First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0173.01 Clare Haffner x6137
SENATE BILL 25-163
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE ESTABLISHME NT OF BATTERY STEWARDSHIP101
PROGRAMS FOR THE DISPOSAL OF CERTAIN BATTERIES .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires an organization, defined in the bill as a battery
stewardship organization, to, no later than July 1, 2026, and every 5 years
thereafter, submit to the executive director of the department of public
health and environment (executive director) a battery stewardship plan
(plan), which is a plan for the collection, transportation, processing, and
recycling of certain batteries.
SENATE SPONSORSHIP
Cutter,
HOUSE SPONSORSHIP
Brown and Stewart R.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. On and after August 1, 2026, a producer selling, making available
for sale, or distributing certain batteries or battery-containing products in
or into the state must participate in and finance a battery stewardship
organization that has submitted a plan to the executive director. On and
after July 1, 2028, a retailer is prohibited from selling, offering for sale,
distributing, or otherwise making available for sale certain batteries or
battery-containing products in the state, unless the producer of the
batteries or battery-containing products is participating in a battery
stewardship organization that has an approved plan. A retailer is
prohibited from charging a point-of-sale fee to consumers to cover the
costs of a battery stewardship organization.
The bill specifies what a plan must contain to be approved by the
executive director, including, among other things, contact information for
participating producers, performance goals, and methods to promote
participation in the plan and increase public awareness of the battery
stewardship program (program) that will be implemented by the battery
stewardship organization pursuant to the plan. In addition, a plan must
detail how the battery stewardship organization will arrange for the
collection of certain batteries by establishing collection sites that are
freely available to any person.
A battery stewardship organization implementing an approved plan
is required to develop and administer a system to collect charges from
participating producers to cover the costs of implementing the program.
In addition, a battery stewardship organization, in consultation with the
department of public health and environment (department) and interested
stakeholders, must complete an assessment of the opportunities and
challenges associated with the end-of-life management of certain
batteries, which assessment must be submitted to the general assembly on
or before October 1, 2027.
On or before June 1, 2028, and on or before each June 1 thereafter,
a battery stewardship organization with an approved plan must submit an
annual report to the executive director, which report must include certain
information about the preceding year of plan implementation. The bill
also requires a battery stewardship organization to carry out promotional
activities to increase public awareness of the program. Battery
stewardship organizations with approved plans must coordinate to
conduct a survey of public awareness of the programs and share the
results of the survey with the executive director as part of the annual
reports.
On or before December 1, 2026, and on or before each December
1 thereafter, the department must provide each battery stewardship
organization with an accounting of the organization's portion of the costs
in administering a program, and the battery stewardship organization is
required to pay to the department an annual fee based on the department's
accounting by July 1 of each year. Fees will be credited to the battery
SB25-163
-2- stewardship fund created in the state treasury.
The bill requires a producer or retailer to mark certain batteries
with labels that:
! Identify the producer of the batteries; and
! Include certain information to ensure the proper collection
and recycling of the batteries.
Beginning January 1, 2029, a person is required to manage certain
unwanted batteries through delivery to a collection site, event, or program
established by a battery stewardship program. A person is prohibited from
disposing of certain batteries in a landfill.
A producer or battery stewardship organization that violates any
of the bill's requirements is liable for a civil penalty of $7,000 per
violation; except that a battery stewardship organization that fails to pay
a fee required by the department pursuant to the bill's requirements is
liable for a civil penalty that is double the applicable fee.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 10 to article2
17 of title 25 as follows:3
PART 104
BATTERY STEWARDSHIP PROGRAMS5
25-17-1001. Short title. T
HE SHORT TITLE OF THIS PART 10 IS THE6
"B
ATTERY STEWARDSHIP ACT".7
25-17-1002. Legislative declaration. (1) T
HE GENERAL8
ASSEMBLY FINDS THAT:9
(a) M
ULTIPLE STUDIES HAVE ESTABLISHED THAT EXPENSIVE AND10
HAZARDOUS RISKS RESULT FROM THE IMPROPER HANDLING AND DISPOSAL11
OF BATTERIES. IT IS IN THE PUBLIC INTEREST OF COLORADO RESIDENTS TO12
REDUCE THE INHERENT RISK OF FIRES THAT CAN OCCUR WHEN BATTERIES13
ARE IMPROPERLY DISPOSED OF AND TO ENCOURAGE THE RECOVERY OF14
VALUABLE MATERIALS IN BATTERIES THAT CAN BE PUT BACK INTO THE15
SUPPLY CHAIN.16
(b) A
CCORDING TO ANALYSES CONDUCTED BY SEVERAL STATE17
SB25-163-3- ORGANIZATIONS, ACCESS TO COLLECTION, RECOVERY, AND RECYCLING1
PROGRAMS FOR PORTABLE SMALL AND MEDIUM -FORMAT BATTERIES IS2
LIMITED, INCONVENIENT, AND COSTLY FOR MOST COLORADO RESIDENTS.3
C
OLORADO COMMUNITIES THAT OPERATE BATTERY COLLECTION EVENTS4
AND FACILITIES REPORT THAT SUCH EVENTS AND FACILITIES ARE COSTLY5
FOR LOCAL GOVERNMENTS TO OPERATE .6
(c) W
ITHOUT A COORDINATED BATTERY STEWARDSHIP PROGRAM ,7
CONSUMERS WILL CONTINUE TO BE CONFUSED ABOUT PROPER BATTERY8
DISPOSAL;9
(d) E
NSURING THE PROPER RECOVERY OF USED PORTABLE SMALL10
AND MEDIUM-FORMAT BATTERIES PREVENTS THE IGNITION OF FIRES AND11
THE RELEASE OF TOXIC MATERIALS INTO THE ENVIRONMENT ; AND12
(e) I
T IS THE BEST PRACTICE FOR A BATTERY STEWARDSHIP13
PROGRAM TO COLLECT ALL BATTERY TYPES AND CHEMISTRIES , AS14
EVIDENCED BY SUCCESSFUL BATTERY STEWARDSHIP PROGRAMS15
OPERATING IN OTHER STATES.16
(2) T
HE GENERAL ASSEMBLY THEREFORE DECLARES THAT IT IS IN17
THE PUBLIC INTEREST OF COLORADO TO REQUIRE PRODUCERS OF18
BATTERIES TO FI NANCE AND IMPLEMENT A COORDINATED ,19
STATE-APPROVED SYSTEM THAT INCREASES ACCESS TO THE SAFE DISPOSAL20
OF BATTERIES IN COLORADO.21
25-17-1003. Definitions - rules. A
S USED IN THIS PART 10, UNLESS22
THE CONTEXT OTHERWISE REQUIRES :23
(1) "A
PPROVED PLAN" MEANS A BATTERY STEWARDSHIP PLAN24
THAT HAS BEEN APPROVED BY THE EXECUTIVE DIRECTOR PURSUANT TO25
SECTION 25-17-1005.26
(2) "B
ATTERY-CONTAINING PRODUCT" MEANS A PRODUCT SOLD,27
SB25-163
-4- OFFERED FOR SALE, OR DISTRIBUTED IN OR INTO THE STATE THAT1
CONTAINS OR IS PACKAGED WITH RECHARGEABLE OR PRIMARY BATTERIES2
THAT ARE COVERED BATTERIES .3
(3) "B
ATTERY STEWARDSHIP ORGANIZATION " OR "ORGANIZATION"4
MEANS A PRODUCER THAT DIRECTLY IMPLEMENTS A BATTERY5
STEWARDSHIP PLAN IN ACCORDANCE WITH THIS PART 10 OR A NONPROFIT6
ORGANIZATION DESIGNATED BY A PRODUCER OR A GROUP OF PRODUCERS7
TO IMPLEMENT A BATTERY STEWARDSHIP PLAN IN ACCOR DANCE WITH THIS8
PART 10.9
(4) "B
ATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN FOR10
THE COLLECTION, TRANSPORTATION, PROCESSING, AND RECYCLING OF11
COVERED BATTERIES SUBMI TTED TO THE EXECUTIVE DIRECTOR PURSUANT12
TO SECTION 25-17-1005 (1).13
(5) "B
ATTERY STEWARDSHIP PROGRAM " OR "PROGRAM" MEANS A14
PROGRAM IMPLEMENTED BY A BATTERY STEWARDSHIP ORGANIZATION IN15
ACCORDANCE WITH AN APPROVED PLAN .16
(6) "C
OLLECTION RATE" MEANS A PERCENTAGE, BY WEIGHT, OF17
COVERED BATTERIES THAT A BATTERY STEWARDSHIP ORGANIZATION18
COLLECTS, WHICH IS CALCULATED BY DIVIDING THE TOTAL WEIGHT OF THE19
COVERED BATTERIES THAT THE BATTERY STEWARDSHIP ORGANIZATION20
COLLECTED DURING THE PREVIOUS CALENDAR YEAR BY THE AVERAGE21
ANNUAL WEIGHT OF COVERED BATTERIES THAT WERE ESTIMATED BY THE22
ORGANIZATION TO HAVE BEEN SOLD , OFFERED FOR SALE, OR DISTRIBUTED23
IN OR INTO THE STATE DURING THE PREVIOUS THREE CALENDAR YEARS BY24
PRODUCERS PARTICIPATING IN AN APPROVED PLAN .25
(7) "C
OMMISSION" MEANS THE SOLID AND HAZARDOUS WASTE26
COMMISSION CREATED IN SECTION 25-15-302 (1)(a).27
SB25-163
-5- (8) (a) "COVERED BATTERY" MEANS A PORTABLE BATTERY , A1
MEDIUM-FORMAT BATTERY, OR ANY BATTERY SOLD LOOSE OR AS AN2
EASILY REMOVABLE BATTERY WITHIN A BATTERY -CONTAINING PRODUCT3
OR A MOTORIZED DEVICE.4
(b) "C
OVERED BATTERY" DOES NOT INCLUDE:5
(I) A
BATTERY CONTAINED WITHIN A DEVICE , AS DEFINED IN 216
U.S.C.
