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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-1024.01 Jennifer Berman x3286 SENATE BILL 26-192
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING AN APPEALS PROCESS FOR PRODUCERS TO CONTEST THE101
ECO-MODULATED DUES ASSESSED AGAINST PRODUCERS TO102
FINANCE THE PRODUCER RESPONSIBILITY PROGRAM FOR103
STATEWIDE RECYCLING.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill w ill be av ailable at
http://leg.colorado.gov.)
The producer responsibility program for statewide recycling
(program) provides recycling services to covered entities in the state and
is financed through annual dues assessed against producers of products
SENATE
3rd Reading Unamended
May 12, 2026
SENATE
2nd Reading Unamended
May 11, 2026
SENATE SPONSORSHIP
Cutter, Coleman
HOUSE SPONSORSHIP
Soper and Joseph,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
that use packaging materials and paper products (producers).
The bill reaffirms the authority of the solid and hazardous waste
commission in the department of public health and environment
(department) to direct an appeals process whereby producers may contest
the program dues assessed against them by requesting a hearing before
the producer responsibility program for statewide recycling advisory
board (advisory board). If a producer requests a hearing before the
advisory board, the advisory board is required to hold the hearing and
issue written recommendations to the department as to whether the dues
assessed against the producer should be adjusted. The department is
required to make a determination whether to approve or reject the
advisory board's recommendations regarding the assessed dues within 45
days after receiving the advisory board's recommendations on the matter.
The department's determination is a final agency action subject to judicial
review.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Producers that finance the producer responsibility program for4
statewide recycling by paying dues into the program have the opportunity5
to be heard through an administrative appeals process regarding the6
eco-modulation factors and benchmarks applied to producer responsibility7
dues;8
(b) The legislative committee on legal services considered9
ambiguity surrounding the scope of authority of the solid and hazardous10
waste commission and the producer responsibility program for statewide11
recycling advisory board related to appeals of the eco-modulation factors12
and benchmarks applied to producer responsibility dues and affirmed the13
commission's authority to direct the appeals process; and14
(c) The act clarifies existing law, and, therefore, reaffirms the15
actions of the solid and hazardous waste commission and the producer16
responsibility program for statewide recycling advisory board related to17
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appeals of the assessed producer responsibility dues based on the1
eco-modulation factors and benchmarks.2
SECTION 2. In Colorado Revised Statutes, 25-17-704, amend3
(7)(f) and (7)(g); and add (7)(h) as follows:4
25-17-704. Producer responsibility program for statewide5
recycling advisory board - creation - membership.6
(7) The advisory board shall:7
(f) Review the annual report submitted by the organization under8
section 25-17-709 (2)(a); and9
(g) Consult with the organization on the development and10
updating of the minimum recyclable list; AND11
(h) I F REQUESTED BY A PRODUCER PURSUANT TO SECTION12
25-17-709 (1)(a)(II), HOLD AN ADMINISTRATIVE HEARING IN ACCORDANCE13
WITH SECTION 24-4-105 ON THE DUES BASED ON THE ECO -MODULATION14
FACTORS AND BENCHMARKS ASSESSED BY THE PRODUCER RESPONSIBILITY15
ORGANIZATION , ANY ADDITIONAL PRODUCER RESPONSIBILITY16
ORGANIZATION, OR AN INDIVIDUAL PRODUCER OF AN ALTERNATIVE17
COLLECTION PROGRAM.18
SECTION 3. In Colorado Revised Statutes, 25-17-709, amend19
(1)(a) as follows:20
25-17-709. Producer responsibility dues - inspection of records21
- annual reporting.22
(1) (a) (I) Except as set forth in a plan approved by the executive23
director pursuant to this part 7 on or after January 1, 2029, by a date24
determined by the organization that is no later than January 1, 2026, and25
annually thereafter by a date determined by the organization, a producer26
shall pay producer responsibility dues to the organization based on the27
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funding mechanism described in the plan proposal pursuant to section1
25-17-705 (4)(i).2
(II) A PRODUCER THAT RECEIVES A FINAL INVOICE FROM, AND HAS3
PROCEEDED THROUGH ANY REQUIRED MEDIATION WITH , THE PRODUCER4
RESPONSIBILITY ORGANIZATION , ANY ADDITIONAL PRODUCER5
RESPONSIBILITY ORGANIZATION , OR AN INDIVIDUAL PRODUCER OF AN6
ALTERNATIVE COLLECTION PROGRAM ASSESSING DUES FOR THE PROGRAM7
MAY SUBMIT A WRITTEN REQUEST TO THE ADVISORY BOARD FOR A8
HEARING TO CONTEST WHETHER THE ASSESSED DUES BASED ON THE9
ECO-MODULATION FACTORS AND BENCHMARKS COMPLY WITH THE FINAL10
PLAN, APPLICABLE COMMISSION RULES, AND THIS PART 7. AFTER HOLDING11
THE REQUESTED HEARING, THE ADVISORY BOARD SHALL ISSUE WRITTEN12
RECOMMENDATIONS TO THE DEPARTMENT CONCERNING WHETHER THE13
ASSESSED DUES BASED ON THE ECO -MODULATION FACTORS AND14
BENCHMARKS COMPLY WITH THE FINAL PLAN , APPLICABLE COMMISSION15
RULES, AND THIS PART 7.16
(III) W ITHIN FORTY -FIVE DAYS AFTER RECEIVING17
RECOMMENDATIONS THAT THE ADVISORY BOARD ISSUES PURSUANT TO18
SUBSECTION (1)(a)(II) OF THIS SECTION, THE DEPARTMENT SHALL REVIEW19
THE RECOMMENDATIONS AND D ETERMINE WHETHER TO APPROVE OR20
REJECT THE RECOMMENDATIONS. THE DEPARTMENT'S DETERMINATION ON21
THE MATTER IS A FINAL AGENCY ACTION SUBJECT TO JUDICIAL REVIEW22
PURSUANT TO SECTION 24-4-106.23
SECTION 4. Act subject to petition - effective date. This act24
takes effect at 12:01 a.m. on the day following the expiration of the25
ninety-day period after final adjournment of the general assembly (August26
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a27
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referendum petition is filed pursuant to section 1 (3) of article V of the1
state constitution against this act or an item, section, or part of this act2
within such period, then the act, item, section, or part will not take effect3
unless approved by the people at the general election to be held in4
November 2026 and, in such case, will take effect on the date of the5
official declaration of the vote thereon by the governor.6
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