Senate Bill 26-003 Introduced

A Bill for an Act

• Page 1, Line 101Concerning expanding the scope of the "Battery Stewardship

• Page 1, Line 102Act" to cover the end-of-life management of electric

• Page 1, Line 103vehicle 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.)

Senate Bill 25-163 created the "Battery Stewardship Act", which requires the establishment of battery stewardship organizations (organizations) and the submittal of battery stewardship plans (plans) to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries.

The bill expands the scope of the "Battery Stewardship Act" to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the "Battery Stewardship Act".

No later than April 1, 2028, and every 5 years thereafter, an organization must submit a plan for the collection, transportation, processing, reuse, repurposing, and recycling of propulsion batteries as part of a battery stewardship program. The bill specifies what a plan must contain to be approved by the executive director. On and after August 1, 2028, a provider of propulsion batteries selling, making available for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state is required to participate in and finance an organization that has submitted a plan.

An organization implementing a plan on behalf of providers of propulsion batteries is required to develop a website that includes educational and promotional materials and safety information related to battery storage and collection activities and submit annual reports to the executive director that concern certain information about the preceding year of plan implementation.

The bill includes requirements for the marking and labeling of propulsion batteries and requires the solid and hazardous waste commission to, no later than July 1, 2027, adopt rules establishing a process for the department of public health and environment to certify an entity as a qualified propulsion battery recycler.

On and after August 1, 2028, all propulsion batteries in the state must be managed in accordance with the requirements established by the bill.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  Short title. The short title of this act is the

• Page 2, Line 3"Promoting Responsible End-of-Life Management of Electric Vehicle

• Page 2, Line 4Batteries Act".

• Page 2, Line 5SECTION 2.  In Colorado Revised Statutes, 25-17-1002, amend

• Page 2, Line 6(2); and add (1.5) as follows:

• Page 2, Line 725-17-1002.  Legislative declaration.

• Page 2, Line 8(1.5)  The general assembly further finds that:

• Page 3, Line 1(a)  Electric vehicles are crucial tools for reducing

• Page 3, Line 2greenhouse gas emissions, which the state is required to

• Page 3, Line 3eliminate by 2050. Electric vehicles are also vital to reducing

• Page 3, Line 4local air pollution in areas of the state, such as the Denver

• Page 3, Line 5metro and north front range area, that the federal

• Page 3, Line 6environmental protection agency has designated as being in

• Page 3, Line 7nonattainment with a national ambient air quality standard. To

• Page 3, Line 8achieve emission reductions needed to meet state-mandated

• Page 3, Line 9climate goals and federally required ozone levels, many more

• Page 3, Line 10electric vehicles will need to be deployed in Colorado.

• Page 3, Line 11(b)  As electric vehicle sales in the state continue to grow,

• Page 3, Line 12substantially more electric vehicles will be retired in the

• Page 3, Line 13coming years, and their batteries, known as propulsion

• Page 3, Line 14batteries, will need to be handled;

• Page 3, Line 15(c)  Propulsion batteries often retain value even after

• Page 3, Line 16they cease to power the original vehicles and can be reused,

• Page 3, Line 17repurposed, or recycled. Secondary use cases for a propulsion

• Page 3, Line 18battery improve the sustainability profile of the electric

• Page 3, Line 19vehicle industry by extending the useful life of the critical

• Page 3, Line 20minerals contained within each propulsion battery. Secondary

• Page 3, Line 21uses also create local economic opportunities.

• Page 3, Line 22(d)  Multiple analyses have established that expensive and

• Page 3, Line 23hazardous risks result from the improper handling and disposal

• Page 3, Line 24of propulsion batteries; and

• Page 3, Line 25(e)  Unwanted propulsion batteries that are stored

• Page 3, Line 26improperly instead of being sorted for reuse, remanufacturing,

• Page 3, Line 27repurposing, or ultimate recycling and recovery of valuable

• Page 4, Line 1materials could potentially reduce the environmental benefits

• Page 4, Line 2of a robust circular economy for propulsion batteries while

• Page 4, Line 3also increasing the risk of battery fires. A robust extended

• Page 4, Line 4provider responsibility policy is needed to enable a propulsion

• Page 4, Line 5battery circular economy in the state.

• Page 4, Line 6(2)  The general assembly therefore declares that it is in the public

• Page 4, Line 7interest of Colorado to:

• Page 4, Line 8(a)  Require producers of batteries and providers of propulsion

• Page 4, Line 9batteries to finance and implement a coordinated, state-approved

• Page 4, Line 10system that increases access to the safe disposal of batteries in Colorado;

• Page 4, Line 11(b)  Reduce the inherent risk of fire that can occur when

• Page 4, Line 12propulsion batteries are improperly disposed of; and

• Page 4, Line 13(c)  Encourage the reuse, remanufacturing, and

• Page 4, Line 14repurposing of propulsion batteries and the ultimate recycling

• Page 4, Line 15of the valuable materials in a propulsion battery that can be

• Page 4, Line 16put back into the supply chain.

• Page 4, Line 17SECTION 3.  In Colorado Revised Statutes, 25-17-1003, amend

• Page 4, Line 18(3), (4), (8)(b)(VI), (25), (26), (28), (29), (30), and (31); and add (1.5),

• Page 4, Line 19(2.5), (13.5), (19.5), (23.3), (23.5), (23.7), (26.3), (26.5), (26.7), (32),

• Page 4, Line 20(33), (34), (35), (36), (37), (38), (39), and (40) as follows:

• Page 4, Line 2125-17-1003.  Definitions - rules.

• Page 4, Line 22As used in this part 10, unless the context otherwise requires:

• Page 4, Line 23(1.5)  "Battery" means a device consisting of one or more

• Page 4, Line 24electrically connected electrochemical cells, which device is

• Page 4, Line 25designed to receive, store, and deliver electric energy.

• Page 4, Line 26(2.5)  "Battery management hierarchy" means the process

• Page 4, Line 27of secondary handlers, secondary users, and propulsion battery

• Page 5, Line 1providers first striving to reuse, repurpose, or remanufacture

• Page 5, Line 2propulsion batteries, when doing so is possible and

• Page 5, Line 3cost-effective, before engaging in responsible end-of-life

• Page 5, Line 4management via a qualified battery recycler.

• Page 5, Line 5(3)  "Battery stewardship organization" or "organization" means

• Page 5, Line 6a producer or propulsion battery provider that directly implements

• Page 5, Line 7a battery stewardship plan in accordance with this part 10 or a nonprofit

• Page 5, Line 8organization designated by a producer or a group of producers, or by one

• Page 5, Line 9or more propulsion battery providers, to implement a battery

• Page 5, Line 10stewardship plan in accordance with this part 10.