SEC. 321 (h) AS OF THE EFFECTIVE DATE OF THIS PART 10, THAT IS7
NOT DESIGNED AND MARKETED FOR SALE OR RESALE PRINCIPALLY TO8
CONSUMERS FOR PERSONAL USE ;9
(II) A
BATTERY THAT CONTAINS AN ELECTROLYTE AS A FREE10
LIQUID;11
(III) A
LEAD-ACID BATTERY WEIGHING MORE THAN ELEVEN12
POUNDS;13
(IV) A
N EMBEDDED BATTERY; OR14
(V) A
BATTERY THAT IS A COMPONENT OF A MOTOR VEHICLE OR15
INTENDED FOR USE EXCLUSIVELY IN MOTOR VEHICLES .16
(9) "D
AMAGED OR DEFECTIVE BATTERY " MEANS A BATTERY THAT17
HAS BEEN DAMAGED OR IDENTIFIED BY THE MANUFACTURER AS BEING18
DEFECTIVE FOR SAFETY REASONS AND THAT HAS THE POTENTIAL OF19
PRODUCING A DANGEROUS EVOLUTION OF HEAT , FIRE, OR SHORT CIRCUIT,20
AS DESCRIBED IN 49 CFR 173.185 (f), OR AS UPDATED BY THE21
COMMISSION BY RULE TO MAINTAIN CONSISTENCY WITH FEDERAL22
STANDARDS.23
(10) "D
EPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH24
AND ENVIRONMENT CREATED IN SECTION 25-1-102.25
(11) "D
ISPROPORTIONATELY IMPACTED COMMUNITY " HAS THE26
MEANING SET FORTH IN SECTION 24-4-109 (2)(b)(II).27
SB25-163
-6- (12) "EASILY REMOVABLE" MEANS A BATTERY THAT IS INTENDED1
OR DESIGNED BY THE MANUFACTURER TO BE REMOVABLE BY THE USER OF2
THE BATTERY WITH NO MORE THAN COMMONLY USED HOUSEHOLD TOOLS .3
(13) "E
MBEDDED BATTERY " MEANS A BATTERY THAT IS4
CONTAINED IN A PRODUCT AND THAT IS NOT DESIGNED TO BE EASILY5
REMOVABLE.6
(14) "E
XECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF7
THE DEPARTMENT.8
(15) "F
UND" MEANS THE BATTERY STEWARDSHIP FUND CREATED9
IN SECTION 25-17-1012 (2)(a).10
(16) "H
OUSEHOLD HAZARDOUS WASTE FACILITY " MEANS A11
FACILITY THAT IS SUBJECT TO FEDERAL AND STATE REGULATIONS THAT12
ENSURE THAT THE FACILITY IS COLLECTING UNIVERSAL WASTE , AS13
DEFINED IN 40 CFR 273.9, IN A MANNER THAT PREVENTS THE HARMFUL14
IMPACT OF IMPROPER DISPOSAL OF THE UNIVERSAL WASTE .15
(17) "L
OCAL GOVERNMENT" MEANS A COUNTY, CITY, TOWN, CITY16
AND COUNTY, OR SPECIAL DISTRICT WITHIN THE STATE OF COLORADO.17
(18) "M
ATERIALS RECOVERY FACILITY" MEANS A FACILITY THAT18
PROCESSES MATERIALS THAT ARE COLLECTED FOR RECYCLING BEFORE19
BEING CONVEYED TO END-MARKET BUSINESSES.20
(19) "M
EDIUM-FORMAT BATTERY" MEANS THE FOLLOWING21
PRIMARY OR RECHARGEABLE COVERED BATTERIES :22
(a) F
OR PRIMARY BATTERIES, A BATTERY WEIGHING AT LEAST23
FOUR AND FOUR-TENTHS POUNDS AND NO MORE THAN TWENTY -FIVE24
POUNDS; OR25
(b) F
OR RECHARGEABLE BATTERIES , A BATTERY WEIGHING:26
(I) M
ORE THAN ELEVEN POUNDS OR HAVING A RATING OF MORE27
SB25-163
-7- THAN THREE HUNDRED WATT -HOURS, OR BOTH; AND1
(II) N
O MORE THAN TWENTY-FIVE POUNDS OR HAVING A RATING2
OF NO MORE THAN TWO THOUSAND WATT -HOURS, OR BOTH.3
(20) "P
ORTABLE BATTERY" MEANS THE FOLLOWING PRIMARY OR4
RECHARGEABLE COVERED BATTERIES :5
(a) F
OR PRIMARY BATTERIES, A BATTERY WEIGHING NO MORE6
THAN FOUR AND FOUR-TENTHS POUNDS; OR7
(b) F
OR RECHARGEABLE BATTERIES , A BATTERY WEIGHING NO8
MORE THAN ELEVEN POUNDS AND HAVING A RATING OF NO MORE THAN9
THREE HUNDRED WATT-HOURS.10
(21) "P
RIMARY BATTERY" MEANS A BATTERY THAT IS NOT11
CAPABLE OF BEING RECHARGED .12
(22) (a) "P
RODUCER" MEANS:13
(I) F
OR COVERED BATTERIES SOLD , OFFERED FOR SALE, OR14
DISTRIBUTED IN OR INTO THE STATE:15
(A) I
F THE COVERED BATTERY IS SOLD , OFFERED FOR SALE, OR16
DISTRIBUTED IN OR INTO THE STATE UNDER THE BRAND OF THE BATTERY17
MANUFACTURER, THE PRODUCER IS THE PERSON THAT MANUFACTURES18
THE BATTERY;19
(B) I
F THE COVERED BATTERY IS SOLD , OFFERED FOR SALE, OR20
DISTRIBUTED IN OR INTO THE STATE UNDER A RETAIL BRAND OR UNDER A21
BRAND OWNED BY A PERSON OTHER THAN THE BATTERY MANUFACTURER ,22
THE PRODUCER IS THE BRAND OWNER ;23
(C) I
F THERE IS NO PERSON THAT SUBSECTION (22)(a)(I)(A) OR24
(22)(a)(I)(B)
OF THIS SECTION APPLIES TO, THE PRODUCER IS THE LICENSEE25
OF THE BRAND OR TRADEMARK UNDER WHICH THE COVERED BATTERY IS26
SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN OR INTO THE STATE ,27
SB25-163
-8- REGARDLESS OF WHETHER THE TRADEMARK IS REGISTERED IN THE STATE ;1
(D) I
F THERE IS NO PERSON IN THE UNITED STATES THAT2
SUBSECTION (22)(a)(I)(A), (22)(a)(I)(B), OR (22)(a)(I)(C) OF THIS SECTION3
APPLIES TO, THE PRODUCER IS THE PERSON THAT IS THE IMPORTER OF4
RECORD FOR THE COVERED BATTERY INTO THE UNITED STATES; AND5
(E) I
F THERE IS NO PERSON WITH A COMMERCIAL PRESENCE IN THE6
STATE THAT SUBSECTION (22)(a)(I)(A), (22)(a)(I)(B), (22)(a)(I)(C), OR7
(22)(a)(I)(D)
OF THIS SECTION APPLIES TO, THE PRODUCER IS THE PERSON8
THAT FIRST SELLS, OFFERS FOR SALE, OR DISTRIBUTES THE COVERED9
BATTERY IN OR INTO THE STATE; AND10
(II) F
OR COVERED BATTERY -CONTAINING PRODUCTS SOLD ,11
OFFERED FOR SALE, OR DISTRIBUTED IN OR INTO THE STATE:12
(A) I
F THE BATTERY-CONTAINING PRODUCT IS SOLD, OFFERED FOR13
SALE, OR DISTRIBUTED IN OR INTO THE STATE UNDER THE BRAND OF THE14
BATTERY MANUFACTURER , THE PRODUCER IS THE PERSON THAT15
MANUFACTURES THE BATTERY -CONTAINING PRODUCT;16
(B) I
F THE BATTERY-CONTAINING PRODUCT IS SOLD, OFFERED FOR17
SALE, OR DISTRIBUTED IN OR INTO THE STATE UNDER A RETAIL BRAND OR18
UNDER A BRAND OWNED BY A PE RSON OTHER THAN THE BATTERY19
MANUFACTURER, THE PRODUCER IS THE BRAND OWNER ;20
(C) I
F THERE IS NO PERSON THAT SUBSECTION (22)(a)(II)(A) OR21
(22)(a)(II)(B)
OF THIS SECTION APPLIES TO, THE PRODUCER IS THE22
LICENSEE OF THE BRAND OR TRADEMARK UNDER WHICH THE23
BATTERY-CONTAINING PRODUCT IS SOLD , OFFERED FOR SALE , OR24
DISTRIBUTED IN OR INTO THE STATE , REGARDLESS OF WHETHER THE25
TRADEMARK IS REGISTERED IN THE STATE ;26
(D) I
F THERE IS NO PERSON IN THE UNITED STATES THAT27
SB25-163
-9- SUBSECTION (22)(a)(II)(A), (22)(a)(II)(B), OR (22)(a)(II)(C) OF THIS1
SECTION APPLIES TO, THE PRODUCER IS THE PERSON THAT IS THE IMPORTER2
OF RECORD FOR THE BATTERY -CONTAINING PRODUCT INTO THE UNITED3
S
TATES; AND4
(E) I
F THERE IS NO PERSON WITH A COMMERCIAL PRESENCE IN THE5
STATE THAT SUBSECTION (22)(a)(II)(A), (22)(a)(II)(B), (22)(a)(II)(C), OR6
(22)(a)(II)(D)
OF THIS SECTION APPLIES TO, THE PRODUCER IS THE PERSON7
THAT FIRST SELLS , OFFERS FOR SALE , OR DISTRIBUTES THE8
BATTERY-CONTAINING PRODUCT IN OR INTO THE STATE .9
(b) "P
RODUCER" DOES NOT INCLUDE A PERSON THAT ONLY10
MANUFACTURES, SELLS, OFFERS FOR SALE, DISTRIBUTES, OR IMPORTS IN OR11
INTO THE STATE A BATTERY-CONTAINING PRODUCT IF:12
(I) T
HE ONLY BATTERIES CONTAINED IN OR SUPPLIED WITH THE13
BATTERY-CONTAINING PRODUCT ARE SUPPLIED BY A PRODUCER THAT HAS14
JOINED A BATTERY STEWARDSHIP ORGANIZATION WITH AN APPROVED15
PLAN ACKNOWLEDGING THAT THE PRODUCER IS THE PRODUCER FOR THAT16
COVERED BATTERY PURSUANT TO THIS PART 10; AND17
(II) T
HE PRODUCER PROVIDES WRITTEN CERTIFICATION TO BOTH18
THE PERSON DESCRIBED IN THIS SUBSECTION (22)(b) AND THE BATTERY19
STEWARDSHIP ORGANIZATION OF WHICH THE PRODUCER IS A MEMBER .20
(c) A
PERSON IS NOT THE PRODUCER OF A COVERED BATTERY OR21
BATTERY-CONTAINING PRODUCT SOLD , OFFERED FOR SALE , OR22
DISTRIBUTED IN OR INTO THE STATE IF ANOTHER PARTY HAS23
CONTRACTUALLY ACCEPTED RESPONSIBILITY AS A PRODUCER AND HAS24
JOINED A BATTERY STEWARDSHIP ORGANIZATION WITH AN APPROVED25
PLAN ACKNOWLEDGING THAT THE OTHER PARTY IS THE PRODUCER FOR26
THAT COVERED BATTERY OR BATTERY -CONTAINING PRODUCT PURSUANT27
SB25-163
-10- TO THIS PART 10.1
(23) "P
ROPRIETARY INFORMATION" HAS THE MEANING SET FORTH2
IN SECTION 25-17-703 (34).3
