Senate Committee of Reference Report
Committee on Transportation & Energy
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February 25, 2026
After consideration on the merits, the Committee recommends the following:
SB26-003 be amended as follows, and as so amended, be referred to the Committee on Appropriations with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. Short title. The short title of this act is the
Page 1, Line 4"Promoting Responsible End-of-Life Management of Electric Vehicle
Page 1, Line 5Batteries Act".
Page 1, Line 6SECTION 2. In Colorado Revised Statutes, 25-17-1002, amend
Page 1, Line 7(2); and add (1.5) as follows:
Page 1, Line 825-17-1002. Legislative declaration.
Page 1, Line 9(1.5) The general assembly further finds that:
Page 1, Line 10(a) Electric vehicles are crucial tools for reducing
Page 1, Line 11greenhouse gas emissions, which the state is striving to eliminate
Page 1, Line 12by 2050. Electric vehicles are also vital to reducing local air
Page 1, Line 13pollution in areas of the state, such as the Denver metro and
Page 1, Line 14north front range areas, that the federal environmental
Page 1, Line 15protection agency has designated as being in nonattainment
Page 1, Line 16with a national ambient air quality standard. To achieve
Page 1, Line 17emission reductions needed to meet state-mandated climate
Page 1, Line 18goals and federally required ozone levels, many more electric
Page 1, Line 19vehicles will need to be deployed in Colorado.
Page 1, Line 20(b) As electric vehicle sales in the state continue to grow,
Page 1, Line 21substantially more electric vehicles will be retired in the
Page 1, Line 22coming years, and their batteries, known as propulsion
Page 1, Line 23batteries, will need responsible end-of-life management;
Page 1, Line 24(c) Propulsion batteries often retain value even after
Page 1, Line 25they cease to power the original vehicles into which they were
Page 1, Line 26placed and can be reused, remanufactured, repurposed, or
Page 1, Line 27recycled. Extending the useful lifespan of propulsion batteries
Page 2, Line 1improves the sustainability profile of the electric vehicle
Page 2, Line 2industry and creates local economic opportunities.
Page 2, Line 3(d) Multiple analyses have established that expensive and
Page 2, Line 4hazardous risks result from the improper handling and disposal
Page 2, Line 5of propulsion batteries; and
Page 2, Line 6(e) Unwanted propulsion batteries that are stored
Page 2, Line 7improperly instead of being sorted for reuse, remanufacturing,
Page 2, Line 8repurposing, or ultimate recycling and recovery of valuable
Page 2, Line 9materials could potentially reduce the environmental benefits
Page 2, Line 10of a robust circular economy for propulsion batteries while
Page 2, Line 11also increasing the risk of battery fires. A robust extended
Page 2, Line 12provider responsibility policy is needed to enable a propulsion
Page 2, Line 13battery circular economy.
Page 2, Line 14(2) The general assembly therefore declares that it is in the public
Page 2, Line 15interest of Colorado to:
Page 2, Line 16(a) Require producers of batteries and providers of propulsion
Page 2, Line 17batteries to finance and implement a coordinated, state-approved
Page 2, Line 18system that increases access to the safe disposal and responsible
Page 2, Line 19end-of-life management of batteries in Colorado;
Page 2, Line 20(b) Reduce the inherent risk of fire that can occur when
Page 2, Line 21propulsion batteries are improperly disposed of; and
Page 2, Line 22(c) Encourage the reuse, remanufacturing, and
Page 2, Line 23repurposing of propulsion batteries and the ultimate recycling
Page 2, Line 24and recovery of the valuable materials in a propulsion battery
Page 2, Line 25that can be put back into the supply chain.
Page 2, Line 26SECTION 3. In Colorado Revised Statutes, 25-17-1003, amend
Page 2, Line 27(8)(b)(VI), (28), (29), (30), and (31); and add (1.5), (2.5), (8.5), (10.5),
Page 2, Line 28(13.5), (19.5), (23.3), (23.5), (23.7), (23.9), (26.3), (26.5), (26.7), (26.8),
Page 2, Line 29(26.9), (32), (33), (34), (35), (36), (37), (38), (39), and (40) as follows:
Page 2, Line 3025-17-1003. Definitions - rules.
Page 2, Line 31As used in this part 10, unless the context otherwise requires:
Page 2, Line 32(1.5) "Battery" means a device consisting of one or more
Page 2, Line 33electrically connected electrochemical cells, which device is
Page 2, Line 34designed to receive, store, and deliver electric energy.
Page 2, Line 35(2.5) "Battery management hierarchy" means the process
Page 2, Line 36of secondary handlers, repurposers, and propulsion battery
Page 2, Line 37providers first striving to reuse, repurpose, or remanufacture
Page 2, Line 38propulsion batteries, when doing so is possible and
Page 2, Line 39cost-effective, before propulsion battery recycling.
Page 2, Line 40(8) (b) "Covered battery" does not include:
Page 2, Line 41(VI) A battery, including a propulsion battery, assembled by
Page 2, Line 42or for a vehicle manufacturer, or franchised dealer, that is designed to
Page 2, Line 43power a motor vehicle, a part of a motor vehicle, or a component part of
Page 3, Line 1a motor vehicle, including a replacement part for use in a motor vehicle.
Page 3, Line 2(8.5) "Critical minerals" means minerals designated as
Page 3, Line 3critical minerals by the United States secretary of the interior,
Page 3, Line 4acting through the director of the United States geological
Page 3, Line 5survey, pursuant to 30 U.S.C. sec. 1606 (c).
Page 3, Line 6(10.5) (a) "Dispositioning" means evaluating a propulsion
Page 3, Line 7battery to determine the most suitable battery management
Page 3, Line 8option based on metrics such as the chemistry, condition, format,
Page 3, Line 9and location of the propulsion battery.
