Colorado Producer Responsibility

Producer Responsibility for Recycling Packaging and Paper (HB22-1355) passed in 2022 in Colorado. It will provide convenient recycling access to all Coloradans with no added cost to consumers or local governments.

Visit the Producer Responsibility Website for resources specifically designed to help local governments understand how the law benefits them and their residents and how to prepare for increased access to recycling. 

Producer Responsibility Website

Producer Responsibility Needs Assessment Progress

FEBRUARY 2024 
The final draft of Colorado’s Needs Assessment report for statewide recycling has been published, and the CDPHE is now accepting feedback on this report. Circular Action Alliance (CAA) initiated this study as part of Colorado’s Producer Responsibility Program for packaging and paper products. The needs assessment is an in-depth study that assessed Colorado’s existing recycling systems and identifies opportunities for improving recycling and collection rates of covered materials.

Access Needs Assessment

CAA contracted HDR Engineering, Inc. and Eunomia Research & Consulting, Inc. (HDR team) to independently collect and analyze the data required to assess the state’s recycling system and needs. To support this assessment, the HDR team gathered data from organizations involved in Colorado’s recycling ecosystem related to the following key elements: 

  • Access to services
  • Recycling services costs
  • Demographic factors & other variables
  • Contamination at MRFs & compost facilities
  • Non-residential service availability, gaps & costs
  • Processing capacity opportunities & Costs
  • Minimum recyclables list
  • Markets
  • Innovative technologies
  • Reuse & refill
  • Education
  • Potential recycling scenarios 
  • Compost facilities

The final report will form the basis for a producer responsibility recycling program plan in Colorado. CDPHE welcomes feedback on the draft needs assessment report through Feb. 19. Please submit your feedback by emailing [email protected] with the subject “Needs Assessment Feedback”. For more information about the program, please visit the Producer Responsibility Program webpage. 

In addition to the feedback we encourage our members to submit directly to CDPHE, Recycle Colorado will also submit a letter on behalf of the organization. If you would like to contribute to that letter or submit anonymous or less formal feedback, please use the link below (it will not go to CDPHE).  If you have any questions on the Needs Assessment you can contact Liz ([email protected]).

Provide Feedback to Recycle Colorado Only

JANUARY 2024
Needs Assessment results presented to CDPHE.

NOVEMBER & DECEMBER 2023
In partnership with CAA, HDR and Eunomia Research & Consulting are moving into the analysis, modeling and fact checking phase of the needs assessment, after conducting over 200 stakeholder interviews, completing site visits, and gathering survey responses. Read more.

OCTOBER 2023
Colorado's PRO, Circular Action Alliance, selected HDR Engineering and Eunomia last month to start work on the needs assessment for Colorado Producer Responsibility program for packaging and paper. HDR and Eunomia have been working tirelessly this last month, gathering & sharing information using surveys, webinars, interviews, & tours of recycling facilities in Colorado, to help them understand our recycling systems. With this information, they will develop three scenarios that will help to achieve the intentions of the law and improve recycling access & diversion of materials back into the supply chain.

Recycle Colorado has supported the needs assessment by helping to facilitate webinars and the gathering of information. Be sure to check out the Needs Assessment page to view webinar recordings, access the local government and hauler survey, and stay up to date on the progress. Get Needs Assessment Updates. 

Circular Action Alliance appointed as the Producer Responsibility Organization for Colorado
Read more on the appointment by CDPHE as the Colorado PRO and Meet the Circular Action Alliance Team. Introduction to Circular Action Alliance and EPR Laws Webinar - Access with passcode CAAWebinar1!

If you have any questions, reach out to [email protected].

Proposed changes to the solid waste regulations concerning the producer responsibility program

The Solid Waste and Materials Management Program of the Colorado Department of Public Health and Environment is proposing changes to Sections 1 and 18 of the Regulations Pertaining to Solid Waste Sites and Facilities, 6 CCR 1007-2 Part 1. 

