Senate advances battery stewardship program but rejects expanding scope to large-format batteries and EV packs

Senate Bill 1-63, which creates a battery stewardship program to collect and recycle certain small- and medium-format removable batteries, passed second reading after committee amendments and extensive floor debate on April 28.

Supporters, including the bill’s sponsors in Health and Human Services and Appropriations, said the program addresses fires and recycling challenges caused by discarded batteries. Committee amendments delayed implementation deadlines and clarified exemptions for medical devices and electric vehicles; appropriations amendments delayed implementation until fees begin to be collected.

Senator Pelton B and others offered floor amendments (L-011 and L-010) attempting to expand the covered battery types to include power-distribution batteries and electric-vehicle battery packs. Proponents of those amendments argued rural counties hosting renewable-energy projects and power-distribution facilities face risks from improper disposal of larger-format batteries and urged inclusion. Sponsors and other senators opposed the expansions, saying the bill focuses on the “lowest-hanging fruit” (removable batteries like AA/AAA) and that adding large-format and EV batteries raises technical, logistical and fiscal issues that need separate legislation. Both expansion amendments were defeated on the floor.

The bill, as amended, requires producer participation for small/medium removable batteries, establishes collection and recycling procedures, and includes stakeholder-driven implementation and CDPHE rule authority. Senators praised the bipartisan stakeholder process and said the program will reduce fires at waste facilities and recover recyclable materials. The Senate ordered the bill to third reading.