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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 medical device, as defined
Page 6, Line 6in 21 U.S.C. sec. 321 (h) as of the effective date of this part 10,
Page 6, Line 7that is not 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, assembled by or for a vehicle
Page 6, Line 12manufacturer or franchised dealer, that is designed to power a
Page 6, Line 13motor vehicle, a part of a motor vehicle, or a component part of
Page 6, Line 14a motor vehicle, including a replacement part for use in a motor vehicle.
Page 6, Line 15(9) "Damaged or defective battery" means a battery that
Page 6, Line 16has been damaged or identified by the manufacturer as being
Page 6, Line 17defective for safety reasons and that has the potential of
Page 6, Line 18producing a dangerous evolution of heat, fire, or short circuit,
Page 6, Line 19as described in 49 CFR 173.185 (f), or as updated by the
Page 6, Line 20commission by rule to maintain consistency with federal standards.
Page 6, Line 21(10) "Department" means the department of public health and environment created in section 25-1-102.
Page 7, Line 1(11) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).
Page 7, Line 2(12) "Easily removable" means a battery that is intended
Page 7, Line 3or designed by the manufacturer to be removable by the user of the battery with no more than commonly used household tools.
Page 7, Line 4(13) "Embedded battery" means a battery that is
Page 7, Line 5contained in a product and that is not designed to be easily removable.
Page 7, Line 6(14) "Executive director" means the executive director of the department.
Page 7, Line 7(15) "Fund" means the battery stewardship fund created in section 25-17-1012 (2)(a).
Page 7, Line 8(16) "Household hazardous waste facility" means a
Page 7, Line 9facility that is subject to federal and state regulations that
Page 7, Line 10ensure that the facility is collecting universal waste, as
Page 7, Line 11defined in 40 CFR 273.9, in a manner that prevents the harmful impact of improper disposal of the universal waste.
Page 7, Line 12(17) "Local government" means a county, city, town, city and county, or special district within the state of Colorado.
Page 7, Line 13(18) "Materials recovery facility" means a facility that
Page 7, Line 14processes materials that are collected for recycling before being conveyed to end-market businesses.
Page 7, Line 15(19) "Medium-format battery" means the following primary or rechargeable covered batteries:
Page 7, Line 16(a) For primary batteries, a battery weighing at least
Page 7, Line 17four and four-tenths pounds and no more than twenty-five pounds; or
Page 8, Line 1(b) For rechargeable batteries, a battery weighing:
Page 8, Line 2(I) More than eleven pounds or having a rating of more than three hundred watt-hours, or both; and
Page 8, Line 3(II) No more than twenty-five pounds and having a rating of no more than two thousand watt-hours.
Page 8, Line 4(20) "Portable battery" means the following primary or rechargeable covered batteries:
Page 8, Line 5(a) For primary batteries, a battery weighing no more than four and four-tenths pounds; or
Page 8, Line 6(b) For rechargeable batteries, a battery weighing no
Page 8, Line 7more than eleven pounds and having a rating of no more than three hundred watt-hours.
Page 8, Line 8(21) "Primary battery" means a battery that is not capable of being recharged.
Page 8, Line 9(22) (a) "Producer" means:
Page 8, Line 10(I) For covered batteries sold, offered for sale, or distributed in or into the state:
Page 8, Line 11(A) If the covered battery is sold, offered for sale, or
Page 8, Line 12distributed in or into the state under the brand of the battery
Page 8, Line 13manufacturer, the producer is the person that manufactures the battery;
Page 8, Line 14(B) If the covered battery is sold, offered for sale, or
Page 8, Line 15distributed in or into the state under a retail brand or under a
Page 8, Line 16brand owned by a person other than the battery manufacturer, the producer is the brand owner;
Page 8, Line 17(C) If there is no person that subsection (22)(a)(I)(A) or
Page 9, Line 1(22)(a)(I)(B) of this section applies to, the producer is the licensee
Page 9, Line 2of the brand or trademark under which the covered battery is
Page 9, Line 3sold, offered for sale, or distributed in or into the state, regardless of whether the trademark is registered in the state;
Page 9, Line 4(D) If there is no person in the United States that
Page 9, Line 5subsection (22)(a)(I)(A), (22)(a)(I)(B), or (22)(a)(I)(C) of this section
Page 9, Line 6applies to, the producer is the person that is the importer of record for the covered battery into the United States; and
Page 9, Line 7(E) If there is no person with a commercial presence in the
Page 9, Line 8state that subsection (22)(a)(I)(A), (22)(a)(I)(B), (22)(a)(I)(C), or
Page 9, Line 9(22)(a)(I)(D) of this section applies to, the producer is the person
Page 9, Line 10that first sells, offers for sale, or distributes the covered battery in or into the state; and
Page 9, Line 11(II) For covered battery-containing products sold, offered for sale, or distributed in or into the state:
Page 9, Line 12(A) If the battery-containing product is sold, offered for
Page 9, Line 13sale, or distributed in or into the state under the brand of the
Page 9, Line 14product manufacturer, the producer is the person that manufactures the battery-containing product;
Page 9, Line 15(B) If the battery-containing product is sold, offered for
Page 9, Line 16sale, or distributed in or into the state under a retail brand or
Page 9, Line 17under a brand owned by a person other than the product manufacturer, the producer is the brand owner;
Page 9, Line 18(C) If there is no person that subsection (22)(a)(II)(A) or
Page 9, Line 19(22)(a)(II)(B) of this section applies to, the producer is the
Page 9, Line 20licensee of the brand or trademark under which the
Page 9, Line 21battery-containing product is sold, offered for sale, or
Page 10, Line 1distributed in or into the state, regardless of whether the trademark is registered in the state;
Page 10, Line 2(D) If there is no person in the United States that
Page 10, Line 3subsection (22)(a)(II)(A), (22)(a)(II)(B), or (22)(a)(II)(C) of this
Page 10, Line 4section applies to, the producer is the person that is the importer
Page 10, Line 5of record for the battery-containing product into the United States; and
Page 10, Line 6(E) If there is no person with a commercial presence in the
Page 10, Line 7state that subsection (22)(a)(II)(A), (22)(a)(II)(B), (22)(a)(II)(C), or
Page 10, Line 8(22)(a)(II)(D) of this section applies to, the producer is the person
Page 10, Line 9that first sells, offers for sale, or distributes the battery-containing product in or into the state.
