Colorado 2026 Regular Session Status: Enacted 16 D cosponsors

SB 3 — End-of-Life Management of Electric Vehicle Batteries

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 14, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on June 03, 2026.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 28 sponsors

    4 primary, 24 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (16 D).

  • Cleared a recorded vote

    Passed 13 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

This bill mandates a program for managing electric vehicle batteries at the end of their life cycle.

The bill establishes a framework for the stewardship of propulsion batteries from electric vehicles, requiring sellers to manage recycling and disposal responsibly. It sets registration, education, reporting, and labeling requirements for battery providers to ensure proper handling and reduction of waste.

What this means for you
  • Environment: This legislation aims to ensure the responsible recycling and disposal of electric vehicle batteries, reducing environmental impacts.

Summary

Senate Bill 25-163, concerning the establishment of battery stewardship programs for the disposal of certain batteries, created the 'Battery Stewardship Act', which requires the establishment of battery stewardship organizations and the submittal of battery stewardship plans to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries.     The act expands the scope of the 'Battery Stewardship Act' to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the 'Battery Stewardship Act'.     On or before July 1, 2027, a person selling, offering for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state (propulsion battery provider) is required to register with the department of public health and environment (department).     On or before January 2, 2029, a propulsion battery provider or group of propulsion battery providers must submit to the executive director an education and outreach plan that contains certain information about the management of propulsion batteries. On and after July 1, 2029, the act prohibits a propulsion battery provider from selling, making available for sale, or distributing a propulsion battery in or into the state unless the propulsion battery provider has submitted an education and outreach plan that meets the requirements of the act. The act also requires a propulsion battery provider to develop and maintain at least one website that, among other things, includes the information in the propulsion battery provider's education and outreach plan.     The act requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure the responsible management of the unwanted propulsion batteries collected. In addition, the act requires a propulsion battery provider to, on and after July 1, 2029, label a propulsion battery and specifies the information that must be included on the label. On or before June 1, 2030, and on or before each June 1 thereafter, a propulsion battery provider is directed to submit an annual report to the executive director covering the preceding calendar year of the responsible management of the propulsion batteries collected by the propulsion battery provider.     A propulsion battery provider is required to pay a program initiation fee to the department. The amount of the program initiation fee for each propulsion battery provider is based on each propulsion battery provider's percentage of all propulsion battery vehicles registered in the state. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is also required to pay an annual fee to cover the department's cost of implementing, administering, and enforcing the act. The solid and hazardous waste commission is directed to establish the annual fee amount by rule on or before July 1, 2029.     The act specifies how the department is required to implement, administer, and enforce the act. For example, the department is required to assess annual reports submitted by propulsion battery providers, compile a list of entities registered with the department, provide a digital registration form that an entity can use to register, and conduct an email survey with registered entities to request feedback on the functioning of the propulsion battery management program.     The act also sets forth requirements for persons that remanufacture a propulsion battery; persons that use a propulsion battery for a different use than the use for which the propulsion battery was originally designed; commercial entities that take possession of a propulsion battery for the purpose of selling, dispositioning, repairing, reusing, or recycling the propulsion battery; and entities that conduct propulsion battery recycling.     On and after July 1, 2029, the disposal of propulsion batteries at a solid waste disposal site and facility is prohibited.(Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

863 added · 947 removed

Plain-language change summary

The recent amendment to SB 3 now includes a note indicating that the bill is ready for signatures from legislative officers and the Governor. This change is important because it informs the public on how to find updates about the bill's status after it passes through the legislative process. Additionally, the bill title has been updated to "Promoting Responsible End-of-Life Management of Electric Vehicle Batteries Act," making its purpose clearer in relation to managing electric vehicle battery disposal.