Page 3, Line 10(b) "Dispositioning" may include evaluating a propulsion
Page 3, Line 11battery for secondary use by a repurposer or a propulsion
Page 3, Line 12battery recycler.
Page 3, Line 13(13.5) "End of life" means:
Page 3, Line 14(a) The stage when a covered battery is no longer
Page 3, Line 15suitable for use as a battery and must be recycled; or
Page 3, Line 16(b) The stage when a propulsion battery is no longer
Page 3, Line 17suitable for use as a propulsion battery or for repurposing and
Page 3, Line 18is directed for propulsion battery recycling.
Page 3, Line 19(19.5) "Orphaned battery" means:
Page 3, Line 20(a) A propulsion battery or repurposed battery that has
Page 3, Line 21an unidentifiable propulsion battery provider, remanufacturer,
Page 3, Line 22or repurposer or a propulsion battery provider,
Page 3, Line 23remanufacturer, or repurposer that no longer exists; or
Page 3, Line 24(b) An unwanted propulsion battery that has not been
Page 3, Line 25collected or managed in accordance with the battery
Page 3, Line 26management hierarchy.
Page 3, Line 27(23.3) "Propulsion battery" means a battery that is
Page 3, Line 28primarily used to supply power to propel a battery electric
Page 3, Line 29motor vehicle, as defined in section 43-4-1202 (1.5), a plug-in
Page 3, Line 30hybrid electric motor vehicle, as defined in section 43-4-1202
Page 3, Line 31(14), or a hybrid vehicle, as defined in section 42-4-1012
Page 3, Line 32(2.5)(a)(III).
Page 3, Line 33(23.5) (a) "Propulsion battery provider" means:
Page 3, Line 34(I) A person that first sells, offers for sale, or distributes
Page 3, Line 35a propulsion battery or a vehicle containing a propulsion
Page 3, Line 36battery in or into the state, including vehicle manufacturers
Page 3, Line 37licensed pursuant to applicable state laws or propulsion
Page 3, Line 38battery manufacturers that distribute propulsion batteries
Page 3, Line 39under their own name or brand;
Page 3, Line 40(II) If there is not a person that subsection (23.5)(a)(I) of
Page 3, Line 41this section applies to, the owner or licensee of the brand or
Page 3, Line 42trademark under which the propulsion battery is sold, offered
Page 3, Line 43for sale, or distributed in or into the state. This includes an
Page 4, Line 1exclusive licensee with the exclusive right to use the brand or
Page 4, Line 2trademark in connection with the distribution or sale of
Page 4, Line 3propulsion batteries.
Page 4, Line 4(III) If there is not a person that subsection (23.5)(a)(I) or
Page 4, Line 5(23.5)(a)(II) of this section applies to, the person that imports the
Page 4, Line 6propulsion battery into the state for sale, distribution, or
Page 4, Line 7installation.
Page 4, Line 8(b) "Propulsion battery provider" does not include:
Page 4, Line 9(I) A dealer of a vehicle containing a propulsion battery;
Page 4, Line 10or
Page 4, Line 11(II) A secondary handler that sells, offers for sale,
Page 4, Line 12registers, or distributes a vehicle containing a propulsion
Page 4, Line 13battery in or into the state.
Page 4, Line 14(c) For the purposes of this subsection (23.5), the sale of a
Page 4, Line 15propulsion battery occurs in the state if the propulsion battery,
Page 4, Line 16or the vehicle containing the propulsion battery, is delivered to
Page 4, Line 17a licensed dealer or directly to a consumer in the state.
Page 4, Line 18(23.7) (a) "Propulsion battery recycler" means an entity
Page 4, Line 19or facility that abides by all applicable federal, state, and
Page 4, Line 20local laws and:
Page 4, Line 21(I) Extracts and separates materials from end-of-life
Page 4, Line 22propulsion batteries, including metals, compounds, or
Page 4, Line 23intermediate fractions, and directs these materials to another
Page 4, Line 24propulsion battery recycler for further processing or refining;
Page 4, Line 25or
Page 4, Line 26(II) Refines end-of-life propulsion batteries or propulsion
Page 4, Line 27battery materials, such as aluminum, cobalt, copper, graphite,
Page 4, Line 28iron, lithium compounds, manganese, and nickel, back to useable
Page 4, Line 29battery materials suitable for reintroduction into the
Page 4, Line 30manufacturing or battery supply chain.
Page 4, Line 31(b) "Propulsion battery recycler" does not include an
Page 4, Line 32entity or facility that only engages in the collection or
Page 4, Line 33transportation of, or the logistics of moving, propulsion
Page 4, Line 34batteries or propulsion battery materials during the recycling
Page 4, Line 35process.
Page 4, Line 36(23.9) (a) "Propulsion battery recycling" means:
Page 4, Line 37(I) The refinement of critical minerals, such as aluminum,
Page 4, Line 38cobalt, copper, iron, lithium compounds, manganese, and nickel,
Page 4, Line 39that are suitable for reintroduction into the battery and
Page 4, Line 40manufacturing supply chain; and
Page 4, Line 41(II) The recovery of at least fifty-five percent of critical
Page 4, Line 42minerals.
Page 4, Line 43(b) "Propulsion battery recycling" does not include
Page 5, Line 1smelting.
Page 5, Line 2(26.3) "Remanufacture" means a standardized industrial
Page 5, Line 3process through which battery cores are returned to
Page 5, Line 4same-as-new or better condition and performance, which process
Page 5, Line 5is in line with specific technical specifications including
Page 5, Line 6engineering, quality, and testing standards.
Page 5, Line 7(26.5) "Remanufacturer" means a person that
Page 5, Line 8remanufactures a propulsion battery.
