Concerning prohibiting the discharge of preproduction plastic materials.
SB26-016, the “Plastic Pellet-Free Waters Act,” prohibits the discharge of preproduction plastic materials—such as plastic pellets, flakes, fibers, powders, and powdered coloring for plastics—into Colorado state waters, wastewater, stormwater runoff, other runoff, or by land application. The bill applies to facilities and other persons in Colorado that make, use, package, handle, or transport these materials, and it expressly excludes treatment works as defined under federal law. It also defines these materials to include both virgin and recycled/post-consumer plastic sources before they are incorporated into finished plastic products.
The bill creates a new statutory framework in the Colorado Water Quality Control Act and the solid waste/land application provisions to bar these discharges and to prevent the state from issuing permits for discharges of plastic pellets or other preproduction plastic materials into state waters. It also amends the criminal pollution statute so that violating the new prohibition can be treated as criminal pollution when the conduct otherwise meets the statute’s mens rea and enforcement conditions. The act takes effect August 12, 2027, unless referred to voters and approved, and it applies only to conduct occurring on or after the effective date.
The bill adds a new part to title 25, article 8 of the Colorado Revised Statutes, creating the “Plastic Pellet-Free Waters Act,” and it also adds a parallel prohibition in title 25, article 15 governing land application. It restricts both direct and indirect releases of preproduction plastic materials and removes permitting authority for such discharges into state waters. By tying violations to the criminal pollution statute, the bill strengthens enforcement options against facilities that release these materials in violation of the new law.
The available record suggests broad support for the bill’s environmental purpose, and it ultimately passed and was signed by the governor. The legislative declaration frames the measure as a response to plastic pollution, harm to aquatic life, and disproportionate impacts on communities near industrial and transportation corridors. No committee transcript or recorded vote details were provided, so the specific level of debate is not available, but the enacted status indicates the bill advanced successfully through the process.
The main policy issue appears to be whether Colorado should impose an outright prohibition on discharges of plastic pellets and related raw plastic materials, rather than relying on existing permitting and pollution-control mechanisms. The bill’s broad reach to facilities that make, use, package, or transport these materials could raise compliance concerns for manufacturers, processors, shippers, and waste-handling operations. The exclusion of treatment works and the explicit permit restrictions suggest the legislature sought to avoid overlap with wastewater treatment systems while still imposing a strong statewide ban.