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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0139.01 Clare Haffner x6137 SENATE BILL 26-003 SENATE SPONSORSHIP Wallace and Cutter, Amabile, Ball, Benavidez, Bridges, Coleman, Danielson, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Lindstedt, Roberts, Sullivan, Weissman HOUSE SPONSORSHIP Brown and Stewart R., Boesenecker, Gonzalez R., Lindsay, Martinez, Mauro, McCormick, Ricks, Smith, Velasco d n e 2 E a 2 U U , O i 1 H a a Senate Committees House Committees R M Transportation & Energy Finance r Appropriations Appropriations 3 g A BILL FOR AN ACT d 2 E a 2 C ONCERNINGEXPANDINGTHESCOPEOFTHE "B ATTERY STEWARDSHIP S R , O d 1 H 2 a A CT " TO COVER THE END -OF -LIFE MANAGEMENT OF ELECTRIC e M n VEHICLE BATTERIES .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
e A Bill Summary d (Note:
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
This summary applies to this bill as introduced and does d notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill e 6 E a 0 passes third reading in the house of introduction, a bill summary that A U , applies to the reengrossed version of this bill will be available at N n 4 S a a http://leg.colorado.gov.) e M r Senate Bill 25-163 created the "Battery Stewardship Act", which requires the establishment of battery stewardship organizations (organizations) and the submittal of battery stewardship plans (plans) to n theexecutivedirectorofthedepartmentofpublichealthandenvironment d e 6 (executive director) for the collection, transportation, processing, and E R 0 A n , E 2 1 Shading denotes HOUSE amendment.
SENATE BILL 26-003 BYSENATOR(S)WallaceandCutter,Amabile,Ball,Benavidez,Bridges, Danielson,Exum,GonzalesJ.,Hinrichsen,Jodeh,Kipp,Lindstedt,Roberts, Sullivan, Weissman, Coleman;
Double underlining denotes SENATE amendment.
also REPRESENTATIVE(S) Brown and Stewart R., Boesenecker, Gonzalez R., Lindsay, Martinez, Mauro, McCormick, Ricks, Smith, Velasco.
S e a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.
CONCERNINGEXPANDINGTHESCOPEOFTHE "BATTERY STEWARDSHIP ACT " TO COVER THE END -OF-LIFE MANAGEMENT OF ELECTRIC VEHICLE BATTERIES .
m A recycling of certain batteries.
The bill expands the scope of the "Battery Stewardship Act" to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle,andestablishesrequirementsconcerningpropulsionbatteriesthat differ from the requirements for the batteries currently contemplated by the "Battery Stewardship Act".
No later than April 1, 2028, and every 5 years thereafter, an organization must submit a plan for the collection, transportation, processing, reuse, repurposing, and recycling of propulsion batteries as partofabatterystewardshipprogram.Thebillspecifieswhataplanmust contain to be approved bythe executive director.
On and after August 1, 2028,aproviderofpropulsionbatteriesselling,makingavailableforsale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state is required to participate in and finance an organization that has submitted a plan.
An organization implementing a plan on behalf of providers of propulsion batteries is required to develop a website that includes educational and promotional materials and safety information related to battery storage and collection activities and submit annual reports to the executive director that concern certain information about the preceding year of plan implementation.
The bill includes requirements for the marking and labeling of propulsion batteries and requires the solid and hazardous waste commission to, no later than July 1, 2027, adopt rules establishing a processforthedepartmentof publichealthandenvironmenttocertifyan entity as a qualified propulsion battery recycler.
On and after August 1, 2028, all propulsion batteries in the state mustbemanagedinaccordance with the requirements established bythe bill.
SECTION2.
SECTION 2.
In Colorado RevisedStatutes,25-17-1002,amend (2);
In Colorado Revised Statutes, 25-17-1002, amend (2);
________ Capital letters or bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
-2- 003 (a) E LECTRIC VEHICLES ARE CRUCIAL TOOLS FOR REDUCING GREENHOUSEGASEMISSIONS WHICHTHESTATEISSTRIVINGTOELIMINATE BY 2050.
(a) E LECTRIC VEHICLES ARE CRUCIAL TOOLS FOR REDUCING GREENHOUSE GAS EMISSIONS ,WHICH THE STATE IS STRIVING TO ELIMINATE BY 2050.
LECTRIC VEHICLES ARE ALSO VITAL TO REDUCING LOCAL AIR POLLUTION IN AREAS OF THE STAT,SUCH AS THE DENVER METRO AND NORTH FRONT RANGE AREAS ,THAT THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS DESIGNATED AS BEING IN NONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY STANDARD .
ELECTRIC VEHICLES ARE ALSO VITAL TO REDUCING LOCAL AIR POLLUTION IN AREAS OF THE STATE ,SUCH AS THE D ENVER METRO AND NORTH FRONT RANGE AREAS , THAT THE FEDERAL ENVIRONMENTAL PROTECTIONAGENCYHASDESIGNATEDASBEINGINNONATTAINMENT WITH A NATIONAL AMBIENT AIR QUALITY STANDARD .
TO ACHIEVE EMISSION REDUCTIONS NEEDED TO MEET STATE MANDATED CLIMATE GOALSANDFEDERALLYREQUIREDOZONE LEVELS ,MANYMOREELECTRIC VEHICLES WILL NEED TO BE DEPLOYED ICOLORADO .
TO ACHIEVE EMISSION REDUCTIONS NEEDED TO MEET STATE -MANDATED CLIMATE GOALS AND FEDERALLYREQUIREDOZONELEVELS ,MANYMOREELECTRICVEHICLESWILL NEED TO BE DEPLOYED IN COLORADO .
(b) ASELECTRICVEHICLESALESINTHESTATECONTINUETOGROW , SUBSTANTIALLY MORE ELECTRIC VEHICLES WILL BE RETIRED IN THE COMING YEARS , AND THEIR BATTERIES , KNOWN AS PROPULSION BATTERIES,WILL NEED RESPONSIBLE EN-OF-LIFE MANAGEMENT ;
(b) AS ELECTRIC VEHICLE SALES IN THE STATE CONTINUE TO GRO, SUBSTANTIALLYMOREELECTRICVEHICLESWILLBERETIREDINTHECOMING YEARS ,AND THEIR BATTERIES ,KNOWN AS PROPULSION BATTERIES , WILL NEED RESPONSIBLE END OF LIFE MANAGEMENT ;
(c) PROPULSION BATTERIES OFTEN RETAIN VALUE EVEN AFTER THEY CEASE TO POWER THE ORIGINAL VEHICLES INTO WHICH THEY WERE PLACED AND CAN BE REUSED ,REMANUFACTURED , REPURPOSED, OR RECYCLED .EXTENDINGTHEUSEFULLIFESPANOFPROPULSIONBATTERIES IMPROVES THE SUSTAINABILITY PROFILE OF THE ELECTRIC VEHICLE INDUSTRY AND CREATES LOCAL ECONOMIC OPPORTUNITIES.
(c) PROPULSIONBATTERIESOFTENRETAINVALUEEVENAFTERTHEY CEASE TO POWER THE ORIGINAL VEHICLES INTO WHICH THEY WERE PLACED AND CAN BE REUSED , REMANUFACTURED ,REPURPOSED , OR RECYCLED .
(d) MULTIPLEANALYSESHAVEESTABLISHEDTHATEXPENSIVEAND HAZARDOUSRISKSRESULTFROMTHEIMPROPERHANDLING ,STORAGE ,AND DISPOSAL OF PROPULSION BATTERIE;AND (e) UNWANTED PROPULSION BATTERIES THAT ARE STORED IMPROPERLYINSTEADOFBEINGSORTEDFORREUSE ,REMANUFACTURING , REPURPOSING ,OR ULTIMATE RECYCLING AND RECOVERY OF VALUABLE MATERIALSCOULDPOTENTIALLYREDUCETHEENVIRONMENTALBENEFITS -3- 003 OF A ROBUST CIRCULAR ECONOMY FOR PROPULSION BATTERIES WHILE ALSO INCREASING THE RISK OF BATTERY FIRE.
EXTENDINGTHEUSEFULLIFESPANOFPROPULSIONBATTERIESIMPROVESTHE SUSTAINABILITYPROFILEOFTHEELECTRICVEHICLEINDUSTRYANDCREATES LOCAL ECONOMIC OPPORTUNITIES .
A ROBUST EXTENDED PROVIDER RESPONSIBILITY POLICY IS NEEDED TO ENABLE A PROPULSION BATTERY CIRCULAR ECONOMY .
(d) M ULTIPLE ANALYSES HAVE ESTABLISHED THAT EXPENSIVE AND HAZARDOUS RISKS RESULT FROM THE IMPROPER HANDLING ,STORAGE ,AND DISPOSAL OF PROPULSION BATTERIES;AND (e) UNWANTED PROPULSION BATTERIES THAT ARE STORED IMPROPERLY INSTEAD OF BEING SORTED FOR REUSE , REMANUFACTURING , REPURPOSING ,OR ULTIMATE RECYCLING AND RECOVERY OF VALUABLE MATERIALSCOULDPOTENTIALLYREDUCETHEENVIRONMENTALBENEFITSOF A ROBUST CIRCULAR ECONOMY FOR PROPULSION BATTERIES WHILE ALSO INCREASING THE RISK OF BATTERY FIRES.
(2) The general assemblythereforedeclaresthatitisinthepublic interest of Colorado to:
AROBUST EXTENDED PROVIDER RESPONSIBILITY POLICY IS NEEDED TO ENABLE A PROPULSION BATTERY CIRCULAR ECONOMY .
(a) RequireproducersofbatteriesPROVIDERSOFPROPULSION BATTERIES to finance and implement a coordinated, state-approved system that increases access to the safe disposalRESPONSIBLE END OF-LIFE MANAGEMENT of batteries in Colorado;
(2) The general assembly therefore declares that it is in the public interest of Colorado to:
(b) REDUCE THE INHERENT RISK OF FIRE THAT CAN OCCUR WHEN PROPULSION BATTERIES ARE IMPROPERLY DISPOSED O;AND (c) ENCOURAGE THE REUSE, REMANUFACTURING , AND REPURPOSINGOFPROPULSIONBATTERIESAND THE ULTIMATERECYCLING ANDRECOVERYOFTHEVALUABLEMATERIALSINAPROPULSIONBATTERY THAT CAN BE PUT BACK INTO THE SUPPLY CHA.N SECTION3.
PAGE 2-SENATE BILL 26-003 (a) Require producers of batteriAND PROVIDERS OF PROPULSION BATTERIES to finance and implement a coordinated, state-approved system that increases access to the safe disposalRESPONSIBLE END -OF-LIFE MANAGEMENT of batteries in Colorado;
In Colorado RevisedStatutes,25-17-1003,amend (8)(b)(VI);andadd(1.5),(2.5),(8.5),(10.5),(12.5),(13.5),(19.5),(23.3), (23.5), (23.7), (23.9), (24.5), (26.3), (26.5), (26.7), (26.8), (26.9), (27.1), (27.2), (27.3), (27.4), (27.5), (27.6), and (30.5) as follows:
(b) R EDUCE THE INHERENT RISK OF FIRE THAT CAN OCCUR WHEN PROPULSION BATTERIES ARE IMPROPERLY DISPOSED OF ;AND (c) ENCOURAGETHEREUSE REMANUFACTURING ,ANDREPURPOSING OFPROPULSION BATTERIES AND THE ULTIMATE RECYCLING AND RECOVERY OFTHE VALUABLE MATERIALS IN APROPULSIONBATTERYTHAT CANBE PUT BACK INTO THE SUPPLY CHAIN .
SECTION 3.
In Colorado Revised Statutes, 25-17-1003, amend (8)(b)(VI);
and add (1.5), (2.5), (8.5), (10.5), (12.5), (13.5), (19.5), (23.3), (23.5), (23.7), (23.9), (24.5), (26.3), (26.5), (26.7), (26.8), (26.9), (27.1), (27.2), (27.3), (27.4), (27.5), (27.6), and (30.5) as follows:
(1.5) "BTTERY "MEANS A DEVICE CONSISTING OF ONE OR MORE ELECTRICALLY CONNECTED ELECTROCHEMICAL CELLS ,WHICH DEVICE IS DESIGNED TO RECEIVE,STORE,AND DELIVER ELECTRIC ENERGY.
(1.5) "B ATTERY "MEANS A DEVICE CONSISTING OF ONE OR MORE ELECTRICALLY CONNECTED ELECTROCHEMICAL CELLS ,WHICH DEVICE IS DESIGNED TO RECEIVE ,STORE ,AND DELIVER ELECTRIC ENERGY .
(2.5) "BTTERYMANAGEMENTHIERARCHY "MEANSTHEPROCESS OF SECONDARY HANDLERS , REMANUFACTURERS ,REPURPOSERS , AND -4- 003 PROPULSION BATTERY PROVIDERS FIRST STRIVING TO REU,REPURPOSE, ORREMANUFACTUREPROPULSIONBATTERIES ,WHENDOINGSOISPOSSIBLE AND COST EFFECTIVE,BEFORE PROPULSION BATTERY RECYCLING .
(2.5) "BATTERYMANAGEMENTHIERARCHY "MEANSTHEPROCESSOF SECONDARY HANDLERS , REMANUFACTURERS , REPURPOSERS , AND PROPULSIONBATTERYPROVIDERSFIRSTSTRIVINGTOREUSE ,REPURPOSE ,OR REMANUFACTUREPROPULSIONBATTERIES ,WHENDOINGSOISPOSSIBLEAND COST EFFECTIVE ,BEFORE PROPULSION BATTERY RECYCLING .
(VI) Abattery,NCLUDINGAPROPULSIONBATTERY ,assembledby or for a vehicle manufacturer, or franchised dealer, 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.
(VI) A battery,INCLUDING A PROPULSION BATTERY , assembled by or for a vehicle manufacturer, or franchised dealer,t 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.
(8.5) "CRITICAL MINERALS"MEANS MINERALS DESIGNATED AS CRITICALMINERALSBYTHE U NITEDSTATESSECRETARYOFTHEINTERIOR , ACTING THROUGH THE DIRECTOR OF THE UNITED STATES GEOLOGICAL SURVEY ,PURSUANT TO 30 U.S.C.SEC.
(8.5) "C RITICAL MINERALS "MEANS MINERALS DESIGNATED AS PAGE 3-SENATE BILL 26-003 CRITICAL MINERALS BY THEU NITEDSTATES SECRETARY OF THE INTERIOR, ACTING THROUGH THE DIRECTOR OF THE UNITED STATES GEOLOGICAL SURVEY ,PURSUANT TO 30 U.S.C.SEC.
(10.5) (a) "D ISPOSITIONIN" OR "DISPOSITIONED" MEANS EVALUATINGAPROPULSIONBATTERYTODETERMINETHEMOSTSUITABLE BATTERY MANAGEMENT OPTION BASED ON METRICS SUCH AS THE CHEMISTRY ,CONDITION ,FORMAT ,AND LOCATION OF THE PROPULSION BATTERY .
(10.5) (a) "D ISPOSITIONIN" OR "DISPOSITIONED" MEANS EVALUATING A PROPULSION BATTERY TO DETERMINE THE MOST SUITABLE BATTERY MANAGEMENT OPTION BASED ON METRICS SUCH AS THE CHEMISTRY ,CONDITION ,FORMAT ,AND LOCATION OF THE PROPULSION BATTERY .
(b) "DISPOSITIONIN" OR "DISPOSITIONED" MAY INCLUDE EVALUATING A PROPULSION BATTERY FOR SECONDARY USE BY A REPURPOSER OR A PROPULSION BATTERY RECYCLER .
(b) "D ISPOSITIONIN" OR "DISPOSITIONED" MAY INCLUDE EVALUATING A PROPULSION BATTERY FOR SECONDARY USE BY A REPURPOSER OR A PROPULSION BATTERY RECYCLER .
(12.5) "EDUCATION AND OUTREACH PLAN " MEANS A PLAN SUBMITTED BY A PROPULSION BATTERY PROVIDER OR GROUP OF PROPULSIONBATTERYPROVIDERSTOTHEEXECUTIVEDIRECTORPURSUANT TO SECTION25-17-1019 (2).
(12.5) "EDUCATION AND OUTREACH PLAN " MEANS A PLAN SUBMITTEDBYAPROPULSIONBATTERYPROVIDERORGROUPOFPROPULSION BATTERY PROVIDERS TO THE EXECUTIVE DIRECTOR PURSUANT TO SECTION 25-17-1019 (2).
(13.5) "ED OF LIF" MEANS :
(13.5) "END OF LIF"MEANS :
(a) THE STAGE WHEN A COVERED BATTERY IS NO LONGER SUITABLE FOR USE AS A BATTERY AND MUST BE RECYCLE;OR -5- 003 (b) T HE STAGE WHEN A PROPULSION BATTERY IS NO LONGER SUITABLE FOR USE AS A PROPULSION BATTERY OR FOR REPURPOSING AND IS DIRECTED FOR PROPULSION BATTERY RECYCLIN.
(a) THE STAGE WHEN A COVERED BATTERY IS NO LONGER SUITABLE FOR USE AS A BATTERY AND MUST BE RECYCLED;OR (b) THE STAGE WHEN A PROPULSION BATTERY IS NO LONGER SUITABLE FOR USE AS A PROPULSION BATTERY OR FOR REPURPOSING AND IS DIRECTED FOR PROPULSION BATTERY RECYCLING .
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(19.5) "ORPHANED BATTERY "MEANS :
(19.5) "ORPHANED BATTERY " MEANS :
(a) A PROPULSION BATTERY THAT HAS AN UNIDENTIFIABLE PROPULSIONBATTERYPROVIDERORREMANUFACTURERORAPROPULSION BATTERY PROVIDER OR REMANUFACTURER THAT NO LONGER EXISTS ;OR (b) A N UNWANTED PROPULSION BATTERY THAT HAS NOT BEEN COLLECTED OR MANAGED IN ACCORDANCE WITH THE BATTERY MANAGEMENT HIERARCHY .
(a) A PROPULSION BATTERY THAT HAS AN UNIDENTIFIABLE PROPULSION BATTERY PROVIDER OR REMANUFACTURER OR A PROPULSION BATTERY PROVIDER OR REMANUFACTURER THAT NO LONGER EXISTS ;OR (b) A N UNWANTED PROPULSION BATTERY THAT HAS NOT BEEN COLLECTED OR MANAGED IN ACCORDANCE WITH THE BATTERY MANAGEMENT HIERARCHY .
(23.3) "PROPULSION BATTERY " MEANS A BATTERY THAT IS PRIMARILY USED TO SUPPLY POWER TO PROPEL A BATTERY ELECTRIC MOTOR VEHICLE , AS DEFINED IN SECTION43-4-1202 (1.5)A PLUG-IN HYBRID ELECTRIC MOTOR VEHICLE ,AS DEFINED IN SECTION43-4-1202 (14), OR A HYBRID VEHICLE , AS DEFINED IN SECTION 42-4-1012 (2.5)(a)(III).
(23.3) "PROPULSION BATTERY " MEANS A BATTERY THAT IS PRIMARILYUSEDTOSUPPLYPOWERTOPROPELABATTERYELECTRICMOTOR PAGE 4-SENATE BILL 26-003 VEHICLE , AS DEFINED IN SECTION 43-4-1202 (1.5), A PLUG -IN HYBRID ELECTRIC MOTOR VEHICLE ,AS DEFINED IN SECTION 43-4-1202 (14),OR A HYBRID VEHICLE , AS DEFINED IN SECTION42-4-1012 (2.5)(a)(III).
(23.5) (a) "PPULSION BATTERY PROVIDER "MEANS :
(23.5) (a) "PROPULSION BATTERY PROVIDER "MEANS :