(24) "R
ECHARGEABLE BATTERY " MEANS A BATTERY THAT4
CONTAINS ONE OR MORE VOLTAIC OR GALVANIC CELLS , WHICH ARE5
ELECTRICALLY CONNECTED TO PRODUCE ELECTRIC ENERGY AND DESIGNED6
TO BE RECHARGED.7
(25) "R
ECYCLING" HAS THE MEANING SET FORTH IN SECTION8
25-17-703
(37).9
(26) "R
ECYCLING EFFICIENCY RATE" MEANS THE RATIO OF THE10
WEIGHT OF COMPONENTS AND MATERIALS RECYCLED BY A BATTERY11
STEWARDSHIP ORGANIZATION FROM COVERED BATTERIES TO THE WEIGHT12
OF COVERED BATTERIES AS COLLECTED BY THE BATTERY STEWARDSHIP13
ORGANIZATION.14
(27) "R
ETAILER" MEANS A PERSON THAT SELLS COVERED15
BATTERIES OR BATTERY-CONTAINING PRODUCTS IN OR INTO THE STATE ,16
INCLUDING SALES MADE THROUGH AN INTERNET TRANSACTION , OR OFFERS17
OR OTHERWISE MAKES AVAILABLE COVERED BATTERIES OR18
BATTERY-CONTAINING PRODUCTS TO A CUSTOMER IN THE STATE .19
(28) "W
RITTEN CERTIFICATION" MEANS WRITTEN CERTIFICATION20
BY A PRODUCER THAT:21
(a) T
HE PRODUCER IS A MEMBER OF A BATTERY STEWARDSHIP22
ORGANIZATION; AND23
(b) A
COVERED BATTERY OR BATTERY -CONTAINING PRODUCT IS24
MARKED IN ACCORDANCE WITH SECTION 25-17-1013 OR THE RULES25
ADOPTED IN ACCORDANCE WITH SECTION 25-17-1013.26
25-17-1004. Requirement that producers participate in a27
SB25-163
-11- battery stewardship plan - retailer requirements - no point-of-sale1
fees. (1) O
N AND AFTER AUGUST 1, 2026:2
(a) A
PRODUCER SELLING, MAKING AVAILABLE FOR SALE , OR3
DISTRIBUTING COVERED BATTERIES OR BATTERY -CONTAINING PRODUCTS4
IN OR INTO THE STATE SHALL PARTICIPATE IN AND FINANCE A BATTERY5
STEWARDSHIP ORGANIZATION THAT HAS SUBMITTED A PLAN PURSUANT TO6
SECTION 25-17-1005 (1)(a); AND7
(b) E
XCEPT AS PROVIDED IN SECTION 25-17-1003 (22)(b) AND8
(22)(c),
A PRODUCER SHALL NOT SELL, MAKE AVAILABLE FOR SALE, OR9
DISTRIBUTE COVERED BATTERIES OR BATTERY -CONTAINING PRODUCTS IN10
OR INTO THE STATE UNLESS THAT PRODUCER PARTICIPATES IN A BATTERY11
STEWARDSHIP ORGANIZATION AND A BATTERY STEWARDSHIP PLAN .12
(2) (a) O
N AND AFTER JULY 1, 2028, A RETAILER SHALL NOT SELL,13
OFFER FOR SALE, DISTRIBUTE, OR OTHERWISE MAKE AVAILABLE FOR SALE14
A COVERED BATTERY OR BATTERY -CONTAINING PRODUCT IN THE STATE15
UNLESS THE PRODUCER OF THE COVERED BATTERY OR16
BATTERY-CONTAINING PRODUCT IS PARTICIPATING IN A BATTERY17
STEWARDSHIP ORGANIZATION WITH AN APPROVED PLAN .18
(b) A
RETAILER DOES NOT VIOLATE SUBSECTION (2)(a) OF THIS19
SECTION IF THE WEBSITE MADE AVAILABLE BY THE EXECUTIVE DIRECTOR20
IN ACCORDANCE WITH SECTION 25-17-1012 (2)(d)(III) LISTS, AS OF THE21
DATE A PRODUCT SOLD BY THE RETAILER IS MADE AVAILABLE FOR RETAIL22
SALE, THE PRODUCER OR BR AND OF COVERED BATTERY OR23
BATTERY-CONTAINING PRODUCT AS A PARTICIPANT IN AN APPROVED PLAN .24
(c) (I) A
RETAILER OF A COVERED BATTERY OR A25
BATTERY-CONTAINING PRODUCT IS NOT REQUIRED TO MAKE A RETAIL26
LOCATION AVAILABLE TO SERVE AS A COLLECTION SITE FOR A BATTERY27
SB25-163
-12- STEWARDSHIP PROGRAM .1
(II) A
RETAILER THAT OFFERS A RETAIL LOCATION THAT SERVES AS2
A COLLECTION SITE MUST COMPLY WITH THE REQUIREMENTS FOR3
COLLECTION SITES DESCRIBED IN SECTION 25-17-1008.4
(d) A
RETAILER SHALL NOT SELL, OFFER FOR SALE, DISTRIBUTE, OR5
OTHERWISE MAKE AVAILABLE FOR SALE A COVERED BATTERY OR6
BATTERY-CONTAINING PRODUCT UNLESS THE COVERED BATTERY OR7
BATTERY-CONTAINING PRODUCT IS MARKED IN ACCORDANCE WITH8
SECTION 25-17-1013 OR THE RULES ADOPTED IN ACCORDANCE WITH9
SECTION 25-17-1013.10
(e) (I) A
BATTERY STEWARDSHIP ORGANIZATION SHALL MAKE11
INFORMATION AVAILABLE TO A RETAILER FOR VOLUNTARY USE THAT THE12
RETAILER MAY USE TO INFORM CUSTOMERS OF AVAILABLE END -OF-LIFE13
MANAGEMENT OPTIONS FOR COVERED BATTERIES COLLECTED BY THE14
BATTERY STEWARDSHIP ORGANIZATION , WHICH INFORMATION MUST15
INCLUDE IN-STORE SIGNAGE, WRITTEN MATERIALS , AND OTHER16
PROMOTIONAL MATERIALS .17
(II) A
RETAILER SELLING, OFFERING FOR SALE, DISTRIBUTING, OR18
OTHERWISE MAKING AVAILABLE A COVERED BATTERY OR19
BATTERY-CONTAINING PRODUCT MAY PROVIDE THE INFORMATION20
DESCRIBED IN SUBSECTION (2)(e)(I) OF THIS SECTION TO CUSTOMERS AND21
THE PUBLIC.22
(3) A
RETAILER, PRODUCER, OR BATTERY STEWARDSHIP23
ORGANIZATION SHALL NOT CHARGE A POINT -OF-SALE FEE TO CONSUMERS24
TO COVER THE ADMINISTRATIVE OR OPERATIONAL COSTS OF A BATTERY25
STEWARDSHIP ORGANIZATION OR A BATTERY STEWARDSHIP PROGRAM .26
25-17-1005. Battery stewardship plans - review and approval27
SB25-163
-13- by the executive director. (1) N O LATER THAN JULY 1, 2026, AND EVERY1
FIVE YEARS THEREAFTER, A BATTERY STEWARDSHIP ORGANIZATION SHALL2
SUBMIT TO THE EXECUTIVE DIRECTOR A PLAN FOR THE COLLECTION ,3
TRANSPORTATION, PROCESSING, AND RECYCLING OF COVERED BATTERIES4
UNDER A BATTERY STEWARDSHIP PROGRAM . THE EXECUTIVE DIRECTOR5
SHALL REVIEW AND APPROVE, DISAPPROVE, OR CONDITIONALLY APPROVE6
A PLAN BASED ON WHETHER THE PLAN :7
(a) L
ISTS AND PROVIDES CONTACT INFORMATION FOR EACH8
PRODUCER, COVERED BATTERY BRAND , AND BATTERY-CONTAINING9
PRODUCT BRAND COVERED BY THE PLAN , INCLUDING IDENTIFYING10
PRODUCERS THAT HAVE CONTRACTUALLY ACCEPTED RESPONSIBILITY AS11
A PRODUCER IN ACCORDANCE WITH SECTION 25-17-1003 (22)(c);12
(b) P
ROPOSES PERFORMANCE GOALS THAT ARE CONSISTENT WITH13
SECTION 25-17-1006, INCLUDING ESTABLISHING PERFORMANCE GOALS FOR14
EACH OF THE THREE CALENDAR YEARS AFTER THE PLAN IS SUBMITTED TO15
THE EXECUTIVE DIRECTOR;16
(c) D
ESCRIBES HOW THE ORGANIZATION WILL MAKE RETAILERS17
AWARE OF THE OBLIGATION DESCRIBED IN SECTION 25-17-1004 (2)(a) TO18
SELL ONLY COVERED BATTERIES AND BA TTERY -CONTAINING PRODUCTS OF19
PRODUCERS PARTICIPATING IN AN APPROVED PLAN ;20
(d) D
ESCRIBES THE EDUCATION AND COMMUNICATIONS STRATEGY21
BEING IMPLEMENTED PURSUANT TO SECTION 25-17-1010 TO PROMOTE22
PARTICIPATION IN THE APPROVED PLAN AND TO PROVIDE THE23
INFORMATION NECESSARY FOR EFFECTIVE PARTICIPATION OF CONSUMERS ,24
RETAILERS, AND OTHERS;25
(e) D
ESCRIBES HOW THE ORGANIZATION WILL MAKE SIGNAGE ,26
WRITTEN MATERIALS, AND OTHER PROMOTIONAL MATERIALS AVAILABLE27
SB25-163
-14- TO COLLECTION SITES SO THAT COLLECTION SITES MAY USE THE1
MATERIALS TO INFORM CONSUMERS OF AVAILABLE END -OF-LIFE2
MANAGEMENT OPTIONS FOR COVERED BATTERIES COLLECTED BY THE3
ORGANIZATION;4
(f) L
ISTS PROMOTIONAL ACTIVITIES TO BE UNDERTAKEN BY THE5
ORGANIZATION, INCLUDING THE IDENTIFICATION OF CONSUMER6
AWARENESS GOALS AND STRATEGIES THAT THE ORGANIZATION WILL7
EMPLOY TO ACHIEVE THESE GOALS WHEN THE PROGRAM IS IMPLEMENTED ;8
(g) I
NCLUDES COLLECTION SITE SAFETY TRAINING PROCEDURES9
RELATED TO COVERED BATTERY COLLECTION ACTIVITIES AT COLLECTION10
SITES, INCLUDING A DESCRIPTION OF OPERATING PROTOCOLS TO REDUCE11
THE RISK OF A SPILL OR FIRE, RESPONSE PROTOCOLS IN THE EVENT OF A12
SPILL OR FIRE, AND PROTOCOLS FOR SAFE MANAGEMENT OF DAMAGED OR13
DEFECTIVE BATTERIES THAT ARE RETURNED TO COLLECTION SITES ;14
(h) D
ESCRIBES THE METHOD TO ESTABLISH AND ADMINISTER A15
MEANS FOR FULLY FUNDING THE PROGRAM IN A MANNER THAT EQUITABLY16
DISTRIBUTES THE PROGRAM 'S COSTS AMONG THE PRODUCERS17
PARTICIPATING IN THE ORGANIZATION, INCLUDING A DESCRIPTION OF THE18
CHARGES COLLECTED FROM PRODUCERS PURSUANT TO SECTION19
25-17-1007
(1). IF A PRODUCER CHOOSES TO DIRECTLY IMPLEMENT A PLAN20
INDIVIDUALLY WITHOUT DESIGNATING A NONPROFIT ORGANIZATION , THE21
PLAN MUST DESCRIBE THE PROPOSED METHOD TO ESTABLISH AND22
ADMINISTER A MEANS FOR FULLY FUNDING THE PROGRAM .23
