COHB-22-1355Enacted

Producer Responsibility Program For Recycling

Jurisdiction:: Colorado
Type:: EPR
Last action:: Jun 3, 2022

Plastic PackagingPaper Packaging

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Applies toProducers of covered materials — including manufacturers, brand owners, and importers — who sell or distribute covered materials within or into the State of Colorado

Obligations under this law

·Pay annual producer responsibility dues to fund the Producer Responsibility Program
·Participate in or join a Producer Responsibility Organization (PRO) designated by the department
·Comply with the final plan approved by the executive director

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Covered Products

·Packaging material: any material intended for single or short-term use used for containment, protection, handling, or delivery of products to consumers at point of sale, including through internet transactions, and products supplied to or purchased by consumers for facilitating food or beverage storage
·Paper products, except those excluded by statute

Producer Obligations

·Pay annual producer responsibility dues to fund the Producer Responsibility Program
·Participate in or join a Producer Responsibility Organization (PRO) designated by the department
·Comply with the final plan approved by the executive director
·Finance statewide recycling services for covered materials
·Design and manage covered materials to prevent or minimize negative environmental, social, economic, and health impacts
·Promote increased use of readily recyclable materials in new products and packaging

Exemptions

·Packaging materials intended for long-term storage or protection of a durable product and intended to transport, protect, or store the product for at least five years
·Paper products that, through their use, could become unsafe or unsanitary to handle
·Printed paper used to distribute financial statements, billing statements, medical documents, or other vital documents required to be provided in paper form by applicable consumer protection laws or other state or federal laws
·Bound books
·Beverage containers subject to a returnable container deposit, if applicable
·Packaging material used exclusively in industrial or manufacturing processes
·Packaging material used to contain a product regulated as a drug, medical device, or dietary supplement by the FDA under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.), or any equipment and materials used to manufacture such products
·Packaging material used to contain a product regulated as animal biologics (including vaccines, bacterins, antisera, diagnostic kits, and other products of biological origin) under the federal Virus-Serum-Toxin Act (21 U.S.C. § 151 et seq.)
·Packaging material used to contain a product regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq.)
·Packaging material used to contain architectural paint covered under a paint stewardship program under Part 4 of Article 17
·Packaging material used to contain a product required under state law to be sold in packaging meeting the Poison Prevention Packaging Act of 1970 (15 U.S.C. § 1471 et seq.) standards
·Packaging material used to contain a portable electronic device (as defined in § 10-4-1501) that has been repaired and reconditioned to be sold as a refurbished product
·Paper products used for a print publication that primarily includes content derived from primary sources related to news and current events
·Packaging material used to contain infant formula (as defined in 21 U.S.C. § 321(z)), medical food (as defined in 21 U.S.C. § 360ee(b)(3)), or fortified nutritional supplements used for individuals requiring supplemental or sole source nutrition due to special dietary needs directly related to cancer, chronic kidney disease, diabetes, malnutrition, or failure to thrive as defined by WHO ICD-10, or other medical conditions as determined by the Commission by rule
·Any other material that the Commission determines by rule to not be a covered material, based on analysis by the organization of operational and financial impacts and after consultation with the advisory board

Producer Definition

Producers of covered materials — including manufacturers, brand owners, and importers — who sell or distribute covered materials within or into the State of Colorado

Fee Structure

Eco Modulated: Annual producer responsibility dues paid by producers of covered materials; specific fee amounts and eco-modulation criteria not specified in the provided text

Enforcement

Colorado Department of Public Health and Environment (CDPHE); Solid and Hazardous Waste Commission: Not specified in the provided text

Preemption Notes

The bill establishes a statewide producer responsibility program managed at the state level, which may preempt or supersede local government recycling programs or requirements. The Front Range counties are specifically defined, suggesting differentiated obligations or standards may apply. No explicit preemption clause is visible in the provided text, but the centralized statewide system design creates medium preemption risk for local ordinances.

Compliance Dimensions

Collection / Recovery Targetscovered materials (packaging materials and paper products) by 2030; covered materials (packaging materials and paper products) by 2035

“Set minimum rate targets that the state will strive to meet by January 1, 2030, and January 1, 2035, and describe how the state can meet increased rates after 2035”

Recycled-Content Minimumscovered materials (packaging materials and paper products) by 2030; covered materials (packaging materials and paper products) by 2035

“Set minimum rate targets that the state will strive to meet by January 1, 2030, and January 1, 2035, and describe how the state can meet increased rates after 2035”

PenaltiesPenalties for non-compliance

“The act establishes an administrative penalty for the organization's or a producer's violation of the relevant statutes and rules. The collected penalties are deposited into the recycling resources economic opportunity fund.”