• Page 5, Line 11(4)  "Battery stewardship plan" or "plan" means a plan for:

• Page 5, Line 12(a)  The collection, transportation, processing, and recycling of

• Page 5, Line 13covered batteries submitted to the executive director pursuant to section

• Page 5, Line 1425-17-1005 (1); or

• Page 5, Line 15(b)  The collection, transportation, reuse,

• Page 5, Line 16remanufacturing, repurposing, and recycling of propulsion

• Page 5, Line 17batteries submitted to the executive director pursuant to

• Page 5, Line 18section 25-17-1005 (1.5).

• Page 5, Line 19(8) (b)  "Covered battery" does not include:

• Page 5, Line 20(VI)  A battery, including a propulsion battery, assembled by

• Page 5, Line 21or for a vehicle manufacturer, or franchised dealer, that is designed to

• Page 5, Line 22power a motor vehicle, a part of a motor vehicle, or a component part of

• Page 5, Line 23a motor vehicle, including a replacement part for use in a motor vehicle.

• Page 5, Line 24(13.5)  "End of life" means the stage when a propulsion

• Page 5, Line 25battery or covered battery is retired from its first application.

• Page 5, Line 26(19.5)  "Orphaned battery" means a propulsion battery or

• Page 5, Line 27repurposed battery that has an unidentifiable propulsion

• Page 6, Line 1battery provider or secondary user or a propulsion battery

• Page 6, Line 2provider or secondary user that no longer exists.

• Page 6, Line 3(23.3)  "Propulsion battery" means a battery that is

• Page 6, Line 4primarily used to supply power to propel an electric or hybrid

• Page 6, Line 5vehicle.

• Page 6, Line 6(23.5) (a)  "Propulsion battery provider" means:

• Page 6, Line 7(I)  A person that first sells, offers for sale, or distributes

• Page 6, Line 8a propulsion battery or a vehicle containing a propulsion

• Page 6, Line 9battery in or into the state, including vehicle manufacturers

• Page 6, Line 10licensed pursuant to applicable state laws or propulsion

• Page 6, Line 11battery manufacturers that distribute propulsion batteries

• Page 6, Line 12under their own name or brand;

• Page 6, Line 13(II)  If there is not a person that subsection (23.5)(a)(I) of

• Page 6, Line 14this section applies to, the owner or licensee of the brand or

• Page 6, Line 15trademark under which the propulsion battery is sold, offered

• Page 6, Line 16for sale, or distributed in or into the state. This includes an

• Page 6, Line 17exclusive licensee with the exclusive right to use the brand or

• Page 6, Line 18trademark in connection with the distribution or sale of

• Page 6, Line 19propulsion batteries.

• Page 6, Line 20(III)  If there is not a person that subsection (23.5)(a)(I) or

• Page 6, Line 21(23.5)(a)(II) of this section applies to, the person that imports the

• Page 6, Line 22propulsion battery into the state for sale, distribution, or

• Page 6, Line 23installation; and

• Page 6, Line 24(IV)  If there is not a person that subsection (23.5)(a)(I),

• Page 6, Line 25(23.5)(a)(II), or (23.5)(a)(III) of this section applies to, the

• Page 6, Line 26distributor, dealer, or wholesaler that sells, offers for sale, or

• Page 6, Line 27distributes the propulsion battery in or into the state.

• Page 7, Line 1(b)  For the purposes of this subsection (23.5), the sale of a

• Page 7, Line 2propulsion battery occurs in the state if the propulsion battery,

• Page 7, Line 3or the vehicle containing the propulsion battery, is delivered to

• Page 7, Line 4a licensed dealer or directly to a consumer in the state.

• Page 7, Line 5(23.7) (a)  "Qualified battery recycler" means an entity or

• Page 7, Line 6facility that:

• Page 7, Line 7(I)  Is certified by the department pursuant to rules

• Page 7, Line 8established by the commission in accordance with section

• Page 7, Line 925-17-1018 (1);

• Page 7, Line 10(II)  Abides by all applicable federal, state, and local

• Page 7, Line 11laws; and

• Page 7, Line 12(III)  Extracts and separates a composition of components

• Page 7, Line 13from an end-of-life propulsion battery, such as aluminum,

• Page 7, Line 14cobalt, copper, graphite, iron, lithium compounds, manganese,

• Page 7, Line 15and nickel, and sends the material for further processing or

• Page 7, Line 16refining to another qualified battery recycler.

• Page 7, Line 17(b)  "Qualified battery recycler" includes an entity or

• Page 7, Line 18facility that meets the specifications of subsection (23.7)(a) of

• Page 7, Line 19this section and relies on a separate entity or facility for the

• Page 7, Line 20collection and sorting of propulsion batteries.

• Page 7, Line 21(c)  "Qualified battery recycler" does not include an

• Page 7, Line 22entity or facility that only engages in the collection or

• Page 7, Line 23logistics of moving materials for recycling.

• Page 7, Line 24(25) (a)  "Recycling" has the meaning set forth in section

• Page 7, Line 2525-17-703 (37).

• Page 7, Line 26(b)  "Recycling" does not include smelting.

• Page 7, Line 27(26)  "Recycling efficiency rate" means the ratio of the weight of

• Page 8, Line 1components and materials recycled by a battery stewardship organization

• Page 8, Line 2from covered batteries or propulsion batteries to the weight of

• Page 8, Line 3covered batteries or propulsion batteries, respectively, as collected

• Page 8, Line 4by the battery stewardship organization.

• Page 8, Line 5(26.3)  "Remanufacture" means the process of refurbishing

• Page 8, Line 6end-of-life battery packs, modules, or cells to fulfill the same

• Page 8, Line 7use that was originally intended for the battery packs,

• Page 8, Line 8modules, or cells.

• Page 8, Line 9(26.5)  "Repurpose" means the process of modifying a

• Page 8, Line 10propulsion battery or propulsion battery pack, module, or cell

• Page 8, Line 11to store and supply electricity in a manner other than the

• Page 8, Line 12original intended purpose of the propulsion battery.

• Page 8, Line 13(26.7)  "Responsible end-of-life management" means

• Page 8, Line 14ensuring an end-of-life propulsion battery is managed pursuant

• Page 8, Line 15to the battery management hierarchy.

• Page 8, Line 16(28)  "Universal waste" has the meaning set forth in rules adopted

• Page 8, Line 17by the commission "Reuse" means the use of a propulsion battery

• Page 8, Line 18in another vehicle.

• Page 8, Line 19(29)  "Universal waste battery" means a waste battery generated by

• Page 8, Line 20a nonresidential entity, such as a business, school, or government agency,

• Page 8, Line 21that is managed as universal waste regulated in accordance with the

• Page 8, Line 22commission's rules governing standards for universal waste management

• Page 8, Line 23"Secondary handler" means an entity or facility that takes

• Page 8, Line 24possession of a propulsion battery to sort, reuse,

• Page 8, Line 25remanufacture, or prepare the propulsion battery for

• Page 8, Line 26repurposing by a secondary user or for responsible end-of-life

• Page 8, Line 27management by a qualified battery recycler.

