Amendments for SB25-163
Senate Journal, February 27
After consideration on the merits, the Committee recommends that SB25-163 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 6, line 6, strike "DEVICE," and substitute "MEDICAL
DEVICE,".
Page 6, strike lines 15 and 16 and substitute:
"(V) A BATTERY, ASSEMBLED BY OR FOR A VEHICLE MANUFACTURER OR
FRANCHISED DEALER, 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.".
Page 8, line 2, strike "OR" and substitute "AND".
Page 8, line 3, strike "WATT-HOURS, OR BOTH." and substitute "WATT-HOURS.".
Page 9, line 15, strike "BATTERY" and substitute "PRODUCT".
Page 9, line 19, strike "BATTERY" and substitute "PRODUCT".
Page 14, line 15, strike "THREE" and substitute "FIVE".
Page 17, line 24, strike "AMENDMENT." and substitute "AMENDMENT; EXCEPT
THAT, IF MULTIPLE PLANS ARE SUBMITTED, THE REVIEW TIMELINE IS EXTENDED
BY SIXTY DAYS.".
Page 20, line 12, strike "THE COLLECTION SITE" and substitute "A LOCAL
GOVERNMENT SERVING AS A COLLECTION SITE, A SOLID WASTE FACILITY, OR A
LOCAL GOVERNMENT'S DESIGNATED COLLECTION SITE".
Page 22, line 8, after "SITES" insert "OR EVENTS".
Page 25, line 14, strike "JULY 1, 2027," and substitute "DECEMBER 1, 2027,".
Page 26, line 3, strike "MAY" and substitute "SHALL".
Page 26, line 27, strike "AND".
Page 27, strike line 6 and substitute "PUBLIC; AND
(h) WHETHER THE TECHNOLOGY EXISTS TO SAFELY AND RELIABLY
REPAIR OR REFURBISH BATTERIES FOR REUSE.".
Page 27, line 27, after "STATE" insert "AND LOCAL".
Page 28, line 22, before "DAMAGED" insert "COVERED AND".
Page 34, line 5, strike "UPON" and substitute "WITHIN FORTY-FIVE DAYS
AFTER".
Page 35, line 11, after "(1)" insert "(a)".
Page 35, line 17, strike "(a)" and substitute "(I)".
Page 35, strike lines 18 through 20 and substitute "COVERED BATTERY; AND".
Page 35, line 21, strike "(b)" and substitute "(II)".
Page 35, after line 24 insert:
"(b) SUBSECTION (1)(a) OF THIS SECTION DOES NOT APPLY TO A
COVERED BATTERY THAT IS LESS THAN ONE-HALF INCH IN DIAMETER OR THAT
DOES NOT CONTAIN A SURFACE LENGTH THAT EXCEEDS ONE-HALF INCH.".
Page 36, line 5, strike "ONE OF".
Page 36, line 6, strike "OPTIONS:" and substitute "METHODS:".
Page 36, line 9, strike "OR" and substitute "AND".
Page 39, strike lines 23 through 27 and substitute:
"SECTION 2. Act subject to petition - effective date. This act takes
effect at 12:01 a.m. on the day following the expiration of the ninety-day period
after final adjournment of the general assembly; 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.".
Education
Senate Journal, April 25
After consideration on the merits, the Committee recommends that SB25-163 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Health and Human Services Committee Report, dated February 26,
2025, page 1, after line 13 insert:
"Page 12 of the printed bill, line 2, strike "2026:" and substitute "2027:".
Page 14 of the bill, line 1, strike "2026," and substitute "2027,".".
Page 2 of the report, strike line 4 and substitute "2028,".".
Page 2 of the report, after line 9 insert:
"Page 27 of the bill, line 9, strike "OCTOBER 1, 2027." and substitute "MARCH
1, 2028.".".
