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 17(3) The general assembly further declares that battery
Page 4, Line 18stewardship organizations established pursuant to this part 10
Page 4, Line 19are independent, nongovernmental entities and, for purposes of
Page 4, Line 20section 20 of article X of the state constitution, are not
Page 4, Line 21districts, as defined in section 20 (2)(b) of article X of the state
Page 4, Line 22constitution.
Page 5, Line 125-17-1003. Definitions - rules.As used in this part 10, unless the context otherwise requires:
Page 5, Line 2(1) "Approved plan" means a battery stewardship plan
Page 5, Line 3that has been approved by the executive director pursuant to section 25-17-1005.
Page 5, Line 4(2) "Battery-containing product" means a product sold,
Page 5, Line 5offered for sale, or distributed in or into the state that
Page 5, Line 6contains or is packaged with rechargeable or primary batteries that are covered batteries.
Page 5, Line 7(3) "Battery stewardship organization" or "organization"
Page 5, Line 8means a producer that directly implements a battery
Page 5, Line 9stewardship plan in accordance with this part 10 or a nonprofit
Page 5, Line 10organization designated by a producer or a group of producers
Page 5, Line 11to implement a battery stewardship plan in accordance with this part 10.
Page 5, Line 12(4) "Battery stewardship plan" or "plan" means a plan for
Page 5, Line 13the collection, transportation, processing, and recycling of
Page 5, Line 14covered batteries submitted to the executive director pursuant to section 25-17-1005 (1).
Page 5, Line 15(5) "Battery stewardship program" or "program" means a
Page 5, Line 16program implemented by a battery stewardship organization in accordance with an approved plan.
Page 5, Line 17(6) "Collection rate" means a percentage, by weight, of
Page 5, Line 18covered batteries that a battery stewardship organization
Page 5, Line 19collects, which is calculated by dividing the total weight of the
Page 5, Line 20covered batteries that the battery stewardship organization
Page 5, Line 21collected during the previous calendar year by the average
Page 6, Line 1annual weight of covered batteries that were estimated by the
Page 6, Line 2organization to have been sold, offered for sale, or distributed
Page 6, Line 3in or into the state during the previous three calendar years by producers participating in an approved plan.
Page 6, Line 4(7) "Commission" means the solid and hazardous waste commission created in section 25-15-302 (1)(a).
Page 6, Line 5(8) (a) "Covered battery" means a portable battery, a
Page 6, Line 6medium-format battery, or any battery sold loose or as an
Page 6, Line 7easily removable battery within a battery-containing product or a motorized device.
Page 6, Line 8(b) "Covered battery" does not include:
Page 6, Line 9(I) A battery contained within a medical device, as defined in 21 U.S.C. sec. 321 (h) as of the effective date of this part 10;
Page 6, Line 10(II) A battery that contains an electrolyte as a free liquid;
Page 6, Line 11(III) A lead-acid battery weighing more than eleven pounds;
Page 6, Line 12(IV) An embedded battery; or
Page 6, Line 13(V) A battery, assembled by or for a vehicle
Page 6, Line 14manufacturer or franchised dealer, that is designed to power a
Page 6, Line 15motor vehicle, a part of a motor vehicle, or a component part of
Page 6, Line 16a motor vehicle, including a replacement part for use in a motor vehicle.
Page 6, Line 17(9) "Damaged or defective battery" means a battery that
Page 6, Line 18has been damaged or identified by the manufacturer as being
Page 6, Line 19defective for safety reasons and that has the potential of
Page 6, Line 20producing a dangerous evolution of heat, fire, or short circuit,
Page 7, Line 1as described in 49 CFR 173.185 (f), or as updated by the
Page 7, Line 2commission by rule to maintain consistency with federal standards.
Page 7, Line 3(10) "Department" means the department of public health and environment created in section 25-1-102.
Page 7, Line 4(11) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).
Page 7, Line 5(12) "Easily removable" means a battery that is intended
Page 7, Line 6or designed by the manufacturer to be removable by the user of the battery with no more than commonly used household tools.
Page 7, Line 7(13) "Embedded battery" means a battery that is
Page 7, Line 8contained in a product and that is not designed to be easily removable.
Page 7, Line 9(14) "Executive director" means the executive director of the department.
Page 7, Line 10(15) "Fund" means the battery stewardship fund created in section 25-17-1012 (2)(a).
Page 7, Line 11(16) "Household hazardous waste facility" means a
Page 7, Line 12facility that is subject to federal and state regulations and
Page 7, Line 13rules that ensure that the facility is collecting universal
Page 7, Line 14waste, including universal waste batteries, in a manner that
Page 7, Line 15prevents the harmful impact of improper disposal of the
Page 7, Line 16universal waste and pursuant to federal and state regulations and rules governing universal waste handlers.
Page 7, Line 17(17) "Local government" means a county, city, town, city and county, or special district within the state of Colorado.
Page 7, Line 18(18) "Materials recovery facility" means a facility that
Page 8, Line 1processes materials that are collected for recycling before being conveyed to end-market businesses.
Page 8, Line 2(19) "Medium-format battery" means the following primary or rechargeable covered batteries:
Page 8, Line 3(a) For primary batteries, a battery weighing at least
Page 8, Line 4four and four-tenths pounds and no more than twenty-five pounds; or
Page 8, Line 5(b) For rechargeable batteries, a battery weighing:
Page 8, Line 6(I) More than eleven pounds or having a rating of more than three hundred watt-hours, or both; and
Page 8, Line 7(II) No more than twenty-five pounds and having a rating of no more than two thousand watt-hours.
Page 8, Line 8(20) "Portable battery" means the following primary or rechargeable covered batteries:
Page 8, Line 9(a) For primary batteries, a battery weighing no more than four and four-tenths pounds; or
Page 8, Line 10(b) For rechargeable batteries, a battery weighing no
Page 8, Line 11more than eleven pounds and having a rating of no more than three hundred watt-hours.
Page 8, Line 12(21) "Primary battery" means a battery that is not capable of being recharged.
