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