COSB-25-163Enacted

Battery Stewardship Programs

Jurisdiction:: Colorado
Type:: EPR
Last action:: Jun 4, 2025

Batteries

Next steps for producers

No producer action is triggered yet — track this measure

Applies toFor covered batteries: (1) the battery manufacturer if sold under the manufacturer's brand; (2) the brand owner if sold under a retail or third-party brand; (3) the brand/trademark licensee if no manufacturer or brand…

Obligations under this law

·Finance and implement a coordinated, state-approved battery stewardship program
·Join a battery stewardship organization (BSO) with an approved plan or directly implement a battery stewardship plan
·Participate in a battery stewardship plan covering collection, transportation, processing, and recycling of covered batteries

Program page →

No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Establishes mandatory battery stewardship organization with producer responsibility for collection, transportation, processing, and recycling of batteries with July 1, 2027 implementation deadline.

Covered Products

·Portable primary batteries weighing no more than 4.4 lbs
·Portable rechargeable batteries weighing no more than 11 lbs and rated no more than 300 watt-hours
·Medium-format primary batteries weighing at least 4.4 lbs and no more than 25 lbs
·Medium-format rechargeable batteries weighing more than 11 lbs or rated more than 300 watt-hours (or both), and no more than 25 lbs and no more than 2,000 watt-hours
·Batteries sold loose or as easily removable batteries within a battery-containing product or motorized device
·Battery-containing products sold, offered for sale, or distributed in or into Colorado that contain or are packaged with covered batteries

Producer Obligations

·Finance and implement a coordinated, state-approved battery stewardship program
·Join a battery stewardship organization (BSO) with an approved plan or directly implement a battery stewardship plan
·Participate in a battery stewardship plan covering collection, transportation, processing, and recycling of covered batteries
·Provide written certification to relevant parties when contractually transferring producer responsibility to another party that has joined an approved BSO

Exemptions

·Batteries contained within a medical device as defined in 21 U.S.C. Sec. 321(h) as of the effective date of the act
·Batteries that contain an electrolyte as a free liquid
·Lead-acid batteries weighing more than 11 lbs
·Embedded batteries (batteries not designed to be easily removable by the user)
·Batteries that are damaged, defective, or have been recalled
·Batteries assembled by or for a vehicle manufacturer or franchised dealer designed to power a motor vehicle, part of a motor vehicle, or component part of a motor vehicle (including replacement parts)
·A person that only manufactures, sells, offers for sale, distributes, or imports a battery-containing product where the only batteries in the product are supplied by a producer that has joined an approved BSO acknowledging producer responsibility for that covered battery, and the producer provides written certification to both the person and the BSO

Producer Definition

For covered batteries: (1) the battery manufacturer if sold under the manufacturer's brand; (2) the brand owner if sold under a retail or third-party brand; (3) the brand/trademark licensee if no manufacturer or brand owner applies; (4) the U.S. importer of record if no U.S.-based manufacturer, brand owner, or licensee applies; (5) the first seller/distributor into Colorado if no person with commercial presence in the state applies under prior tiers. Same tiered hierarchy applies for battery-containing products, substituting product manufacturer for battery manufacturer. A person is not a producer if another party has contractually accepted producer responsibility and joined an approved battery stewardship organization acknowledging that responsibility.

Fee Structure

Unknown: A Battery Stewardship Fund is referenced (Section 25-17-1012(2)(a)) but fee structure details are not included in the provided text.

Enforcement

Colorado Department of Public Health and Environment (Executive Director); Solid and Hazardous Waste Commission (rulemaking authority): Not specified in the provided text

Preemption Notes

No explicit preemption of local ordinances stated in the provided text. The bill establishes a state-level program but does not appear to preempt local government battery collection programs; local governments are referenced as existing operators of battery collection events and facilities.

Compliance Dimensions

Collection / Recovery Targetscertain batteries

“a plan must detail how the battery stewardship organization will arrange for the collection of certain batteries by establishing collection sites that are available free of charge to any person.”