Page 8, Line 13(22) (a) "Producer" means:
Page 8, Line 14(I) For covered batteries sold, offered for sale, or distributed in or into the state:
Page 8, Line 15(A) If the covered battery is sold, offered for sale, or
Page 8, Line 16distributed in or into the state under the brand of the battery
Page 8, Line 17manufacturer, the producer is the person that manufactures the battery;
Page 9, Line 1(B) If the covered battery is sold, offered for sale, or
Page 9, Line 2distributed in or into the state under a retail brand or under a
Page 9, Line 3brand owned by a person other than the battery manufacturer, the producer is the brand owner;
Page 9, Line 4(C) If there is no person that subsection (22)(a)(I)(A) or
Page 9, Line 5(22)(a)(I)(B) of this section applies to, the producer is the licensee
Page 9, Line 6of the brand or trademark under which the covered battery is
Page 9, Line 7sold, offered for sale, or distributed in or into the state, regardless of whether the trademark is registered in the state;
Page 9, Line 8(D) If there is no person in the United States that
Page 9, Line 9subsection (22)(a)(I)(A), (22)(a)(I)(B), or (22)(a)(I)(C) of this section
Page 9, Line 10applies to, the producer is the person that is the importer of record for the covered battery into the United States; and
Page 9, Line 11(E) If there is no person with a commercial presence in the
Page 9, Line 12state that subsection (22)(a)(I)(A), (22)(a)(I)(B), (22)(a)(I)(C), or
Page 9, Line 13(22)(a)(I)(D) of this section applies to, the producer is the person
Page 9, Line 14that first sells, offers for sale, or distributes the covered battery in or into the state; and
Page 9, Line 15(II) For covered battery-containing products sold, offered for sale, or distributed in or into the state:
Page 9, Line 16(A) If the battery-containing product is sold, offered for
Page 9, Line 17sale, or distributed in or into the state under the brand of the
Page 9, Line 18product manufacturer, the producer is the person that manufactures the battery-containing product;
Page 9, Line 19(B) If the battery-containing product is sold, offered for
Page 9, Line 20sale, or distributed in or into the state under a retail brand or
Page 10, Line 1under a brand owned by a person other than the product manufacturer, the producer is the brand owner;
Page 10, Line 2(C) If there is no person that subsection (22)(a)(II)(A) or
Page 10, Line 3(22)(a)(II)(B) of this section applies to, the producer is the
Page 10, Line 4licensee of the brand or trademark under which the
Page 10, Line 5battery-containing product is sold, offered for sale, or
Page 10, Line 6distributed in or into the state, regardless of whether the trademark is registered in the state;
Page 10, Line 7(D) If there is no person in the United States that
Page 10, Line 8subsection (22)(a)(II)(A), (22)(a)(II)(B), or (22)(a)(II)(C) of this
Page 10, Line 9section applies to, the producer is the person that is the importer
Page 10, Line 10of record for the battery-containing product into the United States; and
Page 10, Line 11(E) If there is no person with a commercial presence in the
Page 10, Line 12state that subsection (22)(a)(II)(A), (22)(a)(II)(B), (22)(a)(II)(C), or
Page 10, Line 13(22)(a)(II)(D) of this section applies to, the producer is the person
Page 10, Line 14that first sells, offers for sale, or distributes the battery-containing product in or into the state.
Page 10, Line 15(b) "Producer" does not include a person that only
Page 10, Line 16manufactures, sells, offers for sale, distributes, or imports in or into the state a battery-containing product if:
Page 10, Line 17(I) The only batteries contained in or supplied with the
Page 10, Line 18battery-containing product are supplied by a producer that has
Page 10, Line 19joined a battery stewardship organization with an approved
Page 10, Line 20plan acknowledging that the producer is the producer for that covered battery pursuant to this part 10; and
Page 10, Line 21(II) The producer provides written certification to both
Page 11, Line 1the person described in this subsection (22)(b) and the battery stewardship organization of which the producer is a member.
Page 11, Line 2(c) A person is not the producer of a covered battery or
Page 11, Line 3battery-containing product sold, offered for sale, or
Page 11, Line 4distributed in or into the state if another party has
Page 11, Line 5contractually accepted responsibility as a producer and has
Page 11, Line 6joined a battery stewardship organization with an approved
Page 11, Line 7plan acknowledging that the other party is the producer for
Page 11, Line 8that covered battery or battery-containing product pursuant to this part 10.
Page 11, Line 9(23) "Proprietary information" has the meaning set forth in section 25-17-703 (34).
Page 11, Line 10(24) "Rechargeable battery" means a battery that
Page 11, Line 11contains one or more voltaic or galvanic cells, which are
Page 11, Line 12electrically connected to produce electric energy and designed to be recharged.
Page 11, Line 13(25) "Recycling" has the meaning set forth in section 25-17-703 (37).
Page 11, Line 14(26) "Recycling efficiency rate" means the ratio of the
Page 11, Line 15weight of components and materials recycled by a battery
Page 11, Line 16stewardship organization from covered batteries to the weight
Page 11, Line 17of covered batteries as collected by the battery stewardship organization.
Page 11, Line 18(27) "Retailer" means a person that sells covered
Page 11, Line 19batteries or battery-containing products in or into the state,
Page 11, Line 20including sales made through an internet transaction, or offers
Page 11, Line 21or otherwise makes available covered batteries or battery-containing products to a customer in the state.
Page 12, Line 1(28) "Universal waste" has the meaning set forth in 40 CFR 273.9.
Page 12, Line 2(29) "Universal waste battery" means a waste battery
Page 12, Line 3generated by a nonresidential entity, such as a business, school,
Page 12, Line 4or government agency, that is managed as universal waste
Page 12, Line 5regulated in accordance with the commission's rules governing standards for universal waste management.
Page 12, Line 6(30) "Universal waste handler" means the owner or
Page 12, Line 7operator of a facility that receives, accumulates, and sends
Page 12, Line 8universal waste to another universal waste handler, a
Page 12, Line 9destination facility, or a foreign destination in accordance with
Page 12, Line 10the commission's rules governing standards for universal waste management.
Page 12, Line 11(31) "Written certification" means written certification by a producer that:
Page 12, Line 12(a) The producer is a member of a battery stewardship organization; and
Page 12, Line 13(b) A covered battery or battery-containing product is
Page 12, Line 14marked in accordance with section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
Page 12, Line 1525-17-1004. Requirement that producers participate in a
Page 12, Line 16battery stewardship plan - retailer requirements - no point-of-sale fees. (1) On and after August 1, 2027:
Page 12, Line 17(a) A producer selling, making available for sale, or
Page 12, Line 18distributing covered batteries or battery-containing products
Page 12, Line 19in or into the state shall participate in and finance a battery
Page 13, Line 1stewardship organization that has submitted a plan pursuant to section 25-17-1005 (1)(a); and
Page 13, Line 2(b) Except as provided in section 25-17-1003 (22)(b) and
Page 13, Line 3(22)(c), a producer shall not sell, make available for sale, or
Page 13, Line 4distribute covered batteries or battery-containing products in
Page 13, Line 5or into the state unless that producer participates in a battery stewardship organization and a battery stewardship plan.
Page 13, Line 6(2) (a) On and after July 1, 2029, a retailer shall not sell,
Page 13, Line 7offer for sale, distribute, or otherwise make available for sale
Page 13, Line 8a covered battery or battery-containing product in the state
Page 13, Line 9unless the producer of the covered battery or
Page 13, Line 10battery-containing product is participating in a battery stewardship organization with an approved plan.
Page 13, Line 11(b) A retailer does not violate subsection (2)(a) of this
Page 13, Line 12section if the list provided by the executive director in
Page 13, Line 13accordance with section 25-17-1012 (2)(d)(III) includes, as of the
Page 13, Line 14date a product sold by the retailer is made available for retail
Page 13, Line 15sale, the producer or brand of covered battery or battery-containing product as a participant in an approved plan.
Page 13, Line 16(c) (I) A retailer of a covered battery or a
Page 13, Line 17battery-containing product is not required to make a retail
Page 13, Line 18location available to serve as a collection site for a battery stewardship program.
Page 13, Line 19(II) A retailer that offers a retail location that serves as
Page 13, Line 20a collection site must comply with an approved battery
Page 13, Line 21stewardship plan and the requirements for collection sites
Page 13, Line 22described in section 25-17-1008.