(I) APERSONTHATFIRSTSELLS ,OFFERSFORSALE ORDISTRIBUTES A PROPULSION BATTERY OR A VEHICLE CONTAINING A PROPULSION BATTERY IN OR INTO THE STAT,INCLUDING VEHICLE MANUFACTURERS LICENSED PURSUANT TO APPLICABLE STATE LAWS OR PROPULSION BATTERY MANUFACTURERS THAT DISTRIBUTE PROPULSION BATTERIES UNDER THEIR OWN NAME OR BRAND ;
(I) A PERSON THAT FIRST SELLS ,OFFERS FOR SALE ,OR DISTRIBUTES APROPULSIONBATTERYORAVEHICLECONTAININGAPROPULSIONBATTERY IN OR INTO THE STATE , INCLUDING VEHICLE MANUFACTURERS LICENSED PURSUANT TO APPLICABLE STATE LAWS OR PROPULSION BATTERY MANUFACTURERS THAT DISTRIBUTE PROPULSION BATTERIES UNDER THEIR OWN NAME OR BRAND ;
(II) I THERE IS NOT A PERSON THAT SUBSECTIO(23.5)(a)(OF THIS SECTION APPLIES T,THE OWNER OR LICENSEE OF THE BRAND OR TRADEMARK UNDER WHICH THE PROPULSION BATTERY IS SOLD,OFFERED FOR SALE, OR DISTRIBUTED IN OR INTO THE STAT.
(II) ITHEREISNOTAPERSONTHATSUBSECTION (23.5)(a)(IOFTHIS SECTION APPLIES TO , THE OWNER OR LICENSEE OF THE BRAND OR TRADEMARKUNDERWHICHTHEPROPULSIONBATTERYISSOLD ,OFFEREDFOR SALE ,ORDISTRIBUTEDINORINTOTHESTATE .T HISINCLUDESANEXCLUSIVE LICENSEE WITH THE EXCLUSIVE RIGHT TO USE THE BRAND OR TRADEMARK INCONNECTIONWITHTHEDISTRIBUTIONORSALEOFPROPULSIONBATTERIES .
HIS INCLUDES AN -6- 003 EXCLUSIVE LICENSEE WITH THE EXCLUSIVE RIGHT TO USE THE BRAND OR TRADEMARK IN CONNECTION WITH THE DISTRIBUTION OR SALE OF PROPULSION BATTERIES .
(III) IF THERE IS NOT A PERSON THAT SUBSECTION (23.5)(a)(IOR (23.5)(a)(IIOF THIS SECTION APPLIES TO,THE PERSON THAT IMPORTS THE PROPULSION BATTERY INTO THE STATE FOR SALE , DISTRIBUTION , OR INSTALLATION .
(III) I THERE IS NOT A PERSON THAT SUBSECTIO(23.5)(a)(OR (23.5)(a)(II)THISSECTIONAPPLIESTO ,THEPERSONTHATIMPORTSTHE PROPULSION BATTERY INTO THE STATE FOR SALE ,DISTRIBUTION, OR INSTALLATION .
(b) "P ROPULSION BATTERY PROVIDER "DOES NOT INCLUDE :
(b) "PROPULSION BATTERY PROVIDER "DOES NOT INCLUDE :
(I) A DEALER OF A VEHICLE CONTAINING A PROPULSION BATTERY ;
(I) ADEALEROFAVEHICLECONTAININGAPROPULSIONBATTERY ;
(II) A SECONDARY HANDLER THAT SELLS , OFFERS FOR SALE , REGISTERS ,ORDISTRIBUTESAVEHICLECONTAININGAPROPULSIONBATTERY IN OR INTO THE STATE;OR (III) A PERSON THAT SELLS A USED VEHICLE IN OR INTO THE STATE .
(II) A SECONDARY HANDLER THAT SELLS ,OFFERS FOR SALE , REGISTERS ,OR DISTRIBUTES A VEHICLE CONTAINING A PROPULSION BATTERY IN OR INTO THE STATE;OR (III) APERSONTHATSELLSAUSEDVEHICLEINORINTOTHESTATE .
(c) F OR THE PURPOSES OF THIS SUBSECTION (23.5),THE SALE OF A PROPULSION BATTERY OCCURS IN THE STATE IF THE PROPULSION BATTERY , OR THE VEHICLE CONTAINING THE PROPULSION BATTERY ,IS DELIVERED TO A LICENSED DEALER OR DIRECTLY TO A CONSUMER IN THE STATE .
(c) FOR THE PURPOSES OFTHIS SUBSECTION(23.5)THE SALE OFA PROPULSIONBATTERYOCCURSINTHESTATEIFTHEPROPULSIONBATTERY , ORTHEVEHICLECONTAININGTHEPROPULSIONBATTERY ISDELIVEREDTO A LICENSED DEALER OR DIRECTLY TO A CONSUMER IN THE STATE.
PAGE 5-SENATE BILL 26-003 (23.7) (a) ROPULSION BATTERY RECYCLER "MEANSANENTITYOR FACILITY THAT:
(23.7) (a) "POPULSION BATTERY RECYCLER "MEANS AN ENTITY OR FACILITY THAT:
(I) OPERATES IN ACCORDANCE WITH ALL REQUIRED PERMITS AND REGULATORYEXCLUSIONSINALLAPPLICABLEFEDERAL ,STATE,ANDLOCAL LAWS ;
(I) OPERATES IN ACCORDANCE WITH ALL REQUIRED PERMITS AND REGULATORY EXCLUSIONS IN ALL APPLICABLE FEDERAL , STATE,AND LOCAL LAWS ;
(II) CNDUCTS PROPULSION BATTERY RECYCLING ;AND (III) ERFORMS AT LEAST ONE OF THE FOLLOWING ACTIVITIE:
(II) CONDUCTS PROPULSION BATTERY RECYCLING ;
(A) E XTRACTS AND SEPARATES MATERIALS FROM END -OF-LIFE PROPULSION BATTERIES , INCLUDING METALS , COMPOUNDS , OR INTERMEDIATEFRACTIONS ,ANDDIRECTSTHESEMATERIALSTOONEORMORE ADDITIONAL PROPULSION BATTERY RECYCLERS FOR FURTHER PROCESSING OR REFINING;OR (B) R EFINES ENDOF-LIFE PROPULSION BATTERIES OR PROPULSION BATTERY MATERIALS , SUCH AS ALUMINUM , COBALT ,COPPER, GRAPHITE, IRON,LITHIUM COMPOUNDS ,MANGANESE ,AND NICKEL ,BACK TO USEABLE MATERIALS SUITABLE FOR REINTRODUCTION INTO BATTERY , MANUFACTURING ,OR OTHER INDUSTRIAL SUPPLY CHAINS.
AND (III) PRFORMS AT LEAST ONE OF THE FOLLOWING ACTIVITIES:
(b) "P ROPULSION BATTERY RECYCLER " DOES NOT INCLUDE AN ENTITY OR FACILITY THAT ONLY ENGAGES IN THE COLLECTION OR TRANSPORTATIONOF ORTHELOGISTICSOFMOVING ,PROPULSIONBATTERIES OR PROPULSION BATTERY MATERIALS DURING THE RECYCLING PROCESS .
(A) E XTRACTS AND SEPARATES MATERIALS FROM END -OF-LIFE PROPULSION BATTERIES , INCLUDING METALS , COMPOUNDS , OR INTERMEDIATE FRACTIONS ,AND DIRECTS THESE MATERIALS TO ONE OR -7- 003 MORE ADDITIONAL PROPULSION BATTERY RECYCLERS FOR FURTHER PROCESSING OR REFININ;OR (B) REFINESEND-OF-LIFEPROPULSIONBATTERIESORPROPULSION BATTERY MATERIALS ,SUCH AS ALUMINUM ,COBALT,COPPER,GRAPHITE , IRON,LITHIUMCOMPOUNDS MANGANESE ,ANDNICKEL BACKTOUSEABLE MATERIALS SUITABLE FOR REINTRODUCTION INTO BATTERY , MANUFACTURING ,OR OTHER INDUSTRIAL SUPPLY CHAIN.
(23.9) (a) "PROPULSION BATTERY RECYCLING " MEANS THE RECOVERY OF CRITICAL MINERALS THAT ARE PRESENT IN THE PROPULSION BATTERY FEEDSTOCK , USING ONE OR MORE PROPULSION BATTERY RECYCLERS .
(b) "PROPULSION BATTERY RECYCLER " DOES NOT INCLUDE AN ENTITY OR FACILITY THAT ONLY ENGAGES IN THE COLLECTION OR TRANSPORTATION OF , OR THE LOGISTICS OF MOVING , PROPULSION BATTERIESORPROPULSIONBATTERYMATERIALSDURINGTHERECYCLING PROCESS.
(b) (I) "PROPULSION BATTERY RECYCLING "DOES NOT INCLUDE DISPOSAL OR SHAM RECYCLING UNDER THE FEDERAL "R ESOURCE CONSERVATIONAND RECOVERY ACTOF 1976",42U.S.C.SEC .6901ETSEQ ., OR OTHER APPLICABLE FEDERAL LAW .
(23.9) (a) "PROPULSION BATTERY RECYCLING " MEANS THE RECOVERYOFCRITICALMINERALSTHATAREPRESENTINTHEPROPULSION BATTERY FEEDSTOCK , USING ONE OR MORE PROPULSION BATTERY RECYCLERS .
(II) FOR THE PURPOSES OF THIS SUBSECTION (23.9)(b),SHAM RECYCLINGANDLEGITIMATERECYCLINGAREDETERMINEDINACCORDANCE PAGE 6-SENATE BILL 26-003 WITH THE LEGITIMACY CRITERIA SET FORTH IN40 CFR 260.43.
(b) (I) "POPULSION BATTERY RECYCLING" DOES NOT INCLUDE DISPOSAL OR SHAM RECYCLING UNDER THE FEDERAL "RESOURCE C ONSERVATION AND RECOVERY ACT OF 1976", 42 U.S.SEC.
(24.5) (a) "RCOVERY "MEANS THE EXTRACTION ,SEPARATION ,OR REGENERATION OF CRITICAL MINERALS OR CATHODE MATERIALS IN THEIR ELEMENTAL ,COMPOUND , OR INTERMEDIATE FORM , SUCH AS REFINED METALS , SALTS, OXIDES, HYDROXIDES , OR REGENERATED CATHODE MATERIALS ,OR OTHER COMMERCIALLY USABLE FORMS .
6901ET SEQ.,OR OTHER APPLICABLE FEDERAL LAW.
(b) "RECOVERY "DOES NOT INCLUDE LITHIUM RECOVERED AS SLAG AND USED AS CONCRETE ADDITIVES .
(II) FOR THE PURPOSES OF THIS SUBSECTION(23.9)(b)SHAM RECYCLING AND LEGITIMATE RECYCLING ARE DETERMINED IN ACCORDANCE WITH THE LEGITIMACY CRITERIA SET FORTH IN 40 CFR 260.43.
(26.3) "R EMANUFACTURE " MEANS A STANDARDIZED INDUSTRIAL PROCESSTHROUGHWHICHBATTERYCORESARERETURNEDTOSAME -ASNEW ORBETTERCONDITIONANDPERFORMANCE ,WHICHPROCESSISINLINE WITH SPECIFIC TECHNICAL SPECIFICATIONS INCLUDING ENGINEERING ,QUALITY , AND TESTING STANDARDS .
(24.5)(a) "RCOVERY "MEANSTHEEXTRACTION ,SEPARATION,OR REGENERATIONOFCRITICALMINERALSORCATHODEMATERIALSINTHEIR ELEMENTAL , COMPOUND ,OR INTERMEDIATE FORM ,SUCH AS REFINED -8- 003 METALS ,SALTS ,OXIDES, HYDROXIDES ,OR REGENERATED CATHODE MATERIALS ,OR OTHER COMMERCIALLY USABLE FORMS .
(b) "RCOVERY "DOESNOTINCLUDELITHIUMRECOVEREDASSLAG AND USED AS CONCRETE ADDITIVES.
(26.3) "RMANUFACTURE "MEANS A STANDARDIZED INDUSTRIAL PROCESS THROUGH WHICH BATTERY CORES ARE RETURNED TO SAME AS NEWORBETTERCONDITIONANDPERFORMANCE WHICHPROCESS IS IN LINE WITH SPECIFIC TECHNICAL SPECIFICATIONS INCLUDING ENGINEERING,QUALITY ,AND TESTING STANDARDS.
(26.7) "R EPURPOSE" MEANS THE PROCESS OF MODIFYING A PROPULSION BATTERY OR PROPULSION BATTERY PACKMODULE ORCELL TO STORE AND SUPPLY ELECTRICITY IN A MANNER OTHER THAN THE ORIGINAL INTENDED PURPOSE OF THE PROPULSION BATTER.
(26.7) "R EPURPOSE " MEANS THE PROCESS OF MODIFYING A PROPULSIONBATTERYORPROPULSIONBATTERYPACK MODULE ,ORCELLTO STORE AND SUPPLY ELECTRICITY IN A MANNER OTHER THAN THE ORIGINAL INTENDED PURPOSE OF THE PROPULSION BATTERY .
(26.8) "RPURPOSER "MEANSAPERSONTHAT USESAPROPULSION BATTERY TO FULFILL A DIFFERENT USE THAN THE USE FOR WHICH THE PROPULSION BATTERY WAS ORIGINALLY DESIGNED.
(26.8) "REPURPOSER " MEANS A PERSON THAT USES A PROPULSION BATTERY TO FULFILL A DIFFERENT USE THAN THE USE FOR WHICH THE PROPULSION BATTERY WAS ORIGINALLY DESIGNED .
(26.9) "RESPONSIBLE PROPULSION BATTERY MANAGEMENT " MEANS ENSURING A PROPULSION BATTERY IS DISPOSITIONED AND MANAGEDPURSUANTTOTHEBATTERYMANAGEMENTHIERARCHY ,WHILE ALSO ENSURING THAT ANY PROPULSION BATTERY NO LONGER SUITABLE FORUSEINAVEHICLEISULTIMATELYDIRECTEDTOEITHERAREPURPOSER OR A PROPULSION BATTERY RECYCLER.
(26.9) "RESPONSIBLEPROPULSIONBATTERYMANAGEMENT "MEANS ENSURING A PROPULSION BATTERY IS DISPOSITIONED AND MANAGED PURSUANT TO THE BATTERY MANAGEMENT HIERARCHY , WHILE ALSO ENSURING THAT ANY PROPULSION BATTERY NO LONGER SUITABLE FOR USE IN A VEHICLE IS ULTIMATELY DIRECTED TO EITHER A REPURPOSER OR A PROPULSION BATTERY RECYCLER .
(27.1) "RUSE "MEANS THE USE OF A PROPULSION BATTERY IN A VEHICLE OTHER THAN THE ORIGINAL VEHICLE INTO WHICH THE PROPULSION BATTERY WAS PLACED .
(27.1) "REUSE "MEANS THE USE OF A PROPULSION BATTERY IN A VEHICLE OTHERTHANTHE ORIGINALVEHICLE INTOWHICHTHEPROPULSION BATTERY WAS PLACED .
-9- 003 (27.2)(a) "ECONDARYHANDLER "MEANSACOMMERCIALENTITY OTHER THAN THE PROPULSION BATTERY PROVIDER THAT TAKES POSSESSION OF A PROPULSION BATTERY OR REMOVES A PROPULSION BATTERYFROMAVEHICLEFORTHEPURPOSEOFSELLING ,DISPOSITIONIN, REPAIRING,REUSING ,OR RECYCLING THE PROPULSION BATTERY WITH A PROPULSION BATTERY RECYCLER .
PAGE 7-SENATE BILL 26-003 (27.2) (a) "ECONDARY HANDLER " MEANS A COMMERCIAL ENTITY OTHERTHANTHEPROPULSIONBATTERYPROVIDERTHATTAKESPOSSESSION OF A PROPULSION BATTERY OR REMOVES A PROPULSION BATTERY FROM A VEHICLE FOR THE PURPOSE OF SELLING ,DISPOSITIONING , REPAIRING, REUSING ,OR RECYCLING THE PROPULSION BATTERY WITH A PROPULSION BATTERY RECYCLER .
(b) "SECONDARY HANDLER " INCLUDES A SOLID WASTE DISPOSAL SITE AND FACILIT.
(b) "SECONDARYHANDLER "INCLUDESASOLIDWASTEDISPOSALSITE AND FACILITY .
(27.3) "SOLID WASTE COLLECTOR "MEANS A PERSON THAT OPERATESCOLLECTIONROUTESFORTHEREMOVALOFSOLIDWASTEFROM RESIDENTIAL, MULTIRESIDENTIAL, COMMERCIAL , OR INDUSTRIAL PREMISES.
(27.3) "SOLIDWASTECOLLECTOR "MEANSAPERSONTHATOPERATES COLLECTION ROUTES FOR THE REMOVAL OF SOLID WASTE FROM RESIDENTIAL ,MULTIRESIDENTIAL ,COMMERCIAL ,ORINDUSTRIALPREMISES .
(27.4) "SLIDWASTEDISPOSALSITEANDFACILITY "HASTHESAME MEANINGAS "SOLIDWASTESDISPOSALSITEANDFACILITY "ASDEFINEDIN SECTION 30-20-101 (8).
(27.4) "SOLID WASTE DISPOSAL SITE AND FACILITY" HAS THE SAME MEANING AS "SOLID WASTES DISPOSAL SITE AND FACILITY" AS DEFINED IN SECTION 30-20-101 (8).
(27.5) "SATEOFCHARGE "MEANSTHEMEASUREOFAPROPULSION BATTERY S REMAINING CAPACITY, EXPRESSED AS A PERCENTAGE OF ITS TOTAL CAPACITY .
(27.5) "STATE OF CHARGE " MEANS THE MEASURE OF A PROPULSION BATTERY 'S REMAINING CAPACITY ,EXPRESSED AS A PERCENTAGE OF ITS TOTAL CAPACITY .
(27.6) "STATE OF HEALTH"MEANS A CALCULATED PARAMETER THAT CORRELATES TO USABLE PROPULSION BATTERY ENERGY FOR THE CERTIFIED RANGE VALUE AND IS NORMALIZED FROM ZERO TO ONE HUNDRED PERCENT .
(27.6) "STATEOFHEALTH "MEANSACALCULATEDPARAMETERTHAT CORRELATESTOUSABLE PROPULSIONBATTERYENERGYFORTHECERTIFIED RANGE VALUE AND IS NORMALIZEDFROM ZERO TO ONE HUNDRED PERCENT .
(30.5) (a) "U NWANTED PROPULSION BATTERY " MEANS A PROPULSION BATTERY THAT IS NO LONGER WANTED BY THE OWNER .
(30.5)(a) "UNWANTEDPROPULSIONBATTERY " MEANSAPROPULSION BATTERY THAT IS NO LONGER WANTED BY THE OWNER .
(b) "UNWANTEDPROPULSIONBATTERY "INCLUDESAPROPULSION BATTERYTHATHASBEENDAMAGED ,INCLUDINGINATHERMALRUNAWAY INCIDENT.
(b) "U NWANTED PROPULSION BATTERY "INCLUDES A PROPULSION BATTERY THAT HAS BEEN DAMAGED ,INCLUDING IN A THERMAL RUNAWAY INCIDENT.
-10- 003 SECTION4.
SECTION 4.
In Colorado RevisedStatutes,25-17-1012,amend (2)(b);
In Colorado Revised Statutes, 25-17-1012, amend (2)(b);
(2) (b) The fund consists of fees paid to the department pursuant to subsection (1)BSECTIONS (1)AND (3) of this section and any other moneythat the general assemblymayappropriate or transfer to the fund.
(2) (b) The fund consists of fees paid to the department pursuant to PAGE 8-SENATE BILL 26-003 subsection(1)SUBSECTIONS (1)AND (3)ofthissectionandanyothermoney that the general assembly may appropriate or transfer to the fund.
(3) (a) (I) N ADDITION TO THE ANNUAL FEE DESCRIBED IN SUBSECTION (3)(b)OF THIS SECTIO,A PROPULSION BATTERY PROVIDER SHALL PAY A PROGRAM INITIATION FEE.
(3) (a) (I) I ADDITION TO THE ANNUAL FEE DESCRIBED IN SUBSECTION (3)(b)OF THIS SECTION,A PROPULSION BATTERY PROVIDER SHALLPAYAPROGRAMINITIATIONFEE .T HEPROGRAMINITIATIONFEEMUST BE SPLIT INTO THREE PAYMENTS ,AND A PROPULSION BATTERY PROVIDER SHALLMAKEONEOFEACHOFTHEPAYMENTSON JULY 1,2027,JULY 1,2028, AND JULY 1, 2029,RESPECTIVELY .
HE PROGRAM INITIATION FEE MUST BE SPLIT INTO THREE PAYMENTS ,AND A PROPULSION BATTERY PROVIDER SHALLMAKE ONE OFEACHOFTHE PAYMENTSON ULY 1,2027, JULY 1, 2028, AND JULY 1, 2029, RESPECTIVELY.
(II) TE PROGRAM INITIATION FEE AMOUNT REQUIREDTOBE PAID BYEACHPROPULSIONBATTERYPROVIDERISBASEDONEACHPROPULSION BATTERY PROVIDER S PERCENTAGE OF ALL PROPULSION BATTERY VEHICLESREGISTEREDINTHESTATE ,ACCORDINGTOREGISTRATIONDATA COLLECTEDBYTHEDIVISIONOFMOTORVEHICLESINTHEDEPARTMENTOF REVENUE AS OF APRIL26, 2026,AS FOLLOWS:
(II) TEPROGRAMINITIATIONFEEAMOUNTREQUIREDTOBEPAIDBY EACH PROPULSION BATTERY PROVIDER IS BASED ON EACH PROPULSION BATTERYPROVIDER 'SPERCENTAGE OFALLPROPULSIONBATTERYVEHICLES REGISTEREDINTHESTATE ACCORDINGTOREGISTRATIONDATACOLLECTED BY THE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT OF REVENUE AS OF APRIL 26, 2026AS FOLLOWS :
(A) A PROPULSION BATTERY PROVIDER THAT ISRESPONSIBLE FOR MORE THAN FIVE PERCENT OF ALL PROPULSION BATTERY VEHICLES REGISTERED IN THE STATE AS OAPRIL26,2026,SHALL PAY A PROGRAM INITIATION FEE OF TWENT-NINE THOUSAND SEVEN HUNDRED DOLLARS , -11- 003 CONSISTING OF THREE SEPARATE PAYMENTS OF NINE THOUSAND NINE HUNDREDDOLLARS ,EACHMADEON JULY 1,2027;JULY1,2028;AND JULY 1, 2029RESPECTIVELY;
(A) A PROPULSION BATTERY PROVIDER THAT IS RESPONSIBLE FOR MORE THAN FIVE PERCENT OF ALL PROPULSION BATTERY VEHICLES REGISTERED IN THE STATE AS OF APRIL 26, 2026,SHALL PAY A PROGRAM INITIATION FEE OF TWENTY NINE THOUSAND SEVEN HUNDRED DOLLARS , CONSISTING OF THREE SEPARATE PAYMENTS OF NINE THOUSAND NINE HUNDRED DOLLARS ,EACH MADE ON JULY 1,2027;JULY 1,2028;
