Enrolled Copy H.B. 107
1 RECYCLING FACILITY TRANSPARENCY AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Douglas R. Welton Senate Sponsor: Curtis S. Bramble
2
3 LONG TITLE
4 General Description:
5 This bill requires political subdivisions to publish information about the collection of
6 recyclable materials.
7 Highlighted Provisions:
8 This bill:
9 ▸ defines terms;
10 ▸ requires a recyclable material hauler to report data to political subdivisions about the
11 amount of recycling material collected;
12 ▸ requires a recycling facility to submit an annual report on the amount of recycling
13 material collected to the Division of Waste Management and Radiation Control;
14 ▸ requires a political subdivision to publish the recycling data; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 19-6-509, as last amended by Laws of Utah 2023, Chapter 206
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 19-6-509 is amended to read:
26 19-6-509 . Recycling data -- Publication.
27 (1) As used in this section:
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28 (a) (i) "Municipal solid waste" means nonhazardous solid waste, including garbage,
29 refuse, office waste, or other similar material that results from the operation of
30 residential, municipal, commercial, or institutional establishments or community
31 activities.
32 (ii) "Municipal solid waste" does not include a plastic or material that is converted or
33 held at an advanced recycling facility, including:
34 (A) post-use polymers; or
35 (B) recovered feedstock.
36 (b) "Recyclable material" means municipal solid waste that is suitable for recycling.
37 (c) "Recyclable material hauler" means a person, including a political subdivision, who:
38 (i) for compensation, collects and transports recyclable material; and
39 (ii) uses the billing and collection system of a political subdivision to bill or collect
40 payment from the recyclable material hauler's customers.
41 (d) "Recycle" means to take action to recover recyclable materials from the municipal
42 solid waste stream for the purposes of use or reuse, conversion into raw materials, or
43 use in the production of new products.
44 (e) "Recycling facility" means a facility that:
45 (i) accepts recyclable material collected and paid for through a political subdivision's
46 billing process;
47 (ii) separates the recyclable material by material type;
48 (iii) sells the recyclable material; and
49 (iv) sends the waste stream contaminant to a landfill.
50 (f) "Recycling facility annual report" is a report submitted each year by a recycling
51 facility to the Division of Waste Management and Radiation Control.
52 (2) A recyclable material hauler shall [report, in accordance with Subsection (3) and
53 according to the best of the recycler's knowledge,] collect data on the approximate
54 tonnage of recyclable material collected by the recyclable material hauler that the
55 recyclable material hauler delivered directly, or through an intermediary hauler, to:
56 (a) a landfill; [and] or
57 (b) a recycling facility.
58 (3) (a) At least two times each calendar year, a recyclable material hauler shall [provide
59 the information] report the data described in Subsection (2) to [the political
60 subdivision whose billing and collection system the recyclable material hauler uses]
61 each political subdivision that the recyclable material hauler uses for billing and
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62 collection.
63 (b) The recyclable material hauler shall provide data under Subsection (3)(a) for the
64 longer of:
65 (i) the time since the recyclable material hauler last provided the data; or
66 (ii) six months before the day on which the data is provided.
67 (4) Within 45 days after the day on which a recyclable material hauler provides data under
68 this section, [a] the political subdivision shall publish the data, as available:
69 (a) in a newsletter produced by the [municipality] political subdivision; and
70 (b) if the political subdivision operates a website, on [a] the website operated by the [
71 municipality] political subdivision.
72 (5) (a) A recycling facility shall submit a recycling facility annual report by March 1.
73 (b) The recycling facility shall complete the recycling facility annual report:
74 (i) using the methods approved by the Division of Waste Management and Radiation
75 Control; and
76 (ii) including data collected during the previous calendar year.
77 (c) The Division of Waste Management and Radiation Control shall compile the data
78 submitted in the recycling facility annual reports described in this Subsection (5) by
79 June 1 each year.
80 (6) A political subdivision shall publish the data or an electronic link to the data compiled
81 by the Division of Waste Management and Radiation Control from the recycling facility
82 annual reports described in Subsection (5):
83 (a) in a newsletter produced by the political subdivision that is published between June 1
84 and October 1 of each year; and
85 (b) if a political subdivision operates a website, on the website each year beginning on a
86 date that occurs between June 1 and October 1, and ending no earlier than December
87 31 of the same year.
88 Section 2. Effective date.
89 This bill takes effect on May 1, 2024.
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Statutes affected:
Introduced: 19-6-509
Enrolled: 19-6-509
H.B. 107 1st Substitute (Not Adopted) Text: 19-6-509