(i) D
ESCRIBES HOW THE PROGRAM WILL COLLECT ALL COVERED24
TYPES AND BRANDS OF COVERED BATTERIES ON A FREE , CONTINUOUS,25
CONVENIENT, VISIBLE, AND ACCESSIBLE BASIS, AND IN ACCORDANCE WITH26
SECTION 25-17-1008, INCLUDING A DESCRIPTION OF HOW THE STATEWIDE27
SB25-163
-15- COLLECTION OPPORTUNITIES DESCRIBED IN SECTION 25-17-1008 (4)(b)1
AND (4)(c) WILL BE MET AND A LIST OF THE NAMES AND ADDRESSES OF2
COLLECTION SITES PARTICIPATING IN THE PROGRAM ;3
(j) D
ESCRIBES HOW THE PROGRAM WILL WORK WITH MATERIALS4
RECOVERY FACILITIES AND SECONDARY PROCESSORS TO PROPERLY5
PROCESS AND TRANSPORT FOR RECYCLING ANY COVERED BATTERIES6
IMPROPERLY SENT TO THE FACILITIES THROUGH THE WASTE OR RECYCLING7
STREAMS;8
(k) P
ROVIDES AN EXPLANATION FOR ANY DELAY ANTICIPATED BY9
THE ORGANIZATION FOR THE IMPLEMENTATION OF THE MANAGEMENT OF10
MEDIUM-FORMAT BATTERIES SUCH THAT THE IMPLEMENTATION WILL NOT11
BEGIN WITHIN SIX MONTHS AFTER THE PLAN IS APPROVED , INCLUDING A12
DELAY IN THE ABILITY TO COLLECT, PACKAGE, TRANSPORT, OR PROCESS13
MEDIUM-FORMAT BATTERIES IN ACCORDANCE WITH THIS PART 10, AND14
ESTABLISHES AN EXPECTED DATE OF COMPLIANCE FOR THE MANAGEMENT15
OF MEDIUM-FORMAT BATTERIES THAT IS NO LATER THAN JANUARY 1,16
2028,
IF A DELAY OCCURS;17
(l) D
ESCRIBES THE CRITERIA TO BE USED BY THE PROGRAM TO18
DETERMINE WHETHER AN ENTITY MAY SERVE AS A COLLECTION SITE FOR19
COVERED BATTERIES UNDER THE PROGRAM ;20
(m) I
DENTIFIES PROPOSED SERVICE PROVIDERS, SUCH AS SORTERS,21
TRANSPORTERS, AND PROCESSORS, TO BE USED BY THE PROGRAM FOR THE22
FINAL DISPOSITION OF COVERED BATTERIES AND PROPOSED PROVISIONS23
FOR RECORD KEEPING, TRACKING, AND DOCUMENTING THE FATE OF24
COLLECTED COVERED BATTERIES ;25
(n) D
ETAILS HOW THE PROGRAM WILL ACHIEVE A RECYCLING26
EFFICIENCY RATE OF AT LEAST SIXTY PERCENT FOR RECHARGEABLE27
SB25-163
-16- BATTERIES AND AT LEAST SEVENTY PERCENT FOR PRIMARY BATTERIES ;1
(o) P
ROPOSES GOALS FOR INCREASING PUBLIC AWARENESS OF THE2
PROGRAM AND DESCRIBES HOW THE PUBLIC EDUCATION AND OUTREACH3
COMPONENTS OF THE PROGRAM REQUIRED BY SECTION 25-17-1010 WILL4
BE IMPLEMENTED; AND5
(p) I
F THE PERFORMANCE GOALS DESCRIBED IN SECTION6
25-17-1006,
AND AS APPROVED IN THE BATTERY STEWARDSHIP PLAN ,7
HAVE NOT BEEN MET , INCLUDES CORRECTIVE MEASURES TO BE8
IMPLEMENTED BY THE ORGANIZATION TO MEET ITS PERFORMANCE GOALS ,9
WHICH MAY INCLUDE IMPROVEMENTS TO THE COLLECTION SITE NETWORK10
OR INCREASED EXPENDITURES DEDICATED TO EDUCATION AND OUTREACH .11
(2) A
BATTERY STEWARDSHIP ORGANIZATION MUST PROVIDE PLAN12
AMENDMENTS TO THE EXECUTIVE DIRECTOR FOR APPROVAL WHEN13
PROPOSING CHANGES TO THE PERFORMANCE GOALS DESCRIBED IN SECTION14
25-17-1006
BASED ON THE EXPERIENCE OF THE PROGRAM, INCLUDING THE15
EXPERIENCE OF THE PROGRAM DURING THE SIX MONTHS BEFORE THE16
SUBMISSION OF THE AMENDMENTS , OR WHEN THERE IS A CHANGE TO THE17
METHOD OF FINANCING THE PROGRAM PURSUANT TO SECTION 25-17-100718
(1).19
(3) (a) T
HE EXECUTIVE DIRECTOR SHALL REVIEW BATTERY20
STEWARDSHIP PLANS AND PLAN AMENDMENTS FOR COMPLIANCE WITH THIS21
PART 10 AND SHALL APPROVE, DISAPPROVE, OR CONDITIONALLY APPROVE22
A PLAN OR A PLAN AMENDMENT WITHIN ONE HUNDRED TWENTY DAYS23
AFTER RECEIPT OF THE PLAN OR PLAN AMENDMENT .24
(b) I
F THE EXECUTIVE DIRECTOR DISAPPROVES A BATTERY25
STEWARDSHIP PLAN OR PLAN AMENDMENT , THE EXECUTIVE DIRECTOR26
SHALL PROVIDE A WRITTEN NOTICE OF DISAPPROVAL EXPLAINING HOW THE27
SB25-163
-17- PLAN OR PLAN AMENDMENT DOES NOT COMPLY WITH THIS PART 10. THE1
BATTERY STEWARDSHIP ORGANIZATION SHALL SUBMIT TO THE EXECUTIVE2
DIRECTOR A REVISED PLAN , PLAN AMENDMENT , OR NOTICE OF PLAN3
WITHDRAWAL WITHIN SIXTY DAYS AFTER THE DATE THAT THE WRITTEN4
NOTICE OF DISAPPROVAL IS ISSUED. THE EXECUTIVE DIRECTOR SHALL5
REVIEW A REVISED PLAN OR PLAN AMENDMENT WITHIN NINETY DAYS6
AFTER THE ORGANIZATION SUBMITS THE REVISED PLAN , PLAN7
AMENDMENT, OR NOTICE OF PLAN WITHDRAWAL .8
(c) I
F A REVISED PLAN IS DISAPPROVED BY THE EXECUTIVE9
DIRECTOR, A PRODUCER OPERATING UNDER THE PLAN IS NOT IN10
COMPLIANCE WITH THIS PART 10 UNTIL THE EXECUTIVE DIRECTOR11
APPROVES A PLAN SUBMITTED BY AN ORGANIZATION THAT COVERS THE12
PRODUCER OR THE PR ODUCER 'S BATTERY BRAND OR13
BATTERY-CONTAINING PRODUCT BRAND .14
(d) I
F A PLAN, PLAN AMENDMENT, OR REVISED PLAN IS SUBMITTED15
TO THE EXECUTIVE DIRECTOR PURSUANT TO THIS SECTION , THE EXECUTIVE16
DIRECTOR SHALL MAKE THE PLAN , PLAN AMENDMENT, OR REVISED PLAN17
AVAILABLE FOR PUBLIC REVIEW AND COMMENT FOR AT LEAST THIRTY18
DAYS.19
(e) A
BATTERY STEWARDSHIP ORGANIZATION SHALL PROVIDE20
WRITTEN NOTIFICATION TO THE EXECUTIVE DIRECTOR WITHIN THIRTY21
DAYS AFTER A PRODUCER BEGINS TO PARTICIPATE OR CEASES TO22
PARTICIPATE IN THE ORGANIZATION OR AFTER THE ADDING OR REMOVING23
OF A PROCESSOR OR TRANSPORTER .24
25-17-1006. Performance goals. (1) A
BATTERY STEWARDSHIP25
PLAN MUST INCLUDE PERFORMANCE GOALS THAT MEASURE , ON AN26
ANNUAL BASIS, THE ACHIEVEMENTS OF THE BATTERY STEWARDSHIP27
SB25-163
-18- PROGRAM, INCLUDING:1
(a) T
HE COLLECTION RATE FOR COVERED BATTERIES BY THE2
PROGRAM, INCLUDING TARGET COLLECTION RATES FOR PRIMARY3
BATTERIES AND RECHARGEABLE BATTERIES ;4
(b) T
HE RECYCLING EFFICIENCY RATE OF THE PROGRAM ,5
INCLUDING TARGET RECYCLING EFFICIENCY RATES OF AT LEAST SIXTY6
PERCENT FOR RECHARGEABLE BA TTERIES AND AT LEAST SEVENTY7
PERCENT FOR PRIMARY BATTERIES ; AND8
(c) P
UBLIC AWARENESS OF THE PROGRAM , INCLUDING GOALS FOR9
PUBLIC AWARENESS, CONVENIENCE, AND ACCESSIBILITY THAT MEET OR10
EXCEED THE MINIMUM REQUIREMENTS ESTABLISHED IN SECTION11
25-17-1010.12
(2) A
BATTERY STEWARDSHIP ORGANIZATION SHALL MEET THE13
PERFORMANCE GOALS ESTABLISHED PURSUANT TO THE ORGANIZATION 'S14
APPROVED PLAN AND SHALL NOT REDUCE OR CEASE COLLECTION ,15
EDUCATION AND OUTREACH , OR OTHER ACTIVITIES IMPLEMENTED UNDER16
AN APPROVED PLAN BASED ON THE ACHIEVEMENT OF PERFORMANCE17
GOALS.18
25-17-1007. Collection of charges - reimbursement of19
collection sites and electronic waste recyclers. (1) (a) A
BATTERY20
STEWARDSHIP ORGANIZATION IMPLEMENTING A BATTERY STEWARDSHIP21
PLAN ON BEHALF OF PRODUCERS SHALL DEVELOP AND ADMINISTER A22
SYSTEM TO COLLECT CHARGES FROM PARTICIPATING PRODUCERS TO23
COVER THE COSTS OF PROGRAM IMPLEMENTATION , INCLUDING:24
(I) C
OVERED BATTERY COLLECTION , SORTATION ,25
TRANSPORTATION, PROCESSING, AND RECYCLING IN A MANNER THAT IS26
SAFE FOR PUBLIC HEALTH AND THE ENVIRONMENT ;27
SB25-163
-19- (II) EDUCATION AND OUTREACH ;1
(III) P
ROGRAM ADMINISTRATION , EVALUATION, AND REPORTING;2
AND3
(IV) P
AYMENT OF ANNUAL FEES TO THE DEPARTMENT PURSUANT4
TO SECTION 25-17-1012 (1).5
(b) A
BATTERY STEWARDSHIP ORGANIZATION IS RESPONSIBLE FOR6
ALL COSTS OF A BATTERY STEWARDSHIP PROGRAM , INCLUDING THE COSTS7
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION.8
(2) (a) A
BATTERY STEWARDSHIP ORGANIZATION SHALL9
REIMBURSE A PARTICIPATING COLLECTION SITE, AS DESCRIBED IN SECTION10
25-17-1008,
FOR:11
(I) D
EMONSTRABLE COSTS INCURRED BY THE COLLECTION SITE AS12
A RESULT OF IMPLEMENTING A BATTERY STEWARDSHIP PROGRAM ,13
INCLUDING ASSOCIATED LABOR COSTS AND OTHER COSTS ASSOCIATED14
WITH ACCESSIBILITY AND COLLECTION SITE STANDARDS SUCH AS15
STORAGE; AND16
(II) C
OSTS OF AGREED-UPON EDUCATION AND OUTREACH .17
(b) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , A LOCAL18