Page 5, Line 9(26.7) "Repurpose" means the process of modifying a
Page 5, Line 10propulsion battery or propulsion battery pack, module, or cell
Page 5, Line 11to store and supply electricity in a manner other than the
Page 5, Line 12original intended purpose of the propulsion battery.
Page 5, Line 13(26.8) "Repurposer" means a person that uses a propulsion
Page 5, Line 14battery to fulfill a different use than the use for which the
Page 5, Line 15propulsion battery was originally designed.
Page 5, Line 16(26.9) "Responsible propulsion battery management"
Page 5, Line 17means ensuring a propulsion battery is managed pursuant to the
Page 5, Line 18battery management hierarchy.
Page 5, Line 19(28) "Universal waste" has the meaning set forth in rules adopted
Page 5, Line 20by the commission "Reuse" means the use of a propulsion battery
Page 5, Line 21in a vehicle other than the original vehicle into which the
Page 5, Line 22propulsion battery was placed.
Page 5, Line 23(29) "Universal waste battery" means a waste battery generated by
Page 5, Line 24a nonresidential entity, such as a business, school, or government agency,
Page 5, Line 25that is managed as universal waste regulated in accordance with the
Page 5, Line 26commission's rules governing standards for universal waste management
Page 5, Line 27"Safety plan" means a plan submitted by a propulsion battery
Page 5, Line 28provider to the executive director pursuant to section
Page 5, Line 2925-17-1019 (1).
Page 5, Line 30(30) "Universal waste handler" means the owner or operator of a
Page 5, Line 31facility that receives, accumulates, and sends universal waste to another
Page 5, Line 32universal waste handler, a destination facility, or a foreign destination in
Page 5, Line 33accordance with the commission's rules governing standards for universal
Page 5, Line 34waste management (a) "Secondary handler" means a commercial
Page 5, Line 35entity other than the propulsion battery provider that takes
Page 5, Line 36possession of a propulsion battery or removes a propulsion
Page 5, Line 37battery from a vehicle for the purpose of selling, dispositioning,
Page 5, Line 38repairing, reusing, or recycling the propulsion battery.
Page 5, Line 39(b) "Secondary handler" includes a solid waste disposal
Page 5, Line 40site and facility.
Page 5, Line 41(31) "Written certification" means written certification by a
Page 5, Line 42producer that:
Page 5, Line 43(a) The producer is a member of a battery stewardship
Page 6, Line 1organization; and
Page 6, Line 2(b) A covered battery or battery-containing product is marked in
Page 6, Line 3accordance with section 25-17-1013 or the rules adopted in accordance
Page 6, Line 4with section 25-17-1013 "Smelting" means to melt or fuse a
Page 6, Line 5metalliferous mineral, often with an accompanying chemical
Page 6, Line 6change, usually to separate the metal.
Page 6, Line 7(32) "Solid waste collector" means a person that operates
Page 6, Line 8collection routes for the removal of solid waste from
Page 6, Line 9residential, multiresidential, commercial, or industrial
Page 6, Line 10premises.
Page 6, Line 11(33) "Solid waste disposal site and facility" has the same
Page 6, Line 12meaning as "solid wastes disposal site and facility" as defined in
Page 6, Line 13section 30-20-101 (8).
Page 6, Line 14(34) "State of charge" means the measure of a propulsion
Page 6, Line 15battery's remaining capacity, expressed as a percentage of its
Page 6, Line 16total capacity.
Page 6, Line 17(35) "State of health" means a calculated parameter that
Page 6, Line 18correlates to usable propulsion battery energy for the
Page 6, Line 19certified range value and is normalized from zero to one
Page 6, Line 20hundred percent.
Page 6, Line 21(36) "Universal waste" has the meaning set forth in rules
Page 6, Line 22adopted by the commission.
Page 6, Line 23(37) "Universal waste battery" means a waste battery
Page 6, Line 24generated by a nonresidential entity, such as a business, school,
Page 6, Line 25or government agency, that is managed as universal waste
Page 6, Line 26regulated in accordance with the commission's rules governing
Page 6, Line 27standards for universal waste management.
Page 6, Line 28(38) "Universal waste handler" means the owner or
Page 6, Line 29operator of a facility that receives, accumulates, and sends
Page 6, Line 30universal waste to another universal waste handler, a
Page 6, Line 31destination facility, or a foreign destination in accordance with
Page 6, Line 32the commission's rules governing standards for universal waste
Page 6, Line 33management.
Page 6, Line 34(39) (a) "Unwanted propulsion battery" means a propulsion
Page 6, Line 35battery that is no longer wanted by the owner and is thus
Page 6, Line 36required to be collected by a propulsion battery provider or
Page 6, Line 37remanufacturer for responsible propulsion battery
Page 6, Line 38management.
Page 6, Line 39(b) "Unwanted propulsion battery" includes a propulsion
Page 6, Line 40battery that has been damaged, including in a thermal runaway
Page 6, Line 41incident.
Page 6, Line 42(40) "Written certification" means written certification
Page 6, Line 43by a producer that:
Page 7, Line 1(a) The producer is a member of a battery stewardship
Page 7, Line 2organization; and
Page 7, Line 3(b) A covered battery or battery-containing product is
Page 7, Line 4marked in accordance with section 25-17-1013 or the rules
Page 7, Line 5adopted in accordance with section 25-17-1013.
Page 7, Line 6SECTION 4. In Colorado Revised Statutes, 25-17-1012, amend
Page 7, Line 7(1)(b), (2)(b), and (2)(d) introductory portion; and add (2)(e) and (3) as
Page 7, Line 8follows:
Page 7, Line 925-17-1012. Annual fee - battery stewardship fund -
Page 7, Line 10responsibilities of the executive director - rules.