Fees50000 USD Flat — One-time plan submittal fee per battery stewardship organization; 86000 USD Flat — Additional fee upon plan approval per battery stewardship organization; Flat — Annual fee set by rule by the solid and hazardous waste commission to cover department implementation, administration, and enforcement costs

“A battery stewardship organization is required to pay a one-time fee of $50,000 at the time of submittal of a plan to the executive director. If the executive director approves the plan, the battery stewardship organization is required to pay an additional fee of $86,000. Within 12 months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization must pay to the department an annual fee to cover the department's cost of implementing, administering, and enforcing the act's requirements. The solid and hazardous waste commission establishes the amount of the annual fee by rule.”

PenaltiesPenalties for non-compliance

“The department will enforce violations of the act's requirements pursuant to the enforcement process for the state hazardous waste management program.”

Bans & RestrictionsRetailers selling batteries or battery-containing products from producers not participating in an approved battery stewardship organization (Sales Ban), 2029; Disposal of certain batteries in a landfill (Material Restriction), 2030; Point-of-sale fees charged to consumers to cover battery stewardship organization costs (Sales Ban)

“On and after July 1, 2029, a retailer is prohibited from selling, offering for sale, distributing, or otherwise making available for sale certain batteries or battery-containing products in the state unless the producer of the batteries or battery-containing products is participating in a battery stewardship organization that has an approved plan. A retailer is prohibited from charging a point-of-sale fee to consumers to cover the costs of a battery stewardship organization. Beginning January 1, 2030, a person is required to manage certain unwanted batteries through delivery to a collection site, program, or event established by the program. A person is prohibited from disposing of certain batteries in a landfill.”

PRO StructureCompetitive Pros · needs-assessment required

“The act requires an organization, defined in the act as a battery stewardship organization, to, no later than July 1, 2027, and every 5 years thereafter, submit to the executive director of the department of public health and environment (executive director) a battery stewardship plan (plan), which is a plan for the collection, transportation, processing, and recycling of certain batteries. On and after August 1, 2027, a producer selling, making available for sale, or distributing certain batteries or battery-containing products in or into the state must participate in and finance a battery stewardship organization that has submitted a plan to the executive director.”

LabelingOther, Disposal Instructions

“On and after January 1, 2028, the act prohibits a producer or retailer from selling, offering for sale, or distributing in or into the state certain batteries unless the batteries are marked with labels that: Identify the producer of the batteries; and Include certain information to ensure the proper collection and recycling of the batteries.”