• Page 9, Line 1(30)  "Universal waste handler" means the owner or operator of a

• Page 9, Line 2facility that receives, accumulates, and sends universal waste to another

• Page 9, Line 3universal waste handler, a destination facility, or a foreign destination in

• Page 9, Line 4accordance with the commission's rules governing standards for universal

• Page 9, Line 5waste management "Secondary user" means an entity that

• Page 9, Line 6repurposes a propulsion battery for further use.

• Page 9, Line 7(31)  "Written certification" means written certification by a

• Page 9, Line 8producer that:

• Page 9, Line 9(a)  The producer is a member of a battery stewardship

• Page 9, Line 10organization; and

• Page 9, Line 11(b)  A covered battery or battery-containing product is marked in

• Page 9, Line 12accordance with section 25-17-1013 or the rules adopted in accordance

• Page 9, Line 13with section 25-17-1013 "Smelting" means to melt or fuse a

• Page 9, Line 14metalliferous mineral, often with an accompanying chemical

• Page 9, Line 15change, usually to separate the metal.

• Page 9, Line 16(32)  "Solid waste collector" means a person that operates

• Page 9, Line 17collection routes for the removal of solid waste from

• Page 9, Line 18residential, multiresidential, commercial, or industrial

• Page 9, Line 19premises.

• Page 9, Line 20(33)  "Solid waste disposal site and facility" has the same

• Page 9, Line 21meaning as "solid wastes disposal site and facility" as defined in

• Page 9, Line 22section 30-20-101 (8).

• Page 9, Line 23(34)  "State of charge" means the measure of a propulsion

• Page 9, Line 24battery's remaining capacity, expressed as a percentage of its

• Page 9, Line 25total capacity.

• Page 9, Line 26(35)  "State of health" means a calculated parameter that

• Page 9, Line 27correlates to usable propulsion battery energy for the

• Page 10, Line 1certified range value and is normalized from zero to one

• Page 10, Line 2hundred percent.

• Page 10, Line 3(36)  "Universal waste" has the meaning set forth in rules

• Page 10, Line 4adopted by the commission.

• Page 10, Line 5(37)  "Universal waste battery" means a waste battery

• Page 10, Line 6generated by a nonresidential entity, such as a business, school,

• Page 10, Line 7or government agency, that is managed as universal waste

• Page 10, Line 8regulated in accordance with the commission's rules governing

• Page 10, Line 9standards for universal waste management.

• Page 10, Line 10(38)  "Universal waste handler" means the owner or

• Page 10, Line 11operator of a facility that receives, accumulates, and sends

• Page 10, Line 12universal waste to another universal waste handler, a

• Page 10, Line 13destination facility, or a foreign destination in accordance with

• Page 10, Line 14the commission's rules governing standards for universal waste

• Page 10, Line 15management.

• Page 10, Line 16(39)  "Unwanted propulsion battery" means a propulsion

• Page 10, Line 17battery that is no longer wanted by the owner and is thus

• Page 10, Line 18required to be collected by a battery stewardship organization

• Page 10, Line 19for responsible end-of-life management.

• Page 10, Line 20(40)  "Written certification" means written certification

• Page 10, Line 21by a producer that:

• Page 10, Line 22(a)  The producer is a member of a battery stewardship

• Page 10, Line 23organization; and

• Page 10, Line 24(b)  A covered battery or battery-containing product is

• Page 10, Line 25marked in accordance with section 25-17-1013 or the rules

• Page 10, Line 26adopted in accordance with section 25-17-1013.

• Page 10, Line 27SECTION 4.  In Colorado Revised Statutes, 25-17-1004, amend

• Page 11, Line 1(2)(e)(I) and (3); and add (1.5) as follows:

• Page 11, Line 225-17-1004.  Requirement that producers and propulsion

• Page 11, Line 3battery providers participate in a battery stewardship plan - retailer

• Page 11, Line 4and propulsion battery provider requirements - no point-of-sale fees.

• Page 11, Line 5(1.5)  On and after August 1, 2028:

• Page 11, Line 6(a)  A propulsion battery provider selling, making

• Page 11, Line 7available for sale, or distributing propulsion batteries or

• Page 11, Line 8vehicles containing a propulsion battery in or into the state

• Page 11, Line 9shall participate in and finance a battery stewardship

• Page 11, Line 10organization that has submitted a plan pursuant to section

• Page 11, Line 1125-17-1005 (1.5); and

• Page 11, Line 12(b)  A propulsion battery provider shall not sell, make

• Page 11, Line 13available for sale, or distribute propulsion batteries in or into

• Page 11, Line 14the state unless that propulsion battery provider participates

• Page 11, Line 15in a battery stewardship organization and a battery

• Page 11, Line 16stewardship plan.

• Page 11, Line 17(2) (e) (I) (A)  A battery stewardship organization implementing

• Page 11, Line 18a battery stewardship plan on behalf of producers of covered

• Page 11, Line 19batteries shall make information available to a retailer for voluntary use

• Page 11, Line 20that the retailer may use to inform customers of available end-of-life

• Page 11, Line 21management options for covered batteries collected by the battery

• Page 11, Line 22stewardship organization, which information must include in-store

• Page 11, Line 23signage, written materials, and other promotional materials.

• Page 11, Line 24(B)  A battery stewardship organization implementing a

• Page 11, Line 25battery stewardship plan on behalf of propulsion battery

• Page 11, Line 26providers shall make information available to a propulsion

• Page 11, Line 27battery provider for voluntary use to inform customers of

• Page 12, Line 1available end-of-life management options for propulsion

• Page 12, Line 2batteries collected by the battery stewardship organization,

• Page 12, Line 3which information must include in-store signage, written

• Page 12, Line 4materials, and other promotional materials.

• Page 12, Line 5(3)  A retailer, producer, propulsion battery provider, or

• Page 12, Line 6battery stewardship organization shall not charge a point-of-sale fee to

• Page 12, Line 7consumers to cover the administrative or operational costs of a battery

• Page 12, Line 8stewardship organization or a battery stewardship program.

• Page 12, Line 9SECTION 5.  In Colorado Revised Statutes, 25-17-1005, amend

• Page 12, Line 10(2), (3)(c), and (3)(e); and add (1.5) as follows:

• Page 12, Line 1125-17-1005.  Battery stewardship plans - review and approval

• Page 12, Line 12by the executive director.