Page 7, Line 11(1) (b) Within twelve months after a plan is approved, and on or
Page 7, Line 12before each July 1 thereafter, a battery stewardship organization shall pay
Page 7, Line 13to the department an annual fee to cover the department's cost of
Page 7, Line 14implementing, administering, and enforcing the requirements related
Page 7, Line 15to covered batteries in this part 10. The state treasurer shall credit the
Page 7, Line 16annual fees to the fund, and the department shall use the fees for costs
Page 7, Line 17associated with the administration of this part 10. The commission shall
Page 7, Line 18establish the fee amount by rule.
Page 7, Line 19(2) (b) The fund consists of fees paid to the department pursuant
Page 7, Line 20to subsection (1) subsections (1) and (3) of this section and any other
Page 7, Line 21money that the general assembly may appropriate or transfer to the fund.
Page 7, Line 22(d) The department shall use funds collected pursuant to this
Page 7, Line 23section subsection (1) of this section to provide direct services to
Page 7, Line 24battery stewardship organizations with an approved plan to ensure
Page 7, Line 25effective program oversight, compliance support, and public engagement.
Page 7, Line 26Such services include:
Page 7, Line 27(e) The department shall use funds collected pursuant to
Page 7, Line 28subsection (3)(a) of this section to cover the costs of reviewing
Page 7, Line 29safety plans submitted by propulsion battery providers
Page 7, Line 30pursuant to section 25-17-1019 (1)(a) and to conduct a study on
Page 7, Line 31orphaned batteries pursuant to section 25-17-1015 (5)(a).
Page 7, Line 32(3) (a) In addition to the annual fee described in
Page 7, Line 33subsection (3)(b) of this section, a propulsion battery provider
Page 7, Line 34shall pay a one-time safety plan review fee, in the amount of five
Page 7, Line 35thousand dollars, at the time the propulsion battery provider
Page 7, Line 36submits a safety plan to the executive director for approval.
Page 7, Line 37There is no fee when a propulsion battery provider seeks to
Page 7, Line 38renew a safety plan that was previously approved by the
Page 7, Line 39executive director.
Page 7, Line 40(b) Within twelve months after a safety plan is approved,
Page 7, Line 41and on or before each July 1 thereafter, a propulsion battery
Page 7, Line 42provider shall pay to the department an annual fee to cover the
Page 7, Line 43department's cost of implementing, administering, and enforcing
Page 8, Line 1section 25-17-1019. The state treasurer shall credit the annual
Page 8, Line 2fees to the fund, and the department shall use the fees for costs
Page 8, Line 3associated with the administration of section 25-17-1019. The
Page 8, Line 4commission shall establish the fee amount by rule.
Page 8, Line 5SECTION 5. In Colorado Revised Statutes, amend 25-17-1015
Page 8, Line 6as follows:
Page 8, Line 725-17-1015. Enforcement - responsibilities of the department
Page 8, Line 8- study - repeal.
Page 8, Line 9(1) For violations related to covered batteries, propulsion
Page 8, Line 10batteries, and the management of universal waste pursuant to this part
Page 8, Line 1110, the enforcement process is conducted pursuant to section 25-15-308
Page 8, Line 12and rules adopted by the commission in accordance with section
Page 8, Line 1325-15-302.
Page 8, Line 14(2) To implement section 25-17-1019, the department shall:
Page 8, Line 15(a) Notify secondary handlers and solid waste collectors
Page 8, Line 16that the disposal of propulsion batteries in landfills is
Page 8, Line 17prohibited and that secondary handlers can contact a
Page 8, Line 18propulsion battery provider or remanufacturer to take
Page 8, Line 19responsibility for an unwanted propulsion battery; and
Page 8, Line 20(b) Determine how to proceed if the federal government
Page 8, Line 21enacts a law or adopts regulations pertaining to propulsion
Page 8, Line 22batteries that may impact the requirements of section
Page 8, Line 2325-17-1019.
Page 8, Line 24(3) The department shall include the nonproprietary data
Page 8, Line 25collected on propulsion batteries pursuant to section 25-17-1019
Page 8, Line 26(5) with the data on recycling, solid waste, and solid waste
Page 8, Line 27diversion that is collected and reported annually by the
Page 8, Line 28department to the standing committee of reference in each
Page 8, Line 29house of the general assembly exercising jurisdiction over
Page 8, Line 30matters concerning public health and the environment pursuant
Page 8, Line 31to section 30-20-122 (1) and shall annually post the data on the
Page 8, Line 32department's public website.
Page 8, Line 33(4) Nothing in this part 10 exempts a person from
Page 8, Line 34complying with any other applicable local, state, or federal
Page 8, Line 35laws or regulatory requirements.
Page 8, Line 36(5) (a) The department shall:
Page 8, Line 37(I) Conduct a study to determine whether there is
Page 8, Line 38evidence of abandonment of orphaned batteries and analyze
Page 8, Line 39trends in the prevalence of orphaned batteries; and
Page 8, Line 40(II) On or before January 1, 2031, post a report of the
Page 8, Line 41study's findings on the department's public website.
Page 8, Line 42(b) This subsection (5) is repealed, effective January 1,
Page 8, Line 432033.
Page 9, Line 1SECTION 6. In Colorado Revised Statutes, add 25-17-1019 and
Page 9, Line 225-17-1020 as follows:
Page 9, Line 325-17-1019. Propulsion batteries - propulsion battery
Page 9, Line 4providers - safety plans - public outreach and education - collection
Page 9, Line 5of unwanted propulsion batteries - reporting requirement - marking
Page 9, Line 6and labeling requirements - landfill disposal prohibited.
