HB 24-1069 — Recycling of Single-Use Electronic Smoking Devices

Second Regular Session Seventy-fourth General Assembly STATE OF COLORADO INTRODUCEDPREAMENDED This Unofficial Version Includes Committee Amendments Not Yet Adopted on Second Reading LLS NO.

24-0291.01 Christopher McMichael x4775 HOUSE BILL 24-1069 HOUSE SPONSORSHIP Valdez, SENATE SPONSORSHIP (None), House Committees Senate Committees Energy & Environment Appropriations A BILL FOR AN ACT CONCERNING THE CREATION OF THE ELECTRONIC SMOKING DEVICE RECYCLINGSTRATEGIESADVISORYGROUPTOMAKESTRATEGY RECOMMENDATIONS FOR THE RECYCLING OF SINGLE -USE ELECTRONIC SMOKING DEVICES .

-2- HB24-10691069 (d) There is an estimated 23.6 tons of lithium contained in the number of vapes sold annually in the United States, which is enough lithium to create about 2,600 electric vehicle batteries;

(e) Single-use electronic smoking devices are thrown away after being used, which means the hazardous substances, plastics, and metals in the vapes and cartridges make it into Colorado's landfills or end up as litter in streets, parks,parks,ools, groundwater, and waterways;

some landfills opt to burythe devices and others put the devices into an incinerator;incinerator, which can pose a fire hazard for waste haulers and workers at landfill facilities or other collection and processing facilities;

(i) There is currently no standardized method for recycling single-use electronic smoking devices;

and (j) Retailers who sell single-use electronic smoking devices, consumers, landfill facility operators,operators,ocal andgovernments, electronicschools, smokingand deviceelectronicsmokingdevicemanufacturersneedguidelinesandoptionsfor manufacturerssafely needrecycling, guidelinescollecting, and optionstransporting for recycling vapes and other electronic smoking devices so that the devices do not pollute Colorado's streets, parks, schools, groundwater, and waterways.

(2) The general assembly further finds and declares that it is in -3- 1069 Colorado's best interest to convene an advisory group to recommend strategies for the recycling of single-use electronic smoking devices.

In Colorado Revised Statutes, add 25-16.5-114 as -3- HB24-1069 follows:

Electronic smoking device recycling strategies advisory group - created - members - strategies - report - definitions -repeal.(1) ASUSEDINTHISSECTION ,UNLESSTHECONTEXTOTHERWISE REQUIRES:REQUIRES :

(a) "ADVISORYGROUP "MEANSTHEELECTRONICSMOKINGDEVICE RECYCLINGSTRATEGIESADVISORYGROUPCREATEDINSUBSECTION (2)OF(2OF THIS SECTION.

(b) "EECTRONICSMOKINGDEVICE"ELECTRONICSMOKINGDEVICE ""HASTHEMEANINGSETFORTH HASTHEMEANINGSETFORTH IN SECTION25-14-203 (4.5).

(d) "RECYCLE""RECYCLE OR"RECYCLING"OR "HAS"RECYCLING"HAS THE MEANING SET FORTH IN SECTION 25-17-302 (7).

(e) "SINGLE-USE ELECTRONIC SMOKING DEVICE " DOESMEANS NOTAN INCLUDEANELECTRONICSMOKINGDEVICETHATISDESIGNEDTOBEUSEDELECTRONICSMOKINGDEVICETHATISNOTDESIGNEDTOBEREFILLEDAND MOREHAS THANAN ONCEEMBEDDED BY THE CONSUMER AND THAT CONTAINS A REFILLABLE CARTRIDGE AND RECHARGEABLE BATTERY .

(3) TTHEADVISORYGROUPCONSISTSOFTHEFOLLOWINGFOURTEEN HE ADVISORY GROUP CONSISTS OF THE FOLLOWING TEN MEMBERS ,APPOINTED BY THE EXECUTIVE DIRECTOR:

(a) O NE MEMBER WHO REPRESENTS THE NICOTINE BASED-BASED SINGLE-USE ELECTRONIC SMOKING DEVICE INDUSTRY;

(b) TWOO MEMBERSNE MEMBER WHO REPRESENTREPRESENTS THE CANNABIS BASED-BASED -4- 1069 SINGLE-USE ELECTRONIC SMOKING DEVICE INDUSTRY;INDUSTR;