Page 2 of the report, strike lines 12 and 13 and substitute:
"Page 33 of the printed bill, strike lines 17 through 27 and substitute
"responsibilities of the executive director. (1) (a) IN ADDITION TO THE
ANNUAL FEE DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION, A BATTERY
STEWARDSHIP ORGANIZATION SHALL PAY A ONE-TIME PLAN REVIEW FEE, IN THE
AMOUNT OF FIFTY THOUSAND DOLLARS, AT THE TIME THE BATTERY
STEWARDSHIP ORGANIZATION SUBMITS A PLAN TO THE EXECUTIVE DIRECTOR
FOR APPROVAL. IF THE EXECUTIVE DIRECTOR APPROVES THE PLAN, THE
BATTERY STEWARDSHIP ORGANIZATION SHALL PAY AN ADDITIONAL
ADMINISTRATIVE FEE OF THIRTY THOUSAND DOLLARS WITHIN THREE MONTHS
AFTER THE PLAN IS APPROVED. THERE IS NO FEE WHEN A BATTERY STEWARDSHIP
ORGANIZATION SEEKS TO RENEW A PLAN THAT WAS PREVIOUSLY APPROVED BY
THE EXECUTIVE DIRECTOR OR SUBMITS A PLAN AMENDMENT.
(b) WITHIN TWELVE MONTHS AFTER A PLAN IS APPROVED, AND ON OR
BEFORE EACH JULY 1 THEREAFTER, A BATTERY STEWARDSHIP ORGANIZATION
SHALL PAY TO THE DEPARTMENT AN ANNUAL FEE TO COVER THE DEPARTMENT'S
COST OF IMPLEMENTING, ADMINISTERING, AND ENFORCING THIS PART 10. THE
STATE TREASURER SHALL CREDIT THE ANNUAL FEES TO THE FUND, AND THE
DEPARTMENT SHALL USE THE FEES FOR COSTS ASSOCIATED WITH THE
ADMINISTRATION OF THIS PART 10. THE AMOUNT OF THE FIRST ANNUAL FEE IS
EIGHTY THOUSAND DOLLARS. FOR EACH ANNUAL FEE THEREAFTER, THE
COMMISSION SHALL ESTABLISH THE FEE AMOUNT BY RULE.".
Page 34 of the bill, strike lines 1 through 8.
Page 34 of the bill, strike lines 17 through 27 and substitute "FUND TO THE
FUND. MONEY NOT EXPENDED AT THE END OF A STATE FISCAL YEAR REMAINS
IN THE FUND AND DOES NOT REVERT TO THE GENERAL FUND OR ANY OTHER
FUND.
(d) THE DEPARTMENT SHALL USE FUNDS COLLECTED PURSUANT TO THIS
SECTION TO PROVIDE DIRECT SERVICES TO BATTERY STEWARDSHIP
ORGANIZATIONS WITH AN APPROVED PLAN TO ENSURE EFFECTIVE PROGRAM
OVERSIGHT, COMPLIANCE SUPPORT, AND PUBLIC ENGAGEMENT. SUCH SERVICES
INCLUDE:
(I) REVIEWING, APPROVING, AND PROVIDING FEEDBACK ON BATTERY
STEWARDSHIP PLANS AND PLAN AMENDMENTS TO ENSURE COMPLIANCE WITH
STATE LAW AND TO HELP ORGANIZATIONS MEET PERFORMANCE GOALS
EFFICIENTLY;
(II) CONDUCTING COMPLIANCE AUDITS, REVIEWING ANNUAL REPORTS
SUBMITTED PURSUANT TO SECTION 25-17-1011 WITHIN NINETY DAYS AFTER
SUBMISSION, AND OFFERING APPLICABLE TECHNICAL RECOMMENDATIONS TO
IMPROVE PROGRAM EFFECTIVENESS AND TRANSPARENCY;
(III) PROVIDING, UPON REQUEST, A LIST OF APPROVED BATTERY
STEWARDSHIP ORGANIZATIONS, PARTICIPATING PRODUCERS, AND COMPLIANT
RETAILERS TO INCREASE CONSUMER AWARENESS AND PROMOTE PARTICIPATION
IN A BATTERY STEWARDSHIP PROGRAM;
(IV) OFFERING TECHNICAL ASSISTANCE, INCLUDING REGULATORY
GUIDANCE, BEST PRACTICES FOR COLLECTION SITE OPERATIONS, AND SUPPORT
FOR RETAILERS AND PRODUCERS NAVIGATING COMPLIANCE REQUIREMENTS;
(V) COLLABORATING WITH APPROVED BATTERY STEWARDSHIP
ORGANIZATIONS TO ADDRESS OPERATIONAL CHALLENGES, FACILITATE
COORDINATION BETWEEN PRODUCERS, RECYCLERS, AND LOCAL GOVERNMENTS,
AND ENSURE CONTINUOUS PROGRAM IMPROVEMENT; AND
(VI) ENFORCING THIS PART 10 PURSUANT TO SECTION 25-17-1015,
ENSURING FAIR ENFORCEMENT AMONG PARTICIPANTS, AND PROTECTING THE
INTEGRITY OF BATTERY STEWARDSHIP PROGRAMS.".
