End-of-Life Management of Electric Vehicle Batteries

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
CORRECTED INTRODUCED

LLS NO. 26-0139.01 Clare Haffner x6137 SENATE BILL 26-003
Senate Committees House Committees
Transportation & Energy
A BILL FOR AN ACT
CONCERNING EXPANDING THE SCOPE OF THE "BATTERY STEWARDSHIP101
ACT" TO COVER THE END-OF-LIFE MANAGEMENT OF ELECTRIC102
VEHICLE BATTERIES.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
Senate Bill 25-163 created the "Battery Stewardship Act", which
requires the establishment of battery stewardship organizations
(organizations) and the submittal of battery stewardship plans (plans) to
the executive director of the department of public health and environment
(executive director) for the collection, transportation, processing, and
SENATE SPONSORSHIP
Wallace and 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.
recycling of certain batteries.
The bill expands the scope of the "Battery Stewardship Act" to
cover the end-of-life management of propulsion batteries, which are
batteries that are primarily used to supply power to an electric or hybrid
vehicle, and establishes requirements concerning propulsion batteries that
differ from the requirements for the batteries currently contemplated by
the "Battery Stewardship Act".
No later than April 1, 2028, and every 5 years thereafter, an
organization must submit a plan for the collection, transportation,
processing, reuse, repurposing, and recycling of propulsion batteries as
part of a battery stewardship program. The bill specifies what a plan must
contain to be approved by the executive director. On and after August 1,
2028, a provider of propulsion batteries selling, making available for sale,
or distributing propulsion batteries or vehicles containing a propulsion
battery in or into the state is required to participate in and finance an
organization that has submitted a plan.
An organization implementing a plan on behalf of providers of
propulsion batteries is required to develop a website that includes
educational and promotional materials and safety information related to
battery storage and collection activities and submit annual reports to the
executive director that concern certain information about the preceding
year of plan implementation.
The bill includes requirements for the marking and labeling of
propulsion batteries and requires the solid and hazardous waste
commission to, no later than July 1, 2027, adopt rules establishing a
process for the department of public health and environment to certify an
entity as a qualified propulsion battery recycler.
On and after August 1, 2028, all propulsion batteries in the state
must be managed in accordance with the requirements established by the
bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Short title. The short title of this act is the2
"Promoting Responsible End-of-Life Management of Electric Vehicle3
Batteries Act".4
SECTION 2. In Colorado Revised Statutes, 25-17-1002, amend5
(2); and add (1.5) as follows:6
25-17-1002. Legislative declaration.7
(1.5) THE GENERAL ASSEMBLY FURTHER FINDS THAT:8
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(a) E LECTRIC VEHICLES ARE CRUCIAL TOOLS FOR REDUCING1
GREENHOUSE GAS EMISSIONS , WHICH THE STATE IS REQUIRED TO2
ELIMINATE BY 2050. ELECTRIC VEHICLES ARE ALSO VITAL TO REDUCING3
LOCAL AIR POLLUTION IN AREAS OF THE STATE , SUCH AS THE DENVER4
METRO AND NORTH FRONT RANGE AREA , THAT THE FEDERAL5
ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS BEING IN6
NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY STANDARD. TO7
ACHIEVE EMISSION REDUCTIONS NEEDED TO MEET STATE -MANDATED8
CLIMATE GOALS AND FEDERALLY REQUIRED OZONE LEVELS, MANY MORE9
ELECTRIC VEHICLES WILL NEED TO BE DEPLOYED IN COLORADO.10
(b) AS ELECTRIC VEHICLE SALES IN THE STATE CONTINUE TO GROW,11
SUBSTANTIALLY MORE ELECTRIC VEHICLES WILL BE RETIRED IN THE12
COMING YEARS , AND THEIR BATTERIES , KNOWN AS PROPULSION13
BATTERIES, WILL NEED TO BE HANDLED;14
(c) P ROPULSION BATTERIES OFTEN RETAIN VALUE EVEN AFTER15
THEY CEASE TO POWER THE ORIGINAL VEHICLES AND CAN BE REUSED ,16
REPURPOSED, OR RECYCLED. SECONDARY USE CASES FOR A PROPULSION17
BATTERY IMPROVE THE SUSTAINABILITY PROFILE OF THE ELECTRIC18
VEHICLE INDUSTRY BY EXTENDING THE USEFUL LIFE OF THE CRITICAL19
MINERALS CONTAINED WITHIN EACH PROPULSION BATTERY. SECONDARY20
USES ALSO CREATE LOCAL ECONOMIC OPPORTUNITIES.21
(d) MULTIPLE ANALYSES HAVE ESTABLISHED THAT EXPENSIVE AND22
HAZARDOUS RISKS RESULT FROM THE IMPROPER HANDLING AND DISPOSAL23
OF PROPULSION BATTERIES; AND24
(e) U NWANTED PROPULSION BATTERIES THAT ARE STORED25
IMPROPERLY INSTEAD OF BEING SORTED FOR REUSE, REMANUFACTURING,26
REPURPOSING, OR ULTIMATE RECYCLING AND RECOVERY OF VALUABLE27
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MATERIALS COULD POTENTIALLY REDUCE THE ENVIRONMENTAL BENEFITS1
OF A ROBUST CIRCULAR ECONOMY FOR PROPULSION BATTERIES WHILE2
ALSO INCREASING THE RISK OF BATTERY FIRES . A ROBUST EXTENDED3
PROVIDER RESPONSIBILITY POLICY IS NEEDED TO ENABLE A PROPULSION4
BATTERY CIRCULAR ECONOMY IN THE STATE.5
(2) The general assembly therefore declares that it is in the public6
interest of Colorado to:7
(a) Require producers of batteries AND PROVIDERS OF PROPULSION8
BATTERIES to finance and implement a coordinated, state-approved9
system that increases access to the safe disposal of batteries in Colorado;10
(b) REDUCE THE INHERENT RISK OF FIRE THAT CAN OCCUR WHEN11
PROPULSION BATTERIES ARE IMPROPERLY DISPOSED OF; AND12
(c) E NCOURAGE THE REUSE , REMANUFACTURING , AND13
REPURPOSING OF PROPULSION BATTERIES AND THE ULTIMATE RECYCLING14
OF THE VALUABLE MATERIALS IN A PROPULSION BATTERY THAT CAN BE15
PUT BACK INTO THE SUPPLY CHAIN.16
