As used in this part 10, unless the context otherwise requires:
(1) Approved plan means a battery stewardship plan that has been approved by the executive director pursuant to section 25-17-1005.
(2) Battery-containing product means a product sold, offered for sale, or distributed in or into the state that contains or is packaged with rechargeable or primary batteries that are covered batteries.
(3) Battery stewardship organization or organization means a producer that directly implements a battery stewardship plan in accordance with this part 10 or a nonprofit organization designated by a producer or a group of producers to implement a battery stewardship plan in accordance with this part 10.
(4) Battery stewardship plan or plan means a plan for the collection, transportation, processing, and recycling of covered batteries submitted to the executive director pursuant to section 25-17-1005 (1).
(5) Battery stewardship program or program means a program implemented by a battery stewardship organization in accordance with an approved plan.
(6) Collection rate means a percentage, by weight, of covered batteries that a battery stewardship organization collects, which is calculated by dividing the total weight of the covered batteries that the battery stewardship organization collected during the previous calendar year by the average annual weight of covered batteries that were estimated by the organization to have been sold, offered for sale, or distributed in or into the state during the previous three calendar years by producers participating in an approved plan.
(7) Commission means the solid and hazardous waste commission created in section 25-15-302 (1)(a).
(8) (a) Covered battery means a portable battery, a medium-format battery, or any battery sold loose or as an easily removable battery within a battery-containing product or a motorized device.
(b) Covered battery does not include:
(I) A battery contained within a medical device, as defined in 21 U.S.C. sec. 321 (h) as of August 6, 2025;
(II) A battery that contains an electrolyte as a free liquid;
(III) A lead-acid battery weighing more than eleven pounds;
(IV) An embedded battery;
(V) A battery that is damaged, is defective, or has been recalled; or
(VI) A battery, assembled by or for a vehicle manufacturer or franchised dealer, that is designed to power a motor vehicle, a part of a motor vehicle, or a component part of a motor vehicle, including a replacement part for use in a motor vehicle.
(9) Damaged or defective battery means a battery that has been damaged or identified by the manufacturer as being defective for safety reasons and that has the potential of producing a dangerous evolution of heat, fire, or short circuit, as described in 49 CFR 173.185 (f), or as updated by the commission by rule to maintain consistency with federal standards.
(10) Department means the department of public health and environment created in section 25-1-102.
(11) Disproportionately impacted community has the meaning set forth in section 24-4-109 (2)(b)(II).
(12) Easily removable means a battery that is intended or designed by the manufacturer to be removable by the user of the battery with no more than commonly used household tools.
(13) Embedded battery means a battery that is contained in a product and that is not designed to be easily removable.
(14) Executive director means the executive director of the department.
(15) Fund means the battery stewardship fund created in section 25-17-1012 (2)(a).
(16) Household hazardous waste facility means a facility that is subject to federal and state regulations and rules that ensure that the facility is collecting universal waste, including universal waste batteries, in a manner that prevents the harmful impact of improper disposal of the universal waste and pursuant to federal and state regulations and rules governing universal waste handlers.
(17) Local government means a county, city, town, city and county, or special district within the state of Colorado.
(18) Materials recovery facility means a facility that processes materials that are collected for recycling before being conveyed to end-market businesses.
(19) Medium-format battery means the following primary or rechargeable covered batteries:
(a) For primary batteries, a battery weighing at least four and four-tenths pounds and no more than twenty-five pounds; or
(b) For rechargeable batteries, a battery weighing:
(I) More than eleven pounds or having a rating of more than three hundred watt-hours, or both; and
(II) No more than twenty-five pounds and having a rating of no more than two thousand watt-hours.
(20) Portable battery means the following primary or rechargeable covered batteries:
(a) For primary batteries, a battery weighing no more than four and four-tenths pounds; or
(b) For rechargeable batteries, a battery weighing no more than eleven pounds and having a rating of no more than three hundred watt-hours.
(21) Primary battery means a battery that is not capable of being recharged.
