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Battery Charge: Colorado adopts new battery recycling model

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A U.S. state is adopting a new vehicle battery recycling law that will put the responsibility squarely on the shoulders of manufacturers

Colorado has enacted a new electric vehicle battery recycling law that could set a model for how automotive recyclers, automakers and battery processors manage high-voltage batteries at the end of a vehicle’s life.

Gov. Jared Polis signed Senate Bill 26-003 into law June 3. The law expands the state’s battery stewardship act to cover propulsion batteries used in electric and hybrid vehicles.  It takes effect Aug. 12.

 It requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure responsible management of those batteries. Annual reporting to state officials begins in 2030 and will cover battery collection, recycling processes and mineral recovery rates.

The bill passed with bipartisan support. Colorado legislature records show the Senate passed the bill 32-3 on third reading and later voted 35-0 to concur with House amendments. The House passed the bill 49-16.

Under the act, propulsion battery providers must register with the Colorado Department of Public Health and Environment by July 1, 2027. Providers or provider groups must submit education and outreach plans by Jan. 2, 2029.

Beginning July 1, 2029, propulsion battery providers will not be allowed to sell, offer for sale or distribute propulsion batteries in Colorado unless they have submitted an education and outreach plan that meets the law’s requirements. The law also bans disposal of propulsion batteries at solid waste disposal sites and facilities beginning July 1, 2029.

The Automotive Recyclers Association supported the bill after consulting on its development. In a May 14 release, Emil Nusbaum, vice-president of strategy, government and regulatory affairs at ARA, said the law responds to battery management problems already affecting vehicle recyclers.

“SB26-003 positions Colorado to address emerging battery management challenges that are already putting pressure on vehicle recycling infrastructure,” Nusbaum said in the release. “We are proud to have worked alongside the General Assembly and industry stakeholders to deliver a solution that is practical, market-driven, and built on infrastructure that has served Coloradans for over a century.”

The same ARA release said about 330,000 vehicles reach end-of-life in Colorado each year, with automotive recycling facilities processing most of them. As more electric and hybrid vehicles reach dismantling facilities, high-voltage battery handling is becoming a larger safety, environmental and operational concern.

The law also sets specific recovery targets for critical minerals in EV batteries. By 2031, recyclers must recover 90% of cobalt and nickel and 50% of lithium. The lithium recovery target rises to 80% by 2035.

Cirba Solutions, a Charlotte, N.C.-based battery recycling materials and management business, also supported the legislation. In a June 4 PR Newswire release from Cirba Solutions, Danielle Spalding, senior vice-president of corporate and external affairs at Cirba Solutions, said Colorado’s law creates a framework specific to EV batteries.

“This is a breakthrough opportunity for the industry,” Spalding said in the release. “Colorado recognized that the EV battery market requires its own purpose-built framework, one that addresses the unique scale, chemistry and recovery needs of standard EV batteries without disrupting the well-established systems already serving other battery markets.”

Spalding also said the bill reflects a more specific approach to EV battery recycling.

“What makes this bill different is the specificity,” Spalding said in the same release. “We’re not talking about a general mandate to recycle. We are shifting the focus to what the market needs – a plan for stranded EV batteries.”

The Cirba Solutions release said the law includes manufacturer collection and responsibility requirements, comprehensive labelling requirements, first-in-the-nation minimum mineral recovery rates, the July 1, 2029 landfill disposal ban and annual reporting requirements beginning June 1, 2030.

In a May 13 Western Resource Advocates release, Aaron Kressig, transportation electrification manager at Western Resource Advocates, linked battery recycling to the future EV supply chain.

“The EVs of tomorrow can be and should be powered by the batteries and critical minerals of today,” Kressig said in the release. “It’s that reduce, reuse, recycle mantra come to life at a statewide scale.”

Jessica Dunn, a scientist with the Union of Concerned Scientists’ Clean Transportation program, on the bill’s recovery target in the release.

“By setting clear recovery rates and prioritizing reuse and repurposing, this bill helps preserve the functional value of battery components for as long as possible and reduces the need for new extraction,” Dunn said.

The bill’s sponsors framed the measure as a way to clarify responsibility for batteries after an EV or hybrid vehicle reaches the end of its road.

In a May 4 Colorado Senate Democrats release, Sen. Katie Wallace, D-Longmont, said Colorado lacks a clear framework to specify who is responsible for an EV battery at the end of a vehicle’s life.

“Coloradans who drive electric vehicles care about reducing their environmental footprint,” Wallace said in the release. “But right now, Colorado lacks a clear framework to specify who is responsible for the battery at the end of a vehicle’s life, and that means batteries that could be re-used or recycled are needlessly going to waste.”

The same Colorado Senate Democrats release quoted Sen. Lisa Cutter, D-Jefferson County, on battery handling and fire risk.

“Colorado is a leader in electric vehicle adoption. It’s important that EV batteries are handled properly to ensure they are not a fire hazard, and ultimately recycled effectively,” Cutter said in the release. “This bill will help reduce reliance on newly mined minerals and improve the sustainability of electric vehicles.”

The Colorado legislature lists the bill’s prime sponsors as Wallace; Cutter; Rep. Kyle Brown, D-Louisville; and Rep. Rebekah Stewart, D-Lakewood.

 

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