Colorado HB22-1355 Producer Responsibility Program for Statewide Recycling: Requires packaging and paper producers to fund a statewide recycling system

What’s Required

1. Determine producer responsibility

Businesses must identify which entity qualifies as the producer for covered material.

Depending on the situation, this may be:

1. Brand owner.

2. Manufacturer.

3. Importer.

4. First distributor.

5. Publisher for specified paper products.

2. Identify covered materials

The law covers:

1. Packaging materials.

2. Paper products.

Covered packaging can include materials used to contain, protect, deliver, present or distribute goods.

Paper products include specified printed paper and similar consumer-facing materials.

3. Participate in the statewide program

Covered producers generally must participate through the designated PRO.

CAA was designated by CDPHE in May 2023 and now administers the principal statewide program.

Individual producer plans are possible where statutory conditions and approval requirements are satisfied.

4. Report supply data

Producers must report the quantities and types of covered materials they supply into Colorado.

Data can include:

1. Packaging material.

2. Paper type.

3. Weight.

4. Product category.

5. Quantity supplied.

6. Exempt material.

7. Relevant recyclability characteristics.

5. Pay producer responsibility dues

Annual producer dues finance the statewide system.

Producer payments support:

1. Collection.

2. Processing.

3. Recycling.

4. Composting where applicable.

5. Transportation.

6. Education.

7. Outreach.

8. Program administration.

9. Recycling infrastructure.

Annual producer dues began in 2026.

6. Finance recycling service costs

The program is intended to reimburse qualifying recycling service providers for eligible net recycling costs.

The statewide plan establishes mechanisms for producer funding to support recycling services rather than relying primarily on households and local governments.

7. Support statewide recycling access

The program is designed to improve access for covered entities including:

1. Residences.

2. Public places.

3. Small businesses.

4. Schools.

5. Hospitality locations.

6. State and local government buildings.

8. Minimum recyclable list

The statewide program establishes a consistent list of materials that participating recycling providers collect.

This is intended to reduce geographic variation in what Coloradans can place in recycling systems.

9. Eco-modulated producer fees

Producer fee structures can differentiate between materials according to environmental characteristics.

This can create incentives to:

1. Improve recyclability.

2. Reduce problematic materials.

3. Use recycled content.

4. Reduce packaging.

5. Design for circularity.

Important Deadlines

1. June 3, 2022: HB22-1355 signed.

2. August 10, 2022: Statutory effective date.

3. May 1, 2023: CAA selected as the Colorado PRO.

4. October 1, 2024: Initial producer registration deadline under implementing requirements.

5. July 1, 2025: Producers could no longer sell or distribute covered products unless participating in the program or otherwise compliant.

6. July 31, 2025: Initial producer supply reporting deadline used during program development.

7. December 9, 2025: CDPHE approved CAA’s final statewide program plan.

8. January 2026: Producer responsibility dues began.

9. June 2026: Implementation of the approved statewide plan began within the statutory six-month period following approval.

10. 2028 onward: Program is expected to expand toward additional non-residential covered entities.

11. 2030 and 2035: Statewide recycling, collection, and post-consumer recycled-content performance targets guide long-term implementation.

Current Status

Active and legally binding.

Colorado’s producer responsibility requirements are operational.

CAA’s final program plan was approved in December 2025, and implementation expanded during 2026. By September 2026, CAA reported agreements providing producer-funded recycling services to additional Colorado communities, with further communities preparing to participate.

Penalties for Non-Compliance

Colorado can impose administrative penalties for violations of the Producer Responsibility Program.

Most importantly, from July 1, 2025, a producer may not sell or distribute products using covered materials in Colorado unless it participates in the program or otherwise meets the applicable statutory route.

Potential consequences include:

1. Administrative penalties.

2. Daily penalties for continuing violations.

3. Sale and distribution restrictions.

4. Corrective reporting.

5. Payment of outstanding dues.

6. Regulatory enforcement.

Examples of Known Violations / Failure Modes

1. Failing to participate in the approved program.

2. Selling covered products after July 1, 2025 without compliant participation.

3. Failing to report covered materials.

4. Underreporting packaging weight.

5. Incorrectly identifying producer responsibility.

6. Missing annual dues.

7. Incorrectly applying a small-producer exemption.

8. Omitting imported packaging.

9. Misclassifying paper products.

10. Providing inaccurate recyclability information.

11. Failing to comply with an approved individual plan.

12. Treating voluntary recycling activity as a substitute for EPR participation.

Resources

• https://www.leg.colorado.gov/bills/HB22-1355

• https://cdphe.colorado.gov/

• https://circularactionalliance.org/colorado

• https://circularactionalliance.org/registration