Colorado's HB 22-1355 (2022) launched active base fee obligations in January 2026, and Colorado is the second U.S. state, after Oregon, to charge fees under an approved program plan. Two programs run under the law: CAA for packaging and paper, and Interchange 360, which since March 11, 2026 has run a CDPHE-approved individual program for packaging of lubricants, antifreeze, and other petroleum-based fluids used in transportation and mechanical applications such as motor oil and antifreeze containers. CDPHE says a producer may need to register and report with both. Interchange 360 charges $0.56 per gallon for all products, sizes, and formats, moving on January 1, 2027 to material-based base rates of $0.76 to $1.88 per gallon, and a producer that joins late pays back to July 1, 2024, when its planning dues began; reports are due 30 days, and dues 60 days, after each monthly, quarterly, or annual reporting period closes (Interchange 360, accessed October 1, 2026; Interchange 360 dues change notice, October 2, 2026).
Last updated October 25, 2026.
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. Four active bonuses are in rule at 1% each, Section 18.9.2 having been adopted effective January 2026: clear on-package sorting instructions; Local End Use, which requires the material to be on the Minimum Recyclable List or a recyclables list identified through an alternative collection program, to carry an average 20% or more postconsumer content generated in the United States, and to go to a Colorado end market; certified compostable material; and a recyclability or reuse case study. They phase in rather than starting together, the case study bonus from July 1, 2027 and the on-package sorting instructions bonus from January 1, 2029, and the rule requires the PRO to apply them to invoices no later than January 31, 2028 and each January 31 after, unless a bonus sets its own start date (s18.9.2). CAA's 2027 dues schedule says its updated guidance covers these CDPHE bonus benchmarks. The four active incentives CAA's 2026 schedule listed for the 2026 program year correspond to the producer-level incentives in CAA's approved plan (source reduction, PCR, reuse and refill, and innovation and enhancement, worth 5 percent of base dues in the first year), which are separate from these rule bonuses. Section 18.9.1(B) says a producer is eligible for bonuses "equal to a reduction in base dues of 10%" while the four benchmarks total 4%; whether the 10% is a cap, an aggregate entitlement, or a drafting artifact is not resolvable from the rule text, and CDPHE has published no clarification.
The passive factors are published and 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, Additional Material List (AML) materials at least 20% above comparable Minimum Recyclable List (MRL) materials, and Not Collected materials at least 10% above comparable AML materials. CAA builds those passive maluses into its per-material dues rates from supply data, under the rule's factors for designs and practices that disrupt the recycling of other materials and for use of covered materials not on the Minimum Recyclable List (6 CCR 1007-2 Part 1 s18.5.4(B)(2)).
Colorado's de minimis threshold is less than one ton of covered materials into the state OR under the Producer Exemption Dollar Limit, $5,779,297 (the limit as of July 1, 2026) in global gross revenue in the prior calendar year, excluding on-premises alcohol sales. Colorado states no unit for that ton: C.R.S. 25-17-713(1)(b) and 6 CCR 1007-2 Part 1 Section 18.2.3(B) both read "less than one ton", while the same regulation writes "dry short tons" explicitly elsewhere, so neither metric nor short can be assumed (corrected 2026-08-27). The dollar limit is a rule figure at 6 CCR 1007-2 Part 1 Section 1.8.2 and is measured on realized gross total revenue excluding on-premises alcohol sales, CPI-adjusted to the Denver-Aurora-Lakewood CPI each July 1 (C.R.S. 25-17-713(2)). The figure is stated in the rule version effective July 15, 2026, which states it as of July 1, 2026; the superseded July 1, 2025 figure was $5,632,843. Colorado also exempts the state or a local government, nonprofit organizations, qualifying agricultural employers, an individual business operating a licensed retail food establishment at a physical business location, and builders, construction companies, and construction contractors (6 CCR 1007-2 Part 1 s18.2.3(C)-(G)). Any one condition alone grants full exemption.