(B) A PROPULSION BATTERY PROVIDER THAT IS RESPONSIBLE FOR MORE THAN TWO PERCENT BUT NO MORE THAN FIVE PERCENT OF ALL PROPULSION BATTERY VEHICLES REGISTERED IN THE STATE AS AFPRIL 26,2026,SHALLPAYAPROGRAMINITIATIONFEEOFFOURTEENTHOUSAND EIGHT HUNDRED FIFTY DOLLARS , CONSISTING OF THREE SEPARATE PAYMENTS OF FOUR THOUSAND NINE HUNDRED FIFTY DOLLARS , EACH MADE ON JULY 1,2027;JULY 1,2028;AND JULY1,2029,RESPECTIVELY ;
AND JULY 1, 2029,RESPECTIVELY;
(C) A PROPULSION BATTERY PROVIDER THAT IS RESPONSIBLE FOR MORETHANONE FIFTHPERCENTBUTNOMORETHANTWOPERCENTOFALL PROPULSION BATTERY VEHICLES REGISTERED IN THE STATE AS AFPRIL 26,2026,SHALLPAYAPROGRAMINITIATIONFEEOFFOURTHOUSANDNINE HUNDREDFIFTYDOLLARS ,CONSISTINGOFTHREESEPARATEPAYMENTSOF ONE THOUSAND SIX HUNDRED FIFTY DOLLARS ,EACH MADE ON JULY 1, 2027;
(B) A PROPULSION BATTERY PROVIDER THAT IS RESPONSIBLE FOR MORE THAN TWO PERCENT BUT NO MORE THAN FIVE PERCENT OF ALL PROPULSION BATTERY VEHICLES REGISTEREDINTHE STATE ASOF A PRIL26, 2026,SHALLPAYAPROGRAMINITIATIONFEEOFFOURTEENTHOUSANDEIGHT HUNDRED FIFTY DOLLARS ,CONSISTING OF THREE SEPARATE PAYMENTS OF FOUR THOUSAND NINE HUNDRED FIFTY DOLLARS ,EACH MADE ON JULY 1, 2027;
ULY 1, 2028AND JULY 1, 2029RESPECTIVELY;AND (D) A PROPULSION BATTERYPROVIDERTHAT IS RESPONSIBLE FOR ONE FIFTH PERCENT OR LESS OF ALL PROPULSION BATTERY VEHICLES REGISTEREDINTHESTATEASOF APRIL26,2026,ISNOTREQUIREDTOPAY A PROGRAM INITIATION FE.
ULY 1, 2028;AND JULY 1, 2029,RESPECTIVELY ;
(IV) ANY GENERAL FUND ALLOCATIONS REQUIRED FOR THE DEPARTMENT TO PROCESS THE PROGRAM INITIATION FEES SHALL BE REIMBURSED TO THE GENERAL FUND THE FOLLOWING YEAR USING THE MONEY GATHERED FROM THE PROGRAM INITIATION FEES.
(C) A PROPULSION BATTERY PROVIDER THAT IS RESPONSIBLE FOR MORE THAN ONE FIFTH PERCENT BUT NO MORE THAN TWO PERCENT OF ALL PROPULSIONBATTERYVEHICLES REGISTEREDIN THE STATE ASOF A PRIL26, 2026, SHALL PAY A PROGRAM INITIATION FEE OF FOUR THOUSAND NINE PAGE 9-SENATE BILL 26-003 HUNDRED FIFTY DOLLARS ,CONSISTING OF THREE SEPARATE PAYMENTS OF ONETHOUSANDSIXHUNDREDFIFTYDOLLARS ,EACHMADEON JULY 1,2027;
(V) A PROPULSION BATTERY PROVIDER IS NOT REQUIRED TO PAY THEPROGRAMINITIATIONFEEWHENTHEPROPULSIONBATTERYPROVIDER -12- 003 SEEKS TO UPDATE THEIR REGISTRATION INFORMATION THAT THEY PREVIOUSLY PROVIDED TO THE EXECUTIVE DIRECTOR PURSUANT TO SECTION 25-17-1019 (1)(a).
JULY 1, 2028AND JULY 1, 2029RESPECTIVELY ;AND (D) A PROPULSION BATTERY PROVIDER THAT IS RESPONSIBLE FOR ONE FIFTH PERCENT OR LESS OF ALL PROPULSION BATTERY VEHICLES REGISTERED IN THE STATE AS OFAPRIL 26, 2026IS NOT REQUIRED TO PAY A PROGRAM INITIATION FEE.
(b)(I) OORBEFORE JULY1,2030,ANDONORBEFOREEACH JULY 1 THEREAFTER ,A PROPULSION BATTERY PROVIDER SHALL PAY TO THE DEPARTMENT AN ANNUAL FEE TO COVER THE DEPARTMENT S COST OF IMPLEMENTING ,ADMINISTERING,AND ENFORCING SECTION 25-17-1019.
(III) ANY GENERAL FUND ALLOCATIONS REQUIRED FOR THE DEPARTMENT TO PROCESS THE PROGRAM INITIATION FEES SHALL BE REIMBURSED TO THE GENERAL FUND THE FOLLOWING YEAR USING THE MONEY GATHERED FROM THE PROGRAM INITIATION FEES .
THE STATE TREASURER SHALL CREDIT THE ANNUAL FEES TO THE FUND, ANDTHEDEPARTMENTSHALLUSETHEFEESFORCOSTSASSOCIATEDWITH THE ADMINISTRATION OF SECTION25-17-1019.
(IV) A PROPULSION BATTERY PROVIDER IS NOT REQUIRED TO PAY THE PROGRAM INITIATION FEE WHEN THE PROPULSION BATTERY PROVIDER SEEKS TO UPDATE THEIR REGISTRATION INFORMATION THAT THEY PREVIOUSLYPROVIDEDTOTHEEXECUTIVEDIRECTORPURSUANTTOSECTION 25-17-1019 (1)(a).
(II) ON OR BEFORE JULY 1, 2029,THE COMMISSION SHALL ESTABLISHTHEANNUALFEEAMOUNTBYRULE .THEFEEAMOUNTMUSTBE BASED ON FACTORS SUCH AS THE PROPULSION BATTERY PROVIDER S RELATIVE MARKET SHARE OF PROPULSION BATTERIES IN THE STATE AND THE NUMBER OF UNWANTED PROPULSION BATTERIES COLLECTED BY THE PROPULSION BATTERY PROVIDER .
(b) (I) O OR BEFORE JULY 1,2030,AND ON OR BEFORE EACH JULY THEREAFTER , A PROPULSION BATTERY PROVIDER SHALL PAY TO THE DEPARTMENT AN ANNUAL FEE TO COVER THE DEPARTMENT S COST OF IMPLEMENTING ,ADMINISTERING ANDENFORCINGSECTION 25-17-1019.T HE STATE TREASURER SHALLCREDIT THE ANNUALFEES TO THE FUND ,AND THE DEPARTMENT SHALL USE THE FEES FOR COSTS ASSOCIATED WITH THE ADMINISTRATION OF SECTION 25-17-1019.
THE SUM OF ANNUAL FEES PAID BY PROPULSION BATTERY PROVIDERS THAT ARE REGISTERED PURSUANT TO SECTION 25-17-1019 (1)(aAND FEES PAID BY SECONDARY HANDLERS PURSUANT TO SECTION 25-17-1015 (2)(d) MUST COVER THE DEPARTMENT 'S ANNUAL COSTS OF ADMINISTERING SECTIO25-17-1019 STARTING IN 2030 AND MUST NOT EXCEED ONE HUNDRED FORTY THOUSAND DOLLARS ACROSS ALL PARTICIPATING ENTITIES .
(II) OORBEFORE ULY 1,2029,THECOMMISSIONSHALLESTABLISH THE ANNUAL FEE AMOUNT BY RULE .
ASINGLE PROPULSION BATTERY PROVIDER SHALL NOT BE REQUIRED TO PAY MORE THAN TEN PERCENT OF THE TOTAL AMOUNT OF ANNUAL FEES.
HE FEE AMOUNT MUST BE BASED ON FACTORSSUCHASTHEPROPULSIONBATTERYPROVIDER 'SRELATIVEMARKET SHARE OF PROPULSION BATTERIES IN THE STATE AND THE NUMBER OF UNWANTED PROPULSION BATTERIES COLLECTED BY THE PROPULSION BATTERY PROVIDER .
THE SUM OF ANNUAL FEES PAID BY PROPULSION BATTERY PROVIDERS THAT ARE REGISTERED PURSUANT TO SECTION 25-17-1019 (1)(aAND FEES PAID BY SECONDARY HANDLERS PURSUANT TO SECTION 25-17-1015(2)(dMUSTCOVERTHEDEPARTMENT 'SANNUALCOSTS OF ADMINISTERING SECTION 25-17-1019 STARTING IN2030 AND MUST NOT EXCEED ONE HUNDRED FORTY THOUSAND DOLLARS ACROSS ALL PARTICIPATINGENTITIES.A SINGLE PROPULSIONBATTERYPROVIDERSHALL PAGE 10-SENATE BILL 26-003 NOT BE REQUIREDTOPAYMORE THANTENPERCENTOFTHETOTALAMOUNT OF ANNUAL FEES .
Enforcement-responsibilitiesofthepartment.
Enforcement - responsibilities of the department.
-13- 003 2 (1) For violations related to covered batteries,LSION BATTERIES, and the management of universal waste pursuant to this part 10, the enforcement process is conducted pursuant to section 25-15-308 and rules adopted by the commission in accordance with section 25-15-302.
(1) For violations related to covered batteries,ROPULSION BATTERIES,andthemanagementofuniversalwastepursuanttothispart10, the enforcement process is conducted pursuant to section 25-15-308 and rules adopted by the commission in accordance with section 25-15-302.
(2) TIMPLEMENTSECTION 25-17-1019,THEDEPARTMENTSHALL :
(2) TO IMPLEMENT SECTION 25-17-1019, THE DEPARTMENT SHALL :
(a) NOTIFY SOLID WASTE COLLECTORS THAT THE DISPOSAL OF PROPULSION BATTERIES IN LANDFILLS IS PROHIBITED AND THAT SECONDARYHANDLERSCANCONTACTAPROPULSIONBATTERYPROVIDER OR REMANUFACTURER TO TAKE RESPONSIBILITY FOR AN UNWANTED PROPULSION BATTERY ;
(a) N OTIFY SOLID WASTE COLLECTORS THAT THE DISPOSAL OF PROPULSIONBATTERIESINLANDFILLSISPROHIBITEDANDTHATSECONDARY HANDLERS CAN CONTACT A PROPULSION BATTERY PROVIDER OR REMANUFACTURER TO TAKE RESPONSIBILITY FOR AN UNWANTED PROPULSION BATTERY ;
(b) DETERMINE HOW TO PROCEED IF THE FEDERAL GOVERNMENT ENACTS A LAW OR ADOPTS REGULATIONS PERTAINING TO PROPULSION BATTERIES THAT MAY IMPACT THE REQUIREMENTS OF SECTION 25-17-1019;
(b) D ETERMINE HOW TO PROCEED IF THE FEDERAL GOVERNMENT ENACTS A LAW OR ADOPTS REGULATIONS PERTAINING TO PROPULSION BATTERIESTHATMAYIMPACTTHEREQUIREMENTSOFSECTION 25-17-1019;
(c) PROVIDE A LINK ON THE DEPARTMENTS PUBLIC WEBSITE TO EACH PROPULSION BATTERY PROVIDERS WEBSITE IN ORDER TO EXPEDITE THE COLLECTION OF UNWANTED PROPULSION BATTERIES;
(c) PROVIDEALINKONTHEDEPARTMENT SPUBLICWEBSITETOEACH PROPULSION BATTERY PROVIDER 'S WEBSITE IN ORDER TO EXPEDITE THE COLLECTION OF UNWANTED PROPULSION BATTERIES ;
(d) A SSESS THE ANNUAL REPORTS SUBMITTED PURSUANT TO SECTION 25-17-1019 (9)TO DETERMINE WHETHER ANY SECONDARY HANDLERS REQUIRED THE COLLECTION OF TEN OR MORE UNWANTED PROPULSION BATTERIES IN A GIVEN YEAR AND , IF SO, ASSESS A COLLECTION CHARGE OF ONE THOUSAND DOLLARS TO BE PAID TO THE DEPARTMENT BYTHE SECONDARYHANDLERANDCREDITEDTOWARDTHE ANNUALFEE AMOUNTTO REDUCE THE AMOUNT OFPROPULSION BATTERY PROVIDER ANNUAL FEES;
(d) ASSESSTHEANNUALREPORTSSUBMITTEDPURSUANTTOSECTION 25-17-1019 (9) TO DETERMINE WHETHER ANY SECONDARY HANDLERS REQUIRED THE COLLECTION OF TEN OR MORE UNWANTED PROPULSION BATTERIES IN A GIVEN YEAR AND,IF S,ASSESS A COLLECTION CHARGE OF ONE THOUSAND DOLLARS TO BE PAID TO THE DEPARTMENT BY THE SECONDARYHANDLERANDCREDITEDTOWARDTHEANNUALFEEAMOUNTTO REDUCE THE AMOUNT OF PROPULSION BATTERY PROVIDER ANNUAL FEES ;
-14- 003 (e) ROVIDE A LINK ON THE DEPARTMENTS PUBLIC WEBSITE TO A DIGITAL REGISTRATION FORM THAT AN ENTITY CAN USE TO REGISTER PURSUANT TO SECTION 25-17-1019 (1);
(e) PROVIDE A LINK ON THE DEPARTMENT S PUBLIC WEBSITE TO A DIGITAL REGISTRATION FORM THAT AN ENTITY CAN USE TO REGISTER PURSUANT TO SECTION 25-17-1019 (1);
(f) C OMPILE A LIST OF ENTITIES REGISTERED PURSUANT TO SECTION 25-17-1019(1)AND MAKE THE LIST AVAILABLE UPON REQUES;
PAGE 11-SENATE BILL 26-003 (f) COMPILE A LIST OFENTITIES REGISTERED PURSUANT TO SECTION 25-17-1019 (1)AND MAKE THE LIST AVAILABLE UPON REQUEST ;AND (g) C ONDUCT AN EMAIL SURVEY WITH ENTITIES REGISTERED PURSUANT TO SECTION 25-17-1019 (1)AND SOLID WASTE DISPOSAL SITES AND FACILITIES TO REQUEST FEEDBACK ON THE FUNCTIONING OF THE PROPULSION BATTERY RECYCLING PROGRAM SET FORTH IN SECTION 25-17-1019 TO UNDERSTAND THEIR EXPERIENCE ,ANY KNOWLEDGE OF ORPHANEDBATTERIES ,ANDANYRECOMMENDEDPROGRAMIMPROVEMENTS .
AND (g) C ONDUCT AN EMAIL SURVEY WITH ENTITIES REGISTERED PURSUANT TO SECTION25-17-1019(1)ANDSOLIDWASTE DISPOSALSITES AND FACILITIES TO REQUEST FEEDBACK ON THE FUNCTIONING OF THE PROPULSION BATTERY RECYCLING PROGRAM SET FORTH IN SECTION 25-17-1019 TO UNDERSTAND THEIR EXPERIENCE,ANY KNOWLEDGE OF ORPHANED BATTERIES , AND ANY RECOMMENDED PROGRAM IMPROVEMENTS .
BASED ON THE FINDINGS OF THE SURVEY,THE DEPARTMENT SHALL ASSESS THE EFFECTIVENESS OF THE RESPONSIBILITY FRAMEWORK OUTLINED IN SECTION 25-17-1019TOCOLLECT UNWANTEDPROPULSIONBATTERIES .THE DEPARTMENT SHALL INCLUDE A SUMMARY OF THE SURVEY FINDINGS AND THEDEPARTMENT 'SASSESSMENTWITHTHEAGGREGATEDNONPROPRIETARY DATAPOSTEDANNUALLYONTHEDEPARTMENT 'SPUBLICWEBSITEPURSUANT TO SUBSECTION (3)OF THIS SECTIO.
B ASED ON THE FINDINGS OF THE SURVEY , THE DEPARTMENT SHALL ASSESS THE EFFECTIVENESS OF THE RESPONSIBILITY FRAMEWORK OUTLINED IN SECTION 25-17-1019TO COLLECT UNWANTED PROPULSION BATTERIES.
(3) T HE DEPARTMENT SHALL INCLUDE THE AGGREGATED NONPROPRIETARYDATACOLLECTEDONPROPULSIONBATTERIESPURSUANT TO SECTION 25-17-1019 (9WITH THE DATA ON RECYCLING ,SOLID WASTE , ANDSOLIDWASTEDIVERSIONTHATISCOLLECTEDANDREPORTEDANNUALLY BYTHEDEPARTMENTTOTHESTANDINGCOMMITTEEOFREFERENCEINEACH HOUSE OF THE GENERAL ASSEMBLY EXERCISING JURISDICTION OVER MATTERS CONCERNING PUBLIC HEALTH AND THE ENVIRONMENT PURSUANT TO SECTION 30-20-122 (1AND SHALL ANNUALLY POST THE DATA ON THE DEPARTMENT S PUBLIC WEBSITE.
HE DEPARTMENT SHALL INCLUDE A SUMMARY OFTHESURVEYFINDINGSANDTHEDEPARTMENT SASSESSMENTWITHTHE AGGREGATED NONPROPRIETARY DATA POSTED ANNUALLY ON THE DEPARTMENT 'S PUBLIC WEBSITE PURSUANT TO SUBSECTION(3)OF THIS SECTION.
(4) NOTHING INTHISPART 10 EXEMPTSA PERSON FROM COMPLYING WITH ANY OTHER APPLICABLE LOCAL ,STATE ,OR FEDERAL LAWS OR REGULATORY REQUIREMENTS .
(3) T HE DEPARTMENT SHALL INCLUDE THE AGGREGATED NONPROPRIETARY DATA COLLECTED ON PROPULSION BATTERIES PURSUANT TO SECTION 25-17-1019 (9WITH THE DATA ON RECYCLING , SOLID WASTE, AND SOLID WASTE DIVERSION THAT IS COLLECTED AND REPORTEDANNUALLYBYTHEDEPARTMENTTOTHESTANDINGCOMMITTEE OF REFERENCE IN EACH HOUSE OF THE GENERAL ASSEMBLY EXERCISING JURISDICTION OVER MATTERS CONCERNING PUBLIC HEALTH AND THE -15- 003 ENVIRONMENT PURSUANT TO SECTION 30-20-122 (1) AND SHALL ANNUALLY POST THE DATA ON THE DEPARTMENT S PUBLIC WEBSIT.
SECTION 6.
(4) N OTHING IN THIS PART 10 EXEMPTS A PERSON FROM COMPLYING WITH ANY OTHER APPLICABLE LOCAL ,STATE ,OR FEDERAL LAWS OR REGULATORY REQUIREMENTS .
In Colorado Revised Statutes, add 25-17-1019 and 25-17-1020 as follows:
SECTION6.
InColoradoRevisedStatutes,add25-17-1019and 25-17-1020 as follows:
Propulsion batteries - propulsion battery providers - remanufacturers - secondary handlers - public outreach and education - collection of unwanted propulsion batteries - reporting requirement - marking and labeling requirements - solid waste disposal site and facility disposal prohibited.
Propulsionbatteries-propulsionbatteryproviders - remanufacturers - secondary handlers - public outreach and education - collection of unwanted propulsion batteries - reporting requirement-markingandlabelingrequirements-solidwastedisposal site and facility disposal prohibited.
(1) (a) ON OR BEFORE JULY 1, 2027A PROPULSION BATTERY PROVIDER SHALL REGISTER WITH THE DEPARTMENT B:
PAGE 12-SENATE BILL 26-003 (1) (a) O N OR BEFORE JULY 1, 2027, A PROPULSION BATTERY PROVIDER SHALL REGISTER WITH THE DEPARTMENT BY :
(I) POVIDINGTOTHEDEPARTMENT ,THROUGHINFORMALDIGITAL CORRESPONDENCE OR BY SUBMITTING A DIGITAL FOR,THE PROPULSION BATTERYPROVIDER 'SBUSINESSNAME CONTACTINFORMATION ,ADDRESS , AND BUSINESS DESCRIPTIO;AND (II) NFORMING THE DEPARTMENT WHETHER THE PROPULSION BATTERY PROVIDER PLANS TO FILE ITS EDUCATION AND OUTREACH PLAN INDIVIDUALLY OR AS PART OF A GROUP OF PROPULSION BATTERY PROVIDERS.
(I) PROVIDING TO THE DEPARTMENT ,THROUGH INFORMAL DIGITAL CORRESPONDENCE OR BY SUBMITTING A DIGITAL FORM ,THE PROPULSION BATTERY PROVIDER 'S BUSINESS NAME,CONTACT INFORMATION ,ADDRESS , AND BUSINESS DESCRIPTION;AND (II) INFORMING THE DEPARTMENT WHETHER THE PROPULSION BATTERY PROVIDER PLANS TO FILE ITS EDUCATION AND OUTREACH PLAN INDIVIDUALLYORASPARTOFAGROUPOFPROPULSIONBATTERYPROVIDERS .
A PROPULSION BATTERY PROVIDER INTENDING TO FILE AS PARTOFAGROUPSHALLPROVIDETOTHEDEPARTMENTTHENAMESOFTHE OTHER PROPULSION BATTERY PROVIDERS IN THE GROUP,IF FEASIBL.
A PROPULSIONBATTERYPROVIDERINTENDINGTOFILE ASPART OFA GROUP SHALLPROVIDETOTHEDEPARTMENTTHENAMESOFTHEOTHERPROPULSION BATTERY PROVIDERS IN THE GROUP ,IF FEASIBL.
A PROPULSION BATTERY PROVIDER MAY PARTICIPATE IN A GROUP EDUCATION AND OUTREACH PLAN WITHOUT PARTICIPATING IN GROUP PROPULSION BATTERY COLLECTION ACTIVITIE.
APROPULSION BATTERY PROVIDER MAY PARTICIPATE IN A GROUP EDUCATION AND OUTREACH PLAN WITHOUT PARTICIPATING IN GROUP PROPULSION BATTERY COLLECTION ACTIVITIES.
-16- 003 (b) AREMANUFACTURERORREPURPOSERMAYELECTTOREGISTER WITHTHEDEPARTMENTATANYTIMEBYPROVIDING ,THROUGHINFORMAL DIGITAL CORRESPONDENCE OR BY SUBMITTING A DIGITAL FORM , THE ENTITY'S BUSINESS NAME , CONTACT INFORMATION , ADDRESS, AND BUSINESS DESCRIPTION.
(b) A REMANUFACTURER OR REPURPOSER MAY ELECT TO REGISTER WITH THE DEPARTMENT AT ANY TIME BY PROVIDING ,THROUGH INFORMAL DIGITAL CORRESPONDENCE OR BY SUBMITTING A DIGITAL FORM ,THE ENTITY'SBUSINESSNAME ,CONTACTINFORMATION ,ADDRESS ,ANDBUSINESS DESCRIPTION.