Page 10, Line 10(b) "Producer" does not include a person that only
Page 10, Line 11manufactures, sells, offers for sale, distributes, or imports in or into the state a battery-containing product if:
Page 10, Line 12(I) The only batteries contained in or supplied with the
Page 10, Line 13battery-containing product are supplied by a producer that has
Page 10, Line 14joined a battery stewardship organization with an approved
Page 10, Line 15plan acknowledging that the producer is the producer for that covered battery pursuant to this part 10; and
Page 10, Line 16(II) The producer provides written certification to both
Page 10, Line 17the person described in this subsection (22)(b) and the battery stewardship organization of which the producer is a member.
Page 10, Line 18(c) A person is not the producer of a covered battery or
Page 10, Line 19battery-containing product sold, offered for sale, or
Page 10, Line 20distributed in or into the state if another party has
Page 10, Line 21contractually accepted responsibility as a producer and has
Page 11, Line 1joined a battery stewardship organization with an approved
Page 11, Line 2plan acknowledging that the other party is the producer for
Page 11, Line 3that covered battery or battery-containing product pursuant to this part 10.
Page 11, Line 4(23) "Proprietary information" has the meaning set forth in section 25-17-703 (34).
Page 11, Line 5(24) "Rechargeable battery" means a battery that
Page 11, Line 6contains one or more voltaic or galvanic cells, which are
Page 11, Line 7electrically connected to produce electric energy and designed to be recharged.
Page 11, Line 8(25) "Recycling" has the meaning set forth in section 25-17-703 (37).
Page 11, Line 9(26) "Recycling efficiency rate" means the ratio of the
Page 11, Line 10weight of components and materials recycled by a battery
Page 11, Line 11stewardship organization from covered batteries to the weight
Page 11, Line 12of covered batteries as collected by the battery stewardship organization.
Page 11, Line 13(27) "Retailer" means a person that sells covered
Page 11, Line 14batteries or battery-containing products in or into the state,
Page 11, Line 15including sales made through an internet transaction, or offers
Page 11, Line 16or otherwise makes available covered batteries or battery-containing products to a customer in the state.
Page 11, Line 17(28) "Written certification" means written certification by a producer that:
Page 11, Line 18(a) The producer is a member of a battery stewardship organization; and
Page 11, Line 19(b) A covered battery or battery-containing product is
Page 12, Line 1marked in accordance with section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
Page 12, Line 225-17-1004. Requirement that producers participate in a
Page 12, Line 3battery stewardship plan - retailer requirements - no point-of-sale fees. (1) On and after August 1, 2027:
Page 12, Line 4(a) A producer selling, making available for sale, or
Page 12, Line 5distributing covered batteries or battery-containing products
Page 12, Line 6in or into the state shall participate in and finance a battery
Page 12, Line 7stewardship organization that has submitted a plan pursuant to section 25-17-1005 (1)(a); and
Page 12, Line 8(b) Except as provided in section 25-17-1003 (22)(b) and
Page 12, Line 9(22)(c), a producer shall not sell, make available for sale, or
Page 12, Line 10distribute covered batteries or battery-containing products in
Page 12, Line 11or into the state unless that producer participates in a battery stewardship organization and a battery stewardship plan.
Page 12, Line 12(2) (a) On and after July 1, 2029, a retailer shall not sell,
Page 12, Line 13offer for sale, distribute, or otherwise make available for sale
Page 12, Line 14a covered battery or battery-containing product in the state
Page 12, Line 15unless the producer of the covered battery or
Page 12, Line 16battery-containing product is participating in a battery stewardship organization with an approved plan.
Page 12, Line 17(b) A retailer does not violate subsection (2)(a) of this
Page 12, Line 18section if the list provided by the executive director in
Page 12, Line 19accordance with section 25-17-1012 (2)(d)(III) includes, as of the
Page 12, Line 20date a product sold by the retailer is made available for retail
Page 12, Line 21sale, the producer or brand of covered battery or
Page 12, Line 22battery-containing product as a participant in an approved plan.
Page 13, Line 1(c) (I) A retailer of a covered battery or a
Page 13, Line 2battery-containing product is not required to make a retail
Page 13, Line 3location available to serve as a collection site for a battery stewardship program.
Page 13, Line 4(II) A retailer that offers a retail location that serves as
Page 13, Line 5a collection site must comply with the requirements for collection sites described in section 25-17-1008.
Page 13, Line 6(d) A retailer shall not sell, offer for sale, distribute, or
Page 13, Line 7otherwise make available for sale a covered battery or
Page 13, Line 8battery-containing product unless the covered battery or
Page 13, Line 9battery-containing product is marked in accordance with
Page 13, Line 10section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
Page 13, Line 11(e) (I) A battery stewardship organization shall make
Page 13, Line 12information available to a retailer for voluntary use that the
Page 13, Line 13retailer may use to inform customers of available end-of-life
Page 13, Line 14management options for covered batteries collected by the
Page 13, Line 15battery stewardship organization, which information must
Page 13, Line 16include in-store signage, written materials, and other promotional materials.
Page 13, Line 17(II) A retailer selling, offering for sale, distributing, or
Page 13, Line 18otherwise making available a covered battery or
Page 13, Line 19battery-containing product may provide the information
Page 13, Line 20described in subsection (2)(e)(I) of this section to customers and the public.
Page 13, Line 21(3) A retailer, producer, or battery stewardship
Page 13, Line 22organization shall not charge a point-of-sale fee to consumers
Page 14, Line 1to cover the administrative or operational costs of a battery stewardship organization or a battery stewardship program.
