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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
-192-2-
-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
-192-3-
-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
-192-4-
-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
-192-5-
+Senate Committee of Reference Report: Not Amended
+
+Committee on Transportation & Energy
+
+May 6, 2026
+
+After consideration on the merits, the Committee recommends the following:
+
+SB26-192     be referred to the Committee of the Whole with favorable recommendation.