On June 3rd, 2022, the Producer Responsibility Program for Statewide Recycling Act, House Bill 22-1355 was signed into law.
HB 22-1355 sets up a Producer Responsibility program that requires companies that sell products in packaging, paper products to fund a statewide recycling system to recycle those materials. These companies will form an independent non-profit organization, called a Producer Responsibility Organization, to coordinate, fund, and manage this statewide recycling system.
Producer Responsibility Organization
The State of Colorado appointed Circular Action Alliance as the designated Producer Responsibility Organization in May 2023. The department approved Circular Action Alliance's selection of HDR Engineering, Inc. to complete Colorado's Needs Assessment on July 31, 2023.
Circular Action Alliance website
Producer Responsibility Organization designation press release
RPM Eco has withdrawn their notice of intent to file an Individual Program Plan.
Needs Assessment
Based on feedback, Circular Action Alliance (CAA) revised the three proposed recycling scenarios to:
- Create a greater range of options for services offered in the scenarios.
- Provide greater performance improvements in the recycling and collection rates in the medium scenario.
- Ensure key components related to Materials Recovery Facility (MRF) improvements are included in the low scenario.
- And address areas of the needs assessment study by geographic region.
We also received public comments requesting updates to the proposed scenarios to support expanded drop-off services, particularly for glass and other hard to recycle materials, and multiple requests to remove flexible film packaging.
Circular Action Alliance was responsible for the needs assessment study to evaluate the recycling infrastructure, services, and costs throughout all geographic areas of the state. The report also proposes a standardized list of materials to be accepted at all recycling facilities throughout the state. It also proposes three scenarios for increasing the collection and recycling rates in Colorado by 2030 and 2035.
This needs assessment is part of the program’s goal to develop a convenient, cost-effective program that provides free and equitable recycling of packaging and paper products for all Coloradans.
Joint Budget Committee Decision
Presentation to Joint Budget Committee
Updated draft needs assessment report
Request for Proposals for Colorado Needs Assessment
CDPHE Approval of HDR Engineering
Extended Producer Responsibility rulemaking
Proposed producer responsibility primary regulations
The Solid Waste and Materials Management Program is proposing changes to Sections 1 and 18 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2 Part 1. Please visit the rulemaking page to view the draft proposed rules.
Stakeholders may submit comments through April 8th on the proposed changes to eprcomments@state.co.us (opens in new window) with the subject line EPR Rulemaking Third Draft Feedback.
A formal rulemaking hearing will take place on May 21, 2024. Please visit the Solid and Hazardous Waste Commission webpage for additional information.
For questions about the proposed changes, please contact Darla Arians at darla.arians@state.co.us (opens in new window) or 720.693.3542.
Adopted rulemakings
Rule Amendment Producer Responsibility Exemption: Dollar Limitation
Rulemaking web page
Advisory Board
Producer Responsibility Advisory Board
Resources
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- Producer Determination Flow Chart
- Frequently asked questions and answers- Producer Responsibility Program
- Implementation Timeline (subject to change).
- House Bill 22-1355
- State legislation that authorizes the EPR program.
- Summary of the act by topic.
Contact
Please send your questions or comments to eprcomments@state.co.us.