Page 14, Line 225-17-1005. Battery stewardship plans - review and approval
Page 14, Line 3by the executive director. (1) No later than July 1, 2027, and every
Page 14, Line 4five years thereafter, a battery stewardship organization shall
Page 14, Line 5submit to the executive director a plan for the collection,
Page 14, Line 6transportation, processing, and recycling of covered batteries
Page 14, Line 7under a battery stewardship program. The executive director
Page 14, Line 8shall review and approve, disapprove, or conditionally approve a plan based on whether the plan:
Page 14, Line 9(a) Lists and provides contact information for each
Page 14, Line 10producer, covered battery brand, and battery-containing
Page 14, Line 11product brand covered by the plan, including identifying
Page 14, Line 12producers that have contractually accepted responsibility as a producer in accordance with section 25-17-1003 (22)(c);
Page 14, Line 13(b) Proposes performance goals that are consistent with
Page 14, Line 14section 25-17-1006, including establishing performance goals for
Page 14, Line 15each of the five calendar years after the plan is submitted to the executive director;
Page 14, Line 16(c) Describes how the organization will make retailers
Page 14, Line 17aware of the obligation described in section 25-17-1004 (2)(a) to
Page 14, Line 18sell only covered batteries and battery-containing products of producers participating in an approved plan;
Page 14, Line 19(d) Describes the education and communications strategy
Page 14, Line 20being implemented pursuant to section 25-17-1010 to promote
Page 14, Line 21participation in the approved plan and to provide the
Page 14, Line 22information necessary for effective participation of consumers, retailers, and others;
Page 15, Line 1(e) Describes how the organization will make signage,
Page 15, Line 2written materials, and other promotional materials available
Page 15, Line 3to collection sites so that collection sites may use the
Page 15, Line 4materials to inform consumers of available end-of-life
Page 15, Line 5management options for covered batteries collected by the organization;
Page 15, Line 6(f) Lists promotional activities to be undertaken by the
Page 15, Line 7organization, including the identification of consumer
Page 15, Line 8awareness goals and strategies that the organization will employ to achieve these goals when the program is implemented;
Page 15, Line 9(g) Includes collection site safety training procedures
Page 15, Line 10related to covered battery collection activities at collection
Page 15, Line 11sites, including a description of operating protocols to reduce
Page 15, Line 12the risk of a spill or fire, response protocols in the event of a
Page 15, Line 13spill or fire, and protocols for safe management of damaged or defective batteries that are returned to collection sites;
Page 15, Line 14(h) Describes the method to establish and administer a
Page 15, Line 15means for fully funding the program in a manner that equitably
Page 15, Line 16distributes the program's costs among the producers
Page 15, Line 17participating in the organization, including a description of the
Page 15, Line 18charges collected from producers pursuant to section
Page 15, Line 1925-17-1007 (1). If a producer chooses to directly implement a plan
Page 15, Line 20individually without designating a nonprofit organization, the
Page 15, Line 21plan must describe the proposed method to establish and administer a means for fully funding the program.
Page 15, Line 22(i) Describes how the program will collect all covered
Page 16, Line 1types and brands of covered batteries on a free, continuous,
Page 16, Line 2convenient, visible, and accessible basis, and in accordance with
Page 16, Line 3section 25-17-1008, including a description of how the statewide
Page 16, Line 4collection opportunities described in section 25-17-1008 (4)(b)
Page 16, Line 5and (4)(c) will be met and a list of the names and addresses of collection sites participating in the program;
Page 16, Line 6(j) Describes how the program will work with materials
Page 16, Line 7recovery facilities and secondary processors to properly
Page 16, Line 8process and transport for recycling any covered batteries
Page 16, Line 9improperly sent to the facilities through the waste or recycling streams;
Page 16, Line 10(k) Provides an explanation for any delay anticipated by
Page 16, Line 11the organization for the implementation of the management of
Page 16, Line 12medium-format batteries such that the implementation will not
Page 16, Line 13begin within six months after the plan is approved, including a
Page 16, Line 14delay in the ability to collect, package, transport, or process
Page 16, Line 15medium-format batteries in accordance with this part 10, and
Page 16, Line 16establishes an expected date of compliance for the management
Page 16, Line 17of medium-format batteries that is no later than January 1, 2029, if a delay occurs;
Page 16, Line 18(l) Describes the criteria to be used by the program to
Page 16, Line 19determine whether an entity may serve as a collection site for covered batteries under the program;
Page 16, Line 20(m) Identifies proposed service providers, such as sorters,
Page 16, Line 21transporters, and processors, to be used by the program for the
Page 16, Line 22final disposition of covered batteries and proposed provisions
Page 16, Line 23for record keeping, tracking, and documenting the fate of collected covered batteries;
Page 17, Line 1(n) Details how the program will achieve a recycling
Page 17, Line 2efficiency rate of at least sixty percent for rechargeable batteries and at least seventy percent for primary batteries;
Page 17, Line 3(o) Proposes goals for increasing public awareness of the
Page 17, Line 4program and describes how the public education and outreach
Page 17, Line 5components of the program required by section 25-17-1010 will be implemented; and
Page 17, Line 6(p) If the performance goals described in section
Page 17, Line 725-17-1006, and as approved in the battery stewardship plan,
Page 17, Line 8have not been met, includes corrective measures to be
Page 17, Line 9implemented by the organization to meet its performance goals,
Page 17, Line 10which may include improvements to the collection site network or increased expenditures dedicated to education and outreach.
Page 17, Line 11(2) A battery stewardship organization must provide plan
Page 17, Line 12amendments to the executive director for approval when
Page 17, Line 13proposing changes to the performance goals described in section
Page 17, Line 1425-17-1006 based on the experience of the program, including the
Page 17, Line 15experience of the program during the six months before the
Page 17, Line 16submission of the amendments, or when there is a change to the
Page 17, Line 17method of financing the program pursuant to section 25-17-1007 (1).
Page 17, Line 18(3) (a) The executive director shall review battery
Page 17, Line 19stewardship plans and plan amendments for compliance with this
Page 17, Line 20part 10 and shall approve, disapprove, or conditionally approve
Page 17, Line 21a plan or a plan amendment within one hundred twenty days
Page 17, Line 22after receipt of the plan or plan amendment; except that, if
Page 18, Line 1multiple plans are submitted, the review timeline is extended by sixty days.
Page 18, Line 2(b) If the executive director disapproves a battery
Page 18, Line 3stewardship plan or plan amendment, the executive director
Page 18, Line 4shall provide a written notice of disapproval explaining how the
Page 18, Line 5plan or plan amendment does not comply with this part 10. The
Page 18, Line 6battery stewardship organization shall submit to the executive
Page 18, Line 7director a revised plan, plan amendment, or notice of plan
Page 18, Line 8withdrawal within sixty days after the date that the written
Page 18, Line 9notice of disapproval is issued. The executive director shall
Page 18, Line 10review a revised plan or plan amendment within ninety days
Page 18, Line 11after the organization submits the revised plan, plan amendment, or notice of plan withdrawal.
Page 18, Line 12(c) If a revised plan is disapproved by the executive
Page 18, Line 13director, a producer operating under the plan is not in
Page 18, Line 14compliance with this part 10 until the executive director
Page 18, Line 15approves a plan submitted by an organization that covers the
Page 18, Line 16producer or the producer's battery brand or battery-containing product brand.
Page 18, Line 17(d) If a plan, plan amendment, or revised plan is submitted
Page 18, Line 18to the executive director pursuant to this section, the executive
Page 18, Line 19director shall make the plan, plan amendment, or revised plan
Page 18, Line 20available for public review and comment for at least thirty days.
Page 18, Line 21(e) A battery stewardship organization shall provide
Page 18, Line 22written notification to the executive director within thirty
Page 18, Line 23days after a producer begins to participate or ceases to
Page 19, Line 1participate in the organization or after the adding or removing of a processor or transporter.
