly directed the Commission to adjust the Producer’s dollar limitation exemption by the consumer price index annually by July 1. Section 1.2 (Definitions) is being amended by adding the definition of “Producer” as defined in Section 25-17-703 (30) C.R.S. Section 1.8 (Producer Responsibility Authorization and Dollar Limit Exemption) is being added to adjust by rule the dollar limitation based on the percentage change in the United States Department of Labor’s Bureau of Labor Statistics Consumer Price Index (CPI) for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index. Section 1.8.2 Producer Exemption Dollar Limit is also being added which describes that as of July 1, 2023, a producer is exempt from the requirements of Sections 25-17-701, et. seq., C.R.S., if the producer is a person with less than five million three hundred twenty thousand dollars ($5,320,000) in realized gross total revenue, not including on-premises alcohol sales, during the prior calendar year. Section 18 is being amended as a placeholder for the upcoming producer responsibility regulations.
Basis And Purpose BasisAndPurposeAttachment2023-00207.docx
Submitted in response to issues raised by COLS/OLLS? No
Is this rule adopted in response to recent legislation? Yes
Recent legislation bill number HB22-1355
Hearing Date 05/16/2023
Hearing Time 09:00 AM
Hearing Location This meeting will be held online only at: https://us02web.zoom.us/meeting/register/tZcldO2tqz8iGtWNIFbFjxlBKeAKk-6Rzco-
Contact Name Brandy Valdez Murphy
Contact Title Administrator, Solid and Hazardous Waste Commission
Contact Telephone 303-692-3467
Contact email brandy.valdezmurphy@state.co.us

Adopted rule

Adopted Rules AdoptedRules02023-00207.docx
Redline Redline2023-00207.pdf
Adopted Date 05/16/2023
AGO requested date 05/17/2023
Attorney General Opinion 06/01/2023
Colorado Register publication date 06/25/2023
Effective Date 07/15/2023
Inserted into CCR 07/25/2023
  
  
  
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