C.R.S. § 25-17-1003: Definitions - rules.

As used in this part 10, unless the context otherwise requires:

(1) "Approved plan" means a battery stewardship plan that has been approved by the executive director pursuant to section 25-17-1005.

(1.5) "Battery" means a device consisting of one or more electrically connected electrochemical cells, which device is designed to receive, store, and deliver electric energy.

(2) "Battery-containing product" means a product sold, offered for sale, or distributed in or into the state that contains or is packaged with rechargeable or primary batteries that are covered batteries.

(2.5) "Battery management hierarchy" means the process of secondary handlers, remanufacturers, repurposers, and propulsion battery providers first striving to reuse, repurpose, or remanufacture propulsion batteries, when doing so is possible and cost-effective, before propulsion battery recycling.

(3) "Battery stewardship organization" or "organization" means a producer that directly implements a battery stewardship plan in accordance with this part 10 or a nonprofit organization designated by a producer or a group of producers to implement a battery stewardship plan in accordance with this part 10.

(4) "Battery stewardship plan" or "plan" means a plan for the collection, transportation, processing, and recycling of covered batteries submitted to the executive director pursuant to section 25-17-1005 (1).

(5) "Battery stewardship program" or "program" means a program implemented by a battery stewardship organization in accordance with an approved plan.

(6) "Collection rate" means a percentage, by weight, of covered batteries that a battery stewardship organization collects, which is calculated by dividing the total weight of the covered batteries that the battery stewardship organization collected during the previous calendar year by the average annual weight of covered batteries that were estimated by the organization to have been sold, offered for sale, or distributed in or into the state during the previous three calendar years by producers participating in an approved plan.

(7) "Commission" means the solid and hazardous waste commission created in section 25-15-302 (1)(a).

(8) (a) "Covered battery" means a portable battery, a medium-format battery, or any battery sold loose or as an easily removable battery within a battery-containing product or a motorized device.

(b) "Covered battery" does not include:

(I) A battery contained within a medical device, as defined in 21 U.S.C. sec. 321 (h) as of August 6, 2025;

(II) A battery that contains an electrolyte as a free liquid;

(III) A lead-acid battery weighing more than eleven pounds;

(IV) An embedded battery;

(V) A battery that is damaged, is defective, or has been recalled; or

(VI) A battery, including a propulsion battery, assembled by or for a vehicle manufacturer, that 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 critical minerals by the United States secretary of the interior, acting through the director of the United States geological survey, pursuant to 30 U.S.C. sec. 1606 (c).

(9) "Damaged or defective battery" means a battery that has been damaged or identified by the manufacturer as being defective for safety reasons and that has the potential of producing a dangerous evolution of heat, fire, or short circuit, as described in 49 CFR 173.185 (f), or as updated by the commission by rule to maintain consistency with federal standards.

(10) "Department" means the department of public health and environment created in section 25-1-102.

(10.5) (a) "Dispositioning" 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) "Dispositioning" or "dispositioned" may include evaluating a propulsion battery for secondary use by a repurposer or a propulsion battery recycler.

(11) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(12) "Easily removable" means a battery that is intended or designed by the manufacturer to be removable by the user of the battery with no more than commonly used household tools.

(12.5) "Education and outreach plan" means a plan submitted by a propulsion battery provider or group of propulsion battery providers to the executive director pursuant to section 25-17-1019 (2).

(13) "Embedded battery" means a battery that is contained in a product and that is not designed to be easily removable.

(13.5) "End of life" means:

(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.

(14) "Executive director" means the executive director of the department.

(15) "Fund" means the battery stewardship fund created in section 25-17-1012 (2)(a).

(16) "Household hazardous waste facility" means a facility that is subject to federal and state regulations and rules that ensure that the facility is collecting universal waste, including universal waste batteries, in a manner that prevents the harmful impact of improper disposal of the universal waste and pursuant to federal and state regulations and rules governing universal waste handlers.

(17) "Local government" means a county, city, town, city and county, or special district within the state of Colorado.

(18) "Materials recovery facility" means a facility that processes materials that are collected for recycling before being conveyed to end-market businesses.