Page 14, Line 1(d) A retailer shall not sell, offer for sale, distribute, or
Page 14, Line 2otherwise make available for sale a covered battery or
Page 14, Line 3battery-containing product unless the covered battery or
Page 14, Line 4battery-containing product is marked in accordance with
Page 14, Line 5section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
Page 14, Line 6(e) (I) A battery stewardship organization shall make
Page 14, Line 7information available to a retailer for voluntary use that the
Page 14, Line 8retailer may use to inform customers of available end-of-life
Page 14, Line 9management options for covered batteries collected by the
Page 14, Line 10battery stewardship organization, which information must
Page 14, Line 11include in-store signage, written materials, and other promotional materials.
Page 14, Line 12(II) A retailer selling, offering for sale, distributing, or
Page 14, Line 13otherwise making available a covered battery or
Page 14, Line 14battery-containing product may provide the information
Page 14, Line 15described in subsection (2)(e)(I) of this section to customers and the public.
Page 14, Line 16(3) A retailer, producer, or battery stewardship
Page 14, Line 17organization shall not charge a point-of-sale fee to consumers
Page 14, Line 18to cover the administrative or operational costs of a battery stewardship organization or a battery stewardship program.
Page 14, Line 1925-17-1005. Battery stewardship plans - review and approval
Page 14, Line 20by the executive director. (1) No later than July 1, 2027, and every
Page 14, Line 21five years thereafter, a battery stewardship organization shall
Page 14, Line 22submit to the executive director a plan for the collection,
Page 14, Line 23transportation, processing, and recycling of covered batteries
Page 15, Line 1under a battery stewardship program. The executive director
Page 15, Line 2shall review and approve, disapprove, or conditionally approve a plan based on whether the plan:
Page 15, Line 3(a) Lists and provides contact information for each
Page 15, Line 4producer, covered battery brand, and battery-containing
Page 15, Line 5product brand covered by the plan, including identifying
Page 15, Line 6producers that have contractually accepted responsibility as a producer in accordance with section 25-17-1003 (22)(c);
Page 15, Line 7(b) Proposes performance goals that are consistent with
Page 15, Line 8section 25-17-1006, including establishing performance goals for
Page 15, Line 9each of the five calendar years after the plan is submitted to the executive director;
Page 15, Line 10(c) Describes how the organization will make retailers
Page 15, Line 11aware of the obligation described in section 25-17-1004 (2)(a) to
Page 15, Line 12sell only covered batteries and battery-containing products of producers participating in an approved plan;
Page 15, Line 13(d) Describes the education and communications strategy
Page 15, Line 14being implemented pursuant to section 25-17-1010 to promote
Page 15, Line 15participation in the approved plan and to provide the
Page 15, Line 16information necessary for effective participation of consumers, retailers, and others;
Page 15, Line 17(e) Describes how the organization will make signage,
Page 15, Line 18written materials, and other promotional materials available
Page 15, Line 19to collection sites so that collection sites may use the
Page 15, Line 20materials to inform consumers of available end-of-life
Page 15, Line 21management options for covered batteries collected by the
Page 15, Line 22organization;
Page 16, Line 1(f) Lists promotional activities to be undertaken by the
Page 16, Line 2organization, including the identification of consumer
Page 16, Line 3awareness goals and strategies that the organization will employ to achieve these goals when the program is implemented;
Page 16, Line 4(g) Includes collection site safety training procedures
Page 16, Line 5related to covered battery collection activities at collection
Page 16, Line 6sites, including a description of operating protocols to reduce
Page 16, Line 7the risk of a spill or fire, response protocols in the event of a
Page 16, Line 8spill or fire, and protocols for safe management of damaged or defective batteries that are returned to collection sites;
Page 16, Line 9(h) Describes the method to establish and administer a
Page 16, Line 10means for fully funding the program in a manner that equitably
Page 16, Line 11distributes the program's costs among the producers
Page 16, Line 12participating in the organization, including a description of the
Page 16, Line 13charges collected from producers pursuant to section
Page 16, Line 1425-17-1007 (1). If a producer chooses to directly implement a plan
Page 16, Line 15individually without designating a nonprofit organization, the
Page 16, Line 16plan must describe the proposed method to establish and administer a means for fully funding the program.
Page 16, Line 17(i) Describes how the program will collect all covered
Page 16, Line 18types and brands of covered batteries on a free, continuous,
Page 16, Line 19convenient, visible, and accessible basis, and in accordance with
Page 16, Line 20section 25-17-1008, including a description of how the statewide
Page 16, Line 21collection opportunities described in section 25-17-1008 (4)(b)
Page 16, Line 22and (4)(c) will be met and a list of the names and addresses of collection sites participating in the program;
Page 16, Line 23(j) Describes how the program will work with materials
Page 17, Line 1recovery facilities and secondary processors to properly
Page 17, Line 2process and transport for recycling any covered batteries
Page 17, Line 3improperly sent to the facilities through the waste or recycling streams;
Page 17, Line 4(k) Provides an explanation for any delay anticipated by
Page 17, Line 5the organization for the implementation of the management of
Page 17, Line 6medium-format batteries such that the implementation will not
Page 17, Line 7begin within six months after the plan is approved, including a
Page 17, Line 8delay in the ability to collect, package, transport, or process
Page 17, Line 9medium-format batteries in accordance with this part 10, and
Page 17, Line 10establishes an expected date of compliance for the management
Page 17, Line 11of medium-format batteries that is no later than January 1, 2029, if a delay occurs;
Page 17, Line 12(l) Describes the criteria to be used by the program to
Page 17, Line 13determine whether an entity may serve as a collection site for covered batteries under the program;
Page 17, Line 14(m) Identifies proposed service providers, such as sorters,
Page 17, Line 15transporters, and processors, to be used by the program for the
Page 17, Line 16final disposition of covered batteries and proposed provisions
Page 17, Line 17for record keeping, tracking, and documenting the fate of collected covered batteries;
Page 17, Line 18(n) Details how the program will achieve a recycling
Page 17, Line 19efficiency rate of at least sixty percent for rechargeable batteries and at least seventy percent for primary batteries;
Page 17, Line 20(o) Proposes goals for increasing public awareness of the
Page 17, Line 21program and describes how the public education and outreach
Page 17, Line 22components of the program required by section 25-17-1010 will be implemented; and
Page 18, Line 1(p) If the performance goals described in section
Page 18, Line 225-17-1006, and as approved in the battery stewardship plan,
Page 18, Line 3have not been met, includes corrective measures to be
Page 18, Line 4implemented by the organization to meet its performance goals,
Page 18, Line 5which may include improvements to the collection site network or increased expenditures dedicated to education and outreach.
Page 18, Line 6(2) A battery stewardship organization must provide plan
Page 18, Line 7amendments to the executive director for approval when
Page 18, Line 8proposing changes to the performance goals described in section
Page 18, Line 925-17-1006 based on the experience of the program, including the
Page 18, Line 10experience of the program during the six months before the
Page 18, Line 11submission of the amendments, or when there is a change to the
Page 18, Line 12method of financing the program pursuant to section 25-17-1007 (1).
Page 18, Line 13(3) (a) The executive director shall review battery
Page 18, Line 14stewardship plans and plan amendments for compliance with this
Page 18, Line 15part 10 and shall approve, disapprove, or conditionally approve
Page 18, Line 16a plan or a plan amendment within one hundred twenty days
Page 18, Line 17after receipt of the plan or plan amendment; except that, if
Page 18, Line 18multiple plans are submitted, the review timeline is extended by sixty days.