Page 9, Line 7(1) (a) On or before April 1, 2028, and every five years
Page 9, Line 8thereafter, a propulsion battery provider shall submit to the
Page 9, Line 9executive director a safety plan. The executive director shall
Page 9, Line 10review and approve, disapprove, or conditionally approve a
Page 9, Line 11safety plan based on whether the safety plan:
Page 9, Line 12(I) Includes a public education and outreach strategy,
Page 9, Line 13which includes the following information, in English and
Page 9, Line 14Spanish:
Page 9, Line 15(A) Information on safe storage and handling of
Page 9, Line 16propulsion batteries;
Page 9, Line 17(B) Guidance on propulsion battery warning signs of
Page 9, Line 18thermal runaway and other propulsion battery malfunctions;
Page 9, Line 19(C) Details of emergency procedures in the event of a
Page 9, Line 20propulsion battery fire or other thermal event; and
Page 9, Line 21(D) A process for how a secondary handler can notify the
Page 9, Line 22propulsion battery provider that an unwanted propulsion
Page 9, Line 23battery needs collection; and
Page 9, Line 24(II) Describes how the propulsion battery provider will
Page 9, Line 25make the educational materials described in subsection (1)(a)(I)
Page 9, Line 26of this section available to secondary handlers and first
Page 9, Line 27responders.
Page 9, Line 28(b) The process specified in a safety plan pursuant to
Page 9, Line 29subsection (1)(a)(I)(D) of this section must include:
Page 9, Line 30(I) An education and outreach program for secondary
Page 9, Line 31handlers;
Page 9, Line 32(II) The propulsion battery provider's contact
Page 9, Line 33information for secondary handlers; and
Page 9, Line 34(III) Information that the propulsion battery provider
Page 9, Line 35requires to determine the eligibility of a propulsion battery
Page 9, Line 36that needs collection, including:
Page 9, Line 37(A) Confirmation that the battery is a propulsion battery
Page 9, Line 38that has been removed from a vehicle;
Page 9, Line 39(B) Confirmation that the propulsion battery has not
Page 9, Line 40been modified or taken apart by anyone other than a propulsion
Page 9, Line 41battery provider or remanufacturer;
Page 9, Line 42(C) Confirmation that the propulsion battery is fully
Page 9, Line 43owned by the secondary handler with no known pending claims
Page 10, Line 1for loss or damages by an insurance provider;
Page 10, Line 2(D) The make, model, and year of the vehicle from which
Page 10, Line 3the propulsion battery came, if available;
Page 10, Line 4(E) The dimensions and weight of the propulsion battery,
Page 10, Line 5if available;
Page 10, Line 6(F) A photograph of the label on the propulsion battery;
Page 10, Line 7and
Page 10, Line 8(G) An assessment as to whether the propulsion battery
Page 10, Line 9is damaged or defective.
Page 10, Line 10(c) The executive director shall review a safety plan for
Page 10, Line 11compliance with this section and shall approve, disapprove, or
Page 10, Line 12conditionally approve a safety plan within one hundred eighty
Page 10, Line 13days after receipt of the safety plan.
Page 10, Line 14(d) If the executive director disapproves a safety plan, the
Page 10, Line 15executive director shall provide a written notice of disapproval
Page 10, Line 16explaining how the safety plan does not comply with this
Page 10, Line 17section. The propulsion battery provider shall submit to the
Page 10, Line 18executive director a revised safety plan within sixty days after
Page 10, Line 19the date that the written notice of disapproval is issued. The
Page 10, Line 20executive director shall review a revised safety plan within
Page 10, Line 21ninety days after the propulsion battery provider submits the
Page 10, Line 22revised safety plan.
Page 10, Line 23(e) If a revised safety plan is disapproved by the executive
Page 10, Line 24director, a propulsion battery provider is not in compliance with
Page 10, Line 25this section until the executive director approves a safety plan
Page 10, Line 26submitted by the propulsion battery provider.
Page 10, Line 27(2) On and after October 1, 2028, a propulsion battery
Page 10, Line 28provider shall not sell, make available for sale, or distribute
Page 10, Line 29a propulsion battery in or into the state unless the propulsion
Page 10, Line 30battery provider has submitted a safety plan to the executive
Page 10, Line 31director in accordance with subsection (1)(a) of this section.
Page 10, Line 32(3) A propulsion battery provider shall:
Page 10, Line 33(a) Develop and maintain one or more websites; and
Page 10, Line 34(b) Provide on at least one website the educational
Page 10, Line 35information included in the propulsion battery provider's safety
Page 10, Line 36plan pursuant to subsection (1)(a)(I) of this section.
Page 10, Line 37(4) A propulsion battery provider shall:
Page 10, Line 38(a) Except as provided in subsection (4)(c) of this section,
Page 10, Line 39upon receiving notification in accordance with the notification
Page 10, Line 40process outlined in subsection (1)(b) of this section that an
Page 10, Line 41unwanted propulsion battery needs collection, retrieve the
Page 10, Line 42battery within sixty days after receiving the notification and
Page 10, Line 43ensure responsible propulsion battery management;
Page 11, Line 1(b) Ensure the responsible propulsion battery
Page 11, Line 2management of all propulsion batteries within the possession of
Page 11, Line 3the propulsion battery provider in accordance with the battery
Page 11, Line 4management hierarchy;
Page 11, Line 5(c) Fully fund the costs of the collection of an unwanted
Page 11, Line 6propulsion battery offered by a secondary handler; except that
Page 11, Line 7a propulsion battery provider is not responsible for the
Page 11, Line 8collection of a propulsion battery that:
Page 11, Line 9(I) Has been remanufactured by a remanufacturer, unless
Page 11, Line 10the remanufacturer is in a contractual relationship with the
Page 11, Line 11propulsion battery provider and the contract provides that the
Page 11, Line 12propulsion battery provider retains responsibility for
Page 11, Line 13dispositioning and responsible propulsion battery management;
Page 11, Line 14(II) Has been repurposed by a repurposer, unless the
Page 11, Line 15repurposer is in a contractual relationship with the propulsion
Page 11, Line 16battery provider and the contract provides that the propulsion
Page 11, Line 17battery provider retains responsibility for dispositioning and
Page 11, Line 18responsible propulsion battery management;
Page 11, Line 19(III) Has been disassembled into modules or cells; or
Page 11, Line 20(IV) Is contained within a vehicle or product that is
Page 11, Line 21directly owned or controlled by an insurance company; and
Page 11, Line 22(d) Provide the state of health of a propulsion battery on
Page 11, Line 23the vehicle's in-vehicle display or through a nonproprietary
Page 11, Line 24on-board diagnostic scan tool, for a vehicle that is model year
Page 11, Line 252028 or later. A propulsion battery provider may, but is not
Page 11, Line 26required to, supply state of health information for a propulsion
Page 11, Line 27battery that has been removed from or is outside of a vehicle.