SECTION 3. In Colorado Revised Statutes, 25-17-1003, amend17
(3), (4), (8)(b)(VI), (25), (26), (28), (29), (30), and (31); and add (1.5),18
(2.5), (13.5), (19.5), (23.3), (23.5), (23.7), (26.3), (26.5), (26.7), (32),19
(33), (34), (35), (36), (37), (38), (39), and (40) as follows:20
25-17-1003. Definitions - rules.21
As used in this part 10, unless the context otherwise requires:22
(1.5) "BATTERY" MEANS A DEVICE CONSISTING OF ONE OR MORE23
ELECTRICALLY CONNECTED ELECTROCHEMICAL CELLS, WHICH DEVICE IS24
DESIGNED TO RECEIVE, STORE, AND DELIVER ELECTRIC ENERGY.25
(2.5) "BATTERY MANAGEMENT HIERARCHY" MEANS THE PROCESS26
OF SECONDARY HANDLERS, SECONDARY USERS, AND PROPULSION BATTERY27
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PROVIDERS FIRST STRIVING TO REUSE, REPURPOSE, OR REMANUFACTURE1
PROPULSION BATTERIES , WHEN DOING SO IS POSSIBLE AND2
COST-EFFECTIVE, BEFORE ENGAGING IN RESPONSIBLE END -OF-LIFE3
MANAGEMENT VIA A QUALIFIED BATTERY RECYCLER.4
(3) "Battery stewardship organization" or "organization" means5
a producer OR PROPULSION BATTERY PROVIDER that directly implements6
a battery stewardship plan in accordance with this part 10 or a nonprofit7
organization designated by a producer or a group of producers, OR BY ONE8
OR MORE PROPULSION BATTERY PROVIDERS , to implement a battery9
stewardship plan in accordance with this part 10.10
(4) "Battery stewardship plan" or "plan" means a plan for:11
(a) The collection, transportation, processing, and recycling of12
covered batteries submitted to the executive director pursuant to section13
25-17-1005 (1); OR14
(b) T HE COLLECTION , TRANSPORTATION , REUSE ,15
REMANUFACTURING, REPURPOSING , AND RECYCLING OF PROPULSION16
BATTERIES SUBMITTED TO THE EXECUTIVE DIRECTOR PURSUANT TO17
SECTION 25-17-1005 (1.5).18
(8) (b) "Covered battery" does not include:19
(VI) A battery, INCLUDING A PROPULSION BATTERY, assembled by20
or for a vehicle manufacturer, or franchised dealer, that is designed to21
power a motor vehicle, a part of a motor vehicle, or a component part of22
a motor vehicle, including a replacement part for use in a motor vehicle.23
(13.5) "E ND OF LIFE " MEANS THE STAGE WHEN A PROPULSION24
BATTERY OR COVERED BATTERY IS RETIRED FROM ITS FIRST APPLICATION.25
(19.5) "ORPHANED BATTERY" MEANS A PROPULSION BATTERY OR26
REPURPOSED BATTERY THAT HAS AN UNIDENTIFIABLE PROPULSION27
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BATTERY PROVIDER OR SECONDARY USER OR A PROPULSION BATTERY1
PROVIDER OR SECONDARY USER THAT NO LONGER EXISTS.2
(23.3) "P ROPULSION BATTERY " MEANS A BATTERY THAT IS3
PRIMARILY USED TO SUPPLY POWER TO PROPEL AN ELECTRIC OR HYBRID4
VEHICLE.5
(23.5) (a) "PROPULSION BATTERY PROVIDER" MEANS:6
(I) A PERSON THAT FIRST SELLS, OFFERS FOR SALE, OR DISTRIBUTES7
A PROPULSION BATTERY OR A VEHICLE CONTAINING A PROPULSION8
BATTERY IN OR INTO THE STATE , INCLUDING VEHICLE MANUFACTURERS9
LICENSED PURSUANT TO APPLICABLE STATE LAWS OR PROPULSION10
BATTERY MANUFACTURERS THAT DISTRIBUTE PROPULSION BATTERIES11
UNDER THEIR OWN NAME OR BRAND;12
(II) IF THERE IS NOT A PERSON THAT SUBSECTION (23.5)(a)(I) OF13
THIS SECTION APPLIES TO , THE OWNER OR LICENSEE OF THE BRAND OR14
TRADEMARK UNDER WHICH THE PROPULSION BATTERY IS SOLD, OFFERED15
FOR SALE , OR DISTRIBUTED IN OR INTO THE STATE . THIS INCLUDES AN16
EXCLUSIVE LICENSEE WITH THE EXCLUSIVE RIGHT TO USE THE BRAND OR17
TRADEMARK IN CONNECTION WITH THE DISTRIBUTION OR SALE OF18
PROPULSION BATTERIES.19
(III) IF THERE IS NOT A PERSON THAT SUBSECTION (23.5)(a)(I) OR20
(23.5)(a)(II) OF THIS SECTION APPLIES TO, THE PERSON THAT IMPORTS THE21
PROPULSION BATTERY INTO THE STATE FOR SALE , DISTRIBUTION , OR22
INSTALLATION; AND23
(IV) I F THERE IS NOT A PERSON THAT SUBSECTION (23.5)(a)(I),24
(23.5)(a)(II), OR (23.5)(a)(III) OF THIS SECTION APPLIES TO , THE25
DISTRIBUTOR, DEALER, OR WHOLESALER THAT SELLS, OFFERS FOR SALE, OR26
DISTRIBUTES THE PROPULSION BATTERY IN OR INTO THE STATE.27
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(b) FOR THE PURPOSES OF THIS SUBSECTION (23.5), THE SALE OF A1
PROPULSION BATTERY OCCURS IN THE STATE IF THE PROPULSION BATTERY,2
OR THE VEHICLE CONTAINING THE PROPULSION BATTERY, IS DELIVERED TO3
A LICENSED DEALER OR DIRECTLY TO A CONSUMER IN THE STATE.4
(23.7) (a) "QUALIFIED BATTERY RECYCLER" MEANS AN ENTITY OR5
FACILITY THAT:6
(I) I S CERTIFIED BY THE DEPARTMENT PURSUANT TO RULES7
ESTABLISHED BY THE COMMISSION IN ACCORDANCE WITH SECTION8
25-17-1018 (1);9
(II) A BIDES BY ALL APPLICABLE FEDERAL , STATE , AND LOCAL10
LAWS; AND11
(III) EXTRACTS AND SEPARATES A COMPOSITION OF COMPONENTS12
FROM AN END -OF-LIFE PROPULSION BATTERY , SUCH AS ALUMINUM ,13
COBALT, COPPER, GRAPHITE, IRON, LITHIUM COMPOUNDS , MANGANESE ,14
AND NICKEL, AND SENDS THE MATERIAL FOR FURTHER PROCESSING OR15
REFINING TO ANOTHER QUALIFIED BATTERY RECYCLER.16
(b) "Q UALIFIED BATTERY RECYCLER " INCLUDES AN ENTITY OR17
FACILITY THAT MEETS THE SPECIFICATIONS OF SUBSECTION (23.7)(a) OF18
THIS SECTION AND RELIES ON A SEPARATE ENTITY OR FACILITY FOR THE19
COLLECTION AND SORTING OF PROPULSION BATTERIES.20
(c) "Q UALIFIED BATTERY RECYCLER " DOES NOT INCLUDE AN21
ENTITY OR FACILITY THAT ONLY ENGAGES IN THE COLLECTION OR22
LOGISTICS OF MOVING MATERIALS FOR RECYCLING.23
(25) (a) "Recycling" has the meaning set forth in section24
25-17-703 (37).25
(b) "RECYCLING" DOES NOT INCLUDE SMELTING.26
(26) "Recycling efficiency rate" means the ratio of the weight of27
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components and materials recycled by a battery stewardship organization1
from covered batteries OR PROPULSION BATTERIES to the weight of2
covered batteries OR PROPULSION BATTERIES, RESPECTIVELY, as collected3
by the battery stewardship organization.4
(26.3) "REMANUFACTURE" MEANS THE PROCESS OF REFURBISHING5
