Colorado's HB 22-1355 (2022) launched active base fee obligations in January 2026, making it the second U.S. state with live EPR fee payments.
Facts on this page were last verified against primary sources on August 10, 2026. The EPR Atlas is re-checked weekly; this stamp moves only when a verification pass actually runs, not when the site rebuilds.
<1 ton OR <$5,632,843 global revenue (Jul 1 2025 figure; CPI-adjusted each Jul 1)
Bonus and malus, with no life cycle assessment
Administered by CDPHE through the Circular Action Alliance (CAA), the program uses a bonus-malus eco-modulation framework (CDPHE schedule at 6 CCR 1007-2 Part 1 Section 18.9) -- unlike Oregon, Colorado applies both credits and maluses, and uses no life cycle assessment. CAA lists four active incentives for the 2026 program year: clear on-pack recycling instructions, Colorado-origin post-consumer recycled content (at least 30% in-state PCR), certified compostability, and a recyclability or reuse case study. Their values are not published in the 2026 dues schedule, and CAA states the finalized eco-modulation ruleset is forthcoming, so treat any percentage you see quoted for them as unverified.
The passive factors are already inside the 2026 rates
The passive factors ARE published and are already built into the 2026 dues rates, applied automatically from supply data: +5% for materials that disrupt recycling, -5% for materials with high recycling rates, AML materials at least 20% above comparable MRL materials, and Not Collected materials at least 10% above comparable AML materials. Those passive maluses are material-based rather than design-based: practices that disrupt the recycling of other materials; or use of materials not on the Minimum Recyclable List.
Either test alone grants the exemption
Colorado's de minimis threshold is less than 1 metric ton OR under the Producer Exemption Dollar Limit, which was $5,632,843 in global revenue as of July 1, 2025 (the statutory $5 million base under HB 22-1355, CPI-adjusted annually by CDPHE each July 1; the July 1, 2026 adjustment has not been published) -- either condition alone grants full exemption.
Fee Schedule by Material
Base rates before eco-modulation. Final fee = Tonnage x Rate x Eco-Modulation Multiplier.
Material / Packaging Type
Rate / Metric Ton
Tier
Aluminum, cans
$129
Tier 1
Clear PET (#1)
$540
Tier 2-3
HDPE Natural (#2)
$194
Tier 1
Steel
$216
Tier 2-3
Uncoated Paper/Board
$172
Tier 1
Corrugated
$172
Tier 1
HDPE Pigmented (#2)
$691
Tier 4
PP (#5)
$821
Tier 4
Glass
$216
Tier 2-3
LDPE Film / Mono-PE
$929
Tier 4
PS Rigid (#6)
$2,095
Tier 4
Expanded Polystyrene
$2,981
Tier 4
Eco-Modulation Factors
◐ SignaledDescribed in an official source (statute, draft rule, or CAA plan) but not yet final, or specific values not yet set.
Source: CDPHE eco-modulation schedule 6 CCR 1007-2 Part 1 Sec. 18.9 (draft Aug 2025; program plan approved Dec 2025) + CAA 2026 producer dues. Reported via rule-section citations; raw rule text not yet read line-by-line. Structure firm; exact per-benchmark rates may settle as CAA finalizes its own factors.
Eco-modulation adjusts fees based on packaging design and recyclability attributes.
Fee Reductions (Bonuses)
Clear on-pack recycling instructions: −1% per Eligible MaterialColorado-origin PCR (≥30% in-state): −1%Certified compostable (CO/ASTM): −1%, plus −1% if field-tested at a CO facilityRecyclability / commodity-value or reuse case study: −1%
Fee Increases (Maluses)
Cost-raising designs: designs or practices that raise recycling, reuse, or composting costsDisrupts other materials: designs or practices that disrupt the recycling of other materialsNon-MRL materials: use of covered materials not on the Minimum Recyclable List (MRL)
Multiplier floor: 1.00× (passive factors already in the published 2026 dues rates; active incentive values not published)
ℹ️
Per CDPHE's eco-modulation bonus schedule (6 CCR 1007-2 Part 1 Section 18.9; draft released Aug 2025, program plan approved Dec 2025). Passive factors are already built into the published 2026 dues rates and are applied automatically from supply data: +5% for materials that disrupt recycling, -5% for materials with high recycling rates, Additional Material List materials priced at least 20% above comparable Minimum Recyclable List materials, and Not Collected materials at least 10% above comparable AML materials. CAA also lists four active incentives for the 2026 program year (on-pack recycling instructions, Colorado-origin PCR, certified compostability, and a recyclability or reuse case study); their values are not published and CAA states the finalized eco-modulation ruleset is forthcoming. Colorado uses NO LCA (unlike Oregon). The 2026 producer dues already apply some eco-modulation (e.g., glass bonus ~4.2 to 4.0 cents/lb; EPS/PS foam malus ~160.2 to 172 cents/lb). Exact rates may be refined as CAA finalizes its own eco-modulated factors.
