C.R.S. § 25-17-1002: Legislative declaration.

(1) The general assembly finds that:

(a) Multiple studies have established that expensive and hazardous risks result from the improper handling and disposal of batteries. It is in the public interest of Colorado residents to reduce the inherent risk of fires that can occur when batteries are improperly disposed of and to encourage the recovery of valuable materials in batteries that can be put back into the supply chain.

(b) According to analyses conducted by several state organizations, access to collection, recovery, and recycling programs for portable small and medium-format batteries is limited, inconvenient, and costly for most Colorado residents. Colorado communities that operate battery collection events and facilities report that such events and facilities are costly for local governments to operate.

(c) Without a coordinated battery stewardship program, consumers will continue to be confused about proper battery disposal;

(d) Ensuring the proper recovery of used portable small and medium-format batteries prevents the ignition of fires and the release of toxic materials into the environment; and

(e) It is the best practice for a battery stewardship program to collect all battery types and chemistries, as evidenced by successful battery stewardship programs operating in other states.

(1.5) The general assembly further finds that:

(a) Electric vehicles are crucial tools for reducing greenhouse gas emissions, which the state is striving to eliminate by 2050. Electric vehicles are also vital to reducing local air pollution in areas of the state, 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. To achieve emission reductions needed to meet state-mandated climate goals and federally required ozone levels, many more electric vehicles will need to be deployed in Colorado.

(b) As electric vehicle sales in the state continue to grow, substantially more electric vehicles will be retired in the coming 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. Extending the useful lifespan of propulsion batteries improves the sustainability profile of the electric vehicle industry and creates local economic opportunities.

(d) Multiple 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 materials could potentially reduce the environmental benefits of a robust circular economy for propulsion batteries while also increasing the risk of battery fires. A robust extended provider responsibility policy is needed to enable a propulsion battery circular economy.

(2) The general assembly therefore declares that it is in the public interest of Colorado to:

(a) Require producers of batteries and providers of propulsion batteries to finance and implement a coordinated, state-approved system that increases access to the safe and responsible end-of-life management of batteries in Colorado;

(b) Reduce the inherent risk of fire that can occur when propulsion batteries are improperly disposed of; and

(c) Encourage the reuse, remanufacturing, and repurposing of propulsion batteries and the ultimate recycling and recovery of the valuable materials in a propulsion battery that can be put back into the supply chain.

(3) The general assembly further declares that battery stewardship organizations established pursuant to this part 10 are independent, nongovernmental entities and, for purposes of section 20 of article X of the state constitution, are not districts, as defined in section 20 (2)(b) of article X of the state constitution.