(19) "Medium-format battery" means the following primary or rechargeable covered batteries:

(a) For primary batteries, a battery weighing at least four and four-tenths pounds and no more than twenty-five pounds; or

(b) For rechargeable batteries, a battery weighing:

(I) More than eleven pounds or having a rating of more than three hundred watt-hours, or both; and

(II) No more than twenty-five pounds and having a rating of no more than two thousand watt-hours.

(19.5) "Orphaned battery" means:

(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) An unwanted propulsion battery that has not been collected or managed in accordance with the battery management hierarchy.

(20) "Portable battery" means the following primary or rechargeable covered batteries:

(a) For primary batteries, a battery weighing no more than four and four-tenths pounds; or

(b) For rechargeable batteries, a battery weighing no more than eleven pounds and having a rating of no more than three hundred watt-hours.

(21) "Primary battery" means a battery that is not capable of being recharged.

(22) (a) "Producer" means:

(I) For covered batteries sold, offered for sale, or distributed in or into the state:

(A) If the covered battery is sold, offered for sale, or distributed in or into the state under the brand of the battery manufacturer, the producer is the person that manufactures the battery;

(B) If the covered battery is sold, offered for sale, or distributed in or into the state under a retail brand or under a brand owned by a person other than the battery manufacturer, the producer is the brand owner;

(C) If there is no person that subsection (22)(a)(I)(A) or (22)(a)(I)(B) of this section applies to, the producer is the licensee of the brand or trademark under which the covered battery is sold, offered for sale, or distributed in or into the state, regardless of whether the trademark is registered in the state;

(D) If there is no person in the United States that subsection (22)(a)(I)(A), (22)(a)(I)(B), or (22)(a)(I)(C) of this section applies to, the producer is the person that is the importer of record for the covered battery into the United States; and

(E) If there is no person with a commercial presence in the state that subsection (22)(a)(I)(A), (22)(a)(I)(B), (22)(a)(I)(C), or (22)(a)(I)(D) of this section applies to, the producer is the person that first sells, offers for sale, or distributes the covered battery in or into the state; and

(II) For covered battery-containing products sold, offered for sale, or distributed in or into the state:

(A) If the battery-containing product is sold, offered for sale, or distributed in or into the state under the brand of the product manufacturer, the producer is the person that manufactures the battery-containing product;

(B) If the battery-containing product is sold, offered for sale, or distributed in or into the state under a retail brand or under a brand owned by a person other than the product manufacturer, the producer is the brand owner;

(C) If there is no person that subsection (22)(a)(II)(A) or (22)(a)(II)(B) of this section applies to, the producer is the licensee of the brand or trademark under which the battery-containing product is sold, offered for sale, or distributed in or into the state, regardless of whether the trademark is registered in the state;

(D) If there is no person in the United States that subsection (22)(a)(II)(A), (22)(a)(II)(B), or (22)(a)(II)(C) of this section applies to, the producer is the person that is the importer of record for the battery-containing product into the United States; and

(E) If there is no person with a commercial presence in the state that subsection (22)(a)(II)(A), (22)(a)(II)(B), (22)(a)(II)(C), or (22)(a)(II)(D) of this section applies to, the producer is the person that first sells, offers for sale, or distributes the battery-containing product in or into the state.

(b) "Producer" does not include a person that only manufactures, sells, offers for sale, distributes, or imports in or into the state a battery-containing product if:

(I) The only batteries contained in or supplied with the battery-containing product are supplied by a producer that has joined a battery stewardship organization with an approved plan acknowledging that the producer is the producer for that covered battery pursuant to this part 10; and

(II) The producer provides written certification to both the person described in this subsection (22)(b) and the battery stewardship organization of which the producer is a member.

(c) A person is not the producer of a covered battery or battery-containing product sold, offered for sale, or distributed in or into the state if another party has contractually accepted responsibility as a producer and has joined a battery stewardship organization with an approved plan acknowledging that the other party is the producer for that covered battery or battery-containing product pursuant to this part 10.

