ColoradoSB25-1632025 Regular SessionSenateWALLET

Battery Stewardship Programs

Sponsored By: Kyle Brown (Democratic), Lisa Cutter (Democratic), Matt Ball (Democratic), Rebekah Stewart (Democratic)

Signed by Governor

Natural Resources & Environment

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Bill Overview

Analyzed Economic Effects

12 provisions identified: 4 benefits, 0 costs, 8 mixed.

Free battery collection reaches across Colorado

Stewardship organizations must provide free, ongoing, visible, and accessible collection for anyone. Within six months after plan approval, and no later than October 1, 2028, portable-battery sites must serve statewide needs. At least 95% of residents must have a permanent site within 15 miles, plus another site, service, or annual event per 30,000 county residents. Medium-format collection must start within six months after approval, no later than January 1, 2029, with at least 15 well-spread permanent sites. Each county with at least 150,000 residents needs a permanent medium-format site; counties without one need service and an annual event.

Battery sellers face new participation rules

Beginning August 1, 2027, producers must join and fund a stewardship organization with a submitted plan to sell covered products. Responsibility can transfer by contract to another party participating under an approved plan. Product-only businesses can qualify for exclusion when the battery producer accepts responsibility under an approved plan and certifies it in writing. Beginning July 1, 2029, retailers can sell covered products only from producers participating under approved plans. Retailers can rely on the state's participation list when offering products; producers with rejected revised plans remain out of compliance until covered by an approved plan.

Battery labels explain chemistry and disposal

Beginning January 1, 2028, covered batteries generally must show the producer, battery chemistry, and a warning against household-waste disposal. Batteries under one-half inch in diameter, or with no surface length over one-half inch, are exempt; commission rules can change markings. Retailers cannot sell covered batteries or battery-containing products without required markings. Organizations must provide education and safety materials to sites, retailers, firefighters, first responders, and potential collectors who request them. Outreach must fit local languages and cultures, include meaningful consultation with disproportionately affected communities, and be coordinated across multiple approved plans.

Battery programs must meet recycling goals

Organizations must submit plans by July 1, 2027, and every five years, listing covered producers, brands, funding, service providers, and battery tracking. Plans must provide free, ongoing collection for all covered battery types and brands, plus safety, education, and retailer information. Recycling efficiency must reach at least 60% for rechargeable batteries and 70% for primary batteries, with yearly goals and corrective steps. Plans delaying medium-format service beyond six months after approval must explain why and give a start date by January 1, 2029. Meeting goals does not allow service or outreach cuts, and batteries or recovered materials cannot count twice toward recycling rates or charges.

Battery producers gain limited legal protections

The state's executive director and stewardship organizations must keep producers' proprietary business information confidential. Activities carried out solely to implement an approved plan receive protection from specified Colorado competition and unfair-trade laws. That protection applies only when the activities also comply with the battery stewardship law.

Free battery collection, paid service options

Retailers, producers, and stewardship organizations cannot charge consumers a checkout fee to run the battery program. Beginning January 1, 2030, the law bars fees for delivering or collecting loose covered batteries for management. That ban does not cover battery-containing products, and the law separately allows independent paid home-collection and mail-back services. Independent services must follow applicable laws and make Colorado batteries available to a stewardship organization. After consolidation, the organization pays for transport to its designated sorters or processors and for processing.

Which batteries qualify for Colorado collection

The law covers portable and medium-format batteries, including loose batteries and batteries that are easy to remove. It excludes embedded batteries, medical-device batteries, and batteries with free-liquid electrolyte. Lead-acid batteries over 11 pounds and specified motor-vehicle batteries are also excluded. These limits determine which batteries qualify for the stewardship program.

State can enforce battery program rules

Colorado's health department can order compliance with battery stewardship rules and ask the attorney general to seek court orders or penalties. Enforcement generally must begin within two years after discovery or five years after the violation, whichever comes first. Intentional concealment pauses that time limit.