Bans & Restrictionsproducts using covered materials (packaging materials and paper products) (Sales Ban), 2025

“Effective July 1, 2025, a producer may not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, after January 1, 2029, as set forth in the final plan or another plan approved by the executive director.”

PRO StructureSingle Pro · needs-assessment required

“On or before June 1, 2023, the executive director (executive director) of the Colorado department of public health and environment (department) must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state”

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Full bill text

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Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary: On or before June 1, 2023, the executive director (executive director) of the Colorado department of public health and environment (department) must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state, which are defined as residences, public places, small businesses, schools, hospitality locations, and state and local government buildings. The program is funded by annual dues (producer responsibility dues) paid by producers of products that use covered materials (producers). Covered materials are defined as packaging materials and paper products. The act creates the producer responsibility program for statewide recycling advisory board (advisory board), which consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state. Prior to the implementation of the program, the organization must: On or before September 1, 2023, hire an independent third party to conduct an assessment of the recycling services currently provided in the state and the recycling needs in the state that are not being met (needs assessment); On or before January 30, 2024, report the results of the needs assessment to the advisory board and the executive director; On or before March 15, 2024, submit and present the needs assessment to the joint budget committee; and On or before February 1, 2025, after soliciting input from the advisory board and other key stakeholders, submit a plan proposal for the program (plan proposal) to the advisory board and executive director. The plan proposal will initially cover recycling services only for residential covered entities. The plan proposal must: Describe how the organization will meet certain convenience standards and statewide recycling, collection, and postconsumer-recycled-content rates (rates); Establish a funding mechanism through the collection of producer responsibility dues that covers the organization's costs in implementing the program and the costs of the department in overseeing the program; Establish an objective formula to reimburse 100% of the net recycling services costs of public and private recycling service providers (providers) performing services under the program; Provide a list of covered materials (minimum recyclable list) that providers performing services under the program must collect to be eligible for reimbursement under the program; Set minimum rate targets that the state will strive to meet by January 1, 2030, and January 1, 2035, and describe how the state can meet increased rates after 2035; and Describe a process and timeline, beginning no later than 2028, to expand recycling services to applicable nonresidential covered entities. As part of the program, the organization must: Utilize and expand on providers' existing recycling services to provide statewide recycling services at no charge to covered entities for all covered materials on the minimum recyclable list; Develop and implement a statewide education and outreach program on the recycling and reuse of covered materials; Contract with an independent third party to conduct an annual audit of the program; and Submit an annual report to the advisory board describing the progress of the program (annual report). On January 1, 2025, and each January 1 thereafter, as an alternative to participating in the program, a producer may submit an individual plan proposal to the advisory board. The advisory board will review and make recommendations on, and the executive director shall approve or reject, the individual plan proposal. The act establishes the producer responsibility program for statewide recycling administration fund (fund). On or before June 30, 2026, and on each June 30 thereafter, the department will notify the organization of its costs in overseeing and enforcing the program, and the organization