Page 11, Line 28(5) (a) On or before June 1, 2030, and on or before each
Page 11, Line 29June 1 thereafter, a propulsion battery provider with a safety
Page 11, Line 30plan and a remanufacturer shall submit an annual report to the
Page 11, Line 31executive director covering the preceding calendar year of the
Page 11, Line 32responsible propulsion battery management of the propulsion
Page 11, Line 33batteries collected by the propulsion battery provider or
Page 11, Line 34remanufacturer pursuant to this section. The report must
Page 11, Line 35include the following:
Page 11, Line 36(I) Details of the process for a secondary handler to
Page 11, Line 37notify the propulsion battery provider or remanufacturer that
Page 11, Line 38an unwanted propulsion battery needs collection and how the
Page 11, Line 39propulsion battery provider or remanufacturer communicated
Page 11, Line 40that process to secondary handlers;
Page 11, Line 41(II) The number of unwanted propulsion batteries that the
Page 11, Line 42propulsion battery provider or remanufacturer was offered
Page 11, Line 43from a secondary handler and the number of unwanted
Page 12, Line 1propulsion batteries collected;
Page 12, Line 2(III) For each request a propulsion battery provider or
Page 12, Line 3remanufacturer received to collect an unwanted propulsion
Page 12, Line 4battery:
Page 12, Line 5(A) The date that the secondary handler offered the
Page 12, Line 6unwanted propulsion battery along with the eligibility
Page 12, Line 7information described in subsections (1)(b)(III) and (9)(e)(III) of
Page 12, Line 8this section to the propulsion battery provider or
Page 12, Line 9remanufacturer;
Page 12, Line 10(B) The date the propulsion battery provider or
Page 12, Line 11remanufacturer communicated to the secondary handler a plan
Page 12, Line 12for collecting the unwanted propulsion battery; and
Page 12, Line 13(C) The date the unwanted propulsion battery was
Page 12, Line 14collected, or, if applicable, the reasons that the unwanted
Page 12, Line 15propulsion battery was not collected, including supporting
Page 12, Line 16information such as photographs;
Page 12, Line 17(IV) The number of propulsion batteries in the state, by
Page 12, Line 18chemistry, that were collected by the propulsion battery
Page 12, Line 19provider or remanufacturer in the preceding year;
Page 12, Line 20(V) The number of propulsion batteries, separated by
Page 12, Line 21chemistry, sent for reuse, remanufacturing, repurposing, or
Page 12, Line 22propulsion battery recycling, respectively;
Page 12, Line 23(VI) Propulsion battery recyclers used in the propulsion
Page 12, Line 24battery recycling process, including identification of a
Page 12, Line 25recycler's location; and
Page 12, Line 26(VII) For each propulsion battery recycler used by the
Page 12, Line 27propulsion battery provider or remanufacturer:
Page 12, Line 28(A) A description of how the propulsion battery recycler
Page 12, Line 29managed or recycled propulsion batteries and propulsion
Page 12, Line 30battery components; and
Page 12, Line 31(B) The propulsion battery recycler's ratio, by weight, of
Page 12, Line 32critical minerals recovered from propulsion batteries to
Page 12, Line 33critical minerals received. The individual critical minerals and
Page 12, Line 34specific ratios must be listed separately. The ratio may
Page 12, Line 35represent the facility level yearly average.
Page 12, Line 36(b) (I) The executive director shall keep proprietary
Page 12, Line 37information, as marked by a propulsion battery provider,
Page 12, Line 38remanufacturer, or propulsion battery recycler, confidential
Page 12, Line 39and make nonproprietary information available upon request.
Page 12, Line 40(II) The information described in subsections (5)(a)(I),
Page 12, Line 41(5)(a)(II), (5)(a)(IV), (5)(a)(VI), and (5)(a)(VII) of this section and
Page 12, Line 42aggregated information from subsections (5)(a)(III) and (5)(a)(V)
Page 12, Line 43of this section is not proprietary.
Page 13, Line 1(III) Any information made publicly available must be
Page 13, Line 2aggregated so that no individual propulsion battery provider or
Page 13, Line 3remanufacturer is identifiable.
Page 13, Line 4(IV) An annual report submitted pursuant to this
Page 13, Line 5subsection (5) may be unique to Colorado or include information
Page 13, Line 6for multiple states.
Page 13, Line 7(V) A propulsion battery provider that is also a
Page 13, Line 8remanufacturer need only submit one annual report.
