Colorado Came One Day Short of Putting a Dues Appeal Process in Statute

Colorado SB26-192, the Producer Responsibility Dues Appeals Process, would have reaffirmed in statute a 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 22-12 on May 12, 2026 and cleared House committee 7-4 the same day, then was laid over to May 14 on House Second Reading. (Corrected October 12, 2026.) 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 eco-modulation factors in them are wrong, Colorado’s rule already lets you request a hearing before the advisory board after mediation, and the Division Director must decide on the board’s recommendation within 45 days (6 CCR 1007-2 Part 1 section 18.2.7, in the version effective July 15, 2026). That hearing covers the eco-modulation factors only. (Corrected October 12, 2026.) NAW’s Colorado lawsuit, filed July 30, 2026, argues that the Act forces businesses to sign an agreement with CAA under which they surrender their rights to due process of law and a federal judicial forum, and that argument is now in front of a federal judge. Expect the bill back in 2027. Source: Colorado General Assembly, SB26-192.