On May 6, 2025, the Colorado House and Senate passed SB 163: Concerning the establishment of battery stewardship programs for the disposal of certain batteries. This bill closely follows the PRBA model legislation. PRBA worked extensively with the bill’s sponsor (Senator Lisa Cutter), Recycle Colorado, Eco-Cycle, and other stakeholders in Colorado. The bill covers all portable and medium format batteries with a few exceptions.
The text of the bill can be found on the Colorado General Assembly website.
The bill is now with Governor Polis, who is expected to sign it into law. Upon signing, Colorado would follow California, Illinois, Vermont, Washington State, and Washington DC in enacting similar extended producer responsibility (EPR) battery laws. The laws in Illinois, Vermont, and Washington state cover portable and medium format batteries. The California and Washington DC laws cover portable batteries (Legislation could be introduced next year in California amending the existing law to include medium format batteries).
SB 163 would require battery stewardship organizations to submit plans to the Department of Public Health and the Environment by July 1, 2026. By August 1, 2026, a producer selling, making available for sale, or distributing covered batteries or battery-containing products would be required to participate in and finance an approved battery stewardship organization. On or after July 1, 2028, the new law also would prohibit retailers from selling covered batteries and battery-containing products in the state unless the producers of the products are participating in an approved battery stewardship program.
PRBA’s Legislative Committee will be meeting on May 20, 2025, to discuss these latest developments in Colorado and the 15 other states that have introduced portable/medium format battery and EV battery EPR legislation this year. Please contact Marc Boolish at 202.719.7170 or [email protected] with any questions regarding Colorado’s SB 163 or other state legislation.