If a battery stewardship organization engages in an activity performed solely in furtherance of implementing an approved plan in compliance with this part 10, the activity is not a violation of the antitrust, restraint of trade, and unfair trade practices provisions of the Unfair Practices Act, article 2 of title 6, or the Colorado State Antitrust Act of 2023, article 4 of title 6.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2401, � 1, effective August 6.
25-17-1017. Collection of batteries independent of a battery stewardship program. (1) Nothing in this part 10 prevents or prohibits a person from offering or performing a fee-based, household collection, or a mail-back program for end-of-life portable batteries or medium-format batteries independently of a battery stewardship program, provided that the person meets the following requirements:
(a) The person's services shall be performed, and the person's facilities shall be operated, in compliance with all applicable federal, state, and local laws and requirements, including all applicable federal department of transportation and environmental protection agency regulations;
(b) The person shall make available all batteries collected from the person's Colorado customers to a battery stewardship organization; and
(c) After consolidation of portable or medium-format batteries at the person's facilities, the transport to and processing of the batteries by the battery stewardship organization's designated sorters or processors is at the battery stewardship organization's expense.
Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2401, � 1, effective August 6.