Page 19, Line 225-17-1006. Performance goals. (1) A battery stewardship
Page 19, Line 3plan must include performance goals that measure, on an
Page 19, Line 4annual basis, the achievements of the battery stewardship program, including:
Page 19, Line 5(a) The collection rate for covered batteries by the
Page 19, Line 6program, including target collection rates for primary batteries and rechargeable batteries;
Page 19, Line 7(b) The recycling efficiency rate of the program,
Page 19, Line 8including target recycling efficiency rates of at least sixty
Page 19, Line 9percent for rechargeable batteries and at least seventy percent for primary batteries; and
Page 19, Line 10(c) Public awareness of the program, including goals for
Page 19, Line 11public awareness, convenience, and accessibility that meet or
Page 19, Line 12exceed the minimum requirements established in section 25-17-1010.
Page 19, Line 13(2) A battery stewardship organization shall meet the
Page 19, Line 14performance goals established pursuant to the organization's
Page 19, Line 15approved plan and shall not reduce or cease collection,
Page 19, Line 16education and outreach, or other activities implemented under
Page 19, Line 17an approved plan based on the achievement of performance goals.
Page 19, Line 1825-17-1007. Collection of charges - reimbursement of
Page 19, Line 19collection sites and electronic waste recyclers. (1) (a) A battery
Page 19, Line 20stewardship organization implementing a battery stewardship
Page 19, Line 21plan on behalf of producers shall develop and administer a
Page 20, Line 1system to collect charges from participating producers to cover the costs of program implementation, including:
Page 20, Line 2(I) Covered battery collection, sortation,
Page 20, Line 3transportation, processing, and recycling in a manner that is safe for public health and the environment;
Page 20, Line 4(II) Education and outreach;
Page 20, Line 5(III) Program administration, evaluation, and reporting; and
Page 20, Line 6(IV) Payment of annual fees to the department pursuant to section 25-17-1012 (1).
Page 20, Line 7(b) A battery stewardship organization is responsible for
Page 20, Line 8all costs of a battery stewardship program, including the costs described in subsection (1)(a) of this section.
Page 20, Line 9(2) (a) A battery stewardship organization shall
Page 20, Line 10reimburse a participating collection site, as described in section 25-17-1008, for:
Page 20, Line 11(I) Demonstrable costs incurred by a local government
Page 20, Line 12serving as a collection site, a solid waste facility, or a local
Page 20, Line 13government's designated collection site as a result of
Page 20, Line 14implementing a battery stewardship program, including
Page 20, Line 15associated labor costs and other costs associated with accessibility and collection site standards such as storage; and
Page 20, Line 16(II) Costs of agreed-upon education and outreach.
Page 20, Line 17(b) Notwithstanding any law to the contrary, a local
Page 20, Line 18government is not required to serve as a collection site pursuant to this part 10.
Page 20, Line 19(c) A battery stewardship organization shall, at a
Page 21, Line 1minimum, provide collection sites with appropriate containers
Page 21, Line 2for covered batteries subject to its program as well as training,
Page 21, Line 3signage, safety guidance, and educational materials at no cost to the collection sites.
Page 21, Line 4(3) A battery stewardship organization shall reimburse
Page 21, Line 5electronic waste recyclers for the costs to remove and recycle covered batteries from battery-containing products.
Page 21, Line 625-17-1008. Collection site requirements - statewide collection
Page 21, Line 7opportunities - minimum amount of collection sites. (1) (a) A
Page 21, Line 8battery stewardship organization implementing a battery
Page 21, Line 9stewardship plan shall provide the collection of covered
Page 21, Line 10batteries, including all types and brands of covered batteries,
Page 21, Line 11on a free, continuous, convenient, visible, and accessible basis to any person.
Page 21, Line 12(b) Except as provided in subsection (3) of this section, a
Page 21, Line 13battery stewardship plan must arrange for the collection of
Page 21, Line 14each type and brand of covered battery from a person at a
Page 21, Line 15collection site in accordance with the statewide collection
Page 21, Line 16opportunities described in subsections (4)(b) and (4)(c) of this section.
Page 21, Line 17(2) (a) For each collection site used by a battery
Page 21, Line 18stewardship program, the battery stewardship organization implementing the program shall:
Page 21, Line 19(I) Provide suitable collection containers for covered
Page 21, Line 20batteries so that the covered batteries are segregated from other solid waste; or
Page 21, Line 21(II) Make mutually agreeable alternative arrangements
Page 22, Line 1with the collection site for the collection of covered batteries at the collection site.
Page 22, Line 2(b) The location of the collection containers described in subsection (2)(a) of this section must be:
Page 22, Line 3(I) Within view of an individual who has been designated
Page 22, Line 4by the organization hosting the collection site as responsible for complying with the safe collection of batteries; and
Page 22, Line 5(II) Accompanied by signage that is made available to the
Page 22, Line 6collection site by the organization and that informs consumers
Page 22, Line 7regarding the end-of-life management options for covered batteries collected by the collection site.
Page 22, Line 8(3) (a) Medium-format batteries must be collected at
Page 22, Line 9household hazardous waste facilities or other staffed
Page 22, Line 10collection sites or events that meet applicable federal, state, and local regulatory requirements.
Page 22, Line 11(b) Damaged or defective batteries must be collected at
Page 22, Line 12collection sites and events staffed by individuals trained to handle and ship those batteries.
Page 22, Line 13(4) (a) (I) A battery stewardship organization implementing a battery stewardship plan shall:
Page 22, Line 14(A) Ensure statewide collection opportunities for all
Page 22, Line 15covered batteries in accordance with subsections (4)(b) and (4)(c) of this section; and
Page 22, Line 16(B) For the purposes of providing efficient delivery of
Page 22, Line 17services and avoiding unnecessary duplication of effort and
Page 22, Line 18expense, coordinate activities with other program operators,
Page 22, Line 19including covered battery collectors, recycling programs, and
Page 23, Line 1electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries.
Page 23, Line 2(II) A battery stewardship organization shall determine
Page 23, Line 3statewide collection opportunities through geographic
Page 23, Line 4information modeling that considers permanent collection sites.
Page 23, Line 5(III) A battery stewardship program may rely, in part, on
Page 23, Line 6collection events to supplement the collection site criteria
Page 23, Line 7required by subsections (4)(b) and (4)(c) of this section. Only
Page 23, Line 8permanent collection services specified in subsections (4)(b) and
Page 23, Line 9(4)(c) of this section satisfy the requirements of this subsection (4)(a).
