SB 26-192

Senate Bill 26-192, also known as the Producer Responsibility Dues Appeals Process, establishes a system where companies that produce products with packaging materials and paper can challenge the recycling fees they are charged through an appeals process. This bill allows these producers to request a hearing if they disagree with their assigned dues, which will be reviewed by an advisory board before being finalized by the Department of Public Health and Environment. The bill is now signed into law, meaning that companies affected by this program can start using the new appeals process to contest their recycling fees.

Official Summary

The producer responsibility program for statewide recycling (program) provides recycling services to covered entities in the state and is financed through annual dues assessed against producers of products that use packaging materials and paper products (producers).     The bill reaffirms the authority of the solid and hazardous waste commission in the department of public health and environment (department) to direct an appeals process whereby producers may contest the program dues assessed against them by requesting a hearing before the producer responsibility program for statewide recycling advisory board (advisory board). If a producer requests a hearing before the advisory board, the advisory board is required to hold the hearing and issue written recommendations to the department as to whether the dues assessed against the producer should be adjusted. The department is required to make a determination whether to approve or reject the advisory board's recommendations regarding the assessed dues within 45 days after receiving the advisory board's recommendations on the matter. The department's determination is a final agency action subject to judicial review.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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