Senate Bill 25-163, concerning the establishment of battery stewardship programs for the disposal of certain batteries, created the 'Battery Stewardship Act', which requires the establishment of battery stewardship organizations and the submittal of battery stewardship plans to the executive director of the department of public health and environment (executive director) for the collection, transportation, processing, and recycling of certain batteries. The act expands the scope of the 'