{"data":{"id":"us-co/c.r.s.-25-17-1019","jurisdiction":"us-co","citation":"C.R.S. § 25-17-1019","heading":"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.","body":"(1) (a) On or before July 1, 2027, a propulsion battery provider shall register with the department by:\n\n(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\n\n(II) Informing 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. A propulsion battery provider intending to file as part of a group shall provide to the department the names of the other propulsion battery providers in the group, if feasible. A propulsion battery provider may participate in a group education and outreach plan without participating in group propulsion battery collection activities.\n\n(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's business name, contact information, address, and business description. A remanufacturer or repurposer is not required to pay the registration fee.\n\n(c) Before 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 secondary handler's business name, contact information, address, and business description. A secondary handler is not required to pay the registration fee.\n\n(2) On or before January 2, 2029, a propulsion battery provider or group of propulsion battery providers shall submit to the executive director an education and outreach plan. The education and outreach plan must:\n\n(a) Include a public education and outreach strategy for secondary handlers that describes:\n\n(I) The solid waste disposal site and facility ban in subsection (12) of this section;\n\n(II) The requirements for secondary handlers in subsection (10) of this section;\n\n(III) The process for how a secondary handler can notify the propulsion battery provider that an unwanted propulsion battery needs collection; and\n\n(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);\n\n(b) Specify how the propulsion battery provider's contact information for secondary handlers can be accessed;\n\n(c) Include information that the propulsion battery provider requires to determine the eligibility of a propulsion battery that needs collection, including:\n\n(I) Confirmation that the battery is a propulsion battery that has been removed from a vehicle;\n\n(II) Confirmation that, to the best of the secondary handler's knowledge, the propulsion battery has not been modified or taken apart;\n\n(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;\n\n(IV) The make, model, and year of the vehicle from which the propulsion battery came, if available;\n\n(V) The dimensions and weight of the propulsion battery, if available;\n\n(VI) A photograph of the propulsion battery and a photograph of the label on the propulsion battery;\n\n(VII) An assessment as to whether, to the best of the secondary handler's knowledge, the propulsion battery is damaged or defective;\n\n(VIII) A copy of the secondary handler's federal department of transportation hazmat transportation shipping certification, if available; and\n\n(IX) Secondary handler registration information; and\n\n(d) Describe how secondary handlers and first responders can access emergency response guides for electric vehicles.\n\n(3) On and after July 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 battery provider has submitted an education and outreach plan to the executive director in accordance with subsection (2) of this section.\n\n(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. At least one website must include the following:\n\n(a) A link to the propulsion battery provider's emergency response guides for electric vehicles;\n\n(b) The propulsion battery provider's contact information for secondary handlers; and\n\n(c) Instructions for how secondary handlers can provide the information described in subsection (2)(a)(III) of this section for a propulsion battery provider to determine the eligibility of an unwanted propulsion battery.\n\n(5) A propulsion battery provider shall:\n\n(a) Except as provided in subsection (5)(c) of this section, upon receiving notification in accordance with the notification process outlined in subsection (2)(a)(III) of this section that an unwanted propulsion battery needs collection, retrieve the battery and ensure responsible propulsion battery management. The propulsion battery provider shall retrieve an unwanted propulsion battery:\n\n(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\n\n(II) Within thirty days after receiving notification from a solid waste disposal site and facility.\n\n(b) Ensure the responsible propulsion battery management of all propulsion batteries within the possession of the propulsion battery provider in accordance with the battery management hierarchy;\n\n(c) Fully fund the costs of the collection of an unwanted propulsion battery offered by a secondary handler; except that a propulsion battery provider is not responsible for the collection of a propulsion battery that:\n\n(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 propulsion battery provider retains responsibility for responsible propulsion battery management;\n\n(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 battery provider retains responsibility for responsible propulsion battery management;\n\n(III) Has been disassembled into modules or cells; or\n\n(IV) Is contained within a vehicle or product that is directly owned or controlled by an insurance company; and\n\n(d) Provide the state of health of a propulsion battery embedded in a vehicle through the vehicle's in-vehicle display or through a nonproprietary on-board diagnostic scan tool for a vehicle that is model year 2028 or later. A propulsion 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. For 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.