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Committee advances bill to codify appeals path for EPR producer dues after split testimony
Summary
The State Civic, Military and Veterans Affairs Committee voted 7-4 to advance Senate Bill 192, which would clarify that Colorado's EPR advisory board may hold review hearings and recommend on appeals of producer dues while CDPHE retains final agency action; supporters said the move preserves due process and program continuity, opponents warned of constitutional and conflict-of-interest risks.
Senate Bill 192, a narrow measure to clarify appeals for producer dues under Colorado's extended producer responsibility (EPR) program, advanced from the State Civic, Military and Veterans Affairs Committee on a 7-4 vote.
Sponsors and agency officials said the bill simply affirms a multi-step appeals path tied to a rule the Solid and Hazardous Waste Commission adopted in November 2025. Representative Joseph, a sponsor, told the panel the legislation "reaffirms and makes abundantly clear that Colorado's EPR advisory board can make recommendation to CDPHE on appeals of producer dues amounts," and stressed that the department retains final decision authority and that parties may seek judicial review.
Opponents, including trade groups and some committee members, warned that vesting a recommendation role with the advisory board risks due…
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