Published dues, with Colorado’s passive eco-modulation already inside the rates; the four active bonuses would reduce them further.
| Material / Packaging Type | 2027 Rate / Metric Ton | 2026 Rate / Metric Ton | Tier |
|---|---|---|---|
| Aluminum, cans | $110 | $44 | Tier 1 |
| Clear PET (#1) | $397 | $331 | Tier 2–3 |
| HDPE Natural (#2) | $485 | $309 | Tier 2–3 |
| Steel | $243 | $154 | Tier 2–3 |
| Uncoated Paper/Board | $198 | $176 | Tier 1 |
| Corrugated | $220 | $176 | Tier 2–3 |
| HDPE Pigmented (#2) | $595 | $507 | Tier 2–3 |
| PP (#5) | $463 | $441 | Tier 2–3 |
| Glass | $110 | $88 | Tier 1 |
| LDPE Film / Mono-PE | $1,367 | $1,058 | Tier 4 |
| PS Rigid (#6) | $1,698 | $1,720 | Tier 4 |
| Expanded Polystyrene | $4,608 | $3,792 | Tier 4 |
Tier groups the newest rate in each row into this site’s bands (Tier 1 under $200, Tier 2–3 from $200 to $599, and Tier 4 at $600 or more per metric ton). It is not a program term.
Source: 6 CCR 1007-2 Part 1 Section 18.9, adopted text (rule versions effective January 14, 2026 and July 15, 2026). Section 18.9 holds the eco-modulation bonus schedule. Per-benchmark values are in rule at 1% each; CAA 2026 Colorado Producer Dues Schedule (Oct 13, 2025) for the passive factors.
Multiplier floor: 1.00× (passive factors are already inside the published 2026 and 2027 dues rates. The four active bonuses are 1% each in rule; the rule requires the PRO to apply them to invoices no later than January 31, 2028, unless a bonus sets its own start date, and CAA's 2027 dues schedule says its updated guidance covers these CDPHE bonus benchmarks. The four active incentives in CAA's 2026 schedule are CAA's own plan incentives, separate from these bonuses)
Plan submitted: Yes. CAA is the designated producer responsibility organization for Colorado packaging and paper. Interchange 360 also runs a CDPHE-approved individual program for packaging of lubricants, antifreeze, and other petroleum-based fluids used in transportation and mechanical applications, approved September 2025.
Agency approved: Yes. CDPHE approved the Colorado program plan in December 2025.
Where it stands: Live. Dues began January 2026, and CAA published the 2027 Colorado Producer Dues Schedule on October 1, 2026; both schedules carry passive eco-modulation factors inside the rates, and the 2027 schedule says the CDPHE bonus benchmarks will apply alongside them.
Next milestone: The CDPHE PRAB page, accessed September 23, 2026, listed Producer Responsibility Advisory Board meetings for October 28 (1:30 to 4:30 p.m.), November 18, and December 9, 2026. CAA published the 2027 Colorado producer dues on October 1, 2026 and lists its eco-modulation guidance (6 CCR 1007-2 Part 1 s18.9.2) as revised October 2026, in its login-only Producer Portal (CAA Colorado guidance page, accessed October 4, 2026).
Source: Colorado CDPHE; CAA 2026 Colorado Producer Dues Schedule (October 13, 2025); CAA 2027 Colorado Producer Dues Schedule (October 1, 2026). Agency program page →
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.