Litigation Status
⚖️
ILMA v. CDPHE (Denver District Court No. 2026CV30902, filed March 12, 2026). What is challenged: the packaging EPR program under HB 22-1355, on due process, nondelegation, and First Amendment grounds, brought by lubricant packaging manufacturers; CDPHE's motion to dismiss (arguing the statutory claims are untimely under the APA's 35-day review window) is pending. Second case, filed July 30, 2026: NAW v. Ryan (U.S. District Court, D. Colo., reported as Case No. 1:26-cv-03460) challenges the same Act on private-delegation, compelled-association, and fee-disclosure grounds, naming CDPHE Executive Director Jill Hunsaker Ryan. Unlike ILMA, NAW filed a motion for a preliminary injunction alongside its complaint; docket number not yet confirmed against the court record. What is not affected: ILMA did not seek a preliminary injunction and no court has granted relief in either Colorado case, so the program, registration, reporting, and fee obligations remain fully in effect for all producers. Sources: Arnold and Porter (Jun 1, 2026); Foley and Lardner (Apr 6, 2026); Resource Recycling (Jul 30, 2026).
Program Plan Status
Confirmed
Plan submitted: Yes. CAA is the designated producer responsibility organization for Colorado.
Agency approved: Yes. CDPHE approved the Colorado program plan in December 2025.
Where it stands: Live. Base fees began January 2026 under the CAA 2026 Colorado Producer Dues Schedule, which carries passive eco-modulation factors alongside the CDPHE active credits.
Next milestone: The 2025 Annual Supply Report was due to CAA May 31, 2026 (CAA-set date, not statutory). Producer Responsibility Advisory Board meets August 12, September 9, November 18 and December 9, 2026.
Source: Colorado CDPHE; CAA 2026 Colorado Producer Dues Schedule (October 13, 2025). Agency program page →
Reporting Deadlines and Key Dates
Jul 31, 2025
PPA signing + 2024 supply data due
Dec 2025
CDPHE approved Colorado program plan
Jan 2026
First mandatory fee payments due
May 31, 2026
2025 Annual Supply Report due (CAA-set date, not statutory)
Oct 2026
CAA expected to publish the 2027 Colorado Producer Dues Schedule (the 2026 schedule published Oct 13, 2025)
Early 2027
Fee invoices for 2025 data issued
Covered Products Scope
Consumer-facing packaging including plastics, glass, metals, paper/paperboard, and composite materials. Also includes paper products (newspaper, catalogs, directories).
Exemptions and Exclusions
The following categories may be fully or partially exempt from producer obligations in Colorado.
Verify applicability with the CAA producer portal or Colorado CDPHE before excluding any materials from supply reports.
De Minimis (Small Producer)
<1 ton/year placed on market OR under the Producer Exemption Dollar Limit, $5,632,843 global revenue as of July 1, 2025 (either qualifies; CPI-adjusted by CDPHE each July 1, so the current figure is likely higher and is not published)
B2B / Tertiary Packaging
B2B packaging not intended for end consumers excluded. Transport-only packaging (shipping boxes, pallets, pallet wrap) excluded.
Medical Device and Pharmaceutical
Packaging for animal biologics regulated under the federal Virus-Serum-Toxin Act (vaccines, bacterins, antisera, diagnostic kits) exempt. No explicit human medical device exemption in Colorado statute - producers of human medical device packaging should verify applicability with CDPHE or CAA.
Agricultural Packaging
Agricultural producers with <$5M gross revenue from ag products sold under their own brand in Colorado excluded from producer obligations
Hazardous Materials Packaging
Packaging required for hazardous materials transport under DOT regulations excluded
Construction / Contractor Packaging
Packaging used by construction companies or contractors in B2B context excluded
ℹ️
Colorado's exemption framework is narrower than Oregon's. Producers of human medical device packaging should confirm scope directly with CDPHE or CAA before assuming exemption.
