(1) (a) The department shall collect information and data on recycling, solid waste, and solid waste diversion. Data required to be collected by the department on recycling, solid waste, and solid waste diversion as required by this subsection (1) includes: (I) Statewide and regional solid waste stream components such as type of material, quantities of each material, and flow of each material; (II) The proportion of solid waste generated in the state that has been diverted to other uses that may be based upon a model established by the federal environmental protection agency for the purpose of calculating a recycling rate; (III) Reutilized materials, amounts, and rates; (IV) Technical and innovative solid waste management developments; (V) A statewide inventory of sites and facilities performing recycling or other solid waste processing or diversion; (VI) The number of jobs created and any other economic impacts resulting from the awarding of Colorado circular community enterprise grants and funding made available pursuant to section 25-16.5-109 (6); and (VII) Other data as necessary to further the purposes of this part 1. (b) On or before February 1, 2009, and annually on or before February 1 of each calendar year thereafter, the department shall submit a report to the standing committee of reference in each house of the general assembly exercising jurisdiction over matters concerning public health and the environment that includes a summary of the information or data collected pursuant to paragraph (a) of this subsection (1) and all evaluations and conclusions drawn from the information or data collected. (2) The department shall hold any information or data submitted to it by solid waste entities pursuant to subsection (1) of this section as confidential business information upon request of the submitting entity if the information or data satisfies the definition of trade secret as specified in sections 7-7-102 (4) and 18-4-408 (2)(d), C.R.S. The burden of proving that the information or data is protected as a trade secret shall be upon the party asserting the claim.
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