\n\n(6) On and after July 1, 2029, a propulsion battery provider shall not sell, offer for sale, or distribute in or into the state a propulsion battery unless the propulsion battery provider:\n\n(a) (I) Applies a label to the propulsion battery that includes the name of the propulsion battery provider responsible for the propulsion battery, its date of manufacture, and the following:\n\n(A) An identification of the chemistry of the propulsion battery, including the cathode type and anode type, in accordance with SAE International J2984 standard, \"Chemical Identification of Transportation Batteries for Recycling\";\n\n(B) The rated capacity or energy as measured by SAE International J2288 standard, \"Life Cycle Testing of Electric Vehicle Battery Modules\";\n\n(C) The hazardous substances contained in the propulsion battery;\n\n(D) Product safety and recall information; and\n\n(E) Safe disposal information.\n\n(II) A propulsion battery provider that applies a label shall attach the label to the exterior of the propulsion battery so that the label is visible and accessible when the propulsion battery is removed from the vehicle in accordance with the manufacturer's recommended procedures for battery removal. The label must remain legible, adhered, and functionally intact under expected environmental and life-cycle conditions within the vehicle.\n\n(b) (I) To comply with subsection (6)(a)(I) of this section, a propulsion battery provider may apply a quick response (QR) code to the propulsion battery that links to a data repository website.\n\n(II) The data repository website may include 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 manufacture and the data repository website entry includes the applicable range of dates of manufacture.\n\n(7) On and after July 1, 2029, a remanufacturer selling propulsion batteries in the state:\n\n(a) Shall relabel a propulsion battery to ensure that the remanufacturer's brand is clearly marked on the label. If the original label remains, the remanufacturer shall place the new label adjacent to the original label and clearly identify the original label as obsolete. If 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 response (QR) code to reflect the new composition.\n\n(b) Shall ensure responsible propulsion battery management when:\n\n(I) A propulsion battery that the remanufacturer disassembles or remanufactures is ultimately not sold for use in a vehicle; and\n\n(II) An unwanted propulsion battery that has been removed from a vehicle by a secondary handler in the state is collected by the remanufacturer;\n\n(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;\n\n(d) Is not responsible for collecting a remanufactured propulsion battery if:\n\n(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 responsibility for responsible propulsion battery management;\n\n(II) The remanufactured propulsion battery is contained within a vehicle or product that is directly owned or controlled by an insurance company;\n\n(III) The 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\n\n(IV) The remanufactured propulsion battery has been disassembled into modules or cells;\n\n(e) Except as provided in subsection (7)(d) of this section, 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:\n\n(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\n\n(II) Within thirty days after receiving notification from a solid waste disposal site and facility; and\n\n(f) Shall establish a process for a secondary handler to notify the remanufacturer that an unwanted propulsion battery needs collection. The process must include the following:\n\n(I) An education and outreach program for secondary handlers;\n\n(II) The remanufacturer's contact information for secondary handlers; and\n\n(III) Information that the remanufacturer requires to determine the eligibility of a propulsion battery that needs collection, including:\n\n(A) Confirmation that the battery is a propulsion battery that has been removed from a vehicle;\n\n(B) Confirmation 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;\n\n(C) Confirmation that, to the best of the secondary handler's knowledge, the propulsion battery is fully owned by the secondary handler with no known pending claims for loss or damages by an insurance provider;\n\n(D) The make, model, and year of the vehicle from which the propulsion battery came, if available;\n\n(E) The dimensions and weight of the propulsion battery, if available;\n\n(F) A photograph of the propulsion battery and a photograph of the label on the propulsion battery;\n\n(G) An assessment as to whether, to the best of the secondary handler's knowledge, the propulsion battery is damaged or defective;\n\n(H) A copy of the secondary handler's federal department of transportation hazmat transportation shipping certification, if available; and\n\n(I) Secondary handler registration information.\n\n(8) (a) A propulsion 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.\n\n(b) A propulsion battery provider or remanufacturer may contract with a third party to manage propulsion batteries to satisfy the requirements of this section.\n\n(9) (a) On or before June 1, 2030, and on or before each June 1 thereafter, a propulsion battery provider and a remanufacturer shall submit an annual report to the executive 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. The report must include the following:\n\n(I) Any updates to education and outreach materials for secondary handlers and how the updates were communicated;\n\n(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;\n\n(III) For each request received to collect an unwanted propulsion battery:\n\n(A) The date that the secondary handler notified the propulsion battery provider or remanufacturer that the unwanted propulsion battery needed to be collected and provided the eligibility information described in subsections (2)(c) and (7)(f)(III) of this section;\n\n(B) The date a plan was communicated to the secondary handler for collecting the unwanted propulsion battery; and\n\n(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;\n\n(IV) The number of propulsion batteries, separated by chemistry, sent for reuse, remanufacturing, repurposing, and propulsion battery recycling, respectively;\n\n(V) The propulsion battery recyclers used in the propulsion battery recycling process, including identification of a recycler's location;\n\n(VI) A description of the general processes used by propulsion battery recyclers to achieve required recovery rates; and\n\n(VII) For each propulsion battery recycler used:\n\n(A) The recovery rate of lithium, cobalt, and nickel present in the propulsion battery feedstock, using the calculations described in this subsection (9). The targeted critical minerals and specific ratios must be listed separately. 