Page 13, Line 9(6) On and after October 1, 2028, a propulsion battery
Page 13, Line 10provider shall not sell, offer for sale, or distribute in or into
Page 13, Line 11the state a propulsion battery unless the propulsion battery
Page 13, Line 12provider:
Page 13, Line 13(a) (I) Applies a label to the propulsion battery that
Page 13, Line 14includes the following:
Page 13, Line 15(A) An identification of the chemistry of the propulsion
Page 13, Line 16battery, including the cathode type and anode type, in
Page 13, Line 17accordance with SAE International J2984 standard, "Chemical
Page 13, Line 18Identification of Transportation Batteries for Recycling";
Page 13, Line 19(B) The name of the propulsion battery provider
Page 13, Line 20responsible for the propulsion battery and its date of
Page 13, Line 21manufacture;
Page 13, Line 22(C) The rated capacity or energy as measured by SAE
Page 13, Line 23International J2288 standard, "Life Cycle Testing of Electric
Page 13, Line 24Vehicle Battery Modules";
Page 13, Line 25(D) The hazardous substances contained in the propulsion
Page 13, Line 26battery;
Page 13, Line 27(E) Product safety and recall information; and
Page 13, Line 28(F) Safe disposal information.
Page 13, Line 29(II) A propulsion battery provider that applies a label
Page 13, Line 30shall attach the label to the exterior of the propulsion battery
Page 13, Line 31so that the label is visible and accessible when the propulsion
Page 13, Line 32battery is removed from the vehicle in accordance with the
Page 13, Line 33manufacturer's recommended procedures for battery removal.
Page 13, Line 34The label must remain legible, adhered, and functionally intact
Page 13, Line 35under expected environmental and life-cycle conditions within
Page 13, Line 36the vehicle.
Page 13, Line 37(b) (I) In lieu of a label, applies a quick response (QR) code
Page 13, Line 38to the propulsion battery that links to a website that contains
Page 13, Line 39the information described in subsection (6)(a)(I) of this section.
Page 13, Line 40If the quick response (QR) code is not readily accessible while
Page 13, Line 41the propulsion battery is in the vehicle, the propulsion battery
Page 13, Line 42provider shall also place the quick response (QR) code in a
Page 13, Line 43visible location on the vehicle or in the vehicle's infotainment
Page 14, Line 1system.
Page 14, Line 2(II) The quick response (QR) code must be linked to a data
Page 14, Line 3repository website. The website may include information that
Page 14, Line 4covers a period of time representing multiple dates of
Page 14, Line 5manufacture if the rest of the label information required by
Page 14, Line 6this subsection (6) is consistent across the multiple dates of
Page 14, Line 7manufacture and the data repository website entry includes the
Page 14, Line 8applicable range of dates of manufacture.
Page 14, Line 9(III) A propulsion battery provider that elects to use a
Page 14, Line 10quick response (QR) code instead of a label shall visibly include
Page 14, Line 11the name of the propulsion battery provider on the propulsion
Page 14, Line 12battery.
Page 14, Line 13(7) (a) A propulsion battery provider shall not recover
Page 14, Line 14the costs of compliance with this part 10 by imposing a fee or
Page 14, Line 15other charge on a franchised motor vehicle dealer.
Page 14, Line 16(b) A propulsion battery provider may contract with a
Page 14, Line 17third party to manage propulsion batteries to satisfy the
Page 14, Line 18requirements of this section.
Page 14, Line 19(8) On and after October 1, 2028:
Page 14, Line 20(a) A secondary handler shall manage a propulsion
Page 14, Line 21battery by ensuring responsible propulsion battery
Page 14, Line 22management;
Page 14, Line 23(b) If a secondary handler determines that a propulsion
Page 14, Line 24battery is an unwanted propulsion battery, the secondary
Page 14, Line 25handler shall notify the appropriate propulsion battery
Page 14, Line 26provider or remanufacturer or any entity that the propulsion
Page 14, Line 27battery provider or remanufacturer has designated to
Page 14, Line 28facilitate the collection of unwanted propulsion batteries;
Page 14, Line 29(c) A secondary handler managing propulsion batteries
Page 14, Line 30shall maintain records for five years detailing the propulsion
Page 14, Line 31batteries sold or transferred by the secondary handler and
Page 14, Line 32each person that purchased or received the propulsion
Page 14, Line 33batteries;
Page 14, Line 34(d) When shipping a propulsion battery, a secondary
Page 14, Line 35handler is responsible for ensuring compliance with proper
Page 14, Line 36personnel training requirements for shipping under 49 CFR
Page 14, Line 37172.700 to 172.704; and
Page 14, Line 38(e) When removing a propulsion battery from a vehicle, a
Page 14, Line 39secondary handler shall record the last known state of health
Page 14, Line 40and state of charge, if available, and disclose these values at
Page 14, Line 41the time of sale or transfer of the propulsion battery to
Page 14, Line 42another person.