Page 23, Line 10(b) Within six months after a battery stewardship plan is
Page 23, Line 11approved pursuant to section 25-17-1005 (1) and no later than
Page 23, Line 12October 1, 2028, a battery stewardship organization shall
Page 23, Line 13provide statewide collection opportunities for portable batteries that include:
Page 23, Line 14(I) At least one permanent collection site for portable
Page 23, Line 15batteries within a fifteen-mile radius for at least ninety-five percent of the state's residents; and
Page 23, Line 16(II) At least one permanent collection site or a collection
Page 23, Line 17service, or one collection event per year, for portable batteries
Page 23, Line 18in addition to those required by subsection (4)(b)(I) of this section for every thirty thousand residents of a county.
Page 23, Line 19(c) (I) Within six months after a battery stewardship plan
Page 23, Line 20is approved pursuant to section 25-17-1005 (1) and no later than
Page 23, Line 21January 1, 2029, a battery stewardship organization shall
Page 24, Line 1provide statewide collection opportunities for medium-format batteries that include:
Page 24, Line 2(A) At least fifteen permanent collection sites in the state;
Page 24, Line 3(B) Reasonable geographic dispersion of collection sites throughout the state;
Page 24, Line 4(C) A permanent collection site in each county of at least
Page 24, Line 5one hundred fifty thousand persons, as determined by the most recent federal decennial census; and
Page 24, Line 6(D) Service to areas without a permanent collection site.
Page 24, Line 7(II) A battery stewardship organization shall ensure that
Page 24, Line 8there is a collection event for medium-format batteries,
Page 24, Line 9including damaged or defective medium-format batteries, at
Page 24, Line 10least once annually in each county of the state that does not have a permanent collection site.
Page 24, Line 11(d) The statewide collection opportunities set forth in
Page 24, Line 12subsections (4)(b) and (4)(c) of this section may be satisfied by
Page 24, Line 13the collection locations participating in a household battery
Page 24, Line 14recycling program sponsored by the executive director or a local government.
Page 24, Line 15(5) Each collection site must meet applicable federal, state, and local regulatory requirements.
Page 24, Line 16(6) (a) If cost-effective, mutually agreeable, and
Page 24, Line 17otherwise practicable, a battery stewardship organization
Page 24, Line 18shall use existing public and private waste collection services
Page 24, Line 19and facilities in implementing a battery stewardship program,
Page 24, Line 20including collection sites that are established through other
Page 25, Line 1battery collection services, transporters, consolidators, processors, electronic waste recyclers, and retailers.
Page 25, Line 2(b) Upon the submission of a request by an entity to serve
Page 25, Line 3as a collection site, a battery stewardship program shall use
Page 25, Line 4the entity as a collection site for covered batteries for up to
Page 25, Line 5the minimum number of collection sites required for compliance
Page 25, Line 6with 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 7(c) A battery stewardship program may use additional
Page 25, Line 8collection sites in excess of the minimum number of collection
Page 25, Line 9sites required for compliance with subsections (4)(b) and (4)(c) of
Page 25, Line 10this section as may be agreed between the battery stewardship organization and the applicable entity.
Page 25, Line 11(d) A battery stewardship organization may issue a warning to, suspend, or terminate a collection site that:
Page 25, Line 12(I) Does not adhere to the criteria for collection sites in the approved plan; or
Page 25, Line 13(II) Poses an immediate health and safety concern.
Page 25, Line 1425-17-1009. Assessment of battery-containing products
Page 25, Line 15required. (1) On or before December 1, 2028, a battery
Page 25, Line 16stewardship organization shall complete an assessment of the
Page 25, Line 17opportunities and challenges associated with the end-of-life
Page 25, Line 18management of portable and medium-format embedded batteries
Page 25, Line 19in the state. A battery stewardship organization should, to the
Page 25, Line 20extent feasible, extrapolate findings from related studies and apply the findings to the assessment for Colorado.
Page 25, Line 21(2) In completing the assessment, a battery stewardship
Page 26, Line 1organization shall consult with the department and interested
Page 26, Line 2stakeholders and may coordinate with other battery stewardship organizations.
Page 26, Line 3(3) As part of the assessment, a battery stewardship
Page 26, Line 4organization shall identify adjustments to the battery
Page 26, Line 5stewardship program requirements established by this part 10
Page 26, Line 6that would maximize public health, safety, and environmental
Page 26, Line 7benefits. Based on the assessment, a battery stewardship
Page 26, Line 8organization shall make recommendations for additional
Page 26, Line 9policies or programs to allow for collection and recycling of embedded batteries.
Page 26, Line 10(4) The assessment must consider:
Page 26, Line 11(a) The different categories and uses of battery-containing products;
Page 26, Line 12(b) Methods by which unwanted battery-containing
Page 26, Line 13products are managed in Colorado and other states and United States territories;
Page 26, Line 14(c) Challenges posed by the potential collection,
Page 26, Line 15management, and transportation of battery-containing
Page 26, Line 16products, including challenges associated with removing
Page 26, Line 17batteries that were not intended or designed to be easily removed from products other than by the manufacturer;
Page 26, Line 18(d) Which requirements of this part 10 may apply to
Page 26, Line 19battery-containing products in a manner that is identical or analogous to the requirements applicable to covered batteries;
Page 26, Line 20(e) Unique challenges based on regional population
Page 26, Line 21densities or other geographic characteristics and proposed
Page 27, Line 1solutions to such challenges that are relevant to Colorado regions and population densities;
Page 27, Line 2(f) Costs to schools and school districts, local
Page 27, Line 3governments, event venues, waste haulers, and recyclers for
Page 27, Line 4the collection of battery-containing devices and mitigation of littered devices;
Page 27, Line 5(g) Recyclability and the environmental and public
Page 27, Line 6health impacts caused by the littering, collecting, and
Page 27, Line 7recycling of different types of battery-containing products,
Page 27, Line 8including identifying whether certain products involve greater
Page 27, Line 9barriers to recycling or larger safety risks to workers or the public; and
Page 27, Line 10(h) Whether the technology exists to safely and reliably repair or refurbish batteries for reuse.
Page 27, Line 11(5) The department shall submit the assessment completed
Page 27, Line 12pursuant to this section to the general assembly on or before March 1, 2028.
Page 27, Line 1325-17-1010. Education and outreach requirements -
Page 27, Line 14coordination with other battery stewardship organizations - survey
Page 27, Line 15of public awareness. (1) A battery stewardship organization
Page 27, Line 16shall carry out promotional activities in support of the implementation of a battery stewardship program, including:
Page 27, Line 17(a) The development and maintenance of a website;
Page 27, Line 18(b) The development and distribution of periodic press releases and articles;
Page 27, Line 19(c) The development and placement of advertisements for
Page 27, Line 20use on social media or other relevant media platforms;
Page 28, Line 1(d) The development of promotional materials about the
Page 28, Line 2program and the requirements for the disposal of covered
Page 28, Line 3batteries pursuant to section 25-17-1014 to be used by persons,
Page 28, Line 4including retailers, government agencies, waste and recycling collectors, and nonprofit organizations;
Page 28, Line 5(e) The development and distribution to collection sites
Page 28, Line 6of collection site safety training procedures that are in
Page 28, Line 7compliance with stateand local law to help ensure proper management of covered batteries at collection sites; and
Page 28, Line 8(f) The development and implementation of outreach and
Page 28, Line 9educational resources that are conceptually, linguistically,
Page 28, Line 10and culturally accurate for the communities served and that
Page 28, Line 11reach the state's diverse ethnic populations, including through
Page 28, Line 12meaningful consultation with disproportionately impacted communities.
