(1) On
or before June 1, 2029, and on or before each June 1 thereafter, a battery
stewardship organization shall submit an annual report to the executive director
covering the preceding calendar year of battery stewardship plan implementation.
The report must include the following:
(a) An independent third-party financial assessment of the program
implemented by the organization, including a breakdown of the program's
expenses, such as collection expenses, recycling expenses, education and outreach
expenses, and overhead expenses;
(b) A summary financial statement documenting the financing of the
organization's program and an analysis of program costs and expenditures,
including an analysis of the program's expenses, such as collection, transportation,
recycling, education, and administrative overhead. The summary financial
statement must be sufficiently detailed to show that the charges collected from
producers as a result of the producers' activities in the state are spent on program
implementation in the state. If the organization is implementing similar programs in
multiple states, the organization may submit a financial statement including all
covered states, as long as the statement breaks out financial information pertinent
to Colorado.
(c) The weight, by chemistry, of covered batteries collected under the
program;
(d) The weight of materials recycled from covered batteries collected under
the program, in total and by method of battery recycling;
(e) A calculation of the recycling efficiency rates, as measured in
accordance with subsection (2) of this section;
(f) A list of all facilities used in the processing and final disposition of
covered batteries, including identification of a facility's location and whether the
facility is located domestically, in an organization for economic cooperation and
development country, or in a country that meets organization for economic
cooperation and development operating standards. For domestic facilities, the
organization shall provide a summary of the violations of environmental laws and
regulations at each facility over the three years immediately preceding the
submission of the annual report.
(g) For each facility used in the final disposition of covered batteries, a
description of how the facility recycled or otherwise managed batteries and battery
components;
(h) The weight and chemistry of covered batteries sent to each facility used
for the final disposition of batteries. The information in this subsection (1)(h) may be
approximated for program operations in the state based on extrapolations of
national or regional data for programs in operation in multiple states.
(i) The collection rate achieved under the program, including a description of
how this collection rate is calculated and how it compares to the collection rate
goals established pursuant to section 25-17-1006 (1)(a);
(j) The estimated aggregate sales, by weight and chemistry, of covered
batteries and of batteries contained in or with battery-containing products sold,
offered for sale, or distributed in or into the state by participating producers for
each of the three years immediately preceding the submission of the annual report;
(k) A description of the manner in which the collected covered batteries
were managed and recycled, including a discussion of best available technologies
and recycling efficiency rate;
(l) A description of the education and outreach efforts supporting plan
implementation, including:
(I) An evaluation of the effectiveness of education and outreach activities;
(II) A summary of education and outreach provided to consumers, collection
sites, manufacturers, distributors, and retailers by the program operator for the
purpose of promoting the collection and recycling of covered batteries;
(III) A description of how the education and outreach efforts meet the
requirements of section 25-17-1010;
(IV) Samples of education and outreach materials;
(V) A summary of coordinated education and outreach efforts with any other
battery stewardship organizations implementing an approved plan; and
(VI) A summary of any changes made to education and outreach activities
during the calendar year immediately preceding the submission of the annual
report;
(m) A list of all collection sites used to implement the program, an address
for each collection site, an up-to-date map indicating the location of each collection
site, and links to appropriate websites where there are existing websites associated
with a collection site;
(n) A description of methods used to collect, transport, and recycle covered
batteries by the organization; and
(o) A summary of progress made toward the performance goals established
pursuant to section 25-17-1006 and an explanation of why performance goals were
not met, if applicable.
(2) The weight of covered batteries or recovered resources from those
batteries must only be counted once toward an organization's recycling efficiency
rate and for the purposes of collecting charges pursuant to section 25-17-1007
(1)(a) and may not be counted by more than one battery stewardship organization.
(3) The executive director and an organization shall keep proprietary
information provided by a producer confidential.