END-OF-LIFE BATTERY PACKS, MODULES, OR CELLS TO FULFILL THE SAME6
USE THAT WAS ORIGINALLY INTENDED FOR THE BATTERY PACKS ,7
MODULES, OR CELLS.8
(26.5) "R EPURPOSE" MEANS THE PROCESS OF MODIFYING A9
PROPULSION BATTERY OR PROPULSION BATTERY PACK, MODULE, OR CELL10
TO STORE AND SUPPLY ELECTRICITY IN A MANNER OTHER THAN THE11
ORIGINAL INTENDED PURPOSE OF THE PROPULSION BATTERY.12
(26.7) "R ESPONSIBLE END -OF-LIFE MANAGEMENT " MEANS13
ENSURING AN END-OF-LIFE PROPULSION BATTERY IS MANAGED PURSUANT14
TO THE BATTERY MANAGEMENT HIERARCHY.15
(28) "Universal waste" has the meaning set forth in rules adopted16
by the commission "REUSE" MEANS THE USE OF A PROPULSION BATTERY17
IN ANOTHER VEHICLE.18
(29) "Universal waste battery" means a waste battery generated by19
a nonresidential entity, such as a business, school, or government agency,20
that is managed as universal waste regulated in accordance with the21
commission's rules governing standards for universal waste management22
"SECONDARY HANDLER " MEANS AN ENTITY OR FACILITY THAT TAKES23
POSSESSION OF A PROPULSION BATTERY TO SORT , REUSE ,24
REMANUFACTURE, OR PREPARE THE PROPULSION BATTERY FOR25
REPURPOSING BY A SECONDARY USER OR FOR RESPONSIBLE END -OF-LIFE26
MANAGEMENT BY A QUALIFIED BATTERY RECYCLER.27
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(30) "Universal waste handler" means the owner or operator of a1
facility that receives, accumulates, and sends universal waste to another2
universal waste handler, a destination facility, or a foreign destination in3
accordance with the commission's rules governing standards for universal4
waste management "S ECONDARY USER " MEANS AN ENTITY THAT5
REPURPOSES A PROPULSION BATTERY FOR FURTHER USE.6
(31) "Written certification" means written certification by a7
producer that:8
(a) The producer is a member of a battery stewardship9
organization; and10
(b) A covered battery or battery-containing product is marked in11
accordance with section 25-17-1013 or the rules adopted in accordance12
with section 25-17-1013 "S MELTING" M E A N S T O M E L T O R F U S E A13
METALLIFEROUS MINERAL, OFTEN WITH AN ACCOMPANYING CHEMICAL14
CHANGE, USUALLY TO SEPARATE THE METAL.15
(32) "SOLID WASTE COLLECTOR" MEANS A PERSON THAT OPERATES16
COLLECTION ROUTES FOR THE REMOVAL OF SOLID WASTE FROM17
RESIDENTIAL, MULTIRESIDENTIAL , COMMERCIAL , OR INDUSTRIAL18
PREMISES.19
(33) "SOLID WASTE DISPOSAL SITE AND FACILITY" HAS THE SAME20
MEANING AS "SOLID WASTES DISPOSAL SITE AND FACILITY" AS DEFINED IN21
SECTION 30-20-101 (8).22
(34) "STATE OF CHARGE" MEANS THE MEASURE OF A PROPULSION23
BATTERY'S REMAINING CAPACITY, EXPRESSED AS A PERCENTAGE OF ITS24
TOTAL CAPACITY.25
(35) "STATE OF HEALTH" MEANS A CALCULATED PARAMETER THAT26
CORRELATES TO USABLE PROPULSION BATTERY ENERGY FOR THE27
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CERTIFIED RANGE VALUE AND IS NORMALIZED FROM ZERO TO ONE1
HUNDRED PERCENT.2
(36) "UNIVERSAL WASTE" HAS THE MEANING SET FORTH IN RULES3
ADOPTED BY THE COMMISSION.4
(37) "U NIVERSAL WASTE BATTERY " MEANS A WASTE BATTERY5
GENERATED BY A NONRESIDENTIAL ENTITY, SUCH AS A BUSINESS, SCHOOL,6
OR GOVERNMENT AGENCY , THAT IS MANAGED AS UNIVERSAL WASTE7
REGULATED IN ACCORDANCE WITH THE COMMISSION'S RULES GOVERNING8
STANDARDS FOR UNIVERSAL WASTE MANAGEMENT.9
(38) "U NIVERSAL WASTE HANDLER " MEANS THE OWNER OR10
OPERATOR OF A FACILITY THAT RECEIVES , ACCUMULATES , AND SENDS11
UNIVERSAL WASTE TO ANOTHER UNIVERSAL WASTE HANDLER , A12
DESTINATION FACILITY, OR A FOREIGN DESTINATION IN ACCORDANCE WITH13
THE COMMISSION'S RULES GOVERNING STANDARDS FOR UNIVERSAL WASTE14
MANAGEMENT.15
(39) "UNWANTED PROPULSION BATTERY" MEANS A PROPULSION16
BATTERY THAT IS NO LONGER WANTED BY THE OWNER AND IS THUS17
REQUIRED TO BE COLLECTED BY A BATTERY STEWARDSHIP ORGANIZATION18
FOR RESPONSIBLE END-OF-LIFE MANAGEMENT.19
(40) "WRITTEN 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
SECTION 4. In Colorado Revised Statutes, 25-17-1004, amend27
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(2)(e)(I) and (3); and add (1.5) as follows:1
25-17-1004. Requirement that producers a nd propulsion2
battery providers participate in a battery stewardship plan - retailer3
and propulsion battery provider requirements - no point-of-sale fees.4
(1.5) ON AND AFTER AUGUST 1, 2028:5
(a) A PROPULSION BATTERY PROVIDER SELLING , MAKING6
AVAILABLE FOR SALE , OR DISTRIBUTING PROPULSION BATTERIES OR7
VEHICLES CONTAINING A PROPULSION BATTERY IN OR INTO THE STATE8
SHALL PARTICIPATE IN AND FINANCE A BATTERY STEWARDSHIP9
ORGANIZATION THAT HAS SUBMITTED A PLAN PURSUANT TO SECTION10
25-17-1005 (1.5); AND11
(b) A PROPULSION BATTERY PROVIDER SHALL NOT SELL , MAKE12
AVAILABLE FOR SALE, OR DISTRIBUTE PROPULSION BATTERIES IN OR INTO13
THE STATE UNLESS THAT PROPULSION BATTERY PROVIDER PARTICIPATES14
IN A BATTERY STEWARDSHIP OR GANIZATION AND A BATTERY15
STEWARDSHIP PLAN.16
(2) (e) (I) (A) A battery stewardship organization IMPLEMENTING17
A BATTERY STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED18
BATTERIES shall make information available to a retailer for voluntary use19
that the retailer may use to inform customers of available end-of-life20
management options for covered batteries collected by the battery21
stewardship organization, which information must include in-store22
signage, written materials, and other promotional materials.23
(B) A BATTERY STEWARDSHIP OR GANIZATION IMPLEMENTING A24
BATTERY STEWARDSHIP PLAN ON BEHALF OF PROPULSION BATTERY25
PROVIDERS SHALL MAKE INFORMATION AVAILABLE TO A PROPULSION26
BATTERY PROVIDER FOR VOLUNTARY USE TO INFORM CUSTOMERS OF27
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AVAILABLE END -OF-LIFE MANAGEMENT OPTIONS FOR PROPULSION1
BATTERIES COLLECTED BY THE BATTERY STEWARDSHIP ORGANIZATION ,2