(c) O NE MEMBER WHO REPRESENTS SINGLE USE-USE ELECTRONIC -4- HB24-1069 SMOKING DEVICE RETAILERS;

(d) O NE MEMBER WHO REPRESENTS A RETAIL ESTABLISHMENT THAT IS AN INDEPENDENTLY OWNED CONVENIENCE STORESTORE; ;

(e) ONE MEMBER WHO REPRESENTS THE DEPARTMENT AND WHO SPECIALIZES IN ELECTRONIC WASTE RECYCLIN;RECYCLI;G (f)O NE MEMBER WHO REPRESENTS WASTE HAULERS ,AS DEFINED IN SECTION30-20-1001 (16);

(f)(g) TOONEMEMBERWHOREPRESENTSAWASTERECYCLINGFACILITY MEMBERSTHAT WHORECYCLES REPRESENTELECTRONIC WASTE HAULERS; ,ASDEFINED IN SECTION30-20-1001 (16);

(g) ONEMEMBERWHOREPRESENTSAWASTERECYCLINGFACILITY THAT RECYCLES ELECTRONIC WASTE ;AND (h) ONE MEMBER WHO REPRESENTS A COLORADO ORGANIZATION FOCUSED ON ENVIRONMENTAL CLEANUP AND THE MITIGATION OF ENVIRONMENTAL POLLUTION .;

(i) ONE MEMBER WHO REPRESENTS THE DEPARTMENT AND WHO HAS EXPERIENCE IN THE UTILIZATION OF AND THE HEALTH IMPACTS OF ELECTRONIC SMOKING DEVICES;

(j) O NE MEMBER WHO REPRESENTS AN ENVIRONMENTAL OR COMMUNITY BASED NONPROFIT ORGANIZATION THAT FOCUSES ON THE RECYCLING AND DISPOSAL OF WASTE;

(k) ONEMEMBERWHOREPRESENTSASCHOOLORSCHOOLDISTRICT WHO IS FAMILIAR WITH THE IMPACT AND PRACTICES OF DISPOSING OF SINGLE-USE ELECTRONIC SMOKING DEVICE;

(l) NEMEMBERWHOREPRESENTSACOUNTYORAMUNICIPALITY FROM C OLORADO S FRONT RANGE AND WHO IS A REPRESENTATIVE OF A COUNTYORAMUNICIPALHEALTHDEPARTMENTORWHOHASEXPERIENCE WITHTHERECYCLINGANDDISPOSALOFHOUSEHOLDHAZARDOUSWASTE ;

-5- 1069 (m) ONEMEMBERWHOREPRESENTSARURALCOUNTYORARURAL MUNICIPALITY IN COLORADO AND WHO IS A REPRESENTATIVE OF A COUNTYORAMUNICIPALHEALTHDEPARTMENTORWHOHASEXPERIENCE WITHTHERECYCLINGANDDISPOSALOFHOUSEHOLDHAZARDOUSWASTE ;

AND (n) ONE MEMBER WHO REPRESENTS A HOSPITALITY OR ENTERTAINMENT VENUE AND IS FAMILIAR WITH THE IMPACTS AND PRACTICES OF DISPOSING OF SINGUSE ELECTRONIC SMOKING DEVICES.

(b)(b)(I) THEHE EXECUTIVE DIRECTORSHALLCALLTHEDIRECTORSHALLCALLTHEFIRSTMEETING FIRSTOF MEETINGOF THE ADVISORY GROUPGROUP,WHICH ,WHICH MEETING MUST OCCUR ON OR BEFORE O CTOBER 31, 2024.

(c)(II) ATALL THEMEETINGS FIRST MEETING OF THE ADVISORY GROUP ,ARE OPEN TO THE PUBLIC,AND THE ADVISORY GROUP SHALLMUST ELECTALLOW ,BY A SIMPLEPUBLIC MAJORITYCOMMENT VOTE,APERIOD CHAIRAT ANDTHE VICE-CHAIRMEETING. FROM AMONG ITS MEMBERS .

(d)(III) (I)OTICE TOFALLMEETINGS OFTHE ADVISORY GROUP SHALLMUST MEETBE ATPOSTEDONTHEDEPARTMENT LEAST'SWEBSITEATLEASTFORTY THREEEIGHTHOURSIN TIMESADVANCE BEFOREOF ATHE UGUSTMEETING. 1, 2025.