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Full bill text

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Recent Bill --> Recent Bill (PDF) Recent Fiscal Note (PDF) Bill Summary: The act requires an organization, defined in the act as a battery stewardship organization, to, no later than July 1, 2027, and every 5 years thereafter, submit to the executive director of the department of public health and environment (executive director) a battery stewardship plan (plan), which is a plan for the collection, transportation, processing, and recycling of certain batteries. On and after August 1, 2027, a producer selling, making available for sale, or distributing certain batteries or battery-containing products in or into the state must participate in and finance a battery stewardship organization that has submitted a plan to the executive director. On and after July 1, 2029, a retailer is prohibited from selling, offering for sale, distributing, or otherwise making available for sale certain batteries or battery-containing products in the state unless the producer of the batteries or battery-containing products is participating in a battery stewardship organization that has an approved plan. A retailer is prohibited from charging a point-of-sale fee to consumers to cover the costs of a battery stewardship organization. The act specifies what a plan must contain to be approved by the executive director, including, among other things, contact information for participating producers, performance goals, and methods to promote participation in the plan and increase public awareness of the battery stewardship program (program) that will be implemented by the battery stewardship organization pursuant to the plan. In addition, a plan must detail how the battery stewardship organization will arrange for the collection of certain batteries by establishing collection sites that are available free of charge to any person. A battery stewardship organization implementing an approved plan is required to develop and administer a system to collect charges from participating producers to cover the costs of implementing the program. In addition, a battery stewardship organization, in consultation with the department of public health and environment (department) and interested stakeholders, must complete an assessment of the opportunities and challenges associated with the end-of-life management of certain batteries, which assessment must be submitted by the department to the general assembly on or before March 1, 2028. On or before June 1, 2029, and on or before each June 1 thereafter, a battery stewardship organization with an approved plan must submit an annual report to the executive director, which report must include certain information about the preceding year of plan implementation. The act also requires a battery stewardship organization to carry out promotional activities to increase public awareness of the program. Battery stewardship organizations with approved plans must coordinate to conduct a survey of public awareness of the programs and share the results of the survey with the executive director as part of the annual reports. A battery stewardship organization is required to pay a one-time fee of $50,000 at the time of submittal of a plan to the executive director. If the executive director approves the plan, the battery stewardship organization is required to pay an additional fee of $86,000. Within 12 months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization must pay to the department an annual fee to cover the department's cost of implementing, administering, and enforcing the act's requirements. The solid and hazardous waste commission establishes the amount of the annual fee by rule. On and after January 1, 2028, the act prohibits a producer or retailer from selling, offering for sale, or distributing in or into the state certain batteries unless the batteries are marked with labels that: Identify the producer of the batteries; and Include certain information to ensure the proper collection and recycling of the batteries. Beginning January 1, 2030, a person is required to manage certain unwanted batteries through delivery to a collection site, program, or event established by the program. A person is prohibited from disposing of certain batteries in a landfill. The department will enforce violations of the act's requirements pursuant to the enforcement process for the state hazardous waste management program. (Note: This summary applies to this bill as enacted.) bill-detail#toggle' id='read-more-less-btn'> Read more Prime Sponsors Senator Lisa Cutter Senator Matt Ball Representative Kyle Brown Representative Rebekah Stewart Committees Senate Health & Human Services Appropriations House Finance Appropriations Share: If you require reasonable accessibility accommodation to access this content, please email accessibility@coleg.gov . Status Became Law Introduced Passed Became Law Related Documents & Information Bill Text Fiscal Committees Votes Amendments Bill History Sponsors