WHICH INFORMATION MUST INCLUDE IN -STORE SIGNAGE , WRITTEN3
MATERIALS, AND OTHER PROMOTIONAL MATERIALS.4
(3) A retailer, producer, PROPULSION BATTERY PROVIDER , or5
battery stewardship organization shall not charge a point-of-sale fee to6
consumers to cover the administrative or operational costs of a battery7
stewardship organization or a battery stewardship program.8
SECTION 5. In Colorado Revised Statutes, 25-17-1005, amend9
(2), (3)(c), and (3)(e); and add (1.5) as follows:10
25-17-1005. Battery stewardship plans - review and approval11
by the executive director.12
(1.5) N O LATER THAN APRIL 1, 2028, AND EVERY FIVE YEARS13
THEREAFTER, A BATTERY STEWARDSHIP ORGANIZATION SHALL SUBMIT TO14
THE EXECUTIVE DIRECTOR A PLAN FOR THE COLLECTION ,15
TRANSPORTATION, PROCESSING, REUSE, REPURPOSING, AND RECYCLING OF16
PROPULSION BATTERIES UNDER A BATTERY STEWARDSHIP PROGRAM. THE17
EXECUTIVE DIRECTOR SHALL REVIEW AND APPROVE , DISAPPROVE , OR18
CONDITIONALLY APPROVE A PLAN BASED ON WHETHER THE PLAN:19
(a) L ISTS AND PROVIDES CONTACT INFORMATION FOR EACH20
PROPULSION BATTERY PROVIDER COVERED BY THE PLAN;21
(b) I NCLUDES SAFETY TRAINING PROCEDURES RELATED TO22
PROPULSION BATTERY COLLECTION ACTIVITIES, INCLUDING A DESCRIPTION23
OF OPERATING PROTOCOLS TO REDUCE THE RISK OF FIRE , RESPONSE24
PROTOCOLS IN THE EVENT OF A FIRE , AND PROTOCOLS FOR SAFE25
MANAGEMENT OF DAMAGED OR DEFECTIVE PROPULSION BATTERIES THAT26
ARE RETURNED;27
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(c) D ESCRIBES A METHOD TO ESTABLISH AND ADMINISTER A1
MEANS FOR FULLY FUNDING THE PROGRAM IN A MANNER THAT EQUITABLY2
DISTRIBUTES THE PROGRAM 'S COSTS AMONG THE PROPULSION BATTERY3
PROVIDERS PARTICIPATING IN THE ORGANIZATION , INCLUDING A4
DESCRIPTION OF THE CHARGES COLLECTED FROM PROPULSION BATTERY5
PROVIDERS PURSUANT TO SECTION 25-17-1012. IF A PROPULSION BATTERY6
PROVIDER CHOOSES TO DIRECTLY IMPLEMENT A PLAN INDIVIDUALLY7
WITHOUT DESIGNATING A NONPROFIT ORGANIZATION , THE PLAN MUST8
DESCRIBE THE PROPOSED METHOD TO ESTABLISH AND ADMINISTER A9
MEANS FOR FULLY FUNDING THE PROGRAM.10
(d) D ESCRIBES HOW THE PROGRAM WILL COLLECT PROPULSION11
BATTERIES ON A FREE, CONTINUOUS, AND CONVENIENT BASIS;12
(e) IDENTIFIES PROPOSED SERVICE PROVIDERS, SUCH AS SORTERS,13
COLLECTORS, TRANSPORTERS , REFURBISHERS , REPURPOSERS , AND14
QUALIFIED BATTERY RECYCLERS, TO BE USED BY THE PROGRAM FOR THE15
FINAL DISPOSITION OF PROPULSION BATTERIES AND PROPOSED PROVISIONS16
FOR RECORD KEEPING , TRACKING , AND DOCUMENTING THE FATE OF17
COLLECTED PROPULSION BATTERIES; AND18
(f) D ETAILS HOW THE PROGRAM WILL ACHIEVE A RECYCLING19
EFFICIENCY RATE OF AT LEAST SIXTY PERCENT.20
(2) A battery stewardship organization IMPLEMENTING A BATTERY21
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES22
must provide plan amendments to the executive director for approval23
when proposing changes to the performance goals described in section24
25-17-1006 based on the experience of the program, including the25
experience of the program during the six months before the submission26
of the amendments, or when there is a change to the method of financing27
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the program pursuant to section 25-17-1007 (1).1
(3) (c) If a revised plan is disapproved by the executive director,2
a producer OR PROPULSION BATTERY PROVIDER operating under the plan3
is not in compliance with this part 10 until the executive director approves4
a plan submitted by an organization that covers the producer or the5
producer's battery brand or battery-containing product brand OR THE6
PROPULSION BATTERY PROVIDER.7
(e) A battery stewardship organization shall provide written8
notification to the executive director within thirty days after a producer9
OR PROPULSION BATTERY PROVIDER begins to participate or ceases to10
participate in the organization or after the adding or removing of a11
processor or transporter.12
SECTION 6. In Colorado Revised Statutes, 25-17-1006, amend13
(1) introductory portion and (2) as follows:14
25-17-1006. Performance goals.15
(1) A battery stewardship plan FOR COVERED BATTERIES must16
include performance goals that measure, on an annual basis, the17
achievements of the battery stewardship program, including:18
(2) A battery stewardship organization IMPLEMENTING A BATTERY19
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES20
shall meet the performance goals established pursuant to the21
organization's approved plan and shall not reduce or cease collection,22
education and outreach, or other activities implemented under an23
approved plan based on the achievement of performance goals.24
SECTION 7. In Colorado Revised Statutes, 25-17-1007, amend25
(1)(a) introductory portion, (1)(a)(I), (2)(a) introductory portion, (2)(a)(I),26
and (2)(c) as follows:27
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25-17-1007. Collection of charges - reimbursement of1
collection sites and electronic waste recyclers.2
(1) (a) A battery stewardship organization implementing a battery3
stewardship plan on behalf of producers OR PROPULSION BATTERY4
PROVIDERS shall develop and administer a system to collect charges from5
participating producers OR PROPULSION BATTERY PROVIDERS , AS6
APPLICABLE, to cover the costs of program implementation, including:7
(I) Covered battery OR PROPULSION BATTERY collection, sortation,8
transportation, processing, and recycling in a manner that is safe for9
public health and the environment;10
(2) (a) A battery stewardship organization IMPLEMENTING A11
BATTERY STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED12
BATTERIES shall reimburse a participating collection site, as described in13
section 25-17-1008, for:14
(I) Demonstrable costs incurred by a local government serving as15