(II)(c) TEAT CHAIRTHE FIRST MEETING OF THE ADVISORY GROUP MAY, CALLTHE ADDITIONALADVISORY MEETINGSGROUP ASSHALL NECESSARYELECT .,BY A SIMPLE MAJORITY VOT,A CHAIR AND VICE-CHAIR FROM AMONG ITS MEMBERS.

(5)(d) (I) T HE ADVISORY GROUP SHALLSHALLMEET ANALYZEAT INFORMATIONLEAST ,THREE METHODSTIMES ,BEFORE STRATEGIES,ANDA POLICIESUGUST1, RELATED2025. TO THE RECYCLING OF -5- HB24-1069 SINGLE-USE ELECTRONIC SMOKING DEVICE.

(II) TE CHAIR OF THE ADVISORY GROUP MAY CALL ADDITIONAL MEETINGS AS NECESSARY.

-6- 1069 (5) THE ADVISORY GROUP SHALL ANALYZE INFORMATION , METHODS ,STRATEGIES, AND POLICIES RELATED TO THE RECYCLING OF SINGLE-USE ELECTRONIC SMOKING DEVICE.

(a) EALUATETHEEXTENTOFPOLLUTIONTHATISCAUSEDBYTHE DISPOSAL OF SINGL-USE ELECTRONIC SMOKING DEVICES IN LANDFIL;SLANDFILLS (b)AND R EVIEW EXISTING PRACTICES FOR THE RECYCLINGENVIRONMENT OF; SINGLE-USE ELECTRONIC SMOKING DEVICE;

(b) REVIEW EXISTING PRACTICES FOR THE RECYCLING , COLLECTION,ANDTRANSPORTATIONOFSINGLE -USEELECTRONICSMOKING DEVICES THROUGHOUT THE DIFFERENT REGIONS OF COLORADO , AS DESCRIBED IN THE INTEGRATED SOLID WASTE AND MATERIALS MANAGEMENT PLAN ;

(d) CONSIDER METHODS AND STRATEGIES FOR RECYCLING SINGLE-USE ELECTRONIC SMOKING DEVICES THAT ENSURE THE HAZARDOUS WASTE AND OTHER MATERIALS ASSOCIATED WITH ELECTRONIC SMOKING DEVICES DO NOT POLLUTE C OLORADO S ENVIRONMENT ;OR POSE A DANGER TO WORKERS IN THE SOLID WASTE COLLECTION TRANSPORTATION ,PROCESSING,DISPOSAL,ANDRECYCLING INDUSTRIES;

(f) RCOMMENDANYSTATEORLOCALGOVERNMENTPOLICIESOR PROGRAMS RELATED TO THE RECYCLING OF SINGLE -USE ELECTRONIC SMOKING-7- DEVICES;AND1069 (g) IENTIFYANYEXISTINGSTATEORFEDERALGRANTPROGRAMS OR OTHER PROGRAMS THAT MAY BE AVAILABLE TO ASSIST IN THE DEVELOPMENT OF STRATEGIES FOR THE RECYCLING OF SINGLE -USE ELECTRONIC SMOKING DEVICESDEVICES; INCOLORADO .

(6)(g) (a)CONSIDERASTATEPOLICYTHATWOULDPROHIBITTHESALEOF THESINGLE-USE ADVISORYELECTRONIC GROUPSMOKING SHALLDEVICES DEVELOPICOLORADO A;AND REPORT(h) REGARDINGANYFINDINGSDENTIFYANYEXISTINGSTATEORFEDERALGRANTPROGRAMS ,STRATEGIES,ORRECOMMENDATIONSFORTHEOR RECYCLINGOTHER OFSINGLE-USEPROGRAMS ELECTRONICSMOKINGTHAT DEVICESMAY PURSUANTBE AVAILABLE TO -6-ASSIST HB24-1069IN THE ANALYSISDEVELOPMENT CONDUCTEDOF PURSUANTSTRATEGIES TOFOR SUBSECTIONTHE (5)RECYCLING OF THISSINGLE SECTION.-USE ELECTRONIC SMOKING DEVICES;