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By EPN Staff
Key Points
  • The state’s Extended Producer Responsibility (EPR) law shifts the $310 million annual cost of recycling from municipalities to packaging producers, requiring them to join a Producer Responsibility Organization (PRO), pay fees, and help fund statewide recycling infrastructure.
  • Supporters say the policy will improve recycling efficiency, reduce plastic pollution, and ease burdens on local governments, while critics argue the costs will ultimately be passed to consumers already facing inflation pressures.
  • Colorado joins California and Oregon in adopting EPR laws that push producers to cut waste and improve recyclability, with outcomes likely to shape similar efforts in other states.

Colorado is advancing a significant shift in who will pay a $310 million statewide recycling system through its Extended Producer Responsibility (EPR) law, House Bill 22-1355.

Passed in 2022 and entering key implementation stages by the middle of this year, the law requires producers of packaging materials to fund and support recycling programs across the state.

California and Oregon enacted similar policies that aim to increase recycling rates and reduce the volume of plastic waste.

Why it matters

Colorado’s EPR law transfers part of the responsibility for managing packaging waste from municipalities to the companies that produce and distribute packaging.

Under the law, producers must join a Producer Responsibility Organization (PRO), pay fees based on the types and volumes of packaging they place on the market and help fund statewide recycling infrastructure.

This approach is designed to create financial incentives for businesses to reduce waste and improve the recyclability of their packaging materials. Opponents say it will drive up costs for consumers.

“This program, as presented, will cost upwards of $310 million per year, fees that will inevitably be passed on to Colorado consumers at a time when inflation has made grocery runs a painful experience for most families,” said Colorado Consumer Coalition executive director Jaime Gardner.

Supporters argue it could lead to more standardized and efficient recycling systems, reducing the environmental burden of plastic pollution and helping municipalities manage costs associated with waste collection and processing.

The bigger picture

Colorado’s legislation aligns with similar moves in other states.

California’s Senate Bill 54, passed in 2022, mandates that all packaging in the state be recyclable or compostable by 2032 and requires a 25% reduction in single-use plastic packaging.

Producers must also fund a $5 billion plastic pollution mitigation fund over ten years.

Oregon’s Recycling Modernization Act, signed into law in 2021, requires packaging producers to register with a PRO and invest in recycling improvement beginning this year.

Additional context

EPR laws are part of a broader attempt to close the loop in the recycling system, ensuring that materials are not just collected but also successfully reused or processed into new products.

Companies affected by these rules will need to report packaging data, meet performance targets and participate in third-party audits.

As implementation proceeds, regulators and stakeholders will monitor these programs’ effectiveness in boosting recycling rates, reducing contamination and cutting overall waste.

The outcomes in early adopter states like Colorado may influence future legislation in other jurisdictions seeking to modernize their recycling systems.


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