Page 18, Line 19(b) If the executive director disapproves a battery
Page 18, Line 20stewardship plan or plan amendment, the executive director
Page 18, Line 21shall provide a written notice of disapproval explaining how the
Page 18, Line 22plan or plan amendment does not comply with this part 10. The
Page 18, Line 23battery stewardship organization shall submit to the executive
Page 19, Line 1director a revised plan, plan amendment, or notice of plan
Page 19, Line 2withdrawal within sixty days after the date that the written
Page 19, Line 3notice of disapproval is issued. The executive director shall
Page 19, Line 4review a revised plan or plan amendment within ninety days
Page 19, Line 5after the organization submits the revised plan, plan amendment, or notice of plan withdrawal.
Page 19, Line 6(c) If a revised plan is disapproved by the executive
Page 19, Line 7director, a producer operating under the plan is not in
Page 19, Line 8compliance with this part 10 until the executive director
Page 19, Line 9approves a plan submitted by an organization that covers the
Page 19, Line 10producer or the producer's battery brand or battery-containing product brand.
Page 19, Line 11(d) If a plan, plan amendment, or revised plan is submitted
Page 19, Line 12to the executive director pursuant to this section, the executive
Page 19, Line 13director shall make the plan, plan amendment, or revised plan
Page 19, Line 14available for public review and comment for at least thirty days.
Page 19, Line 15(e) A battery stewardship organization shall provide
Page 19, Line 16written notification to the executive director within thirty
Page 19, Line 17days after a producer begins to participate or ceases to
Page 19, Line 18participate in the organization or after the adding or removing of a processor or transporter.
Page 19, Line 1925-17-1006. Performance goals. (1) A battery stewardship
Page 19, Line 20plan must include performance goals that measure, on an
Page 19, Line 21annual basis, the achievements of the battery stewardship program, including:
Page 19, Line 22(a) The collection rate for covered batteries by the
Page 20, Line 1program, including target collection rates for primary batteries and rechargeable batteries;
Page 20, Line 2(b) The recycling efficiency rate of the program,
Page 20, Line 3including target recycling efficiency rates of at least sixty
Page 20, Line 4percent for rechargeable batteries and at least seventy percent for primary batteries; and
Page 20, Line 5(c) Public awareness of the program, including goals for
Page 20, Line 6public awareness, convenience, and accessibility that meet or
Page 20, Line 7exceed the minimum requirements established in section 25-17-1010.
Page 20, Line 8(2) A battery stewardship organization shall meet the
Page 20, Line 9performance goals established pursuant to the organization's
Page 20, Line 10approved plan and shall not reduce or cease collection,
Page 20, Line 11education and outreach, or other activities implemented under
Page 20, Line 12an approved plan based on the achievement of performance goals.
Page 20, Line 1325-17-1007. Collection of charges - reimbursement of
Page 20, Line 14collection sites and electronic waste recyclers. (1) (a) A battery
Page 20, Line 15stewardship organization implementing a battery stewardship
Page 20, Line 16plan on behalf of producers shall develop and administer a
Page 20, Line 17system to collect charges from participating producers to cover the costs of program implementation, including:
Page 20, Line 18(I) Covered battery collection, sortation,
Page 20, Line 19transportation, processing, and recycling in a manner that is safe for public health and the environment;
Page 20, Line 20(II) Education and outreach;
Page 20, Line 21(III) Program administration, evaluation, and reporting; and
Page 21, Line 1(IV) Payment of annual fees to the department pursuant to section 25-17-1012 (1).
Page 21, Line 2(b) A battery stewardship organization is responsible for
Page 21, Line 3all costs of a battery stewardship program, including the costs described in subsection (1)(a) of this section.
Page 21, Line 4(2) (a) A battery stewardship organization shall
Page 21, Line 5reimburse a participating collection site, as described in section 25-17-1008, for:
Page 21, Line 6(I) Demonstrable costs incurred by a local government
Page 21, Line 7serving as a collection site, a solid waste facility, or a local
Page 21, Line 8government's designated collection site as a result of
Page 21, Line 9implementing a battery stewardship program, including
Page 21, Line 10associated labor costs and other costs associated with accessibility and collection site standards such as storage; and
Page 21, Line 11(II) Costs of agreed-upon education and outreach.
Page 21, Line 12(b) Notwithstanding any law to the contrary, a local
Page 21, Line 13government is not required to serve as a collection site pursuant to this part 10.
Page 21, Line 14(c) A battery stewardship organization shall, at a
Page 21, Line 15minimum, provide collection sites with appropriate containers
Page 21, Line 16for covered batteries subject to its program as well as training,
Page 21, Line 17signage, safety guidance, and educational materials at no cost to the collection sites.
Page 21, Line 18(3) A battery stewardship organization shall reimburse
Page 21, Line 19electronic waste recyclers for the costs to remove and recycle
Page 21, Line 20covered batteries from battery-containing products.
Page 22, Line 125-17-1008. Collection site requirements - statewide collection
Page 22, Line 2opportunities - minimum amount of collection sites. (1) (a) A
Page 22, Line 3battery stewardship organization implementing a battery
Page 22, Line 4stewardship plan shall provide the collection of covered
Page 22, Line 5batteries, including all types and brands of covered batteries,
Page 22, Line 6on a free, continuous, convenient, visible, and accessible basis to any person.
Page 22, Line 7(b) Except as provided in subsection (3) of this section, a
Page 22, Line 8battery stewardship plan must arrange for the collection of
Page 22, Line 9each type and brand of covered battery from a person at a
Page 22, Line 10collection site in accordance with the statewide collection
Page 22, Line 11opportunities described in subsections (4)(b) and (4)(c) of this section.
Page 22, Line 12(2) (a) For each collection site used by a battery
Page 22, Line 13stewardship program, the battery stewardship organization implementing the program shall:
Page 22, Line 14(I) Provide suitable collection containers for covered
Page 22, Line 15batteries so that the covered batteries are segregated from other solid waste; or
Page 22, Line 16(II) Make mutually agreeable alternative arrangements
Page 22, Line 17with the collection site for the collection of covered batteries at the collection site.
Page 22, Line 18(b) The location of the collection containers described in subsection (2)(a) of this section must be:
Page 22, Line 19(I) Within view of an individual who has been designated
Page 22, Line 20by the organization hosting the collection site as responsible
Page 22, Line 21for complying with the safe collection of batteries; and
Page 23, Line 1(II) Accompanied by signage that is made available to the
Page 23, Line 2collection site by the organization and that informs consumers
Page 23, Line 3regarding the end-of-life management options for covered batteries collected by the collection site.
Page 23, Line 4(3) (a) Medium-format batteries must be collected at
Page 23, Line 5household hazardous waste facilities or other staffed
Page 23, Line 6collection sites or events that meet applicable federal, state, and local regulatory requirements.
Page 23, Line 7(b) Damaged or defective batteries must be collected at
Page 23, Line 8collection sites and events staffed by individuals trained to handle and ship those batteries.
Page 23, Line 9(4) (a) (I) A battery stewardship organization implementing a battery stewardship plan shall:
Page 23, Line 10(A) Ensure statewide collection opportunities for all
Page 23, Line 11covered batteries in accordance with subsections (4)(b) and (4)(c) of this section; and
Page 23, Line 12(B) For the purposes of providing efficient delivery of
Page 23, Line 13services and avoiding unnecessary duplication of effort and
Page 23, Line 14expense, coordinate activities with other program operators,
Page 23, Line 15including covered battery collectors, recycling programs, and
Page 23, Line 16electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries.
