Prohibit Discharge Preproduction Plastic Materials

SENATE BILL 26-016

BY SENATOR(S) Cutter and Wallace, Amabile, Jodeh, Kipp, Marchman, Roberts, Sullivan, Weissman, Coleman; also REPRESENTATIVE(S) Smith and Lukens, Bacon, Boesenecker, Brown, Duran, Espenoza, Froelich, Garcia, Goldstein, Jackson, Lindsay, Mabrey, McCormick, Nguyen, Phillips, Rutinel, Sirota, Stewart K., Titone, McCluskie.

CONCERNING PROHIBITING THE DISCHARGE OF PREPRODUCTION PLASTIC MATERIALS.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. (1) The general assembly finds and declares that plastic feedstock materials, including both virgin and recycled plastic pellets, when released into the environment, contribute to plastic pollution, harm aquatic life, and disproportionately impact communities located near industrial and transportation corridors. (2) Therefore, it is the intent of the general assembly to prevent these releases.

SECTION 2. In Colorado Revised Statutes, add part 11 to article

Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act.

8 of title 25 as follows: PART 11 PLASTIC PELLET-FREE WATERS ACT

25-8-1101. Short title. THE SHORT TITLE OF THIS PART 11 IS THE "PLASTIC PELLET-FREE WATERS ACT".

25-8-1102. Definitions. As USED IN THIS PART 11, UNLESS THE CONTEXT OTHERWISE REQUIRES: (1)

"DISCHARGE" MEANS THE INTRODUCTION OR ADDITION OF

PREPRODUCTION PLASTIC MATERIALS INTO STATE WATERS, WASTEWATER, STORM WATER RUNOFF, OR OTHER RUNOFF. (2) (a) "FACILITY" MEANS AFACILITY THAT MAKES, USES, PACKAGES, OR TRANSPORTS PLASTIC PELLETS OR OTHER PREPRODUCTION PLASTIC MA TE RIALS IN THE STATE.

(b)

"FACILITY" DOES NOT INCLUDE A DOMESTIC WASTEWATER

TREATMENT WORKS, AS DEFINED IN SECTION 25-8-103 (5). (3)

(a)

"PREPRODUCTION

PLASTIC

MATERIALS"

MEANS

PREPRODUCTION PLASTIC PELLETS, FLAKES, FIBERS, POWDERS, OR POWDERED COLORING FOR PLASTICS, IN THEIR RAW OR PRIMARY STATE.

(b)

"PREPRODUCTION

PLASTIC

MATERIALS"

INCLUDES

PREPRODUCTION PLASTIC MATERIALS PRODUCED FROM VIRGIN RESIN OR FROM RECYCLED OR POST-CONSUMER PLASTIC SOURCES, PRIOR TO INCORPORATION OR REINCORPORATION INTO A FINISHED PLASTIC PRODUCT.

( C)

"PREPRODUCTION PLASTIC MATERIALS" DOES NOT INCLUDE

MATERIALS RESULTING FROM THE BREAKDOWN OF MANUFACTURED OR OTHERWISE USEFUL PLASTIC PRODUCTS.

Discharge of preproduction plastic materials

prohibited. A PERSON SHALL NOT DISCHARGE PLASTIC PELLETS OR OTHER PREPRODUCTION PLASTIC MATERIALS FROM A FACILITY IN THE STATE.

SECTION 3. In Colorado Revised Statutes, 25-8-501, add (7) as follows: 25-8-501. administration. (7)

Permits required for discharge of pollutants -

NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE

DIVISION SHALL NOT ISSUE A PERMIT FOR THE DISCHARGE OF PLASTIC PELLETS OR OTHER PREPRODUCTION PLASTIC MATERIALS INTO STATE WATERS.

SECTION 4. In Colorado Revised Statutes, add 25-15-329 as follows: 25-15-329. Discharge of preproduction plastic materials prohibited - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a)

"DISCHARGE" MEANS THE INTRODUCTION OR ADDITION OF

PREPRODUCTION PLASTIC MATERIALS THROUGH LAND APPLICATION AT A LOCATION THAT DOES NOT HAVE FEDERAL INTERIM STATUS, A FEDERAL PERMIT GRANTED PURSUANT TO THE FEDERAL ACT, OR A STATE PERMIT GRANTED BY THE DEPARTMENT PURSUANT TO SECTION 25-15-303.

(b) (I) "FACILITY" MEANS AFACILITY THAT MAKES, USES, PACKAGES, OR TRANSPORTS PLASTIC PELLETS OR OTHER PREPRODUCTION PLASTIC MATERIALS IN THE STATE.

"FACILITY" DOES NOT INCLUDE A DOMESTIC WASTEWATER

TREATMENT WORKS, AS DEFINED IN SECTION 25-8-103 (5). ( c) "LAND APPLICATION" MEANS A DISCHARGE BEING APPLIED TO THE LAND.

(d) "PREPRODUCTION PLASTIC MATERIALS" HAS THE MEANING SET FORTH IN SECTION 25-8-1102.

(2) A PERSON SHALL NOT DISCHARGE PLASTIC PELLETS OR OTHER PREPRODUCTION PLASTIC MATERIALS FROM A FACILITY IN THE STATE.

SECTION 5. Act subject to petition - effective date applicability. (1) This act takes effect August 12, 2027; except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within the ninety-day period after final adjournment of the general assembly, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect August 12, 2027.

(2) This act applies to conduct occurring on or after the applicable effective date of this act.

Julie McCluskie SPEAKER OF THE HOUSE OF REPRESENTATIVES

James Rashad Coleman, Sr. PRESIDENT OF THE SENATE

Vanessa Reilly CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES

Esther van Mourik SECRETARY OF THE SENATE

APPROVED on Monday March 30th 2026 at 1:30pm (Date and Time)

Jared S. Polis GOVERNOR OF THE STATE OF COLORADO