Page 14, Line 43(9) On and after October 1, 2028, a remanufacturer
Page 15, Line 1selling propulsion batteries in the state:
Page 15, Line 2(a) Shall label a propulsion battery with the
Page 15, Line 3remanufacturer's rebranding label, ensuring that the
Page 15, Line 4remanufacturer's brand is clearly marked on the label;
Page 15, Line 5(b) Shall ensure responsible propulsion battery
Page 15, Line 6management when:
Page 15, Line 7(I) A propulsion battery that the remanufacturer
Page 15, Line 8disassembles or remanufactures is ultimately not sold for use
Page 15, Line 9in a vehicle; and
Page 15, Line 10(II) An unwanted propulsion battery that has been
Page 15, Line 11removed from a vehicle by a secondary handler in the state is
Page 15, Line 12given to the remanufacturer;
Page 15, Line 13(c) Shall fully fund the costs of the collection of an
Page 15, Line 14unwanted propulsion battery offered by a secondary handler;
Page 15, Line 15except that a remanufacturer is not responsible for collecting
Page 15, Line 16a propulsion battery:
Page 15, Line 17(I) That has been repurposed by a repurposer, unless the
Page 15, Line 18repurposer is in a contractual relationship with the
Page 15, Line 19remanufacturer and the contract provides that the
Page 15, Line 20remanufacturer retains responsibility for the dispositioning and
Page 15, Line 21responsible propulsion battery management;
Page 15, Line 22(II) That is contained within a vehicle or product that is
Page 15, Line 23directly owned or controlled by an insurance company;
Page 15, Line 24(III) If the remanufacturer is in a contractual
Page 15, Line 25relationship with the propulsion battery provider and the
Page 15, Line 26contract provides that the propulsion battery provider retains
Page 15, Line 27responsibility for the dispositioning and management of the
Page 15, Line 28propulsion battery; or
Page 15, Line 29(IV) That has been disassembled into modules or cells;
Page 15, Line 30(d) Except as provided in subsection (9)(c) of this section,
Page 15, Line 31upon receiving notification that an unwanted propulsion
Page 15, Line 32battery needs collection in accordance with the notification
Page 15, Line 33process outlined in subsection (9)(e) of this section, shall
Page 15, Line 34retrieve the battery within sixty days after receiving
Page 15, Line 35notification; and
Page 15, Line 36(e) Shall establish a process for a secondary handler to
Page 15, Line 37notify the remanufacturer that an unwanted propulsion
Page 15, Line 38battery needs collection. The process must include the
Page 15, Line 39following:
Page 15, Line 40(I) An education and outreach program for secondary
Page 15, Line 41handlers;
Page 15, Line 42(II) The remanufacturer's contact information for
Page 15, Line 43secondary handlers; and
Page 16, Line 1(III) Information that the remanufacturer requires to
Page 16, Line 2determine eligibility of a propulsion battery that needs
Page 16, Line 3collection, including:
Page 16, Line 4(A) Confirmation that the battery is a propulsion battery
Page 16, Line 5that has been removed from a vehicle;
Page 16, Line 6(B) Confirmation that the propulsion battery has not
Page 16, Line 7been modified or taken apart by anyone other than the
Page 16, Line 8propulsion battery provider or remanufacturer;
Page 16, Line 9(C) Confirmation that the propulsion battery is fully
Page 16, Line 10owned by the secondary handler with no known pending claims
Page 16, Line 11for loss or damages by an insurance provider;
Page 16, Line 12(D) The make, model, and year of the vehicle from which
Page 16, Line 13the propulsion battery came, if available;
Page 16, Line 14(E) The propulsion battery dimensions and weight, if
Page 16, Line 15available;
Page 16, Line 16(F) A photograph of the label on the propulsion battery;
Page 16, Line 17and
Page 16, Line 18(G) An assessment as to whether the propulsion battery
Page 16, Line 19is damaged or defective.
Page 16, Line 20(10) (a) On and after October 1, 2028, a repurposer shall:
Page 16, Line 21(I) Label a propulsion battery that is repurposed in the
Page 16, Line 22state, ensuring that the repurposer's brand is clearly marked on
Page 16, Line 23the label; and
Page 16, Line 24(II) Ensure the propulsion battery recycling of propulsion
Page 16, Line 25batteries that are within the repurposer's possession and that
Page 16, Line 26cannot be repurposed.
Page 16, Line 27(b) (I) On or before June 1, 2030, and on or before each June
Page 16, Line 281 thereafter, a repurposer shall submit an annual report to the
Page 16, Line 29executive director covering the preceding calendar year of the
Page 16, Line 30repurposer's responsible propulsion battery management. The
Page 16, Line 31report must include the following:
Page 16, Line 32(A) The number of propulsion batteries that the
Page 16, Line 33repurposer repurposed from Colorado; and
Page 16, Line 34(B) The name and address of where the repurposed
Page 16, Line 35batteries were sold or transferred, including for batteries sent
Page 16, Line 36for use in a secondary application and those sent for propulsion
Page 16, Line 37battery recycling.
Page 16, Line 38(II) The annual report may be unique to Colorado or may
Page 16, Line 39include information for multiple states.
Page 16, Line 40(III) A repurposer that is also a remanufacturer need
Page 16, Line 41only submit one annual report that includes the required
Page 16, Line 42information set forth in this section.
Page 16, Line 43(11) On and after October 1, 2028:
Page 17, Line 1(a) All propulsion batteries in the state must be managed
Page 17, Line 2at end of life in accordance with responsible propulsion battery
Page 17, Line 3management;
Page 17, Line 4(b) Propulsion batteries that are hazardous waste as
Page 17, Line 5defined under federal or state hazardous or solid waste laws
Page 17, Line 6must be managed in a manner consistent with those laws;
Page 17, Line 7(c) A person shall not dispose of a propulsion battery by
Page 17, Line 8taking the propulsion battery to a landfill; and
Page 17, Line 9(d) A person not identified in this section is responsible for
Page 17, Line 10ensuring the responsible propulsion battery management of
Page 17, Line 11propulsion batteries by working with a secondary handler,
Page 17, Line 12propulsion battery provider, remanufacturer, repurposer, or
Page 17, Line 13propulsion battery recycler.
Page 17, Line 1425-17-1020. Applicability.
Page 17, Line 15A vehicle containing a propulsion battery originally sold
Page 17, Line 16in the state is not subject to this part 10 when it is retired out of
Page 17, Line 17state.
Page 17, Line 18SECTION 7. Act subject to petition - effective date. This act
Page 17, Line 19takes effect at 12:01 a.m. on the day following the expiration of the
Page 17, Line 20ninety-day period after final adjournment of the general assembly (August
Page 17, Line 2112, 2026, if adjournment sine die is on May 13, 2026); except that, if a
Page 17, Line 22referendum petition is filed pursuant to section 1 (3) of article V of the
Page 17, Line 23state constitution against this act or an item, section, or part of this act
Page 17, Line 24within such period, then the act, item, section, or part will not take effect
Page 17, Line 25unless approved by the people at the general election to be held in
Page 17, Line 26November 2026 and, in such case, will take effect on the date of the
Page 17, Line 27official declaration of the vote thereon by the governor.".