(1) A battery stewardship plan must include performance goals that measure, on an annual basis, the achievements of the battery stewardship program, including:
(a) The collection rate for covered batteries by the program, including target collection rates for primary batteries and rechargeable batteries;
(b) The recycling efficiency rate of the program, including target recycling efficiency rates of at least sixty percent for rechargeable batteries and at least seventy percent for primary batteries; and
(c) Public awareness of the program, including goals for public awareness, convenience, and accessibility that meet or exceed the minimum requirements established in section 25-17-1010.
(2) A battery stewardship organization shall meet the performance goals established pursuant to the organization's approved plan and shall not reduce or cease collection, education and outreach, or other activities implemented under an approved plan based on the achievement of performance goals.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2390, � 1, effective August 6.
25-17-1007. Collection of charges - reimbursement of collection sites and electronic waste recyclers. (1) (a) A battery stewardship organization implementing a battery stewardship plan on behalf of producers shall develop and administer a system to collect charges from participating producers to cover the costs of program implementation, including:
(I) Covered battery collection, sortation, transportation, processing, and recycling in a manner that is safe for public health and the environment;
(II) Education and outreach;
(III) Program administration, evaluation, and reporting; and
(IV) Payment of annual fees to the department pursuant to section 25-17-1012 (1).
(b) A battery stewardship organization is responsible for all costs of a battery stewardship program, including the costs described in subsection (1)(a) of this section.
(2) (a) A battery stewardship organization shall reimburse a participating collection site, as described in section 25-17-1008, for:
(I) Demonstrable costs incurred by a local government serving as a collection site, a solid waste facility, or a local government's designated collection site as a result of implementing a battery stewardship program, including associated labor costs and other costs associated with accessibility and collection site standards such as storage; and
(II) Costs of agreed-upon education and outreach.
(b) Notwithstanding any law to the contrary, a local government is not required to serve as a collection site pursuant to this part 10.
(c) A battery stewardship organization shall, at a minimum, provide collection sites with appropriate containers for covered batteries subject to its program as well as training, signage, safety guidance, and educational materials at no cost to the collection sites.
(3) A battery stewardship organization shall reimburse electronic waste recyclers for the costs to remove and recycle covered batteries from battery-containing products.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2390, � 1, effective August 6.
25-17-1008. Collection site requirements - statewide collection opportunities - minimum amount of collection sites. (1) (a) A battery stewardship organization implementing a battery stewardship plan shall provide the collection of covered batteries, including all types and brands of covered batteries, on a free, continuous, convenient, visible, and accessible basis to any person.
(b) Except as provided in subsection (3) of this section, a battery stewardship plan must arrange for the collection of each type and brand of covered battery from a person at a collection site in accordance with the statewide collection opportunities described in subsections (4)(b) and (4)(c) of this section.
(2) (a) For each collection site used by a battery stewardship program, the battery stewardship organization implementing the program shall:
(I) Provide suitable collection containers for covered batteries so that the covered batteries are segregated from other solid waste; or
(II) Make mutually agreeable alternative arrangements with the collection site for the collection of covered batteries at the collection site.
(b) The location of the collection containers described in subsection (2)(a) of this section must be:
(I) Within view of an individual who has been designated by the organization hosting the collection site as responsible for complying with the safe collection of batteries; and
(II) Accompanied by signage that is made available to the collection site by the organization and that informs consumers regarding the end-of-life management options for covered batteries collected by the collection site.
(3) (a) Medium-format batteries must be collected at household hazardous waste facilities or other staffed collection sites or events that meet applicable federal, state, and local regulatory requirements.
(b) Damaged or defective batteries must be collected at collection sites and events staffed by individuals trained to handle and ship those batteries.
(4) (a) (I) A battery stewardship organization implementing a battery stewardship plan shall:
(A) Ensure statewide collection opportunities for all covered batteries in accordance with subsections (4)(b) and (4)(c) of this section; and
(B) For the purposes of providing efficient delivery of services and avoiding unnecessary duplication of effort and expense, coordinate activities with other program operators, including covered battery collectors, recycling programs, and electronic waste recyclers, with regard to the proper management or recycling of collected covered batteries.
(II) A battery stewardship organization shall determine statewide collection opportunities through geographic information modeling that considers permanent collection sites.
(III) A battery stewardship program may rely, in part, on collection events to supplement the collection site criteria required by subsections (4)(b) and (4)(c) of this section. Only permanent collection services specified in subsections (4)(b) and (4)(c) of this section satisfy the requirements of this subsection (4)(a).
(b) Within six months after a battery stewardship plan is approved pursuant to section 25-17-1005 (1) and no later than October 1, 2028, a battery stewardship organization shall provide statewide collection opportunities for portable batteries that include:
(I) At least one permanent collection site for portable batteries within a fifteen-mile radius for at least ninety-five percent of the state's residents; and
(II) At least one permanent collection site or a collection service, or one collection event per year, for portable batteries in addition to those required by subsection (4)(b)(I) of this section for every thirty thousand residents of a county.
(c) (I) Within six months after a battery stewardship plan is approved pursuant to section 25-17-1005 (1) and no later than January 1, 2029, a battery stewardship organization shall provide statewide collection opportunities for medium-format batteries that include:
(A) At least fifteen permanent collection sites in the state;
(B) Reasonable geographic dispersion of collection sites throughout the state;
(C) A permanent collection site in each county of at least one hundred fifty thousand persons, as determined by the most recent federal decennial census; and
(D) Service to areas without a permanent collection site.
(II) A battery stewardship organization shall ensure that there is a collection event for medium-format batteries, including damaged or defective medium-format batteries, at least once annually in each county of the state that does not have a permanent collection site.
(d) The statewide collection opportunities set forth in subsections (4)(b) and (4)(c) of this section may be satisfied by the collection locations participating in a household battery recycling program sponsored by the executive director or a local government.
(5) Each collection site must meet applicable federal, state, and local regulatory requirements.
(6) (a) If cost-effective, mutually agreeable, and otherwise practicable, a battery stewardship organization shall use existing public and private waste collection services and facilities in implementing a battery stewardship program, including collection sites that are established through other battery collection services, transporters, consolidators, processors, electronic waste recyclers, and retailers.
(b) Upon the submission of a request by an entity to serve as a collection site, a battery stewardship program shall use the entity as a collection site for covered batteries for up to the minimum number of collection sites required for compliance with subsections (4)(b) and (4)(c) of this section if the entity meets the criteria for collection sites in the approved plan.
(c) A battery stewardship program may use additional collection sites in excess of the minimum number of collection sites required for compliance with subsections (4)(b) and (4)(c) of this section as may be agreed between the battery stewardship organization and the applicable entity.
(d) (I) The department may issue a warning to, suspend, or terminate a collection site that:
(A) Does not adhere to the criteria for collection sites in the approved plan; or
(B) Poses an immediate health and safety concern.
(II) A battery stewardship organization shall report a noncompliant site to the department for review and potential enforcement action. The battery stewardship organization shall suspend services to the site at the time the battery stewardship organization reports the site to the department and until the site comes into compliance.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2391, � 1, effective August 6.