Senate Committee of Reference Report

Committee on Appropriations

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April 25, 2025

After consideration on the merits, the Committee recommends the following:

SB25-163     be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:

Page 1, Line 1Amend the Health and Human Services Committee Report, dated

Page 1, Line 2February 26, 2025, page 1, after line 13 insert:

Page 1, Line 3"Page 12 of the printed bill, line 2, strike "2026:" and substitute "2027:".

Page 1, Line 4Page 14 of the bill, line 1, strike "2026," and substitute "2027,".".

Page 1, Line 5Page 2 of the report, strike line 4 and substitute "2028,".".

Page 1, Line 6Page 2 of the report, after line 9 insert:

Page 1, Line 7"Page 27 of the bill, line 9, strike "October 1, 2027." and substitute

Page 1, Line 8"March 1, 2028.".".

Page 1, Line 9Page 2 of the report, strike lines 12 and 13 and substitute:

Page 1, Line 10"Page 33 of the printed bill, strike lines 17 through 27 and substitute

Page 1, Line 11"responsibilities of the executive director. (1) (a)  In addition to the

Page 1, Line 12annual fee described in subsection (1)(b) of this section, a

Page 1, Line 13battery stewardship organization shall pay a one-time plan

Page 1, Line 14review fee, in the amount of fifty thousand dollars, at the time

Page 1, Line 15the battery stewardship organization submits a plan to the

Page 1, Line 16executive director for approval. If the executive director

Page 1, Line 17approves the plan, the battery stewardship organization shall

Page 1, Line 18pay an additional administrative fee of thirty thousand dollars

Page 1, Line 19within three months after the plan is approved. There is no fee

Page 1, Line 20when a battery stewardship organization seeks to renew a plan

Page 1, Line 21that was previously approved by the executive director or

Page 2, Line 1submits a plan amendment.

Page 2, Line 2(b)  Within twelve months after a plan is approved, and on

Page 2, Line 3or before each July 1 thereafter, a battery stewardship

Page 2, Line 4organization shall pay to the department an annual fee to

Page 2, Line 5cover the department's cost of implementing, administering, and

Page 2, Line 6enforcing this part 10. The state treasurer shall credit the

Page 2, Line 7annual fees to the fund, and the department shall use the fees

Page 2, Line 8for costs associated with the administration of this part 10. The

Page 2, Line 9amount of the first annual fee is eighty thousand dollars. For

Page 2, Line 10each annual fee thereafter, the commission shall establish the

Page 2, Line 11fee amount by rule.".

Page 2, Line 12Page 34 of the bill, strike lines 1 through 8.

Page 2, Line 13Page 34 of the bill, strike lines 17 through 27 and substitute "fund to the

Page 2, Line 14fund. Money not expended at the end of a state fiscal year

Page 2, Line 15remains in the fund and does not revert to the general fund or

Page 2, Line 16any other fund.

Page 2, Line 17(d)  The department shall use funds collected pursuant to

Page 2, Line 18this section to provide direct services to battery stewardship

Page 2, Line 19organizations with an approved plan to ensure effective

Page 2, Line 20program oversight, compliance support, and public engagement.

Page 2, Line 21Such services include:

Page 2, Line 22(I)  Reviewing, approving, and providing feedback on

Page 2, Line 23battery stewardship plans and plan amendments to ensure

Page 2, Line 24compliance with state law and to help organizations meet

Page 2, Line 25performance goals efficiently;

Page 2, Line 26(II)  Conducting compliance audits, reviewing annual

Page 2, Line 27reports submitted pursuant to section 25-17-1011 within ninety

Page 2, Line 28days after submission, and offering applicable technical

Page 2, Line 29recommendations to improve program effectiveness and

Page 2, Line 30transparency;

Page 2, Line 31(III)  Providing, upon request, a list of approved battery

Page 2, Line 32stewardship organizations, participating producers, and

Page 2, Line 33compliant retailers to increase consumer awareness and

Page 2, Line 34promote participation in a battery stewardship program;

Page 2, Line 35(IV)  Offering technical assistance, including regulatory

Page 2, Line 36guidance, best practices for collection site operations, and

Page 2, Line 37support for retailers and producers navigating compliance

Page 2, Line 38requirements;

Page 2, Line 39(V)  Collaborating with approved battery stewardship

Page 2, Line 40organizations to address operational challenges, facilitate

Page 2, Line 41coordination between producers, recyclers, and local

Page 3, Line 1governments, and ensure continuous program improvement; and

Page 3, Line 2(VI)  Enforcing this part 10 pursuant to section 25-17-1015,

Page 3, Line 3ensuring fair enforcement among participants, and protecting

Page 3, Line 4the integrity of battery stewardship programs.".

Page 3, Line 5Page 35 of the bill, strike lines 1 through 9.".

Page 3, Line 6Page 2 of the report, after line 23 insert:

Page 3, Line 7"Page 36 of the bill, line 4, strike "2029," and substitute "2030,".".

Page 3, Line 8Page 2 of the report, after line 26 insert:

Page 3, Line 9"Page 36 of the bill, line 13, strike "2029:" and substitute "2030:".".

Page 3, Line 10Page 3 of the report, after line 10 insert:

Page 3, Line 11"Strike "2028," and substitute "2029," on: Page 12, line 13; Page 16, line

Page 3, Line 1217; Page 23, line 21; and Page 29, line 25.

Page 3, Line 13Strike "2027," and substitute "2028," on: Page 23, line 9; Page 33, line

Page 3, Line 1427; and Page 35, line 13.".

Page 3, Line 15Page 12 of the bill, line 20, strike "website made available" and

Page 3, Line 16substitute "list provided".

Page 3, Line 17Page 12 of the bill, line 21, strike "lists," and substitute "includes,".