Senate Committee of Reference Report
Committee on Appropriations
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April 30, 2026
After consideration on the merits, the Committee recommends the following:
SB26-003 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Strike the Transportation and Energy Committee Report, dated February
Page 1, Line 225, 2026, and substitute:
Page 1, Line 3"Amend printed bill, strike everything below the enacting clause and
Page 1, Line 4substitute:
Page 1, Line 6"SECTION 1. Short title. The short title of this act is the
Page 1, Line 7"Promoting Responsible End-of-Life Management of Electric Vehicle
Page 1, Line 8Batteries Act".
Page 1, Line 9SECTION 2. In Colorado Revised Statutes, 25-17-1002, amend
Page 1, Line 10(2); and add (1.5) as follows:
Page 1, Line 1125-17-1002. Legislative declaration.
Page 1, Line 12(1.5) The general assembly further finds that:
Page 1, Line 13(a) Electric vehicles are crucial tools for reducing
Page 1, Line 14greenhouse gas emissions, which the state is striving to eliminate
Page 1, Line 15by 2050. Electric vehicles are also vital to reducing local air
Page 1, Line 16pollution in areas of the state, such as the Denver metro and
Page 1, Line 17north front range areas, that the federal environmental
Page 1, Line 18protection agency has designated as being in nonattainment
Page 1, Line 19with a national ambient air quality standard. To achieve
Page 1, Line 20emission reductions needed to meet state-mandated climate
Page 1, Line 21goals and federally required ozone levels, many more electric
Page 1, Line 22vehicles will need to be deployed in Colorado.
Page 1, Line 23(b) As electric vehicle sales in the state continue to grow,
Page 1, Line 24substantially more electric vehicles will be retired in the
Page 1, Line 25coming years, and their batteries, known as propulsion
Page 1, Line 26batteries, will need responsible end-of-life management;
Page 1, Line 27(c) Propulsion batteries often retain value even after
Page 2, Line 1they cease to power the original vehicles into which they were
Page 2, Line 2placed and can be reused, remanufactured, repurposed, or
Page 2, Line 3recycled. Extending the useful lifespan of propulsion batteries
Page 2, Line 4improves the sustainability profile of the electric vehicle
Page 2, Line 5industry and creates local economic opportunities.
Page 2, Line 6(d) Multiple analyses have established that expensive and
Page 2, Line 7hazardous risks result from the improper handling, storage, and
Page 2, Line 8disposal of propulsion batteries; and
Page 2, Line 9(e) Unwanted propulsion batteries that are stored
Page 2, Line 10improperly instead of being sorted for reuse, remanufacturing,
Page 2, Line 11repurposing, or ultimate recycling and recovery of valuable
Page 2, Line 12materials could potentially reduce the environmental benefits
Page 2, Line 13of a robust circular economy for propulsion batteries while
Page 2, Line 14also increasing the risk of battery fires. A robust extended
Page 2, Line 15provider responsibility policy is needed to enable a propulsion
Page 2, Line 16battery circular economy.
Page 2, Line 17(2) The general assembly therefore declares that it is in the public
Page 2, Line 18interest of Colorado to:
Page 2, Line 19(a) Require producers of batteries and providers of propulsion
Page 2, Line 20batteries to finance and implement a coordinated, state-approved
Page 2, Line 21system that increases access to the safe disposal and responsible
Page 2, Line 22end-of-life management of batteries in Colorado;
Page 2, Line 23(b) Reduce the inherent risk of fire that can occur when
Page 2, Line 24propulsion batteries are improperly disposed of; and
Page 2, Line 25(c) Encourage the reuse, remanufacturing, and
Page 2, Line 26repurposing of propulsion batteries and the ultimate recycling
Page 2, Line 27and recovery of the valuable materials in a propulsion battery
Page 2, Line 28that can be put back into the supply chain.
Page 2, Line 29SECTION 3. In Colorado Revised Statutes, 25-17-1003, amend
Page 2, Line 30(8)(b)(VI); and add (1.5), (2.5), (8.5), (10.5), (12.5), (13.5), (19.5), (23.3),
Page 2, Line 31(23.5), (23.7), (23.9), (24.5), (26.3), (26.5), (26.7), (26.8), (26.9), (27.1),
Page 2, Line 32(27.2), (27.3), (27.4), (27.5), (27.6), and (30.5) as follows:
Page 2, Line 3325-17-1003. Definitions - rules.
Page 2, Line 34As used in this part 10, unless the context otherwise requires:
Page 2, Line 35(1.5) "Battery" means a device consisting of one or more
Page 2, Line 36electrically connected electrochemical cells, which device is
Page 2, Line 37designed to receive, store, and deliver electric energy.
Page 2, Line 38(2.5) "Battery management hierarchy" means the process
Page 2, Line 39of secondary handlers, remanufacturers, repurposers, and
Page 2, Line 40propulsion battery providers first striving to reuse, repurpose,
Page 2, Line 41or remanufacture propulsion batteries, when doing so is possible
Page 2, Line 42and cost-effective, before propulsion battery recycling.
Page 2, Line 43(8) (b) "Covered battery" does not include:
Page 3, Line 1(VI) A battery, including a propulsion battery, assembled by
Page 3, Line 2or for a vehicle manufacturer, or franchised dealer, that is designed to
Page 3, Line 3power a motor vehicle, a part of a motor vehicle, or a component part of
Page 3, Line 4a motor vehicle, including a replacement part for use in a motor vehicle.
Page 3, Line 5(8.5) "Critical minerals" means minerals designated as
Page 3, Line 6critical minerals by the United States secretary of the interior,
Page 3, Line 7acting through the director of the United States geological
Page 3, Line 8survey, pursuant to 30 U.S.C. sec. 1606 (c).
Page 3, Line 9(10.5) (a) "Dispositioning" or "dispositioned" means
Page 3, Line 10evaluating a propulsion battery to determine the most suitable
Page 3, Line 11battery management option based on metrics such as the
Page 3, Line 12chemistry, condition, format, and location of the propulsion
Page 3, Line 13battery.
Page 3, Line 14(b) "Dispositioning" or "dispositioned" may include
Page 3, Line 15evaluating a propulsion battery for secondary use by a
Page 3, Line 16repurposer or a propulsion battery recycler.
Page 3, Line 17(12.5) "Education and outreach plan" means a plan
Page 3, Line 18submitted by a propulsion battery provider or group of
Page 3, Line 19propulsion battery providers to the executive director pursuant
Page 3, Line 20to section 25-17-1019 (2).
Page 3, Line 21(13.5) "End of life" means:
Page 3, Line 22(a) The stage when a covered battery is no longer
Page 3, Line 23suitable for use as a battery and must be recycled; or
Page 3, Line 24(b) The stage when a propulsion battery is no longer
Page 3, Line 25suitable for use as a propulsion battery or for repurposing and
Page 3, Line 26is directed for propulsion battery recycling.