will transmit a portion of the producer responsibility dues to the fund for the purposes of reimbursing the department for its costs. Effective July 1, 2025, a producer may not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, after January 1, 2029, as set forth in the final plan or another plan approved by the executive director. The advisory board has the following duties: Advise the organization on the needs assessment; Review the needs assessment; Review the plan proposal and make recommendations to the executive director regarding its approval or rejection; Consult with the organization on any amendments to the plan proposal and then make recommendations to the executive director regarding approval or rejection of the amendments; Review the annual report submitted by the organization; and Consult with the organization on the development and updating of the minimum recyclable list. The act establishes an administrative penalty for the organization's or a producer's violation of the relevant statutes and rules. The collected penalties are deposited into the recycling resources economic opportunity fund. For the 2022-23 fiscal year, $119,130 is appropriated from the general fund to the department to implement the act, of which $20,503 is reappropriated to the department of law to provide legal services for the department. (Note: This summary applies to this bill as enacted.) bill-detail#toggle' id='read-more-less-btn'> Read more Prime Sponsors Representative Lisa Cutter Senator Kevin Priola Senator Julie Gonzales Committees House Energy & Environment Appropriations Senate Finance Appropriations Share: If you require reasonable accessibility accommodation to access this content, please email accessibility@coleg.gov . Status Became Law Introduced Passed Became Law Related Documents & Information Bill Text Fiscal Committees Votes Amendments Bill History Sponsors Session Laws Bill Text Fiscal Committees Votes Amendments Bill History Sponsors Session Laws All Versions (7) Date Version Documents 06/03/2022 Signed Act PDF 05/31/2022 Final Act PDF 05/11/2022 Rerevised PDF 05/10/2022 Revised PDF 05/02/2022 Reengrossed PDF 04/29/2022 Engrossed PDF 03/31/2022 Introduced PDF Preamended Versions (4) Date Version Documents 05/06/2022 PDF 05/05/2022 PDF 04/26/2022 PDF 04/19/2022 PDF Fiscal Notes (3) Date Version Documents 09/06/2022 FN3 PDF 04/26/2022 FN2 PDF 04/05/2022 FN1 PDF Budget Staff Analysis (2) Date Version Documents 05/06/2022 SA2 PDF 04/25/2022 SA1 PDF 05/06/2022 | Senate Appropriations (2) Activity Vote Documents Adopt amendment J.002 The motion passed without objection. Vote summary Refer House Bill 22-1355, as amended, to the Committee of the Whole. The motion passed on a vote of 4-3. Vote summary Hearing Summary | Committee Report: PDF 05/04/2022 | Senate Finance (3) Activity Vote Documents Adopt amendment L.033 (Attachment O) The motion passed without objection. Vote summary Adopt amendment L.032 (Attachment P) The motion failed on a vote of 1-4. Vote summary Refer House Bill 22-1355, as amended, to the Committee on Appropriations. The motion passed on a vote of 4-1. Vote summary Hearing Summary | Committee Report: PDF 04/26/2022 | House Appropriations (4) Activity Vote Documents Adopt amendment L.005 The motion passed on a vote of 7-4. Vote summary Adopt amendment L.008 The motion passed on a vote of 7-4. Vote summary Adopt amendment J.001 The motion passed on a vote of 7-4. Vote summary Refer House Bill 22-1355, as amended, to the Committee of the Whole. The motion passed on a vote of 7-4. Vote summary Hearing Summary | Committee Report: PDF 04/13/2022 | House Energy & Environment (5) Activity Vote Documents Adopt amendment L.002 that amends L.001. The motion passed on a vote of 7-4. Vote summary Adopt amendment L.001 as amended by L.002. The motion passed on a vote of 7-4. Vote summary Adopt amendment L.003 The motion passed on a vote of 7-5. Vote summary Adopt amendment L.004 The motion passed on a vote of 9-3. Vote summary Refer House Bill 22-1355, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-5. Vote summary Hearing Summary | Committee Report: PDF 04/07/2022 | House Energy & Environment Activity Vote Documents Hearing Summary Senate Votes (2) Date Calendar Motion Vote Vote Document 05/11/2022 Third Reading BILL 21 AYE 14 NO 0 OTHER Vote record 05/11/2022 Third Reading AMEND (L.134) 35 AYE 0 NO 0 OTHER Vote record House Votes (3) Date Calendar Motion Vote Vote Document 05/11/2022 Senate Amendments REPASS 40 AYE 25 NO 0 