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.\n\n(B) The form of the majority of recovered battery material must be identified as elemental, compound, or intermediate, consistent with the recovery definition in section 25-17-1003 (24.5).\n\n(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 facility-level yearly average:\n\n(I) By 2031:\n\n(A) Ninety percent of cobalt;\n\n(B) Ninety percent of nickel; and\n\n(C) Fifty percent of lithium; and\n\n(II) By 2035:\n\n(A) Ninety percent of cobalt;\n\n(B) Ninety percent of nickel; and\n\n(C) Eighty percent of lithium.\n\n(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. 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 section 25-17-1003 (24.5).\n\n(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. The mass of target critical minerals entering and leaving the recycling process shall be determined based on their chemical composition, using analytical methods and sampling procedures that are representative of the material flows.\n\n(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 based on continuous sampling or representative sampling methods consistent with generally accepted industry standards.\n\n(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.\n\n(II) The information described in subsections (9)(a)(I), (9)(a)(II), (9)(a)(IV), (9)(a)(VI), and (9)(a)(VII) of this section and aggregated information from subsections (9)(a)(III) and (9)(a)(V) of this section is not proprietary.\n\n(III) Any information made publicly available must be aggregated so that no individual propulsion battery provider, remanufacturer, or propulsion battery recycler is identifiable.\n\n(IV) An annual report submitted pursuant to this subsection (9) may be unique to Colorado or include information for multiple states.\n\n(V) A propulsion battery provider that is also a remanufacturer may submit one annual report.\n\n(10) (a) On and after July 1, 2029:\n\n(I) A secondary handler shall manage a propulsion battery by ensuring responsible propulsion battery management;\n\n(II) If 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 batteries;\n\n(III) A secondary 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;\n\n(IV) When shipping a propulsion battery, a secondary handler is responsible for ensuring compliance with proper personnel training requirements for shipping under 49 CFR 172.700 to 172.704;\n\n(V) When 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 values at the time of sale or transfer of the propulsion battery to another person;\n\n(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 area, minimizing exposure to precipitation and extreme heat or cold. A secondary 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.\n\n(VII) A secondary handler working with propulsion batteries shall obtain relevant safety training to assist with the safe handling and storage of propulsion batteries.\n\n(b) Subsections (10)(a)(III), (10)(a)(V), (10)(a)(VI), and (10)(a)(VII) of this section do not apply to a solid waste disposal site and facility.\n\n(c) Notwithstanding section 25-17-1018, the commission shall not adopt rules for the purposes of implementing subsections (10)(a)(VI) and (10)(a)(VII) of this section.\n\n(11) (a) On and after July 1, 2029, a repurposer shall:\n\n(I) Relabel a propulsion battery that is repurposed in the state to ensure that the repurposer's brand is clearly marked on the label. If the original label remains, the repurposer shall place the new label adjacent to the original label and clearly identify the original label as obsolete.\n\n(II) Ensure the propulsion battery recycling of propulsion batteries that are within the repurposer's 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 contract.\n\n(b) (I) On or before June 1, 2030, and on or before each June 1 thereafter, a registered repurposer shall submit an annual report to the executive director covering the preceding calendar year of the repurposer's responsible propulsion battery management. The report must include the following:\n\n(A) The number of propulsion batteries that the repurposer repurposed from Colorado; and\n\n(B) The name and address of where the repurposed batteries were sold or transferred, including for batteries sent for use in a secondary application and those sent for propulsion battery recycling.\n\n(II) The annual report submitted pursuant to this subsection (11) may be unique to Colorado or may include information for multiple states.\n\n(III) A repurposer that is also a remanufacturer may submit one annual report.\n\n(12) On and after July 1, 2029:\n\n(a) A person shall not dispose of a propulsion battery by taking the propulsion battery to a solid waste disposal site and facility; and\n\n(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.","path":["Title 25 - PUBLIC HEALTH AND ENVIRONMENT","Article 17 - Waste Diversion and Recycling","Part 10 - BATTERY STEWARDSHIP PROGRAMS"],"source_url":"https://olls.info/crs/crs2026-title-25.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"c0d10d226750683d3a72140edde78a15fdd313f5d1ea4056802045138075f5e7","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-25-17-1018","next":"us-co/c.r.s.-25-17-1020"},"notice":"GroundRules: Original legal text. Not legal advice."}