Responsible Producer
Obligation follows a hierarchy: the brand owner whose brand is on the covered product; if the brand owner has no U.S. presence, the importer of record; if neither exists, the distributor or retailer that first sells the item into the state. Store-brand / private-label goods: the retailer whose brand appears is the producer. Licensed brands: the licensee that makes or sells is usually the producer unless the license assigns it.
CO: Standard hierarchy; confirm your determination in the CAA producer portal. General framework; verify the statutory definition and your specific role before registering.
What You Report and Covered Materials
These attributes are the fee inputs, so instrument them at design time. CAA collects this once through its producer portal and maps it to each state you sell into; state-specific rules still apply. Retain supporting records (typically 3 to 5 years) to substantiate reports, exemptions, and credits.
Covered Material Category (CMC) for each component
Net weight per component, per unit (grams)
Units / volume placed on the state market in the reporting year
Post-consumer recycled (PCR) content %, with documentation
Recyclability designation (per the state list) and reuse / refill status
PCR / recycled content: PCR improvements feed Colorado's recyclability credits (including Colorado-origin PCR of at least 30%). No separate packaging PCR mandate.
Source reduction: No source-reduction mandate; lighter packaging lowers tonnage-based fees.
Toxics / substance limits: Colorado restricts intentionally added PFAS in certain products including food packaging (HB 22-1345, phased). Colorado has NOT adopted a Toxics-in-Packaging heavy-metals law, so the 100 ppm four-metal packaging limit does not apply in Colorado.
Sources: Colorado HB 22-1345 (PFAS, phased); Toxics in Packaging Clearinghouse member list (Colorado is not a member). Model the dollar impact of any design change in the EPR fee calculator; this is design guidance, not a fee estimate.
Statute and Rule Text
Statute: HB 22-1355, the Producer Responsibility Program for Statewide Recycling Act. Read the statute →
Implementing rule: 6 CCR 1007-2, Part 1, Section 18, including the eco-modulation schedule at Section 18.9. A separate rulemaking on Section 1.8, producer responsibility authorization and the dollar limit exemption, is on the CDPHE proposed rulemakings page with no hearing noticed. Read the rule →
Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.
Frequently Asked Questions
Are Colorado EPR fees currently active?
Yes. Colorado base fees went live in January 2026, making Colorado the second U.S. state with active EPR fee obligations. The 2025 Annual Supply Report was due to CAA May 31, 2026, a CAA-set program date; C.R.S. 25-17-708 requires the report but fixes no date.
What is Colorado's de minimis threshold?
Less than 1 metric ton per year placed on the Colorado market OR under the Producer Exemption Dollar Limit -- either condition alone grants full exemption. That limit was $5,632,843 in global revenue as of July 1, 2025 (CAA, Covered Materials and Producer Definitions, June 2025). The statutory base is $5 million under HB 22-1355, CPI-adjusted by CDPHE each July 1, so the current figure is likely higher; CDPHE does not publish it inline, so confirm with CAA producer support before relying on a number.
What is the maximum eco-modulation reduction in Colorado?
Colorado applies passive eco-modulation factors automatically: a +5% malus for materials that disrupt recycling, a -5% incentive for high-recycling-rate materials, and a structural malus keeping Additional Material List materials at least 20% above similar Minimum Recyclable List materials and Not Collected materials at least 10% above similar AML materials. CAA publishes no aggregate eco-modulation credit cap -- the lowest cap of any U.S. EPR state. Most benchmarks are worth 1% each (clear on-pack recycling instructions, Colorado-origin PCR of at least 30%, certified compostability, a case study, and others). The single highest-value action is not established: CAA has not published the values of the four active incentives for 2026. (Source: CAA 2026 Colorado Producer Dues Schedule, Oct 13 2025, read directly; CDPHE schedule at 6 CCR 1007-2 Part 1 Sections 18.9 and 18.2.7.)
Does Colorado use life cycle assessments (LCAs) for eco-modulation like Oregon?
No. Unlike Oregon, Colorado does not use LCAs. Colorado credits are tied to four active design and labeling incentives whose values CAA has not published for 2026. Colorado also applies passive maluses automatically from supply data, and these are material-based rather than design-based: +5% for materials that disrupt recycling, with Additional Material List materials priced at least 20% above comparable Minimum Recyclable List materials and Not Collected materials at least 10% above comparable AML materials.
Explore Colorado Data in the Full EPR Atlas Hub
The EPR Atlas hub includes interactive tools to model your Colorado EPR cost exposure and compare eco-modulation scenarios across all seven enacted states.