SB 16

SENATE BILL 26-016
BY SENATOR(S) Cutter and Wallace, Amabile, Jodeh, Kipp, Marchman,
Roberts, Sullivan, Weissman, Coleman;
also REPRESENTATIVE(S) Smith and Lukens, Bacon, Boesenecker,
Brown, Duran, Espenoza, Froelich, Garcia, Goldstein, Jackson, Lindsay,
Mabrey, McCormick, Nguyen, Phillips, Rutinel, Sirota, Stewart K., Titone,
McCluskie.
CONCERNING PROHIBITING THE DISCHARGE OF PREPRODUCTION PLASTIC
        MATERIALS.
Be it enacted by the General Assembly of the State of Colorado:
       SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that plastic feedstock materials, including both virgin and
recycled plastic pellets, when released into the environment, contribute to
plastic pollution, harm aquatic life, and disproportionately impact
communities located near industrial and transportation corridors.
       (2) Therefore, it is the intent of the general assembly to prevent
these releases.
         SECTION 2. In Colorado Revised Statutes, add part 11 to article
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
8 of title 25 as follows:
                                 PART 11
                    PLASTIC PELLET-FREE WATERS ACT
       25-8-1101. Short title.
     THE SHORT TITLE OF THIS PART 11 IS THE "PLASTIC PELLET-FREE
WATERS ACT".
       25-8-1102. Definitions.
      As USED IN THIS PART 11, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
       (1)    "DISCHARGE" MEANS THE INTRODUCTION OR ADDITION OF
PREPRODUCTION PLASTIC MATERIALS INTO STATE WATERS, WASTEWATER,
STORM WATER RUNOFF, OR OTHER RUNOFF.
       (2) (a) "FACILITY" MEANS AFACILITY THAT MAKES, USES, PACKAGES,
OR TRANSPORTS PLASTIC PELLETS OR OTHER PREPRODUCTION PLASTIC
MA TE RIALS IN THE STATE.
       (b)    "FACILITY" DOES NOT INCLUDE A DOMESTIC WASTEWATER
TREATMENT WORKS, AS DEFINED IN SECTION 25-8-103 (5).
       (3)    (a)      "PREPRODUCTION   PLASTIC   MATERIALS"   MEANS
PREPRODUCTION PLASTIC PELLETS, FLAKES, FIBERS, POWDERS, OR POWDERED
COLORING FOR PLASTICS, IN THEIR RAW OR PRIMARY STATE.
       (b)  "PREPRODUCTION   PLASTIC   MATERIALS"   INCLUDES
PREPRODUCTION PLASTIC MATERIALS PRODUCED FROM VIRGIN RESIN OR
FROM RECYCLED OR POST-CONSUMER PLASTIC SOURCES, PRIOR TO
INCORPORATION OR REINCORPORATION INTO A FINISHED PLASTIC PRODUCT.
       ( C)   "PREPRODUCTION PLASTIC MATERIALS" DOES NOT INCLUDE
MATERIALS RESULTING FROM THE BREAKDOWN OF MANUFACTURED OR
OTHERWISE USEFUL PLASTIC PRODUCTS.
       25-8-1103.       Discharge of preproduction plastic materials
PAGE 2-SENATE BILL 26-016
prohibited.
      A PERSON SHALL NOT DISCHARGE PLASTIC PELLETS OR OTHER
PREPRODUCTION PLASTIC MATERIALS FROM A FACILITY IN THE STATE.
       SECTION 3. In Colorado Revised Statutes, 25-8-501, add (7) as
follows:
     25-8-501.       Permits required for discharge of pollutants -
administration.
        (7)    NOTWITHSTANDING SUBSECTION (2) OF THIS SECTION, THE
DIVISION SHALL NOT ISSUE A PERMIT FOR THE DISCHARGE OF PLASTIC
PELLETS OR OTHER PREPRODUCTION PLASTIC MATERIALS INTO STATE
WATERS.
       SECTION 4. In Colorado Revised Statutes, add 25-15-329 as
follows:
      25-15-329. Discharge of preproduction plastic materials
prohibited - definitions.
        (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
        (a)    "DISCHARGE" MEANS THE INTRODUCTION OR ADDITION OF
PREPRODUCTION PLASTIC MATERIALS THROUGH LAND APPLICATION AT A
LOCATION THAT DOES NOT HAVE FEDERAL INTERIM STATUS, A FEDERAL
PERMIT GRANTED PURSUANT TO THE FEDERAL ACT, OR A STATE PERMIT
GRANTED BY THE DEPARTMENT PURSUANT TO SECTION 25-15-303.
        (b) (I) "FACILITY" MEANS AFACILITY THAT MAKES, USES, PACKAGES,
OR TRANSPORTS PLASTIC PELLETS OR OTHER PREPRODUCTION PLASTIC
MATERIALS IN THE STATE.
        (11)   "FACILITY" DOES NOT INCLUDE A DOMESTIC WASTEWATER
TREATMENT WORKS, AS DEFINED IN SECTION 25-8-103 (5).
        ( c) "LAND APPLICATION" MEANS A DISCHARGE BEING APPLIED TO THE
LAND.
PAGE 3-SENATE BILL 26-016
      (d) "PREPRODUCTION PLASTIC MATERIALS" HAS THE MEANING SET
FORTH IN SECTION 25-8-1102.
       (2) A PERSON SHALL NOT DISCHARGE PLASTIC PELLETS OR OTHER
PREPRODUCTION PLASTIC MATERIALS FROM A FACILITY IN THE STATE.
        SECTION 5. Act subject to petition - effective date -
applicability. (1) This act takes effect August 12, 2027; except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within the
ninety-day period after final adjournment of the general assembly, then the
act, item, section, or part will not take effect unless approved by the people
at the general election to be held in November 2026 and, in such case, will
take effect August 12, 2027.
PAGE 4-SENATE BILL 26-016
       (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
James Rashad Coleman, Sr.
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
                                                               ,,,
Esther van Mourik
SECRETARY OF
                                          v~  ~
                                        CHIEF CLERK OF THE HOUSE
                                                                     Reilly
THE SENATE  OF REPRESENTATIVES
       APPROVED On YY'\oV\fr:i  ty\°'rpn 30~ Lffl0 Citf \ ~1or
                        (Date and Time)
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