Page 3, Line 27(19.5) "Orphaned battery" means:
Page 3, Line 28(a) A propulsion battery that has an unidentifiable
Page 3, Line 29propulsion battery provider or remanufacturer or a propulsion
Page 3, Line 30battery provider or remanufacturer that no longer exists; or
Page 3, Line 31(b) An unwanted propulsion battery that has not been
Page 3, Line 32collected or managed in accordance with the battery
Page 3, Line 33management hierarchy.
Page 3, Line 34(23.3) "Propulsion battery" means a battery that is
Page 3, Line 35primarily used to supply power to propel a battery electric
Page 3, Line 36motor vehicle, as defined in section 43-4-1202 (1.5), a plug-in
Page 3, Line 37hybrid electric motor vehicle, as defined in section 43-4-1202
Page 3, Line 38(14), or a hybrid vehicle, as defined in section 42-4-1012
Page 3, Line 39(2.5)(a)(III).
Page 3, Line 40(23.5) (a) "Propulsion battery provider" means:
Page 3, Line 41(I) A person that first sells, offers for sale, or distributes
Page 3, Line 42a propulsion battery or a vehicle containing a propulsion
Page 3, Line 43battery in or into the state, including vehicle manufacturers
Page 4, Line 1licensed pursuant to applicable state laws or propulsion
Page 4, Line 2battery manufacturers that distribute propulsion batteries
Page 4, Line 3under their own name or brand;
Page 4, Line 4(II) If there is not a person that subsection (23.5)(a)(I) of
Page 4, Line 5this section applies to, the owner or licensee of the brand or
Page 4, Line 6trademark under which the propulsion battery is sold, offered
Page 4, Line 7for sale, or distributed in or into the state. This includes an
Page 4, Line 8exclusive licensee with the exclusive right to use the brand or
Page 4, Line 9trademark in connection with the distribution or sale of
Page 4, Line 10propulsion batteries.
Page 4, Line 11(III) If there is not a person that subsection (23.5)(a)(I) or
Page 4, Line 12(23.5)(a)(II) of this section applies to, the person that imports the
Page 4, Line 13propulsion battery into the state for sale, distribution, or
Page 4, Line 14installation.
Page 4, Line 15(b) "Propulsion battery provider" does not include:
Page 4, Line 16(I) A dealer of a vehicle containing a propulsion battery;
Page 4, Line 17(II) A secondary handler that sells, offers for sale,
Page 4, Line 18registers, or distributes a vehicle containing a propulsion
Page 4, Line 19battery in or into the state; or
Page 4, Line 20(III) A person that sells a used vehicle in or into the state.
Page 4, Line 21(c) For the purposes of this subsection (23.5), the sale of a
Page 4, Line 22propulsion battery occurs in the state if the propulsion battery,
Page 4, Line 23or the vehicle containing the propulsion battery, is delivered to
Page 4, Line 24a licensed dealer or directly to a consumer in the state.
Page 4, Line 25(23.7) (a) "Propulsion battery recycler" means an entity
Page 4, Line 26or facility that:
Page 4, Line 27(I) Operates in accordance with all required permits and
Page 4, Line 28regulatory exclusions in all applicable federal, state, and
Page 4, Line 29local laws;
Page 4, Line 30(II) Conducts propulsion battery recycling; and
Page 4, Line 31(III) Performs at least one of the following activities:
Page 4, Line 32(A) Extracts and separates materials from end-of-life
Page 4, Line 33propulsion batteries, including metals, compounds, or
Page 4, Line 34intermediate fractions, and directs these materials to one or
Page 4, Line 35more additional propulsion battery recyclers for further
Page 4, Line 36processing or refining; or
Page 4, Line 37(B) Refines end-of-life propulsion batteries or propulsion
Page 4, Line 38battery materials, such as aluminum, cobalt, copper, graphite,
Page 4, Line 39iron, lithium compounds, manganese, and nickel, back to useable
Page 4, Line 40materials suitable for reintroduction into battery,
Page 4, Line 41manufacturing, or other industrial supply chains.
Page 4, Line 42(b) "Propulsion battery recycler" does not include an
Page 4, Line 43entity or facility that only engages in the collection or
Page 5, Line 1transportation of, or the logistics of moving, propulsion
Page 5, Line 2batteries or propulsion battery materials during the recycling
Page 5, Line 3process.
Page 5, Line 4(23.9) (a) "Propulsion battery recycling" means the
Page 5, Line 5recovery of critical minerals that are present in the propulsion
Page 5, Line 6battery feedstock, using one or more propulsion battery
Page 5, Line 7recyclers.
Page 5, Line 8(b) (I) "Propulsion battery recycling" does not include
Page 5, Line 9disposal or sham recycling under the federal "Resource
Page 5, Line 10Conservation and Recovery Act of 1976", 42 U.S.C. sec. 6901 et
Page 5, Line 11seq., or other applicable federal law.
Page 5, Line 12(II) For the purposes of this subsection (23.9)(b), sham
Page 5, Line 13recycling and legitimate recycling are determined in
Page 5, Line 14accordance with the legitimacy criteria set forth in 40 CFR
Page 5, Line 15260.43.
Page 5, Line 16(24.5) (a) "Recovery" means the extraction, separation, or
Page 5, Line 17regeneration of critical minerals or cathode materials in their
Page 5, Line 18elemental, compound, or intermediate form, such as refined
Page 5, Line 19metals, salts, oxides, hydroxides, or regenerated cathode
Page 5, Line 20materials, or other commercially usable forms.
Page 5, Line 21(b) "Recovery" does not include lithium recovered as slag
Page 5, Line 22and used as concrete additives.
Page 5, Line 23(26.3) "Remanufacture" means a standardized industrial
Page 5, Line 24process through which battery cores are returned to
Page 5, Line 25same-as-new or better condition and performance, which process
Page 5, Line 26is in line with specific technical specifications including
Page 5, Line 27engineering, quality, and testing standards.
Page 5, Line 28(26.5) "Remanufacturer" means a person that
Page 5, Line 29remanufactures a propulsion battery.
Page 5, Line 30(26.7) "Repurpose" means the process of modifying a
Page 5, Line 31propulsion battery or propulsion battery pack, module, or cell
Page 5, Line 32to store and supply electricity in a manner other than the
Page 5, Line 33original intended purpose of the propulsion battery.
Page 5, Line 34(26.8) "Repurposer" means a person that uses a propulsion
Page 5, Line 35battery to fulfill a different use than the use for which the
Page 5, Line 36propulsion battery was originally designed.
Page 5, Line 37(26.9) "Responsible propulsion battery management"
Page 5, Line 38means ensuring a propulsion battery is dispositioned and
Page 5, Line 39managed pursuant to the battery management hierarchy, while
Page 5, Line 40also ensuring that any propulsion battery no longer suitable
Page 5, Line 41for use in a vehicle is ultimately directed to either a repurposer
Page 5, Line 42or a propulsion battery recycler.
Page 6, Line 1(27.1) "Reuse" means the use of a propulsion battery in a
Page 6, Line 2vehicle other than the original vehicle into which the
Page 6, Line 3propulsion battery was placed.
Page 6, Line 4(27.2) (a) "Secondary handler" means a commercial entity
Page 6, Line 5other than the propulsion battery provider that takes
Page 6, Line 6possession of a propulsion battery or removes a propulsion
Page 6, Line 7battery from a vehicle for the purpose of selling, dispositioning,
Page 6, Line 8repairing, reusing, or recycling the propulsion battery with a
Page 6, Line 9propulsion battery recycler.
Page 6, Line 10(b) "Secondary handler" includes a solid waste disposal
Page 6, Line 11site and facility.
Page 6, Line 12(27.3) "Solid waste collector" means a person that
Page 6, Line 13operates collection routes for the removal of solid waste from
Page 6, Line 14residential, multiresidential, commercial, or industrial
Page 6, Line 15premises.
Page 6, Line 16(27.4) "Solid waste disposal site and facility" has the same
Page 6, Line 17meaning as "solid wastes disposal site and facility" as defined in
Page 6, Line 18section 30-20-101 (8).
Page 6, Line 19(27.5) "State of charge" means the measure of a propulsion
Page 6, Line 20battery's remaining capacity, expressed as a percentage of its
Page 6, Line 21total capacity.
Page 6, Line 22(27.6) "State of health" means a calculated parameter
Page 6, Line 23that correlates to usable propulsion battery energy for the
Page 6, Line 24certified range value and is normalized from zero to one
Page 6, Line 25hundred percent.
Page 6, Line 26(30.5) (a) "Unwanted propulsion battery" means a
Page 6, Line 27propulsion battery that is no longer wanted by the owner.
Page 6, Line 28(b) "Unwanted propulsion battery" includes a propulsion
Page 6, Line 29battery that has been damaged, including in a thermal runaway
Page 6, Line 30incident.
Page 6, Line 31SECTION 4. In Colorado Revised Statutes, 25-17-1012, amend
Page 6, Line 32(2)(b); and add (3) as follows:
Page 6, Line 3325-17-1012. Annual fee - battery stewardship fund -
Page 6, Line 34responsibilities of the executive director - rules.
Page 6, Line 35(2) (b) The fund consists of fees paid to the department pursuant
Page 6, Line 36to subsection (1) subsections (1) and (3) of this section and any other
Page 6, Line 37money that the general assembly may appropriate or transfer to the fund.
Page 6, Line 38(3) (a) (I) In addition to the annual fee described in
Page 6, Line 39subsection (3)(b) of this section, a propulsion battery provider
Page 6, Line 40shall pay a program initiation fee. The program initiation fee
Page 6, Line 41must be split into three payments, and a propulsion battery
Page 6, Line 42provider shall make one of each of the payments on July 1, 2027,
Page 6, Line 43July 1, 2028, and July 1, 2029, respectively. The sum of the
Page 7, Line 1program initiation fees paid by propulsion battery providers in
Page 7, Line 2a given year must offset any general fund allocations by
Page 7, Line 3covering any costs incurred by the department in implementing
Page 7, Line 4section 25-17-1019.
Page 7, Line 5(II) The program initiation fee amount required to be paid
Page 7, Line 6by each propulsion battery provider is based on each propulsion
Page 7, Line 7battery provider's percentage of all propulsion battery
Page 7, Line 8vehicles registered in the state, according to registration data
Page 7, Line 9collected by the division of motor vehicles in the department of
Page 7, Line 10revenue as of April 26, 2026, as follows:
Page 7, Line 11(A) A propulsion battery provider that is responsible for
Page 7, Line 12more than five percent of all propulsion battery vehicles
Page 7, Line 13registered in the state as of April 26, 2026, shall pay a program
Page 7, Line 14initiation fee of twenty-four thousand four hundred dollars,
Page 7, Line 15consisting of a payment of eight thousand three hundred
Page 7, Line 16dollars on July 1, 2027, and two payments of eight thousand
Page 7, Line 17fifty dollars on July 1, 2028, and on July 1, 2029, respectively;
Page 7, Line 18(B) A propulsion battery provider that is responsible for
Page 7, Line 19more than two percent but no more than five percent of all
Page 7, Line 20propulsion battery vehicles registered in the state as of April
Page 7, Line 2126, 2026, shall pay a program initiation fee of fourteen thousand
Page 7, Line 22four hundred dollars, consisting of a payment of five thousand
Page 7, Line 23dollars on July 1, 2027, and two payments of four thousand
Page 7, Line 24seven hundred dollars on July 1, 2028, and on July 1, 2029,
Page 7, Line 25respectively;
Page 7, Line 26(C) A propulsion battery provider that is responsible for
Page 7, Line 27more than one-fifth percent but no more than two percent of all
Page 7, Line 28propulsion battery vehicles registered in the state as of April
Page 7, Line 2926, 2026, shall pay a program initiation fee of four thousand
Page 7, Line 30eight hundred dollars, consisting of a payment of two thousand
Page 7, Line 31dollars on July 1, 2027, and two payments of one thousand four
Page 7, Line 32hundred dollars on July 1, 2028, and on July 1, 2029,
Page 7, Line 33respectively; and
Page 7, Line 34(D) A propulsion battery provider that is responsible for
Page 7, Line 35one-fifth percent or less of all propulsion battery vehicles
Page 7, Line 36registered in the state as of April 26, 2026, is not required to pay
Page 7, Line 37a program initiation fee.
Page 7, Line 38(IV) Any general fund allocations required for the
Page 7, Line 39department to process the program initiation fees shall be
Page 7, Line 40reimbursed to the general fund the following year using the
Page 7, Line 41money gathered from the program initiation fees.
Page 7, Line 42(V) A propulsion battery provider is not required to pay
Page 7, Line 43the program initiation fee when the propulsion battery provider
Page 8, Line 1seeks to update their registration information that they
Page 8, Line 2previously provided to the executive director pursuant to
Page 8, Line 3section 25-17-1019 (1)(a).
Page 8, Line 4(b) (I) On or before July 1, 2030, and on or before each July
Page 8, Line 51 thereafter, a propulsion battery provider shall pay to the
Page 8, Line 6department an annual fee to cover the department's cost of
Page 8, Line 7implementing, administering, and enforcing section 25-17-1019.
Page 8, Line 8The state treasurer shall credit the annual fees to the fund,
Page 8, Line 9and the department shall use the fees for costs associated with
Page 8, Line 10the administration of section 25-17-1019.
Page 8, Line 11(II) On or before July 1, 2029, the commission shall
Page 8, Line 12establish the annual fee amount by rule. The fee amount must be
Page 8, Line 13based on factors such as the propulsion battery provider's
Page 8, Line 14relative market share of propulsion batteries in the state and
Page 8, Line 15the number of unwanted propulsion batteries collected by the
Page 8, Line 16propulsion battery provider. The sum of annual fees paid by
Page 8, Line 17propulsion battery providers that are registered pursuant to
Page 8, Line 18section 25-17-1019 (1)(a) and fees paid by secondary handlers
Page 8, Line 19pursuant to section 25-17-1015 (2)(d) must cover the
Page 8, Line 20department's annual costs of administering section 25-17-1019
Page 8, Line 21starting in 2030 and must not exceed ninety thousand dollars
Page 8, Line 22across all participating entities. A single propulsion battery
Page 8, Line 23provider shall not be required to pay more than ten percent of
Page 8, Line 24the total amount of annual fees.
Page 8, Line 25SECTION 5. In Colorado Revised Statutes, amend 25-17-1015
Page 8, Line 26as follows:
Page 8, Line 2725-17-1015. Enforcement - responsibilities of the department
Page 8, Line 28- study.
Page 8, Line 29(1) For violations related to covered batteries, propulsion
Page 8, Line 30batteries, and the management of universal waste pursuant to this part
Page 8, Line 3110, the enforcement process is conducted pursuant to section 25-15-308
Page 8, Line 32and rules adopted by the commission in accordance with section
Page 8, Line 3325-15-302.
Page 8, Line 34(2) To implement section 25-17-1019, the department shall:
Page 8, Line 35(a) Notify solid waste collectors that the disposal of
Page 8, Line 36propulsion batteries in landfills is prohibited and that
Page 8, Line 37secondary handlers can contact a propulsion battery provider
Page 8, Line 38or remanufacturer to take responsibility for an unwanted
Page 8, Line 39propulsion battery;
Page 8, Line 40(b) Determine how to proceed if the federal government
Page 8, Line 41enacts a law or adopts regulations pertaining to propulsion
Page 8, Line 42batteries that may impact the requirements of section
Page 8, Line 4325-17-1019;
Page 9, Line 1(c) Provide a link on the department's public website to
Page 9, Line 2each propulsion battery provider's website in order to expedite
Page 9, Line 3the collection of unwanted propulsion batteries;
Page 9, Line 4(d) Assess the annual reports submitted pursuant to
Page 9, Line 5section 25-17-1019 (9) to determine whether any secondary
Page 9, Line 6handlers required the collection of ten or more unwanted
Page 9, Line 7propulsion batteries in a given year and, if so, assess a
Page 9, Line 8collection charge of one thousand dollars to be paid to the
Page 9, Line 9department by the secondary handler and credited toward the
Page 9, Line 10annual fee amount to reduce the amount of propulsion battery
Page 9, Line 11provider annual fees;
Page 9, Line 12(e) Assess the annual reports submitted pursuant to
Page 9, Line 13section 25-17-1019 (9) to determine if secondary handlers that
Page 9, Line 14are not yet registered pursuant to section 25-17-1019 (1)
Page 9, Line 15required the collection of an unwanted propulsion battery in
Page 9, Line 16the preceding year, and, if so, the department shall collect
Page 9, Line 17their registration information;
Page 9, Line 18(f) Compile a list of entities registered pursuant to
Page 9, Line 19section 25-17-1019 (1) and make the list available upon request;
Page 9, Line 20and
Page 9, Line 21(g) Conduct an email survey with entities registered
Page 9, Line 22pursuant to section 25-17-1019 (1) and solid waste disposal sites
Page 9, Line 23and facilities to request feedback on the functioning of the
Page 9, Line 24propulsion battery recycling program set forth in section
Page 9, Line 2525-17-1019 to understand their experience, any knowledge of
Page 9, Line 26orphaned batteries, and any recommended program
Page 9, Line 27improvements. Based on the findings of the survey, the
Page 9, Line 28department shall assess the effectiveness of the responsibility
Page 9, Line 29framework outlined in section 25-17-1019 to collect unwanted
Page 9, Line 30propulsion batteries. The department shall include a summary
Page 9, Line 31of the survey findings and the department's assessment with the
Page 9, Line 32aggregated nonproprietary data posted annually on the
Page 9, Line 33department's public website pursuant to subsection (3) of this
Page 9, Line 34section.
Page 9, Line 35(3) The department shall include the aggregated
Page 9, Line 36nonproprietary data collected on propulsion batteries
Page 9, Line 37pursuant to section 25-17-1019 (9) with the data on recycling,
Page 9, Line 38solid waste, and solid waste diversion that is collected and
Page 9, Line 39reported annually by the department to the standing committee
Page 9, Line 40of reference in each house of the general assembly exercising
Page 9, Line 41jurisdiction over matters concerning public health and the
Page 9, Line 42environment pursuant to section 30-20-122 (1) and shall
Page 9, Line 43annually post the data on the department's public website.
Page 10, Line 1(4) Nothing in this part 10 exempts a person from
Page 10, Line 2complying with any other applicable local, state, or federal
Page 10, Line 3laws or regulatory requirements.
Page 10, Line 4SECTION 6. In Colorado Revised Statutes, add 25-17-1019 and
Page 10, Line 525-17-1020 as follows:
Page 10, Line 625-17-1019. Propulsion batteries - propulsion battery
Page 10, Line 7providers - remanufacturers - secondary handlers - public outreach
Page 10, Line 8and education - collection of unwanted propulsion batteries -
Page 10, Line 9reporting requirement - marking and labeling requirements - solid
Page 10, Line 10waste disposal site and facility disposal prohibited.
Page 10, Line 11(1) (a) On or before July 1, 2027, a propulsion battery
Page 10, Line 12provider shall register with the department by:
Page 10, Line 13(I) Providing to the department, through informal digital
Page 10, Line 14correspondence or by submitting a digital form, the propulsion
Page 10, Line 15battery provider's business name, contact information, address,
Page 10, Line 16and business description; and
Page 10, Line 17(II) Informing the department whether the propulsion
Page 10, Line 18battery provider plans to file its education and outreach plan
Page 10, Line 19individually or as part of a group of propulsion battery
Page 10, Line 20providers. A propulsion battery provider intending to file as
Page 10, Line 21part of a group shall provide to the department the names of the
Page 10, Line 22other propulsion battery providers in the group, if feasible. A
Page 10, Line 23propulsion battery provider may participate in a group
Page 10, Line 24education and outreach plan without participating in group
Page 10, Line 25propulsion battery collection activities.
Page 10, Line 26(b) A secondary handler, remanufacturer, or repurposer
Page 10, Line 27may elect to register with the department at any time by
Page 10, Line 28providing, through informal digital correspondence or by
Page 10, Line 29submitting a digital form, the entity's business name, contact
Page 10, Line 30information, address, and business description. A secondary
Page 10, Line 31handler, remanufacturer, or repurposer is not required to pay
Page 10, Line 32the registration fee.
Page 10, Line 33(2) On or before April 1, 2028, a propulsion battery
Page 10, Line 34provider or group of propulsion battery providers shall submit
Page 10, Line 35to the executive director an education and outreach plan. The
Page 10, Line 36education and outreach plan must:
Page 10, Line 37(a) Include a public education and outreach strategy for
Page 10, Line 38secondary handlers that describes:
Page 10, Line 39(I) The solid waste disposal site and facility ban in
Page 10, Line 40subsection (12) of this section;
Page 10, Line 41(II) The requirements for secondary handlers in
Page 10, Line 42subsection (10) of this section;
Page 10, Line 43(III) The process for how a secondary handler can notify
Page 11, Line 1the propulsion battery provider that an unwanted propulsion
Page 11, Line 2battery needs collection; and
Page 11, Line 3(IV) Information about secondary handler registration;
Page 11, Line 4(b) Specify how the propulsion battery provider's contact
Page 11, Line 5information for secondary handlers can be accessed;
Page 11, Line 6(c) Include information that the propulsion battery
Page 11, Line 7provider requires to determine the eligibility of a propulsion
Page 11, Line 8battery that needs collection, including:
Page 11, Line 9(I) Confirmation that the battery is a propulsion battery
Page 11, Line 10that has been removed from a vehicle;
Page 11, Line 11(II) Confirmation that, to the best of the secondary
Page 11, Line 12handler's knowledge, the propulsion battery has not been
Page 11, Line 13modified or taken apart;
Page 11, Line 14(III) Confirmation that the propulsion battery is fully
Page 11, Line 15owned by the secondary handler with no known pending claims
Page 11, Line 16for loss or damages by an insurance provider;
Page 11, Line 17(IV) The make, model, and year of the vehicle from which
Page 11, Line 18the propulsion battery came, if available;
Page 11, Line 19(V) The dimensions and weight of the propulsion battery,
Page 11, Line 20if available;
Page 11, Line 21(VI) A photograph of the propulsion battery and a
Page 11, Line 22photograph of the label on the propulsion battery;
Page 11, Line 23(VII) An assessment as to whether, to the best of the
Page 11, Line 24secondary handler's knowledge, the propulsion battery is
Page 11, Line 25damaged or defective;
Page 11, Line 26(VIII) A copy of the secondary handler's federal
Page 11, Line 27department of transportation hazmat transportation shipping
Page 11, Line 28certification, if available; and
Page 11, Line 29(IX) Secondary handler registration information, if
Page 11, Line 30available; and
Page 11, Line 31(d) Describe how secondary handlers and first responders
Page 11, Line 32can access emergency response guides for electric vehicles.
Page 11, Line 33(3) On and after October 1, 2028, a propulsion battery
Page 11, Line 34provider shall not sell, make available for sale, or distribute
Page 11, Line 35a propulsion battery in or into the state unless the propulsion
Page 11, Line 36battery provider has submitted an education and outreach plan
Page 11, Line 37to the executive director in accordance with subsection (2) of
Page 11, Line 38this section.
Page 11, Line 39(4) A propulsion battery provider shall develop and
Page 11, Line 40maintain one or more websites or equivalent means, available in
Page 11, Line 41both English and Spanish, that include the information in the
Page 11, Line 42propulsion battery provider's education and outreach plan. At
Page 11, Line 43least one website must include the following:
Page 12, Line 1(a) A link to the propulsion battery provider's emergency
Page 12, Line 2response guides for electric vehicles;
Page 12, Line 3(b) The propulsion battery provider's contact information
Page 12, Line 4for secondary handlers; and
Page 12, Line 5(c) Instructions for how secondary handlers can provide
Page 12, Line 6the information described in subsection (2)(a)(III) of this section
Page 12, Line 7for a propulsion battery provider to determine the eligibility of
Page 12, Line 8an unwanted propulsion battery.
Page 12, Line 9(5) A propulsion battery provider shall:
Page 12, Line 10(a) Except as provided in subsection (5)(c) of this section,
Page 12, Line 11upon receiving notification in accordance with the notification
Page 12, Line 12process outlined in subsection (2)(a)(III) of this section that an
Page 12, Line 13unwanted propulsion battery needs collection, retrieve the
Page 12, Line 14battery and ensure responsible propulsion battery management.
Page 12, Line 15The propulsion battery provider shall retrieve an unwanted
Page 12, Line 16propulsion battery:
Page 12, Line 17(I) Within sixty days after receiving notification from a
Page 12, Line 18secondary handler, unless mutually agreeable terms for a
Page 12, Line 19longer collection timeline are made with a secondary handler
Page 12, Line 20or there is an unexpected delay due to circumstances force
Page 12, Line 21majeure; and
Page 12, Line 22(II) Within thirty days after receiving notification from
Page 12, Line 23a solid waste disposal site and facility;
Page 12, Line 24(b) Ensure the responsible propulsion battery
Page 12, Line 25management of all propulsion batteries within the possession of
Page 12, Line 26the propulsion battery provider in accordance with the battery
Page 12, Line 27management hierarchy;
Page 12, Line 28(c) Fully fund the costs of the collection of an unwanted
Page 12, Line 29propulsion battery offered by a secondary handler; except that
Page 12, Line 30a propulsion battery provider is not responsible for the
Page 12, Line 31collection of a propulsion battery that:
Page 12, Line 32(I) Has been remanufactured by a remanufacturer, unless
Page 12, Line 33the remanufacturer is in a contractual relationship with the
Page 12, Line 34propulsion battery provider and the contract provides that the
Page 12, Line 35propulsion battery provider retains responsibility for
Page 12, Line 36responsible propulsion battery management;
Page 12, Line 37(II) Has been repurposed by a repurposer, unless the
Page 12, Line 38repurposer is in a contractual relationship with the propulsion
Page 12, Line 39battery provider and the contract provides that the propulsion
Page 12, Line 40battery provider retains responsibility for responsible
Page 12, Line 41propulsion battery management;
Page 12, Line 42(III) Has been disassembled into modules or cells; or
Page 12, Line 43(IV) Is contained within a vehicle or product that is
Page 13, Line 1directly owned or controlled by an insurance company; and
Page 13, Line 2(d) Provide the state of health of a propulsion battery
Page 13, Line 3embedded in a vehicle through the vehicle's in-vehicle display or
Page 13, Line 4through a nonproprietary on-board diagnostic scan tool, for a
Page 13, Line 5vehicle that is model year 2028 or later. A propulsion battery
Page 13, Line 6provider may, but is not required to, supply state of health
Page 13, Line 7information for a propulsion battery that has been removed
Page 13, Line 8from or is outside of a vehicle.
Page 13, Line 9(6) On and after October 1, 2028, a propulsion battery
Page 13, Line 10provider shall not sell, offer for sale, or distribute in or into
Page 13, Line 11the state a propulsion battery unless the propulsion battery
Page 13, Line 12provider:
Page 13, Line 13(a) (I) Applies a label to the propulsion battery that
Page 13, Line 14includes the name of the propulsion battery provider
Page 13, Line 15responsible for the propulsion battery, its date of manufacture,
Page 13, Line 16and the following:
Page 13, Line 17(A) An identification of the chemistry of the propulsion
Page 13, Line 18battery, including the cathode type and anode type, in
Page 13, Line 19accordance with SAE International J2984 standard, "Chemical
Page 13, Line 20Identification of Transportation Batteries for Recycling";
Page 13, Line 21(B) The rated capacity or energy as measured by SAE
Page 13, Line 22International J2288 standard, "Life Cycle Testing of Electric
Page 13, Line 23Vehicle Battery Modules";
Page 13, Line 24(C) The hazardous substances contained in the propulsion
Page 13, Line 25battery;
Page 13, Line 26(D) Product safety and recall information; and
Page 13, Line 27(E) Safe disposal information.
Page 13, Line 28(II) A propulsion battery provider that applies a label
Page 13, Line 29shall attach the label to the exterior of the propulsion battery
Page 13, Line 30so that the label is visible and accessible when the propulsion
Page 13, Line 31battery is removed from the vehicle in accordance with the
Page 13, Line 32manufacturer's recommended procedures for battery removal.
Page 13, Line 33The label must remain legible, adhered, and functionally intact
Page 13, Line 34under expected environmental and life-cycle conditions within
Page 13, Line 35the vehicle.
Page 13, Line 36(b) (I) To comply with subsection (6)(a)(I) of this section, a
Page 13, Line 37propulsion battery provider may apply a quick response (QR)
Page 13, Line 38code to the propulsion battery that links to a data repository
Page 13, Line 39website.
Page 13, Line 40(II) The data repository website may include information
Page 13, Line 41that covers a period of time representing multiple dates of
Page 13, Line 42manufacture if the rest of the label information required by
Page 13, Line 43this subsection (6) is consistent across the multiple dates of
Page 14, Line 1manufacture and the data repository website entry includes the
Page 14, Line 2applicable range of dates of manufacture.
Page 14, Line 3(7) On and after October 1, 2028, a remanufacturer
Page 14, Line 4selling propulsion batteries in the state:
Page 14, Line 5(a) Shall relabel a propulsion battery to ensure that the
Page 14, Line 6remanufacturer's brand is clearly marked on the label. If the
Page 14, Line 7original label remains, the remanufacturer shall place the new
Page 14, Line 8label adjacent to the original label and clearly identify the
Page 14, Line 9original label as obsolete. If the remanufacturer alters the
Page 14, Line 10propulsion battery's composition or chemistry, the
Page 14, Line 11remanufacturer shall update the label or provide a new data
Page 14, Line 12repository website link or quick response (QR) code to reflect
Page 14, Line 13the new composition.
Page 14, Line 14(b) Shall ensure responsible propulsion battery
Page 14, Line 15management when:
Page 14, Line 16(I) A propulsion battery that the remanufacturer
Page 14, Line 17disassembles or remanufactures is ultimately not sold for use
Page 14, Line 18in a vehicle; and
Page 14, Line 19(II) An unwanted propulsion battery that has been
Page 14, Line 20removed from a vehicle by a secondary handler in the state is
Page 14, Line 21collected by the remanufacturer;
Page 14, Line 22(c) Shall fully fund the costs of the collection of an
Page 14, Line 23unwanted propulsion battery that the remanufacturer has
Page 14, Line 24remanufactured if offered by a secondary handler;
Page 14, Line 25(d) Is not responsible for collecting a remanufactured
Page 14, Line 26propulsion battery if:
Page 14, Line 27(I) The remanufactured propulsion battery has been
Page 14, Line 28repurposed by a repurposer, unless the repurposer is in a
Page 14, Line 29contractual relationship with the remanufacturer and the
Page 14, Line 30contract provides that the remanufacturer retains
Page 14, Line 31responsibility for responsible propulsion battery management;
Page 14, Line 32(II) The remanufactured propulsion battery is contained
Page 14, Line 33within a vehicle or product that is directly owned or
Page 14, Line 34controlled by an insurance company;
Page 14, Line 35(III) The remanufacturer is in a contractual relationship
Page 14, Line 36with the propulsion battery provider and the contract provides
Page 14, Line 37that the propulsion battery provider retains responsibility for
Page 14, Line 38the dispositioning and management of the propulsion battery; or
Page 14, Line 39(IV) The remanufactured propulsion battery has been
Page 14, Line 40disassembled into modules or cells;
Page 14, Line 41(e) Except as provided in subsection (7)(d) of this section,
Page 14, Line 42upon receiving notification that an unwanted propulsion
Page 14, Line 43battery needs collection in accordance with the notification
Page 15, Line 1process outlined in subsection (7)(f) of this section, shall
Page 15, Line 2retrieve the battery:
Page 15, Line 3(I) Within sixty days after receiving notification from a
Page 15, Line 4secondary handler, unless mutually agreeable terms for a
Page 15, Line 5longer collection timeline are made with a secondary handler
Page 15, Line 6or there is an unexpected delay due to circumstances force
Page 15, Line 7majeure; and
Page 15, Line 8(II) Within thirty days after receiving notification from
Page 15, Line 9a solid waste disposal site and facility; and
Page 15, Line 10(f) Shall establish a process for a secondary handler to
Page 15, Line 11notify the remanufacturer that an unwanted propulsion
Page 15, Line 12battery needs collection. The process must include the
Page 15, Line 13following:
Page 15, Line 14(I) An education and outreach program for secondary
Page 15, Line 15handlers;
Page 15, Line 16(II) The remanufacturer's contact information for
Page 15, Line 17secondary handlers; and
Page 15, Line 18(III) Information that the remanufacturer requires to
Page 15, Line 19determine the eligibility of a propulsion battery that needs
Page 15, Line 20collection, including:
Page 15, Line 21(A) Confirmation that the battery is a propulsion battery
Page 15, Line 22that has been removed from a vehicle;
Page 15, Line 23(B) Confirmation that, to the best of the secondary
Page 15, Line 24handler's knowledge, the propulsion battery has not been
Page 15, Line 25modified or taken apart by anyone other than the propulsion
Page 15, Line 26battery provider or remanufacturer;
Page 15, Line 27(C) Confirmation that, to the best of the secondary
Page 15, Line 28handler's knowledge, the propulsion battery is fully owned by
Page 15, Line 29the secondary handler with no known pending claims for loss or
Page 15, Line 30damages by an insurance provider;
Page 15, Line 31(D) The make, model, and year of the vehicle from which
Page 15, Line 32the propulsion battery came, if available;
Page 15, Line 33(E) The dimensions and weight of the propulsion battery,
Page 15, Line 34if available;
Page 15, Line 35(F) A photograph of the propulsion battery and a
Page 15, Line 36photograph of the label on the propulsion battery;
Page 15, Line 37(G) An assessment as to whether, to the best of the
Page 15, Line 38secondary handler's knowledge, the propulsion battery is
Page 15, Line 39damaged or defective;
Page 15, Line 40(H) A copy of the secondary handler's federal department
Page 15, Line 41of transportation hazmat transportation shipping certification,
Page 15, Line 42if available; and
Page 15, Line 43(I) Secondary handler registration information, if
Page 16, Line 1available.
Page 16, Line 2(8) (a) A propulsion battery provider or remanufacturer
Page 16, Line 3shall not recover the costs of compliance with this part 10 by
Page 16, Line 4imposing a fee or other charge on a franchised motor vehicle
Page 16, Line 5dealer.
Page 16, Line 6(b) A propulsion battery provider or remanufacturer may
Page 16, Line 7contract with a third party to manage propulsion batteries to
Page 16, Line 8satisfy the requirements of this section.
Page 16, Line 9(9) (a) On or before July 1, 2030, and on or before each July
Page 16, Line 101 thereafter, a propulsion battery provider and a
Page 16, Line 11remanufacturer shall submit an annual report to the executive
Page 16, Line 12director covering the preceding calendar year of the
Page 16, Line 13responsible propulsion battery management of the propulsion
Page 16, Line 14batteries collected by the propulsion battery provider or
Page 16, Line 15remanufacturer pursuant to this section. The report must
Page 16, Line 16include the following:
Page 16, Line 17(I) Any updates to education and outreach materials for
Page 16, Line 18secondary handlers and how the updates were communicated;
Page 16, Line 19(II) The number of unwanted propulsion batteries that
Page 16, Line 20were offered from a secondary handler and the number of
Page 16, Line 21unwanted propulsion batteries collected, by chemistry;
Page 16, Line 22(III) For each request received to collect an unwanted
Page 16, Line 23propulsion battery:
Page 16, Line 24(A) The date that the secondary handler offered the
Page 16, Line 25unwanted propulsion battery, along with the eligibility
Page 16, Line 26information described in subsections (2)(c) and (7)(f)(III) of this
Page 16, Line 27section, to the propulsion battery provider or remanufacturer;
Page 16, Line 28(B) The date a plan was communicated to the secondary
Page 16, Line 29handler for collecting the unwanted propulsion battery; and
Page 16, Line 30(C) The date the unwanted propulsion battery was
Page 16, Line 31collected or, if applicable, the reasons that the unwanted
Page 16, Line 32propulsion battery was not collected, including supporting
Page 16, Line 33information such as photographs;
Page 16, Line 34(IV) The number of propulsion batteries, separated by
Page 16, Line 35chemistry, sent for reuse, remanufacturing, repurposing, and
Page 16, Line 36propulsion battery recycling, respectively;
Page 16, Line 37(V) The propulsion battery recyclers used in the
Page 16, Line 38propulsion battery recycling process, including identification
Page 16, Line 39of a recycler's location;
Page 16, Line 40(VI) A description of the general processes used by
Page 16, Line 41propulsion battery recyclers to achieve required recovery
Page 16, Line 42rates; and
Page 16, Line 43(VII) For each propulsion battery recycler used:
Page 17, Line 1(A) The recovery rate of lithium, cobalt, and nickel
Page 17, Line 2present in the propulsion battery feedstock, using the
Page 17, Line 3calculations described in this subsection (9). The targeted
Page 17, Line 4critical minerals and specific ratios must be listed separately.
Page 17, Line 5A mineral that is not targeted in the recovery process may be
Page 17, Line 6listed as a percent or it can be stated that the mineral is not
Page 17, Line 7targeted and recovered by the propulsion battery recycler.
Page 17, Line 8(B) The form of the majority of recovered battery
Page 17, Line 9material must be identified as elemental, compound, or
Page 17, Line 10intermediate, consistent with the recovery definition in section
Page 17, Line 1125-17-1003 (24.5).
Page 17, Line 12(b) A propulsion battery recycler shall recover the
Page 17, Line 13following critical minerals in the elemental, compound, or
Page 17, Line 14intermediate form at the following minimum rates, which rates
Page 17, Line 15are calculated based on each propulsion battery recycler's
Page 17, Line 16facility-level yearly average:
Page 17, Line 17(I) By 2031:
Page 17, Line 18(A) Ninety percent of cobalt;
Page 17, Line 19(B) Ninety percent of nickel; and
Page 17, Line 20(C) Fifty percent of lithium; and
Page 17, Line 21(II) By 2035:
Page 17, Line 22(A) Ninety percent of cobalt;
Page 17, Line 23(B) Ninety percent of nickel; and
Page 17, Line 24(C) Eighty percent of lithium.
Page 17, Line 25(c) The recovery rate for each target critical mineral
Page 17, Line 26must be calculated on an annual basis for each propulsion
Page 17, Line 27battery recycler using a mass balance approach. The
Page 17, Line 28calculation must account for the mass of the target critical
Page 17, Line 29mineral contained in materials entering the recycling process,
Page 17, Line 30including waste propulsion batteries or intermediate materials,
Page 17, Line 31and the mass of the target critical mineral recovered in
Page 17, Line 32materials leaving the recycling process that meet the definition
Page 17, Line 33of "recovery" as defined in section 25-17-1003 (24.5).
Page 17, Line 34(d) The recovery rate of a target critical mineral equals
Page 17, Line 35the mass of target critical mineral recovered in materials
Page 17, Line 36leaving the recycling process divided by the mass of target
Page 17, Line 37critical mineral present in materials entering the recycling
Page 17, Line 38process. The mass of target critical minerals entering and
Page 17, Line 39leaving the recycling process shall be determined based on their
Page 17, Line 40chemical composition, using analytical methods and sampling
Page 17, Line 41procedures that are representative of the material flows.
Page 17, Line 42(e) A propulsion battery recycler shall determine the
Page 17, Line 43proportion of different battery chemistries present in materials
Page 18, Line 1entering the recycling process by means of a sorting analysis
Page 18, Line 2based on continuous sampling or representative sampling
Page 18, Line 3methods consistent with generally accepted industry
Page 18, Line 4standards.
Page 18, Line 5(f) (I) The executive director shall keep proprietary
Page 18, Line 6information, as marked by a propulsion battery provider,
Page 18, Line 7remanufacturer, or propulsion battery recycler, confidential
Page 18, Line 8and make nonproprietary information available upon request.
Page 18, Line 9(II) The information described in subsections (9)(a)(I),
Page 18, Line 10(9)(a)(II), (9)(a)(IV), (9)(a)(VI), and (9)(a)(VII) of this section and
Page 18, Line 11aggregated information from subsections (9)(a)(III) and (9)(a)(V)
Page 18, Line 12of this section is not proprietary.
Page 18, Line 13(III) Any information made publicly available must be
Page 18, Line 14aggregated so that no individual propulsion battery provider,
Page 18, Line 15remanufacturer, or propulsion battery recycler is identifiable.
Page 18, Line 16(IV) An annual report submitted pursuant to this
Page 18, Line 17subsection (9) may be unique to Colorado or include information
Page 18, Line 18for multiple states.
Page 18, Line 19(V) A propulsion battery provider that is also a
Page 18, Line 20remanufacturer may submit one annual report.
Page 18, Line 21(10) (a) On and after October 1, 2028:
Page 18, Line 22(I) A secondary handler shall manage a propulsion
Page 18, Line 23battery by ensuring responsible propulsion battery
Page 18, Line 24management;
Page 18, Line 25(II) If a secondary handler determines that a propulsion
Page 18, Line 26battery is an unwanted propulsion battery, the secondary
Page 18, Line 27handler shall notify the appropriate propulsion battery
Page 18, Line 28provider or remanufacturer or any entity that the propulsion
Page 18, Line 29battery provider or remanufacturer has designated to
Page 18, Line 30facilitate the collection of unwanted propulsion batteries;
Page 18, Line 31(III) A secondary handler managing propulsion batteries
Page 18, Line 32shall maintain records for three years detailing the propulsion
Page 18, Line 33batteries sold or transferred by the secondary handler and the
Page 18, Line 34person the batteries were sold or transferred to;
Page 18, Line 35(IV) When shipping a propulsion battery, a secondary
Page 18, Line 36handler is responsible for ensuring compliance with proper
Page 18, Line 37personnel training requirements for shipping under 49 CFR
Page 18, Line 38172.700 to 172.704;
Page 18, Line 39(V) When removing a propulsion battery from a vehicle,
Page 18, Line 40a secondary handler shall record the last known state of
Page 18, Line 41health and state of charge, if available, and disclose these
Page 18, Line 42values at the time of sale or transfer of the propulsion battery
Page 18, Line 43to another person;
Page 19, Line 1(VI) In order to promote the battery management
Page 19, Line 2hierarchy, a secondary handler shall store propulsion
Page 19, Line 3batteries not suspected of damage or instability in a covered
Page 19, Line 4area, minimizing exposure to precipitation and extreme heat or
Page 19, Line 5cold. A secondary handler shall store propulsion batteries
Page 19, Line 6that are visibly damaged or otherwise suspected to have the
Page 19, Line 7potential for thermal runaway in an isolated area away from
Page 19, Line 8flammable materials.
Page 19, Line 9(VII) A secondary handler working with propulsion
Page 19, Line 10batteries shall obtain relevant safety training to assist with
Page 19, Line 11the safe handling and storage of propulsion batteries.
Page 19, Line 12(b) Subsections (10)(a)(III), (10)(a)(V), (10)(a)(VI), and
Page 19, Line 13(10)(a)(VII) of this section do not apply to a solid waste disposal
Page 19, Line 14site and facility.
Page 19, Line 15(c) Notwithstanding section 25-17-1018, the commission
Page 19, Line 16shall not adopt rules for the purposes of implementing
Page 19, Line 17subsections (10)(a)(VI) and (10)(a)(VII) of this section.
Page 19, Line 18(11) (a) On and after October 1, 2028, a repurposer shall:
Page 19, Line 19(I) Relabel a propulsion battery that is repurposed in the
Page 19, Line 20state to ensure that the repurposer's brand is clearly marked
Page 19, Line 21on the label. If the original label remains, the repurposer shall
Page 19, Line 22place the new label adjacent to the original label and clearly
Page 19, Line 23identify the original label as obsolete.
Page 19, Line 24(II) Ensure the propulsion battery recycling of
Page 19, Line 25propulsion batteries that are within the repurposer's possession
Page 19, Line 26and that can no longer be repurposed unless the propulsion
Page 19, Line 27battery provider or remanufacturer agrees to accept
Page 19, Line 28continued responsibility for the propulsion battery by
Page 19, Line 29contract.
Page 19, Line 30(b) (I) On or before July 1, 2030, and on or before each July
Page 19, Line 311 thereafter, a registered repurposer shall submit an annual
Page 19, Line 32report to the executive director covering the preceding
Page 19, Line 33calendar year of the repurposer's responsible propulsion
Page 19, Line 34battery management. The report must include the following:
Page 19, Line 35(A) The number of propulsion batteries that the
Page 19, Line 36repurposer repurposed from Colorado; and
Page 19, Line 37(B) The name and address of where the repurposed
Page 19, Line 38batteries were sold or transferred, including for batteries sent
Page 19, Line 39for use in a secondary application and those sent for propulsion
Page 19, Line 40battery recycling.
Page 19, Line 41(II) The annual report submitted pursuant to this
Page 19, Line 42subsection (11) may be unique to Colorado or may include
Page 19, Line 43information for multiple states.
Page 20, Line 1(III) A repurposer that is also a remanufacturer may
Page 20, Line 2submit one annual report.
Page 20, Line 3(12) On and after October 1, 2028:
Page 20, Line 4(a) Propulsion batteries that are hazardous waste as
Page 20, Line 5defined under federal or state hazardous or solid waste laws
Page 20, Line 6must be managed in a manner consistent with those laws;
Page 20, Line 7(b) A person shall not dispose of a propulsion battery by
Page 20, Line 8taking the propulsion battery to a solid waste disposal site and
Page 20, Line 9facility; and
Page 20, Line 10(c) A person not identified in this section is responsible for
Page 20, Line 11ensuring the responsible propulsion battery management of
Page 20, Line 12propulsion batteries by working with a secondary handler,
Page 20, Line 13propulsion battery provider, remanufacturer, repurposer, or
Page 20, Line 14propulsion battery recycler.
Page 20, Line 1525-17-1020. Applicability.
Page 20, Line 16A vehicle containing a propulsion battery originally sold
Page 20, Line 17in the state is not subject to this part 10 when the vehicle is
Page 20, Line 18retired out of state.
Page 20, Line 19SECTION 7. Act subject to petition - effective date. This act
Page 20, Line 20takes effect at 12:01 a.m. on the day following the expiration of the
Page 20, Line 21ninety-day period after final adjournment of the general assembly (August
Page 20, Line 2212, 2026, if adjournment sine die is on May 13, 2026); except that, if a
Page 20, Line 23referendum petition is filed pursuant to section 1 (3) of article V of the
Page 20, Line 24state constitution against this act or an item, section, or part of this act
Page 20, Line 25within such period, then the act, item, section, or part will not take effect
Page 20, Line 26unless approved by the people at the general election to be held in
Page 20, Line 27November 2026 and, in such case, will take effect on the date of the
Page 20, Line 28official declaration of the vote thereon by the governor.".".