FAQ

Frequently Asked Questions and Answers About a Colorado Producer Responsibility Policy

How will Producer Responsibility for containers, packaging, and printed paper benefit Colorado?

A Producer Responsibility bill will:

• Provide convenient recycling for all Coloradans. This policy will provide free, convenient recycling to all Coloradans, and develop a consistent statewide list of what can be recycled. 

• Support Colorado businesses by creating a more resilient domestic supply of raw materials. Businesses are struggling to source the metal, paper, plastic, and glass needed to make new packaging and products. Meanwhile Colorado buries over 5.9 million tons of waste in our landfills every year. By recycling more, we can create a reliable domestic supply of recycled metal, paper, plastic, and glass to make new products.  

• Reduce climate pollution. Every one ton of materials recycled saves nearly three tons of carbon emissions. Even at a 15% recycling rate, less than half the national average, recycling in Colorado saves the equivalent greenhouse gas emissions of removing 400,000 cars from the road annually. 

• Save money for local governments. Producer Responsibility for containers and packaging can reduce or eliminate the money local governments currently spend to operate curbside recycling programs or recycling drop-off centers, potentially saving tens to hundreds of thousands of taxpayer dollars per year. Read our fact sheet about how this policy would benefit local governments.

• Reduce unnecessary packaging and reduce plastic pollution. Companies will be charged based on the amount and type of packaging used. The less packaging a company uses, the less they will pay. There are also incentives to move companies toward using more reusable and recyclable packaging. 

• Improve equity in recycling statewide. Recycling across the state is generally more convenient in more affluent communities and among single-family homes. Most apartment residents lack onsite recycling services, creating a service inequity between single-family homes and multifamily residences. Many communities cannot afford to provide recycling drop-off centers and rural areas face significantly higher costs. This policy will create a sustainable funding system to support convenient, equitable recycling for all residents regardless of income, housing type, or demographics.

What materials are covered and what defines a producer?

Information has been provided by Colorado’s Producer Responsibility Organization, CAA, designed to help businesses identify the materials that are captured in Extended Producer Responsibility (EPR) laws and the responsible producer for those materials.

The Solid & Hazardous Waste Commission promulgated the primary rules for producers on June 14th, which includes an October 1, 2024 producer registration deadline for producers that expect to be obligated under Colorado’s Producer Responsibility Program for Statewide Recycling Act. Producers who have not yet registered should reach out to CAA as soon as possible. For more information on the rules and regulations pertaining to producers, please visit the rulemaking webpage. 

Will this raise prices for consumers?

Producer Responsibility programs are in place in over 40 countries and provinces, and some have been around for nearly three decades. All of the available evidence shows that Producer Responsibility programs do not lead to a noticeable increase in consumer prices based on research on similar programs throughout Canada and Europe. Since the cost to companies required to participate typically works out to be fractions of a penny per container, Producer Responsibility programs do not directly cause increased prices for consumers. According to Forbes, there are many factors currently contributing to inflation and rising prices for consumers. This includes shortages in the supply chains due to the pandemic and the increased costs of labor. These factors have a far greater impact on the price of goods than the funding used to support recycling, and increasing a reliable supply of recycled material may even help reduce future costs to producers.

Who supports Producer Responsibility policies?

This policy is supported by a broad, bipartisan coalition including: 

• Local governments from around the state that want to provide better recycling services and reduce costs.

• Recycling industry members that want to make recycling more consistent, cost-effective, and financially sustainable for all Colorado residents and businesses. 

• Consumer goods companies that want to improve the sustainability of their packaging and secure more recycled materials to use to make their products. 

• Environmental organizations and other nonprofits that want to reduce climate pollution, unnecessary plastics, and overall waste. 

In addition, over 100 global companies have publicly stated that Producer Responsibility policies are a necessary part of the solution to increase recycling, reduce plastic pollution, and help strengthen local economies.

Where is this type of policy in place and how is it working?

• Over 40 countries and provinces have Producer Responsibility policies for containers and packaging materials. Leading Canadian and European programs have recycling rates up to 85%, compared to Colorado’s current rate of 15%.

• Maine and Oregon adopted the first US policies for Producer Responsibility for packaging in 2021. At least seven states are working on similar policies in 2022, including Washington, Maryland, Vermont, New York, and Connecticut. 

What is the timeline for implementing Producer Responsibility for packaging, containers and paper products in Colorado?

The Producer Responsibility program will take several years to scale up and is projected to be launched in late 2025 to early 2026. The law establishes the following major milestones (see full timeline here):

2022

• Legislature passes bill and Governor Polis signs HB22-1355 into law

• CDPHE hires staff person to oversee program, seeks applications for Advisory Board

• Recycle CO leads further stakeholder engagement

• Rep. Cutter & Sen. Priola introduce bipartisan bill

• Legislature holds public hearings, finalizes bill

2023

• PRO contracts a statewide needs assessment to determine existing programs and needed investments to ensure recycling to all Coloradans

• CDPHE convenes Advisory Board  

• CDPHE recognizes Producer Responsibility Organization (PRO)

2024 

• PRO submits findings of Needs assessment to Advisory Board and CDPHE for review.

• Legislature Joint Budget Committee (JBC) votes on target recycling rate based on findings of Needs assessment and CDPHE recommendation

• PRO drafts plan based on target rate approved by JBC

2025

• Advisory Board reviews plan, gives recommendations to CDPHE

• CDPHE approves plan to meet goals

• All producers selling covered materials into CO must join PRO

2026

• PRO implements its Producer Responsibility Plan to provide more equitable, convenient recycling access to Coloradans statewide

How was this policy developed?

• In 2018, the Colorado legislature convened an interim committee focused on advancing recycling and Zero Waste solutions. As a result of this work, in 2019 the legislature adopted SB20-055, which required CDPHE to conduct a literature review of Producer Responsibility programs and make recommendations on policies for Colorado. 

• In 2021, CDPHE conducted a study and stakeholder process on Producer Responsibility and then released policy recommendations.

• Recycle Colorado held a series of stakeholder meetings to develop Producer Responsibility principles and released these principles in October 2021.

• Since October, the bill sponsors held extensive 1:1 and broad stakeholder meetings with a diversity of stakeholders to solicit input and feedback on the policy. 

View HB22-1355: Producer Responsibility Program For Recycling here.

What accountability measures are in place for the program?

• The PRO must meet state mandated recycling goals and ensure materials go to responsible end markets to be recycled.

• The PRO must provide annual reports and third-party audits to the Advisory Board and CDPHE. Plan changes needed in order to better meet required goals may be submitted during the annual reporting period. The PRO will conduct a needs assessment every five years to ensure needs are being met and to update goals.

• Every three years, starting in 2028, CDPHE will conduct a consumer price impact study to determine price impacts, if any, of the program compared to other states without such a program.

What does this mean for local governments and what are the next steps cities and towns should take?

Municipalities will continue to be able to choose their level of involvement in recycling services in their areas. Those that do provide recycling services will save tens to hundreds of thousands of dollars on services offered while all residents receive free recycling. Learn more about municipality involvement here.

How can I move forward on Producer Responsibility in my state?

Recycle Colorado and our coalition partners are committed to helping other states implement EPR for packaging and paper and sharing our resources from Colorado. All of the content on this website is available for use in other states. Whenever possible, please include a reference to Recycle Colorado as the original content creators. We suggest language on the document or website such as: “Content used (or adapted) with permission from Recycle Colorado” with reference to www.RecyclingForAllColoradans.org when possible. 

In addition, we have many more resources to share on our stakeholder work, how we built a strong coalition of partners, detailed analysis of the law, presentation slides for various audiences, and much more!