Page 23, Line 17(II) A battery stewardship organization shall determine
Page 23, Line 18statewide collection opportunities through geographic
Page 23, Line 19information modeling that considers permanent collection sites.
Page 23, Line 20(III) A battery stewardship program may rely, in part, on
Page 24, Line 1collection events to supplement the collection site criteria
Page 24, Line 2required by subsections (4)(b) and (4)(c) of this section. Only
Page 24, Line 3permanent collection services specified in subsections (4)(b) and
Page 24, Line 4(4)(c) of this section satisfy the requirements of this subsection (4)(a).
Page 24, Line 5(b) Within six months after a battery stewardship plan is
Page 24, Line 6approved pursuant to section 25-17-1005 (1) and no later than
Page 24, Line 7October 1, 2028, a battery stewardship organization shall
Page 24, Line 8provide statewide collection opportunities for portable batteries that include:
Page 24, Line 9(I) At least one permanent collection site for portable
Page 24, Line 10batteries within a fifteen-mile radius for at least ninety-five percent of the state's residents; and
Page 24, Line 11(II) At least one permanent collection site or a collection
Page 24, Line 12service, or one collection event per year, for portable batteries
Page 24, Line 13in addition to those required by subsection (4)(b)(I) of this section for every thirty thousand residents of a county.
Page 24, Line 14(c) (I) Within six months after a battery stewardship plan
Page 24, Line 15is approved pursuant to section 25-17-1005 (1) and no later than
Page 24, Line 16January 1, 2029, a battery stewardship organization shall
Page 24, Line 17provide statewide collection opportunities for medium-format batteries that include:
Page 24, Line 18(A) At least fifteen permanent collection sites in the state;
Page 24, Line 19(B) Reasonable geographic dispersion of collection sites throughout the state;
Page 24, Line 20(C) A permanent collection site in each county of at least
Page 25, Line 1one hundred fifty thousand persons, as determined by the most recent federal decennial census; and
Page 25, Line 2(D) Service to areas without a permanent collection site.
Page 25, Line 3(II) A battery stewardship organization shall ensure that
Page 25, Line 4there is a collection event for medium-format batteries,
Page 25, Line 5including damaged or defective medium-format batteries, at
Page 25, Line 6least once annually in each county of the state that does not have a permanent collection site.
Page 25, Line 7(d) The statewide collection opportunities set forth in
Page 25, Line 8subsections (4)(b) and (4)(c) of this section may be satisfied by
Page 25, Line 9the collection locations participating in a household battery
Page 25, Line 10recycling program sponsored by the executive director or a local government.
Page 25, Line 11(5) Each collection site must meet applicable federal, state, and local regulatory requirements.
Page 25, Line 12(6) (a) If cost-effective, mutually agreeable, and
Page 25, Line 13otherwise practicable, a battery stewardship organization
Page 25, Line 14shall use existing public and private waste collection services
Page 25, Line 15and facilities in implementing a battery stewardship program,
Page 25, Line 16including collection sites that are established through other
Page 25, Line 17battery collection services, transporters, consolidators, processors, electronic waste recyclers, and retailers.
Page 25, Line 18(b) Upon the submission of a request by an entity to serve
Page 25, Line 19as a collection site, a battery stewardship program shall use
Page 25, Line 20the entity as a collection site for covered batteries for up to
Page 25, Line 21the minimum number of collection sites required for compliance
Page 25, Line 22with subsections (4)(b) and (4)(c) of this section if the entity meets the criteria for collection sites in the approved plan.
Page 26, Line 1(c) A battery stewardship program may use additional
Page 26, Line 2collection sites in excess of the minimum number of collection
Page 26, Line 3sites required for compliance with subsections (4)(b) and (4)(c) of
Page 26, Line 4this section as may be agreed between the battery stewardship organization and the applicable entity.
Page 26, Line 5(d) (I) The department may issue a warning to, suspend, or terminate a collection site that:
Page 26, Line 6(A) Does not adhere to the criteria for collection sites in the approved plan; or
Page 26, Line 7(B) Poses an immediate health and safety concern.
Page 26, Line 8(II) A battery stewardship organization shall report a
Page 26, Line 9noncompliant site to the department for review and potential
Page 26, Line 10enforcement action. The battery stewardship organization
Page 26, Line 11shall suspend services to the site at the time the battery
Page 26, Line 12stewardship organization reports the site to the department and until the site comes into compliance.
Page 26, Line 1325-17-1009. Assessment of battery-containing products
Page 26, Line 14required. (1) On or before December 1, 2028, a battery
Page 26, Line 15stewardship organization shall complete an assessment of the
Page 26, Line 16opportunities and challenges associated with the end-of-life
Page 26, Line 17management of portable and medium-format embedded batteries
Page 26, Line 18in the state. A battery stewardship organization should, to the
Page 26, Line 19extent feasible, extrapolate findings from related studies,
Page 26, Line 20including those conducted within Colorado, and apply the findings to the assessment for Colorado.
Page 26, Line 21(2) In completing the assessment, a battery stewardship
Page 27, Line 1organization shall consult with the department and interested
Page 27, Line 2stakeholders and may coordinate with other battery stewardship organizations.
Page 27, Line 3(3) As part of the assessment, a battery stewardship
Page 27, Line 4organization shall identify adjustments to the battery
Page 27, Line 5stewardship program requirements established by this part 10
Page 27, Line 6that would maximize public health, safety, and environmental benefits.
Page 27, Line 7(4) The assessment must consider:
Page 27, Line 8(a) The different categories and uses of battery-containing products;
Page 27, Line 9(b) Methods by which unwanted battery-containing
Page 27, Line 10products are managed in Colorado and other states and United States territories;
Page 27, Line 11(c) Challenges posed by the potential collection in rural
Page 27, Line 12and urban areas, management, and transportation of
Page 27, Line 13battery-containing products, including challenges associated
Page 27, Line 14with removing batteries that were not intended or designed to
Page 27, Line 15be easily removed from products other than by the manufacturer;and
Page 27, Line 16(d) Which requirements of this part 10 may apply to
Page 27, Line 17battery-containing products in a manner that is identical or analogous to the requirements applicable to covered batteries.
Page 27, Line 19(5) The department shall submit the assessment completed
Page 27, Line 20pursuant to this section to the general assembly on or before March 1, 2028.
Page 28, Line 125-17-1010. Education and outreach requirements -
Page 28, Line 2coordination with other battery stewardship organizations - survey
Page 28, Line 3of public awareness. (1) A battery stewardship organization
Page 28, Line 4shall carry out promotional activities in support of the implementation of a battery stewardship program, including:
Page 28, Line 5(a) The development and maintenance of a website;
Page 28, Line 6(b) The development and distribution of periodic press releases and articles;
Page 28, Line 7(c) The development and placement of advertisements for use on social media or other relevant media platforms;
Page 28, Line 8(d) The development of promotional materials about the
Page 28, Line 9program and the requirements for the disposal of covered
Page 28, Line 10batteries pursuant to section 25-17-1014 to be used by persons,
Page 28, Line 11including retailers, government agencies, waste and recycling collectors, and nonprofit organizations;
Page 28, Line 12(e) The development and distribution to collection sites
Page 28, Line 13of collection site safety training procedures that are in
Page 28, Line 14compliance with stateand local law to help ensure proper management of covered batteries at collection sites; and
Page 28, Line 15(f) The development and implementation of outreach and
Page 28, Line 16educational resources that are conceptually, linguistically,
Page 28, Line 17and culturally accurate for the communities served and that
Page 28, Line 18reach the state's diverse ethnic populations, including through
Page 28, Line 19meaningful consultation with disproportionately impacted communities.
