Aspen Daily News,
September 30, 2019-
The Colorado state senator whose district includes Aspen said she is considering carrying a bill during next year’s legislative session that would amend a state law preventing local governments from enacting plastic bans. State Sen. Kerry Donovan, D-Vail, said she has heard from some of her constituents this fall that they would like the ability to enact plastic bans as a measure of environmental protection. But a section of state law added in 1993 dealing with waste diversion and recycling says that “no unit of local government shall require or prohibit the use or sale of specific types of plastic materials or products or restrict or mandate containers, packaging, or labeling for any consumer products.” (See Colorado revised statute 25-17-104 on local government preemption.)
The 24-year-old law did not stop Aspen City Council in 2011 from banning single-use plastic bags from local grocery stores and implementing a fee for paper bags. Aspen was the second community in the state to enact such a law, following Telluride’s lead. Eleven other towns, including Carbondale, Avon, Crested Butte and Boulder, have since passed plastic bag bans.