a collection site, a solid waste DISPOSAL SITE AND facility, or a local16
government's designated collection site as a result of implementing a17
battery stewardship program, including associated labor costs and other18
costs associated with accessibility and collection site standards such as19
storage; and20
(c) A battery stewardship organization IMPLEMENTING A BATTERY21
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES22
shall, at a minimum, provide collection sites with appropriate containers23
for covered batteries subject to its program as well as training, signage,24
safety guidance, and educational materials at no cost to the collection25
sites.26
SECTION 8. In Colorado Revised Statutes, 25-17-1008, amend27
SB26-003-15-
(1), (2)(a) introductory portion, (4)(a)(I) introductory portion, (4)(a)(II),1
and (6)(a); and add (7) as follows:2
25-17-1008. Collection site requirements - statewide collection3
opportunities - minimum amount of collection sites - collection and4
recycling requirements for propulsion batteries.5
(1) (a) A battery stewardship organization implementing a battery6
stewardship plan ON BEHALF OF PRODUCERS OF COVERED BATTERIES shall7
provide the collection of covered batteries, including all types and brands8
of covered batteries, on a free, continuous, convenient, visible, and9
accessible basis to any person.10
(b) Except as provided in subsection (3) of this section, a battery11
stewardship plan FOR COVERED BATTERIES must arrange for the collection12
of each type and brand of covered battery from a person at a collection13
site in accordance with the statewide collection opportunities described14
in subsections (4)(b) and (4)(c) of this section.15
(2) (a) For each collection site used by a battery stewardship16
program FOR COVERED BATTERIES, the battery stewardship organization17
implementing the program shall:18
(4) (a) (I) A battery stewardship organization implementing a19
battery stewardship plan ON BEHALF OF PRODUCERS OF COVERED20
BATTERIES shall:21
(II) A battery stewardship organization IMPLEMENTING A BATTERY22
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES23
shall determine statewide collection opportunities through geographic24
information modeling that considers permanent collection sites.25
(6) (a) If cost-effective, mutually agreeable, and otherwise26
practicable, a battery stewardship organization shall use existing public27
SB26-003-16-
and private waste collection services and facilities in implementing a1
battery stewardship program ON BEHALF OF PRODUCERS OF COVERED2
BATTERIES, including collection sites that are established through other3
battery collection services, transporters, consolidators, processors,4
electronic waste recyclers, and retailers.5
(7) A BATTERY STEWARDSHIP ORGANIZATION IMPLEMENTING A6
BATTERY STEWARDSHIP PLAN ON BEHALF OF PROPULSION BATTERY7
PROVIDERS SHALL:8
(a) UPON RECEIVING NOTIFICATION THAT A PROPULSION BATTERY9
NEEDS COLLECTION, RETRIEVE THE BATTERY AND ENSURE RESPONSIBLE10
END-OF-LIFE MANAGEMENT IN A TIMELY AND SAFE MANNER;11
(b) E NSURE THE RESPONSIBLE END -OF-LIFE MANAGEMENT OF A12
PROPULSION BATTERY THAT IS RETURNED DIRECTLY TO A PROPULSION13
BATTERY PROVIDER IN ACCORDANCE WITH THE BATTERY MANAGEMENT14
HIERARCHY; AND15
(c) COORDINATE WITH QUALIFIED BATTERY RECYCLERS FOR THE16
RESPONSIBLE END-OF-LIFE MANAGEMENT OF PROPULSION BATTERIES TO17
ENSURE COMPLIANCE WITH THIS PART 10.18
SECTION 9. In Colorado Revised Statutes, 25-17-1009, amend19
(1) as follows:20
25-17-1009. Assessment of battery-containing products21
required.22
(1) On or before Decembe r 1, 2028, a batte ry stewardship23
organization IMPLEMENTING A BATTERY STEWARDSHIP PLAN ON BEHALF24
OF PRODUCERS OF COVERED BATTERIES shall complete an assessment of25
the opport unities and challenges associated with the end-of-life26
management of portable and medium-format embedded batteries in the27
SB26-003-17-
state. A battery stewardship organization should, to the extent feasible,1
extrapolate findings from related studies, including those conducted2
within Colorado, and apply the findings to the assessment for Colorado.3
SECTION 10. In Colorado Revised Statutes, 25-17-1010, amend4
(1) introductory portion, (2) introductory portion, (3), (4), and (6); and5
add (7) as follows:6
25-17-1010. Education and outreach requirements -7
coordination with other battery stewardship organizations - survey8
of public awareness.9
(1) A battery stewardship organization IMPLEMENTING A BATTERY10
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES11
shall carry out promotional activities in support of the implementation of12
a battery stewardship program, including:13
(2) A battery stewardship organization IMPLEMENTING A BATTERY14
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES15
shall provide:16
(3) A battery stewardship organization IMPLEMENTING A BATTERY17
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES18
may seek reimbursement from the producer of a recalled battery for19
expenses incurred in the collection, transportation, and processing of the20
recalled battery.21
(4) Upon request by a retailer or other potential collector, a battery22
stewardship organization IMPLEMENTING A BATTERY STEWARDSHIP PLAN23
ON BEHALF OF PRODUCERS OF COVERED BATTERIES shall provide the24
retailer or other potential collector educational materials describing25
collection opportunities for batteries.26
(6) During the first year of program implementation, and every27
SB26-003-18-
five years thereafter, a battery stewardship organization IMPLEMENTING1
A BATTERY STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED2
BATTERIES shall carry out, in coordination with the other approved battery3
stewardship organizations, a survey of public awareness regarding the4
