301: Colorado Program Plan Update - February 11, 2025

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The Program Plan Updates are bi-monthly meetings for producers to hear about the progress being made through the EPR programs across the states where CAA is the selected Producer Responsibility Organization. Please do not share this content beyond the group.

Presentation

Key Messages

Producer Services Updates:  

• Over 1000 producers are now covered by Participant Producer Agreements. 

• As of February 3, Circular Action Alliance has launched our Producer Reporting Portal and began issuing credentials to all of those who have signed a Participant Producer Agreement (PPA).  

• Note: Oregon State Addendum began being issued this week. While your credential will allow you to begin preparing your report, you will not be able to submit it until the Oregon State Addendum is signed.  

Colorado’s Plan Proposal was submitted to the Colorado Department of Public Health and Environment on February 3, 2025. The Plan Proposal is being reviewed for compliance by the CO EPR Advisory Board - https://cdphe.colorado.gov/hm/epr-program  

The plan reflects CAA Colorado’s proposed pathway for compliance with the plan proposal requirements in section 24-17-405(4) of Colorado House Bill 22-1355, the Producer Responsibility Program for Statewide Recycling Act. The Plan Proposal incorporates extensive feedback solicited by CAA during a robust consultation process that engaged more than 2,000 representatives from Colorado businesses, producers, local governments, haulers, recycling service providers, trade associations, and non-profits.  

Covered materials are those that are included in the EPR program as stipulated in the Producer Responsibility Act. Includes packaging materials and paper products, except as specified in section 703(13)(b) of the Act. The covered materials can be broken down into 2 lists: 

• Minimum Recyclable List – The uniform, statewide list of covered materials based on whether the covered material is readily recyclable.  

• Additional Materials List – Covered materials not on the minimum recyclables list that may be collected in different geographic areas through curbside services, drop-off centers, or other means. 

• The full list of proposed reporting categories can be found in Table 33: Covered Materials Reporting Categories of the Plan Proposal. 

Circular Action Alliance (CAA) is working closely with the Colorado Department of Public Health & Environment (CDPHE) to align reporting categories prior to the reporting deadline of July 31, 2025 for Colorado.  

The Colorado Program Budget Scenarios are in the plan for producers to review. These expected dues will be refined after Circular Action Alliance (CAA) receives reported volumes from producers at the end of July 2025. The final 2026 dues for Colorado are expected to be published on October 31, 2025.  

Q&A Overview

• Is the Colorado Program Plan Approved?

  No, the plan was submitted on February 3, 2025 and is being reviewed. There will be a second version of the plan submitted in Q3 of 2025 and we expect final plan approval by the end of Q4 of 2025.  

• When is the first reporting deadline for Colorado?

  July 31, 2025 is the first reporting deadline for Colorado. To support the implementation schedule, this is a change from the previously communicated August 31, 2025 deadline. CAA will share more details on what’s expected for this reporting deadline in an upcoming reporting workshop. Please stay tuned.  

• Can you explain "not collected" packaging items and whether or not they need to be reported? Are these items that will eventually be on the MRL or AML lists? How will CAA decide what products move from the AML to the MRL?

  Yes, “not collected” items do need to be reported by producers and there will be dues on these items. Based on the Colorado Needs Assessment, these items are currently not collected via curbside or drop-off in the state of Colorado. As the recycling system improves various items will continue to be added to the MRL and AML lists. CAA will look to improve conditions for those materials that may not currently be on the MRL or AML so that they can be collected and recycled in the State. See language below pulled directly from the Program Plan:  

  • “The MRL which is the list of covered materials that must be collected statewide in a manner that is as convenient as the collection of solid waste.” - Colorado Plan Proposal pg 97 

  • “The AML which is the list of covered materials that may be collected in different geographic areas through curbside services, drop-off centers, or other means.” - Colorado Plan Proposal pg 97 

  • “Additionally, the Program includes a table of covered materials that are on neither the MRL nor the AML list” - Colorado Plan Proposal pg 98 

  • Table 23 has the list of Covered Materials on Neither the MRL nor AML list 

  • “Circular Action Alliance (CAA) Colorado aims to transition materials from the AML to MRL as the overall recycling system improves (i.e., sorting equipment or end markets become available), as further detailed in the System Expansion Chapter. Updates to MRL may be submitted in the Annual Report and through consultation with the advisory board. It will also look to improve conditions for those materials that may not be on MRL or AML so that they can be collected and recycled in the State.” - Colorado Plan Proposal pg 102 

• I had thought there was an exemption for product packaging in B2B transactions - is that correct? Are pallets considered exempt in Colorado like Oregon?

  As stated in the Act, packaging material does not include "packaging materials used solely in business-to-business transactions where a covered material is not intended to be distributed to the end consumer." 

• Are local recycling facilities going to be handling aerosol cans in their curbside/drop off such that empty aerosols are no longer considered Household Hazardous Waste (HHW)? Or are empty aerosol cans going to considered both HHW and MRL?

  “Aerosol Containers (aluminum, steel): CAA Colorado will reimburse collection of aerosols through existing methods and consider reimbursement of expanded collection through drop-off and other programs, meaning that residential and non-residential aerosols collection will be through both curbside and drop-off. For expansion of residential service, CAA Colorado will consider including aluminum and steel aerosol containers in new curbside collection services. CAA Colorado will also work with service providers to provide collection of source-separated aerosol containers at existing and new drop-off locations.”– Colorado Program Plan pg 103

• Can you clarify - Compostable packaging types won't incur dues, but they will have to pay in to get support from the program?

  Covered compostable packaging will incur dues; however, the dues for covered compostable packaging are calculated differently from other covered materials as it has different requirements in the legislation. Unlike recyclable covered materials, the Act does not require CAA to reimburse the costs of service (collection and processing) for composting covered packaging. Most of the costs associated with compostable packaging are derived from the budgeted direct costs of targeted investments in compost funding. 

• When EPR funds are allocated to a Composter, will that Composter be required to accept all compostable products on the MRL/AML list or will they be able to receive funds even though they accept a limited number of products?

  Covered compostable packaging is not collected on the MRL/AML under the current Program Plan Proposal. Over time, the Program aims to support participating compost facilities in reducing contamination and improving the processing of compostable packaging. CAA Colorado will offer a per-ton or per-cubic yard processing incentive to facilities that currently accept, and process covered compostable packaging. 

• Colorado’s plan says “dues” instead of fees – does that mean we have to pay both the state and CAA?

  Producers do not have to pay the State of Colorado. In Colorado, the Act uses the term “dues” instead of the term “fees.” As such, you will see the term “dues” used throughout the Colorado Plan Proposal. As in other states, Producers will remit dues, or fees, directly to CAA. 

• Does CAA anticipate allowing alternate weight determinations for the first Colorado reporting period, similar to Oregon (e.g. ABOM instead of specific values)?

  CAA’s guidance documents provide detailed information on methodologies for preparing your supply report.  CAA will work with CDPHE in Colorado, much like we have worked with DEQ in Oregon, to confirm that all methodologies are aligned with the Program Plan and regulation. At this time, CAA expects to have the same available ‘alternate weight’ methodologies in CO as in OR.