Page 28, Line 20(2) A battery stewardship organization shall provide:
Page 29, Line 1(a) Consumer-focused educational and promotional
Page 29, Line 2materials to each collection site used by the battery
Page 29, Line 3stewardship program and to retailers that sell covered batteries or battery-containing products;
Page 29, Line 4(b) Safety information related to covered battery
Page 29, Line 5collection activities to the operator of each collection site,
Page 29, Line 6including appropriate protocols to reduce risks of spills or
Page 29, Line 7fires, response protocols in the event of a spill or fire, and
Page 29, Line 8response protocols in the event of detection of a damaged or defective battery;
Page 29, Line 9(c) Safety training materials for firefighters and first
Page 29, Line 10responders related to battery fires, response protocols in the
Page 29, Line 11event of a battery fire, and protocols for safe management of covered and damaged or defective batteries; and
Page 29, Line 12(d) Educational materials to the operator of each
Page 29, Line 13collection site for the management of recalled batteries, which
Page 29, Line 14are not required to be collected pursuant to this part 10, to
Page 29, Line 15help facilitate the transportation and processing of recalled batteries.
Page 29, Line 16(3) A battery stewardship organization may seek
Page 29, Line 17reimbursement from the producer of a recalled battery for
Page 29, Line 18expenses incurred in the collection, transportation, and processing of the recalled battery.
Page 29, Line 19(4) Upon request by a retailer or other potential
Page 29, Line 20collector, a battery stewardship organization shall provide the
Page 29, Line 21retailer or other potential collector educational materials
Page 29, Line 22describing collection opportunities for batteries.
Page 30, Line 1(5) If multiple battery stewardship organizations are
Page 30, Line 2implementing approved plans, the organizations shall
Page 30, Line 3coordinate in carrying out their education and outreach
Page 30, Line 4responsibilities pursuant to this section and shall include a
Page 30, Line 5summary of their coordinated education and outreach efforts in the annual reports required by section 25-17-1011.
Page 30, Line 6(6) During the first year of program implementation, and
Page 30, Line 7every five years thereafter, a battery stewardship organization
Page 30, Line 8shall carry out, in coordination with the other approved
Page 30, Line 9battery stewardship organizations, a survey of public
Page 30, Line 10awareness regarding the requirements of the program
Page 30, Line 11established pursuant to this part 10. The battery stewardship
Page 30, Line 12organization shall share the results of the public awareness
Page 30, Line 13survey with the executive director through the annual reporting process described in section 25-17-1011.
Page 30, Line 1425-17-1011. Annual reporting requirements - proprietary
Page 30, Line 15information. (1) On or before June 1, 2029, and on or before each
Page 30, Line 16June 1 thereafter, a battery stewardship organization shall
Page 30, Line 17submit an annual report to the executive director covering the
Page 30, Line 18preceding calendar year of battery stewardship plan implementation. The report must include the following:
Page 30, Line 19(a) An independent third-party financial assessment of
Page 30, Line 20the program implemented by the organization, including a
Page 30, Line 21breakdown of the program's expenses, such as collection
Page 30, Line 22expenses, recycling expenses, education and outreach expenses, and overhead expenses;
Page 30, Line 23(b) A summary financial statement documenting the
Page 31, Line 1financing of the organization's program and an analysis of
Page 31, Line 2program costs and expenditures, including an analysis of the
Page 31, Line 3program's expenses, such as collection, transportation,
Page 31, Line 4recycling, education, and administrative overhead. The
Page 31, Line 5summary financial statement must be sufficiently detailed to
Page 31, Line 6show that the charges collected from producers as a result of
Page 31, Line 7the producers' activities in the state are spent on program
Page 31, Line 8implementation in the state. If the organization is implementing
Page 31, Line 9similar programs in multiple states, the organization may submit
Page 31, Line 10a financial statement including all covered states, as long as
Page 31, Line 11the statement breaks out financial information pertinent to Colorado.
Page 31, Line 12(c) The weight, by chemistry, of covered batteries collected under the program;
Page 31, Line 13(d) The weight of materials recycled from covered
Page 31, Line 14batteries collected under the program, in total and by method of battery recycling;
Page 31, Line 15(e) A calculation of the recycling efficiency rates, as measured in accordance with subsection (2) of this section;
Page 31, Line 16(f) A list of all facilities used in the processing and final
Page 31, Line 17disposition of covered batteries, including identification of a
Page 31, Line 18facility's location and whether the facility is located
Page 31, Line 19domestically, in an organization for economic cooperation and
Page 31, Line 20development country, or in a country that meets organization
Page 31, Line 21for economic cooperation and development operating
Page 31, Line 22standards. For domestic facilities, the organization shall
Page 31, Line 23provide a summary of the violations of environmental laws and
Page 32, Line 1regulations at each facility over the three years immediately preceding the submission of the annual report.
Page 32, Line 2(g) For each facility used in the final disposition of
Page 32, Line 3covered batteries, a description of how the facility recycled or otherwise managed batteries and battery components;
Page 32, Line 4(h) The weight and chemistry of covered batteries sent to
Page 32, Line 5each facility used for the final disposition of batteries. The
Page 32, Line 6information in this subsection (1)(h) may be approximated for
Page 32, Line 7program operations in the state based on extrapolations of
Page 32, Line 8national or regional data for programs in operation in multiple states.
Page 32, Line 9(i) The collection rate achieved under the program,
Page 32, Line 10including a description of how this collection rate is calculated
Page 32, Line 11and how it compares to the collection rate goals established pursuant to section 25-17-1006 (1)(a);
Page 32, Line 12(j) The estimated aggregate sales, by weight and
Page 32, Line 13chemistry, of covered batteries and of batteries contained in or
Page 32, Line 14with battery-containing products sold, offered for sale, or
Page 32, Line 15distributed in or into the state by participating producers for
Page 32, Line 16each of the three years immediately preceding the submission of the annual report;
Page 32, Line 17(k) A description of the manner in which the collected
Page 32, Line 18covered batteries were managed and recycled, including a
Page 32, Line 19discussion of best available technologies and recycling efficiency rate;
Page 32, Line 20(l) A description of the education and outreach efforts
Page 32, Line 21supporting plan implementation, including:
Page 33, Line 1(I) An evaluation of the effectiveness of education and outreach activities;
Page 33, Line 2(II) A summary of education and outreach provided to
Page 33, Line 3consumers, collection sites, manufacturers, distributors, and
Page 33, Line 4retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries;
Page 33, Line 5(III) A description of how the education and outreach efforts meet the requirements of section 25-17-1010;
Page 33, Line 6(IV) Samples of education and outreach materials;
Page 33, Line 7(V) A summary of coordinated education and outreach
Page 33, Line 8efforts with any other battery stewardship organizations implementing an approved plan; and
Page 33, Line 9(VI) A summary of any changes made to education and
Page 33, Line 10outreach activities during the calendar year immediately preceding the submission of the annual report;
Page 33, Line 11(m) A list of all collection sites used to implement the
Page 33, Line 12program, an address for each collection site, an up-to-date map
Page 33, Line 13indicating the location of each collection site, and links to
Page 33, Line 14appropriate websites where there are existing websites associated with a collection site;
Page 33, Line 15(n) A description of methods used to collect, transport, and recycle covered batteries by the organization; and
Page 33, Line 16(o) A summary of progress made toward the performance
Page 33, Line 17goals established pursuant to section 25-17-1006 and an
Page 33, Line 18explanation of why performance goals were not met, if applicable.