Page 28, Line 13(2) A battery stewardship organization shall provide:
Page 28, Line 14(a) Consumer-focused educational and promotional
Page 28, Line 15materials to each collection site used by the battery
Page 28, Line 16stewardship program and to retailers that sell covered batteries or battery-containing products;
Page 28, Line 17(b) Safety information related to covered battery
Page 28, Line 18collection activities to the operator of each collection site,
Page 28, Line 19including appropriate protocols to reduce risks of spills or
Page 28, Line 20fires, response protocols in the event of a spill or fire, and
Page 28, Line 21response protocols in the event of detection of a damaged or defective battery;
Page 28, Line 22(c) Safety training materials for firefighters and first
Page 29, Line 1responders related to battery fires, response protocols in the
Page 29, Line 2event of a battery fire, and protocols for safe management of covered and damaged or defective batteries; and
Page 29, Line 3(d) Educational materials to the operator of each
Page 29, Line 4collection site for the management of recalled batteries, which
Page 29, Line 5are not required to be collected pursuant to this part 10, to
Page 29, Line 6help facilitate the transportation and processing of recalled batteries.
Page 29, Line 7(3) A battery stewardship organization may seek
Page 29, Line 8reimbursement from the producer of a recalled battery for
Page 29, Line 9expenses incurred in the collection, transportation, and processing of the recalled battery.
Page 29, Line 10(4) Upon request by a retailer or other potential
Page 29, Line 11collector, a battery stewardship organization shall provide the
Page 29, Line 12retailer or other potential collector educational materials describing collection opportunities for batteries.
Page 29, Line 13(5) If multiple battery stewardship organizations are
Page 29, Line 14implementing approved plans, the organizations shall
Page 29, Line 15coordinate in carrying out their education and outreach
Page 29, Line 16responsibilities pursuant to this section and shall include a
Page 29, Line 17summary of their coordinated education and outreach efforts in the annual reports required by section 25-17-1011.
Page 29, Line 18(6) During the first year of program implementation, and
Page 29, Line 19every five years thereafter, a battery stewardship organization
Page 29, Line 20shall carry out, in coordination with the other approved
Page 29, Line 21battery stewardship organizations, a survey of public
Page 29, Line 22awareness regarding the requirements of the program
Page 30, Line 1established pursuant to this part 10. The battery stewardship
Page 30, Line 2organization shall share the results of the public awareness
Page 30, Line 3survey with the executive director through the annual reporting process described in section 25-17-1011.
Page 30, Line 425-17-1011. Annual reporting requirements - proprietary
Page 30, Line 5information. (1) On or before June 1, 2029, and on or before each
Page 30, Line 6June 1 thereafter, a battery stewardship organization shall
Page 30, Line 7submit an annual report to the executive director covering the
Page 30, Line 8preceding calendar year of battery stewardship plan implementation. The report must include the following:
Page 30, Line 9(a) An independent third-party financial assessment of
Page 30, Line 10the program implemented by the organization, including a
Page 30, Line 11breakdown of the program's expenses, such as collection
Page 30, Line 12expenses, recycling expenses, education and outreach expenses, and overhead expenses;
Page 30, Line 13(b) A summary financial statement documenting the
Page 30, Line 14financing of the organization's program and an analysis of
Page 30, Line 15program costs and expenditures, including an analysis of the
Page 30, Line 16program's expenses, such as collection, transportation,
Page 30, Line 17recycling, education, and administrative overhead. The
Page 30, Line 18summary financial statement must be sufficiently detailed to
Page 30, Line 19show that the charges collected from producers as a result of
Page 30, Line 20the producers' activities in the state are spent on program
Page 30, Line 21implementation in the state. If the organization is implementing
Page 30, Line 22similar programs in multiple states, the organization may submit
Page 30, Line 23a financial statement including all covered states, as long as
Page 30, Line 24the statement breaks out financial information pertinent to Colorado.
Page 31, Line 1(c) The weight, by chemistry, of covered batteries collected under the program;
Page 31, Line 2(d) The weight of materials recycled from covered
Page 31, Line 3batteries collected under the program, in total and by method of battery recycling;
Page 31, Line 4(e) A calculation of the recycling efficiency rates, as measured in accordance with subsection (2) of this section;
Page 31, Line 5(f) A list of all facilities used in the processing and final
Page 31, Line 6disposition of covered batteries, including identification of a
Page 31, Line 7facility's location and whether the facility is located
Page 31, Line 8domestically, in an organization for economic cooperation and
Page 31, Line 9development country, or in a country that meets organization
Page 31, Line 10for economic cooperation and development operating
Page 31, Line 11standards. For domestic facilities, the organization shall
Page 31, Line 12provide a summary of the violations of environmental laws and
Page 31, Line 13regulations at each facility over the three years immediately preceding the submission of the annual report.
Page 31, Line 14(g) For each facility used in the final disposition of
Page 31, Line 15covered batteries, a description of how the facility recycled or otherwise managed batteries and battery components;
Page 31, Line 16(h) The weight and chemistry of covered batteries sent to
Page 31, Line 17each facility used for the final disposition of batteries. The
Page 31, Line 18information in this subsection (1)(h) may be approximated for
Page 31, Line 19program operations in the state based on extrapolations of
Page 31, Line 20national or regional data for programs in operation in multiple
Page 31, Line 21states.