OTHER Vote record 05/11/2022 Senate Amendments CONCUR 43 AYE 22 NO 0 OTHER Vote record 05/02/2022 Third Reading BILL 38 AYE 27 NO 0 OTHER Vote record Amendments (25) Date Amendment Number Committee/ Floor Hearing Status Documents 05/11/2022 L.134 Third Reading Passed PDF 05/10/2022 L.062 Second Reading Lost [**] PDF 05/10/2022 L.113 Second Reading Passed [**] PDF 05/06/2022 J.002 SEN Appropriations Passed [*] PDF 05/04/2022 L.032 SEN Finance Lost PDF 05/04/2022 L.033 SEN Finance Passed [*] PDF 04/29/2022 L.031 Second Reading Passed [**] PDF 04/29/2022 L.027 Second Reading Lost [**] PDF 04/29/2022 L.009 Second Reading Passed [**] PDF 04/29/2022 L.006 Second Reading Passed [**] PDF 04/29/2022 L.029 Second Reading Lost [**] PDF 04/29/2022 L.026 Second Reading Lost [**] PDF 04/29/2022 L.024 Second Reading Lost [**] PDF 04/29/2022 L.010 Second Reading Passed [**] PDF 04/29/2022 L.013 Second Reading Lost [**] PDF 04/29/2022 L.017 Second Reading Lost [**] PDF 04/29/2022 L.011 Second Reading Lost [**] PDF 04/29/2022 L.007 Second Reading Passed [**] PDF 04/26/2022 J.001 HOU Appropriations Passed [*] PDF 04/26/2022 L.008 HOU Appropriations Passed [*] PDF 04/26/2022 L.005 Second Reading Passed [**] PDF 04/13/2022 L.004 HOU Energy & Environment Passed [*] PDF 04/13/2022 L.003 HOU Energy & Environment Passed [*] PDF 04/13/2022 L.001 HOU Energy & Environment Passed [*] PDF 04/13/2022 L.002 HOU Energy & Environment Passed [*] PDF * Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate. ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information. Bill history (18) Date Location Action 06/03/2022 Governor Governor Signed 05/31/2022 Governor Sent to the Governor 05/31/2022 Senate Signed by the President of the Senate 05/27/2022 House Signed by the Speaker of the House 05/11/2022 House House Considered Senate Amendments - Result was to Concur - Repass 05/11/2022 Senate Senate Third Reading Passed with Amendments - Floor 05/10/2022 Senate Senate Second Reading Passed with Amendments - Committee, Floor 05/09/2022 Senate Senate Second Reading Laid Over Daily - No Amendments 05/06/2022 Senate Senate Second Reading Special Order - Laid Over Daily - No Amendments 05/06/2022 Senate Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole 05/04/2022 Senate Senate Committee on Finance Refer Amended to Appropriations 05/02/2022 Senate Introduced In Senate - Assigned to Finance 05/02/2022 House House Third Reading Passed - No Amendments 04/29/2022 House House Second Reading Special Order - Passed with Amendments - Committee, Floor 04/28/2022 House House Second Reading Laid Over Daily - No Amendments 04/26/2022 House House Committee on Appropriations Refer Amended to House Committee of the Whole 04/13/2022 House House Committee on Energy & Environment Refer Amended to Appropriations 03/31/2022 House Introduced In House - Assigned to Energy & Environment Sponsors Prime Sponsor Rep. L. Cutter Sen. J. Gonzales | Sen. K. Priola Sponsor Rep. T. Bernett | Rep. M. Duran | Rep. M. Froelich | Rep. E. Hooton | Rep. C. Kipp | Rep. K. McCormick | Rep. E. Sirota | Rep. B. Titone | Rep. S. Woodrow Co-Sponsor Rep. J. Amabile | Rep. J. Bacon | Rep. A. Benavidez | Rep. A. Boesenecker | Rep. Y. Caraveo | Rep. C. deGruy Kennedy | Rep. I. Jodeh | Rep. M. Lindsay | Rep. S. Lontine | Rep. D. Michaelson Jenet | Rep. A. Valdez Sen. J. Buckner | Sen. J. Danielson | Sen. S. Fenberg | Sen. C. Hansen | Sen. S. Jaquez Lewis | Sen. P. Lee | Sen. B. Pettersen | Sen. T. Story | Sen. F. Winter Session laws (1) Effective Date Chapter # Title Documents 08/10/2022 337 Producer Responsibility Program For Recycling PDF Quick Links Find My Legislator Find a Bill How a Bill Becomes a Law Back to top Resources & Information Resources & Information Accessibility Capitol Security Protocol Colorado Open Records Act Maximum Hourly Research and Retrieval Fee Legislative Resources and Requirements Salaries for Legislators, Statewide Elected Officials, and County Officers State Home Transparency Online Project Policies Policies Language Interpretation Services Policy Remote Testimony and Remote Participation Policies Open Records Requests & Policy Privacy Policy Public Wifi Workplace Expectations Workplace Harassment Policy For Legislators & Staff For Legislators & Staff Ethics Tutorial Social Calendar House and Senate Rules Policy on Member Requests for CSP Protection IT Login Colorado General Assembly 200 E Colfax Avenue Denver, CO 80203 Contact Us Privacy Policy

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