On March 30, 2026, the governor of Colorado signed into law Senate Bill 16 (“Bill”), also known as the “Plastic Pellet-Free Waters Act” (“Act”). The Bill prohibits facilities from discharging plastic pellets or preproduction plastic materials into state waters. Plastic pellets are found in items we use every day, including computers, kitchenware, and even toys. The Bill applies to facilities that make, use, package, or transport plastic pellets or other preproduction plastic materials in the state. Notably, a facility does not include domestic wastewater treatment works.
The Bill specifically prohibits the Colorado Department of Public Health and Environment from issuing permits for the discharge of plastic pellets and preproduction plastic materials into state waters. It also prohibits the discharge of these materials through land application.
Proponents of the Bill believe it will address the harm caused by plastic feedstock materials to aquatic life and communities near industrial and transportation areas. In particular, a 2023 study by the Colorado Research & Policy Center found notable levels of microplastics in 100% of the Colorado waterways it studied.
On the other hand, opponents of the Bill argue that it could discourage plastic manufacturers from relocating to or expanding in Colorado. Notably, the Bill prohibits the discharge of these pellets or other preproduction plastic materials into landfills that do not have a state or federal permit authorizing hazardous waste disposal. As a result, immediately after signing the Bill, the governor issued a letter urging Colorado’s legislature to pass another bill this session to amend the new law to allow plastic pellets or other preproduction plastic materials to be disposed of in solid-waste landfills. However, with a month and a half remaining in the session, it remains unclear whether sponsors of the Bill plan to make these revisions.
The Bill will go into effect on August 12, 2027, and will apply only to conduct occurring on or after the Act’s effective date.