Groundbreaking: Colorado’s EPR law
by Dylan Kingsbury at 02:34 in Circular Economy, Packaging
This year has been groundbreaking for extended producer responsibility (EPR) legislation in the United States. On June 3rd this year, Colorado Governor Jared Polis signed House Bill 22-1355 into law, joining California, Oregon and Maine as the first four US states to pass this form of legislation.
Colorado's EPR law affects producers of packaging and certain types of printed paper, named collectively as 'covered materials' in this law. They are required to be responsible for the recovery or recycling of the materials that they place on the market in Colorado. This legislation is in keeping with the state's wider circular economy agenda.
PRO coming in Colorado
Businesses that place obligated packaging onto the market in Colorado must either join a producer responsibility organization (PRO) or comply with the regulations individually. The PRO will be a nonprofit organization that collects fees from its members in order to finance the collection and processing of waste packaging. The money will also go towards managing the revamped statewide recycling program, including associated educational and promotional costs. Unlike in several European countries, the Colorado legislation requires only 1 PRO to be in operation in the state. This will be chosen by the Colorado Department of Public Health by June 1st, 2023.
EPR by 2025
The law comes into force completely for most producers by July 1st, 2025. By this date, producers may no longer sell or distribute covered materials unless they have accounted for their disposal via the selected PRO. Exceptions to this rule exist both for individually complying producers and small producers whose gross annual revenue does not exceed $5 million. Further details about both exemptions will be released by the Colorado Department of Public Health and Environment in the coming years.
If you have any questions about Colorado's EPR law and how it might impact your business, please contact us at Lorax EPI to speak to one of our consultants.
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