GOVERNMENT IS NOT REQUIRED TO SERVE AS A COLLECTION SITE19
PURSUANT TO THIS PART 10.20
(c) A
BATTERY STEWARDSHIP ORGANIZATION SHALL , AT A21
MINIMUM, PROVIDE COLLECTION SITES WITH APPROPRIATE CONTAINERS22
FOR COVERED BATTERIES SUBJECT TO ITS PROGRAM AS WELL AS TRAINING ,23
SIGNAGE, SAFETY GUIDANCE, AND EDUCATIONAL MATERIALS AT NO COST24
TO THE COLLECTION SITES.25
(3) A
BATTERY STEWARDSHIP ORGANIZATION SHALL REIMBURSE26
ELECTRONIC WASTE RECYCLERS FOR THE COSTS TO REMOVE AND RECYCLE27
SB25-163
-20- COVERED BATTERIES FROM BATTERY -CONTAINING PRODUCTS.1
25-17-1008. Collection site requirements - statewide collection2
opportunities - minimum amount of collection sites. (1) (a) A3
BATTERY STEWARDSHIP ORGANIZATION IMPLEMENTING A BATTERY4
STEWARDSHIP PLAN SHALL PROVIDE THE COLLECTION OF COVERED5
BATTERIES, INCLUDING ALL TYPES AND BRANDS OF COVERED BATTERIES ,6
ON A FREE, CONTINUOUS, CONVENIENT, VISIBLE, AND ACCESSIBLE BASIS TO7
ANY PERSON.8
(b) E
XCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, A9
BATTERY STEWARDSHIP PLAN MUST ARRANGE FOR THE COLLECTION OF10
EACH TYPE AND BRAND OF COVERED BATTERY FROM A PERSON AT A11
COLLECTION SITE IN ACCORDANCE WITH THE STATEWIDE COLLECTION12
OPPORTUNITIES DESCRIBED IN SUBSECTIONS (4)(b) AND (4)(c) OF THIS13
SECTION.14
(2) (a) F
OR EACH COLLECTION SITE USED BY A BATTERY15
STEWARDSHIP PROGRAM , THE BATTERY STEWARDSHIP ORGANIZATION16
IMPLEMENTING THE PROGRAM SHALL :17
(I) P
ROVIDE SUITABLE COLLECTION CONTAINERS FOR COVERED18
BATTERIES SO THAT THE COVERED BATTERIES ARE SEGREGATED FROM19
OTHER SOLID WASTE; OR20
(II) M
AKE MUTUALLY AGREEABLE ALTERNATIVE ARRANGEMENTS21
WITH THE COLLECTION SITE FOR THE COLLECTION OF COVERED BATTERIES22
AT THE COLLECTION SITE.23
(b) T
HE LOCATION OF THE COLLECTION CONTAINERS DESCRIBED IN24
SUBSECTION (2)(a) OF THIS SECTION MUST BE:25
(I) W
ITHIN VIEW OF AN INDIVIDUAL WHO HAS BEEN DESIGNATED26
BY THE ORGANIZATION HOSTING THE COLLECTION SITE AS RESPONSIBLE27
SB25-163
-21- FOR COMPLYING WITH THE SAFE COLLECTION OF BATTERIES ; AND1
(II) A
CCOMPANIED BY SIGNAGE THAT IS MADE AVAILABLE TO THE2
COLLECTION SITE BY THE ORGANIZATION AND THAT INFORMS CONSUMERS3
REGARDING THE END -OF-LIFE MANAGEMENT OPTIONS FOR COVERED4
BATTERIES COLLECTED BY THE COLLECTION SITE .5
(3) (a) M
EDIUM-FORMAT BATTERIES MUST BE COLLECTED AT6
HOUSEHOLD HAZARDOUS WASTE FACILITIES OR OTHER STAFFED7
COLLECTION SITES THAT MEET APPLICABLE FEDERAL , STATE, AND LOCAL8
REGULATORY REQUIREMENTS .9
(b) D
AMAGED OR DEFECTIVE BATTERIES MUST BE COLLECTED AT10
COLLECTION SITES AND EVENTS STAFFED BY INDIVIDUALS TRAINED TO11
HANDLE AND SHIP THOSE BATTERIES .12
(4) (a) (I) A
BATTERY STEWARDSHIP ORGANIZATION13
IMPLEMENTING A BATTERY STEWARDSHIP PLAN SHALL :14
(A) E
NSURE STATEWIDE COLLECTION OPPORTUNITIES FOR ALL15
COVERED BATTERIES IN ACCORDANCE WITH SUBSECTIONS (4)(b) AND16
(4)(c)
OF THIS SECTION; AND17
(B) F
OR THE PURPOSES OF PROVIDING EFFICIENT DELIVERY OF18
SERVICES AND AVOIDING UNNECESSARY DUPLICATION OF EFFORT AND19
EXPENSE, COORDINATE ACTIVITIES WITH OTHER PROGRAM OPERATORS ,20
INCLUDING COVERED BATTERY COLLECTORS , RECYCLING PROGRAMS, AND21
ELECTRONIC WASTE RECYCLERS , WITH REGARD TO THE PROPER22
MANAGEMENT OR RECYCLING OF COLLECTED COVERED BATTERIES .23
(II) A
BATTERY STEWARDSHIP ORGANIZATION SHALL DETERMINE24
STATEWIDE COLLECTION OPPORTUNITIES THROUGH GEOGRAPHIC25
INFORMATION MODELING THAT CONSIDERS PERMANENT COLLECTION26
SITES.27
SB25-163
-22- (III) A BATTERY STEWARDSHIP PROGRAM MAY RELY , IN PART, ON1
COLLECTION EVENTS TO SUPPLEMENT THE COLLECTION SITE CRITERIA2
REQUIRED BY SUBSECTIONS (4)(b) AND (4)(c) OF THIS SECTION. ONLY3
PERMANENT COLLECTION SERVICES SPECIFIED IN SUBSECTIONS (4)(b) AND4
(4)(c)
OF THIS SECTION SATISFY THE REQUIREMENTS OF THIS SUBSECTION5
(4)(a).6
(b) W
ITHIN SIX MONTHS AFTER A BATTERY STEWARDSHIP PLAN IS7
APPROVED PURSUANT TO SECTION 25-17-1005 (1) AND NO LATER THAN8
O
CTOBER 1, 2027, A BATTERY STEWARDSHIP OR GANIZATION SHALL9
PROVIDE STATEWIDE COLLECTION OPPORTUNITIES FOR PORTABLE10
BATTERIES THAT INCLUDE:11
(I) A
T LEAST ONE PERMANENT COLLECTION SITE FOR PORTABLE12
BATTERIES WITHIN A FIFTEEN-MILE RADIUS FOR AT LEAST NINETY -FIVE13
PERCENT OF THE STATE'S RESIDENTS; AND14
(II) A
T LEAST ONE PERMANENT COLLECTION SITE OR A COLLECTION15
SERVICE, OR ONE COLLECTION EVENT PER YEAR, FOR PORTABLE BATTERIES16
IN ADDITION TO THOSE REQUIRED BY SUBSECTION (4)(b)(I) OF THIS17
SECTION FOR EVERY THIRTY THOUSAND RESIDENTS OF A COUNTY .18
(c) (I) W
ITHIN SIX MONTHS AFTER A BATTERY STEWARDSHIP PLAN19
IS APPROVED PURSUANT TO SECTION 25-17-1005 (1) AND NO LATER THAN20
J
ANUARY 1, 2028, A BATTERY STEWARDSHIP ORGANIZATION SHALL21
PROVIDE STATEWIDE COLLECTION OPPORTUNITIES FOR MEDIUM -FORMAT22
BATTERIES THAT INCLUDE:23
(A) A
T LEAST FIFTEEN PERMANENT COLLECTION SITES IN THE24
STATE;25
(B) R
EASONABLE GEOGRAPHIC DISPERSION OF COLLECTION SITES26
THROUGHOUT THE STATE ;27
SB25-163
-23- (C) A PERMANENT COLLECTION SITE IN EACH COUNTY OF AT LEAST1
ONE HUNDRED FIFTY THOUSAND PERSONS , AS DETERMINED BY THE MOST2
RECENT FEDERAL DECENNIAL CENSUS ; AND3
(D) S
ERVICE TO AREAS WITHOUT A PERMANENT COLLECTION SITE .4
(II) A
BATTERY STEWARDSHIP ORGANIZATION SHALL ENSURE THAT5
THERE IS A COLLECTION EVENT FOR MEDIUM -FORMAT BATTERIES,6
INCLUDING DAMAGED OR DEFECTIVE MEDIUM -FORMAT BATTERIES, AT7
LEAST ONCE ANNUALLY IN EACH COUNTY OF THE STATE THAT DOES NOT8
HAVE A PERMANENT COLLECTION SITE .9
(d) T
HE STATEWIDE COLLECTION OPPORTUNITIES SET FORTH IN10
SUBSECTIONS (4)(b) AND (4)(c) OF THIS SECTION MAY BE SATISFIED BY11
THE COLLECTION LOCATIONS PARTICIPATING IN A HOUSEHOLD BATTERY12
RECYCLING PROGRAM SPONSORED BY THE EXECUTIVE DIRECTOR OR A13
LOCAL GOVERNMENT .14
(5) E
ACH COLLECTION SITE MUST MEET APPLICABLE FEDERAL ,15
STATE, AND LOCAL REGULATORY REQUIREMENTS .16
(6) (a) I
F COST-EFFECTIVE, MUTUALLY AGREEABLE , AND17
OTHERWISE PRACTICABLE , A BATTERY STEWARDSHIP ORGANIZATION18
SHALL USE EXISTING PUBLIC AND PRIVATE WASTE COLLECTION SERVICES19
AND FACILITIES IN IMPLEMENTING A BATTERY STEWARDSHIP PROGRAM ,20
INCLUDING COLLECTION SITES THAT ARE ESTABLISHED THROUGH OTHER21
BATTERY COLLECTION SERVICES , TRANSPORTERS, CONSOLIDATORS,22
PROCESSORS, ELECTRONIC WASTE RECYCLERS , AND RETAILERS.23
(b) U
PON THE SUBMISSION OF A REQUEST BY AN ENTITY TO SERVE24
AS A COLLECTION SITE, A BATTERY STEWARDSHIP PROGRAM SHALL USE25
THE ENTITY AS A COLLECTION SITE FOR COVERED BATTERIES FOR UP TO26
THE MINIMUM NUMBER OF COLLECTION SITES REQUIRED FOR COMPLIANCE27
SB25-163
-24- WITH SUBSECTIONS (4)(b) AND (4)(c) OF THIS SECTION IF THE ENTITY1
MEETS THE CRITERIA FOR COLLECTION SITES IN THE APPROVED PLAN .2
(c) A
BATTERY STEWARDSHIP PROGRAM MAY USE ADDITIONAL3
COLLECTION SITES IN EXCESS OF THE MINIMUM NUMBER OF COLLECTION4
SITES REQUIRED FOR COMPLIANCE WITH SUBSECTIONS (4)(b) AND (4)(c) OF5
THIS SECTION AS MAY BE AGREED BETWEEN THE BATTERY STEWARDSHIP6
ORGANIZATION AND THE APPLICABLE ENTITY .7
(d) A
BATTERY STEWARDSHIP ORGANIZATION MAY ISSUE A8
WARNING TO, SUSPEND, OR TERMINATE A COLLECTION SITE THAT:9
(I) D
OES NOT ADHERE TO THE CRITERIA FOR COLLECTION SITES IN10
THE APPROVED PLAN; OR11
(II) P
OSES AN IMMEDIATE HEALTH AND SAFETY CONCERN .12
25-17-1009. Assessment of battery-containing products13
required. (1) O