requirements of the program established pursuant to this part 10. The5
battery stewardship organization shall share the results of the public6
awareness survey with the executive director through the annual reporting7
process described in section 25-17-1011.8
(7) A BATTERY STEWARDSHIP ORGANIZATION IMPLEMENTING A9
BATTERY STEWARDSHIP PLAN ON BEHALF OF PROPULSION BATTERY10
PROVIDERS SHALL:11
(a) DEVELOP AND MAINTAIN A WEBSITE; AND12
(b) PROVIDE ON THE WEBSITE:13
(I) EDUCATIONAL AND PROMOTIONAL MATERIALS TO PROPULSION14
BATTERY PROVIDERS , SOLID WASTE COLLECTORS , AND RECYCLING15
COLLECTORS;16
(II) SAFETY INFORMATION RELATED TO BATTERY STORAGE AND17
COLLECTION ACTIVITIES, INCLUDING APPROPRIATE PROTOCOLS TO REDUCE18
RISKS OF FIRES , RESPONSE PROTOCOLS IN THE EVENT OF A FIRE , AND19
RESPONSE PROTOCOLS IN THE EVENT OF DETECTION OF A DAMAGED OR20
DEFECTIVE PROPULSION BATTERY; AND21
(III) SAFETY TRAINING MATERIALS FOR FIREFIGHTERS AND FIRST22
RESPONDERS RELATED TO PROPULSION BATTERY FIRES , RESPONSE23
PROTOCOLS IN THE EVENT OF A PROPULSION BATTERY FIRE , AND24
PROTOCOLS FOR SAFE MANAGEMENT OF DAMAGED OR DEFECTIVE25
PROPULSION BATTERIES.26
SECTION 11. In Colorado Revised Statutes, 25-17-1011, amend27
SB26-003-19-
(1) introductory portion; and add (4), (5), and (6) as follows:1
25-17-1011. Annual reporting requirements - proprietary2
information.3
(1) On or before June 1, 2029, and on or before each June 14
thereafter, a battery stewardship organization IMPLEMENTING A BATTERY5
STEWARDSHIP PLAN ON BEHALF OF PRODUCERS OF COVERED BATTERIES6
shall submit an annual report to the executive director covering the7
preceding calendar year of battery stewardship plan implementation. The8
report must include the following:9
(4) ON OR BEFORE JUNE 1, 2030, AND ON OR BEFORE EACH JUNE 110
THEREAFTER, A BATTERY STEWARDSHIP ORGANIZATION IMPLEMENTING A11
BATTERY STEWARDSHIP PLAN ON BEHALF OF PROPULSION BATTERY12
PROVIDERS SHALL SUBMIT AN ANNUAL REPORT TO THE EXECUTIVE13
DIRECTOR COVERING THE PRECEDING CALENDAR YEAR OF BATTERY14
STEWARDSHIP PLAN IMPLEMENTATION. THE REPORT MUST INCLUDE THE15
FOLLOWING:16
(a) A FINANCIAL ASSESSMENT OF THE PROGRAM IMPLEMENTED BY17
THE ORGANIZATION , INCLUDING A BREAKDOWN OF THE PROGRAM 'S18
EXPENSES, SUCH AS COLLECTION EXPENSES , RECYCLING EXPENSES ,19
EDUCATION AND OUTREACH EXPENSES, AND OVERHEAD EXPENSES;20
(b) A SUMMARY FINANCIAL STATEMENT DOCUMENTING THE21
FINANCING OF THE ORGANIZATION 'S PROGRAM AND AN ANALYSIS OF22
PROGRAM COSTS AND EXPENDITURES , INCLUDING AN ANALYSIS OF THE23
PROGRAM 'S EXPENSES , SUCH AS EXPENSES FOR COLLECTION ,24
TRANSPORTATION, RECYCLING , EDUCATION , AND ADMINISTRATIVE25
OVERHEAD. THE SUMMARY FINANCIAL STATEMENT MUST BE SUFFICIENTLY26
DETAILED TO SHOW THAT THE CHARGES COLLECTED FROM PROPULSION27
SB26-003-20-
BATTERY PROVIDERS AS A RESULT OF THE PROVIDERS' ACTIVITIES IN THE1
STATE ARE SPENT ON PROGRAM IMPLEMENTATION IN THE STATE . IF THE2
ORGANIZATION IS IMPLEMENTING SIMILAR PROGRAMS IN MULTIPLE3
STATES, THE ORGANIZATION MAY SUBMIT A FINANCIAL STATEMENT4
INCLUDING ALL COVERED STATES, AS LONG AS THE STATEMENT BREAKS5
OUT FINANCIAL INFORMATION PERTINENT TO COLORADO.6
(c) T HE WEIGHT , BY CHEMISTRY , OF PROPULSION BATTERIES7
COLLECTED UNDER THE PROGRAM;8
(d) T HE WEIGHT OF MATERIALS RECYCLED FROM PROPULSION9
BATTERIES COLLECTED UNDER THE PROGRAM, IN TOTAL AND BY METHOD10
OF REUSE, REMANUFACTURING, REPURPOSING, AND BATTERY RECYCLING11
AND BY QUALIFIED BATTERY RECYCLER;12
(e) THE RECYCLING EFFICIENCY RATE FOR RECYCLED PROPULSION13
BATTERIES, THE RECOVERY OF MATERIALS FROM RECYCLED PROPULSION14
BATTERIES, AND THE YIELD OF THE FINAL OUTPUT FRACTIONS OF CRITICAL15
MINERALS, INCLUDING LITHIUM, COBALT, NICKEL, AND COPPER, OR OTHER16
RELEVANT METALS, AS APPLICABLE;17
(f) A LIST OF ALL FACILITIES USED IN THE PROCESSING OF18
PROPULSION BATTERIES , INCLUDING IDENTIFICATION OF A FACILITY 'S19
LOCATION AND WHETHER THE FACILITY IS LOCATED DOMESTICALLY;20
(g) F OR EACH FACILITY USED IN THE RESPONSIBLE END -OF-LIFE21
MANAGEMENT OF PROPULSION BATTERIES , A DESCRIPTION OF HOW THE22
FACILITY MANAGED PROPULSION BATTERIES AND PROPULSION BATTERY23
COMPONENTS;24
(h) T HE ESTIMATED AGGREGATE SALES , BY WEIGHT AND25
CHEMISTRY, OF PROPULSION BATTERIES SOLD , OFFERED FOR SALE , OR26
DISTRIBUTED IN OR INTO THE STATE BY PARTICIPATING PROPULSION27
SB26-003-21-
BATTERY PROVIDERS FOR EACH OF THE FIVE YEARS IMMEDIATELY1
PRECEDING THE SUBMISSION OF THE ANNUAL REPORT; AND2
(i) A DESCRIPTION OF THE METHODS USED TO COLLECT ,3
TRANSPORT , AND RECYCLE PROPULSION BATTERIES BY THE4
ORGANIZATION.5
(5) T HE WEIGHT OF PROPULSION BATTERIES OR RECOVERED6
RESOURCES FROM THOSE BATTERIES SHALL BE COUNTED ONLY ONCE7
TOWARD AN ORGANIZATION'S RECYCLING EFFICIENCY RATE AND FOR THE8
PURPOSES OF COLLECTING CHARGES PURSUANT TO SECTION 25-17-10079
(1)(a) AND SHALL NOT BE COUNTED BY MORE THAN ONE BATTERY10
STEWARDSHIP ORGANIZATION.11
(6) T HE EXECUTIVE DIRECTOR AND A BATTERY STEWARDSHIP12
ORGANIZATION SHALL KEEP PROPRIETARY INFORMATION PROVIDED BY A13
PROPULSION BATTERY PROVIDER CONFIDENTIAL AND MAKE AGGREGATED14
INFORMATION AVAILABLE UPON REQUEST.15
SECTION 12. In Colorado Revised Statutes, 25-17-1012, amend16
(2)(d)(III), (2)(d)(IV), and (2)(d)(V) as follows:17
25-17-1012. Annual fee - battery stewardship fund -18
responsibilities of the executive director.19
(2) (d) The department shall use funds collected pursuant to this20
section to provide direct services to battery stewardship organizations21
with an approved plan to ensure effective program oversight, compliance22
support, and public engagement. Such services include:23
(III) Providing, upon request, a list of approved battery24
stewardship organizations, participating producers AND PROPULSION25
BATTERY PROVIDERS , and compliant retailers to increase consumer26