(22) (a) Producer means:
(I) For covered batteries sold, offered for sale, or distributed in or into the state:
(A) If the covered battery is sold, offered for sale, or distributed in or into the state under the brand of the battery manufacturer, the producer is the person that manufactures the battery;
(B) If the covered battery is sold, offered for sale, or distributed in or into the state under a retail brand or under a brand owned by a person other than the battery manufacturer, the producer is the brand owner;
(C) If there is no person that subsection (22)(a)(I)(A) or (22)(a)(I)(B) of this section applies to, the producer is the licensee of the brand or trademark under which the covered battery is sold, offered for sale, or distributed in or into the state, regardless of whether the trademark is registered in the state;
(D) If there is no person in the United States that subsection (22)(a)(I)(A), (22)(a)(I)(B), or (22)(a)(I)(C) of this section applies to, the producer is the person that is the importer of record for the covered battery into the United States; and
(E) If there is no person with a commercial presence in the state that subsection (22)(a)(I)(A), (22)(a)(I)(B), (22)(a)(I)(C), or (22)(a)(I)(D) of this section applies to, the producer is the person that first sells, offers for sale, or distributes the covered battery in or into the state; and
(II) For covered battery-containing products sold, offered for sale, or distributed in or into the state:
(A) If the battery-containing product is sold, offered for sale, or distributed in or into the state under the brand of the product manufacturer, the producer is the person that manufactures the battery-containing product;
(B) If the battery-containing product is sold, offered for sale, or distributed in or into the state under a retail brand or under a brand owned by a person other than the product manufacturer, the producer is the brand owner;
(C) If there is no person that subsection (22)(a)(II)(A) or (22)(a)(II)(B) of this section applies to, the producer is the licensee of the brand or trademark under which the battery-containing product is sold, offered for sale, or distributed in or into the state, regardless of whether the trademark is registered in the state;
(D) If there is no person in the United States that subsection (22)(a)(II)(A), (22)(a)(II)(B), or (22)(a)(II)(C) of this section applies to, the producer is the person that is the importer of record for the battery-containing product into the United States; and
(E) If there is no person with a commercial presence in the state that subsection (22)(a)(II)(A), (22)(a)(II)(B), (22)(a)(II)(C), or (22)(a)(II)(D) of this section applies to, the producer is the person that first sells, offers for sale, or distributes the battery-containing product in or into the state.
(b) Producer does not include a person that only manufactures, sells, offers for sale, distributes, or imports in or into the state a battery-containing product if:
(I) The only batteries contained in or supplied with the battery-containing product are supplied by a producer that has joined a battery stewardship organization with an approved plan acknowledging that the producer is the producer for that covered battery pursuant to this part 10; and
(II) The producer provides written certification to both the person described in this subsection (22)(b) and the battery stewardship organization of which the producer is a member.
(c) A person is not the producer of a covered battery or battery-containing product sold, offered for sale, or distributed in or into the state if another party has contractually accepted responsibility as a producer and has joined a battery stewardship organization with an approved plan acknowledging that the other party is the producer for that covered battery or battery-containing product pursuant to this part 10.
(23) Proprietary information has the meaning set forth in section 25-17-703 (34).
(24) Rechargeable battery means a battery that contains one or more voltaic or galvanic cells, which are electrically connected to produce electric energy and designed to be recharged.
(25) Recycling has the meaning set forth in section 25-17-703 (37).
(26) Recycling efficiency rate means the ratio of the weight of components and materials recycled by a battery stewardship organization from covered batteries to the weight of covered batteries as collected by the battery stewardship organization.
(27) Retailer means a person that sells covered batteries or battery-containing products in or into the state, including sales made through an internet transaction, or offers or otherwise makes available covered batteries or battery-containing products to a customer in the state.
(28) Universal waste has the meaning set forth in rules adopted by the commission.
(29) Universal waste battery means a waste battery generated by a nonresidential entity, such as a business, school, or government agency, that is managed as universal waste regulated in accordance with the commission's rules governing standards for universal waste management.
