ColoradoSB26-0032026 Regular SessionSenate

End-of-Life Management of Electric Vehicle Batteries

Sponsored By: Katie Wallace (Democratic), Kyle Brown (Democratic), Lisa Cutter (Democratic), Rebekah Stewart (Democratic)

Signed by Governor

Natural Resources & Environment

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 3 benefits, 1 costs, 7 mixed.

Drivers get access to battery health

Providers must make battery health information available for model year 2028 and later vehicles. Drivers can access it through the vehicle display or a nonproprietary diagnostic scan tool. For hybrids, access through the scan tool meets the requirement. Providers do not have to offer this information for batteries removed from a vehicle.

Battery recycling gets mineral recovery standards

By 2031, battery recyclers must recover at least 90% of cobalt, 90% of nickel, and 50% of lithium. By 2035, lithium recovery must reach 80%, while cobalt and nickel remain at 90%. These are yearly averages at each facility. Recyclers must compare minerals entering the process with minerals recovered, using continuous or representative sampling that follows accepted industry standards. Annual reporting tracks recovery by mineral and recovered-material form; proprietary data remain confidential, while combined nonproprietary data are public.

Battery buyers get clearer safety labels

Beginning October 1, 2028, providers cannot sell or distribute propulsion batteries in Colorado without visible, accessible, durable labels. Labels must identify the provider, manufacture date, chemistry, capacity or energy, hazardous substances, safety and recall details, and safe disposal information. A QR code can link to the required details, and labels must remain usable throughout expected conditions. Remanufacturers selling batteries in Colorado and businesses repurposing batteries in Colorado must label their own brands. Remanufacturers must update changed chemistry or composition information; replacement labels beside old labels must mark the old ones obsolete.

Battery providers pay startup fees

Provider startup fees use their share of Colorado's registered propulsion-battery vehicles as of April 26, 2026. Payments are due July 1, 2027, July 1, 2028, and July 1, 2029. Providers above 5% pay $8,300, $8,050, and $8,050—a $24,400 total. Providers above 2% through 5% pay $5,000, $4,700, and $4,700—a $14,400 total; those above 0.2% through 2% pay $2,000, $1,400, and $1,400—a $4,800 total. Providers at 0.2% or less owe no startup fee, and updating registration information already submitted does not trigger another fee.

Battery owners face disposal rules, exemptions

Beginning October 1, 2028, you cannot take a propulsion battery to a solid waste disposal facility for disposal. If you are responsible for a battery and have no other assigned role under this program, you must arrange responsible management. You must work with a handler, provider, remanufacturer, repurposer, or recycler. A vehicle containing a propulsion battery first sold in Colorado is exempt from these program requirements when retired outside Colorado.

Battery handlers face new safety duties

Beginning October 1, 2028, secondary handlers must prioritize reuse before recycling and notify the responsible company when batteries become unwanted. They must keep sale or transfer records for three years, maintain shipping documents, and meet applicable hazardous-material shipping training requirements. Handlers must record and share available battery health and charge information and obtain relevant safety training. Undamaged batteries need covered storage protected from precipitation and extreme temperatures; damaged or unstable batteries need isolation from flammable materials. Waste disposal facilities are exempt from the specified recordkeeping, battery-status, storage, and safety-training duties; batteries legally classed as hazardous waste must still follow applicable waste laws.

Battery sellers must explain safe collection

Providers or provider groups must submit education and outreach plans by April 1, 2028. Plans must explain public education, handler outreach, collection eligibility, provider contacts, and access to emergency response guides. Providers must maintain websites or similar sources in English and Spanish. At least one source must link to emergency guides, handler contacts, and instructions for submitting collection eligibility information. Beginning October 1, 2028, providers cannot sell, offer for sale, or distribute propulsion batteries in Colorado without submitting a plan.