awareness and promote participation in a battery stewardship program;27
SB26-003-22-
(IV) Offering technical assistance, including regulatory guidance,1
best practices for collection site operations, and support for retailers, and2
producers, AND PROPULSION BATTERY PROVIDERS navigating compliance3
requirements;4
(V) Collaborating with approved battery stewardship5
organizations to address operational challenges; facilitate coordination6
between producers, recyclers, PROPULSION BATTERY PROVIDERS, and local7
governments; and ensure continuous program improvement; and8
SECTION 13. In Colorado Revised Statutes, 25-17-1013, add (3)9
as follows:10
25-17-1013. Marking and labeling requirements for batteries11
- rules.12
(3) O N AND AFTER AUGUST 1, 2028, A PROPULSION BATTERY13
PROVIDER SHALL NOT SELL, OFFER FOR SALE, OR DISTRIBUTE IN OR INTO14
THE STATE A PROPULSION BATTERY UNLESS THE PROPULSION BATTERY15
PROVIDER:16
(a) APPLIES A UNIQUE IDENTIFIER AS A PERMANENT LABEL TO THE17
PROPULSION BATTERY THAT IS VISIBLE ONCE THE BATTERY IS REMOVED18
FROM A VEHICLE. THE LABEL MUST INCLUDE THE FOLLOWING:19
(I) A N IDENTIFICATION OF THE CHEMISTRY OF THE PROPULSION20
BATTERY, INCLUDING THE CATHODE TYPE AND ANODE TYPE , IN21
ACCORDANCE WITH SAE INTERNATIONAL'S STANDARD J2984, "CHEMICAL22
IDENTIFICATION OF TRANSPORTATION BATTERIES FOR RECYCLING";23
(II) THE NAME OF THE PROPULSION BATTERY PROVIDER , OR THE24
SECONDARY USER WITH RESPECT TO A REPURPOSED BATTERY ,25
RESPONSIBLE FOR THE PROPULSION BATTERY AND ITS DATE OF26
MANUFACTURE;27
SB26-003-23-
(III) THE MINIMUM VOLTAGE OF THE BATTERY PACK;1
(IV) T HE RATED CAPACITY AS MEASURED BY SAE2
INTERNATIONAL'S STANDARD J2288, "LIFE CYCLE TESTING OF ELECTRIC3
VEHICLE BATTERY MODULES";4
(V) THE NUMBER OF CELLS IN THE PROPULSION BATTERY;5
(VI) A NY HAZARDOUS SUBSTANCES CONTAINED IN THE6
PROPULSION BATTERY;7
(VII) PRODUCT SAFETY AND RECALL INFORMATION;8
(VIII) SAFE DISPOSAL AND BATTERY RETURN INFORMATION; AND9
(IX) A DIGITAL IDENTIFIER THAT IS LINKED TO A DATA10
REPOSITORY. IN LIEU OF A UNIQUE DIGITAL IDENTIFIER OR ENTRY IN THE11
DATA REPOSITORY WEBSITE FOR EACH SEPARATE DATE OF MANUFACTURE12
INCLUDED ON THE LABEL, A PROPULSION BATTERY PROVIDER MAY UTILIZE13
A COMMON DIGITAL IDENTIFIER, LINKED TO A COMMON DATA REPOSITORY14
WEBSITE, COVERING A PERIOD OF TIME REPRESENTING MULTIPLE DATES OF15
MANUFACTURE.16
(b) ENSURES THAT BATTERY STATE OF HEALTH DATA ARE EASILY17
INTERPRETABLE AND ACCESSIBLE TO SECONDARY HANDLERS AND18
SECONDARY USERS WHILE THE PROPULSION BATTERY IS INSIDE A VEHICLE19
AND THAT THE LAST AVAILABLE STATE OF HEALTH AND STATE OF CHARGE20
DATA, AND ANY INSTANCES OF OVERHEATING, OVERCHARGING, OR OTHER21
FAULTS, ARE ACCESSIBLE ONCE THE PROPULSION BATTERY HAS BEEN22
REMOVED FROM THE VEHICLE.23
SECTION 14. In Colorado Revised Statutes, 25-17-1014, amend24
(2)(d); and add (3) and (4) as follows:25
25-17-1014. Battery disposal and collection requirements -26
landfill disposal prohibited.27
SB26-003-24-
(2) On and after January 1, 2030:1
(d) An owner or operator of a solid waste DISPOSAL SITE AND2
facility does not violate this section if the facility has posted in a3
conspicuous location a sign stating that covered batteries must be4
managed through collection sites established by a battery stewardship5
organization and are not accepted for disposal; and6
(3) ON AND AFTER AUGUST 1, 2028, A PERSON SHALL MANAGE AN7
UNWANTED PROPULSION BATTERY BY:8
(a) RETURNING OR DELIVERING THE PROPULSION BATTERY OR THE9
VEHICLE CONTAINING THE PROPULSION BATTERY TO THE PROPULSION10
BATTERY PROVIDER, THE SECONDARY USER, OR A BATTERY STEWARDSHIP11
ORGANIZATION;12
(b) N OTIFYING THE PROPULSION BATTERY PROVIDER , THE13
SECONDARY USER , OR A BATTERY STEWARDSHIP ORGANIZATION AND14
COORDINATING TIMELY AND SAFE PICKUP OF THE PROPULSION BATTERY BY15
THE BATTERY STEWARDSHIP ORGANIZATION; OR16
(c) SELLING OR TRANSFERRING THE PROPULSION BATTERY OR THE17
VEHICLE CONTAINING THE PROPULSION BATTERY TO A SECONDARY18
HANDLER, SECONDARY USER, OR QUALIFIED BATTERY RECYCLER.19
(4) ON AND AFTER AUGUST 1, 2028:20
(a) ALL PROPULSION BATTERIES IN THE STATE MUST BE MANAGED21
RESPONSIBLY AT END OF LIFE IN ACCORDANCE WITH THIS PART 10;22
(b) P ROPULSION BATTERIES THAT ARE HAZARDOUS WASTE AS23
DEFINED UNDER FEDERAL OR STATE HAZARDOUS OR SOLID WASTE LAWS24
MUST BE MANAGED IN A MANNER CONSISTENT WITH THOSE LAWS; AND25
(c) A PERSON SHALL NOT DISPOSE OF A PROPULSION BATTERY BY26
TAKING THE PROPULSION BATTERY TO A LANDFILL.27
SB26-003-25-
SECTION 15. In Colorado Revised Statutes, amend 25-17-10151
as follows:2
25-17-1015. Enforcement - responsibilities of the department3
- study - repeal.4
(1) For violations related to covered batteries and the management5
of universal waste pursuant to this part 10, the enforcement process is6
conducted pursuant to section 25-15-308 and rules adopted by the7
commission in accordance with section 25-15-302.8
(2) TO IMPLEMENT THIS PART 10, THE DEPARTMENT SHALL:9
(a) NOTIFY SECONDARY HANDLERS, SECONDARY USERS, AND SOLID10
WASTE COLLECTORS THAT THE DISPOSAL OF PROPULSION BATTERIES IN11
LANDFILLS IS PROHIBITED AND THAT A BA TTERY STEWARDSHIP12
ORGANIZATION CAN BE CONTACTED TO TAKE RESPONSIBILITY FOR AN13
UNWANTED PROPULSION BATTERY; AND14
(b) DETERMINE HOW TO PROCEED IF THE FEDERAL GOVERNMENT15
ENACTS A LAW OR ADOPTS REGULATIONS PERTAINING TO PROPULSION16
BATTERIES THAT MAY IMPACT THE REQUIREMENTS OF THIS PART 10.17
(3) THE DEPARTMENT SHALL:18
(a) I NCLUDE THE DATA COLLECTED ON PROPULSION BATTERIES19
PURSUANT TO THIS PART 10 WITH THE DATA ON RECYCLING, SOLID WASTE,20
AND SOLID WASTE DIVERSION THAT IS COLLECTED AND REPORTED21
ANNUALLY BY THE DEPARTMENT TO THE STANDING COMMITTEE OF22
REFERENCE IN EACH HOUSE OF THE GENERAL ASSEMBLY EXERCISING23
