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House Energy & Environment committee postpones repeal of 10¢ paper-bag fee after mixed testimony

2247509 · February 6, 2025
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Summary

After two hours of testimony and questioning, the House Energy & Environment Committee postponed indefinitely House Bill 1051, which would have repealed the statewide 10¢ fee on recycled paper carryout bags established by the Plastic Pollution Reduction Act.

The House Energy & Environment Committee on the 2025 session moved to postpone indefinitely House Bill 1051, legislation that would repeal the statewide 10¢ fee on recycled paper carryout bags established under the Plastic Pollution Reduction Act. The committee heard panels of both opponents and supporters, questioned sponsors and witnesses, and ultimately voted to postpone the bill.

The bill’s sponsors, Minority Leader Cathy Pugliese and Representative Miguel Gonzalez, framed HB1051 as a consumer-relief measure aimed at low-income households and working families. "This bill is not going back to plastic bags," Minority Leader Pugliese told the committee, saying the measure would only remove the 10¢ fee on paper bags. Representative Gonzalez said the fee "adds up over time" for families and said eliminating it would "restore choice, allowing families to decide what option best suits their needs without penalty."

Opponents — including environmental groups, municipal representatives and county advocates — urged lawmakers to keep the fee as a price signal that reduces single-use bag consumption and funds local programs. Danny Katz, executive director of the Colorado Public Interest Research Group (COPERD), said the fee reminds shoppers that "bags are not free" and has driven increased use of reusable bags. Henry Styles, zero-waste advocate with Environment Colorado, told the committee the fee supports local recycling and litter cleanup programs and reduces overall resource use.

The committee’s public testimony included local government officials who disagreed about the fee’s local effects. Selena Lujan Alvarez, representing the City of Fort Collins, said her city’s ordinance predates the statewide law and that Fort Collins has seen a 31% decline in purchased recycled paper bags since 2022; she estimated roughly $431,000 in anticipated revenue from bag fees in her community. By contrast, Park County Commissioner Amy Mitchell described a heavier administrative burden for small, low-population counties and said Park County collected about $750 in bag-fee revenue in 2024 and processes only a handful of remittances.

Committee members pressed witnesses on environmental tradeoffs and the practical impact on consumers. Representative Joseph asked sponsors whether repealing the statutory definitions in 25-17-505 would change enforcement of single-use plastic bag restrictions; sponsors said the bill’s intent was limited to removing the state-level paper bag fee and not to restore plastic bags. Witnesses answered technical and procedural questions about reuse rates, exemptions for food-assistance recipients and local authority to adopt local bag fees.

After testimony and questions, Representative Gonzalez moved to send HB1051 to the Committee of the Whole with a favorable recommendation; the motion was seconded by Representative De Graaf and failed on a roll call. Later, following a separate procedural motion, the committee postponed the bill indefinitely.

Votes at a glance

- Motion: Move HB1051 to Committee of the Whole with a favorable recommendation. Mover: Representative Miguel Gonzalez; Seconder: Representative De Graaf. Outcome: Failed on roll call (4 yes, 9 no). Yes votes recorded for Representatives Burrow, McGrath, Gonzales and Wug; no votes recorded for Brown, Camacho, Jackson, Joseph, Pascal, Bruton, Wilford, Velasco and the Chair.

- Motion: Postpone HB1051 indefinitely (procedural). Mover: Representative Lasko (as recorded in the transcript); Seconder: Representative Wilford (as recorded). Outcome: Postponed indefinitely.

Why it mattered

Supporters argued the 10¢ fee disproportionately affects low-income Coloradans, seniors on fixed incomes and other vulnerable groups and that local governments retaining the fee should be a local decision. Opponents argued the fee works as a behavioral incentive to reduce single-use bag consumption, funds local sustainability programs, and has demonstrable reductions in bag use in municipalities that had local ordinances.

The committee’s postponement leaves the statewide fee in place for now and preserves local authority for jurisdictions that choose to keep or enact municipal bag fees. Sponsors said they plan to pursue broader floor debate so more members of the House can weigh in.

Ending note

The record shows a sharp divide among environmental organizations, county and municipal officials, and advocates for consumer relief. The committee’s action pauses HB1051 for this session; proponents asked that the full House still be allowed to debate the measure before the legislative session concludes.