Page 35 of the bill, strike lines 1 through 9.".
Page 2 of the report, after line 23 insert:
"Page 36 of the bill, line 4, strike "2029," and substitute "2030,".".
Page 2 of the report, after line 26 insert:
"Page 36 of the bill, line 13, strike "2029:" and substitute "2030:".".
Page 3 of the report, after line 10 insert:
"Strike "2028," and substitute "2029," on: Page 12, line 13; Page 16, line 17;
Page 23, line 21; and Page 29, line 25.
Strike "2027," and substitute "2028," on: Page 23, line 9; Page 33, line 27; and
Page 35, line 13.".
Page 12 of the bill, line 20, strike "WEBSITE MADE AVAILABLE" and substitute
"LIST PROVIDED".
Page 12 of the bill, line 21, strike "LISTS," and substitute "INCLUDES,".
Appro-
priations
Senate Journal, April 28
SB25-163 by Senator(s) Cutter; also Representative(s) Brown and Stewart R.--Concerning the
establishment of battery stewardship programs for the disposal of certain batteries.
Amendment No. 1, Health & Human Services Committee Amendment.
(Printed in Senate Journal, February 27, page(s) 327-329 and placed in members' bill
files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, April 25, page(s) 1086-1088 and placed in members' bill files.)
Amendment No. 3(L.007), by Senator Cutter.
Amend the Health and Human Services Committee Report, dated February 26,
2025, page 2, strike lines 5 through 9.
Amend printed bill, page 4, after line 21 insert:
"(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.".
Page 6 of the bill, line 7, strike "10, THAT IS" and substitute "10;".
Page 6 of the bill, strike lines 8 and 9.
Page 7 of the bill, strike lines 11 through 15 and substitute:
"(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.".
Page 11 of the bill, after line 19 insert:
"(28) "UNIVERSAL WASTE" HAS THE MEANING SET FORTH IN 40 CFR
273.9.
(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.".
Renumber succeeding subsection accordingly.
Page 13 of the bill, line 3, after "WITH" insert "AN APPROVED BATTERY
STEWARDSHIP PLAN AND".
Page 25 of the bill, strike lines 8 through 12 and substitute:
"(d) (I) THE DEPARTMENT MAY ISSUE A WARNING TO, SUSPEND, OR
TERMINATE A COLLECTION SITE THAT:
(A) DOES NOT ADHERE TO THE CRITERIA FOR COLLECTION SITES IN THE
APPROVED PLAN; OR
(B) POSES AN IMMEDIATE HEALTH AND SAFETY CONCERN.
(II) A BATTERY STEWARDSHIP ORGANIZATION SHALL REPORT A
NONCOMPLIANT SITE TO THE DEPARTMENT FOR REVIEW AND POTENTIAL
ENFORCEMENT ACTION. THE BATTERY STEWARDSHIP ORGANIZATION SHALL
SUSPEND SERVICES TO THE SITE AT THE TIME THE BATTERY STEWARDSHIP
ORGANIZATION REPORTS THE SITE TO THE DEPARTMENT AND UNTIL THE SITE
COMES INTO COMPLIANCE.".
Page 25 of the bill, line 19, strike "STUDIES" and substitute "STUDIES,
INCLUDING THOSE CONDUCTED WITHIN COLORADO,".
Page 26 of the bill, strike lines 2 through 5 and substitute "BENEFITS.".
Page 26 of the bill, line 12, strike "COLLECTION," and substitute "COLLECTION
IN RURAL AND URBAN AREAS,".
Page 26 of the bill, line 16, after the semicolon add "AND".
Page 26 of the bill, line 19, strike "BATTERIES;" and substitute "BATTERIES.".
Page 26 of the bill, strike lines 20 through 27.
Page 27 of the bill, strike lines 1 through 6.
Page 37 of the bill, strike lines 14 through 27 and substitute:
"25-17-1015. Enforcement. FOR VIOLATIONS RELATED TO COVERED
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.".
Page 38 of the bill, strike lines 1 through 20.
Page 39 of the bill, after line 22 insert:
"SECTION 2. In Colorado Revised Statutes, 25-15-308, amend (2)(a)
and (4)(a); and add (5) as follows:
25-15-308. Prohibited acts - enforcement - definition.