Page 33, Line 19(2) The weight of covered batteries or recovered
Page 34, Line 1resources from those batteries must only be counted once
Page 34, Line 2toward an organization's recycling efficiency rate and for the
Page 34, Line 3purposes of collecting charges pursuant to section 25-17-1007
Page 34, Line 4(1)(a) and may not be counted by more than one battery stewardship organization.
Page 34, Line 5(3) The executive director and an organization shall keep proprietary information provided by a producer confidential.
Page 34, Line 625-17-1012. Annual fee - battery stewardship fund -
Page 34, Line 7responsibilities of the executive director. (1) (a) In addition to the
Page 34, Line 8annual fee described in subsection (1)(b) of this section, a
Page 34, Line 9battery stewardship organization shall pay a one-time plan
Page 34, Line 10review fee, in the amount of fifty thousand dollars, at the time
Page 34, Line 11the battery stewardship organization submits a plan to the
Page 34, Line 12executive director for approval. If the executive director
Page 34, Line 13approves the plan, the battery stewardship organization shall
Page 34, Line 14pay an additional administrative fee of thirty thousand dollars
Page 34, Line 15within three months after the plan is approved. There is no fee
Page 34, Line 16when a battery stewardship organization seeks to renew a plan
Page 34, Line 17that was previously approved by the executive director or submits a plan amendment.
Page 34, Line 18(b) Within twelve months after a plan is approved, and on
Page 34, Line 19or before each July 1 thereafter, a battery stewardship
Page 34, Line 20organization shall pay to the department an annual fee to
Page 34, Line 21cover the department's cost of implementing, administering, and
Page 34, Line 22enforcing this part 10. The state treasurer shall credit the
Page 34, Line 23annual fees to the fund, and the department shall use the fees
Page 34, Line 24for costs associated with the administration of this part 10. The
Page 35, Line 1amount of the first annual fee is eighty thousand dollars. For
Page 35, Line 2each annual fee thereafter, the commission shall establish the fee amount by rule.
Page 35, Line 3(2) (a) The battery stewardship fund is created in the state treasury.
Page 35, Line 4(b) The fund consists of fees paid to the department
Page 35, Line 5pursuant to subsection (1) of this section and any other money
Page 35, Line 6that the general assembly may appropriate or transfer to the fund.
Page 35, Line 7(c) The state treasurer shall credit all interest and
Page 35, Line 8income derived from the deposit and investment of money in the
Page 35, Line 9fund to the fund. Money not expended at the end of a state
Page 35, Line 10fiscal year remains in the fund and does not revert to the general fund or any other fund.
Page 35, Line 11(d) The department shall use funds collected pursuant to
Page 35, Line 12this section to provide direct services to battery stewardship
Page 35, Line 13organizations with an approved plan to ensure effective
Page 35, Line 14program oversight, compliance support, and public engagement. Such services include:
Page 35, Line 15(I) Reviewing, approving, and providing feedback on
Page 35, Line 16battery stewardship plans and plan amendments to ensure
Page 35, Line 17compliance with state law and to help organizations meet performance goals efficiently;
Page 35, Line 18(II) Conducting compliance audits, reviewing annual
Page 35, Line 19reports submitted pursuant to section 25-17-1011 within ninety
Page 35, Line 20days after submission, and offering applicable technical
Page 35, Line 21recommendations to improve program effectiveness and transparency;
Page 36, Line 1(III) Providing, upon request, a list of approved battery
Page 36, Line 2stewardship organizations, participating producers, and
Page 36, Line 3compliant retailers to increase consumer awareness and promote participation in a battery stewardship program;
Page 36, Line 4(IV) Offering technical assistance, including regulatory
Page 36, Line 5guidance, best practices for collection site operations, and
Page 36, Line 6support for retailers and producers navigating compliance requirements;
Page 36, Line 7(V) Collaborating with approved battery stewardship
Page 36, Line 8organizations to address operational challenges, facilitate
Page 36, Line 9coordination between producers, recyclers, and local governments, and ensure continuous program improvement; and
Page 36, Line 10(VI) Enforcing this part 10 pursuant to section 25-17-1015,
Page 36, Line 11ensuring fair enforcement among participants, and protecting the integrity of battery stewardship programs.
Page 36, Line 1225-17-1013. Marking requirements for batteries - rules.
Page 36, Line 13(1) (a) Except as otherwise provided in rules adopted by the
Page 36, Line 14commission pursuant to subsection (2) of this section, on and
Page 36, Line 15after January 1, 2028, a producer or retailer shall not sell,
Page 36, Line 16offer for sale, or distribute in or into the state a covered
Page 36, Line 17battery or battery-containing product unless the covered battery is:
Page 36, Line 18(I) Marked with an identification of the producer of the covered battery; and
Page 36, Line 19(II) Marked with proper labeling to ensure proper
Page 36, Line 20collection and recycling, by identifying the chemistry of the
Page 37, Line 1covered battery and including an indication that the covered battery should not be disposed of as household waste.
Page 37, Line 2(b) Subsection (1)(a) of this section does not apply to a
Page 37, Line 3covered battery that is less than one-half inch in diameter or
Page 37, Line 4that does not contain a surface length that exceeds one-half inch.
Page 37, Line 5(2) The commission may adopt rules establishing marking
Page 37, Line 6requirements for covered batteries or battery-containing
Page 37, Line 7products as needed to maintain consistency with the labeling
Page 37, Line 8requirements or voluntary standards for batteries established in federal law or the laws of other states.
Page 37, Line 925-17-1014. Battery disposal and collection requirements.
Page 37, Line 10(1) On and after January 1, 2030, a person shall manage unwanted covered batteries through the following methods:
Page 37, Line 11(a) Delivery to a collection site, event, or program
Page 37, Line 12established by or included in a battery stewardship program created pursuant to this part 10; and
Page 37, Line 13(b) For covered batteries that are hazardous waste as
Page 37, Line 14defined under federal or state hazardous or solid waste laws, management in a manner consistent with those laws.
Page 37, Line 15(2) On and after January 1, 2030:
Page 37, Line 16(a) A fee shall not be charged when a loose covered
Page 37, Line 17battery is delivered or collected for management. Nothing in
Page 37, Line 18this part 10 prohibits the charging of fees for battery-containing products.