(30) Universal waste handler means the owner or operator of a facility that receives, accumulates, and sends universal waste to another universal waste handler, a destination facility, or a foreign destination in accordance with the commission's rules governing standards for universal waste management.
(31) Written certification means written certification by a producer that:
(a) The producer is a member of a battery stewardship organization; and
(b) A covered battery or battery-containing product is marked in accordance with section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2381, � 1, effective August 6.
25-17-1004. Requirement that producers participate in a battery stewardship plan - retailer requirements - no point-of-sale fees. (1) On and after August 1, 2027:
(a) A producer selling, making available for sale, or distributing covered batteries or battery-containing products in or into the state shall participate in and finance a battery stewardship organization that has submitted a plan pursuant to section 25-17-1005 (1)(a); and
(b) Except as provided in section 25-17-1003 (22)(b) and (22)(c), a producer shall not sell, make available for sale, or distribute covered batteries or battery-containing products in or into the state unless that producer participates in a battery stewardship organization and a battery stewardship plan.
(2) (a) On and after July 1, 2029, a retailer shall not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product in the state unless the producer of the covered battery or battery-containing product is participating in a battery stewardship organization with an approved plan.
(b) A retailer does not violate subsection (2)(a) of this section if the list provided by the executive director in accordance with section 25-17-1012 (2)(d)(III) includes, as of the date a product sold by the retailer is made available for retail sale, the producer or brand of covered battery or battery-containing product as a participant in an approved plan.
(c) (I) A retailer of a covered battery or a battery-containing product is not required to make a retail location available to serve as a collection site for a battery stewardship program.
(II) A retailer that offers a retail location that serves as a collection site must comply with an approved battery stewardship plan and the requirements for collection sites described in section 25-17-1008.
(d) A retailer shall not sell, offer for sale, distribute, or otherwise make available for sale a covered battery or battery-containing product unless the covered battery or battery-containing product is marked in accordance with section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.
(e) (I) A battery stewardship organization shall make information available to a retailer for voluntary use that the retailer may use to inform customers of available end-of-life management options for covered batteries collected by the battery stewardship organization, which information must include in-store signage, written materials, and other promotional materials.
(II) A retailer selling, offering for sale, distributing, or otherwise making available a covered battery or battery-containing product may provide the information described in subsection (2)(e)(I) of this section to customers and the public.
(3) A retailer, producer, or battery stewardship organization shall not charge a point-of-sale fee to consumers to cover the administrative or operational costs of a battery stewardship organization or a battery stewardship program.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2386, � 1, effective August 6.
25-17-1005. Battery stewardship plans - review and approval by the executive director. (1) No later than July 1, 2027, and every five years thereafter, a battery stewardship organization shall submit to the executive director a plan for the collection, transportation, processing, and recycling of covered batteries under a battery stewardship program. The executive director shall review and approve, disapprove, or conditionally approve a plan based on whether the plan:
(a) Lists and provides contact information for each producer, covered battery brand, and battery-containing product brand covered by the plan, including identifying producers that have contractually accepted responsibility as a producer in accordance with section 25-17-1003 (22)(c);
(b) Proposes performance goals that are consistent with section 25-17-1006, including establishing performance goals for each of the five calendar years after the plan is submitted to the executive director;
(c) Describes how the organization will make retailers aware of the obligation described in section 25-17-1004 (2)(a) to sell only covered batteries and battery-containing products of producers participating in an approved plan;
(d) Describes the education and communications strategy being implemented pursuant to section 25-17-1010 to promote participation in the approved plan and to provide the information necessary for effective participation of consumers, retailers, and others;
(e) Describes how the organization will make signage, written materials, and other promotional materials available to collection sites so that collection sites may use the materials to inform consumers of available end-of-life management options for covered batteries collected by the organization;
(f) Lists promotional activities to be undertaken by the organization, including the identification of consumer awareness goals and strategies that the organization will employ to achieve these goals when the program is implemented;
(g) Includes collection site safety training procedures related to covered battery collection activities at collection sites, including a description of operating protocols to reduce the risk of a spill or fire, response protocols in the event of a spill or fire, and protocols for safe management of damaged or defective batteries that are returned to collection sites;
(h) Describes the method to establish and administer a means for fully funding the program in a manner that equitably distributes the program's costs among the producers participating in the organization, including a description of the charges collected from producers pursuant to section 25-17-1007 (1). If a producer chooses to directly implement a plan individually without designating a nonprofit organization, the plan must describe the proposed method to establish and administer a means for fully funding the program.