Page 32, Line 1(i) The collection rate achieved under the program,
Page 32, Line 2including a description of how this collection rate is calculated
Page 32, Line 3and how it compares to the collection rate goals established pursuant to section 25-17-1006 (1)(a);
Page 32, Line 4(j) The estimated aggregate sales, by weight and
Page 32, Line 5chemistry, of covered batteries and of batteries contained in or
Page 32, Line 6with battery-containing products sold, offered for sale, or
Page 32, Line 7distributed in or into the state by participating producers for
Page 32, Line 8each of the three years immediately preceding the submission of the annual report;
Page 32, Line 9(k) A description of the manner in which the collected
Page 32, Line 10covered batteries were managed and recycled, including a
Page 32, Line 11discussion of best available technologies and recycling efficiency rate;
Page 32, Line 12(l) A description of the education and outreach efforts supporting plan implementation, including:
Page 32, Line 13(I) An evaluation of the effectiveness of education and outreach activities;
Page 32, Line 14(II) A summary of education and outreach provided to
Page 32, Line 15consumers, collection sites, manufacturers, distributors, and
Page 32, Line 16retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries;
Page 32, Line 17(III) A description of how the education and outreach efforts meet the requirements of section 25-17-1010;
Page 32, Line 18(IV) Samples of education and outreach materials;
Page 32, Line 19(V) A summary of coordinated education and outreach
Page 32, Line 20efforts with any other battery stewardship organizations implementing an approved plan; and
Page 33, Line 1(VI) A summary of any changes made to education and
Page 33, Line 2outreach activities during the calendar year immediately preceding the submission of the annual report;
Page 33, Line 3(m) A list of all collection sites used to implement the
Page 33, Line 4program, an address for each collection site, an up-to-date map
Page 33, Line 5indicating the location of each collection site, and links to
Page 33, Line 6appropriate websites where there are existing websites associated with a collection site;
Page 33, Line 7(n) A description of methods used to collect, transport, and recycle covered batteries by the organization; and
Page 33, Line 8(o) A summary of progress made toward the performance
Page 33, Line 9goals established pursuant to section 25-17-1006 and an
Page 33, Line 10explanation of why performance goals were not met, if applicable.
Page 33, Line 11(2) The weight of covered batteries or recovered
Page 33, Line 12resources from those batteries must only be counted once
Page 33, Line 13toward an organization's recycling efficiency rate and for the
Page 33, Line 14purposes of collecting charges pursuant to section 25-17-1007
Page 33, Line 15(1)(a) and may not be counted by more than one battery stewardship organization.
Page 33, Line 16(3) The executive director and an organization shall keep proprietary information provided by a producer confidential.
Page 33, Line 1725-17-1012. Annual fee - battery stewardship fund -
Page 33, Line 18responsibilities of the executive director. (1) (a) In addition to the
Page 33, Line 19annual fee described in subsection (1)(b) of this section, a
Page 33, Line 20battery stewardship organization shall pay a one-time plan
Page 34, Line 1review fee, in the amount of fifty thousand dollars, at the time
Page 34, Line 2the battery stewardship organization submits a plan to the
Page 34, Line 3executive director for approval. If the executive director
Page 34, Line 4approves the plan, the battery stewardship organization shall
Page 34, Line 5pay an additional administrative fee of thirty thousand dollars
Page 34, Line 6within three months after the plan is approved. There is no fee
Page 34, Line 7when a battery stewardship organization seeks to renew a plan
Page 34, Line 8that was previously approved by the executive director or submits a plan amendment.
Page 34, Line 9(b) Within twelve months after a plan is approved, and on
Page 34, Line 10or before each July 1 thereafter, a battery stewardship
Page 34, Line 11organization shall pay to the department an annual fee to
Page 34, Line 12cover the department's cost of implementing, administering, and
Page 34, Line 13enforcing this part 10. The state treasurer shall credit the
Page 34, Line 14annual fees to the fund, and the department shall use the fees
Page 34, Line 15for costs associated with the administration of this part 10. The
Page 34, Line 16amount of the first annual fee is eighty thousand dollars. For
Page 34, Line 17each annual fee thereafter, the commission shall establish the fee amount by rule.
Page 34, Line 18(2) (a) The battery stewardship fund is created in the state treasury.
Page 34, Line 19(b) The fund consists of fees paid to the department
Page 34, Line 20pursuant to subsection (1) of this section and any other money
Page 34, Line 21that the general assembly may appropriate or transfer to the fund.
Page 34, Line 22(c) The state treasurer shall credit all interest and
Page 34, Line 23income derived from the deposit and investment of money in the
Page 35, Line 1fund to the fund. Money not expended at the end of a state
Page 35, Line 2fiscal year remains in the fund and does not revert to the general fund or any other fund.
Page 35, Line 3(d) The department shall use funds collected pursuant to
Page 35, Line 4this section to provide direct services to battery stewardship
Page 35, Line 5organizations with an approved plan to ensure effective
Page 35, Line 6program oversight, compliance support, and public engagement. Such services include:
Page 35, Line 7(I) Reviewing, approving, and providing feedback on
Page 35, Line 8battery stewardship plans and plan amendments to ensure
Page 35, Line 9compliance with state law and to help organizations meet performance goals efficiently;
Page 35, Line 10(II) Conducting compliance audits, reviewing annual
Page 35, Line 11reports submitted pursuant to section 25-17-1011 within ninety
Page 35, Line 12days after submission, and offering applicable technical
Page 35, Line 13recommendations to improve program effectiveness and transparency;
Page 35, Line 14(III) Providing, upon request, a list of approved battery
Page 35, Line 15stewardship organizations, participating producers, and
Page 35, Line 16compliant retailers to increase consumer awareness and promote participation in a battery stewardship program;
Page 35, Line 17(IV) Offering technical assistance, including regulatory
Page 35, Line 18guidance, best practices for collection site operations, and
Page 35, Line 19support for retailers and producers navigating compliance requirements;
Page 35, Line 20(V) Collaborating with approved battery stewardship
Page 35, Line 21organizations to address operational challenges, facilitate
Page 36, Line 1coordination between producers, recyclers, and local governments, and ensure continuous program improvement; and
Page 36, Line 2(VI) Enforcing this part 10 pursuant to section 25-17-1015,
Page 36, Line 3ensuring fair enforcement among participants, and protecting the integrity of battery stewardship programs.
Page 36, Line 425-17-1013. Marking requirements for batteries - rules.
Page 36, Line 5(1) (a) Except as otherwise provided in rules adopted by the
Page 36, Line 6commission pursuant to subsection (2) of this section, on and
Page 36, Line 7after January 1, 2028, a producer or retailer shall not sell,
Page 36, Line 8offer for sale, or distribute in or into the state a covered
Page 36, Line 9battery or battery-containing product unless the covered battery is:
Page 36, Line 10(I) Marked with an identification of the producer of the covered battery; and
Page 36, Line 11(II) Marked with proper labeling to ensure proper
Page 36, Line 12collection and recycling, by identifying the chemistry of the
Page 36, Line 13covered battery and including an indication that the covered battery should not be disposed of as household waste.
Page 36, Line 14(b) Subsection (1)(a) of this section does not apply to a
Page 36, Line 15covered battery that is less than one-half inch in diameter or
Page 36, Line 16that does not contain a surface length that exceeds one-half inch.