(23) "Proprietary information" has the meaning set forth in section 25-17-703 (34).

(23.3) "Propulsion battery" means a battery that is primarily used to supply power to propel a battery electric motor 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 section 42-4-1012 (2.5)(a)(III).

(23.5) (a) "Propulsion battery provider" means:

(I) A person that first sells, offers for sale, or distributes a propulsion battery or a vehicle containing a propulsion battery 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) If there is not a person that subsection (23.5)(a)(I) of this section applies to, 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 state. This includes an 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)(I) or (23.5)(a)(II) of this section applies to, the person that imports the propulsion battery into the state for sale, distribution, or installation.

(b) "Propulsion battery provider" does not include:

(I) A dealer of a vehicle containing a propulsion battery;

(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) A person that sells a used vehicle in or into the state.

(c) For 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.

(23.7) (a) "Propulsion battery recycler" means an entity or facility that:

(I) Operates in accordance with all required permits and regulatory exclusions in all applicable federal, state, and local laws;

(II) Conducts propulsion battery recycling; and

(III) Performs at least one of the following activities:

(A) Extracts and separates materials from end-of-life propulsion batteries, including metals, compounds, or intermediate fractions, and directs these materials to one or more additional propulsion battery recyclers for further processing or refining; or

(B) Refines end-of-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.

(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 batteries or propulsion battery materials during the recycling process.

(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) (I) "Propulsion battery recycling" does not include disposal or sham recycling under the federal "Resource Conservation and Recovery Act of 1976", 42 U.S.C. sec. 6901 et seq., or other applicable federal law.

(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.

(24) "Rechargeable battery" means a battery that contains one or more voltaic or galvanic cells, which are electrically connected to produce electric energy and designed to be recharged.

(24.5) (a) "Recovery" 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.

(b) "Recovery" does not include lithium recovered as slag and used as concrete additives.

(25) "Recycling" has the meaning set forth in section 25-17-703 (37).

(26) "Recycling efficiency rate" means the ratio of the weight of components and materials recycled by a battery stewardship organization from covered batteries to the weight of covered batteries as collected by the battery stewardship organization.

(26.3) "Remanufacture" means a standardized industrial process through which battery cores are returned to same-as-new or better condition and performance, which process is in line with specific technical specifications including engineering, quality, and testing standards.

(26.5) "Remanufacturer" means a person that remanufactures a propulsion battery.

(26.7) "Repurpose" means the process of modifying a propulsion battery or propulsion battery pack, module, or cell to store and supply electricity in a manner other than the original intended purpose of the propulsion battery.

(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 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) "Retailer" means a person that sells covered batteries or battery-containing products in or into the state, including sales made through an internet transaction, or offers or otherwise makes available covered batteries or battery-containing products to a customer in the state.

(27.1) "Reuse" means the use of a propulsion battery in a vehicle other than the original vehicle into which the propulsion battery was placed.

(27.2) (a) "Secondary handler" means a commercial entity other than the propulsion battery provider that takes possession 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 facility.

(27.3) "Solid waste collector" means a person that operates collection routes for the removal of solid waste from residential, multiresidential, commercial, or industrial premises.

(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) "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.

(28) "Universal waste" has the meaning set forth in rules adopted by the commission.

(29) "Universal waste battery" means a waste battery generated by a nonresidential entity, such as a business, school, or government agency, that is managed as universal waste regulated in accordance with the commission's rules governing standards for universal waste management.

(30) "Universal waste handler" means the owner or operator of a facility that receives, accumulates, and sends universal waste to another universal waste handler, a destination facility, or a foreign destination in accordance with the commission's rules governing standards for universal waste management.

(30.5) (a) "Unwanted propulsion battery" means a propulsion battery that is no longer wanted by the owner.

(b) "Unwanted propulsion battery" includes a propulsion battery that has been damaged, including in a thermal runaway incident.

(31) "Written certification" means written certification by a producer that:

(a) The producer is a member of a battery stewardship organization; and

(b) A covered battery or battery-containing product is marked in accordance with section 25-17-1013 or the rules adopted in accordance with section 25-17-1013.