Page 37, Line 19(b) A person shall collect, transport, and process
Page 37, Line 20covered batteries in accordance with this part 10, unless the
Page 38, Line 1covered batteries are hazardous waste as defined under federal or state hazardous or solid waste laws;
Page 38, Line 2(c) A person shall not knowingly cause or allow:
Page 38, Line 3(I) The mixing of a covered battery with recyclable
Page 38, Line 4materials that are intended for processing and sorting at a materials recovery facility;
Page 38, Line 5(II) The mixing of a covered battery with municipal waste that is intended for disposal at a sanitary landfill;
Page 38, Line 6(III) The disposal of a covered battery in a sanitary landfill;
Page 38, Line 7(IV) The mixing of a covered battery with waste that is intended for burning or incineration; or
Page 38, Line 8(V) The burning or incineration of a covered battery;
Page 38, Line 9(d) An owner or operator of a solid waste facility does
Page 38, Line 10not violate this section if the facility has posted in a
Page 38, Line 11conspicuous location a sign stating that covered batteries must
Page 38, Line 12be managed through collection sites established by a battery stewardship organization and are not accepted for disposal; and
Page 38, Line 13(e) A solid waste collector does not violate this section
Page 38, Line 14for a covered battery placed in a disposal container by a third party.
Page 38, Line 1525-17-1015. Enforcement.For violations related to
Page 38, Line 16covered batteries and the management of universal waste
Page 38, Line 17pursuant to this part 10, the enforcement process is conducted
Page 38, Line 18pursuant to section 25-15-308 and rules adopted by the commission in accordance with section 25-15-302.
Page 38, Line 1925-17-1016. Antitrust.If a battery stewardship
Page 39, Line 1organization engages in an activity performed solely in
Page 39, Line 2furtherance of implementing an approved plan in compliance
Page 39, Line 3with this part 10, the activity is not a violation of the antitrust,
Page 39, Line 4restraint of trade, and unfair trade practices provisions of the
Page 39, Line 5"Unfair Practices Act", article 2 of title 6, or the "Colorado State Antitrust Act of 2023", article 4 of title 6.
Page 39, Line 625-17-1017. Collection of batteries independent of a battery
Page 39, Line 7stewardship program. (1) Nothing in this part 10 prevents or
Page 39, Line 8prohibits a person from offering or performing a fee-based,
Page 39, Line 9household collection, or a mail-back program for end-of-life
Page 39, Line 10portable batteries or medium-format batteries independently of
Page 39, Line 11a battery stewardship program, provided that the person meets the following requirements:
Page 39, Line 12(a) The person's services shall be performed, and the
Page 39, Line 13person's facilities shall be operated, in compliance with all
Page 39, Line 14applicable federal, state, and local laws and requirements,
Page 39, Line 15including all applicable federal department of transportation and environmental protection agency regulations;
Page 39, Line 16(b) The person shall make available all batteries
Page 39, Line 17collected from the person's Colorado customers to a battery stewardship organization; and
Page 39, Line 18(c) After consolidation of portable or medium-format
Page 39, Line 19batteries at the person's facilities, the transport to and
Page 39, Line 20processing of the batteries by the battery stewardship
Page 39, Line 21organization's designated sorters or processors is at the battery stewardship organization's expense.
Page 39, Line 2225-17-1018. Rules.The commission may adopt rules implementing this part 10.
Page 40, Line 1SECTION 2. In Colorado Revised Statutes, 25-15-308, amend (2)(a) and (4)(a); and add (5) as follows:
Page 40, Line 225-15-308. Prohibited acts - enforcement - definition.
Page 40, Line 3(2) (a) Whenever the department finds that
anyPage 40, Line 4in violation of any permit, rule, regulation, or requirement of this part 3
Page 40, Line 5or part 10 of article 17 of this title 25, the department may issue an
Page 40, Line 6order identifying the factual and legal elements of such violation with
Page 40, Line 7particularity and requiring such person to comply with any such permit,
Page 40, Line 8rule, regulation, or requirement and may request the attorney general to
Page 40, Line 9bring suit for injunctive relief or for penalties pursuant to section 25-15-309 or 25-15-310.
Page 40, Line 10(4) (a) Any action pursuant to this part 3 or part 10 of article
Page 40, Line 1117 of this title 25 shall commence within two years after the date upon
Page 40, Line 12which the department discovers an alleged violation of this part 3 or
Page 40, Line 13part 10 of article 17 of this title 25 or within five years after the date
Page 40, Line 14upon which the alleged violation occurred, whichever date occurs earlier;
Page 40, Line 15except that such limitation period is tolled during any period that the
Page 40, Line 16alleged violation is intentionally concealed.
For the purposes of thisPage 40, Line 17
section, "intentionally" shall have the meaning provided for such term in section 18-1-501 (5), C.R.S.Page 40, Line 18(5) As used in this section, "intentionally" has the meaning set forth in section 18-1-501 (5).
Page 40, Line 19SECTION 3. In Colorado Revised Statutes, 25-15-309, amend (1), (2), (3) introductory portion, and (4) as follows:
Page 40, Line 2025-15-309. Administrative and civil penalties. (1)
AnyPage 40, Line 21person who violates
the provisions ofor whoPage 41, Line 1any compliance order of the department
whichPage 41, Line 2stay pending judicial review and
whichPage 41, Line 3this part 3, or violates part 10 of article 17 of this title 25 shall, for
Page 41, Line 4each such violation, be subject to a penalty for each day during which
Page 41, Line 5such violation occurs or continues. The department may impose an
Page 41, Line 6administrative penalty of no more than fifteen thousand dollars per day
Page 41, Line 7per violation. In lieu of imposing an administrative penalty pursuant to
Page 41, Line 8this section, the department may seek a civil penalty for violation of state
Page 41, Line 9environmental law in the district court of the judicial district in which the
Page 41, Line 10violation occurs. The district court may impose a civil penalty of no more than twenty-five thousand dollars per day per violation.
Page 41, Line 11(2) The department shall not be precluded from referring a matter
Page 41, Line 12for criminal prosecution regardless of whether an order is issued pursuant
Page 41, Line 13to section 25-15-301 (4)(a) or 25-15-308. The department shall not
Page 41, Line 14impose both a civil penalty and an administrative penalty for any
Page 41, Line 15particular instance of a violation of this part 3 or part 10 of article 17 of this title 25.
Page 41, Line 16(3) The department, the administrative law judge, the commission,
Page 41, Line 17or the court shall consider the factors contained in
paragraphs (a) to (i) ofPage 41, Line 18
this subsection (3)Page 41, Line 19determining the amount of any administrative or civil penalty for a
Page 41, Line 20violation of this part 3 or part 10 of article 17 of this title 25. The
Page 41, Line 21factors contained in
paragraphs (f), (g), and (h) of this subsection (3)Page 41, Line 22subsections (3)(f), (3)(g), and (3)(h) of this section shall be
Page 41, Line 23mitigating factors and may be applied, together with other factors, to reduce penalties. Such factors are:
Page 41, Line 24(4) Notwithstanding
the provisions ofPage 42, Line 1section, the department may enter into settlement agreements regarding
Page 42, Line 2any penalty or claim resolved pursuant to this part 3 or part 10 of
Page 42, Line 3article 17 of this title 25. Any settlement agreement may include but
Page 42, Line 4is not necessarily limited to the payment or contribution of
moneysPage 42, Line 5money to state or local agencies or for other environmentally beneficial purposes.
Page 42, Line 6SECTION 4. Act subject to petition - effective date. This act
Page 42, Line 7takes effect at 12:01 a.m. on the day following the expiration of the
Page 42, Line 8ninety-day period after final adjournment of the general assembly; except
Page 42, Line 9that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 42, Line 10of the state constitution against this act or an item, section, or part of this
Page 42, Line 11act within such period, then the act, item, section, or part will not take
Page 42, Line 12effect unless approved by the people at the general election to be held in
Page 42, Line 13November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.