Obligation follows a statutory cascade and the shape differs by state. Washington, Maryland, Minnesota, and Maine run five tiers for items sold at a physical retail location: the manufacturer for goods under its own brand or in packaging lacking brand identification; the licensee that manufactures and sells under a brand owned by another party; the brand owner; the U.S. importer where none of those exists in the United States; then the person that first distributes the item in or into the state (RCW 70A.208.020(29)(a)(i); Md. Envir. 9-2501(p)(1)(i) and COMAR 26.04.14.02B(25)(b); Minn. Stat. 115A.1441 subd. 26(a)(1); 38 MRSA 2146(1)(O)(1)). The Oregon and Colorado statutes run three tiers: own-brand or unbranded manufacturer, licensee, then the importer into the United States (ORS 459A.866(1)(a); C.R.S. 25-17-703(30)(a)); in Oregon there is no brand-owner tier. The Colorado rule then sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. California reaches a manufacturer in the state that owns or is the licensee of the brand at tier 1, then the brand owner or exclusive licensee in the state, then whoever sells or distributes in or into the state, with no importer tier (PRC 42041(w); 14 CCR 18980.1.1(a)). Store-brand and private-label goods usually land on the retailer whose brand appears, but the test differs in three states. Colorado's rule reaches the brand owner first only where it directs or performs the manufacturing of the packaging (6 CCR 1007-2 Part 1, s18.2.2(A)(1)). In Oregon the retailer is reached only where it directs the manufacturing, including setting packaging specifications, and ordering finished goods for resale in the normal course of business is not directing manufacturing (OAR 340-090-0860(1)(a)). In California an in-state manufacturer that owns the brand or is licensed to manufacture the goods is the producer ahead of the brand owner (14 CCR 18980.1.1(c)(1)). Washington, Maryland, Minnesota, and Maine make the franchisor the producer where it has franchisees with a commercial presence in the state, and Colorado's rule does so where it has franchisees that operate in Colorado (RCW 70A.208.020(29)(a)(vi)(B); COMAR 26.04.14.02B(25)(g); Minn. Stat. 115A.1441 subd. 26(a)(6)(ii); 38 MRSA 2146(1)(O); 6 CCR 1007-2 Part 1 s18.2.2).
CO: Colorado's statute (C.R.S. 25-17-703(30)(a)) defines the producer in three tiers: the manufacturer selling under its own brand or an unbranded product, then the brand or trademark licensee where someone other than the brand owner manufactures, then the importer. CDPHE's rule sets the order of obligation in four steps (6 CCR 1007-2 Part 1, s18.2.2(A)): the brand owner directing or performing the manufacturing of the packaging, then the brand or trademark licensee directing it, then the manufacturer where no brand is identified, then the importer. The rule defines brand owner to include the person directing the manufacturing, including setting specifications for a product's packaging (s18.1). Confirm your determination in the CAA producer portal. General framework; verify the statutory definition and your specific role before registering.
These attributes are the fee inputs, so they are best captured at design time. CAA collects these attributes through one Producer Portal account, with a separate Producer Report for each state where the producer has signed a State Addendum, and state-specific rules still apply. Retain supporting records for 5 years, the period 6 CCR 1007-2 Part 1 s18.1.5(A) sets for the documents and records the department needs to determine compliance.
Colorado's Minimum Recyclable List (MRL) defines recyclable materials; non-MRL materials draw a malus. Covered materials / recyclability list →
PCR improvements feed Colorado's Local End Use bonus, which needs the material to be on the Minimum Recyclable List or a recyclables list identified through an alternative collection program, to use on average at least 20% postconsumer-recycled content generated in the United States, and to be used by an end market business in Colorado (6 CCR 1007-2 Part 1 Sec. 18.9.2(B)). No separate packaging PCR mandate.
No source-reduction mandate; lighter packaging lowers tonnage-based fees.
Colorado restricts intentionally added PFAS in certain products including food packaging (HB 22-1345, phased). Colorado has no toxics-in-packaging heavy-metals law: the state map of the Toxics in Packaging Clearinghouse, which tracks the nineteen states with such laws, places Colorado among the states without legislation (read 2026-09-24).
Sources: Colorado HB 22-1345 (PFAS, phased); Toxics in Packaging Clearinghouse state map (Colorado: without legislation, read 2026-09-24). The EPR fee calculator models the dollar impact of a design change, and this section does not estimate fees.
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. Section 1.8.2, the producer exemption dollar limit, was amended in the rule version effective July 15, 2026 to state the July 1, 2026 figure of $5,779,297. Read the rule →
Primary sources. Where the statute and an agency summary disagree, the statute and the adopted rule control.
The EPR Atlas hub includes interactive tools to model your Colorado EPR cost exposure and compare it across all seven enacted states.