• Page 12, Line 13(1.5)  No later than April 1, 2028, and every five years

• Page 12, Line 14thereafter, a battery stewardship organization shall submit to

• Page 12, Line 15the executive director a plan for the collection,

• Page 12, Line 16transportation, processing, reuse, repurposing, and recycling of

• Page 12, Line 17propulsion batteries under a battery stewardship program. The

• Page 12, Line 18executive director shall review and approve, disapprove, or

• Page 12, Line 19conditionally approve a plan based on whether the plan:

• Page 12, Line 20(a)  Lists and provides contact information for each

• Page 12, Line 21propulsion battery provider covered by the plan;

• Page 12, Line 22(b)  Includes safety training procedures related to

• Page 12, Line 23propulsion battery collection activities, including a description

• Page 12, Line 24of operating protocols to reduce the risk of fire, response

• Page 12, Line 25protocols in the event of a fire, and protocols for safe

• Page 12, Line 26management of damaged or defective propulsion batteries that

• Page 12, Line 27are returned;

• Page 13, Line 1(c)  Describes a method to establish and administer a

• Page 13, Line 2means for fully funding the program in a manner that equitably

• Page 13, Line 3distributes the program's costs among the propulsion battery

• Page 13, Line 4providers participating in the organization, including a

• Page 13, Line 5description of the charges collected from propulsion battery

• Page 13, Line 6providers pursuant to section 25-17-1012. If a propulsion battery

• Page 13, Line 7provider chooses to directly implement a plan individually

• Page 13, Line 8without designating a nonprofit organization, the plan must

• Page 13, Line 9describe the proposed method to establish and administer a

• Page 13, Line 10means for fully funding the program.

• Page 13, Line 11(d)  Describes how the program will collect propulsion

• Page 13, Line 12batteries on a free, continuous, and convenient basis;

• Page 13, Line 13(e)  Identifies proposed service providers, such as sorters,

• Page 13, Line 14collectors, transporters, refurbishers, repurposers, and

• Page 13, Line 15qualified battery recyclers, to be used by the program for the

• Page 13, Line 16final disposition of propulsion batteries and proposed provisions

• Page 13, Line 17for record keeping, tracking, and documenting the fate of

• Page 13, Line 18collected propulsion batteries; and

• Page 13, Line 19(f)  Details how the program will achieve a recycling

• Page 13, Line 20efficiency rate of at least sixty percent.

• Page 13, Line 21(2)  A battery stewardship organization implementing a battery

• Page 13, Line 22stewardship plan on behalf of producers of covered batteries

• Page 13, Line 23must provide plan amendments to the executive director for approval

• Page 13, Line 24when proposing changes to the performance goals described in section

• Page 13, Line 2525-17-1006 based on the experience of the program, including the

• Page 13, Line 26experience of the program during the six months before the submission

• Page 13, Line 27of the amendments, or when there is a change to the method of financing

• Page 14, Line 1the program pursuant to section 25-17-1007 (1).

• Page 14, Line 2(3) (c)  If a revised plan is disapproved by the executive director,

• Page 14, Line 3a producer or propulsion battery provider operating under the plan

• Page 14, Line 4is not in compliance with this part 10 until the executive director approves

• Page 14, Line 5a plan submitted by an organization that covers the producer or the

• Page 14, Line 6producer's battery brand or battery-containing product brand or the

• Page 14, Line 7propulsion battery provider.

• Page 14, Line 8(e)  A battery stewardship organization shall provide written

• Page 14, Line 9notification to the executive director within thirty days after a producer

• Page 14, Line 10or propulsion battery provider begins to participate or ceases to

• Page 14, Line 11participate in the organization or after the adding or removing of a

• Page 14, Line 12processor or transporter.

• Page 14, Line 13SECTION 6.  In Colorado Revised Statutes, 25-17-1006, amend

• Page 14, Line 14(1) introductory portion and (2) as follows:

• Page 14, Line 1525-17-1006.  Performance goals.

• Page 14, Line 16(1)  A battery stewardship plan for covered batteries must

• Page 14, Line 17include performance goals that measure, on an annual basis, the

• Page 14, Line 18achievements of the battery stewardship program, including:

• Page 14, Line 19(2)  A battery stewardship organization implementing a battery

• Page 14, Line 20stewardship plan on behalf of producers of covered batteries

• Page 14, Line 21shall meet the performance goals established pursuant to the

• Page 14, Line 22organization's approved plan and shall not reduce or cease collection,

• Page 14, Line 23education and outreach, or other activities implemented under an

• Page 14, Line 24approved plan based on the achievement of performance goals.

• Page 14, Line 25SECTION 7.  In Colorado Revised Statutes, 25-17-1007, amend

• Page 14, Line 26(1)(a) introductory portion, (1)(a)(I), (2)(a) introductory portion, (2)(a)(I),

• Page 14, Line 27and (2)(c) as follows:

• Page 15, Line 125-17-1007.  Collection of charges - reimbursement of

• Page 15, Line 2collection sites and electronic waste recyclers.

• Page 15, Line 3(1) (a)  A battery stewardship organization implementing a battery

• Page 15, Line 4stewardship plan on behalf of producers or propulsion battery

• Page 15, Line 5providers shall develop and administer a system to collect charges from

• Page 15, Line 6participating producers or propulsion battery providers, as

• Page 15, Line 7applicable, to cover the costs of program implementation, including:

• Page 15, Line 8(I)  Covered battery or propulsion battery collection, sortation,

• Page 15, Line 9transportation, processing, and recycling in a manner that is safe for

• Page 15, Line 10public health and the environment;

• Page 15, Line 11(2) (a)  A battery stewardship organization implementing a

• Page 15, Line 12battery stewardship plan on behalf of producers of covered

• Page 15, Line 13batteries shall reimburse a participating collection site, as described in

• Page 15, Line 14section 25-17-1008, for:

• Page 15, Line 15(I)  Demonstrable costs incurred by a local government serving as

• Page 15, Line 16a collection site, a solid waste disposal site and facility, or a local

• Page 15, Line 17government's designated collection site as a result of implementing a

• Page 15, Line 18battery stewardship program, including associated labor costs and other

• Page 15, Line 19costs associated with accessibility and collection site standards such as

• Page 15, Line 20storage; and

• Page 15, Line 21(c)  A battery stewardship organization implementing a battery

• Page 15, Line 22stewardship plan on behalf of producers of covered batteries

• Page 15, Line 23shall, at a minimum, provide collection sites with appropriate containers

• Page 15, Line 24for covered batteries subject to its program as well as training, signage,

• Page 15, Line 25safety guidance, and educational materials at no cost to the collection

• Page 15, Line 26sites.

• Page 15, Line 27SECTION 8.  In Colorado Revised Statutes, 25-17-1008, amend

• Page 16, Line 1(1), (2)(a) introductory portion, (4)(a)(I) introductory portion, (4)(a)(II),

• Page 16, Line 2and (6)(a); and add (7) as follows:

• Page 16, Line 325-17-1008.  Collection site requirements - statewide collection

• Page 16, Line 4opportunities - minimum amount of collection sites - collection and

• Page 16, Line 5recycling requirements for propulsion batteries.

