Committee approves technical fix to SB16 to keep pre‑production plastics in solid‑waste landfills

The House Energy and Environment Committee voted unanimously to advance Senate Bill 171, a narrowly drawn bill that corrects a drafting error in Senate Bill 16 and allows pre‑production plastic materials to be disposed of at solid‑waste landfills rather than being treated as hazardous waste.

Representative Smith, one of the bill’s sponsors, told the committee the change fixes a technical defect discovered by the Colorado Department of Public Health and Environment (CDPHE) after SB16 passed both chambers but before it was signed. "We are here today to fix that," Smith said, describing the measure as "a very small fix." Representative Lukens, co‑prime sponsor, said SB16 had unintentionally referenced hazardous‑waste permit statutes and that SB171 replaces that reference so disposal may occur at solid‑waste landfills, preserving the prior practice and avoiding imposing hazardous‑waste disposal costs on manufacturers and recyclers.

David Snapp, who identified himself as manager of the Solid Waste Materials Management Program at CDPHE, testified in strong support. He said SB16, as drafted, would have required facilities that generate pre‑production plastic materials to send them to the state’s single commercial hazardous‑waste landfill, creating “a large financial burden on plastic processors and is inconsistent with Colorado solid‑waste laws and regulations.” He said SB171 aligns statutory language with current regulation and practice and will prevent increased costs for plastics recyclers and manufacturers.

With no amendments offered, Representative Smith moved the bill to the committee of the whole and the clerk polled members by name. Representative Brown, who said she had voted against the earlier measure, told the committee she would support this technical correction. The motion passed on a roll call recorded as unanimous (13 to 0).

The committee’s action corrects statutory language that CDPHE said made the earlier law inoperable for entities trying to comply. The bill’s sponsors and CDPHE framed SB171 as preserving existing disposal pathways for pre‑production plastics while preventing potential unintended costs to industry.