Session Laws Bill Text Fiscal Committees Votes Amendments Bill History Sponsors Session Laws All Versions (7) Date Version Documents 06/04/2025 Signed Act PDF 05/15/2025 Final Act PDF 05/06/2025 Rerevised PDF 05/05/2025 Revised PDF 04/29/2025 Reengrossed PDF 04/28/2025 Engrossed PDF 02/11/2025 Introduced PDF Preamended Versions (3) Date Version Documents 05/02/2025 House Finance Preamend PDF 04/25/2025 Senate Appropriations Preamend PDF 02/27/2025 Senate Health & Human Services Preamend PDF Fiscal Notes (4) Date Version Documents 08/25/2025 Final Fiscal Note PDF 05/02/2025 Second Revised Fiscal Note PDF 05/01/2025 First Revised Fiscal Note PDF 02/24/2025 Initial Fiscal Note PDF Budget Staff Analysis (1) Date Version Documents 04/24/2025 SA1 PDF 05/05/2025 | House Appropriations (1) Activity Vote Documents Refer Senate Bill 25-163 to the Committee of the Whole. The motion passed on a vote of 6-4. Vote summary Hearing Summary | Committee Report : PDF 05/01/2025 | House Finance (2) Activity Vote Documents Adopt amendment L.014 (Attachment D). The motion passed without objection. Vote summary Refer Senate Bill 25-163, as amended, to the Committee on Appropriations. The motion passed on a vote of 9-2. Vote summary Hearing Summary | 2nd Hearing Summary | Committee Report : PDF 04/25/2025 | Senate Appropriations (3) Activity Vote Documents Adopt amendment L.009 The motion passed without objection. Vote summary Adopt amendment L.013 The motion passed without objection. Vote summary Refer Senate Bill 25-163, as amended, to the Committee of the Whole. The motion passed on a vote of 4-3. Vote summary Hearing Summary | Committee Report : PDF 02/26/2025 | Senate Health & Human Services (4) Activity Vote Documents Adopt amendment L.001 (Attachment D). The motion passed without objection. Vote summary Adopt amendment L.002 (Attachment E). The motion passed without objection. Vote summary Adopt amendment L.003 (Attachment F). The motion passed without objection. Vote summary Refer Senate Bill 25-163, as amended, to the Committee on Appropriations. The motion passed on a vote of 7-2. Vote summary Hearing Summary | Committee Report: PDF House Votes (1) Date Calendar Motion Vote Vote Document 05/06/2025 Third Reading BILL 44 AYE 21 NO 0 OTHER Vote record Senate Votes (3) Date Calendar Motion Vote Vote Document 05/06/2025 House Amendments REPASS 23 AYE 12 NO 0 OTHER Vote record 05/06/2025 House Amendments CONCUR 32 AYE 3 NO 0 OTHER Vote record 04/29/2025 Third Reading BILL 21 AYE 11 NO 3 OTHER Vote record Amendments (10) Date Amendment Number Committee/ Floor Hearing Status Documents 05/05/2025 L.015 Second Reading Lost [**] PDF 05/01/2025 L.014 HOU Finance Passed [*] PDF 04/28/2025 L.010 Second Reading Lost [**] PDF 04/28/2025 L.011 Second Reading Lost [**] PDF 04/28/2025 L.007 Second Reading Passed [**] PDF 04/25/2025 L.013 SEN Appropriations Passed [*] PDF 04/25/2025 L.009 SEN Appropriations Passed [*] PDF 02/26/2025 L.003 SEN Health & Human Services Passed [*] PDF 02/26/2025 L.002 SEN Health & Human Services Passed [*] PDF 02/26/2025 L.001 SEN Health & Human Services Passed [*] PDF * Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate. ** The status of Second Reading amendments may be subsequently affected by the adoption of an amendment to the Committee of the Whole Report. Refer to the House or Senate Journal for additional information. Bill history (15) Date Location Action 06/04/2025 Governor Governor Signed 05/15/2025 Governor Sent to the Governor 05/15/2025 House Signed by the Speaker of the House 05/15/2025 Senate Signed by the President of the Senate 05/06/2025 Senate Senate Considered House Amendments - Result was to Concur - Repass 05/06/2025 House House Third Reading Passed - No Amendments 05/05/2025 House House Second Reading Special Order - Passed with Amendments - Committee 05/05/2025 House House Committee on Appropriations Refer Unamended to House Committee of the Whole 05/01/2025 House House Committee on Finance Refer Amended to Appropriations 04/30/2025 House Introduced In House - Assigned to Finance 04/29/2025 Senate Senate Third Reading Passed - No Amendments 04/28/2025 Senate Senate Second Reading Special Order - Passed with Amendments - Committee, Floor 04/25/2025 Senate Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole 02/26/2025 Senate Senate Committee on Health & Human Services Refer Amended to Appropriations 02/11/2025 Senate Introduced In Senate - Assigned to Health & Human Services Sponsors Prime Sponsor Sen. M. Ball | Sen. L. Cutter Rep. K. Brown | Rep. R. Stewart Sponsor (None) Co-Sponsor Sen. J. Amabile | Sen. J. Danielson | Sen. L. Daugherty | Sen. N. Hinrichsen | Sen. I. Jodeh | Sen. C. Kipp | Sen. D. Michaelson Jenet | Sen. D. Roberts | Sen. K. Wallace | Sen. M. Weissman | Sen. F. Winter Rep. S. Bird | Rep. M. Froelich | Rep. E. Hamrick | Rep. M. Lindsay | Rep. W. Lindstedt | Rep. J. Mabrey | Rep. K. McCormick | Rep. A. Paschal | Rep. M. Rutinel | Rep. E. Sirota | Rep. L. Smith | Rep. K. Stewart | Rep. A. Valdez | Rep. S. 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