• Page 16, Line 6(1) (a)  A battery stewardship organization implementing a battery

• Page 16, Line 7stewardship plan on behalf of producers of covered batteries shall

• Page 16, Line 8provide the collection of covered batteries, including all types and brands

• Page 16, Line 9of covered batteries, on a free, continuous, convenient, visible, and

• Page 16, Line 10accessible basis to any person.

• Page 16, Line 11(b)  Except as provided in subsection (3) of this section, a battery

• Page 16, Line 12stewardship plan for covered batteries must arrange for the collection

• Page 16, Line 13of each type and brand of covered battery from a person at a collection

• Page 16, Line 14site in accordance with the statewide collection opportunities described

• Page 16, Line 15in subsections (4)(b) and (4)(c) of this section.

• Page 16, Line 16(2) (a)  For each collection site used by a battery stewardship

• Page 16, Line 17program for covered batteries, the battery stewardship organization

• Page 16, Line 18implementing the program shall:

• Page 16, Line 19(4) (a) (I)  A battery stewardship organization implementing a

• Page 16, Line 20battery stewardship plan on behalf of producers of covered

• Page 16, Line 21batteries shall:

• Page 16, Line 22(II)  A battery stewardship organization implementing a battery

• Page 16, Line 23stewardship plan on behalf of producers of covered batteries

• Page 16, Line 24shall determine statewide collection opportunities through geographic

• Page 16, Line 25information modeling that considers permanent collection sites.

• Page 16, Line 26(6) (a)  If cost-effective, mutually agreeable, and otherwise

• Page 16, Line 27practicable, a battery stewardship organization shall use existing public

• Page 17, Line 1and private waste collection services and facilities in implementing a

• Page 17, Line 2battery stewardship program on behalf of producers of covered

• Page 17, Line 3batteries, including collection sites that are established through other

• Page 17, Line 4battery collection services, transporters, consolidators, processors,

• Page 17, Line 5electronic waste recyclers, and retailers.

• Page 17, Line 6(7)  A battery stewardship organization implementing a

• Page 17, Line 7battery stewardship plan on behalf of propulsion battery

• Page 17, Line 8providers shall:

• Page 17, Line 9(a)  Upon receiving notification that a propulsion battery

• Page 17, Line 10needs collection, retrieve the battery and ensure responsible

• Page 17, Line 11end-of-life management in a timely and safe manner;

• Page 17, Line 12(b)  Ensure the responsible end-of-life management of a

• Page 17, Line 13propulsion battery that is returned directly to a propulsion

• Page 17, Line 14battery provider in accordance with the battery management

• Page 17, Line 15hierarchy; and

• Page 17, Line 16(c)  Coordinate with qualified battery recyclers for the

• Page 17, Line 17responsible end-of-life management of propulsion batteries to

• Page 17, Line 18ensure compliance with this part 10.

• Page 17, Line 19SECTION 9.  In Colorado Revised Statutes, 25-17-1009, amend

• Page 17, Line 20(1) as follows:

• Page 17, Line 2125-17-1009.  Assessment of battery-containing products

• Page 17, Line 22required.

• Page 17, Line 23(1)  On or before December 1, 2028, a battery stewardship

• Page 17, Line 24organization implementing a battery stewardship plan on behalf

• Page 17, Line 25of producers of covered batteries shall complete an assessment of

• Page 17, Line 26the opportunities and challenges associated with the end-of-life

• Page 17, Line 27management of portable and medium-format embedded batteries in the

• Page 18, Line 1state. A battery stewardship organization should, to the extent feasible,

• Page 18, Line 2extrapolate findings from related studies, including those conducted

• Page 18, Line 3within Colorado, and apply the findings to the assessment for Colorado.

• Page 18, Line 4SECTION 10.  In Colorado Revised Statutes, 25-17-1010, amend

• Page 18, Line 5(1) introductory portion, (2) introductory portion, (3), (4), and (6); and

• Page 18, Line 6add (7) as follows:

• Page 18, Line 725-17-1010.  Education and outreach requirements -

• Page 18, Line 8coordination with other battery stewardship organizations - survey

• Page 18, Line 9of public awareness.

• Page 18, Line 10(1)  A battery stewardship organization implementing a battery

• Page 18, Line 11stewardship plan on behalf of producers of covered batteries

• Page 18, Line 12shall carry out promotional activities in support of the implementation of

• Page 18, Line 13a battery stewardship program, including:

• Page 18, Line 14(2)  A battery stewardship organization implementing a battery

• Page 18, Line 15stewardship plan on behalf of producers of covered batteries

• Page 18, Line 16shall provide:

• Page 18, Line 17(3)  A battery stewardship organization implementing a battery

• Page 18, Line 18stewardship plan on behalf of producers of covered batteries

• Page 18, Line 19may seek reimbursement from the producer of a recalled battery for

• Page 18, Line 20expenses incurred in the collection, transportation, and processing of the

• Page 18, Line 21recalled battery.

• Page 18, Line 22(4)  Upon request by a retailer or other potential collector, a battery

• Page 18, Line 23stewardship organization implementing a battery stewardship plan

• Page 18, Line 24on behalf of producers of covered batteries shall provide the

• Page 18, Line 25retailer or other potential collector educational materials describing

• Page 18, Line 26collection opportunities for batteries.

• Page 18, Line 27(6)  During the first year of program implementation, and every

• Page 19, Line 1five years thereafter, a battery stewardship organization implementing

• Page 19, Line 2a battery stewardship plan on behalf of producers of covered

• Page 19, Line 3batteries shall carry out, in coordination with the other approved battery

• Page 19, Line 4stewardship organizations, a survey of public awareness regarding the

• Page 19, Line 5requirements of the program established pursuant to this part 10. The

• Page 19, Line 6battery stewardship organization shall share the results of the public

• Page 19, Line 7awareness survey with the executive director through the annual reporting

• Page 19, Line 8process described in section 25-17-1011.

• Page 19, Line 9(7)  A battery stewardship organization implementing a

• Page 19, Line 10battery stewardship plan on behalf of propulsion battery

• Page 19, Line 11providers shall:

• Page 19, Line 12(a)  Develop and maintain a website; and

• Page 19, Line 13(b)  Provide on the website:

• Page 19, Line 14(I)  Educational and promotional materials to propulsion

• Page 19, Line 15battery providers, solid waste collectors, and recycling

• Page 19, Line 16collectors;

• Page 19, Line 17(II)  Safety information related to battery storage and

• Page 19, Line 18collection activities, including appropriate protocols to reduce

• Page 19, Line 19risks of fires, response protocols in the event of a fire, and

• Page 19, Line 20response protocols in the event of detection of a damaged or

• Page 19, Line 21defective propulsion battery; and

• Page 19, Line 22(III)  Safety training materials for firefighters and first

• Page 19, Line 23responders related to propulsion battery fires, response

• Page 19, Line 24protocols in the event of a propulsion battery fire, and

• Page 19, Line 25protocols for safe management of damaged or defective

• Page 19, Line 26propulsion batteries.