N OR BEFORE JULY 1, 2027, A BATTERY STEWARDSHIP14
ORGANIZATION SHALL COMPLETE AN ASSESSMENT OF THE OPPORTUNITIES15
AND CHALLENGES ASSOCIATED WITH THE END -OF-LIFE MANAGEMENT OF16
PORTABLE AND MEDIUM-FORMAT EMBEDDED BATTERIES IN THE STATE . A17
BATTERY STEWARDSHIP ORGANIZATION SHOULD , TO THE EXTENT18
FEASIBLE, EXTRAPOLATE FINDINGS FROM RELATED STUDIES AND APPLY19
THE FINDINGS TO THE ASSESSMENT FOR COLORADO.20
(2) I
N COMPLETING THE ASSESSMENT , A BATTERY STEWARDSHIP21
ORGANIZATION SHALL CONSULT WITH THE DEPARTMENT AND INTERESTED22
STAKEHOLDERS AND MAY COORDINATE WITH OTHER BATTERY23
STEWARDSHIP ORGANIZATIONS .24
(3) A
S PART OF THE ASSESSMENT , A BATTERY STEWARDSHIP25
ORGANIZATION SHALL IDENTIFY ADJUSTMENTS TO THE BATTERY26
STEWARDSHIP PROGRAM REQUIREMENTS ESTABLISHED BY THIS PART 1027
SB25-163
-25- THAT WOULD MAXIMIZE PUBLIC HEALTH , SAFETY, AND ENVIRONMENTAL1
BENEFITS. BASED ON THE ASSESSMENT , A BATTERY STEWARDSHIP2
ORGANIZATION MAY MAKE RECOMMENDATIONS FOR ADDITIONAL POLICIES3
OR PROGRAMS TO ALLOW FOR COLLECTION AND RECYCLING OF EMBEDDED4
BATTERIES.5
(4) T
HE ASSESSMENT MUST CONSIDER :6
(a) T
HE DIFFERENT CATEGORIES AND USES OF7
BATTERY-CONTAINING PRODUCTS;8
(b) M
ETHODS BY WHICH UNWANTED BATTERY -CONTAINING9
PRODUCTS ARE MANAGED IN COLORADO AND OTHER STATES AND UNITED10
S
TATES TERRITORIES;11
(c) C
HALLENGES POSED BY THE POTENTIAL COLLECTION ,12
MANAGEMENT, AND TRANSPORTATION OF BATTERY -CONTAINING13
PRODUCTS, INCLUDING CHALLENGES ASSOCIATED WITH REMOVING14
BATTERIES THAT WERE NOT INTENDED OR DESIGNED TO BE EASILY15
REMOVED FROM PRODUCTS OTHER THAN BY THE MANUFACTURER ;16
(d) W
HICH REQUIREMENTS OF THIS PART 10 MAY APPLY TO17
BATTERY-CONTAINING PRODUCTS IN A MANNER THAT IS IDENTICAL OR18
ANALOGOUS TO THE REQUIREMENTS APPLICABLE TO COVERED BATTERIES ;19
(e) U
NIQUE CHALLENGES BASED ON REGIONAL POPULATION20
DENSITIES OR OTHER GEOGRAPHIC CHARACTERISTICS AND PROPOSED21
SOLUTIONS TO SUCH CHALLENGES THAT ARE RELEVANT TO COLORADO22
REGIONS AND POPULATION DENSITIES ;23
(f) C
OSTS TO SCHOOLS AND SCHOOL DISTRICTS , LOCAL24
GOVERNMENTS, EVENT VENUES, WASTE HAULERS, AND RECYCLERS FOR25
THE COLLECTION OF BATTERY-CONTAINING DEVICES AND MITIGATION OF26
LITTERED DEVICES; AND27
SB25-163
-26- (g) RECYCLABILITY AND THE ENVIRONMENTAL AND PUBLIC1
HEALTH IMPACTS CAUSED BY THE LITTERING , COLLECTING, AND2
RECYCLING OF DIFFERENT TYPES OF BATTERY -CONTAINING PRODUCTS,3
INCLUDING IDENTIFYING WHETHER CERTAIN PRODUCTS INVOLVE GREATER4
BARRIERS TO RECYCLING OR LARGER SAFETY RISKS TO WORKERS OR THE5
PUBLIC.6
(5) T
HE DEPARTMENT SHALL SUBMIT THE ASSESSMENT COMPLETED7
PURSUANT TO THIS SECTION TO THE GENERAL ASSEMBLY ON OR BEFORE8
O
CTOBER 1, 2027.9
25-17-1010. Education and outreach requirements -10
coordination with other battery stewardship organizations - survey11
of public awareness. (1) A
BATTERY STEWARDSHIP ORGANIZATION12
SHALL CARRY OUT PROMOTIONAL ACTIVITIES IN SUPPORT OF THE13
IMPLEMENTATION OF A BATTERY STEWARDSHIP PROGRAM , INCLUDING:14
(a) T
HE DEVELOPMENT AND MAINTENANCE OF A WEBSITE ;15
(b) T
HE DEVELOPMENT AND DISTRIBUTION OF PERIODIC PRESS16
RELEASES AND ARTICLES;17
(c) T
HE DEVELOPMENT AND PLACEMENT OF ADVERTISEMENTS FOR18
USE ON SOCIAL MEDIA OR OTHER RELEVANT MEDIA PLATFORMS ;19
(d) T
HE DEVELOPMENT OF PROMOTIONAL MATERIALS ABOUT THE20
PROGRAM AND THE REQUIREMENTS FOR THE DISPOSAL OF COVERED21
BATTERIES PURSUANT TO SECTION 25-17-1014 TO BE USED BY PERSONS,22
INCLUDING RETAILERS, GOVERNMENT AGENCIES, WASTE AND RECYCLING23
COLLECTORS, AND NONPROFIT ORGANIZATIONS ;24
(e) T
HE DEVELOPMENT AND DISTRIBUTION TO COLLECTION SITES25
OF COLLECTION SITE SAFETY TRAINING PROCEDURES THAT ARE IN26
COMPLIANCE WITH STATE LAW TO HELP ENSURE PROPER MANAGEMENT OF27
SB25-163
-27- COVERED BATTERIES AT COLLECTION SITES ; AND1
(f) T
HE DEVELOPMENT AND IMPLEMENTATION OF OUTREACH AND2
EDUCATIONAL RESOURCES THAT ARE CONCEPTUALLY , LINGUISTICALLY,3
AND CULTURALLY ACCURATE FOR THE COMMUNITIES SERVED AND THAT4
REACH THE STATE'S DIVERSE ETHNIC POPULATIONS, INCLUDING THROUGH5
MEANINGFUL CONSULTATION WITH DISPROPORTIONATELY IMPACTED6
COMMUNITIES.7
(2) A
BATTERY STEWARDSHIP ORGANIZATION SHALL PROVIDE :8
(a) C
ONSUMER-FOCUSED EDUCATIONAL AND PROMOTIONAL9
MATERIALS TO EACH COLLECTION SITE USED BY THE BATTERY10
STEWARDSHIP PROGRAM AND TO RETAILERS THAT SELL COVERED11
BATTERIES OR BATTERY-CONTAINING PRODUCTS;12
(b) S
AFETY INFORMATION RELATED TO COVERED BATTERY13
COLLECTION ACTIVITIES TO THE OPERATOR OF EACH COLLECTION SITE ,14
INCLUDING APPROPRIATE PROTOCOLS TO REDUCE RISKS OF SPILLS OR15
FIRES, RESPONSE PROTOCOLS IN THE EVENT OF A SPILL OR FIRE , AND16
RESPONSE PROTOCOLS IN THE EVENT OF DETECTION OF A DAMAGED OR17
DEFECTIVE BATTERY;18
(c) S
AFETY TRAINING MATERIALS FOR FIREFIGHTERS AND FIRST19
RESPONDERS RELATED TO BATTERY FIRES , RESPONSE PROTOCOLS IN THE20
EVENT OF A BATTERY FIRE, AND PROTOCOLS FOR SAFE MANAGEMENT OF21
DAMAGED OR DEFECTIVE BATTERIES ; AND22
(d) E
DUCATIONAL MATERIALS TO THE OPERATOR OF EACH23
COLLECTION SITE FOR THE MANAGEMENT OF RECALLED BATTERIES , WHICH24
ARE NOT REQUIRED TO BE COLLECTED PURSUANT TO THIS PART 10, TO25
HELP FACILITATE THE TRANSPORTATION AND PROCESSING OF RECALLED26
BATTERIES.27
SB25-163
-28- (3) A BATTERY STEWARDSHIP ORGANIZATION MAY SEEK1
REIMBURSEMENT FROM THE PRODUCER OF A RECALLED BATTERY FOR2
EXPENSES INCURRED IN THE COLLECTION , TRANSPORTATION, AND3
PROCESSING OF THE RECALLED BATTERY .4
(4) U
PON REQUEST BY A RETAILER OR OTHER POTENTIAL5
COLLECTOR, A BATTERY STEWARDSHIP ORGANIZATION SHALL PROVIDE THE6
RETAILER OR OTHER POTENTIAL COLLECTOR EDUCATIONAL MATERIALS7
DESCRIBING COLLECTION OPPORTUNITIES FOR BATTERIES .8
(5) I
F MULTIPLE BATTERY STEWARDSHIP ORGANIZATIONS ARE9
IMPLEMENTING APPROVED PLANS , THE ORGANIZATIONS SHALL10
COORDINATE IN CARRYING OUT THEIR EDUCATION AND OUTREACH11
RESPONSIBILITIES PURSUANT TO THIS SECTION AND SHALL INCLUDE A12
SUMMARY OF THEIR COORDINATED EDUCATION AND OUTREACH EFFORTS13
IN THE ANNUAL REPORTS REQUIRED BY SECTION 25-17-1011.14
(6) D
URING THE FIRST YEAR OF PROGRAM IMPLEMENTATION , AND15
EVERY FIVE YEARS THEREAFTER, A BATTERY STEWARDSHIP ORGANIZATION16
SHALL CARRY OUT, IN COORDINATION WITH THE OTHER APPROVED17
BATTERY STEWARDSHIP ORGANIZATIONS , A SURVEY OF PUBLIC18
AWARENESS REGARDING THE REQUIREMENTS OF THE PROGRAM19
ESTABLISHED PURSUANT TO THIS PART 10. THE BATTERY STEWARDSHIP20
ORGANIZATION SHALL SHARE THE RESULTS OF THE PUBLIC AWARENESS21
SURVEY WITH THE EXECUTIVE DIRECTOR THROUGH THE ANNUAL22
REPORTING PROCESS DESCRIBED IN SECTION 25-17-1011.23
25-17-1011. Annual reporting requirements - proprietary24
information. (1) O
N OR BEFORE JUNE 1, 2028, AND ON OR BEFORE EACH25
J
UNE 1 THEREAFTER, A BATTERY STEWARDSHIP ORGANIZATION SHALL26
SUBMIT AN ANNUAL REPORT TO THE EXECUTIVE DIRECTOR COVERING THE27
SB25-163
-29- PRECEDING CALENDAR YEAR OF BATTERY STEWARDSHIP PLAN1
IMPLEMENTATION. THE REPORT MUST INCLUDE THE FOLLOWING :2
(a) A
N INDEPENDENT THIRD-PARTY FINANCIAL ASSESSMENT OF3
THE PROGRAM IMPLEMENTED BY THE ORGANIZATION , INCLUDING A4
BREAKDOWN OF THE PROGRAM 'S EXPENSES, SUCH AS COLLECTION5
EXPENSES, RECYCLING EXPENSES, EDUCATION AND OUTREACH EXPENSES ,6
AND OVERHEAD EXPENSES ;7
(b) A
SUMMARY FINANCIAL STATEMENT DOCUMENTING THE8
FINANCING OF THE OR GANIZATION 'S PROGRAM AND AN ANALYSIS OF9