(2) (a) Whenever the department finds that any A person is or has been in
violation of any permit, rule, regulation, or requirement of this part 3 OR PART
10 OF ARTICLE 17 OF THIS TITLE 25, the department may issue an order
identifying the factual and legal elements of such violation with particularity
and requiring such person to comply with any such permit, rule, regulation, or
requirement and may request the attorney general to bring suit for injunctive
relief or for penalties pursuant to section 25-15-309 or 25-15-310.
(4) (a) Any action pursuant to this part 3 OR PART 10 OF ARTICLE 17 OF
THIS TITLE 25 shall commence within two years after the date upon which the
department discovers an alleged violation of this part 3 OR PART 10 OF ARTICLE
17 OF THIS TITLE 25 or within five years after the date upon which the alleged
violation occurred, whichever date occurs earlier; except that such limitation
period is tolled during any period that the alleged violation is intentionally
concealed. For the purposes of this section, "intentionally" shall have the
meaning provided for such term in section 18-1-501 (5), C.R.S.
(5) AS USED IN THIS SECTION, "INTENTIONALLY" HAS THE MEANING SET
FORTH IN SECTION 18-1-501 (5).
SECTION 3. In Colorado Revised Statutes, 25-15-309, amend (1), (2),
(3) introductory portion, and (4) as follows:
25-15-309. Administrative and civil penalties. (1) Any A person who
violates the provisions of section 25-15-308, or who violates any compliance
order of the department which THAT is not subject to a stay pending judicial
review and which THAT has been issued pursuant to this part 3, OR VIOLATES
PART 10 OF ARTICLE 17 OF THIS TITLE 25 shall, for each such violation, be
subject to a penalty for each day during which such violation occurs or
continues. The department may impose an administrative penalty of no more
than fifteen thousand dollars per day per violation. In lieu of imposing an
administrative penalty pursuant to this section, the department may seek a civil
penalty for violation of state environmental law in the district court of the
judicial district in which the violation occurs. The district court may impose a
civil penalty of no more than twenty-five thousand dollars per day per violation.
(2) The department shall not be precluded from referring a matter for
criminal prosecution regardless of whether an order is issued pursuant to section
25-15-301 (4)(a) or 25-15-308. The department shall not impose both a civil
penalty and an administrative penalty for any particular instance of a violation
of this part 3 OR PART 10 OF ARTICLE 17 OF THIS TITLE 25.
(3) The department, the administrative law judge, the commission, or
the court shall consider the factors contained in paragraphs (a) to (i) of this
subsection (3) SUBSECTIONS (3)(a) TO (3)(i) OF THIS SECTION in determining the
amount of any administrative or civil penalty for a violation of this part 3 OR
PART 10 OF ARTICLE 17 OF THIS TITLE 25. The factors contained in paragraphs
(f), (g), and (h) of this subsection (3) SUBSECTIONS (3)(f), (3)(g), AND (3)(h) OF
THIS SECTION shall be mitigating factors and may be applied, together with other
factors, to reduce penalties. Such factors are:
(4) Notwithstanding the provisions of subsection (3) of this section, the
department may enter into settlement agreements regarding any penalty or claim
resolved pursuant to this part 3 OR PART 10 OF ARTICLE 17 OF THIS TITLE 25.
Any settlement agreement may include but is not necessarily limited to the
payment or contribution of moneys MONEY to state or local agencies or for other
environmentally beneficial purposes.".
Renumber succeeding section accordingly.
As amended, ordered revised and placed on the calendar for third reading and final
passage.
House Journal, May 2
50 SB25-163 be amended as follows, and as so amended, be referred to
51 the Committee on Appropriations with favorable
52 recommendation:
53
54 Amend reengrossed bill, page 6, line 18, strike "OR".
55
56 Page 6, after line 18 insert:
1 "(V) A BATTERY THAT IS DAMAGED, IS DEFECTIVE, OR HAS BEEN
2 RECALLED; OR".
3
4 Renumber succeeding subparagraph accordingly.
5
6 Page 12, strike lines 2 and 3 and substitute:
7
8 "(28) "UNIVERSAL WASTE" HAS THE MEANING SET FORTH IN RULES
9 ADOPTED BY THE COMMISSION.".
10
11 Page 34, line 16, strike "THIRTY" and substitute "EIGHTY-SIX".
12
13 Page 35, strike lines 1 and 2 and substitute "COMMISSION SHALL
14 ESTABLISH THE".
15
16