Page 36, Line 17(2) The commission may adopt rules establishing marking
Page 36, Line 18requirements for covered batteries or battery-containing
Page 36, Line 19products as needed to maintain consistency with the labeling
Page 36, Line 20requirements or voluntary standards for batteries established
Page 36, Line 21in federal law or the laws of other states.
Page 37, Line 125-17-1014. Battery disposal and collection requirements.
Page 37, Line 2(1) On and after January 1, 2030, a person shall manage unwanted covered batteries through the following methods:
Page 37, Line 3(a) Delivery to a collection site, event, or program
Page 37, Line 4established by or included in a battery stewardship program created pursuant to this part 10; and
Page 37, Line 5(b) For covered batteries that are hazardous waste as
Page 37, Line 6defined under federal or state hazardous or solid waste laws, management in a manner consistent with those laws.
Page 37, Line 7(2) On and after January 1, 2030:
Page 37, Line 8(a) A fee shall not be charged when a loose covered
Page 37, Line 9battery is delivered or collected for management. Nothing in
Page 37, Line 10this part 10 prohibits the charging of fees for battery-containing products.
Page 37, Line 11(b) A person shall collect, transport, and process
Page 37, Line 12covered batteries in accordance with this part 10, unless the
Page 37, Line 13covered batteries are hazardous waste as defined under federal or state hazardous or solid waste laws;
Page 37, Line 14(c) A person shall not knowingly cause or allow:
Page 37, Line 15(I) The mixing of a covered battery with recyclable
Page 37, Line 16materials that are intended for processing and sorting at a materials recovery facility;
Page 37, Line 17(II) The mixing of a covered battery with municipal waste that is intended for disposal at a sanitary landfill;
Page 37, Line 18(III) The disposal of a covered battery in a sanitary landfill;
Page 37, Line 19(IV) The mixing of a covered battery with waste that is intended for burning or incineration; or
Page 38, Line 1(V) The burning or incineration of a covered battery;
Page 38, Line 2(d) An owner or operator of a solid waste facility does
Page 38, Line 3not violate this section if the facility has posted in a
Page 38, Line 4conspicuous location a sign stating that covered batteries must
Page 38, Line 5be managed through collection sites established by a battery stewardship organization and are not accepted for disposal; and
Page 38, Line 6(e) A solid waste collector does not violate this section
Page 38, Line 7for a covered battery placed in a disposal container by a third party.
Page 38, Line 825-17-1015. Civil penalties - enforcement. (1) A producer or
Page 38, Line 9battery stewardship organization that violates this part 10 is
Page 38, Line 10liable for a civil penalty of seven thousand dollars per
Page 38, Line 11violation; except that a failure to pay a fee pursuant to section
Page 38, Line 1225-17-1012 subjects the battery stewardship organization that
Page 38, Line 13fails to pay the fee to a civil penalty that is double the applicable fee.
Page 38, Line 14(2) (a) If a producer or battery stewardship organization
Page 38, Line 15violates this part 10, the executive director shall serve by
Page 38, Line 16personal service or by certified mail an order that imposes an administrative penalty on the producer or organization.
Page 38, Line 17(b) A producer or organization may submit a written
Page 38, Line 18request for a hearing to the executive director by personal
Page 38, Line 19service or by certified mail within thirty-five calendar days
Page 38, Line 20after the date of issuance of the order imposing an
Page 38, Line 21administrative penalty. The commission shall conduct the
Page 38, Line 22hearing in accordance with section 24-4-105.
Page 39, Line 1(c) If a request for a hearing is filed, the requirement to
Page 39, Line 2pay a penalty is stayed pending a final decision by the commission
Page 39, Line 3after a hearing on the merits. The executive director is not
Page 39, Line 4precluded from imposing an administrative penalty against the
Page 39, Line 5producer or organization for subsequent violations of this part 10 committed during the pendency of the stay.
Page 39, Line 6(d) The executive director bears the burden of proof by a
Page 39, Line 7preponderance of the evidence in a hearing held pursuant to this section.
Page 39, Line 8(3) The executive director may enter into a settlement
Page 39, Line 9agreement with the producer or battery stewardship organization assessed a civil penalty under this section.
Page 39, Line 10(4) The state treasurer shall credit civil penalties
Page 39, Line 11collected pursuant to this section to the Colorado circular communities cash fund created in section 25-16.5-109 (4).
Page 39, Line 12(5) Notwithstanding any law to the contrary, nothing in this part 10 creates a private right of action.
Page 39, Line 1325-17-1016. Antitrust.If a battery stewardship
Page 39, Line 14organization engages in an activity performed solely in
Page 39, Line 15furtherance of implementing an approved plan in compliance
Page 39, Line 16with this part 10, the activity is not a violation of the antitrust,
Page 39, Line 17restraint of trade, and unfair trade practices provisions of the
Page 39, Line 18"Unfair Practices Act", article 2 of title 6, or the "Colorado State Antitrust Act of 2023", article 4 of title 6.
Page 39, Line 1925-17-1017. Collection of batteries independent of a battery
Page 39, Line 20stewardship program. (1) Nothing in this part 10 prevents or
Page 39, Line 21prohibits a person from offering or performing a fee-based,
Page 40, Line 1household collection, or a mail-back program for end-of-life
Page 40, Line 2portable batteries or medium-format batteries independently of
Page 40, Line 3a battery stewardship program, provided that the person meets the following requirements:
Page 40, Line 4(a) The person's services shall be performed, and the
Page 40, Line 5person's facilities shall be operated, in compliance with all
Page 40, Line 6applicable federal, state, and local laws and requirements,
Page 40, Line 7including all applicable federal department of transportation and environmental protection agency regulations;
Page 40, Line 8(b) The person shall make available all batteries
Page 40, Line 9collected from the person's Colorado customers to a battery stewardship organization; and
Page 40, Line 10(c) After consolidation of portable or medium-format
Page 40, Line 11batteries at the person's facilities, the transport to and
Page 40, Line 12processing of the batteries by the battery stewardship
Page 40, Line 13organization's designated sorters or processors is at the battery stewardship organization's expense.
Page 40, Line 1425-17-1018. Rules.The commission may adopt rules implementing this part 10.
Page 40, Line 15SECTION 2. Act subject to petition - effective date. This act
Page 40, Line 16takes effect at 12:01 a.m. on the day following the expiration of the
Page 40, Line 17ninety-day period after final adjournment of the general assembly; except
Page 40, Line 18that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 40, Line 19of the state constitution against this act or an item, section, or part of this
Page 40, Line 20act within such period, then the act, item, section, or part will not take
Page 40, Line 21effect unless approved by the people at the general election to be held in
Page 41, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.