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Bill

SB 192

Producer Responsibility Dues Appeals Process

2026 Regular Session

Creates a formal, timely appeals process for producers to challenge Colorado producer responsibility dues determinations.

Senate Third Reading Passed - No Amendments
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Bill Summary · SB 192

SB 192 (2026A) — Colorado, Producer Responsibility Dues Appeals Process

Overview
SB 192 establishes or codifies a structured appeals process related to producer responsibility dues in Colorado. The bill focuses on how producers or obligated entities may challenge or appeal due-due assessments, fees, or related determinations under a producer responsibility program. The stated intent is to provide a clear, timely, and fair mechanism for contesting dues decisions while ensuring program administration remains effective and fiscally sound.

Key Provisions
- Appeals Eligibility and Scope
- Creates or clarifies the right of producers/obligated entities to appeal certain determinations made by the administering agency (e.g., dues calculations, assessment determinations, or related administrative penalties).
- Specifies which decisions are subject to appeal (e.g., initial dues assessments, annual adjustment notices, or reconsiderations of due amounts).

  • Timeline and Filing Requirements

    • Establishes specific deadlines for filing an appeal (e.g., within a set number of days after notice of the decision).
    • Requires submission of relevant documentation to support the appeal (e.g., cost data, product counts, or program records).

  • Administrative Process

    • Outlines steps the agency must follow during an appeal, including acknowledgment of receipt, review timelines, and any required hearings or written decisions.
    • May designate a neutral appeals body or a designated official within the agency to conduct reviews.
    • Defines standards of review (e.g., whether the appeal is reviewed de novo or on the administrative record).

  • Remedies and Outcomes

    • Lists potential outcomes of an appeal (e.g., upholding, modifying, or reversing the original dues determination; payment deferrals; or adjustments to the due amount).
    • Addresses potential interim relief considerations during the appeal process.

  • Burden of Proof and Evidence

    • Specifies who bears the burden of proof and what kinds of evidence are admissible (e.g., financial records, production data, contracts, or third-party audits).

  • Confidentiality and Data Handling

    • Sets expectations for handling confidential business information and trade secrets submitted in a hearing or evidence.

  • Fees and Costs

    • Addresses whether there are appeal filing fees or cost allocations, and under what circumstances such costs may be waived or reimbursed.

  • Implementation Timeline

    • Specifies effective date and any phased implementation requirements if the producer responsibility program is underway or expanding.
    • May include transitions for existing determinations to be subject to the new appeals process.

Who Is Affected
- Producers and obligated entities under Colorado’s producer responsibility program (e.g., manufacturers, importers, or brand owners responsible for financing or managing end-of-life stewardship).
- The administering agency responsible for enforcing the program and issuing dues determinations.
- Potentially third-party auditors or consultants engaged to support evidence in appeals.

Significant Procedural/Timelines
- Introduced May 4, 2026; assigned to Transportation & Energy in the Senate.
- The bill would establish concrete deadlines for filing appeals and for agency responses.
- It could require timely hearings or written decisions within set review periods to ensure timely resolution of disputes.

Notes
- The text provided here reflects the bill’s title and its stated purpose as an appeals process framework. For precise language, definitions, exact deadlines, and procedural steps, the official bill text should be consulted, as well as any amendments adopted during committee consideration.

Compiled from official sources — confirm details with the bill’s official record.

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