JURISDICTION OVER MATTERS CONCERNING PUBLIC HEALTH AND THE24
ENVIRONMENT PURSUANT TO SECTION 30-20-122 (1); AND25
(b) A NNUALLY POST ON THE DEPARTMENT 'S PUBLIC WEBSITE26
AGGREGATED DATA ON THE DISPOSITION OF PROPULSION BATTERIES27
SB26-003-26-
REMOVED FROM VEHICLES , INCLUDING DATA ON THE NUMBER OF THE1
REMOVED PROPULSION BATTERIES SOLD OR DISTRIBUTED FOR REUSING ,2
REMANUFACTURING, REPURPOSING , OR RECYCLING . THE DEPARTMENT3
SHALL NOT DISCLOSE PROPRIETARY OR CONFIDENTIAL INFORMATION.4
(4) N OTHING IN THIS PART 10 EXEMPTS A PERSON FROM5
COMPLYING WITH ANY OTHER APPLICABLE LOCAL , STATE , OR FEDERAL6
LAWS OR REGULATORY REQUIREMENTS.7
(5) (a) THE DEPARTMENT SHALL:8
(I) C ONDUCT A STUDY TO D ETERMINE WHETHER THERE IS9
EVIDENCE OF ABANDONMENT OF ORPHANED BATTERIES AND ANALYZE10
TRENDS IN THE PREVALENCE OF ORPHANED BATTERIES; AND11
(II) ON OR BEFORE JANUARY 1, 2031, POST A REPORT INCLUDING12
THE STUDY'S FINDINGS ON THE DEPARTMENT'S PUBLIC WEBSITE.13
(b) T HIS SUBSECTION (5) IS REPEALED , EFFECTIVE JANUARY 1,14
2033.15
SECTION 16. In Colorado Revised Statutes, amend 25-17-101816
as follows:17
25-17-1018. Rules. (1) (a) The commission may adopt rules18
implementing this part 10. N O LATER THAN JULY 1, 2027, THE19
COMMISSION SHALL ADOPT RULES ESTABLISHING A PROCESS FOR THE20
DEPARTMENT TO CERTIFY A QUALIFIED BATTERY RECYCLER , WHICH21
PROCESS MUST INCLUDE:22
(I) A REASONABLE STANDARD OF REVIEW;23
(II) A N APPEALS PROCESS FOR AN APPLICANT DENIED24
CERTIFICATION;25
(III) THE ABILITY FOR AN APPLICANT DENIED CERTIFICATION TO26
CURE IDENTIFIED DEFICIENCIES AND BE REEVALUATED FOR CERTIFICATION;27
SB26-003-27-
(IV) REQUIRING A POTENTIAL QUALIFIED BATTERY RECYCLER TO1
DEMONSTRATE THAT EMPLOYEES UNDERGO MANDATORY SAFETY2
TRAINING TO ENSURE THE PROPER MANAGEMENT AND RECYCLING OF3
PROPULSION BATTERIES. THE DEPARTMENT MAY REQUIRE, DEVELOP, OR4
SELECT APPROPRIATE TRAINING MODULES OR MAY ALLOW A POTENTIAL5
QUALIFIED BATTERY RECYCLER TO SUBMIT ITS OWN SAFETY TRAINING6
PLAN FOR APPROVAL.7
(V) REASSESSMENT AND RECERTIFICATION TIME FRAMES.8
(b) I N ESTABLISHING THE REQUIREMENTS FOR A QUALIFIED9
BATTERY RECYCLER BY RULE, THE COMMISSION SHALL:10
(I) I NCLUDE CRITERIA THAT MINIMIZES THE GENERATION OF11
HAZARDOUS WASTE , GREENHOUSE GAS EMISSIONS , ENVIRONMENTAL12
IMPACTS, ENVIRONMENTAL JUSTICE IMPACTS , AND PUBLIC HEALTH13
IMPACTS;14
(II) INCLUDE CRITERIA THAT MINIMIZE RISKS TO PUBLIC HEALTH15
AND WORKER HEALTH AND SAFETY;16
(III) INCLUDE CRITERIA FOR A RECYCLING EFFICIENCY RATE OF AT17
LEAST SIXTY PERCENT AND DEVELOP MINIMUM MATERIAL -SPECIFIC18
RECOVERY RATE REQUIREMENTS OF KEY ACTIVE MATERIALS USED IN19
PROPULSION BATTERIES , CONSIDERING DEVELOPMENTS IN DOMINANT20
PROPULSION BATTERY TECHNOLOGY AND RECYCLING; AND21
(IV) ESTABLISH REASSESSMENT OF RECYCLING EFFICIENCY RATE22
GUIDANCE AND RECERTIFICATION TIME FRAMES EVERY FIVE YEARS.23
(c) T HE REQUIREMENTS FOR QUALIFIED BATTERY RECYCLERS24
ESTABLISHED BY THE COMMISSION PURSUANT TO THIS SUBSECTION (1) ARE25
IN ADDITION TO , AND DO NOT REPLACE , OTHER STATE PERMITTING26
REQUIREMENTS OR REQUIREMENTS INCLUDED IN THE FEDERAL "RESOURCE27
SB26-003-28-
CONSERVATION AND RECOVERY ACT OF 1976", 42 U.S.C. SEC. 6901 ET1
SEQ.2
(2) I F THE FEDERAL GOVERNMENT ENACTS A LAW OR ADOPTS3
REGULATIONS PERTAINING TO PROPULSION BATTERIES THAT MAY IMPACT4
THE REQUIREMENTS OF THIS PART 10, THE COMMISSION SHALL REVIEW ,5
EVALUATE, AND COMPARE ANY FEDERAL REQUIREMENTS TO RULES6
ADOPTED UNDER THIS PART 10 AND SHALL , IF NECESSARY , REVISE THE7
RULES TO ENSURE COMPLIANCE WITH FEDERAL STANDARDS AND TO8
ACHIEVE GREATER RECYCLING EFFICIENCY AND FEASIBILITY.9
(3) T HE COMMISSION MAY ADOPT RULES IMPLEMENTING ANY10
OTHER PROVISIONS OF THIS PART 10.11
SECTION 17. In Colorado Revised Statutes, add 25-17-1019 and12
25-17-1020 as follows:13
25-17-1019. Responsibilities of secondary handlers and14
secondary users.15
(1) A FTER TAKING POSSESSION OF A PROPULSION BATTERY , A16
SECONDARY HANDLER OR SECONDARY USER SHALL MANAGE THE17
PROPULSION BATTERY IN ACCORDANCE WITH THE BATTERY MANAGEMENT18
HIERARCHY.19
(2) FOR PROPULSION BATTERIES THAT ARE UNABLE TO BE REUSED,20
REPURPOSED, OR REMANUFACTURED , A SECONDARY HANDLER OR21
SECONDARY USER SHALL COORDINATE WITH A QUALIFIED BATTERY22
RECYCLER FOR RESPONSIBLE END-OF-LIFE MANAGEMENT OR CONTACT A23
BATTERY STEWARDSHIP ORGANIZATION TO ENSURE COMPLIANCE WITH24
THIS PART 10.25
(3) (a) A PROPULSION BATTERY PROVIDER CEASES TO BE THE26
RESPONSIBLE ENTITY FOR A PROPULSION BATTERY AFTER A SECONDARY27
SB26-003-29-
USER REPURPOSES THAT PROPULSION BATTERY, UNLESS THE PROPULSION1
BATTERY PROVIDER AGREES TO ACCEPT CONTINUED RESPONSIBILITY FOR2
THE PROPULSION BATTERY BY CONTRACT.3
(b) A SECONDARY USER THAT REPURPOSES A PROPULSION BATTERY4
SHALL, BEFORE SELLING , OFFERING FOR SALE , OR DISTRIBUTING THE5
PROPULSION BATTERY , PROVIDE UPDATED LABELING IDENTIFYING THE6
SECONDARY USER AS THE RESPONSIBLE ENTITY FOR THE MODIFIED7
PROPULSION BATTERY PURSUANT TO SECTION 25-17-1013 (3)(a)(II),8
EXCEPT AS PROVIDED IN SUBSECTION (3)(a) OF THIS SECTION.9
25-17-1020. Applicability. A VEHICLE CONTAINING A PROPULSION10
BATTERY ORIGINALLY SOLD IN THE STATE IS NOT SUBJECT TO THIS PART 1011
WHEN IT IS RETIRED OUT OF STATE.12
SECTION 18. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly (August15
12, 2026, if adjournment sine die is on May 13, 2026); ex cept that, if a16
referendum petition is filed pursuant to section 1 (3) of article V of the17
state constitution against this act or an item, section, or part of this act18
within such period, then the act, item, section, or part will not take effect19
unless approved by the people at the general election to be held in20
November 2026 a nd, in such cas e, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
SB26-003-30-