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Colorado EPR Guide

Producer Responsibility Program for Statewide Recycling Act (HB 22-1355, 2022)

Active — Fees Due
PRO
Circular Action Alliance
Agency
CDPHE
Exemption
Under ~$5.5M global gross revenue OR less than 1 ton of covered materials (CPI-adjusted annually)
Fees
Published rates — ¢/lb varies by material category (see CAA 2026 Dues Schedule). Passive eco-modulation: Detriments +5%, Not-on-MRL pricing tiers, High Recycling Rate Bonus -5%.
Material Categories
61
Penalties
$5,000 + $1,500/day (1st offense); $10,000 + $3,000/day (2nd); $20,000 + $6,000/day (3rd+). Non-compliance can restrict selling in CO.

Who is a “producer”?

Under HB 22-1355, a “producer” is determined in the following order of responsibility:

  1. 1Brand owner of the product sold in packaging in CO
  2. 2Licensee who sells under another's brand
  3. 3Importer of record for sale in CO
  4. 4Person who first distributes the item in or into CO

B2B packaging is explicitly exempt in Colorado.

What's covered

Covered

  • Consumer-facing packaging
  • Printed paper / writing paper
  • Food service ware
  • Consumer-facing shipping packaging (B2C)

Not Covered / Exempt

  • Small producers (<$5.5M global revenue OR <1 ton of covered materials)
  • Commercial transport packaging (B2B)
  • Beverage containers under CO bottle bill

Key Deadlines

DateWhat's DueStatus
Oct 1, 2024Producer registration deadlinePASSED
Jul 31, 2025Annual Supply Report (CY 2024 data)PASSED
Jan 1, 2026First fees duePASSED
May 31, 2026Annual Supply Report (CY 2025 data) + Mandatory PCR reportingPASSED
Jan 1, 2027Ongoing fee invoicesFUTURE
May 31, 2027Annual Supply Report (CY 2026 data)FUTURE
Jul 1, 2027Ongoing fee invoicesFUTURE

Fee Rates (Colorado)

Published fee rates per pound of packaging material. Ranges reflect the spread across CAA material categories within each group.

Simplified groupings for estimation. Official CAA schedules have 60–95 material categories — see the downloadable rate schedule PDF below for exact rates by material type.

MaterialRate ($/lb)
Recyclable rigid plastic (PET, HDPE, PP)$0.14 – $0.32
Non-recyclable rigid plastic (PS, PVC, mixed)$0.43 – $1.72
Recyclable flexible plastic (HDPE/LDPE film)$0.48
Non-recyclable flexible plastic (PP film, laminates, mixed film)$0.64 – $0.74
Paper/Fiber (printed)$0.06
Paper/Fiber (packaging)$0.08 – $0.30
Glass bottles and jars$0.04
Aluminum (containers, foil, other)$0.02 – $0.34
Steel/tin (containers, other)$0.07 – $0.34

✓ Published rates. Download official rate schedule (PDF) →

Calculate Your Colorado Fees →

Flat Fee Option

Optional flat rate for low-volume producers (≤10 short tons/year). Does not vary by material category — pays one annual fee regardless of material mix.

Annual Supply (short tons)Flat Fee
12.5 short tons$800
2.55 short tons$1,600
57.5 short tons$2,600
7.510 short tons$3,600

When does the flat fee save money? At 2.5 short tons (5,000 lbs) with an average rate of $0.20/lb, per-pound dues would be $1,000 — but the flat fee is only $800, saving $200. Producers with predominantly paper/fiber packaging (low per-lb rates) may pay less per-pound than the flat fee.

Eco-Modulation Factors

Credits (reduce fees)

High recycling rate bonus-5%

Applied to materials with high recycling rates (shown as Recycling Bonus in fee schedule)

Active incentives (4 factors)TBD

Four active eco-modulation incentives to be published by CAA; may include PCR, standardized packaging, and label credits

Maluses (increase fees)

Detriments malus+5%

Automatically applied to materials that disrupt recycling processes

Not on MRL malus≥20% above MRL

AML materials priced at least 20% higher than similar MRL materials; N/C materials at least 10% higher than similar AML

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