A REMANUFACTURER OR REPURPOSER IS NOT REQUIRED TO PAY THE REGISTRATION FE.
A REMANUFACTURER OR REPURPOSER IS NOT REQUIRED TO PAY THE REGISTRATION FEE.
(c) BEFORE AN UNWANTED PROPULSION BATTERY IS COLLECTED FROM A SECONDARY HANDLER BY A PROPULSION BATTERY PROVIDER OR REMANUFACTURER ,THESECONDARYHANDLERSHALLREGISTERWITHTHE DEPARTMENT BY PROVIDING TO THE DEPARTMENT ,THROUGH INFORMAL DIGITAL CORRESPONDENCE OR BY SUBMITTING A DIGITAL FORM , THE SECONDARY HANDLER S BUSINESS NAME , CONTACT INFORMATION , ADDRESS ,AND BUSINESS DESCRIPTION.
(c) B EFORE AN UNWANTED PROPULSION BATTERY IS COLLECTED FROM A SECONDARY HANDLER BY A PROPULSION BATTERY PROVIDER OR REMANUFACTURER ,THE SECONDARY HANDLER SHALL REGISTER WITH THE DEPARTMENT BY PROVIDING TO THE DEPARTMENT ,THROUGH INFORMAL DIGITAL CORRESPONDENCE OR BY SUBMITTING A DIGITAL FORM ,THE SECONDARYHANDLER SBUSINESSNAME ,CONTACTINFORMATION ADDRESS , AND BUSINESS DESCRIPTION.A SECONDARY HANDLER IS NOT REQUIRED TO PAY THE REGISTRATION FEE.
ASECONDARY HANDLER IS NOT REQUIRED TO PAY THE REGISTRATION FE.
(2) O N OR BEFORE JANUARY 2, 2029,A PROPULSION BATTERY PROVIDERORGROUPOFPROPULSIONBATTERYPROVIDERSSHALLSUBMITTO THE EXECUTIVE DIRECTOR AN EDUCATION AND OUTREACH PLAN .
(2) O N OR BEFORE JANUARY 2, 2029,A PROPULSION BATTERY PROVIDER OR GROUP OFPROPULSION BATTERYPROVIDERSSHALLSUBMIT TO THE EXECUTIVE DIRECTOR AN EDUCATION AND OUTREACH PLAN.T HE EDUCATION AND OUTREACH PLAN MUST :
THE EDUCATION AND OUTREACH PLAN MUST :
(a) NCLUDEAPUBLICEDUCATIONANDOUTREACHSTRATEGYFOR SECONDARY HANDLERS THAT DESCRIBES :
(a) INCLUDE A PUBLIC EDUCATION AND OUTREACH STRATEGY FOR PAGE 13-SENATE BILL 26-003 SECONDARY HANDLERS THAT DESCRIBES :
(I) T HE SOLID WASTE DISPOSAL SITE AND FACILITY BAN IN SUBSECTION (12)OF THIS SECTIO;
(I) THE SOLID WASTE DISPOSAL SITE AND FACILITY BAN IN SUBSECTION (12) OF THIS SECTIO;
(II) T HE REQUIREMENTS FOR SECONDARY HANDLERS IN SUBSECTION (10)OF THIS SECTIO;
(II) TEREQUIREMENTSFORSECONDARYHANDLERSINSUBSECTION (10)OF THIS SECTION;
(III) TE PROCESS FOR HOWA SECONDARY HANDLER CAN NOTIFY THE PROPULSION BATTERY PROVIDER THAT AN UNWANTED PROPULSION BATTERY NEEDS COLLECTION ;AND -17- 003 (IV) INFORMATION ABOUT SECONDARYHANDLERREGISTRATION , INCLUDING A LINK TO THE REGISTRATION FORM CREATED BY THE DEPARTMENT PURSUANT TO SECTION 25-17-1015 (2)(e);
(III) THE PROCESS FOR HOW A SECONDARY HANDLER CAN NOTIFY THE PROPULSION BATTERY PROVIDER THAT AN UNWANTED PROPULSION BATTERY NEEDS COLLECTION ;AND (IV) INFORMATION ABOUT SECONDARY HANDLER REGISTRATION , INCLUDING A LINK TO THE REGISTRATION FORM CREATED BY THE DEPARTMENT PURSUANT TO SECTION 25-17-1015 (2)(e);
(b) SPECIFYHOWTHEPROPULSIONBATTERYPROVIDER SCONTACT INFORMATION FOR SECONDARY HANDLERS CAN BE ACCESSED ;
(b) SPECIFY HOW THE PROPULSION BATTERY PROVIDER 'S CONTACT INFORMATION FOR SECONDARY HANDLERS CAN BE ACCESSED ;
(c) INCLUDE INFORMATION THAT THE PROPULSION BATTERY PROVIDER REQUIRES TO DETERMINE THE ELIGIBILITY OF A PROPULSION BATTERY THAT NEEDS COLLECTION ,INCLUDING:
(c) INCLUDE INFORMATION THAT THE PROPULSION BATTERY PROVIDER REQUIRES TO DETERMINE THE ELIGIBILITY OF A PROPULSION BATTERY THAT NEEDS COLLECTION ,INCLUDING :
(I) CONFIRMATIONTHATTHEBATTERYISAPROPULSIONBATTERY THAT HAS BEEN REMOVED FROM A VEHICLE ;
(I) CONFIRMATION THAT THE BATTERY IS A PROPULSION BATTERY THAT HAS BEEN REMOVED FROM A VEHICLE ;
(II) CONFIRMATION THAT ,TO THE BEST OF THE SECONDARY HANDLER 'S KNOWLEDGE ,THE PROPULSION BATTERY HAS NOT BEEN MODIFIED OR TAKEN APART ;
(II) CONFIRMATION THAT , TO THE BEST OF THE SECONDARY HANDLER 'S KNOWLEDGE , THE PROPULSION BATTERY HAS NOT BEEN MODIFIED OR TAKEN APART ;
(III) CONFIRMATION THAT THE PROPULSION BATTERY IS FULLY OWNED BY THE SECONDARY HANDLER WITH NO KNOWN PENDING CLAIMS FOR LOSS OR DAMAGES BY AN INSURANCE PROVIDER ;
(III) CONFIRMATION THAT THE PROPULSION BATTERY IS FULLY OWNEDBYTHESECONDARYHANDLERWITHNOKNOWNPENDINGCLAIMSFOR LOSS OR DAMAGES BY AN INSURANCE PROVIDER ;
(IV) THE MAKE ,MODEL ,AND YEAR OF THE VEHICLE FROM WHICH THE PROPULSION BATTERY CAME ,IF AVAILABLE;
(IV) T HE MAKE ,MODEL ,AND YEAR OF THE VEHICLE FROM WHICH THE PROPULSION BATTERY CAME ,IF AVAILABLE;
(V) THE DIMENSIONS AND WEIGHT OFTHE PROPULSION BATTERY , IF AVAILABLE;
(V) T HE DIMENSIONS AND WEIGHT OF THE PROPULSION BATTERY ,IF AVAILABLE ;
(VI) A PHOTOGRAPH OF THE PROPULSION BATTERY AND A PHOTOGRAPH OF THE LABEL ON THE PROPULSION BATTERY ;
PAGE 14-SENATE BILL 26-003 (VI) A PHOTOGRAPH OF THE PROPULSION BATTERY AND A PHOTOGRAPH OF THE LABEL ON THE PROPULSION BATTERY ;
(VIII) A COPY OF THE SECONDARY HANDLER 'S FEDERAL DEPARTMENT OF TRANSPORTATION HAZMAT TRANSPORTATION SHIPPING -18- 003 CERTIFICATION,IF AVAILABL;AND (IX) SECONDARY HANDLER REGISTRATION INFORMATION ;AND (d) DESCRIBEHOWSECONDARYHANDLERSANDFIRSTRESPONDERS CAN ACCESS EMERGENCY RESPONSE GUIDES FOR ELECTRIC VEHICLES.
(VIII) A COPY OF THE SECONDARY HANDLER S FEDERAL DEPARTMENT OF TRANSPORTATION HAZMAT TRANSPORTATION SHIPPING CERTIFICATION,IF AVAILABLE;AND (IX) SECONDARY HANDLER REGISTRATION INFORMATION ;AND (d) DESCRIBE HOW SECONDARY HANDLERS AND FIRST RESPONDERS CAN ACCESS EMERGENCY RESPONSE GUIDES FOR ELECTRIC VEHICLES .
(3) ON AND AFTER ULY 1, 2029,A PROPULSION BATTERY PROVIDER SHALL NOT SELL,MAKE AVAILABLE FOR SALE,OR DISTRIBUTE A PROPULSION BATTERY IN OR INTO THE STATE UNLESS THE PROPULSION BATTERYPROVIDERHASSUBMITTEDANEDUCATIONANDOUTREACHPLAN TO THE EXECUTIVE DIRECTOR IN ACCORDANCE WITH SUBSECTION (2)OF THIS SECTION.
(3) ON ANDAFTER JULY 1,2029,APROPULSIONBATTERYPROVIDER SHALLNOTSELL ,MAKEAVAILABLEFORSALE ,ORDISTRIBUTEAPROPULSION BATTERY IN OR INTO THE STATE UNLESS THE PROPULSION BATTERY PROVIDER HAS SUBMITTED AN EDUCATION AND OUTREACH PLAN TO THE EXECUTIVE DIRECTOR IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION.
(4) A PROPULSION BATTERY PROVIDER SHALL DEVELOP AND MAINTAINONEORMOREWEBSITESOREQUIVALENTMEANS ,AVAILABLEIN BOTH E NGLISH AND SPANISH,THAT INCLUDE THE INFORMATION IN THE PROPULSION BATTERY PROVIDER S EDUCATION AND OUTREACH PLAN.A T LEAST ONE WEBSITE MUST INCLUDE THE FOLLOWING:
(4) A PROPULSION BATTERY PROVIDER SHALL DEVELOP AND MAINTAIN ONE OR MORE WEBSITES OR EQUIVALENT MEANS ,AVAILABLE IN BOTH ENGLISH AND SPANISH, THAT INCLUDE THE INFORMATION IN THE PROPULSION BATTERY PROVIDER S EDUCATION AND OUTREACH PLAN .
(a) ALINKTOTHEPROPULSIONBATTERYPROVIDER SEMERGENCY RESPONSE GUIDES FOR ELECTRIC VEHICLE;
AT LEAST ONE WEBSITE MUST INCLUDE THE FOLLOWING :
(b) TEPROPULSIONBATTERYPROVIDER SCONTACTINFORMATION FOR SECONDARY HANDLERS ;AND (c) ISTRUCTIONSFORHOWSECONDARYHANDLERSCANPROVIDE THEINFORMATIONDESCRIBEDINSUBSECTION (2)(a)(IIOFTHISSECTION FORAPROPULSIONBATTERYPROVIDERTODETERMINETHEELIGIBILITYOF AN UNWANTED PROPULSION BATTERY .
(a) A LINK TO THE PROPULSION BATTERY PROVIDER S EMERGENCY RESPONSE GUIDES FOR ELECTRIC VEHICLES;
(5) A PROPULSION BATTERY PROVIDER SHALL:
(b) THE PROPULSION BATTERY PROVIDER 'S CONTACT INFORMATION FOR SECONDARY HANDLERS ;AND (c) INSTRUCTIONS FOR HOW SECONDARY HANDLERS CAN PROVIDE THE INFORMATION DESCRIBED IN SUBSECTION (2)(a)(IIOF THIS SECTION FOR A PROPULSION BATTERY PROVIDER TO DETERMINE THE ELIGIBILITY OF AN UNWANTED PROPULSION BATTERY .
(a) EXCEPT AS PROVIDED IN SUBSECTIO(5)(cOF THIS SECTIO, UPONRECEIVINGNOTIFICATIONINACCORDANCE WITHTHENOTIFICATION PROCESS OUTLINED IN SUBSECTION(2)(a)(IIOF THIS SECTION THAT AN -19- 003 UNWANTED PROPULSION BATTERY NEEDS COLLECTION ,RETRIEVE THE BATTERYANDENSURERESPONSIBLEPROPULSIONBATTERYMANAGEMENT .
PAGE 15-SENATE BILL 26-003 (5) A PROPULSION BATTERY PROVIDER SHALL :
(a) EXCEPT AS PROVIDED IN SUBSECTION (5)(c)OF THIS SECTIO, UPON RECEIVING NOTIFICATION IN ACCORDANCE WITH THE NOTIFICATION PROCESS OUTLINED IN SUBSECTION (2)(a)(IIOF THIS SECTION THAT AN UNWANTED PROPULSION BATTERY NEEDS COLLECTION , RETRIEVE THE BATTERY AND ENSURE RESPONSIBLE PROPULSION BATTERY MANAGEMENT .
(I) WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM A SECONDARY HANDLER ,UNLESS MUTUALLY AGREEABLE TERMS FOR A LONGER COLLECTION TIMELINE ARE MADE WITH A SECONDARY HANDLER OR THERE IS AN UNEXPECTED DELAY DUE TO CIRCUMSTANCES FORCE MAJEURE ;AND (II) WITHIN THIRTY DAYS AFTER RECEIVING NOTIFICATION FROM A SOLID WASTE DISPOSAL SITE AND FACIL;TY (b) ENSURE THE RESPONSIBLE PROPULSION BATTERY MANAGEMENTOFALLPROPULSIONBATTERIESWITHINTHEPOSSESSIONOF THEPROPULSIONBATTERYPROVIDERINACCORDANCEWITHTHEBATTERY MANAGEMENT HIERARCHY ;
(I) W ITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM A SECONDARY HANDLER , UNLESS MUTUALLY AGREEABLE TERMS FOR A LONGERCOLLECTIONTIMELINEAREMADEWITHASECONDARYHANDLEROR THEREISANUNEXPECTEDDELAYDUETOCIRCUMSTANCESFORCEMAJEURE ;
(c) FLLYFUNDTHECOSTSOFTHECOLLECTIONOFANUNWANTED PROPULSIONBATTERYOFFEREDBYASECONDARYHANDLER ;EXCEPTTHAT A PROPULSION BATTERY PROVIDER IS NOT RESPONSIBLE FOR THE COLLECTION OF A PROPULSION BATTERY THA:
AND (II) WITHIN THIRTY DAYS AFTER RECEIVING NOTIFICATION FROM A SOLID WASTE DISPOSAL SITE AND FACILITY (b) ENSURETHERESPONSIBLE PROPULSIONBATTERYMANAGEMENT OFALLPROPULSIONBATTERIESWITHINTHEPOSSESSIONOFTHEPROPULSION BATTERY PROVIDER IN ACCORDANCE WITH THE BATTERY MANAGEMENT HIERARCHY ;
(I) HSBEENREMANUFACTUREDBYAREMANUFACTURER ,UNLESS THE REMANUFACTURER IS IN A CONTRACTUAL RELATIONSHIP WITH THE PROPULSIONBATTERYPROVIDERANDTHECONTRACTPROVIDESTHATTHE PROPULSION BATTERY PROVIDER RETAINS RESPONSIBILITY FOR RESPONSIBLE PROPULSION BATTERY MANAGEMENT ;
(c) FULLY FUND THE COSTS OF THE COLLECTION OF AN UNWANTED PROPULSION BATTERY OFFERED BY A SECONDARY HANDLER ;EXCEPT THAT APROPULSIONBATTERYPROVIDERISNOTRESPONSIBLEFORTHECOLLECTION OF A PROPULSION BATTERY THAT :
(II) HAS BEEN REPURPOSED BY A REPURPOSER , UNLESS THE REPURPOSER IS IN A CONTRACTUAL RELATIONSHIP WITH THE PROPULSION BATTERYPROVIDERANDTHECONTRACTPROVIDESTHATTHEPROPULSION -20- 003 BATTERY PROVIDER RETAINS RESPONSIBILITY FOR RESPONSIBLE PROPULSION BATTERY MANAGEMENT ;
(I) HAS BEEN REMANUFACTURED BY A REMANUFACTURER ,UNLESS THE REMANUFACTURER IS IN A CONTRACTUAL RELATIONSHIP WITH THE PROPULSION BATTERY PROVIDER AND THE CONTRACT PROVIDES THAT THE PROPULSIONBATTERYPROVIDERRETAINSRESPONSIBILITYFORRESPONSIBLE PROPULSION BATTERY MANAGEMENT ;
(III) HS BEEN DISASSEMBLED INTO MODULES OR CELL;OR (IV) IS CONTAINED WITHIN A VEHICLE OR PRODUCT THAT IS DIRECTLY OWNED OR CONTROLLED BY AN INSURANCE COMPANY ;AND (d) PROVIDE THE STATE OF HEALTH OF A PROPULSION BATTERY EMBEDDEDINAVEHICLETHROUGHTHEVEHICLE 'SINVEHICLEDISPLAYOR THROUGHANONPROPRIETARY ON -BOARD DIAGNOSTIC SCANTOOL FORA VEHICLE THAT IS MODEL YEAR2028 OR LATER.
(II) HAS BEEN REPURPOSED BY A REPURPOSER , UNLESS THE REPURPOSER IS IN A CONTRACTUAL RELATIONSHIP WITH THE PROPULSION BATTERY PROVIDER AND THE CONTRACT PROVIDES THAT THE PROPULSION BATTERYPROVIDERRETAINSRESPONSIBILITYFORRESPONSIBLEPROPULSION BATTERY MANAGEMENT ;
APROPULSION BATTERY PROVIDER MAY ,BUT IS NOT REQUIRED TO, SUPPLY STATE OF HEALTH INFORMATION FOR A PROPULSION BATTERY THAT HAS BEEN REMOVED FROM OR IS OUTSIDE OF A VEHICLE .
PAGE 16-SENATE BILL 26-003 (III) AS BEEN DISASSEMBLED INTO MODULES OR CELLS ;OR (IV) IS CONTAINED WITHIN A VEHICLE OR PRODUCT THAT IS DIRECTLY OWNED OR CONTROLLED BY AN INSURANCE COMPANY ;AND (d) PROVIDE THE STATE OF HEALTH OF A PROPULSION BATTERY EMBEDDED IN A VEHICLE THROUGH THE VEHICLE S I-VEHICLE DISPLAY OR THROUGH A NONPROPRIETARY ON -BOARD DIAGNOSTIC SCAN TOOL ,FOR A VEHICLE THAT IS MODEL YEAR 2028 OR LATER.
OR A PROPULSION BATTERY EMBEDDED IN A HYBRID VEHICLE ,A PROPULSION BATTERY PROVIDER SATISFIES THIS REQUIREMENT BY MAKING THE STATE OF HEALTH AVAILABLE THROUGH A NONPROPRIETARY ON -BOARD DIAGNOSTIC SCAN TOOL .
APROPULSION BATTERY PROVIDER MAY ,BUT IS NOT REQUIRED TO , SUPPLY STATE OF HEALTH INFORMATIONFORAPROPULSIONBATTERYTHATHASBEENREMOVEDFROM OR IS OUTSIDE OF A VEHICLEOR A PROPULSION BATTERY EMBEDDED IN A HYBRID VEHICLE , A PROPULSION BATTERY PROVIDER SATISFIES THIS REQUIREMENT BY MAKING THE STATE OF HEALTH AVAILABLE THROUGH A NONPROPRIETARY ON -BOARD DIAGNOSTIC SCAN TOOL .
(6) ON AND AFTER JULY 1, 2029,A PROPULSION BATTERY PROVIDER SHALL NOT SELL,OFFER FOR SAL,OR DISTRIBUTE IN OR INTO THE STATE A PROPULSION BATTERY UNLESS THE PROPULSION BATTERY PROVIDER :
(6) ON ANDAFTER JULY 1,2029,APROPULSIONBATTERYPROVIDER SHALL NOT SELL,OFFER FOR SALE,OR DISTRIBUTE IN OR INTO THE STATE A PROPULSION BATTERY UNLESS THE PROPULSION BATTERY PROVIDER :
(a) (I) APPLIES A LABEL TO THE PROPULSION BATTERY THAT INCLUDES THE NAME OF THE PROPULSION BATTERY PROVIDER RESPONSIBLEFORTHEPROPULSIONBATTERY ITSDATEOFMANUFACTURE , AND THE FOLLOWING :
(a) (I) APPLIES A LABEL TO THE PROPULSION BATTERY THAT INCLUDES THE NAME OFTHE PROPULSION BATTERYPROVIDERRESPONSIBLE FOR THE PROPULSION BATTERY ,ITS DATE OF MANUFACTURE , AND THE FOLLOWING :
(A) A N IDENTIFICATION OF THE CHEMISTRY OF THE PROPULSION BATTERY , INCLUDING THE CATHODE TYPE AND ANODE TYPE , IN ACCORDANCE WITH SAEI NTERNATIONAL J2984STANDARD ,"C HEMICAL -21- 003 IDENTIFICATION OFTRANSPORTATION B ATTERIES FORRECYCLING";
(A) A N IDENTIFICATION OF THE CHEMISTRY OF THE PROPULSION BATTERY ,INCLUDINGTHECATHODETYPEANDANODETYPE ,INACCORDANCE WITH SAEI NTERNATIONAL J2984STANDARD ,"C HEMICAL DENTIFICATION OF TRANSPORTATION BATTERIES FORR ECYCLING ";
(B) T HE RATED CAPACITY OR ENERGY AS MEASURED BY SAE INTERNATIONAL J2288 STANDARD , "IFEC YCLE TESTING OFELECTRIC V EHICLEBATTERY M ODULES ";
(B) T HE RATED CAPACITY OR ENERGY AS MEASURED BY SAE INTERNATIONAL J2288 STANDARD , "LIFEC YCLE TESTING OF ELECTRIC V EHICLEB ATTERY M ODULES";
(C) THEHAZARDOUSSUBSTANCESCONTAINEDINTHEPROPULSION BATTERY ;
(C) THE HAZARDOUS SUBSTANCES CONTAINED IN THE PROPULSION BATTERY ;
(D) PRODUCT SAFETY AND RECALL INFORMATION ;AND (E) SAFE DISPOSAL INFORMATIO.
(D) PRODUCT SAFETY AND RECALL INFORMATION ;AND (E) SAFE DISPOSAL INFORMATION.
(II) APROPULSION BATTERY PROVIDER THAT APPLIES A LABEL SHALLATTACHTHELABELTOTHEEXTERIOROFTHEPROPULSIONBATTERY SO THAT THE LABEL IS VISIBLE AND ACCESSIBLE WHEN THE PROPULSION BATTERY IS REMOVED FROM THE VEHICLE IN ACCORDANCE WITH THE MANUFACTURER SRECOMMENDEDPROCEDURESFORBATTERYREMOVAL .
PAGE 17-SENATE BILL 26-003 (II) PROPULSIONBATTERYPROVIDERTHATAPPLIESALABELSHALL ATTACHTHELABELTOTHEEXTERIOROFTHEPROPULSIONBATTERYSOTHAT THE LABEL IS VISIBLE AND ACCESSIBLE WHEN THE PROPULSION BATTERY IS REMOVEDFROMTHEVEHICLEINACCORDANCE WITHTHEMANUFACTURER 'S RECOMMENDED PROCEDURES FOR BATTERY REMOVAL .