PROGRAM COSTS AND EXPENDITURES , INCLUDING AN ANALYSIS OF THE10
PROGRAM'S EXPENSES, SUCH AS COLLECTION , TRANSPORTATION ,11
RECYCLING, EDUCATION, AND ADMINISTRATIVE OVERHEAD . THE12
SUMMARY FINANCIAL STATEMENT MUST BE SUFFICIENTLY DETAILED TO13
SHOW THAT THE CHARGES COLLECTED FROM PRODUCERS AS A RESULT OF14
THE PRODUCERS' ACTIVITIES IN THE STATE ARE SPENT ON PROGRAM15
IMPLEMENTATION IN THE STATE. IF THE ORGANIZATION IS IMPLEMENTING16
SIMILAR PROGRAMS IN MULTIPLE STATES, THE ORGANIZATION MAY SUBMIT17
A FINANCIAL STATEMENT INCLUDING ALL COVERED STATES , AS LONG AS18
THE STATEMENT BREAKS OUT FINANCIAL INFORMATION PERTINENT TO19
C
OLORADO.20
(c) T
HE WEIGHT, BY CHEMISTRY, OF COVERED BATTERIES21
COLLECTED UNDER THE PROGRAM ;22
(d) T
HE WEIGHT OF MATERIALS RECYCLED FROM COVERED23
BATTERIES COLLECTED UNDER THE PROGRAM , IN TOTAL AND BY METHOD24
OF BATTERY RECYCLING;25
(e) A
CALCULATION OF THE RECYCLING EFFICIENCY RATES , AS26
MEASURED IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION;27
SB25-163
-30- (f) A LIST OF ALL FACILITIES USED IN THE PROCESSING AND FINAL1
DISPOSITION OF COVERED BATTERIES , INCLUDING IDENTIFICATION OF A2
FACILITY'S LOCATION AND WHETHER THE FACILITY IS LOCATED3
DOMESTICALLY, IN AN ORGANIZATION FOR ECONOMIC COOPERATION AND4
DEVELOPMENT COUNTRY , OR IN A COUNTRY THAT MEETS ORGANIZATION5
FOR ECONOMIC COOPERATION AND DEVELOPMENT OPERATING6
STANDARDS. FOR DOMESTIC FACILITIES, THE ORGANIZATION SHALL7
PROVIDE A SUMMARY OF THE VIOLATIONS OF ENVIRONMENTAL LAWS AND8
REGULATIONS AT EACH FACILITY OVER THE THREE YEARS IMMEDIATELY9
PRECEDING THE SUBMISSION OF THE ANNUAL REPORT .10
(g) F
OR EACH FACILITY USED IN THE FINAL DISPOSITION OF11
COVERED BATTERIES, A DESCRIPTION OF HOW THE FACILITY RECYCLED OR12
OTHERWISE MANAGED BATTERIES AND BATTERY COMPONENTS ;13
(h) T
HE WEIGHT AND CHEMISTRY OF COVERED BATTERIES SENT TO14
EACH FACILITY USED FOR THE FINAL DISPOSITION OF BATTERIES . THE15
INFORMATION IN THIS SUBSECTION (1)(h) MAY BE APPROXIMATED FOR16
PROGRAM OPERATIONS IN THE STATE BASED ON EXTRAPOLATIONS OF17
NATIONAL OR REGIONAL DATA FOR PROGRAMS IN OPERATION IN MULTIPLE18
STATES.19
(i) T
HE COLLECTION RATE ACHIEVED UNDER THE PROGRAM ,20
INCLUDING A DESCRIPTION OF HOW THIS COLLECTION RATE IS CALCULATED21
AND HOW IT COMPARES TO THE COLLECTION RATE GOALS ESTABLISHED22
PURSUANT TO SECTION 25-17-1006 (1)(a);23
(j) T
HE ESTIMATED AGGREGATE SALES , BY WEIGHT AND24
CHEMISTRY, OF COVERED BATTERIES AND OF BATTERIES CONTAINED IN OR25
WITH BATTERY-CONTAINING PRODUCTS SOLD , OFFERED FOR SALE, OR26
DISTRIBUTED IN OR INTO THE STATE BY PARTICIPATING PRODUCERS FOR27
SB25-163
-31- EACH OF THE THREE YEARS IMMEDIATELY PRECEDING THE SUBMISSION OF1
THE ANNUAL REPORT;2
(k) A
DESCRIPTION OF THE MANNER IN WHICH THE COLLECTED3
COVERED BATTERIES WERE MANAGED AND RECYCLED , INCLUDING A4
DISCUSSION OF BEST AVAILABLE TECHNOLOGIES AND RECYCLING5
EFFICIENCY RATE;6
(l) A
DESCRIPTION OF THE EDUCATION AND OUTREACH EFFORTS7
SUPPORTING PLAN IMPLEMENTATION , INCLUDING:8
(I) A
N EVALUATION OF THE EFFECTIVENESS OF EDUCATION AND9
OUTREACH ACTIVITIES;10
(II) A
SUMMARY OF EDUCATION AND OUTREACH PROVIDED TO11
CONSUMERS, COLLECTION SITES, MANUFACTURERS, DISTRIBUTORS, AND12
RETAILERS BY THE PROGRAM OPERATOR FOR THE PURPOSE OF PROMOTING13
THE COLLECTION AND RECYCLING OF COVERED BATTERIES ;14
(III) A
DESCRIPTION OF HOW THE EDUCATION AND OUTREACH15
EFFORTS MEET THE REQUIREMENTS OF SECTION 25-17-1010;16
(IV) S
AMPLES OF EDUCATION AND OUTREACH MATERIALS ;17
(V) A
SUMMARY OF COORDINATED EDUCATION AND OUTREACH18
EFFORTS WITH ANY OTHER BATTERY STEWARDSHIP ORGANIZATIONS19
IMPLEMENTING AN APPROVED PLAN ; AND20
(VI) A
SUMMARY OF ANY CHANGES MADE TO EDUCATION AND21
OUTREACH ACTIVITIES DURING THE CALENDAR YEAR IMMEDIATELY22
PRECEDING THE SUBMISSION OF THE ANNUAL REPORT ;23
(m) A
LIST OF ALL COLLECTION SITES USED TO IMPLEMENT THE24
PROGRAM, AN ADDRESS FOR EACH COLLECTION SITE, AN UP-TO-DATE MAP25
INDICATING THE LOCATION OF EACH COLLECTION SITE , AND LINKS TO26
APPROPRIATE WEBSITES WHERE THERE ARE EXISTING WEBSITES27
SB25-163
-32- ASSOCIATED WITH A COLLECTION SITE;1
(n) A
DESCRIPTION OF METHODS USED TO COLLECT , TRANSPORT,2
AND RECYCLE COVERED BATTERIES BY THE ORGANIZATION ; AND3
(o) A
SUMMARY OF PROGRESS MADE TOWARD THE PERFORMANCE4
GOALS ESTABLISHED PURSUANT TO SECTION 25-17-1006 AND AN5
EXPLANATION OF WHY PERFORMANCE GOALS WERE NOT MET , IF6
APPLICABLE.7
(2) T
HE WEIGHT OF COVERED BATTERIES OR RECOVERED8
RESOURCES FROM THOSE BATTERIES MUST ONLY BE COUNTED ONCE9
TOWARD AN ORGANIZATION 'S RECYCLING EFFICIENCY RATE AND FOR THE10
PURPOSES OF COLLECTING CHARGES PURSUANT TO SECTION 25-17-100711
(1)(a)
AND MAY NOT BE COUNTED BY MORE T HAN ONE BATTERY12
STEWARDSHIP ORGANIZATION .13
(3) T
HE EXECUTIVE DIRECTOR AND AN ORGANIZATION SHALL KEEP14
PROPRIETARY INFORMATION PROVIDED BY A PRODUCER CONFIDENTIAL .15
25-17-1012. Annual fee - battery stewardship fund -16
responsibilities of the executive director. (1) (a) W
ITHIN TWELVE17
MONTHS AFTER COLLECTING DUES , AND ON OR BEFORE EACH JULY 118
THEREAFTER, A BATTERY STEWARDSHIP ORGANIZATION SHALL PAY TO THE19
DEPARTMENT AN ANNUAL FEE IN THE AMOUNT DESCRIBED IN SUBSECTION20
(1)(b)(I)
OR (1)(b)(II) OF THIS SECTION, AS APPLICABLE. THE STATE21
TREASURER SHALL CREDIT THE ANNUAL FEES TO THE FUND .22
(b) (I) B
Y DECEMBER 31, 2026, THE DEPARTMENT SHALL NOTIFY23
EACH ORGANIZATION OF THE ORGANIZATION 'S PORTION OF THE COSTS IN24
ADMINISTERING, IMPLEMENTING, AND ENFORCING THIS PART 10 AS OF THE25
EFFECTIVE DATE OF THIS PART 10.26
(II) B
Y DECEMBER 31, 2027, AND BY DECEMBER 31 OF EACH YEAR27
SB25-163
-33- THEREAFTER, THE DEPARTMENT SHALL NOTIFY EACH ORGANIZATION OF1
THE ORGANIZATION'S PORTION OF THE COSTS OF ADMINISTERING ,2
IMPLEMENTING, AND ENFORCING THIS PART 10 DURING THE IMMEDIATELY3
PRECEDING YEAR.4
(III) U
PON THE RECEIPT OF THE DEPARTMENT'S COST ACCOUNTING,5
EACH ORGANIZATION SHALL PAY TO THE DEPARTMENT AN ANNUAL FEE IN6
THE AMOUNT REQUESTED PURSUANT TO SUBSECTION (1)(b)(I) OR7
(1)(b)(II)
OF THIS SECTION, AS APPLICABLE.8
(2) (a) T
HE BATTERY STEWARDSHIP FUND IS CREATED IN THE9
STATE TREASURY.10
(b) T
HE FUND CONSISTS OF FEES PAID TO THE DEPARTMENT11
PURSUANT TO SUBSECTION (1) OF THIS SECTION AND ANY OTHER MONEY12
THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE13
FUND.14
(c) T
HE STATE TREASURER SHALL CREDIT ALL INTEREST AND15
INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE16
FUND TO THE FUND.17
(d) S
UBJECT TO ANNUAL APPROPRIATION BY THE GENERAL18
ASSEMBLY, THE DEPARTMENT MAY EXPEND MONEY FROM THE FUND TO19
COVER THE EXECUTIVE DIRECTOR 'S RESPONSIBILITIES IN IMPLEMENTING,20
ADMINISTERING, AND ENFORCING THIS PART 10, WHICH INCLUDE:21
(I) R
EVIEWING SUBMITTED BATTERY STEWARDSHIP PLANS AND22
PLAN AMENDMENTS AND MAKING DETERMINATIONS AS TO WHETHER TO23
APPROVE, DISAPPROVE, OR CONDITIONALLY APPROVE THE PLAN OR PLAN24
AMENDMENT;25
(II) R
EVIEWING ANNUAL REPORTS SUBMITTED PURSUANT TO26
SECTION 25-17-1011 WITHIN NINETY DAYS AFTER SUBMISSION TO ENSURE27
SB25-163
-34- COMPLIANCE WITH SECTION 25-17-1011;1
(III) M
AINTAINING A WEBSITE THAT LISTS PRODUCERS AND THEIR2
BRANDS THAT PARTICIPATE IN THE APPROVED PLAN AND THAT MAKES3
AVAILABLE TO THE PUBLIC EACH PLAN, PLAN AMENDMENT, REVISED PLAN,4
