Disposal rules for preproduction plastics

Summary#

Colorado’s enacted SB 26-171, “Disposal of Preproduction Plastic Materials,” changes state law. It repeals a provision added by SB 26-016 and adds a rule to the Colorado Revised Statutes; the stated goal is to keep preproduction plastic materials from being disposed of at locations without a solid-waste-site certificate. The rule is scheduled to take effect August 12, 2027, subject to the referendum condition in the act.

  • A person must not dispose of preproduction plastic materials at a location that has not received a certificate of designation to operate as a solid waste disposal site and facility.
  • The bill uses the definition of “preproduction plastic materials” in another law; that definition is not included in the supplied material.
  • The bill does not ban disposal of these materials altogether. It restricts the locations where they may be disposed of.
  • The act repeals a provision identified as section 25-15-329, added by SB 26-016. Without that earlier law, its effect cannot be verified.

What it means for you#

  • People and businesses disposing of these materials: Starting on the effective date, they must use a location with the required certificate. The bill does not set out an application or approval process for disposal.
  • Solid waste site operators: The permitted disposal location must have a certificate of designation. The bill does not require operators to accept these materials.
  • Other residents: The bill does not directly change household waste rules, taxes, fees, or benefits, based on the supplied text.

Money#

No cost information is in the available material.

  • The bill gives no estimate of public spending, staffing, business costs, fees, or savings.
  • It does not state a fine or other penalty for violating the disposal rule.

What is unclear#

  • The definition of “preproduction plastic materials” is in a separate law not supplied here, so its full scope cannot be confirmed.
  • The bill does not explain how compliance will be checked or enforced, or what consequences apply to a violation.
  • The effect of repealing section 25-15-329 cannot be verified without the text of SB 26-016 and the relevant current law.
  • The act says it takes effect August 12, 2027, but provides for a referendum petition and possible voter approval. The supplied material does not say whether a petition was filed.

Case for#

  • A possible argument for the bill is that it directs disposal to locations with a certificate to operate as solid waste disposal sites and facilities.
  • This could make the permitted disposal locations clearer by setting a specific condition: the location must have a certificate of designation.
  • The rule applies to any person disposing of the covered materials, rather than naming only certain businesses or industries.

Case against#

  • The bill does not explain how compliance will be checked or what happens after a violation, leaving key parts of enforcement unclear.
  • The definition is in another law, and the supplied material does not show which materials are covered.
  • The rule limits where disposal may occur, but the bill does not say whether certified locations have the capacity or willingness to accept these materials.
  • The repeal may change existing law in a way that cannot be assessed from the supplied text.

Votes

Senate Transportation & Energy: Refer Senate Bill 26-171 to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.

For (100%)

Senate: Third Reading Bill

For (94%)
Against (6%)