HB 21-1162 CO

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Became Law

Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. The act repeals the prohibition on July 1, 2024.The act prohibits stores and retail food establishments, on and after January 1, 2024, from providing single-use plastic carryout bags to customers; except that retail food establishments that are restaurants and small stores that operate solely in Colorado and have 3 or fewer locations may provide single-use plastic carryout bags. The prohibition does not apply to inventory purchased before January 1, 2024, and used on or before June 1, 2024, which may be supplied to a customer at the point of sale for a 10-cent or greater fee.Between January 1, 2023, and January 1, 2024, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag or a higher fee adopted by the municipality or county in which the store is located.On and after January 1, 2024, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag or a higher fee imposed by the municipality or county in which the store is located.A store is required to remit, on a quarterly basis beginning April 1, 2024, 60% of the carryout bag fee revenues to the municipality or county within which the store is located and may retain the remaining 40% of the carryout bag fee revenues. A municipality or county may use its portion of the carryout bag fee revenues to pay for its administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities.The carryout bag fee does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program.The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted.The act also authorizes a local government to enforce against a violation of the act and expressly authorizes a county to impose a civil penalty against a store or retail food establishment of up to $500 for a second violation or up to $1,000 for a third or subsequent violation; except that a local government cannot enforce a violation committed by a retail food establishment located within a school.On and after July 1, 2024, a local government may enact, implement, or enforce an ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than the requirements set forth in the act.The act does not apply to materials used in the packaging of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements.(Note: This summary applies to this bill as enacted.)

• Alex Valdez Democratic · primary
• Lisa Cutter Democratic · primary
• Julie Gonzales Democratic · primary
• Leroy Garcia · primary

1. Jul 6, 2021 Governor Signed · executive
2. Jun 22, 2021 Sent to the Governor · executive
3. Jun 22, 2021 Signed by the Speaker of the House · lower
4. Jun 22, 2021 Signed by the President of the Senate · upper
5. Jun 8, 2021 House Considered Senate Amendments - Result was to Concur - Repass · lower
6. Jun 3, 2021 House Considered Senate Amendments - Result was to Laid Over Daily · lower
7. Jun 2, 2021 Senate Third Reading Passed - No Amendments · upper
8. Jun 1, 2021 Senate Second Reading Passed with Amendments - Committee, Floor · upper
9. May 28, 2021 Senate Second Reading Special Order - Laid Over Daily - No Amendments · upper
10. May 28, 2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole · upper
11. May 25, 2021 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Appropriations · upper
12. May 10, 2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs · upper
13. May 5, 2021 House Third Reading Passed - No Amendments · lower
14. May 4, 2021 House Second Reading Special Order - Passed with Amendments - Committee · lower
15. May 4, 2021 House Committee on Appropriations Refer Amended to House Committee of the Whole · lower
16. Mar 29, 2021 House Committee on Finance Refer Amended to Appropriations · lower
17. Mar 11, 2021 House Committee on Energy & Environment Refer Amended to Finance · lower
18. Mar 3, 2021 Introduced In House - Assigned to Energy & Environment + Finance · lower

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Signed Act (07/06/2021) · PDF
• Final Act (06/22/2021) · PDF
• Rerevised (06/02/2021) · PDF
• Revised (06/01/2021) · PDF
• Reengrossed (05/05/2021) · PDF
• Engrossed (05/04/2021) · PDF
• Introduced (03/03/2021) · PDF
• PA5 (05/28/2021) · PDF
• PA4 (05/26/2021) · PDF
• PA3 (05/04/2021) · PDF
• PA2 (03/31/2021) · PDF
• PA1 (03/12/2021) · PDF
• Committee Amendment · PDF