AND ANNUAL REPORT RECEIVED BY THE EXECUTIVE DIRECTOR PURSUANT5
TO THIS PART 10;6
(IV) P
ROVIDING TECHNICAL ASSISTANCE TO PRODUCERS AND7
RETAILERS RELATED TO THE REQUIREMENTS OF THIS PART 10; AND8
(V) E
NFORCING THIS PART 10 PURSUANT TO SECTION 25-17-1015.9
25-17-1013. Marking requirements for batteries - rules.10
(1) E
XCEPT AS OTHERWISE PROVIDED IN RULES ADOPTED BY THE11
COMMISSION PURSUANT TO SUBSECTION (2) OF THIS SECTION, ON AND12
AFTER JANUARY 1, 2027, A PRODUCER OR RETAILER SHALL NOT SELL ,13
OFFER FOR SALE, OR DISTRIBUTE IN OR INTO THE STATE A COVERED14
BATTERY OR BATTERY -CONTAINING PRODUCT UNLESS THE COVERED15
BATTERY IS:16
(a) M
ARKED WITH AN IDENTIFICATION OF THE PRODUCER OF THE17
COVERED BATTERY, UNLESS THE COVERED BATTERY IS LESS THAN18
ONE-HALF INCH IN DIAMETER OR DOES NOT CONTAIN A SURFACE LENGTH19
THAT EXCEEDS ONE-HALF INCH; AND20
(b) M
ARKED WITH PROPER LABELING TO ENSURE PROPER21
COLLECTION AND RECYCLING , BY IDENTIFYING THE CHEMISTRY OF THE22
COVERED BATTERY AND INCLUDING AN INDICATION THAT THE COVERED23
BATTERY SHOULD NOT BE DISPOSED OF AS HOUSEHOLD WASTE .24
(2) T
HE COMMISSION MAY ADOPT RULES ESTABLISHING MARKING25
REQUIREMENTS FOR COVERED BATTERIES OR BATTERY -CONTAINING26
PRODUCTS AS NEEDED TO MAINTAIN CONSISTENCY WITH THE LABELING27
SB25-163
-35- REQUIREMENTS OR VOLUNTARY STANDARDS FOR BATTERIES ESTABLISHED1
IN FEDERAL LAW OR THE LAWS OF OTHER STATES .2
25-17-1014. Battery disposal and collection requirements.3
(1) O
N AND AFTER JANUARY 1, 2029, A PERSON SHALL MANAGE4
UNWANTED COVERED BATTERIES THROUGH ONE OF THE FOLLOWING5
OPTIONS:6
(a) D
ELIVERY TO A COLLECTION SITE , EVENT, OR PROGRAM7
ESTABLISHED BY OR INCLUDED IN A BATTERY STEWARDSHIP PROGRAM8
CREATED PURSUANT TO THIS PART 10; OR9
(b) F
OR COVERED BATTERIES THAT ARE HAZAR DOUS WASTE AS10
DEFINED UNDER FEDERAL OR STATE HAZARDOUS OR SOLID WASTE LAWS ,11
MANAGEMENT IN A MANNER CONSISTENT WITH THOSE LAWS .12
(2) O
N AND AFTER JANUARY 1, 2029:13
(a) A
FEE SHALL NOT BE CHARGED WHEN A LOOSE COVERED14
BATTERY IS DELIVERED OR COLLECTED FOR MANAGEMENT . NOTHING IN15
THIS PART 10 PROHIBITS THE CHARGING OF FEES FOR16
BATTERY-CONTAINING PRODUCTS.17
(b) A
PERSON SHALL COLLECT , TRANSPORT, AND PROCESS18
COVERED BATTERIES IN ACCORDANCE WITH THIS PART 10, UNLESS THE19
COVERED BATTERIES ARE HAZARDOUS WASTE AS DEFINED UNDER FEDERAL20
OR STATE HAZARDOUS OR SOLID WASTE LAWS ;21
(c) A
PERSON SHALL NOT KNOWINGLY CAUSE OR ALLOW :22
(I) T
HE MIXING OF A COVERED BATTERY WITH RECYCLABLE23
MATERIALS THAT ARE INTENDED FOR PROCESSING AND SORTING AT A24
MATERIALS RECOVERY FACILITY ;25
(II) T
HE MIXING OF A COVERED BATTERY WITH MUNICIPAL WASTE26
THAT IS INTENDED FOR DISPOSAL AT A SANITARY LANDFILL ;27
SB25-163
-36- (III) THE DISPOSAL OF A COVERED BATTERY IN A SANITARY1
LANDFILL;2
(IV) T
HE MIXING OF A COVERED BATTERY WITH WASTE THAT IS3
INTENDED FOR BURNING OR INCINERATION ; OR4
(V) T
HE BURNING OR INCINERATION OF A COVERED BATTERY ;5
(d) A
N OWNER OR OPERATOR OF A SOLID WASTE FACILITY DOES6
NOT VIOLATE THIS SECTION IF THE FACILITY HAS POSTED IN A7
CONSPICUOUS LOCATION A SIGN STATING THAT COVERED BATTERIES MUST8
BE MANAGED THROUGH COLLECTION SITES ESTABLISHED BY A BATTERY9
STEWARDSHIP ORGANIZATION AND ARE NOT ACCEPTED FOR DISPOSAL ; AND10
(e) A
SOLID WASTE COLLECTOR DOES NOT VIOLATE THIS SECTION11
FOR A COVERED BATTERY PLACED IN A DISPOSAL CONTAINER BY A THIRD12
PARTY.13
25-17-1015. Civil penalties - enforcement. (1) A
PRODUCER OR14
BATTERY STEWARDSHIP ORGANIZATION THAT VIOLATES THIS PART 10 IS15
LIABLE FOR A CIVIL PENALTY OF SEVEN THOUSAND DOLLARS PER16
VIOLATION; EXCEPT THAT A FAILURE TO PAY A FEE PURSUANT TO SECTION17
25-17-1012
SUBJECTS THE BATTERY STEWARDSHIP ORGANIZATION THAT18
FAILS TO PAY THE FEE TO A CIVIL PENALTY THAT IS DOUBLE THE19
APPLICABLE FEE.20
(2) (a) I
F A PRODUCER OR BATTERY STEWARDSHIP ORGANIZATION21
VIOLATES THIS PART 10, THE EXECUTIVE DIRECTOR SHALL SERVE BY22
PERSONAL SERVICE OR BY CERTIFIED MAIL AN ORDER THAT IMPOSES AN23
ADMINISTRATIVE PENALTY ON THE PRODUCER OR ORGANIZATION .24
(b) A
PRODUCER OR ORGANIZATION MAY SUBMIT A WRITTEN25
REQUEST FOR A HEARING TO THE EXECUTIVE DIRECTOR BY PERSONAL26
SERVICE OR BY CERTIFIED MAIL WITHIN THIRTY -FIVE CALENDAR DAYS27
SB25-163
-37- AFTER THE DATE OF ISSUANCE OF THE ORDER IMPOSING AN1
ADMINISTRATIVE PENALTY . THE COMMISSION SHALL CONDUCT THE2
HEARING IN ACCORDANCE WITH SECTION 24-4-105.3
(c) I
F A REQUEST FOR A HEARING IS FILED, THE REQUIREMENT TO4
PAY A PENALTY IS STAYED PENDING A FINAL DECISION BY THE COMMISSION5
AFTER A HEARING ON THE MERITS . THE EXECUTIVE DIRECTOR IS NOT6
PRECLUDED FROM IMPOSING AN ADMINISTRATIVE PENALTY AGAINST THE7
PRODUCER OR ORGANIZATION FOR SUBSEQUENT VIOLATIONS OF THIS PART8
10
COMMITTED DURING THE PENDENCY OF THE STAY .9
(d) T
HE EXECUTIVE DIRECTOR BEARS THE BURDEN OF PROOF BY A10
PREPONDERANCE OF THE EVIDENCE IN A HEARING HELD PURSUANT TO THIS11
SECTION.12
(3) T
HE EXECUTIVE DIRECTOR MAY ENTER INTO A SETTLEMENT13
AGREEMENT WITH THE PRODUCER OR BA TTERY STEWARDSHIP14
ORGANIZATION ASSESSED A CIVIL PENALTY UNDER THIS SECTION .15
(4) T
HE STATE TREASURER SHALL CREDIT CIVIL PENALTIES16
COLLECTED PURSUANT TO THIS SECTION TO THE COLORADO CIRCULAR17
COMMUNITIES CASH FUND CREATED IN SECTION 25-16.5-109 (4).18
(5) N
OTWITHSTANDING ANY LAW TO THE CONTRARY , NOTHING IN19
THIS PART 10 CREATES A PRIVATE RIGHT OF ACTION.20
25-17-1016. Antitrust. I
F A BATTERY STEWARDSHIP21
ORGANIZATION ENGAGES IN AN ACTIVITY PERFORMED SOLELY IN22
FURTHERANCE OF IMPLEMENTING AN APPROVED PLAN IN COMPLIANCE23
WITH THIS PART 10, THE ACTIVITY IS NOT A VIOLATION OF THE ANTITRUST,24
RESTRAINT OF TRADE, AND UNFAIR TRADE PRACTICES PROVISIONS OF THE25
"U
NFAIR PRACTICES ACT", ARTICLE 2 OF TITLE 6, OR THE "COLORADO26
S
TATE ANTITRUST ACT OF 2023", ARTICLE 4 OF TITLE 6.27
SB25-163
-38- 25-17-1017. Collection of batteries independent of a battery1
stewardship program. (1) N
OTHING IN THIS PART 10 PREVENTS OR2
PROHIBITS A PERSON FROM OFFERING OR PERFORMING A FEE -BASED,3
HOUSEHOLD COLLECTION , OR A MAIL-BACK PROGRAM FOR END -OF-LIFE4
PORTABLE BATTERIES OR MEDIUM-FORMAT BATTERIES INDEPENDENTLY OF5
A BATTERY STEWARDSHIP PROGRAM , PROVIDED THAT THE PERSON MEETS6
THE FOLLOWING REQUIREMENTS :7
(a) T
HE PERSON'S SERVICES SHALL BE PERFORMED , AND THE8
PERSON'S FACILITIES SHALL BE OPERATED , IN COMPLIANCE WITH ALL9
APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REQUIREMENTS ,10
INCLUDING ALL APPLICABLE FEDERAL DEPARTMENT OF TRANSPORTATION11
AND ENVIRONMENTAL PROTECTION AGENCY REGULATIONS ;12
(b) T
HE PERSON SHALL MAKE AVAILABLE ALL BATTERIES13
COLLECTED FROM THE PERSON 'S COLORADO CUSTOMERS TO A BATTERY14
STEWARDSHIP ORGANIZATION ; AND15
(c) A
FTER CONSOLIDATION OF PORTABLE OR MEDIUM -FORMAT16
BATTERIES AT THE PERSON 'S FACILITIES, THE TRANSPORT TO AND17
PROCESSING OF THE BATTERIES BY THE BATTERY STEWARDSHIP18
ORGANIZATION'S DESIGNATED SORTERS OR PROCESSORS IS AT THE19
BATTERY STEWARDSHIP ORGANIZATION 'S EXPENSE.20
25-17-1018. Rules. T
HE COMMISSION MAY ADOPT RULES21
IMPLEMENTING THIS PART 10.22
SECTION 2. Safety clause. The general assembly finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety or for appropriations for25
the support and maintenance of the departments of the state and state26
institutions.27
SB25-163
-39-