• Page 19, Line 27SECTION 11.  In Colorado Revised Statutes, 25-17-1011, amend

• Page 20, Line 1(1) introductory portion; and add (4), (5), and (6) as follows:

• Page 20, Line 225-17-1011.  Annual reporting requirements - proprietary

• Page 20, Line 3information.

• Page 20, Line 4(1)  On or before June 1, 2029, and on or before each June 1

• Page 20, Line 5thereafter, a battery stewardship organization implementing a battery

• Page 20, Line 6stewardship plan on behalf of producers of covered batteries

• Page 20, Line 7shall submit an annual report to the executive director covering the

• Page 20, Line 8preceding calendar year of battery stewardship plan implementation. The

• Page 20, Line 9report must include the following:

• Page 20, Line 10(4)  On or before June 1, 2030, and on or before each June 1

• Page 20, Line 11thereafter, a battery stewardship organization implementing a

• Page 20, Line 12battery stewardship plan on behalf of propulsion battery

• Page 20, Line 13providers shall submit an annual report to the executive

• Page 20, Line 14director covering the preceding calendar year of battery

• Page 20, Line 15stewardship plan implementation. The report must include the

• Page 20, Line 16following:

• Page 20, Line 17(a)  A financial assessment of the program implemented by

• Page 20, Line 18the organization, including a breakdown of the program's

• Page 20, Line 19expenses, such as collection expenses, recycling expenses,

• Page 20, Line 20education and outreach expenses, and overhead expenses;

• Page 20, Line 21(b)  A summary financial statement documenting the

• Page 20, Line 22financing of the organization's program and an analysis of

• Page 20, Line 23program costs and expenditures, including an analysis of the

• Page 20, Line 24program's expenses, such as expenses for collection,

• Page 20, Line 25transportation, recycling, education, and administrative

• Page 20, Line 26overhead. The summary financial statement must be sufficiently

• Page 20, Line 27detailed to show that the charges collected from propulsion

• Page 21, Line 1battery providers as a result of the providers' activities in the

• Page 21, Line 2state are spent on program implementation in the state. If the

• Page 21, Line 3organization is implementing similar programs in multiple

• Page 21, Line 4states, the organization may submit a financial statement

• Page 21, Line 5including all covered states, as long as the statement breaks

• Page 21, Line 6out financial information pertinent to Colorado.

• Page 21, Line 7(c)  The weight, by chemistry, of propulsion batteries

• Page 21, Line 8collected under the program;

• Page 21, Line 9(d)  The weight of materials recycled from propulsion

• Page 21, Line 10batteries collected under the program, in total and by method

• Page 21, Line 11of reuse, remanufacturing, repurposing, and battery recycling

• Page 21, Line 12and by qualified battery recycler;

• Page 21, Line 13(e)  The recycling efficiency rate for recycled propulsion

• Page 21, Line 14batteries, the recovery of materials from recycled propulsion

• Page 21, Line 15batteries, and the yield of the final output fractions of critical

• Page 21, Line 16minerals, including lithium, cobalt, nickel, and copper, or other

• Page 21, Line 17relevant metals, as applicable;

• Page 21, Line 18(f)  A list of all facilities used in the processing of

• Page 21, Line 19propulsion batteries, including identification of a facility's

• Page 21, Line 20location and whether the facility is located domestically;

• Page 21, Line 21(g)  For each facility used in the responsible end-of-life

• Page 21, Line 22management of propulsion batteries, a description of how the

• Page 21, Line 23facility managed propulsion batteries and propulsion battery

• Page 21, Line 24components;

• Page 21, Line 25(h)  The estimated aggregate sales, by weight and

• Page 21, Line 26chemistry, of propulsion batteries sold, offered for sale, or

• Page 21, Line 27distributed in or into the state by participating propulsion

• Page 22, Line 1battery providers for each of the five years immediately

• Page 22, Line 2preceding the submission of the annual report; and

• Page 22, Line 3(i)  A description of the methods used to collect,

• Page 22, Line 4transport, and recycle propulsion batteries by the

• Page 22, Line 5organization.

• Page 22, Line 6(5)  The weight of propulsion batteries or recovered

• Page 22, Line 7resources from those batteries shall be counted only once

• Page 22, Line 8toward an organization's recycling efficiency rate and for the

• Page 22, Line 9purposes of collecting charges pursuant to section 25-17-1007

• Page 22, Line 10(1)(a) and shall not be counted by more than one battery

• Page 22, Line 11stewardship organization.

• Page 22, Line 12(6)  The executive director and a battery stewardship

• Page 22, Line 13organization shall keep proprietary information provided by a

• Page 22, Line 14propulsion battery provider confidential and make aggregated

• Page 22, Line 15information available upon request.

• Page 22, Line 16SECTION 12.  In Colorado Revised Statutes, 25-17-1012, amend

• Page 22, Line 17(2)(d)(III), (2)(d)(IV), and (2)(d)(V) as follows:

• Page 22, Line 1825-17-1012.  Annual fee - battery stewardship fund -

• Page 22, Line 19responsibilities of the executive director.

• Page 22, Line 20(2) (d)  The department shall use funds collected pursuant to this

• Page 22, Line 21section to provide direct services to battery stewardship organizations

• Page 22, Line 22with an approved plan to ensure effective program oversight, compliance

• Page 22, Line 23support, and public engagement. Such services include:

• Page 22, Line 24(III)  Providing, upon request, a list of approved battery

• Page 22, Line 25stewardship organizations, participating producers and propulsion

• Page 22, Line 26battery providers, and compliant retailers to increase consumer

• Page 22, Line 27awareness and promote participation in a battery stewardship program;

• Page 23, Line 1(IV)  Offering technical assistance, including regulatory guidance,

• Page 23, Line 2best practices for collection site operations, and support for retailers, and

• Page 23, Line 3producers, and propulsion battery providers navigating compliance

• Page 23, Line 4requirements;

• Page 23, Line 5(V)  Collaborating with approved battery stewardship

• Page 23, Line 6organizations to address operational challenges; facilitate coordination

• Page 23, Line 7between producers, recyclers, propulsion battery providers, and local

• Page 23, Line 8governments; and ensure continuous program improvement; and

• Page 23, Line 9SECTION 13.  In Colorado Revised Statutes, 25-17-1013, add (3)

• Page 23, Line 10as follows:

• Page 23, Line 1125-17-1013.  Marking and labeling requirements for batteries

• Page 23, Line 12- rules.

