(1) On or before June 1, 2029, and on or before each June 1 thereafter, a battery stewardship organization shall submit an annual report to the executive director covering the preceding calendar year of battery stewardship plan implementation. The report must include the following:
(a) An independent third-party financial assessment of the program implemented by the organization, including a breakdown of the program's expenses, such as collection expenses, recycling expenses, education and outreach expenses, and overhead expenses;
(b) A summary financial statement documenting the financing of the organization's program and an analysis of program costs and expenditures, including an analysis of the program's expenses, such as collection, transportation, recycling, education, and administrative overhead. The summary financial statement must be sufficiently detailed to show that the charges collected from producers as a result of the producers' activities in the state are spent on program implementation in the state. If the organization is implementing similar programs in multiple states, the organization may submit a financial statement including all covered states, as long as the statement breaks out financial information pertinent to Colorado.
(c) The weight, by chemistry, of covered batteries collected under the program;
(d) The weight of materials recycled from covered batteries collected under the program, in total and by method of battery recycling;
(e) A calculation of the recycling efficiency rates, as measured in accordance with subsection (2) of this section;
(f) A list of all facilities used in the processing and final disposition of covered batteries, including identification of a facility's location and whether the facility is located domestically, in an organization for economic cooperation and development country, or in a country that meets organization for economic cooperation and development operating standards. For domestic facilities, the organization shall provide a summary of the violations of environmental laws and regulations at each facility over the three years immediately preceding the submission of the annual report.
(g) For each facility used in the final disposition of covered batteries, a description of how the facility recycled or otherwise managed batteries and battery components;
(h) The weight and chemistry of covered batteries sent to each facility used for the final disposition of batteries. The information in this subsection (1)(h) may be approximated for program operations in the state based on extrapolations of national or regional data for programs in operation in multiple states.
(i) The collection rate achieved under the program, including a description of how this collection rate is calculated and how it compares to the collection rate goals established pursuant to section 25-17-1006 (1)(a);
(j) The estimated aggregate sales, by weight and chemistry, of covered batteries and of batteries contained in or with battery-containing products sold, offered for sale, or distributed in or into the state by participating producers for each of the three years immediately preceding the submission of the annual report;
(k) A description of the manner in which the collected covered batteries were managed and recycled, including a discussion of best available technologies and recycling efficiency rate;
(l) A description of the education and outreach efforts supporting plan implementation, including:
(I) An evaluation of the effectiveness of education and outreach activities;
(II) A summary of education and outreach provided to consumers, collection sites, manufacturers, distributors, and retailers by the program operator for the purpose of promoting the collection and recycling of covered batteries;
(III) A description of how the education and outreach efforts meet the requirements of section 25-17-1010;
(IV) Samples of education and outreach materials;
(V) A summary of coordinated education and outreach efforts with any other battery stewardship organizations implementing an approved plan; and
(VI) A summary of any changes made to education and outreach activities during the calendar year immediately preceding the submission of the annual report;
(m) A list of all collection sites used to implement the program, an address for each collection site, an up-to-date map indicating the location of each collection site, and links to appropriate websites where there are existing websites associated with a collection site;
(n) A description of methods used to collect, transport, and recycle covered batteries by the organization; and
(o) A summary of progress made toward the performance goals established pursuant to section 25-17-1006 and an explanation of why performance goals were not met, if applicable.
(2) The weight of covered batteries or recovered resources from those batteries must only be counted once toward an organization's recycling efficiency rate and for the purposes of collecting charges pursuant to section 25-17-1007 (1)(a) and may not be counted by more than one battery stewardship organization.
(3) The executive director and an organization shall keep proprietary information provided by a producer confidential.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2396, � 1, effective August 6.
25-17-1012. Annual fee - battery stewardship fund - responsibilities of the executive director. (1) (a) In addition to the annual fee described in subsection (1)(b) of this section, a battery stewardship organization shall pay a one-time plan review fee, in the amount of fifty thousand dollars, at the time the battery stewardship organization submits a plan to the executive director for approval. If the executive director approves the plan, the battery stewardship organization shall pay an additional administrative fee of eighty-six thousand dollars within three months after the plan is approved. There is no fee when a battery stewardship organization seeks to renew a plan that was previously approved by the executive director or submits a plan amendment.
(b) Within twelve months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization shall pay to the department an annual fee to cover the department's cost of implementing, administering, and enforcing this part 10. The state treasurer shall credit the annual fees to the fund, and the department shall use the fees for costs associated with the administration of this part 10. The commission shall establish the fee amount by rule.
(2) (a) The battery stewardship fund is created in the state treasury.
(b) The fund consists of fees paid to the department pursuant to subsection (1) of this section and any other money that the general assembly may appropriate or transfer to the fund.
(c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money not expended at the end of a state fiscal year remains in the fund and does not revert to the general fund or any other fund.
(d) The department shall use funds collected pursuant to this section to provide direct services to battery stewardship organizations with an approved plan to ensure effective program oversight, compliance support, and public engagement. Such services include:
(I) Reviewing, approving, and providing feedback on battery stewardship plans and plan amendments to ensure compliance with state law and to help organizations meet performance goals efficiently;
(II) Conducting compliance audits, reviewing annual reports submitted pursuant to section 25-17-1011 within ninety days after submission, and offering applicable technical recommendations to improve program effectiveness and transparency;
(III) Providing, upon request, a list of approved battery stewardship organizations, participating producers, and compliant retailers to increase consumer awareness and promote participation in a battery stewardship program;
(IV) Offering technical assistance, including regulatory guidance, best practices for collection site operations, and support for retailers and producers navigating compliance requirements;
(V) Collaborating with approved battery stewardship organizations to address operational challenges, facilitate coordination between producers, recyclers, and local governments, and ensure continuous program improvement; and
(VI) Enforcing this part 10 pursuant to section 25-17-1015, ensuring fair enforcement among participants, and protecting the integrity of battery stewardship programs.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2398, � 1, effective August 6.