THELABELMUSTREMAINLEGIBLE ,ADHERED ,ANDFUNCTIONALLYINTACT UNDEREXPECTEDENVIRONMENTALANDLIFE -CYCLECONDITIONSWITHIN THE VEHICLE.
THE LABEL MUST REMAIN LEGIBLE,ADHERED ,AND FUNCTIONALLY INTACT UNDEREXPECTED ENVIRONMENTAL AND LIFE -CYCLE CONDITIONS WITHIN THE VEHICLE.
(b) (I) TOMPLYWITHSUBSECTION (6)(a)(IOFTHISSECTION,A PROPULSION BATTERY PROVIDER MAY APPLY A QUICK RESPONSE (QR) CODE TO THE PROPULSION BATTERY THAT LINKS TO A DATA REPOSITORY WEBSITE.
(b) (I) T COMPLY WITH SUBSECTION (6)(a)(IOF THIS SECTIO,A PROPULSIONBATTERYPROVIDERMAYAPPLYAQUICKRESPONSE (QR) CODE TOTHEPROPULSIONBATTERYTHATLINKSTOADATAREPOSITORYWEBSITE .
(II) TE DATA REPOSITORY WEBSITE MAYINCLUDE INFORMATION THAT COVERS A PERIOD OF TIME REPRESENTING MULTIPLE DATES OF MANUFACTURE IF THE REST OF THE LABEL INFORMATION REQUIRED BY THIS SUBSECTION (6)IS CONSISTENT ACROSS THE MULTIPLE DATES OF MANUFACTUREANDTHEDATAREPOSITORYWEBSITEENTRYINCLUDESTHE APPLICABLE RANGE OF DATES OF MANUFACTURE.
(II) THE DATA REPOSITORY WEBSITE MAY INCLUDE INFORMATION THAT COVERS A PERIOD OF TIME REPRESENTING MULTIPLE DATES OF MANUFACTURE IFTHE REST OFTHE LABELINFORMATION REQUIRED BY THIS SUBSECTION (6) IS CONSISTENT ACROSS THE MULTIPLE DATES OF MANUFACTURE AND THE DATA REPOSITORY WEBSITE ENTRY INCLUDES THE APPLICABLE RANGE OF DATES OF MANUFACTURE .
(7) ON AND AFTER JULY 1, 2029A REMANUFACTURER SELLING -22- 003 PROPULSION BATTERIES IN THE STA:E (a) SALLRELABELAPROPULSIONBATTERYTOENSURETHATTHE REMANUFACTURER S BRAND IS CLEARLY MARKED ON THE LABEL.
(7) O N AND AFTER JULY 1, 2029A REMANUFACTURER SELLING PROPULSION BATTERIES IN THE STATE (a) SHALL RELABEL A PROPULSION BATTERY TO ENSURE THAT THE REMANUFACTURER 'S BRAND IS CLEARLY MARKED ON THE LABEL .
F THE ORIGINALLABELREMAINS ,THEREMANUFACTURERSHALLPLACETHENEW LABEL ADJACENT TO THE ORIGINAL LABEL AND CLEARLY IDENTIFY THE ORIGINAL LABEL AS OBSOLETE.
F THE ORIGINAL LABEL REMAINS,THE REMANUFACTURER SHALL PLACE THE NEW LABEL ADJACENT TO THE ORIGINAL LABEL AND CLEARLY IDENTIFY THE ORIGINAL LABEL AS OBSOLETE .
F THE REMANUFACTURER ALTERS THE PROPULSION BATTERY S COMPOSITION OR CHEMISTRY , THE REMANUFACTURER SHALL UPDATE THE LABEL OR PROVIDE A NEW DATA REPOSITORY WEBSITE LINK OR QUICK RESPONS(QR) CODE TO REFLECT THE NEW COMPOSITION.
IF THE REMANUFACTURER ALTERS THE PROPULSION BATTERY S COMPOSITION OR CHEMISTRY , THE REMANUFACTURER SHALL UPDATE THE LABEL OR PROVIDE A NEW DATA REPOSITORYWEBSITELINKORQUICKRESPONSE (QR) CODETOREFLECTTHE NEW COMPOSITION .
(I) A PROPULSION BATTERY THAT THE REMANUFACTURER DISASSEMBLES OR REMANUFACTURES IS ULTIMATELY NOT SOLD FOR USE IN A VEHICL;AND (II) A N UNWANTED PROPULSION BATTERY THAT HAS BEEN REMOVED FROM A VEHICLE BY A SECONDARY HANDLER IN THE STATE IS COLLECTED BY THE REMANUFACTURER ;
(I) A PROPULSION BATTERY THAT THE REMANUFACTURER DISASSEMBLES OR REMANUFACTURES IS ULTIMATELY NOT SOLD FOR USE IN A VEHICLE;AND (II) NUNWANTEDPROPULSIONBATTERYTHATHASBEENREMOVED PAGE 18-SENATE BILL 26-003 FROMAVEHICLEBYASECONDARYHANDLERINTHESTATEISCOLLECTEDBY THE REMANUFACTURER ;
(c) SHALL FULLY FUND THE COSTS OF THE COLLECTION OF AN UNWANTED PROPULSION BATTERY THAT THE REMANUFACTURER HAS REMANUFACTURED IF OFFERED BY A SECONDARY HANDLER ;
(c) S HALL FULLY FUND THE COSTS OF THE COLLECTION OF AN UNWANTED PROPULSION BATTERY THAT THE REMANUFACTURER HAS REMANUFACTURED IF OFFERED BY A SECONDARY HANDLER ;
(d) I NOT RESPONSIBLE FOR COLLECTING A REMANUFACTURED PROPULSION BATTERY I:
(d) IS NOT RESPONSIBLE FOR COLLECTING A REMANUFACTURED PROPULSION BATTERY IF:
(I) THE REMANUFACTURED PROPULSION BATTERY HAS BEEN REPURPOSED BY A REPURPOSER , UNLESS THE REPURPOSER IS IN A CONTRACTUAL RELATIONSHIP WITH THE REMANUFACTURER AND THE CONTRACT PROVIDES THAT THE REMANUFACTURER RETAINS -23- 003 RESPONSIBILITY FOR RESPONSIBLE PROPULSION BATTERY MANAGEMENT;
(I) THE REMANUFACTURED PROPULSION BATTERY HAS BEEN REPURPOSED BY A REPURPOSER , UNLESS THE REPURPOSER IS IN A CONTRACTUAL RELATIONSHIP WITH THE REMANUFACTURER AND THE CONTRACTPROVIDESTHATTHEREMANUFACTURERRETAINSRESPONSIBILITY FOR RESPONSIBLE PROPULSION BATTERY MANAGEMENT ;
(II) TE REMANUFACTURED PROPULSION BATTERY IS CONTAINED WITHIN A VEHICLE OR PRODUCT THAT IS DIRECTLY OWNED OR CONTROLLED BY AN INSURANCE COMPANY ;
(II) THE REMANUFACTURED PROPULSION BATTERY IS CONTAINED WITHIN A VEHICLE OR PRODUCT THAT IS DIRECTLY OWNED OR CONTROLLED BY AN INSURANCE COMPANY ;
(III) TEREMANUFACTURERISINACONTRACTUALRELATIONSHIP WITHTHEPROPULSIONBATTERYPROVIDERANDTHECONTRACTPROVIDES THAT THE PROPULSION BATTERY PROVIDER RETAINS RESPONSIBILITYFOR THEDISPOSITIONINGANDMANAGEMENTOFTHEPROPULSIONBATTERY ;OR (IV) T HE REMANUFACTURED PROPULSION BATTERY HAS BEEN DISASSEMBLED INTO MODULES OR CELLS;
(III) TE REMANUFACTURER IS IN A CONTRACTUAL RELATIONSHIP WITH THE PROPULSION BATTERY PROVIDER AND THE CONTRACT PROVIDES THAT THE PROPULSION BATTERY PROVIDER RETAINS RESPONSIBILITY FOR THE DISPOSITIONING AND MANAGEMENT OF THE PROPULSION BATTERY ;OR (IV) THE REMANUFACTURED PROPULSION BATTERY HAS BEEN DISASSEMBLED INTO MODULES OR CELLS ;
(e) EXCEPT AS PROVIDED IN SUBSECTIO(7)(dOF THIS SECTIO, UPON RECEIVING NOTIFICATION THAT AN UNWANTED PROPULSION BATTERY NEEDS COLLECTION IN ACCORDANCE WITH THE NOTIFICATION PROCESS OUTLINED IN SUBSECTION (7)(f)OF THIS SECTION, SHALL RETRIEVE THE BATTERY:
(e) EXCEPT AS PROVIDED IN SUBSECTION (7)(d)OF THIS SECTIO, UPONRECEIVINGNOTIFICATIONTHATANUNWANTEDPROPULSIONBATTERY NEEDS COLLECTION IN ACCORDANCE WITH THE NOTIFICATION PROCESS OUTLINED IN SUBSECTION (7)(fOF THIS SECTION ,SHALL RETRIEVE THE BATTERY :
(I) WITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM A SECONDARY HANDLER ,UNLESS MUTUALLY AGREEABLE TERMS FOR A LONGER COLLECTION TIMELINE ARE MADE WITH A SECONDARY HANDLER OR THERE IS AN UNEXPECTED DELAY DUE TO CIRCUMSTANCES FORCE MAJEURE ;AND (II) WITHIN THIRTY DAYS AFTER RECEIVING NOTIFICATION FROM A SOLID WASTE DISPOSAL SITE AND FACIL;AND (f) SALL ESTABLISH A PROCESS FOR A SECONDARY HANDLER TO NOTIFY THE REMANUFACTURER THAT AN UNWANTED PROPULSION BATTERY NEEDS COLLECTION .
(I) W ITHIN SIXTY DAYS AFTER RECEIVING NOTIFICATION FROM A SECONDARY HANDLER , UNLESS MUTUALLY AGREEABLE TERMS FOR A LONGERCOLLECTIONTIMELINEAREMADEWITHASECONDARYHANDLEROR THEREISANUNEXPECTEDDELAYDUETOCIRCUMSTANCESFORCEMAJEURE ;
THE PROCESS MUST INCLUDE THE FOLLOWING :
AND PAGE 19-SENATE BILL 26-003 (II) WITHIN THIRTY DAYS AFTER RECEIVING NOTIFICATION FROM A SOLID WASTE DISPOSAL SITE AND FACILITYAND (f) SHALL ESTABLISH A PROCESS FOR A SECONDARY HANDLER TO NOTIFYTHEREMANUFACTURERTHATANUNWANTEDPROPULSIONBATTERY NEEDS COLLECTION .
(I) AN EDUCATION AND OUTREACH PROGRAM FOR SECONDARY -24- 003 HANDLERS ;
HE PROCESS MUST INCLUDE THE FOLLOWING :
(II) THE REMANUFACTURER 'S CONTACT INFORMATION FOR SECONDARY HANDLERS ;AND (III) IFORMATION THAT THE REMANUFACTURER REQUIRES TO DETERMINE THE ELIGIBILITY OF A PROPULSION BATTERY THAT NEEDS COLLECTION ,INCLUDING:
(I) A N EDUCATION AND OUTREACH PROGRAM FOR SECONDARY HANDLERS ;
(A) CONFIRMATIONTHATTHEBATTERYISAPROPULSIONBATTERY THAT HAS BEEN REMOVED FROM A VEHICLE;
(II) T HE REMANUFACTURER 'S CONTACT INFORMATION FOR SECONDARY HANDLERS ;AND (III) INFORMATION THAT THE REMANUFACTURER REQUIRES TO DETERMINE THE ELIGIBILITY OF A PROPULSION BATTERY THAT NEEDS COLLECTION ,INCLUDING:
(B) C ONFIRMATION THAT , TO THE BEST OF THE SECONDARY HANDLER S KNOWLEDGE , THE PROPULSION BATTERY HAS NOT BEEN MODIFIED OR TAKEN APART BY ANYONE OTHER THAN THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER ;
(A) C ONFIRMATION THAT THE BATTERY IS A PROPULSION BATTERY THAT HAS BEEN REMOVED FROM A VEHICLE ;
(C) C ONFIRMATION THAT , TO THE BEST OF THE SECONDARY HANDLER S KNOWLEDGE ,THE PROPULSION BATTERY IS FULLY OWNED BY THESECONDARYHANDLERWITHNOKNOWNPENDINGCLAIMSFORLOSSOR DAMAGES BY AN INSURANCE PROVIDER ;
(B) C ONFIRMATION THAT ,TO THE BEST OF THE SECONDARY HANDLER 'S KNOWLEDGE , THE PROPULSION BATTERY HAS NOT BEEN MODIFIED OR TAKEN APART BY ANYONE OTHER THAN THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER ;
(D) THE MAKE ,MODEL ,AND YEAR OF THE VEHICLE FROM WHICH THE PROPULSION BATTERY CAME,IF AVAILABLE;
(C) C ONFIRMATION THAT ,TO THE BEST OF THE SECONDARY HANDLER SKNOWLEDGE THEPROPULSIONBATTERYISFULLYOWNEDBYTHE SECONDARY HANDLER WITH NO KNOWN PENDING CLAIMS FOR LOSS OR DAMAGES BY AN INSURANCE PROVIDER ;
(E) THE DIMENSIONS AND WEIGHT OF THE PROPULSION BATTER, IF AVAILABLE;
(D) THEMAKE ,MODEL ,ANDYEAROFTHEVEHICLEFROMWHICHTHE PROPULSION BATTERY CAME ,IF AVAILABL;
(F) A PHOTOGRAPH OF THE PROPULSION BATTERY AND A PHOTOGRAPH OF THE LABEL ON THE PROPULSION BATTERY;
(E) THE DIMENSIONS AND WEIGHT OF THE PROPULSION BATTERY ,IF AVAILABLE ;
(G) A N ASSESSMENT AS TO WHETHER , TO THE BEST OF THE SECONDARY HANDLER 'S KNOWLEDGE , THE PROPULSION BATTERY IS DAMAGED OR DEFECTIVE ;
(F) A PHOTOGRAPH OF THE PROPULSION BATTERY AND A PHOTOGRAPH OF THE LABEL ON THE PROPULSION BATTERY ;
(H) ACOPYOFTHESECONDARYHANDLER SFEDERALDEPARTMENT OFTRANSPORTATIONHAZMATTRANSPORTATIONSHIPPINGCERTIFICATION , -25- 003 IF AVAILABLE;AND (I) SCONDARY HANDLER REGISTRATION INFORMATION .
(G) A N ASSESSMENT AS TO WHETHER ,TO THE BEST OF THE PAGE 20-SENATE BILL 26-003 SECONDARY HANDLER 'S KNOWLEDGE , THE PROPULSION BATTERY IS DAMAGED OR DEFECTIVE ;
(8) (a) AROPULSION BATTERY PROVIDER OR REMANUFACTURER SHALL NOT RECOVER THE COSTS OF COMPLIANCE WITH THIS PAR10 BY IMPOSING A FEE OR OTHER CHARGE ON A FRANCHISED MOTOR VEHICLE DEALER .
(H) A COPY OF THE SECONDARY HANDLER 'S FEDERAL DEPARTMENT OF TRANSPORTATION HAZMAT TRANSPORTATION SHIPPING CERTIFICATION , IF AVAILABLE;AND (I) ECONDARY HANDLER REGISTRATION INFORMATION .
(b) APROPULSIONBATTERYPROVIDERORREMANUFACTURERMAY CONTRACT WITH A THIRD PARTY TO MANAGE PROPULSION BATTERIES TO SATISFY THE REQUIREMENTS OF THIS SECTI.N (9) (a) O OR BEFORE JUNE 1, 2030AND ON OR BEFORE EACH JUNE 1 THEREAFTER , A PROPULSION BATTERY PROVIDER AND A REMANUFACTURERSHALLSUBMITANANNUALREPORTTOTHEEXECUTIVE DIRECTOR COVERING THE PRECEDING CALENDAR YEAR OF THE RESPONSIBLE PROPULSION BATTERY MANAGEMENT OF THE PROPULSION BATTERIES COLLECTED BY THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER PURSUANT TO THIS SECTION .
(8) (a) APROPULSION BATTERY PROVIDER OR REMANUFACTURER SHALL NOT RECOVER THE COSTS OF COMPLIANCE WITH THIS PART 10 BY IMPOSING A FEE OR OTHER CHARGE ON A FRANCHISED MOTOR VEHICLE DEALER .
(b) A PROPULSION BATTERY PROVIDER OR REMANUFACTURER MAY CONTRACT WITH A THIRD PARTY TO MANAGE PROPULSION BATTERIES TO SATISFY THE REQUIREMENTS OF THIS SECTION (9) (a) O OR BEFOREJUNE 1,2030,AND ON OR BEFORE EACH JUNE 1THEREAFTER ,APROPULSIONBATTERYPROVIDERANDAREMANUFACTURER SHALLSUBMITANANNUALREPORTTOTHEEXECUTIVEDIRECTORCOVERING THEPRECEDINGCALENDARYEAROFTHERESPONSIBLEPROPULSIONBATTERY MANAGEMENT OF THE PROPULSION BATTERIES COLLECTED BY THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER PURSUANT TO THIS SECTION.
(I) AY UPDATES TOEDUCATIONANDOUTREACHMATERIALSFOR SECONDARY HANDLERS AND HOW THE UPDATES WERE COMMUNICATED ;
(I) ANY UPDATES TO EDUCATION AND OUTREACH MATERIALS FOR SECONDARY HANDLERS AND HOW THE UPDATES WERE COMMUNICATED ;
(II) THE NUMBER OF UNWANTED PROPULSION BATTERIES THAT NEEDED TO BE COLLECTED FROM A SECONDARY HANDLER AND THE NUMBER OF UNWANTED PROPULSION BATTERIES COLLECTED , BY CHEMISTRY ;
(II) THE NUMBER OF UNWANTED PROPULSION BATTERIES THAT NEEDEDTOBECOLLECTEDFROMASECONDARYHANDLERANDTHENUMBER OF UNWANTED PROPULSION BATTERIES COLLECTED ,BY CHEMISTRY;
(III) FR EACH REQUEST RECEIVED TO COLLECT AN UNWANTED PROPULSION BATTERY :
(III) FOR EACH REQUEST RECEIVED TO COLLECT AN UNWANTED PROPULSION BATTERY :
(A) T HE DATE THAT THE SECONDARY HANDLER NOTIFIED THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER THAT THE -26- 003 UNWANTED PROPULSION BATTERY NEEDED TO BE COLLECTED AND PROVIDED THE ELIGIBILITY INFORMATION DESCRIBED IN SUBSECTIONS (2)(c)ND (7)(f)(IOF THIS SECTIO;
(A) T HE DATE THAT THE SECONDARY HANDLER NOTIFIED THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER THAT THE UNWANTEDPROPULSIONBATTERYNEEDEDTOBECOLLECTEDANDPROVIDED THE ELIGIBILITY INFORMATION DESCRIBED IN SUBSECTIONS (2)(c)AND PAGE 21-SENATE BILL 26-003 (7)(f)(IIOF THIS SECTIO;
(B) THE DATE A PLAN WAS COMMUNICATED TO THE SECONDARY HANDLER FOR COLLECTING THE UNWANTED PROPULSION BATTERY ;AND (C) THE DATE THE UNWANTED PROPULSION BATTERY WAS COLLECTED OR ,IF APPLICABLE,THE REASONS THAT THE UNWANTED PROPULSION BATTERY WAS NOT COLLECTED , INCLUDING SUPPORTING INFORMATION SUCH AS PHOTOGRAPHS ;
(B) T HE DATE A PLAN WAS COMMUNICATED TO THE SECONDARY HANDLER FOR COLLECTING THE UNWANTED PROPULSION BATTERY ;AND (C) THE DATE THE UNWANTED PROPULSION BATTERY WAS COLLECTED OR ,IF APPLICABLE, THE REASONS THAT THE UNWANTED PROPULSION BATTERY WAS NOT COLLECTED ,INCLUDING SUPPORTING INFORMATION SUCH AS PHOTOGRAPHS ;
(IV) T HE NUMBER OF PROPULSION BATTERIES,SEPARATED BY CHEMISTRY ,SENT FOR REUSE,REMANUFACTURING ,REPURPOSING, AND PROPULSION BATTERY RECYCLING,RESPECTIVELY ;
(IV) T HE NUMBER OF PROPULSION BATTERIES ,SEPARATED BY CHEMISTRY ,SENT FOR REUSE , REMANUFACTURING , REPURPOSING, AND PROPULSION BATTERY RECYCLING ,RESPECTIVELY ;
(V) THE PROPULSION BATTERY RECYCLERS USED IN THE PROPULSION BATTERY RECYCLING PROCESS,INCLUDING IDENTIFICATION OF A RECYCLERS LOCATION;
(V) THEPROPULSIONBATTERYRECYCLERSUSEDINTHEPROPULSION BATTERYRECYCLINGPROCESS INCLUDINGIDENTIFICATIONOFARECYCLER 'S LOCATION ;
(VI) A DESCRIPTION OF THE GENERAL PROCESSES USED BY PROPULSION BATTERY RECYCLERS TO ACHIEVE REQUIRED RECOVERY RATES;AND (VII) FOR EACH PROPULSION BATTERY RECYCLER USED:
(VI) A DESCRIPTION OF THE GENERAL PROCESSES USED BY PROPULSIONBATTERYRECYCLERSTOACHIEVEREQUIREDRECOVERYRATES ;
(A) T HE RECOVERY RATE OF LITHIUM , COBALT, AND NICKEL PRESENT IN THE PROPULSION BATTERY FEEDSTOCK , USING THE CALCULATIONS DESCRIBED IN THIS SUBSECTION (9).
AND (VII) FOR EACH PROPULSION BATTERY RECYCLER USED :
HE TARGETED CRITICAL MINERALS AND SPECIFIC RATIOS MUST BE LISTED SEPARAT.LY A MINERAL THAT IS NOT TARGETED IN THE RECOVERY PROCESS MAY BE LISTED AS A PERCENT OR IT CAN BE STATED THAT THE MINERAL IS NOT TARGETED AND RECOVERED BY THE PROPULSION BATTERY RECYCLER .
(A) THERECOVERYRATEOFLITHIUM ,COBALT ,ANDNICKELPRESENT IN THE PROPULSION BATTERY FEEDSTOCK , USING THE CALCULATIONS DESCRIBEDINTHISSUBSECTION (9).HETARGETEDCRITICALMINERALSAND SPECIFIC RATIOS MUST BE LISTED SEPARATELY.
(B) THE FORM OF THE MAJORITY OF RECOVERED BATTERY -27- 003 MATERIAL MUST BE IDENTIFIED AS ELEMENTAL , COMPOUND , OR INTERMEDIATE CONSISTENTWITHTHERECOVERYDEFINITIONINSECTION 25-17-1003(24.5).
