(1) (a) "Architectural paint" means an interior or exterior architectural coating sold in a container of five gallons or less.

(b) "Architectural paint" does not include industrial, original equipment manufacturer, or specialty coatings as those terms are defined by the commission by rule.

(2) "Commission" means the solid and hazardous waste commission created in section 25-15-302.

(3) "Curbside service" means a waste collection, recycling, and disposal service that provides pickup of covered architectural paint from residences, including single- and multi-family dwelling units, and small businesses in quantities that a residence or small business would reasonably generate.

(4) "Department" means the department of public health and environment created in section 24-1-119, C.R.S.

(5) "Distributor" means a person who has a contractual relationship with one or more producers to market and sell architectural paint to retailers.

(6) "Energy recovery" means a process by which all or part of architectural paint materials are processed in order to use the heat content or another form of energy from the materials.

(7) "Environmentally sound management practices" means policies that a producer or a stewardship organization implements to ensure compliance with all applicable environmental laws, including laws addressing:

(a) Record keeping;

(b) Tracking and documenting the disposal of architectural paint within and outside the state; and

(c) Environmental liability coverage for professional services and contractor operations.

(8) "Executive director" means the executive director of the department or the executive director's designee.

(9) "Paint stewardship assessment" means an amount that a producer participating in a paint stewardship program adds to the purchase price of a container of architectural paint sold in Colorado that covers the cost of collecting, transporting, and processing postconsumer architectural paint statewide.

(10) "Paint stewardship program" means a program created in accordance with section 25-17-405.

(11) "Postconsumer architectural paint" means unused architectural paint that the purchaser of the paint no longer wants.

(12) "Producer" means an original producer of architectural paint that sells, offers for sale, or distributes architectural paint within or into Colorado under either the producer's own name or a brand that the producer manufactures.

(13) "Recycling" means a process that transforms discarded products, components, or byproducts into new usable or marketable materials that may involve a change in the product's identity. "Recycling" does not mean energy recovery or energy generation by means of combusting discarded products, components, or by-products with or without other waste products.

(14) "Retailer" means a person that sells or offers for sale architectural paint within or into Colorado.

(15) "Reuse" means the return of a product that has already been used into the marketplace for use in the same manner as originally intended without a change in the product's identity.

(16) "Sell" means to transfer title for consideration, including remote sales conducted through sales outlets, catalogs, or online. "Sell" does not include sales or donations of architectural paint in the original container for reuse.

(17) "Stewardship organization" means a corporation, nonprofit organization, or other legal entity created or contracted by one or more producers to implement a paint stewardship program.