• Page 23, Line 13(3)  On and after August 1, 2028, a propulsion battery

• Page 23, Line 14provider shall not sell, offer for sale, or distribute in or into

• Page 23, Line 15the state a propulsion battery unless the propulsion battery

• Page 23, Line 16provider:

• Page 23, Line 17(a)  Applies a unique identifier as a permanent label to the

• Page 23, Line 18propulsion battery that is visible once the battery is removed

• Page 23, Line 19from a vehicle. The label must include the following:

• Page 23, Line 20(I)  An identification of the chemistry of the propulsion

• Page 23, Line 21battery, including the cathode type and anode type, in

• Page 23, Line 22accordance with SAE International's standard J2984, "Chemical

• Page 23, Line 23Identification of Transportation Batteries for Recycling";

• Page 23, Line 24(II)  The name of the propulsion battery provider, or the

• Page 23, Line 25secondary user with respect to a repurposed battery,

• Page 23, Line 26responsible for the propulsion battery and its date of

• Page 23, Line 27manufacture;

• Page 24, Line 1(III)  The minimum voltage of the battery pack;

• Page 24, Line 2(IV)  The rated capacity as measured by SAE

• Page 24, Line 3International's standard J2288, "Life Cycle Testing of Electric

• Page 24, Line 4Vehicle Battery Modules";

• Page 24, Line 5(V)  The number of cells in the propulsion battery;

• Page 24, Line 6(VI)  Any hazardous substances contained in the

• Page 24, Line 7propulsion battery;

• Page 24, Line 8(VII)  Product safety and recall information;

• Page 24, Line 9(VIII)  Safe disposal and battery return information; and

• Page 24, Line 10(IX)  A digital identifier that is linked to a data

• Page 24, Line 11repository. In lieu of a unique digital identifier or entry in the

• Page 24, Line 12data repository website for each separate date of manufacture

• Page 24, Line 13included on the label, a propulsion battery provider may utilize

• Page 24, Line 14a common digital identifier, linked to a common data repository

• Page 24, Line 15website, covering a period of time representing multiple dates of

• Page 24, Line 16manufacture.

• Page 24, Line 17(b)  Ensures that battery state of health data are easily

• Page 24, Line 18interpretable and accessible to secondary handlers and

• Page 24, Line 19secondary users while the propulsion battery is inside a vehicle

• Page 24, Line 20and that the last available state of health and state of charge

• Page 24, Line 21data, and any instances of overheating, overcharging, or other

• Page 24, Line 22faults, are accessible once the propulsion battery has been

• Page 24, Line 23removed from the vehicle.

• Page 24, Line 24SECTION 14.  In Colorado Revised Statutes, 25-17-1014, amend

• Page 24, Line 25(2)(d); and add (3) and (4) as follows:

• Page 24, Line 2625-17-1014.  Battery disposal and collection requirements -

• Page 24, Line 27landfill disposal prohibited.

• Page 25, Line 1(2)  On and after January 1, 2030:

• Page 25, Line 2(d)  An owner or operator of a solid waste disposal site and

• Page 25, Line 3facility does not violate this section if the facility has posted in a

• Page 25, Line 4conspicuous location a sign stating that covered batteries must be

• Page 25, Line 5managed through collection sites established by a battery stewardship

• Page 25, Line 6organization and are not accepted for disposal; and

• Page 25, Line 7(3)  On and after August 1, 2028, a person shall manage an

• Page 25, Line 8unwanted propulsion battery by:

• Page 25, Line 9(a)  Returning or delivering the propulsion battery or the

• Page 25, Line 10vehicle containing the propulsion battery to the propulsion

• Page 25, Line 11battery provider, the secondary user, or a battery stewardship

• Page 25, Line 12organization;

• Page 25, Line 13(b)  Notifying the propulsion battery provider, the

• Page 25, Line 14secondary user, or a battery stewardship organization and

• Page 25, Line 15coordinating timely and safe pickup of the propulsion battery by

• Page 25, Line 16the battery stewardship organization; or

• Page 25, Line 17(c)  Selling or transferring the propulsion battery or the

• Page 25, Line 18vehicle containing the propulsion battery to a secondary

• Page 25, Line 19handler, secondary user, or qualified battery recycler.

• Page 25, Line 20(4)  On and after August 1, 2028:

• Page 25, Line 21(a)  All propulsion batteries in the state must be managed

• Page 25, Line 22responsibly at end of life in accordance with this part 10;

• Page 25, Line 23(b)  Propulsion batteries that are hazardous waste as

• Page 25, Line 24defined under federal or state hazardous or solid waste laws

• Page 25, Line 25must be managed in a manner consistent with those laws; and

• Page 25, Line 26(c)  A person shall not dispose of a propulsion battery by

• Page 25, Line 27taking the propulsion battery to a landfill.

• Page 26, Line 1SECTION 15.  In Colorado Revised Statutes, amend 25-17-1015

• Page 26, Line 2as follows:

• Page 26, Line 325-17-1015.  Enforcement - responsibilities of the department

• Page 26, Line 4- study - repeal.

• Page 26, Line 5(1)  For violations related to covered batteries and the management

• Page 26, Line 6of universal waste pursuant to this part 10, the enforcement process is

• Page 26, Line 7conducted pursuant to section 25-15-308 and rules adopted by the

• Page 26, Line 8commission in accordance with section 25-15-302.

• Page 26, Line 9(2)  To implement this part 10, the department shall:

• Page 26, Line 10(a)  Notify secondary handlers, secondary users, and solid

• Page 26, Line 11waste collectors that the disposal of propulsion batteries in

• Page 26, Line 12landfills is prohibited and that a battery stewardship

• Page 26, Line 13organization can be contacted to take responsibility for an

• Page 26, Line 14unwanted propulsion battery; and

• Page 26, Line 15(b)  Determine how to proceed if the federal government

• Page 26, Line 16enacts a law or adopts regulations pertaining to propulsion

• Page 26, Line 17batteries that may impact the requirements of this part 10.

• Page 26, Line 18(3)  The department shall:

• Page 26, Line 19(a)  Include the data collected on propulsion batteries

• Page 26, Line 20pursuant to this part 10 with the data on recycling, solid waste,

• Page 26, Line 21and solid waste diversion that is collected and reported

• Page 26, Line 22annually by the department to the standing committee of

• Page 26, Line 23reference in each house of the general assembly exercising

• Page 26, Line 24jurisdiction over matters concerning public health and the

• Page 26, Line 25environment pursuant to section 30-20-122 (1); and

• Page 26, Line 26(b)  Annually post on the department's public website

• Page 26, Line 27aggregated data on the disposition of propulsion batteries

• Page 27, Line 1removed from vehicles, including data on the number of the

• Page 27, Line 2removed propulsion batteries sold or distributed for reusing,

• Page 27, Line 3remanufacturing, repurposing, or recycling. The department

• Page 27, Line 4shall not disclose proprietary or confidential information.