AMINERAL THAT IS NOT TARGETED IN THE RECOVERY PROCESS MAY BE LISTED AS A PERCENT OR IT CAN BE STATED THAT THE MINERAL IS NOT TARGETED AND RECOVERED BY THE PROPULSION BATTERY RECYCLER .
(b) A PROPULSION BATTERY RECYCLER SHALL RECOVER THE FOLLOWING CRITICAL MINERALS IN THE ELEMENTAL ,COMPOUND , OR INTERMEDIATE FORM AT THE FOLLOWING MINIMUM RATES,WHICH RATES ARE CALCULATED BASED ON EACH PROPULSION BATTERY RECYCLER S FACILITYLEVEL YEARLY AVERAGE :
(B) THEFORMOFTHEMAJORITYOFRECOVEREDBATTERYMATERIAL MUST BE IDENTIFIED AS ELEMENTAL ,COMPOUND , OR INTERMEDIATE , CONSISTENTWITHTHERECOVERYDEFINITIONINSECTION 25-17-1003(24.5).
(I) BY2031:
(b) A PROPULSION BATTERY RECYCLER SHALL RECOVER THE FOLLOWING CRITICAL MINERALS IN THE ELEMENTAL , COMPOUND ,OR INTERMEDIATE FORM AT THE FOLLOWING MINIMUM RATES ,WHICH RATES ARE CALCULATED BASED ON EACH PROPULSION BATTERY RECYCLER 'S PAGE 22-SENATE BILL 26-003 FACILITY-LEVEL YEARLY AVERAGE :
(A) NINETY PERCENT OF COBALT;
(I) BY 2031:
(B) NINETY PERCENT OF NICKE;AND (C) FIFTY PERCENT OF LITHIU;AND (II) B 2035:
(A) N INETY PERCENT OF COBALT;
(A) NINETY PERCENT OF COBALT;
(B) N INETY PERCENT OF NICKEL;AND (C) FIFTY PERCENT OF LITHIUM;AND (II) BY2035:
(B) NINETY PERCENT OF NICKE;AND (C) EIGHTY PERCENT OF LITHIU.
(A) N INETY PERCENT OF COBALT;
(c) THE RECOVERY RATE FOR EACH TARGET CRITICAL MINERAL MUST BE CALCULATED ON AN ANNUAL BASIS FOR EACH PROPULSION BATTERY RECYCLER USING A MASS BALANCE APPROACH.
(B) N INETY PERCENT OF NICKEL;AND (C) E IGHTY PERCENT OF LITHIUM.
T HE CALCULATION MUST ACCOUNT FOR THE MASS OF THE TARGET CRITICAL MINERAL CONTAINED IN MATERIALS ENTERING THE RECYCLING PROCES, INCLUDINGWASTEPROPULSIONBATTERIESORINTERMEDIATEMATERIALS , AND THE MASS OF THE TARGET CRITICAL MINERAL RECOVERED IN MATERIALSLEAVINGTHERECYCLINGPROCESSTHATMEETTHEDEFINITION OF "RECOVERY "AS DEFINED IN SECTIO25-17-1003 (24.5).
(c) THERECOVERYRATEFOREACHTARGETCRITICALMINERALMUST BE CALCULATED ON AN ANNUAL BASIS FOR EACH PROPULSION BATTERY RECYCLER USING A MASS BALANCE APPROACH .
(d) THERECOVERYRATEOFATARGETCRITICALMINERALEQUALS THE MASS OF TARGET CRITICAL MINERAL RECOVERED IN MATERIALS -28- 003 LEAVING THE RECYCLING PROCESS DIVIDED BY THE MASS OF TARGET CRITICAL MINERAL PRESENT IN MATERIALS ENTERING THE RECYCLING PROCESS.
THE CALCULATION MUST ACCOUNT FOR THE MASS OF THE TARGET CRITICAL MINERAL CONTAINED IN MATERIALS ENTERING THE RECYCLING PROCESS , INCLUDING WASTE PROPULSION BATTERIES OR INTERMEDIATE MATERIALS ,AND THE MASS OF THE TARGET CRITICAL MINERAL RECOVERED IN MATERIALS LEAVING THE RECYCLING PROCESS THAT MEET THE DEFINITION OF "RECOVERY " AS DEFINED IN SECTION25-17-1003 (24.5).
THE MASS OF TARGET CRITICAL MINERALS ENTERING AND LEAVINGTHERECYCLINGPROCESSSHALLBEDETERMINEDBASEDONTHEIR CHEMICAL COMPOSITION ,USING ANALYTICAL METHODS AND SAMPLING PROCEDURES THAT ARE REPRESENTATIVE OF THE MATERIAL FLOWS.
(d) THE RECOVERY RATE OF A TARGET CRITICAL MINERAL EQUALS THE MASS OF TARGET CRITICAL MINERAL RECOVERED IN MATERIALS LEAVING THE RECYCLING PROCESS DIVIDED BY THE MASS OF TARGET CRITICAL MINERAL PRESENT IN MATERIALS ENTERING THE RECYCLING PROCESS .THEMASSOFTARGETCRITICALMINERALSENTERINGANDLEAVING THERECYCLINGPROCESSSHALLBEDETERMINEDBASEDONTHEIRCHEMICAL COMPOSITION ,USING ANALYTICAL METHODS AND SAMPLING PROCEDURES THAT ARE REPRESENTATIVE OF THE MATERIAL FLOWS .
(e) A PROPULSION BATTERY RECYCLER SHALL DETERMINE THE PROPORTIONOFDIFFERENTBATTERYCHEMISTRIESPRESENTINMATERIALS ENTERING THE RECYCLING PROCESS BY MEANS OF A SORTING ANALYSIS BASED ON CONTINUOUS SAMPLING OR REPRESENTATIVE SAMPLING METHODS CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS .
(e) A PROPULSION BATTERY RECYCLER SHALL DETERMINE THE PROPORTION OF DIFFERENT BATTERY CHEMISTRIES PRESENT IN MATERIALS ENTERING THE RECYCLING PROCESS BY MEANS OF A SORTING ANALYSIS PAGE 23-SENATE BILL 26-003 BASEDONCONTINUOUSSAMPLINGORREPRESENTATIVESAMPLINGMETHODS CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY STANDARDS .
(f) (I) THE EXECUTIVE DIRECTOR SHALL KEEP PROPRIETARY INFORMATION ,AS MARKED BY A PROPULSION BATTERY PROVIDER , REMANUFACTURER ,OR PROPULSION BATTERY RECYCLER,CONFIDENTIAL AND MAKE NONPROPRIETARY INFORMATION AVAILABLE UPON REQUEST .
(f) (I) T HE EXECUTIVE DIRECTOR SHALL KEEP PROPRIETARY INFORMATION , AS MARKED BY A PROPULSION BATTERY PROVIDER , REMANUFACTURER ,OR PROPULSION BATTERY RECYCLER ,CONFIDENTIAL AND MAKE NONPROPRIETARY INFORMATION AVAILABLE UPON REQUEST .
(II) THE INFORMATION DESCRIBED IN SUBSECTIONS (9)(a)(I), (9)(a)(II), (9)(a)(IV), (9)(a)(VI),(a)(VIIOF THIS SECTION AND AGGREGATEDINFORMATIONFROMSUBSECTIONS (9)(a)(IIAND (9)(a)(V) OF THIS SECTION IS NOT PROPRIET.RY (III) ANY INFORMATION MADE PUBLICLY AVAILABLE MUST BE AGGREGATED SO THAT NO INDIVIDUAL PROPULSION BATTERY PROVIDER, REMANUFACTURER ,ORPROPULSIONBATTERYRECYCLERISIDENTIFIABLE .
(II) THE INFORMATION DESCRIBED IN SUBSECTIONS (9)(a)(I), (9)(a)(II), (9)(a)(IV), (9)(a)(VI),(9)(a)(VIIOF THIS SECTION AND AGGREGATED INFORMATION FROM SUBSECTIONS (9)(a)(IIAND (9)(a)(V) OF THIS SECTION IS NOT PROPRIETAR.
(IV) A N ANNUAL REPORT SUBMITTED PURSUANT TO THIS SUBSECTION (9MAYBEUNIQUETO COLORADOORINCLUDEINFORMATION FOR MULTIPLE STATES.
(III) ANY INFORMATION MADE PUBLICLY AVAILABLE MUST BE AGGREGATED SO THAT NO INDIVIDUAL PROPULSION BATTERY PROVIDER , REMANUFACTURER ,OR PROPULSION BATTERY RECYCLER IS IDENTIFIABLE.
(V) A PROPULSION BATTERY PROVIDER THAT IS ALSO A -29- 003 REMANUFACTURER MAY SUBMIT ONE ANNUAL REPORT .
(IV) A N ANNUAL REPORT SUBMITTED PURSUANT TO THIS SUBSECTION (9)MAY BE UNIQUE TO C OLORADO OR INCLUDE INFORMATION FOR MULTIPLE STATES.
(10) (a) O AND AFTERJULY 1, 2029:
(V) A PROPULSION BATTERY PROVIDER THAT IS ALSO A REMANUFACTURER MAY SUBMIT ONE ANNUAL REPORT .
(I) A SECONDARY HANDLER SHALL MANAGE A PROPULSION BATTERY BY ENSURING RESPONSIBLE PROPULSION BATTERY MANAGEMENT ;
(10) (a) O AND AFTER JULY 1, 2029:
(II) I A SECONDARY HANDLER DETERMINES THAT A PROPULSION BATTERY IS AN UNWANTED PROPULSION BATTERY , THE SECONDARY HANDLER SHALL NOTIFY THE APPROPRIATE PROPULSION BATTERY PROVIDER OR REMANUFACTURER OR ANY ENTITY THAT THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER HAS DESIGNATED TO FACILITATE THE COLLECTION OF UNWANTED PROPULSION BATTERIE;
(I) ASECONDARYHANDLERSHALLMANAGEAPROPULSIONBATTERY BY ENSURING RESPONSIBLE PROPULSION BATTERY MANAGEMENT ;
(III) SECONDARYHANDLER MANAGINGPROPULSIONBATTERIES SHALLMAINTAINRECORDSFORTHREEYEARSDETAILINGTHEPROPULSION BATTERIESSOLDORTRANSFERREDBYTHESECONDARYHANDLERANDTHE PERSON THE BATTERIES WERE SOLD OR TRANSFERRED T;
(II) I A SECONDARY HANDLER DETERMINES THAT A PROPULSION BATTERY IS AN UNWANTED PROPULSION BATTERY ,THE SECONDARY HANDLERSHALLNOTIFYTHEAPPROPRIATEPROPULSIONBATTERYPROVIDER OR REMANUFACTURER OR ANY ENTITY THAT THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER HAS DESIGNATED TO FACILITATE THE COLLECTION OF UNWANTED PROPULSION BATTERIES ;
(IV) W HEN SHIPPING A PROPULSION BATTERY ,A SECONDARY HANDLER IS RESPONSIBLE FOR ENSURING COMPLIANCE WITH PROPER PERSONNEL TRAINING REQUIREMENTS FOR SHIPPING UNDER 49 CFR 172.700TO 172.704;
(III) ASECONDARY HANDLER MANAGING PROPULSION BATTERIES SHALL MAINTAIN RECORDS FOR THREE YEARS DETAILING THE PROPULSION BATTERIES SOLD OR TRANSFERRED BY THE SECONDARY HANDLER AND THE PERSON THE BATTERIES WERE SOLD OR TRANSFERRED TO ;
(V) W HEN REMOVING A PROPULSION BATTERY FROM A VEHICLE, A SECONDARY HANDLER SHALL RECORD THE LAST KNOWN STATE OF HEALTH AND STATE OF CHARGE ,IF AVAILABLE,AND DISCLOSE THESE VALUESATTHETIMEOFSALEORTRANSFEROFTHEPROPULSIONBATTERY TO ANOTHER PERSON ;
PAGE 24-SENATE BILL 26-003 (IV) W HEN SHIPPING A PROPULSION BATTERY , A SECONDARY HANDLER IS RESPONSIBLE FOR ENSURING COMPLIANCE WITH PROPER PERSONNELTRAININGREQUIREMENTSFORSHIPPINGUNDER 49CFR172.700 TO 172.704;
(VI) IN ORDER TO PROMOTE THE BATTERY MANAGEMENT HIERARCHY , A SECONDARY HANDLER SHALL STORE PROPULSION BATTERIES NOT SUSPECTED OF DAMAGE OR INSTABILITY IN A COVERED -30- 003 AREA ,MINIMIZING EXPOSURE TO PRECIPITATION AND EXTREME HEAT OR COLD .
(V) W HEN REMOVING A PROPULSION BATTERY FROM A VEHICLE ,A SECONDARY HANDLER SHALL RECORD THE LAST KNOWN STATE OF HEALTH ANDSTATEOFCHARGE IFAVAILABLE ,ANDDISCLOSETHESEVALUESATTHE TIME OF SALE OR TRANSFER OF THE PROPULSION BATTERY TO ANOTHER PERSON ;
ASECONDARY HANDLER SHALL STORE PROPULSION BATTERIES THAT ARE VISIBLY DAMAGED OR OTHERWISE SUSPECTED TO HAVE THE POTENTIAL FOR THERMAL RUNAWAY IN AN ISOLATED AREA AWAY FROM FLAMMABLE MATERIALS .
(VI) IN ORDER TO PROMOTE THE BATTERY MANAGEMENT HIERARCHY ,ASECONDARYHANDLERSHALLSTOREPROPULSIONBATTERIES NOT SUSPECTED OF DAMAGE OR INSTABILITY IN A COVERED AREA , MINIMIZING EXPOSURE TO PRECIPITATION AND EXTREME HEAT OR COLD .
(VII) A SECONDARY HANDLER WORKING WITH PROPULSION BATTERIES SHALL OBTAIN RELEVANT SAFETY TRAINING TO ASSIST WITH THE SAFE HANDLING AND STORAGE OF PROPULSION BATTERIES.
A SECONDARY HANDLER SHALL STORE PROPULSION BATTERIES THAT ARE VISIBLYDAMAGEDOROTHERWISESUSPECTEDTOHAVETHEPOTENTIALFOR THERMAL RUNAWAY IN AN ISOLATED AREA AWAY FROM FLAMMABLE MATERIALS .
(b) SUBSECTIONS (10)(a)(III), (10)(a)(V), (10)(a)AND), (10)(a)(VII)FTHIS SECTION DO NOT APPLYTOA SOLID WASTE DISPOSAL SITE AND FACILIT.
(VII) A SECONDARY HANDLER WORKING WITH PROPULSION BATTERIESSHALLOBTAINRELEVANTSAFETYTRAININGTOASSISTWITHTHE SAFE HANDLING AND STORAGE OF PROPULSION BATTERIES .
(c) NOTWITHSTANDING SECTION 25-17-1018,THE COMMISSION SHALL NOT ADOPT RULES FOR THE PURPOSES OF IMPLEMENTING SUBSECTIONS (10)(a)(VIAND (10)(a)(VIIOF THIS SECTIO.
(b) SUBSECTIONS (10)(a)(III), (10)(a)(V), (10)(a)(VAND (10)(a)(VIIOF THIS SECTION DO NOT APPLY TO A SOLID WASTE DISPOSAL SITE AND FACILITY (c) N OTWITHSTANDING SECTION 25-17-1018,THE COMMISSION SHALL NOT ADOPT RULES FOR THE PURPOSES OF IMPLEMENTING SUBSECTIONS (10)(a)(VI)AND (10)(a)(VIIOF THIS SECTION.
(11) (a) O AND AFTER ULY 1, 2029,A REPURPOSER SHALL:
(11) (a) O AND AFTER JULY 1, 2029,A REPURPOSER SHALL :
(I) RELABELA PROPULSION BATTERYTHAT ISREPURPOSEDINTHE STATE TO ENSURE THAT THE REPURPOSER'S BRAND IS CLEARLY MARKED ONTHELABEL .IFTHEORIGINALLABELREMAINS ,THEREPURPOSERSHALL PLACE THE NEW LABEL ADJACENT TO THE ORIGINAL LABEL AND CLEARLY IDENTIFY THE ORIGINAL LABEL AS OBSOLET.
(I) RELABEL A PROPULSION BATTERY THAT IS REPURPOSED IN THE STATE TO ENSURE THAT THE REPURPOSER S BRAND IS CLEARLY MARKED ON THELABEL .IFTHEORIGINALLABELREMAINS THEREPURPOSERSHALLPLACE THENEWLABELADJACENTTOTHEORIGINALLABELANDCLEARLYIDENTIFY THE ORIGINAL LABEL AS OBSOLETE.
(II) ESURETHEPROPULSIONBATTERYRECYCLINGOFPROPULSION BATTERIES THAT ARE WITHIN THE REPURPOSERS POSSESSION AND THAT CAN NO LONGER BE REPURPOSED UNLESS THE PROPULSION BATTERY PROVIDER OR REMANUFACTURER AGREES TO ACCEPT CONTINUED RESPONSIBILITY FOR THE PROPULSION BATTERY BY CONTRAC.
PAGE 25-SENATE BILL 26-003 (II) NSURE THE PROPULSION BATTERY RECYCLING OF PROPULSION BATTERIESTHATAREWITHINTHEREPURPOSER 'SPOSSESSIONANDTHATCAN NOLONGERBEREPURPOSEDUNLESSTHEPROPULSIONBATTERYPROVIDEROR REMANUFACTURERAGREESTOACCEPTCONTINUEDRESPONSIBILITYFORTHE PROPULSION BATTERY BY CONTRACT .
(b)(I) OORBEFORE JUNE 1,2030,ANDONORBEFOREEACH UNE 1 THEREAFTER ,A REGISTERED REPURPOSER SHALL SUBMIT AN ANNUAL -31- 003 REPORT TO THE EXECUTIVE DIRECTOR COVERING THE PRECEDING CALENDAR YEAR OF THE REPURPOSER S RESPONSIBLE PROPULSION BATTERY MANAGEMENT .
(b) (I) O OR BEFOREJUNE 1,2030,AND ON OR BEFORE EACH JUNE THEREAFTER ,A REGISTERED REPURPOSER SHALL SUBMIT AN ANNUAL REPORTTOTHEEXECUTIVEDIRECTORCOVERINGTHEPRECEDINGCALENDAR YEAR OF THE REPURPOSER S RESPONSIBLE PROPULSION BATTERY MANAGEMENT .
THE REPORT MUST INCLUDE THE FOLLOWIN:
THE REPORT MUST INCLUDE THE FOLLOWING :
(A) THE NUMBER OF PROPULSION BATTERIES THAT THE REPURPOSER REPURPOSED FROM C OLORADO ;AND (B) THE NAME AND ADDRESS OF WHERE THE REPURPOSED BATTERIESWERESOLDORTRANSFERRED ,INCLUDINGFORBATTERIESSENT FORUSEINASECONDARYAPPLICATIONANDTHOSESENTFORPROPULSION BATTERY RECYCLING .
(A) THENUMBEROFPROPULSIONBATTERIESTHATTHEREPURPOSER REPURPOSED FROM COLORADO ;AND (B) THENAMEANDADDRESSOFWHERETHEREPURPOSEDBATTERIES WERE SOLD OR TRANSFERRED ,INCLUDING FOR BATTERIES SENT FOR USE IN A SECONDARY APPLICATION AND THOSE SENT FOR PROPULSION BATTERY RECYCLING .
(II) T HE ANNUAL REPORT SUBMITTED PURSUANT TO THIS SUBSECTION (11) MAY BE UNIQUE TO C OLORADO OR MAY INCLUDE INFORMATION FOR MULTIPLE STATES.
(II) THE ANNUAL REPORT SUBMITTED PURSUANT TO THIS SUBSECTION (11) MAY BE UNIQUE TO C OLORADO OR MAY INCLUDE INFORMATION FOR MULTIPLE STATES.
(III) A REPURPOSER THAT IS ALSO A REMANUFACTURER MAY SUBMIT ONE ANNUAL REPORT .
(III) AEPURPOSERTHATISALSOAREMANUFACTURERMAYSUBMIT ONE ANNUAL REPORT .
(12) ON AND AFTERJULY 1, 2029:
(12) ON AND AFTER JULY 1, 2029:
(a) APERSON SHALL NOT DISPOSE OF A PROPULSION BATTERY BY TAKINGTHE PROPULSIONBATTERYTOASOLIDWASTEDISPOSALSITE AND FACILITY;AND (b) APERSONNOTIDENTIFIEDINTHISSECTIONISRESPONSIBLEFOR ENSURING THE RESPONSIBLE PROPULSION BATTERY MANAGEMENT OF PROPULSION BATTERIES BY WORKING WITH A SECONDARY HANDLER , PROPULSION BATTERY PROVIDER ,REMANUFACTURER ,REPURPOSER ,OR PROPULSION BATTERY RECYCLER .
(a) A PERSON SHALL NOT DISPOSE OF A PROPULSION BATTERY BY TAKING THE PROPULSION BATTERY TO A SOLID WASTE DISPOSAL SITE AND FACILITY;AND (b) A PERSON NOT IDENTIFIED IN THIS SECTION IS RESPONSIBLE FOR ENSURING THE RESPONSIBLE PROPULSION BATTERY MANAGEMENT OF PROPULSION BATTERIES BY WORKING WITH A SECONDARY HANDLER , PROPULSION BATTERY PROVIDER , REMANUFACTURER , REPURPOSER ,OR PROPULSION BATTERY RECYCLER .
A VEHICLECONTAININGAPROPULSIONBATTERYORIGINALLYSOLD IN THE STATE IS NOT SUBJECT TO THIS PAR10WHEN THE VEHICLE IS -32- 003 RETIRED OUT OF STATE .
PAGE 26-SENATE BILL 26-003 A VEHICLE CONTAINING A PROPULSION BATTERY ORIGINALLY SOLD IN THE STATE IS NOT SUBJECT TO THIS PART 10 WHEN THE VEHICLE IS RETIRED OUT OF STATE .
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
on the day following the expiration of the ninety-day period after final adjournment of the general assembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedbythepeopleatthegeneralelectiontobeheldinNovember2026 PAGE 27-SENATE BILL 26-003 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-33- 003
____________________________ ____________________________ James Rashad Coleman, Sr.
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 28-SENATE BILL 26-003
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Action History

  1. Governor Signed

  2. Signed by the President of the Senate

  3. Signed by the Speaker of the House

  4. Sent to the Governor

  5. Senate Considered House Amendments - Result was to Concur - Repass

  6. House Third Reading Passed - No Amendments

  7. House Second Reading Special Order - Passed with Amendments - Committee, Floor

  8. House Committee on Appropriations Refer Unamended to House Committee of the Whole

  9. House Committee on Finance Refer Amended to Appropriations

  10. Senate Third Reading Passed - No Amendments

  11. Introduced In House - Assigned to Finance

  12. Senate Second Reading Special Order - Passed with Amendments - Committee, Floor

  13. Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole

  14. Senate Committee on Transportation & Energy Refer Amended to Appropriations

  15. Introduced In Senate - Assigned to Transportation & Energy

Sponsors

Sponsorship breakdown

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4 sponsors · 24 co-sponsors · 73 not signed on · 7 voted No

Sponsors (4)

Co-sponsors (24)

Not signed on (73)

73 members have not signed on to this bill.

Show all 73 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCUR

Passed 36 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 10000
Unaffiliated 5000
Total 36000
% of votes cast 100%0%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

REPASS

Passed 33 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 7300
Unaffiliated 5000
Total 33300
% of votes cast 92%8%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Nay
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Nay
Scott Bright Republican Yea

Official roll call →

Refer Senate Bill 26-003 to the Committee of the Whole.

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Democrat 8000
Republican 2100
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Andrew Boesenecker Democrat Yea
Brianna Titone Democrat Yea
Elizabeth Velasco Democrat Yea
Emily Sirota Democrat Yea
Junie Joseph Democrat Yea
Karen McCormick Democrat Yea
Kyle Brown Democrat Yea
Yara Zokaie Democrat Yea
Chris Richardson Republican Nay
Matt Soper Republican Yea
Rick Taggart Republican Yea

Official roll call →

Refer Senate Bill 26-003, as amended, to the Committee on Appropriations.

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 3100
Democrat 7000
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Bob Marshall Democrat Yea
Brianna Titone Democrat Yea
Lorena Garcia Democrat Yea
Rebekah Stewart Democrat Yea
Sean Camacho Democrat Yea
Steven Woodrow Democrat Yea
Yara Zokaie Democrat Yea
Anthony Hartsook Republican Yea
Matt Soper Republican Yea
Max Brooks Republican Nay
Ryan Gonzalez Republican Yea

Official roll call →

BILL

Passed 33 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democrat 21000
Republican 7300
Unaffiliated 5000
Total 33300
% of votes cast 92%8%0%0%
How each member voted (36)
Member Party Vote
Gonzales J. — Yea
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Nay
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Nay
Marc Catlin Republican Yea
Mark Baisley Republican Nay
Scott Bright Republican Yea

Official roll call →

Refer Senate Bill 26-003, as amended, to the Committee on Appropriations.

Passed 8 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 2100
Democrat 6000
Total 8100
% of votes cast 89%11%0%0%
How each member voted (9)
Member Party Vote
Kyle Mullica Democrat Yea
Lisa Cutter Democrat Yea
Matt Ball Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Marc Catlin Republican Yea
Mark Baisley Republican Nay
Rod Pelton Republican Yea

Official roll call →

Subjects

environment technology
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Frequently asked questions

What does SB 3 do?
Senate Bill 25-163, concerning the establishment of battery stewardship programs for the disposal of certain batteries, created the 'Battery Stewardship Act', which requires the establishment of battery stewardship organizations and the submittal of battery stewardship plans to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries.     The act expands the scope of the 'Battery Stewardship Act' to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the 'Battery Stewardship Act'.     On or before July 1, 2027, a person selling, offering for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state (propulsion battery provider) is required to register with the department of public health and environment (department).     On or before January 2, 2029, a propulsion battery provider or group of propulsion battery providers must submit to the executive director an education and outreach plan that contains certain information about the management of propulsion batteries. On and after July 1, 2029, the act prohibits a propulsion battery provider from selling, making available for sale, or distributing a propulsion battery in or into the state unless the propulsion battery provider has submitted an education and outreach plan that meets the requirements of the act. The act also requires a propulsion battery provider to develop and maintain at least one website that, among other things, includes the information in the propulsion battery provider's education and outreach plan.     The act requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure the responsible management of the unwanted propulsion batteries collected. In addition, the act requires a propulsion battery provider to, on and after July 1, 2029, label a propulsion battery and specifies the information that must be included on the label. On or before June 1, 2030, and on or before each June 1 thereafter, a propulsion battery provider is directed to submit an annual report to the executive director covering the preceding calendar year of the responsible management of the propulsion batteries collected by the propulsion battery provider.     A propulsion battery provider is required to pay a program initiation fee to the department. The amount of the program initiation fee for each propulsion battery provider is based on each propulsion battery provider's percentage of all propulsion battery vehicles registered in the state. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is also required to pay an annual fee to cover the department's cost of implementing, administering, and enforcing the act. The solid and hazardous waste commission is directed to establish the annual fee amount by rule on or before July 1, 2029.     The act specifies how the department is required to implement, administer, and enforce the act. For example, the department is required to assess annual reports submitted by propulsion battery providers, compile a list of entities registered with the department, provide a digital registration form that an entity can use to register, and conduct an email survey with registered entities to request feedback on the functioning of the propulsion battery management program.     The act also sets forth requirements for persons that remanufacture a propulsion battery; persons that use a propulsion battery for a different use than the use for which the propulsion battery was originally designed; commercial entities that take possession of a propulsion battery for the purpose of selling, dispositioning, repairing, reusing, or recycling the propulsion battery; and entities that conduct propulsion battery recycling.     On and after July 1, 2029, the disposal of propulsion batteries at a solid waste disposal site and facility is prohibited.(Note: This summary applies to this bill as enacted.)
Who sponsors SB 3?
SB 3 is sponsored by Adrienne Benavidez, E. Velasco, L. Smith, N. Ricks, K. McCormick, T. Mauro, M. Martinez, M. Lindsay, R. Gonzalez, A. Boesenecker, R. Stewart, K. Brown, Matt Ball (Democrat), Jeff Bridges (Democrat), James Coleman (Democrat), Jessie Danielson (Democrat), Tony Exum (Democrat), Julie Gonzales (Democrat), Nick Hinrichsen (Democrat), Iman Jodeh (Democrat), Cathy Kipp (Democrat), William Lindstedt (Democrat), Dylan Roberts (Democrat), Tom Sullivan (Democrat), Mike Weissman (Democrat), Lisa Cutter (Democrat), Katie Wallace (Democrat), and Judy Amabile (Democrat).
What is the current status of SB 3?
This bill has been enacted into law. Introduced January 14, 2026. Enacted.
Where can I track SB 3?
Track SB 3 free on One Click Politics — get push/email alerts when it moves.

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