Producer Responsibility Dues Appeals Process

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction SENATE BILL 26-192 LLS NO. 26-1024.01 Jennifer Berman x3286 SENATE SPONSORSHIP Cutter, Coleman HOUSE SPONSORSHIP Soper and Joseph, Senate Committees House Committees Transportation & Energy A BILL FOR AN ACT CONCERNING AN APPEALS PROCESS FOR PRODUCERS TO CONTEST THE ECO-MODULATED DUES ASSESSED AGAINST PRODUCERS TO FINANCE THE PRODUCER RESPONSIBILITY PROGRAM FOR STATEWIDE RECYCLING.

SENATE 3rd Reading Unamended May 12, 2026 SENATE May 11, 2026 (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 will be available at http://leg.colorado.gov.) 2nd Reading Unamended Bill Summary 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 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:

SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:

(a) Producers that finance the producer responsibility program for statewide recycling by paying dues into the program have the opportunity to be heard through an administrative appeals process regarding the eco-modulation factors and benchmarks applied to producer responsibility dues;

(b) The legislative committee on legal services considered ambiguity surrounding the scope of authority of the solid and hazardous waste commission and the producer responsibility program for statewide recycling advisory board related to appeals of the eco-modulation factors and benchmarks applied to producer responsibility dues and affirmed the commission's authority to direct the appeals process; and

(c) The act clarifies existing law, and, therefore, reaffirms the actions of the solid and hazardous waste commission and the producer responsibility program for statewide recycling advisory board related to appeals of the assessed producer responsibility dues based on the eco-modulation factors and benchmarks.

SECTION 2. In Colorado Revised Statutes, 25-17-704, amend (7)(f) and (7)(g); and add (7)(h) as follows: 25-17-704. Producer responsibility program for statewide recycling advisory board - creation - membership.

(7) The advisory board shall:

(f) Review the annual report submitted by the organization under section 25-17-709 (2)(a); and (g) Consult with the organization on the development and updating of the minimum recyclable list; AND (h) IF REQUESTED BY A PRODUCER PURSUANT TO SECTION 25-17-709 (1)(a)(II), HOLD AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH SECTION 24-4-105 ON THE DUES BASED ON THE ECO-MODULATION FACTORS AND BENCHMARKS ASSESSED BY THE PRODUCER RESPONSIBILITY ORGANIZATION , ORGANIZATION, OR AN INDIVIDUAL PRODUCER OF AN ALTERNATIVE COLLECTION PROGRAM.

ANY ADDITIONAL PRODUCER RESPONSIBILITY

SECTION 3. In Colorado Revised Statutes, 25-17-709, amend (1)(a) as follows: 25-17-709. Producer responsibility dues - inspection of records - annual reporting.

(1) (a) (I) Except as set forth in a plan approved by the executive director pursuant to this part 7 on or after January 1, 2029, by a date determined by the organization that is no later than January 1, 2026, and annually thereafter by a date determined by the organization, a producer shall pay producer responsibility dues to the organization based on the funding mechanism described in the plan proposal pursuant to section 25-17-705 (4)(i).

(II) A PRODUCER THAT RECEIVES A FINAL INVOICE FROM, AND HAS PROCEEDED THROUGH ANY REQUIRED MEDIATION WITH, THE PRODUCER RESPONSIBILITY RESPONSIBILITY ORGANIZATION, OR AN INDIVIDUAL PRODUCER OF AN ALTERNATIVE COLLECTION PROGRAM ASSESSING DUES FOR THE PROGRAM MAY SUBMIT A WRITTEN REQUEST TO THE ADVISORY BOARD FOR A HEARING TO CONTEST WHETHER THE ASSESSED DUES BASED ON THE ECO-MODULATION FACTORS AND BENCHMARKS COMPLY WITH THE FINAL PLAN, APPLICABLE COMMISSION RULES, AND THIS PART 7. AFTER HOLDING THE REQUESTED HEARING, THE ADVISORY BOARD SHALL ISSUE WRITTEN RECOMMENDATIONS TO THE DEPARTMENT CONCERNING WHETHER THE ASSESSED DUES BASED ON THE ECO-MODULATION FACTORS AND BENCHMARKS COMPLY WITH THE FINAL PLAN, APPLICABLE COMMISSION RULES, AND THIS PART 7.

(III) ORGANIZATION , WITHIN ANY FORTY-FIVE ADDITIONAL DAYS AFTER PRODUCER RECEIVING RECOMMENDATIONS THAT THE ADVISORY BOARD ISSUES PURSUANT TO SUBSECTION (1)(a)(II) OF THIS SECTION, THE DEPARTMENT SHALL REVIEW THE RECOMMENDATIONS AND DETERMINE WHETHER TO APPROVE OR REJECT THE RECOMMENDATIONS. THE DEPARTMENT'S DETERMINATION ON THE MATTER IS A FINAL AGENCY ACTION SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106.

SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); 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 such period, 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 on the date of the official declaration of the vote thereon by the governor.