A Bill for an Act
Page 1, Line 101Concerning the establishment of battery stewardship
Page 1, Line 102programs for the disposal of certain batteries.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires an organization, defined in the bill as a battery stewardship organization, to, no later than July 1, 2026, and every 5 years thereafter, submit to the executive director of the department of public health and environment (executive director) a battery stewardship plan (plan), which is a plan for the collection, transportation, processing, and recycling of certain batteries.
On and after August 1, 2026, a producer selling, making available for sale, or distributing certain batteries or battery-containing products in or into the state must participate in and finance a battery stewardship organization that has submitted a plan to the executive director. On and after July 1, 2028, a retailer is prohibited from selling, offering for sale, distributing, or otherwise making available for sale certain batteries or battery-containing products in the state, unless the producer of the batteries or battery-containing products is participating in a battery stewardship organization that has an approved plan. A retailer is prohibited from charging a point-of-sale fee to consumers to cover the costs of a battery stewardship organization.
The bill specifies what a plan must contain to be approved by the executive director, including, among other things, contact information for participating producers, performance goals, and methods to promote participation in the plan and increase public awareness of the battery stewardship program (program) that will be implemented by the battery stewardship organization pursuant to the plan. In addition, a plan must detail how the battery stewardship organization will arrange for the collection of certain batteries by establishing collection sites that are freely available to any person.
A battery stewardship organization implementing an approved plan is required to develop and administer a system to collect charges from participating producers to cover the costs of implementing the program. In addition, a battery stewardship organization, in consultation with the department of public health and environment (department) and interested stakeholders, must complete an assessment of the opportunities and challenges associated with the end-of-life management of certain batteries, which assessment must be submitted to the general assembly on or before October 1, 2027.
On or before June 1, 2028, and on or before each June 1 thereafter, a battery stewardship organization with an approved plan must submit an annual report to the executive director, which report must include certain information about the preceding year of plan implementation. The bill also requires a battery stewardship organization to carry out promotional activities to increase public awareness of the program. Battery stewardship organizations with approved plans must coordinate to conduct a survey of public awareness of the programs and share the results of the survey with the executive director as part of the annual reports.
On or before December 1, 2026, and on or before each December 1 thereafter, the department must provide each battery stewardship organization with an accounting of the organization's portion of the costs in administering a program, and the battery stewardship organization is required to pay to the department an annual fee based on the department's accounting by July 1 of each year. Fees will be credited to the battery stewardship fund created in the state treasury.
The bill requires a producer or retailer to mark certain batteries with labels that:
- Identify the producer of the batteries; and
- Include certain information to ensure the proper collection and recycling of the batteries.
Beginning January 1, 2029, a person is required to manage certain unwanted batteries through delivery to a collection site, event, or program established by a battery stewardship program. A person is prohibited from disposing of certain batteries in a landfill.
A producer or battery stewardship organization that violates any of the bill's requirements is liable for a civil penalty of $7,000 per violation; except that a battery stewardship organization that fails to pay a fee required by the department pursuant to the bill's requirements is liable for a civil penalty that is double the applicable fee.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. In Colorado Revised Statutes, add part 10 to article 17 of title 25 as follows:
Page 3, Line 3PART 10
BATTERY STEWARDSHIP PROGRAMS
Page 3, Line 425-17-1001. Short title.The short title of this part 10 is the "Battery Stewardship Act".
Page 3, Line 525-17-1002. Legislative declaration. (1) The general assembly finds that:
Page 3, Line 6(a) Multiple studies have established that expensive and
Page 3, Line 7hazardous risks result from the improper handling and disposal
Page 3, Line 8of batteries. It is in the public interest of Colorado residents to
Page 3, Line 9reduce the inherent risk of fires that can occur when batteries
Page 3, Line 10are improperly disposed of and to encourage the recovery of
Page 3, Line 11valuable materials in batteries that can be put back into the supply chain.
Page 3, Line 12(b) According to analyses conducted by several state
Page 4, Line 1organizations, access to collection, recovery, and recycling
Page 4, Line 2programs for portable small and medium-format batteries is
Page 4, Line 3limited, inconvenient, and costly for most Colorado residents.
Page 4, Line 4Colorado communities that operate battery collection events
Page 4, Line 5and facilities report that such events and facilities are costly for local governments to operate.
Page 4, Line 6(c) Without a coordinated battery stewardship program,
Page 4, Line 7consumers will continue to be confused about proper battery disposal;
Page 4, Line 8(d) Ensuring the proper recovery of used portable small
Page 4, Line 9and medium-format batteries prevents the ignition of fires and the release of toxic materials into the environment; and
Page 4, Line 10(e) It is the best practice for a battery stewardship
Page 4, Line 11program to collect all battery types and chemistries, as
Page 4, Line 12evidenced by successful battery stewardship programs operating in other states.
Page 4, Line 13(2) The general assembly therefore declares that it is in
Page 4, Line 14the public interest of Colorado to require producers of
Page 4, Line 15batteries to finance and implement a coordinated,
Page 4, Line 16state-approved system that increases access to the safe disposal of batteries in Colorado.
Page 4, Line 1725-17-1003. Definitions - rules.As used in this part 10, unless the context otherwise requires:
Page 4, Line 18(1) "Approved plan" means a battery stewardship plan
Page 4, Line 19that has been approved by the executive director pursuant to section 25-17-1005.
Page 4, Line 20(2) "Battery-containing product" means a product sold,
Page 5, Line 1offered for sale, or distributed in or into the state that
Page 5, Line 2contains or is packaged with rechargeable or primary batteries that are covered batteries.
Page 5, Line 3(3) "Battery stewardship organization" or "organization"
Page 5, Line 4means a producer that directly implements a battery
Page 5, Line 5stewardship plan in accordance with this part 10 or a nonprofit
Page 5, Line 6organization designated by a producer or a group of producers
Page 5, Line 7to implement a battery stewardship plan in accordance with this part 10.
Page 5, Line 8(4) "Battery stewardship plan" or "plan" means a plan for
Page 5, Line 9the collection, transportation, processing, and recycling of
Page 5, Line 10covered batteries submitted to the executive director pursuant to section 25-17-1005 (1).
Page 5, Line 11(5) "Battery stewardship program" or "program" means a
Page 5, Line 12program implemented by a battery stewardship organization in accordance with an approved plan.
Page 5, Line 13(6) "Collection rate" means a percentage, by weight, of
Page 5, Line 14covered batteries that a battery stewardship organization
Page 5, Line 15collects, which is calculated by dividing the total weight of the
Page 5, Line 16covered batteries that the battery stewardship organization
Page 5, Line 17collected during the previous calendar year by the average
Page 5, Line 18annual weight of covered batteries that were estimated by the
Page 5, Line 19organization to have been sold, offered for sale, or distributed
Page 5, Line 20in or into the state during the previous three calendar years by producers participating in an approved plan.
Page 5, Line 21(7) "Commission" means the solid and hazardous waste
Page 5, Line 22commission created in section 25-15-302 (1)(a).
Page 6, Line 1(8) (a) "Covered battery" means a portable battery, a
Page 6, Line 2medium-format battery, or any battery sold loose or as an
Page 6, Line 3easily removable battery within a battery-containing product or a motorized device.
Page 6, Line 4(b) "Covered battery" does not include:
Page 6, Line 5(I) A battery contained within a device, as defined in 21
Page 6, Line 6U.S.C. sec. 321 (h) as of the effective date of this part 10, that is
Page 6, Line 7not designed and marketed for sale or resale principally to consumers for personal use;
Page 6, Line 8(II) A battery that contains an electrolyte as a free liquid;
Page 6, Line 9(III) A lead-acid battery weighing more than eleven pounds;
Page 6, Line 10(IV) An embedded battery; or
Page 6, Line 11(V) A battery that is a component of a motor vehicle or intended for use exclusively in motor vehicles.
Page 6, Line 12(9) "Damaged or defective battery" means a battery that
Page 6, Line 13has been damaged or identified by the manufacturer as being
Page 6, Line 14defective for safety reasons and that has the potential of
Page 6, Line 15producing a dangerous evolution of heat, fire, or short circuit,
Page 6, Line 16as described in 49 CFR 173.185 (f), or as updated by the
Page 6, Line 17commission by rule to maintain consistency with federal standards.
Page 6, Line 18(10) "Department" means the department of public health and environment created in section 25-1-102.
Page 6, Line 19(11) "Disproportionately impacted community" has the
Page 6, Line 20meaning set forth in section 24-4-109 (2)(b)(II).
Page 7, Line 1(12) "Easily removable" means a battery that is intended
Page 7, Line 2or designed by the manufacturer to be removable by the user of the battery with no more than commonly used household tools.
Page 7, Line 3(13) "Embedded battery" means a battery that is
Page 7, Line 4contained in a product and that is not designed to be easily removable.
Page 7, Line 5(14) "Executive director" means the executive director of the department.
Page 7, Line 6(15) "Fund" means the battery stewardship fund created in section 25-17-1012 (2)(a).
Page 7, Line 7(16) "Household hazardous waste facility" means a
Page 7, Line 8facility that is subject to federal and state regulations that
Page 7, Line 9ensure that the facility is collecting universal waste, as
Page 7, Line 10defined in 40 CFR 273.9, in a manner that prevents the harmful impact of improper disposal of the universal waste.
Page 7, Line 11(17) "Local government" means a county, city, town, city and county, or special district within the state of Colorado.
Page 7, Line 12(18) "Materials recovery facility" means a facility that
Page 7, Line 13processes materials that are collected for recycling before being conveyed to end-market businesses.
Page 7, Line 14(19) "Medium-format battery" means the following primary or rechargeable covered batteries:
Page 7, Line 15(a) For primary batteries, a battery weighing at least
Page 7, Line 16four and four-tenths pounds and no more than twenty-five pounds; or
Page 7, Line 17(b) For rechargeable batteries, a battery weighing:
Page 7, Line 18(I) More than eleven pounds or having a rating of more than three hundred watt-hours, or both; and
Page 8, Line 1(II) No more than twenty-five pounds or having a rating of no more than two thousand watt-hours, or both.
Page 8, Line 2(20) "Portable battery" means the following primary or rechargeable covered batteries:
Page 8, Line 3(a) For primary batteries, a battery weighing no more than four and four-tenths pounds; or
Page 8, Line 4(b) For rechargeable batteries, a battery weighing no
Page 8, Line 5more than eleven pounds and having a rating of no more than three hundred watt-hours.
Page 8, Line 6(21) "Primary battery" means a battery that is not capable of being recharged.
Page 8, Line 7(22) (a) "Producer" means:
Page 8, Line 8(I) For covered batteries sold, offered for sale, or distributed in or into the state:
Page 8, Line 9(A) If the covered battery is sold, offered for sale, or
Page 8, Line 10distributed in or into the state under the brand of the battery
Page 8, Line 11manufacturer, the producer is the person that manufactures the battery;
Page 8, Line 12(B) If the covered battery is sold, offered for sale, or
Page 8, Line 13distributed in or into the state under a retail brand or under a
Page 8, Line 14brand owned by a person other than the battery manufacturer, the producer is the brand owner;
Page 8, Line 15(C) If there is no person that subsection (22)(a)(I)(A) or
Page 8, Line 16(22)(a)(I)(B) of this section applies to, the producer is the licensee
Page 8, Line 17of the brand or trademark under which the covered battery is
Page 8, Line 18sold, offered for sale, or distributed in or into the state, regardless of whether the trademark is registered in the state;
Page 9, Line 1(D) If there is no person in the United States that
Page 9, Line 2subsection (22)(a)(I)(A), (22)(a)(I)(B), or (22)(a)(I)(C) of this section
Page 9, Line 3applies to, the producer is the person that is the importer of record for the covered battery into the United States; and
Page 9, Line 4(E) If there is no person with a commercial presence in the
Page 9, Line 5state that subsection (22)(a)(I)(A), (22)(a)(I)(B), (22)(a)(I)(C), or
Page 9, Line 6(22)(a)(I)(D) of this section applies to, the producer is the person
Page 9, Line 7that first sells, offers for sale, or distributes the covered battery in or into the state; and
Page 9, Line 8(II) For covered battery-containing products sold, offered for sale, or distributed in or into the state:
Page 9, Line 9(A) If the battery-containing product is sold, offered for
Page 9, Line 10sale, or distributed in or into the state under the brand of the
Page 9, Line 11battery manufacturer, the producer is the person that manufactures the battery-containing product;
Page 9, Line 12(B) If the battery-containing product is sold, offered for
Page 9, Line 13sale, or distributed in or into the state under a retail brand or
Page 9, Line 14under a brand owned by a person other than the battery manufacturer, the producer is the brand owner;
Page 9, Line 15(C) If there is no person that subsection (22)(a)(II)(A) or
Page 9, Line 16(22)(a)(II)(B) of this section applies to, the producer is the
Page 9, Line 17licensee of the brand or trademark under which the
Page 9, Line 18battery-containing product is sold, offered for sale, or
Page 9, Line 19distributed in or into the state, regardless of whether the trademark is registered in the state;
Page 9, Line 20(D) If there is no person in the United States that
Page 10, Line 1subsection (22)(a)(II)(A), (22)(a)(II)(B), or (22)(a)(II)(C) of this
Page 10, Line 2section applies to, the producer is the person that is the importer
Page 10, Line 3of record for the battery-containing product into the United States; and
Page 10, Line 4(E) If there is no person with a commercial presence in the
Page 10, Line 5state that subsection (22)(a)(II)(A), (22)(a)(II)(B), (22)(a)(II)(C), or
Page 10, Line 6(22)(a)(II)(D) of this section applies to, the producer is the person
Page 10, Line 7that first sells, offers for sale, or distributes the battery-containing product in or into the state.
Page 10, Line 8(b) "Producer" does not include a person that only
Page 10, Line 9manufactures, sells, offers for sale, distributes, or imports in or into the state a battery-containing product if:
Page 10, Line 10(I) The only batteries contained in or supplied with the
Page 10, Line 11battery-containing product are supplied by a producer that has
Page 10, Line 12joined a battery stewardship organization with an approved
Page 10, Line 13plan acknowledging that the producer is the producer for that covered battery pursuant to this part 10; and
Page 10, Line 14(II) The producer provides written certification to both
Page 10, Line 15the person described in this subsection (22)(b) and the battery stewardship organization of which the producer is a member.
Page 10, Line 16(c) A person is not the producer of a covered battery or
Page 10, Line 17battery-containing product sold, offered for sale, or
Page 10, Line 18distributed in or into the state if another party has
Page 10, Line 19contractually accepted responsibility as a producer and has
Page 10, Line 20joined a battery stewardship organization with an approved
Page 10, Line 21plan acknowledging that the other party is the producer for
Page 10, Line 22that covered battery or battery-containing product pursuant to this part 10.
Page 11, Line 1(23) "Proprietary information" has the meaning set forth in section 25-17-703 (34).
Page 11, Line 2(24) "Rechargeable battery" means a battery that
Page 11, Line 3contains one or more voltaic or galvanic cells, which are
Page 11, Line 4electrically connected to produce electric energy and designed to be recharged.
Page 11, Line 5(25) "Recycling" has the meaning set forth in section 25-17-703 (37).
Page 11, Line 6(26) "Recycling efficiency rate" means the ratio of the
Page 11, Line 7weight of components and materials recycled by a battery
Page 11, Line 8stewardship organization from covered batteries to the weight
Page 11, Line 9of covered batteries as collected by the battery stewardship organization.
Page 11, Line 10(27) "Retailer" means a person that sells covered
Page 11, Line 11batteries or battery-containing products in or into the state,
Page 11, Line 12including sales made through an internet transaction, or offers
Page 11, Line 13or otherwise makes available covered batteries or battery-containing products to a customer in the state.
Page 11, Line 14(28) "Written certification" means written certification by a producer that:
Page 11, Line 15(a) The producer is a member of a battery stewardship organization; and
Page 11, Line 16(b) A covered battery or battery-containing product is
Page 11, Line 17marked in accordance with section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
Page 11, Line 1825-17-1004. Requirement that producers participate in a
Page 12, Line 1battery stewardship plan - retailer requirements - no point-of-sale fees. (1) On and after August 1, 2026:
Page 12, Line 2(a) A producer selling, making available for sale, or
Page 12, Line 3distributing covered batteries or battery-containing products
Page 12, Line 4in or into the state shall participate in and finance a battery
Page 12, Line 5stewardship organization that has submitted a plan pursuant to section 25-17-1005 (1)(a); and
Page 12, Line 6(b) Except as provided in section 25-17-1003 (22)(b) and
Page 12, Line 7(22)(c), a producer shall not sell, make available for sale, or
Page 12, Line 8distribute covered batteries or battery-containing products in
Page 12, Line 9or into the state unless that producer participates in a battery stewardship organization and a battery stewardship plan.
Page 12, Line 10(2) (a) On and after July 1, 2028, a retailer shall not sell,
Page 12, Line 11offer for sale, distribute, or otherwise make available for sale
Page 12, Line 12a covered battery or battery-containing product in the state
Page 12, Line 13unless the producer of the covered battery or
Page 12, Line 14battery-containing product is participating in a battery stewardship organization with an approved plan.
Page 12, Line 15(b) A retailer does not violate subsection (2)(a) of this
Page 12, Line 16section if the website made available by the executive director
Page 12, Line 17in accordance with section 25-17-1012 (2)(d)(III) lists, as of the
Page 12, Line 18date a product sold by the retailer is made available for retail
Page 12, Line 19sale, the producer or brand of covered battery or battery-containing product as a participant in an approved plan.
Page 12, Line 20(c) (I) A retailer of a covered battery or a
Page 12, Line 21battery-containing product is not required to make a retail
Page 12, Line 22location available to serve as a collection site for a battery stewardship program.
Page 13, Line 1(II) A retailer that offers a retail location that serves as
Page 13, Line 2a collection site must comply with the requirements for collection sites described in section 25-17-1008.
Page 13, Line 3(d) A retailer shall not sell, offer for sale, distribute, or
Page 13, Line 4otherwise make available for sale a covered battery or
Page 13, Line 5battery-containing product unless the covered battery or
Page 13, Line 6battery-containing product is marked in accordance with
Page 13, Line 7section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
Page 13, Line 8(e) (I) A battery stewardship organization shall make
Page 13, Line 9information available to a retailer for voluntary use that the
Page 13, Line 10retailer may use to inform customers of available end-of-life
Page 13, Line 11management options for covered batteries collected by the
Page 13, Line 12battery stewardship organization, which information must
Page 13, Line 13include in-store signage, written materials, and other promotional materials.
Page 13, Line 14(II) A retailer selling, offering for sale, distributing, or
Page 13, Line 15otherwise making available a covered battery or
Page 13, Line 16battery-containing product may provide the information
Page 13, Line 17described in subsection (2)(e)(I) of this section to customers and the public.
Page 13, Line 18(3) A retailer, producer, or battery stewardship
Page 13, Line 19organization shall not charge a point-of-sale fee to consumers
Page 13, Line 20to cover the administrative or operational costs of a battery stewardship organization or a battery stewardship program.
Page 13, Line 2125-17-1005. Battery stewardship plans - review and approval
Page 14, Line 1by the executive director. (1) No later than July 1, 2026, and every
Page 14, Line 2five years thereafter, a battery stewardship organization shall
Page 14, Line 3submit to the executive director a plan for the collection,
Page 14, Line 4transportation, processing, and recycling of covered batteries
Page 14, Line 5under a battery stewardship program. The executive director
Page 14, Line 6shall review and approve, disapprove, or conditionally approve a plan based on whether the plan:
Page 14, Line 7(a) Lists and provides contact information for each
Page 14, Line 8producer, covered battery brand, and battery-containing
Page 14, Line 9product brand covered by the plan, including identifying
Page 14, Line 10producers that have contractually accepted responsibility as a producer in accordance with section 25-17-1003 (22)(c);
Page 14, Line 11(b) Proposes performance goals that are consistent with
Page 14, Line 12section 25-17-1006, including establishing performance goals for
Page 14, Line 13each of the three calendar years after the plan is submitted to the executive director;
Page 14, Line 14(c) Describes how the organization will make retailers
Page 14, Line 15aware of the obligation described in section 25-17-1004 (2)(a) to
Page 14, Line 16sell only covered batteries and battery-containing products of producers participating in an approved plan;
Page 14, Line 17(d) Describes the education and communications strategy
Page 14, Line 18being implemented pursuant to section 25-17-1010 to promote
Page 14, Line 19participation in the approved plan and to provide the
Page 14, Line 20information necessary for effective participation of consumers, retailers, and others;
Page 14, Line 21(e) Describes how the organization will make signage,
Page 14, Line 22written materials, and other promotional materials available
Page 15, Line 1to collection sites so that collection sites may use the
Page 15, Line 2materials to inform consumers of available end-of-life
Page 15, Line 3management options for covered batteries collected by the organization;
Page 15, Line 4(f) Lists promotional activities to be undertaken by the
Page 15, Line 5organization, including the identification of consumer
Page 15, Line 6awareness goals and strategies that the organization will employ to achieve these goals when the program is implemented;
Page 15, Line 7(g) Includes collection site safety training procedures
Page 15, Line 8related to covered battery collection activities at collection
Page 15, Line 9sites, including a description of operating protocols to reduce
Page 15, Line 10the risk of a spill or fire, response protocols in the event of a
Page 15, Line 11spill or fire, and protocols for safe management of damaged or defective batteries that are returned to collection sites;
Page 15, Line 12(h) Describes the method to establish and administer a
Page 15, Line 13means for fully funding the program in a manner that equitably
Page 15, Line 14distributes the program's costs among the producers
Page 15, Line 15participating in the organization, including a description of the
Page 15, Line 16charges collected from producers pursuant to section
Page 15, Line 1725-17-1007 (1). If a producer chooses to directly implement a plan
Page 15, Line 18individually without designating a nonprofit organization, the
Page 15, Line 19plan must describe the proposed method to establish and administer a means for fully funding the program.
Page 15, Line 20(i) Describes how the program will collect all covered
Page 15, Line 21types and brands of covered batteries on a free, continuous,
Page 15, Line 22convenient, visible, and accessible basis, and in accordance with
Page 15, Line 23section 25-17-1008, including a description of how the statewide
Page 16, Line 1collection opportunities described in section 25-17-1008 (4)(b)
Page 16, Line 2and (4)(c) will be met and a list of the names and addresses of collection sites participating in the program;
Page 16, Line 3(j) Describes how the program will work with materials
Page 16, Line 4recovery facilities and secondary processors to properly
Page 16, Line 5process and transport for recycling any covered batteries
Page 16, Line 6improperly sent to the facilities through the waste or recycling streams;
Page 16, Line 7(k) Provides an explanation for any delay anticipated by
Page 16, Line 8the organization for the implementation of the management of
Page 16, Line 9medium-format batteries such that the implementation will not
Page 16, Line 10begin within six months after the plan is approved, including a
Page 16, Line 11delay in the ability to collect, package, transport, or process
Page 16, Line 12medium-format batteries in accordance with this part 10, and
Page 16, Line 13establishes an expected date of compliance for the management
Page 16, Line 14of medium-format batteries that is no later than January 1, 2028, if a delay occurs;
Page 16, Line 15(l) Describes the criteria to be used by the program to
Page 16, Line 16determine whether an entity may serve as a collection site for covered batteries under the program;
Page 16, Line 17(m) Identifies proposed service providers, such as sorters,
Page 16, Line 18transporters, and processors, to be used by the program for the
Page 16, Line 19final disposition of covered batteries and proposed provisions
Page 16, Line 20for record keeping, tracking, and documenting the fate of collected covered batteries;
Page 16, Line 21(n) Details how the program will achieve a recycling
Page 16, Line 22efficiency rate of at least sixty percent for rechargeable batteries and at least seventy percent for primary batteries;
Page 17, Line 1(o) Proposes goals for increasing public awareness of the
Page 17, Line 2program and describes how the public education and outreach
Page 17, Line 3components of the program required by section 25-17-1010 will be implemented; and
Page 17, Line 4(p) If the performance goals described in section
Page 17, Line 525-17-1006, and as approved in the battery stewardship plan,
Page 17, Line 6have not been met, includes corrective measures to be
Page 17, Line 7implemented by the organization to meet its performance goals,
Page 17, Line 8which may include improvements to the collection site network or increased expenditures dedicated to education and outreach.
Page 17, Line 9(2) A battery stewardship organization must provide plan
Page 17, Line 10amendments to the executive director for approval when
Page 17, Line 11proposing changes to the performance goals described in section
Page 17, Line 1225-17-1006 based on the experience of the program, including the
Page 17, Line 13experience of the program during the six months before the
Page 17, Line 14submission of the amendments, or when there is a change to the
Page 17, Line 15method of financing the program pursuant to section 25-17-1007 (1).
Page 17, Line 16(3) (a) The executive director shall review battery
Page 17, Line 17stewardship plans and plan amendments for compliance with this
Page 17, Line 18part 10 and shall approve, disapprove, or conditionally approve
Page 17, Line 19a plan or a plan amendment within one hundred twenty days after receipt of the plan or plan amendment.
Page 17, Line 20(b) If the executive director disapproves a battery
Page 17, Line 21stewardship plan or plan amendment, the executive director
Page 17, Line 22shall provide a written notice of disapproval explaining how the
Page 18, Line 1plan or plan amendment does not comply with this part 10. The
Page 18, Line 2battery stewardship organization shall submit to the executive
Page 18, Line 3director a revised plan, plan amendment, or notice of plan
Page 18, Line 4withdrawal within sixty days after the date that the written
Page 18, Line 5notice of disapproval is issued. The executive director shall
Page 18, Line 6review a revised plan or plan amendment within ninety days
Page 18, Line 7after the organization submits the revised plan, plan amendment, or notice of plan withdrawal.
Page 18, Line 8(c) If a revised plan is disapproved by the executive
Page 18, Line 9director, a producer operating under the plan is not in
Page 18, Line 10compliance with this part 10 until the executive director
Page 18, Line 11approves a plan submitted by an organization that covers the
Page 18, Line 12producer or the producer's battery brand or battery-containing product brand.
Page 18, Line 13(d) If a plan, plan amendment, or revised plan is submitted
Page 18, Line 14to the executive director pursuant to this section, the executive
Page 18, Line 15director shall make the plan, plan amendment, or revised plan
Page 18, Line 16available for public review and comment for at least thirty days.
Page 18, Line 17(e) A battery stewardship organization shall provide
Page 18, Line 18written notification to the executive director within thirty
Page 18, Line 19days after a producer begins to participate or ceases to
Page 18, Line 20participate in the organization or after the adding or removing of a processor or transporter.
Page 18, Line 2125-17-1006. Performance goals. (1) A battery stewardship
Page 18, Line 22plan must include performance goals that measure, on an
Page 18, Line 23annual basis, the achievements of the battery stewardship program, including:
Page 19, Line 1(a) The collection rate for covered batteries by the
Page 19, Line 2program, including target collection rates for primary batteries and rechargeable batteries;
Page 19, Line 3(b) The recycling efficiency rate of the program,
Page 19, Line 4including target recycling efficiency rates of at least sixty
Page 19, Line 5percent for rechargeable batteries and at least seventy percent for primary batteries; and
Page 19, Line 6(c) Public awareness of the program, including goals for
Page 19, Line 7public awareness, convenience, and accessibility that meet or
Page 19, Line 8exceed the minimum requirements established in section 25-17-1010.
Page 19, Line 9(2) A battery stewardship organization shall meet the
Page 19, Line 10performance goals established pursuant to the organization's
Page 19, Line 11approved plan and shall not reduce or cease collection,
Page 19, Line 12education and outreach, or other activities implemented under
Page 19, Line 13an approved plan based on the achievement of performance goals.
Page 19, Line 1425-17-1007. Collection of charges - reimbursement of
Page 19, Line 15collection sites and electronic waste recyclers. (1) (a) A battery
Page 19, Line 16stewardship organization implementing a battery stewardship
Page 19, Line 17plan on behalf of producers shall develop and administer a
Page 19, Line 18system to collect charges from participating producers to cover the costs of program implementation, including:
Page 19, Line 19(I) Covered battery collection, sortation,
Page 19, Line 20transportation, processing, and recycling in a manner that is
Page 19, Line 21safe for public health and the environment;
(II) Education and outreach;
Page 20, Line 1(III) Program administration, evaluation, and reporting; and
Page 20, Line 2(IV) Payment of annual fees to the department pursuant to section 25-17-1012 (1).
Page 20, Line 3(b) A battery stewardship organization is responsible for
Page 20, Line 4all costs of a battery stewardship program, including the costs described in subsection (1)(a) of this section.
Page 20, Line 5(2) (a) A battery stewardship organization shall
Page 20, Line 6reimburse a participating collection site, as described in section 25-17-1008, for:
Page 20, Line 7(I) Demonstrable costs incurred by the collection site as
Page 20, Line 8a result of implementing a battery stewardship program,
Page 20, Line 9including associated labor costs and other costs associated
Page 20, Line 10with accessibility and collection site standards such as storage; and
Page 20, Line 11(II) Costs of agreed-upon education and outreach.
Page 20, Line 12(b) Notwithstanding any law to the contrary, a local
Page 20, Line 13government is not required to serve as a collection site pursuant to this part 10.
Page 20, Line 14(c) A battery stewardship organization shall, at a
Page 20, Line 15minimum, provide collection sites with appropriate containers
Page 20, Line 16for covered batteries subject to its program as well as training,
Page 20, Line 17signage, safety guidance, and educational materials at no cost to the collection sites.
Page 20, Line 18(3) A battery stewardship organization shall reimburse
Page 20, Line 19electronic waste recyclers for the costs to remove and recycle covered batteries from battery-containing products.
Page 21, Line 125-17-1008. Collection site requirements - statewide collection
Page 21, Line 2opportunities - minimum amount of collection sites. (1) (a) A
Page 21, Line 3battery stewardship organization implementing a battery
Page 21, Line 4stewardship plan shall provide the collection of covered
Page 21, Line 5batteries, including all types and brands of covered batteries,
Page 21, Line 6on a free, continuous, convenient, visible, and accessible basis to any person.
Page 21, Line 7(b) Except as provided in subsection (3) of this section, a
Page 21, Line 8battery stewardship plan must arrange for the collection of
Page 21, Line 9each type and brand of covered battery from a person at a
Page 21, Line 10collection site in accordance with the statewide collection
Page 21, Line 11opportunities described in subsections (4)(b) and (4)(c) of this section.
Page 21, Line 12(2) (a) For each collection site used by a battery
Page 21, Line 13stewardship program, the battery stewardship organization implementing the program shall:
Page 21, Line 14(I) Provide suitable collection containers for covered
Page 21, Line 15batteries so that the covered batteries are segregated from other solid waste; or
Page 21, Line 16(II) Make mutually agreeable alternative arrangements
Page 21, Line 17with the collection site for the collection of covered batteries at the collection site.
Page 21, Line 18(b) The location of the collection containers described in subsection (2)(a) of this section must be:
Page 21, Line 19(I) Within view of an individual who has been designated
Page 21, Line 20by the organization hosting the collection site as responsible for complying with the safe collection of batteries; and
Page 22, Line 1(II) Accompanied by signage that is made available to the
Page 22, Line 2collection site by the organization and that informs consumers
Page 22, Line 3regarding the end-of-life management options for covered batteries collected by the collection site.
Page 22, Line 4(3) (a) Medium-format batteries must be collected at
Page 22, Line 5household hazardous waste facilities or other staffed
Page 22, Line 6collection sites that meet applicable federal, state, and local regulatory requirements.
Page 22, Line 7(b) Damaged or defective batteries must be collected at
Page 22, Line 8collection sites and events staffed by individuals trained to handle and ship those batteries.
Page 22, Line 9(4) (a) (I) A battery stewardship organization implementing a battery stewardship plan shall:
Page 22, Line 10(A) Ensure statewide collection opportunities for all
Page 22, Line 11covered batteries in accordance with subsections (4)(b) and (4)(c) of this section; and
Page 22, Line 12(B) For the purposes of providing efficient delivery of
Page 22, Line 13services and avoiding unnecessary duplication of effort and
Page 22, Line 14expense, coordinate activities with other program operators,
Page 22, Line 15including covered battery collectors, recycling programs, and
Page 22, Line 16electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries.
Page 22, Line 17(II) A battery stewardship organization shall determine
Page 22, Line 18statewide collection opportunities through geographic
Page 22, Line 19information modeling that considers permanent collection
Page 22, Line 20sites.
Page 23, Line 1(III) A battery stewardship program may rely, in part, on
Page 23, Line 2collection events to supplement the collection site criteria
Page 23, Line 3required by subsections (4)(b) and (4)(c) of this section. Only
Page 23, Line 4permanent collection services specified in subsections (4)(b) and
Page 23, Line 5(4)(c) of this section satisfy the requirements of this subsection (4)(a).
Page 23, Line 6(b) Within six months after a battery stewardship plan is
Page 23, Line 7approved pursuant to section 25-17-1005 (1) and no later than
Page 23, Line 8October 1, 2027, a battery stewardship organization shall
Page 23, Line 9provide statewide collection opportunities for portable batteries that include:
Page 23, Line 10(I) At least one permanent collection site for portable
Page 23, Line 11batteries within a fifteen-mile radius for at least ninety-five percent of the state's residents; and
Page 23, Line 12(II) At least one permanent collection site or a collection
Page 23, Line 13service, or one collection event per year, for portable batteries
Page 23, Line 14in addition to those required by subsection (4)(b)(I) of this section for every thirty thousand residents of a county.
Page 23, Line 15(c) (I) Within six months after a battery stewardship plan
Page 23, Line 16is approved pursuant to section 25-17-1005 (1) and no later than
Page 23, Line 17January 1, 2028, a battery stewardship organization shall
Page 23, Line 18provide statewide collection opportunities for medium-format batteries that include:
Page 23, Line 19(A) At least fifteen permanent collection sites in the state;
Page 23, Line 20(B) Reasonable geographic dispersion of collection sites
Page 23, Line 21throughout the state;
Page 24, Line 1(C) A permanent collection site in each county of at least
Page 24, Line 2one hundred fifty thousand persons, as determined by the most recent federal decennial census; and
Page 24, Line 3(D) Service to areas without a permanent collection site.
Page 24, Line 4(II) A battery stewardship organization shall ensure that
Page 24, Line 5there is a collection event for medium-format batteries,
Page 24, Line 6including damaged or defective medium-format batteries, at
Page 24, Line 7least once annually in each county of the state that does not have a permanent collection site.
Page 24, Line 8(d) The statewide collection opportunities set forth in
Page 24, Line 9subsections (4)(b) and (4)(c) of this section may be satisfied by
Page 24, Line 10the collection locations participating in a household battery
Page 24, Line 11recycling program sponsored by the executive director or a local government.
Page 24, Line 12(5) Each collection site must meet applicable federal, state, and local regulatory requirements.
Page 24, Line 13(6) (a) If cost-effective, mutually agreeable, and
Page 24, Line 14otherwise practicable, a battery stewardship organization
Page 24, Line 15shall use existing public and private waste collection services
Page 24, Line 16and facilities in implementing a battery stewardship program,
Page 24, Line 17including collection sites that are established through other
Page 24, Line 18battery collection services, transporters, consolidators, processors, electronic waste recyclers, and retailers.
Page 24, Line 19(b) Upon the submission of a request by an entity to serve
Page 24, Line 20as a collection site, a battery stewardship program shall use
Page 24, Line 21the entity as a collection site for covered batteries for up to
Page 24, Line 22the minimum number of collection sites required for compliance
Page 25, Line 1with subsections (4)(b) and (4)(c) of this section if the entity meets the criteria for collection sites in the approved plan.
Page 25, Line 2(c) A battery stewardship program may use additional
Page 25, Line 3collection sites in excess of the minimum number of collection
Page 25, Line 4sites required for compliance with subsections (4)(b) and (4)(c) of
Page 25, Line 5this section as may be agreed between the battery stewardship organization and the applicable entity.
Page 25, Line 6(d) A battery stewardship organization may issue a warning to, suspend, or terminate a collection site that:
Page 25, Line 7(I) Does not adhere to the criteria for collection sites in the approved plan; or
Page 25, Line 8(II) Poses an immediate health and safety concern.
Page 25, Line 925-17-1009. Assessment of battery-containing products
Page 25, Line 10required. (1) On or before July 1, 2027, a battery stewardship
Page 25, Line 11organization shall complete an assessment of the opportunities
Page 25, Line 12and challenges associated with the end-of-life management of
Page 25, Line 13portable and medium-format embedded batteries in the state. A
Page 25, Line 14battery stewardship organization should, to the extent
Page 25, Line 15feasible, extrapolate findings from related studies and apply the findings to the assessment for Colorado.
Page 25, Line 16(2) In completing the assessment, a battery stewardship
Page 25, Line 17organization shall consult with the department and interested
Page 25, Line 18stakeholders and may coordinate with other battery stewardship organizations.
Page 25, Line 19(3) As part of the assessment, a battery stewardship
Page 25, Line 20organization shall identify adjustments to the battery
Page 25, Line 21stewardship program requirements established by this part 10
Page 26, Line 1that would maximize public health, safety, and environmental
Page 26, Line 2benefits. Based on the assessment, a battery stewardship
Page 26, Line 3organization may make recommendations for additional policies
Page 26, Line 4or programs to allow for collection and recycling of embedded batteries.
Page 26, Line 5(4) The assessment must consider:
Page 26, Line 6(a) The different categories and uses of battery-containing products;
Page 26, Line 7(b) Methods by which unwanted battery-containing
Page 26, Line 8products are managed in Colorado and other states and United States territories;
Page 26, Line 9(c) Challenges posed by the potential collection,
Page 26, Line 10management, and transportation of battery-containing
Page 26, Line 11products, including challenges associated with removing
Page 26, Line 12batteries that were not intended or designed to be easily removed from products other than by the manufacturer;
Page 26, Line 13(d) Which requirements of this part 10 may apply to
Page 26, Line 14battery-containing products in a manner that is identical or analogous to the requirements applicable to covered batteries;
Page 26, Line 15(e) Unique challenges based on regional population
Page 26, Line 16densities or other geographic characteristics and proposed
Page 26, Line 17solutions to such challenges that are relevant to Colorado regions and population densities;
Page 26, Line 18(f) Costs to schools and school districts, local
Page 26, Line 19governments, event venues, waste haulers, and recyclers for
Page 26, Line 20the collection of battery-containing devices and mitigation of
Page 26, Line 21littered devices; and
Page 27, Line 1(g) Recyclability and the environmental and public
Page 27, Line 2health impacts caused by the littering, collecting, and
Page 27, Line 3recycling of different types of battery-containing products,
Page 27, Line 4including identifying whether certain products involve greater
Page 27, Line 5barriers to recycling or larger safety risks to workers or the public.
Page 27, Line 6(5) The department shall submit the assessment completed
Page 27, Line 7pursuant to this section to the general assembly on or before October 1, 2027.
Page 27, Line 825-17-1010. Education and outreach requirements -
Page 27, Line 9coordination with other battery stewardship organizations - survey
Page 27, Line 10of public awareness. (1) A battery stewardship organization
Page 27, Line 11shall carry out promotional activities in support of the implementation of a battery stewardship program, including:
Page 27, Line 12(a) The development and maintenance of a website;
Page 27, Line 13(b) The development and distribution of periodic press releases and articles;
Page 27, Line 14(c) The development and placement of advertisements for use on social media or other relevant media platforms;
Page 27, Line 15(d) The development of promotional materials about the
Page 27, Line 16program and the requirements for the disposal of covered
Page 27, Line 17batteries pursuant to section 25-17-1014 to be used by persons,
Page 27, Line 18including retailers, government agencies, waste and recycling collectors, and nonprofit organizations;
Page 27, Line 19(e) The development and distribution to collection sites
Page 27, Line 20of collection site safety training procedures that are in
Page 27, Line 21compliance with state law to help ensure proper management of covered batteries at collection sites; and
Page 28, Line 1(f) The development and implementation of outreach and
Page 28, Line 2educational resources that are conceptually, linguistically,
Page 28, Line 3and culturally accurate for the communities served and that
Page 28, Line 4reach the state's diverse ethnic populations, including through
Page 28, Line 5meaningful consultation with disproportionately impacted communities.
Page 28, Line 6(2) A battery stewardship organization shall provide:
Page 28, Line 7(a) Consumer-focused educational and promotional
Page 28, Line 8materials to each collection site used by the battery
Page 28, Line 9stewardship program and to retailers that sell covered batteries or battery-containing products;
Page 28, Line 10(b) Safety information related to covered battery
Page 28, Line 11collection activities to the operator of each collection site,
Page 28, Line 12including appropriate protocols to reduce risks of spills or
Page 28, Line 13fires, response protocols in the event of a spill or fire, and
Page 28, Line 14response protocols in the event of detection of a damaged or defective battery;
Page 28, Line 15(c) Safety training materials for firefighters and first
Page 28, Line 16responders related to battery fires, response protocols in the
Page 28, Line 17event of a battery fire, and protocols for safe management of damaged or defective batteries; and
Page 28, Line 18(d) Educational materials to the operator of each
Page 28, Line 19collection site for the management of recalled batteries, which
Page 28, Line 20are not required to be collected pursuant to this part 10, to
Page 28, Line 21help facilitate the transportation and processing of recalled
Page 28, Line 22batteries.
Page 29, Line 1(3) A battery stewardship organization may seek
Page 29, Line 2reimbursement from the producer of a recalled battery for
Page 29, Line 3expenses incurred in the collection, transportation, and processing of the recalled battery.
Page 29, Line 4(4) Upon request by a retailer or other potential
Page 29, Line 5collector, a battery stewardship organization shall provide the
Page 29, Line 6retailer or other potential collector educational materials describing collection opportunities for batteries.
Page 29, Line 7(5) If multiple battery stewardship organizations are
Page 29, Line 8implementing approved plans, the organizations shall
Page 29, Line 9coordinate in carrying out their education and outreach
Page 29, Line 10responsibilities pursuant to this section and shall include a
Page 29, Line 11summary of their coordinated education and outreach efforts in the annual reports required by section 25-17-1011.
Page 29, Line 12(6) During the first year of program implementation, and
Page 29, Line 13every five years thereafter, a battery stewardship organization
Page 29, Line 14shall carry out, in coordination with the other approved
Page 29, Line 15battery stewardship organizations, a survey of public
Page 29, Line 16awareness regarding the requirements of the program
Page 29, Line 17established pursuant to this part 10. The battery stewardship
Page 29, Line 18organization shall share the results of the public awareness
Page 29, Line 19survey with the executive director through the annual reporting process described in section 25-17-1011.
Page 29, Line 2025-17-1011. Annual reporting requirements - proprietary
Page 29, Line 21information. (1) On or before June 1, 2028, and on or before each
Page 29, Line 22June 1 thereafter, a battery stewardship organization shall
Page 29, Line 23submit an annual report to the executive director covering the
Page 30, Line 1preceding calendar year of battery stewardship plan implementation. The report must include the following:
Page 30, Line 2(a) An independent third-party financial assessment of
Page 30, Line 3the program implemented by the organization, including a
Page 30, Line 4breakdown of the program's expenses, such as collection
Page 30, Line 5expenses, recycling expenses, education and outreach expenses, and overhead expenses;
Page 30, Line 6(b) A summary financial statement documenting the
Page 30, Line 7financing of the organization's program and an analysis of
Page 30, Line 8program costs and expenditures, including an analysis of the
Page 30, Line 9program's expenses, such as collection, transportation,
Page 30, Line 10recycling, education, and administrative overhead. The
Page 30, Line 11summary financial statement must be sufficiently detailed to
Page 30, Line 12show that the charges collected from producers as a result of
Page 30, Line 13the producers' activities in the state are spent on program
Page 30, Line 14implementation in the state. If the organization is implementing
Page 30, Line 15similar programs in multiple states, the organization may submit
Page 30, Line 16a financial statement including all covered states, as long as
Page 30, Line 17the statement breaks out financial information pertinent to Colorado.
Page 30, Line 18(c) The weight, by chemistry, of covered batteries collected under the program;
Page 30, Line 19(d) The weight of materials recycled from covered
Page 30, Line 20batteries collected under the program, in total and by method of battery recycling;
Page 30, Line 21(e) A calculation of the recycling efficiency rates, as
Page 30, Line 22measured in accordance with subsection (2) of this section;
Page 31, Line 1(f) A list of all facilities used in the processing and final
Page 31, Line 2disposition of covered batteries, including identification of a
Page 31, Line 3facility's location and whether the facility is located
Page 31, Line 4domestically, in an organization for economic cooperation and
Page 31, Line 5development country, or in a country that meets organization
Page 31, Line 6for economic cooperation and development operating
Page 31, Line 7standards. For domestic facilities, the organization shall
Page 31, Line 8provide a summary of the violations of environmental laws and
Page 31, Line 9regulations at each facility over the three years immediately preceding the submission of the annual report.
Page 31, Line 10(g) For each facility used in the final disposition of
Page 31, Line 11covered batteries, a description of how the facility recycled or otherwise managed batteries and battery components;
Page 31, Line 12(h) The weight and chemistry of covered batteries sent to
Page 31, Line 13each facility used for the final disposition of batteries. The
Page 31, Line 14information in this subsection (1)(h) may be approximated for
Page 31, Line 15program operations in the state based on extrapolations of
Page 31, Line 16national or regional data for programs in operation in multiple states.
Page 31, Line 17(i) The collection rate achieved under the program,
Page 31, Line 18including a description of how this collection rate is calculated
Page 31, Line 19and how it compares to the collection rate goals established pursuant to section 25-17-1006 (1)(a);
Page 31, Line 20(j) The estimated aggregate sales, by weight and
Page 31, Line 21chemistry, of covered batteries and of batteries contained in or
Page 31, Line 22with battery-containing products sold, offered for sale, or
Page 31, Line 23distributed in or into the state by participating producers for
Page 32, Line 1each of the three years immediately preceding the submission of the annual report;
Page 32, Line 2(k) A description of the manner in which the collected
Page 32, Line 3covered batteries were managed and recycled, including a
Page 32, Line 4discussion of best available technologies and recycling efficiency rate;
Page 32, Line 5(l) A description of the education and outreach efforts supporting plan implementation, including:
Page 32, Line 6(I) An evaluation of the effectiveness of education and outreach activities;
Page 32, Line 7(II) A summary of education and outreach provided to
Page 32, Line 8consumers, collection sites, manufacturers, distributors, and
Page 32, Line 9retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries;
Page 32, Line 10(III) A description of how the education and outreach efforts meet the requirements of section 25-17-1010;
Page 32, Line 11(IV) Samples of education and outreach materials;
Page 32, Line 12(V) A summary of coordinated education and outreach
Page 32, Line 13efforts with any other battery stewardship organizations implementing an approved plan; and
Page 32, Line 14(VI) A summary of any changes made to education and
Page 32, Line 15outreach activities during the calendar year immediately preceding the submission of the annual report;
Page 32, Line 16(m) A list of all collection sites used to implement the
Page 32, Line 17program, an address for each collection site, an up-to-date map
Page 32, Line 18indicating the location of each collection site, and links to
Page 32, Line 19appropriate websites where there are existing websites associated with a collection site;
Page 33, Line 1(n) A description of methods used to collect, transport, and recycle covered batteries by the organization; and
Page 33, Line 2(o) A summary of progress made toward the performance
Page 33, Line 3goals established pursuant to section 25-17-1006 and an
Page 33, Line 4explanation of why performance goals were not met, if applicable.
Page 33, Line 5(2) The weight of covered batteries or recovered
Page 33, Line 6resources from those batteries must only be counted once
Page 33, Line 7toward an organization's recycling efficiency rate and for the
Page 33, Line 8purposes of collecting charges pursuant to section 25-17-1007
Page 33, Line 9(1)(a) and may not be counted by more than one battery stewardship organization.
Page 33, Line 10(3) The executive director and an organization shall keep proprietary information provided by a producer confidential.
Page 33, Line 1125-17-1012. Annual fee - battery stewardship fund -
Page 33, Line 12responsibilities of the executive director. (1) (a) Within twelve
Page 33, Line 13months after collecting dues, and on or before each July 1
Page 33, Line 14thereafter, a battery stewardship organization shall pay to the
Page 33, Line 15department an annual fee in the amount described in subsection
Page 33, Line 16(1)(b)(I) or (1)(b)(II) of this section, as applicable. The state treasurer shall credit the annual fees to the fund.
Page 33, Line 17(b) (I) By December 31, 2026, the department shall notify
Page 33, Line 18each organization of the organization's portion of the costs in
Page 33, Line 19administering, implementing, and enforcing this part 10 as of the effective date of this part 10.
Page 33, Line 20(II) By December 31, 2027, and by December 31 of each year
Page 34, Line 1thereafter, the department shall notify each organization of
Page 34, Line 2the organization's portion of the costs of administering,
Page 34, Line 3implementing, and enforcing this part 10 during the immediately preceding year.
Page 34, Line 4(III) Upon the receipt of the department's cost accounting,
Page 34, Line 5each organization shall pay to the department an annual fee in
Page 34, Line 6the amount requested pursuant to subsection (1)(b)(I) or (1)(b)(II) of this section, as applicable.
Page 34, Line 7(2) (a) The battery stewardship fund is created in the state treasury.
Page 34, Line 8(b) The fund consists of fees paid to the department
Page 34, Line 9pursuant to subsection (1) of this section and any other money
Page 34, Line 10that the general assembly may appropriate or transfer to the fund.
Page 34, Line 11(c) The state treasurer shall credit all interest and
Page 34, Line 12income derived from the deposit and investment of money in the fund to the fund.
Page 34, Line 13(d) Subject to annual appropriation by the general
Page 34, Line 14assembly, the department may expend money from the fund to
Page 34, Line 15cover the executive director's responsibilities in implementing, administering, and enforcing this part 10, which include:
Page 34, Line 16(I) Reviewing submitted battery stewardship plans and
Page 34, Line 17plan amendments and making determinations as to whether to
Page 34, Line 18approve, disapprove, or conditionally approve the plan or plan amendment;
Page 34, Line 19(II) Reviewing annual reports submitted pursuant to
Page 34, Line 20section 25-17-1011 within ninety days after submission to ensure compliance with section 25-17-1011;
Page 35, Line 1(III) Maintaining a website that lists producers and their
Page 35, Line 2brands that participate in the approved plan and that makes
Page 35, Line 3available to the public each plan, plan amendment, revised plan,
Page 35, Line 4and annual report received by the executive director pursuant to this part 10;
Page 35, Line 5(IV) Providing technical assistance to producers and retailers related to the requirements of this part 10; and
Page 35, Line 6(V) Enforcing this part 10 pursuant to section 25-17-1015.
Page 35, Line 725-17-1013. Marking requirements for batteries - rules.
Page 35, Line 8(1) Except as otherwise provided in rules adopted by the
Page 35, Line 9commission pursuant to subsection (2) of this section, on and
Page 35, Line 10after January 1, 2027, a producer or retailer shall not sell,
Page 35, Line 11offer for sale, or distribute in or into the state a covered
Page 35, Line 12battery or battery-containing product unless the covered battery is:
Page 35, Line 13(a) Marked with an identification of the producer of the
Page 35, Line 14covered battery, unless the covered battery is less than
Page 35, Line 15one-half inch in diameter or does not contain a surface length that exceeds one-half inch; and
Page 35, Line 16(b) Marked with proper labeling to ensure proper
Page 35, Line 17collection and recycling, by identifying the chemistry of the
Page 35, Line 18covered battery and including an indication that the covered battery should not be disposed of as household waste.
Page 35, Line 19(2) The commission may adopt rules establishing marking
Page 35, Line 20requirements for covered batteries or battery-containing
Page 35, Line 21products as needed to maintain consistency with the labeling
Page 36, Line 1requirements or voluntary standards for batteries established in federal law or the laws of other states.
Page 36, Line 225-17-1014. Battery disposal and collection requirements.
Page 36, Line 3(1) On and after January 1, 2029, a person shall manage
Page 36, Line 4unwanted covered batteries through one of the following options:
Page 36, Line 5(a) Delivery to a collection site, event, or program
Page 36, Line 6established by or included in a battery stewardship program created pursuant to this part 10; or
Page 36, Line 7(b) For covered batteries that are hazardous waste as
Page 36, Line 8defined under federal or state hazardous or solid waste laws, management in a manner consistent with those laws.
Page 36, Line 9(2) On and after January 1, 2029:
Page 36, Line 10(a) A fee shall not be charged when a loose covered
Page 36, Line 11battery is delivered or collected for management. Nothing in
Page 36, Line 12this part 10 prohibits the charging of fees for battery-containing products.
Page 36, Line 13(b) A person shall collect, transport, and process
Page 36, Line 14covered batteries in accordance with this part 10, unless the
Page 36, Line 15covered batteries are hazardous waste as defined under federal or state hazardous or solid waste laws;
Page 36, Line 16(c) A person shall not knowingly cause or allow:
Page 36, Line 17(I) The mixing of a covered battery with recyclable
Page 36, Line 18materials that are intended for processing and sorting at a materials recovery facility;
Page 36, Line 19(II) The mixing of a covered battery with municipal waste
Page 36, Line 20that is intended for disposal at a sanitary landfill;
Page 37, Line 1(III) The disposal of a covered battery in a sanitary landfill;
Page 37, Line 2(IV) The mixing of a covered battery with waste that is intended for burning or incineration; or
Page 37, Line 3(V) The burning or incineration of a covered battery;
Page 37, Line 4(d) An owner or operator of a solid waste facility does
Page 37, Line 5not violate this section if the facility has posted in a
Page 37, Line 6conspicuous location a sign stating that covered batteries must
Page 37, Line 7be managed through collection sites established by a battery stewardship organization and are not accepted for disposal; and
Page 37, Line 8(e) A solid waste collector does not violate this section
Page 37, Line 9for a covered battery placed in a disposal container by a third party.
Page 37, Line 1025-17-1015. Civil penalties - enforcement. (1) A producer or
Page 37, Line 11battery stewardship organization that violates this part 10 is
Page 37, Line 12liable for a civil penalty of seven thousand dollars per
Page 37, Line 13violation; except that a failure to pay a fee pursuant to section
Page 37, Line 1425-17-1012 subjects the battery stewardship organization that
Page 37, Line 15fails to pay the fee to a civil penalty that is double the applicable fee.
Page 37, Line 16(2) (a) If a producer or battery stewardship organization
Page 37, Line 17violates this part 10, the executive director shall serve by
Page 37, Line 18personal service or by certified mail an order that imposes an administrative penalty on the producer or organization.
Page 37, Line 19(b) A producer or organization may submit a written
Page 37, Line 20request for a hearing to the executive director by personal
Page 37, Line 21service or by certified mail within thirty-five calendar days
Page 38, Line 1after the date of issuance of the order imposing an
Page 38, Line 2administrative penalty. The commission shall conduct the hearing in accordance with section 24-4-105.
Page 38, Line 3(c) If a request for a hearing is filed, the requirement to
Page 38, Line 4pay a penalty is stayed pending a final decision by the commission
Page 38, Line 5after a hearing on the merits. The executive director is not
Page 38, Line 6precluded from imposing an administrative penalty against the
Page 38, Line 7producer or organization for subsequent violations of this part 10 committed during the pendency of the stay.
Page 38, Line 8(d) The executive director bears the burden of proof by a
Page 38, Line 9preponderance of the evidence in a hearing held pursuant to this section.
Page 38, Line 10(3) The executive director may enter into a settlement
Page 38, Line 11agreement with the producer or battery stewardship organization assessed a civil penalty under this section.
Page 38, Line 12(4) The state treasurer shall credit civil penalties
Page 38, Line 13collected pursuant to this section to the Colorado circular communities cash fund created in section 25-16.5-109 (4).
Page 38, Line 14(5) Notwithstanding any law to the contrary, nothing in this part 10 creates a private right of action.
Page 38, Line 1525-17-1016. Antitrust.If a battery stewardship
Page 38, Line 16organization engages in an activity performed solely in
Page 38, Line 17furtherance of implementing an approved plan in compliance
Page 38, Line 18with this part 10, the activity is not a violation of the antitrust,
Page 38, Line 19restraint of trade, and unfair trade practices provisions of the
Page 38, Line 20"Unfair Practices Act", article 2 of title 6, or the "Colorado
Page 38, Line 21State Antitrust Act of 2023", article 4 of title 6.
Page 39, Line 125-17-1017. Collection of batteries independent of a battery
Page 39, Line 2stewardship program. (1) Nothing in this part 10 prevents or
Page 39, Line 3prohibits a person from offering or performing a fee-based,
Page 39, Line 4household collection, or a mail-back program for end-of-life
Page 39, Line 5portable batteries or medium-format batteries independently of
Page 39, Line 6a battery stewardship program, provided that the person meets the following requirements:
Page 39, Line 7(a) The person's services shall be performed, and the
Page 39, Line 8person's facilities shall be operated, in compliance with all
Page 39, Line 9applicable federal, state, and local laws and requirements,
Page 39, Line 10including all applicable federal department of transportation and environmental protection agency regulations;
Page 39, Line 11(b) The person shall make available all batteries
Page 39, Line 12collected from the person's Colorado customers to a battery stewardship organization; and
Page 39, Line 13(c) After consolidation of portable or medium-format
Page 39, Line 14batteries at the person's facilities, the transport to and
Page 39, Line 15processing of the batteries by the battery stewardship
Page 39, Line 16organization's designated sorters or processors is at the battery stewardship organization's expense.
Page 39, Line 1725-17-1018. Rules.The commission may adopt rules implementing this part 10.
Page 39, Line 18SECTION 2. Safety clause. The general assembly finds,
Page 39, Line 19determines, and declares that this act is necessary for the immediate
Page 39, Line 20preservation of the public peace, health, or safety or for appropriations for
Page 39, Line 21the support and maintenance of the departments of the state and state
Page 39, Line 22institutions.