The Producer Responsibility Program for Statewide Recycling Act was signed into law in June of 2022. CDPHE is required to annually adjust by rule the dollar limitation for realized gross total revenue of producers that are exempt from the requirements of the producer responsibility program under 25-17-7 C.R.S. These adjustments are based on the U.S. Bureau of Labor Statistics local consumer price index (CPI). We are also required to establish rules for the administration, operation, and enforcement of the Program.

CDPHE will host a virtual stakeholder meeting on the second draft of the proposed rules on February 13, 2024, from 10:00 a.m. to 12:00 p.m. to discuss the updated draft regulations and gather input:

Agenda:

  • Updated Concept #1: rule authorization, dollar limit exemption adjustment, general provisions, PRO reimbursement to CDPHE, inspection-enforcement-penalties
  • Updated Concept #2: producer regulations
  • Updated Concept #3 PRO regulations, individual program plans, education and outreach 
  • Updated Concept #4: covered materials, covered entities, minimum recyclable list.
Register for this meeting

The updated draft regulations are available on the solid waste proposed rulemaking and stakeholder processes webpage. In addition to providing comments at the upcoming meeting, stakeholders may submit comments on the proposed changes to [email protected] with the subject line “EPR Rulemaking #2 Second Draft Feedback”. Please also indicate which Concept you are providing feedback on.

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[email protected] or 720.693.3542. For more information about the Producer Responsibility Program, please visit our website.

Producer Responsibility Program Updates from CDPHE

The FAQ Producer Responsibility Page can be found on CDPHE's Website linked below. Scroll down to find "Frequently asked questions and answers- Producer Responsibility Program" under the documents list. You can find the initial implementation timeline and additional information on CDPHE's website.

For updates from CDPHE on the implementation phase of the producer responsibility program, please sign up by sending an email to [email protected] with the subject line "producer responsibility contact list." 

For questions about the program or advisory board, please email ([email protected]) or call (720-263-1219) Darla Arians.

Sign up to Attend Advisory Board Meetings

January 26th, 10:00am - 12:00pm
February 8th, 12:30pm - 2:30pm
March 7th, 10:30am - 12:00pm
March 8th 12:30pm - 3:00pm
April 10th 12:30pm - 2:00pm
May 10th 12:30pm - 2:00pm
June 14th 12:30pm - 2:00pm
July 12th 12:30pm - 2:30pm
August 9th 12:30pm-2:30pm
September 6th12:30pm-2:30pm
October 11th, 9:30am-4:00pm 

October 25th, 2:00pm-3:30pm
November 8th, 12:30pm-2:30pm
December 13th, 12:30pm-3:30pm
January 10th, 12:30pm-2:30pm
January 24th, 2:00pm-3:30pm
February 14th12:30pm-2:30pm

CDPHE Updates & Resources

The advisory board want your help reaching all entities that:
1) may be impacted by the Producer Responsibility Program for Statewide Recycling Act
2) may be interested in participating in formal and informal rulemaking processes. 
Please forward this message to any organizations and individuals you believe may benefit from learning about the program. Key resources to share include our Producer Responsibility Advisory Board webpage, our producer responsibility listserv signup, and the Producer Responsibility Organization’s website.

Producer Responsibility Bill Documents

Summary of Bill Revisions, 5/10/2022
Summary of Bill Revisions, 5/5/2022
Summary of Bill Revisions After Second Reading
Explanation of Added Amendments to the Producer Responsibility Bill
, 4/13/2022
Summary of Bill Revisions, 2/21/2022 to 3/28/2022

March 28th Draft of Producer Responsibility Bill
Summary of Bill Revisions, 01/13/2022 to 2/21/2022
First Draft of Producer Responsibility Bill

Preliminary Bill Language for Producer Responsibility Bill (Submitted to Legislative Service Drafters)

Recycle Colorado's Extended Producer Responsibility (EPR) Policy Recommendations

Producer Responsibility Informational Documents

Producer Responsibility Fact Sheet
How Local Governments will benefit and be impacted by Producer Responsibility
How Businesses would benefit and be impacted by Producer Responsibility
How Producer Responsibility Will Work in Colorado
Producer Responsibility Key Talking Points

Articles on Producer Responsibility

Exert in the Denver Post
Article from the Colorado Sun
Producer Responsibility Support from the City of Aspen