What Municipalities Can Do to Prepare for Phase 2 of the Plastic Pollution Reduction Act
The Plastic Pollution Reduction Act (House Bill 21-1162) was passed in 2021 to reduce the generation of some of the most polluting and toxic plastics. Phase 1 of implementation of the PPRA, effective January 2023, required large Colorado retailers to charge a minimum $0.10 fee on each plastic or paper checkout bag.
Phase 2 of implementation, effective January 1, 2024, has three components:
- Large Colorado retailers are prohibited from distributing plastic checkout bags. Retailers are allowed to use up remaining inventory of plastic checkout bags after January 1, 2024, until supplies are depleted, or until June 1, 2024. Retailers must charge the $0.10 fee on any plastic bags distributed through June.
- Large Colorado retailers are required to keep charging a minimum $0.10 fee per paper checkout bag.
- Retail food establishments are prohibited from distributing polystyrene foam (commonly referred to as Styrofoam®) food and beverage containers. However, retail food establishments may continue to use up any remaining inventory of polystyrene food and beverage containers they possess after January 1, 2024. New polystyrene food and beverage containers should not be purchased after January 1, 2024.
How Municipalities Can Help Retailers, Food Establishments, and the Community Prepare for Change
The Plastic Pollution Reduction Act gives municipalities (or counties) the primary role of implementing the policy, educating the public, collecting fees from businesses, and spending the fees collected. The first step a municipality can take is to understand which retailers and food establishments must abide by the PPRA policies, and which are exempt.
Determining Who Is Required to Comply with the Changes
Read on to learn which businesses in your jurisdiction are required to comply with the statewide plastic checkout bag ban (and $0.10 paper checkout bag fee), and the polystyrene food and beverage container ban
Retailers Required to Comply with the Plastic Bag Ban
According to Colorado law, the plastic checkout bag ban and the $0.10 paper checkout bag fee required as of January 1, 2024, only applies to large retailers and grocery stores. See chart below to determine what is considered a “large” retail or grocery store.
- Use the criteria in this 2024 Plastic Bag Ban chart to determine which retailers in your jurisdiction must comply.
Food Establishments Required to Comply with the Polystyrene Foam Ban
According to Colorado law, the polystyrene food and beverage container BAN applies to ALL retail food establishments, including all restaurants, fast food establishments, schools, and prisons.
- Use the criteria in this 2024 Polystyrene Ban chart to determine which retail food establishments in your jurisdiction must comply.
Note that some businesses may be both a nonexempt retailer AND a nonexempt food establishment. For example, a nonexempt grocery store with a deli counter that serves ready-to-eat food will be prohibited from distributing plastic checkout bags AND polystyrene food and beverage containers. Likewise, a nonexempt chain convenience store that serves beverages will also be prohibited from distributing plastic checkout bags and polystyrene cups.
If all retailers and food establishments in your jurisdiction are EXEMPT, you do not need to take further action.
Toolkits to Help Municipalities Support Nonexempt Retailers & Food Establishments in Compliance with Phase 2 of the PPRA
We have created two different step-by-step guides to help municipalities engage retailers and food establishments in your jurisdiction—one for the plastic bag ban and continued fee for paper bags, and one for the ban on polystyrene foam.
1) Plastic Bag Ban Toolkit for Municipalities (applicable to nonexempt retailers)
A step-by-step guide with resources to help you alert and support large Colorado retailers in your jurisdiction about the plastic checkout bag ban (and the continuance of the $0.10 paper bag fee).
2) Polystyrene Ban Toolkit for Municipalities (applicable to nonexempt food establishments)
A step-by-step guide with resources to help you alert and support retail food establishments in your jurisdiction about the polystyrene foam food containers and cups ban.