Unwanted batteries require separate collection

Beginning January 1, 2030, people must manage unwanted covered batteries through stewardship collection sites, events, or programs. Knowingly mixing them with regular recycling, landfill waste, or waste for burning is banned, as is landfilling or burning them. Hazardous-waste batteries must follow applicable hazardous- or solid-waste laws instead. Disposal facilities avoid a violation by posting a clear sign rejecting covered batteries and directing people to stewardship sites. Waste collectors are not liable under this section for batteries third parties put in disposal containers.

Battery handlers face stricter safety rules

Medium-format batteries require staffed hazardous-waste facilities or other qualifying staffed sites or events; damaged or defective batteries require trained handling and shipping staff. Organizations must accept qualifying sites that request participation until minimum statewide coverage is met. They must report noncompliant sites and suspend service until compliance; the state can warn, suspend, or remove unsafe or noncompliant sites. Beginning January 1, 2030, covered-battery collectors, transporters, and processors must follow the stewardship law. Hazardous-waste batteries remain subject to applicable hazardous- or solid-waste rules instead.

Producers fund battery collection and oversight

Stewardship organizations must fairly divide all program costs among participating producers, including collection, recycling, outreach, administration, and state fees. Organizations pay a one-time $50,000 review fee and, after approval, $30,000 within three months and $80,000 within 12 months. Later annual fees are set by rule and due July 1; approved-plan renewals and amendments have no fee. Fees support a dedicated state fund for oversight, audits, technical help, public engagement, and enforcement; unused balances stay in the fund. Organizations can also seek repayment from recalled-battery producers for collection, transport, and processing expenses.

Volunteer battery sites get costs repaid

Retailers and local governments do not have to host battery collection sites. Retailers that volunteer must follow an approved plan and collection-site rules. Stewardship organizations must repay participating sites for proven program costs, including local-government labor, access, storage, and agreed outreach costs. Sites receive containers, training, signs, safety guidance, and educational materials at no cost. Electronic-waste recyclers also receive repayment for removing and recycling covered batteries from products.

Sponsors & Cosponsors

Cosponsors

Amy Paschal
Democratic • House
Alex Valdez
Democratic • House
Eliza Hamrick
Democratic • House
Emily Sirota
Democratic • House
Javier Mabrey
Democratic • House
Karen McCormick
Democratic • House
Katie Stewart
Democratic • House
Lesley Smith
Democratic • House
Meg Froelich
Democratic • House
Mandy Lindsay
Democratic • House
Manny Rutinel
Democratic • House
Rep. S. Bird
Affiliation unavailable
Steven Woodrow
Democratic • House
William Lindstedt
Democratic • Senate
Cathy Kipp
Democratic • Senate
Dafna Michaelson Jenet
Democratic • Senate
Dylan Roberts
Democratic • Senate
Sen. F. Winter
Affiliation unavailable
Iman Jodeh
Democratic • Senate
Judy Amabile
Democratic • Senate
Jessie Danielson
Democratic • Senate
Katie Wallace
Democratic • Senate
Lindsey Daugherty
Democratic • Senate
Mike Weissman
Democratic • Senate
Nick Hinrichsen
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 146 • No: 58

House vote • 5/6/2025

Third reading: Bill

Yes: 44 • No: 21

Senate vote • 5/6/2025

House amendments: Concur

Yes: 32 • No: 3

Senate vote • 5/6/2025

House amendments: Repass

Yes: 23 • No: 12

House vote • 5/5/2025

Refer Senate Bill 25-163 to the Committee of the Whole.

Yes: 6 • No: 4

House vote • 5/1/2025

Refer Senate Bill 25-163, as amended, to the Committee on Appropriations.

Yes: 9 • No: 2

Senate vote • 4/29/2025

Third reading: Bill

Yes: 21 • No: 11

Senate vote • 4/25/2025

Refer Senate Bill 25-163, as amended, to the Committee of the Whole.

Yes: 4 • No: 3

Senate vote • 2/26/2025