Colorado Came One Day Short of Giving Producers a Way to Appeal Their Dues

Colorado SB26-192, the Producer Responsibility Dues Appeals Process, would have created a formal route for a producer to contest its eco-modulated dues: a hearing before the state EPR Advisory Board, written recommendations to CDPHE, a determination within 45 days, and final agency action open to judicial review. It passed the Senate 21-12 on May 12, 2026 and cleared House committee 7-4 the same day, then was laid over to May 14 on House Second Reading. The legislature adjourned May 13. The bill died on the calendar by one day. What this means for you: if you pay Colorado dues and think the amount is wrong, there is still no formal appeal. Your route is CAA directly, and after that the courts. This is not a footnote: NAW's Colorado lawsuit, filed July 30, 2026, pleads precisely this gap, arguing producers have no way to challenge a CAA fee assessment. Colorado nearly closed that hole itself and missed by a day, and the same argument is now in front of a federal judge. Expect the bill back in 2027. Source: Colorado General Assembly, SB26-192.