• Page 27, Line 5(4)  Nothing in this part 10 exempts a person from

• Page 27, Line 6complying with any other applicable local, state, or federal

• Page 27, Line 7laws or regulatory requirements.

• Page 27, Line 8(5) (a)  The department shall:

• Page 27, Line 9(I)  Conduct a study to determine whether there is

• Page 27, Line 10evidence of abandonment of orphaned batteries and analyze

• Page 27, Line 11trends in the prevalence of orphaned batteries; and

• Page 27, Line 12(II)  On or before January 1, 2031, post a report including

• Page 27, Line 13the study's findings on the department's public website.

• Page 27, Line 14(b)  This subsection (5) is repealed, effective January 1,

• Page 27, Line 152033.

• Page 27, Line 16SECTION 16.  In Colorado Revised Statutes, amend 25-17-1018

• Page 27, Line 17as follows:

• Page 27, Line 1825-17-1018.  Rules. (1) (a)  The commission may adopt rules

• Page 27, Line 19implementing this part 10. No later than July 1, 2027, the

• Page 27, Line 20commission shall adopt rules establishing a process for the

• Page 27, Line 21department to certify a qualified battery recycler, which

• Page 27, Line 22process must include:

• Page 27, Line 23(I)  A reasonable standard of review;

• Page 27, Line 24(II)  An appeals process for an applicant denied

• Page 27, Line 25certification;

• Page 27, Line 26(III)  The ability for an applicant denied certification to

• Page 27, Line 27cure identified deficiencies and be reevaluated for certification;

• Page 28, Line 1(IV)  Requiring a potential qualified battery recycler to

• Page 28, Line 2demonstrate that employees undergo mandatory safety

• Page 28, Line 3training to ensure the proper management and recycling of

• Page 28, Line 4propulsion batteries. The department may require, develop, or

• Page 28, Line 5select appropriate training modules or may allow a potential

• Page 28, Line 6qualified battery recycler to submit its own safety training

• Page 28, Line 7plan for approval.

• Page 28, Line 8(V)  Reassessment and recertification time frames.

• Page 28, Line 9(b)  In establishing the requirements for a qualified

• Page 28, Line 10battery recycler by rule, the commission shall:

• Page 28, Line 11(I)  Include criteria that minimizes the generation of

• Page 28, Line 12hazardous waste, greenhouse gas emissions, environmental

• Page 28, Line 13impacts, environmental justice impacts, and public health

• Page 28, Line 14impacts;

• Page 28, Line 15(II)  Include criteria that minimize risks to public health

• Page 28, Line 16and worker health and safety;

• Page 28, Line 17(III)  Include criteria for a recycling efficiency rate of at

• Page 28, Line 18least sixty percent and develop minimum material-specific

• Page 28, Line 19recovery rate requirements of key active materials used in

• Page 28, Line 20propulsion batteries, considering developments in dominant

• Page 28, Line 21propulsion battery technology and recycling; and

• Page 28, Line 22(IV)  Establish reassessment of recycling efficiency rate

• Page 28, Line 23guidance and recertification time frames every five years.

• Page 28, Line 24(c)  The requirements for qualified battery recyclers

• Page 28, Line 25established by the commission pursuant to this subsection (1) are

• Page 28, Line 26in addition to, and do not replace, other state permitting

• Page 28, Line 27requirements or requirements included in the federal "Resource

• Page 29, Line 1Conservation and Recovery Act of 1976", 42 U.S.C. sec. 6901 et

• Page 29, Line 2seq.

• Page 29, Line 3(2)  If the federal government enacts a law or adopts

• Page 29, Line 4regulations pertaining to propulsion batteries that may impact

• Page 29, Line 5the requirements of this part 10, the commission shall review,

• Page 29, Line 6evaluate, and compare any federal requirements to rules

• Page 29, Line 7adopted under this part 10 and shall, if necessary, revise the

• Page 29, Line 8rules to ensure compliance with federal standards and to

• Page 29, Line 9achieve greater recycling efficiency and feasibility.

• Page 29, Line 10(3)  The commission may adopt rules implementing any

• Page 29, Line 11other provisions of this part 10.

• Page 29, Line 12SECTION 17.  In Colorado Revised Statutes, add 25-17-1019 and

• Page 29, Line 1325-17-1020 as follows:

• Page 29, Line 1425-17-1019.  Responsibilities of secondary handlers and

• Page 29, Line 15secondary users.

• Page 29, Line 16(1)  After taking possession of a propulsion battery, a

• Page 29, Line 17secondary handler or secondary user shall manage the

• Page 29, Line 18propulsion battery in accordance with the battery management

• Page 29, Line 19hierarchy.

• Page 29, Line 20(2)  For propulsion batteries that are unable to be reused,

• Page 29, Line 21repurposed, or remanufactured, a secondary handler or

• Page 29, Line 22secondary user shall coordinate with a qualified battery

• Page 29, Line 23recycler for responsible end-of-life management or contact a

• Page 29, Line 24battery stewardship organization to ensure compliance with

• Page 29, Line 25this part 10.

• Page 29, Line 26(3) (a)  A propulsion battery provider ceases to be the

• Page 29, Line 27responsible entity for a propulsion battery after a secondary

• Page 30, Line 1user repurposes that propulsion battery, unless the propulsion

• Page 30, Line 2battery provider agrees to accept continued responsibility for

• Page 30, Line 3the propulsion battery by contract.

• Page 30, Line 4(b)  A secondary user that repurposes a propulsion battery

• Page 30, Line 5shall, before selling, offering for sale, or distributing the

• Page 30, Line 6propulsion battery, provide updated labeling identifying the

• Page 30, Line 7secondary user as the responsible entity for the modified

• Page 30, Line 8propulsion battery pursuant to section 25-17-1013 (3)(a)(II),

• Page 30, Line 9except as provided in subsection (3)(a) of this section.

• Page 30, Line 1025-17-1020.  Applicability.A vehicle containing a propulsion

• Page 30, Line 11battery originally sold in the state is not subject to this part 10

• Page 30, Line 12when it is retired out of state.

• Page 30, Line 13SECTION 18.  Act subject to petition - effective date. This act

• Page 30, Line 14takes effect at 12:01 a.m. on the day following the expiration of the

• Page 30, Line 15ninety-day period after final adjournment of the general assembly (August

• Page 30, Line 1612, 2026, if adjournment sine die is on May 13, 2026); except that, if a

• Page 30, Line 17referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 30, Line 18state constitution against this act or an item, section, or part of this act

• Page 30, Line 19within such period, then the act, item, section, or part will not take effect

• Page 30, Line 20unless approved by the people at the general election to be held in

• Page 30, Line 21November 2026 and, in such case, will take effect on the date of the

• Page 30, Line 22official declaration of the vote thereon by the governor.