(i) Describes how the program will collect all covered types and brands of covered batteries on a free, continuous, convenient, visible, and accessible basis, and in accordance with section 25-17-1008, including a description of how the statewide collection opportunities described in section 25-17-1008 (4)(b) and (4)(c) will be met and a list of the names and addresses of collection sites participating in the program;
(j) Describes how the program will work with materials recovery facilities and secondary processors to properly process and transport for recycling any covered batteries improperly sent to the facilities through the waste or recycling streams;
(k) Provides an explanation for any delay anticipated by the organization for the implementation of the management of medium-format batteries such that the implementation will not begin within six months after the plan is approved, including a delay in the ability to collect, package, transport, or process medium-format batteries in accordance with this part 10, and establishes an expected date of compliance for the management of medium-format batteries that is no later than January 1, 2029, if a delay occurs;
(l) Describes the criteria to be used by the program to determine whether an entity may serve as a collection site for covered batteries under the program;
(m) Identifies proposed service providers, such as sorters, transporters, and processors, to be used by the program for the final disposition of covered batteries and proposed provisions for record keeping, tracking, and documenting the fate of collected covered batteries;
(n) Details how the program will achieve a recycling efficiency rate of at least sixty percent for rechargeable batteries and at least seventy percent for primary batteries;
(o) Proposes goals for increasing public awareness of the program and describes how the public education and outreach components of the program required by section 25-17-1010 will be implemented; and
(p) If the performance goals described in section 25-17-1006, and as approved in the battery stewardship plan, have not been met, includes corrective measures to be implemented by the organization to meet its performance goals, which may include improvements to the collection site network or increased expenditures dedicated to education and outreach.
(2) A battery stewardship organization must provide plan amendments to the executive director for approval when proposing changes to the performance goals described in section 25-17-1006 based on the experience of the program, including the experience of the program during the six months before the submission of the amendments, or when there is a change to the method of financing the program pursuant to section 25-17-1007 (1).
(3) (a) The executive director shall review battery stewardship plans and plan amendments for compliance with this part 10 and shall approve, disapprove, or conditionally approve a plan or a plan amendment within one hundred twenty days after receipt of the plan or plan amendment; except that, if multiple plans are submitted, the review timeline is extended by sixty days.
(b) If the executive director disapproves a battery stewardship plan or plan amendment, the executive director shall provide a written notice of disapproval explaining how the plan or plan amendment does not comply with this part 10. The battery stewardship organization shall submit to the executive director a revised plan, plan amendment, or notice of plan withdrawal within sixty days after the date that the written notice of disapproval is issued. The executive director shall review a revised plan or plan amendment within ninety days after the organization submits the revised plan, plan amendment, or notice of plan withdrawal.
(c) If a revised plan is disapproved by the executive director, a producer operating under the plan is not in compliance with this part 10 until the executive director approves a plan submitted by an organization that covers the producer or the producer's battery brand or battery-containing product brand.
(d) If a plan, plan amendment, or revised plan is submitted to the executive director pursuant to this section, the executive director shall make the plan, plan amendment, or revised plan available for public review and comment for at least thirty days.
(e) A battery stewardship organization shall provide written notification to the executive director within thirty days after a producer begins to participate or ceases to participate in the organization or after the adding or removing of a processor or transporter.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2387, � 1, effective August 6.