Battery businesses enter Colorado stewardship program

Providers of batteries that power electric, plug-in hybrid, and hybrid vehicles must register with Colorado by July 1, 2027. Registration includes business and contact details and whether the provider plans outreach alone or with a group. Stewardship plans are due April 1, 2028, and every five years afterward. Beginning August 1, 2028, providers selling batteries or vehicles into Colorado must participate in and fund an approved stewardship organization. Secondary handlers, remanufacturers, and repurposers can register at any time, but their registration is optional and has no registration fee.

Battery businesses face capped annual fees

Beginning July 1, 2030, registered providers pay annual fees for state program administration and enforcement. The Commission must set fee rules by July 1, 2029, considering provider market share and unwanted batteries collected. Combined provider and secondary-handler fees must cover annual program costs but cannot exceed $90,000 per year. No provider can be required to pay more than 10% of total annual fees. A handler whose annual report shows collection requests for 10 or more unwanted batteries owes a $1,000 charge, credited against providers' annual fees.

Battery companies must fund unwanted-battery pickup

Beginning October 1, 2028, providers and responsible remanufacturers must fully fund collection of eligible unwanted batteries offered by secondary handlers. Pickup is due within 60 days after handler notice, or 30 days after notice from a waste disposal facility. Handlers can agree to longer deadlines; unexpected events beyond the company's control can delay the 60-day deadline. Provider exceptions include remanufactured batteries; other exceptions cover repurposed batteries, separated modules or cells, insurer-owned or controlled vehicles or products, and contractual assignments of responsibility. Remanufacturers must also responsibly manage batteries they disassemble or rebuild that are not sold for vehicle use. Repurposers must arrange recycling when batteries they hold can no longer be repurposed, unless a provider or remanufacturer accepts continued responsibility by contract.

Dealers gain fee protection, lose exemption

Providers and remanufacturers cannot charge franchised vehicle dealers fees to recover their costs of following the propulsion-battery program. This protection does not expressly bar passing costs on in other ways. Batteries assembled by or for franchised dealers no longer receive the existing covered-battery exclusion and may face covered-battery rules. The exclusion remains for qualifying batteries assembled by or for vehicle manufacturers, including batteries for vehicle parts and replacements.

Sponsors & Cosponsors

Cosponsors

Andrew Boesenecker
Democratic • House
Elizabeth Velasco
Democratic • House
Karen McCormick
Democratic • House
Lesley Smith
Democratic • House
Mandy Lindsay
Democratic • House
Matthew Martinez
Democratic • House
Naquetta Ricks
Democratic • House
Ryan Gonzalez
Republican • House
Tisha Mauro
Democratic • House
Sen. A. Benavidez
Affiliation unavailable
Cathy Kipp
Democratic • Senate
Dylan Roberts
Democratic • Senate
Iman Jodeh
Democratic • Senate
Judy Amabile
Democratic • Senate
Jeff Bridges
Democratic • Senate
James Coleman
Democratic • Senate
Jessie Danielson
Democratic • Senate
Julie Gonzales
Democratic • Senate
Matt Ball
Democratic • Senate
Mike Weissman
Democratic • Senate
Nick Hinrichsen
Democratic • Senate
Tony Exum
Democratic • Senate
Tom Sullivan
Democratic • Senate
William Lindstedt
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 181 • No: 27

Senate vote • 5/13/2026

House amendments: Repass

Yes: 32 • No: 3

Senate vote • 5/13/2026

House amendments: Concur

Yes: 35 • No: 0

House vote • 5/12/2026

Third reading: Bill

Yes: 49 • No: 16

House vote • 5/9/2026

Refer Senate Bill 26-003 to the Committee of the Whole.

Yes: 10 • No: 1

House vote • 5/7/2026

Refer Senate Bill 26-003, as amended, to the Committee on Appropriations.

Yes: 10 • No: 1

Senate vote • 5/4/2026

Third reading: Bill

Yes: 32 • No: 3

Senate vote • 4/30/2026

Refer Senate Bill 26-003, as amended, to the Committee of the Whole.

Yes: 5 • No: 2

Senate vote • 2/25/2026