Disposal of Preproduction Plastic Materials

2026 Regular Session

Disposes of preproduction plastic materials only at solid waste facilities with a state Certificate of Designation, replacing the prior designation approach.

Governor Signed

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Purpose and intent

SB 171 seeks to regulate the disposal of preproduction plastic materials by restricting disposal at locations that lack a designated solid waste disposal site with a certificate of designation. The overarching goal is to ensure preproduction plastics are disposed only at properly designated facilities, aligning disposal practices with established waste-management designations.

Key provisions and changes

New statutory provision added: Creates section 30-20-125 in the Colorado Revised Statutes.

Defines “preproduction plastic materials” by reference to the meaning provided in section 25-8-1102(3).
Prohibits disposal of preproduction plastic materials at any location that has not been issued a Certificate of Designation pursuant to section 30-20-105.

Removal of previous prohibition (as enacted in another bill): The bill notes an existing prohibition from SB 26-016 (2026) that previously restricted disposal only at locations lacking certain federal or state regulatory designations (e.g., federal interim status, a federal permit under the Solid Waste Disposal Act, or a state hazardous waste permit). SB 171 repeals that specific prohibition and replaces it with a prohibition tied to certificate-of-designation status for solid waste disposal sites.

Effective date and potential referendum:

The act takes effect on August 12, 2027.
If a referendum petition is filed within 90 days after adjournment, the act (or parts of it) would only take effect if approved by voters in the November 2026 general election.

Affected entities and impact

Disposal location operators: Must hold a Certificate of Designation to operate as a solid waste disposal site to legally receive disposal of preproduction plastic materials.

Generators/shippers of preproduction plastic materials: Must ensure downstream disposal destinations have the requisite designation; otherwise, disposal would be unlawful.

Regulatory framework: Shifts emphasis from federal/industrial-hazard designations to state-issued certificates of designation for solid waste disposal facilities handling preproduction plastics.

Procedural and timeline notes

Bill status and process: Introduced in the Senate and assigned to the Transportation & Energy committee. No House committee action noted in the provided text.

Effective date considerations: General effective date is August 12, 2027, with potential voter-approved delay if a referendum is filed and approved in November 2026.

Interaction with SB 26-016 mechanics: The text indicates the bill would repeal the SB 26-016 framework in favor of the certificate-of-designation approach for disposal sites.

Bottom line

SB 171tightens the regulation of where preproduction plastic materials may be disposed of in Colorado by requiring disposal only at solid waste disposal facilities that possess a state-issued Certificate of Designation. It repeals the prior SB 26-016 approach and establishes a designation-based disposal requirement, with a delayed effective date contingent on potential referendum outcomes.

Bill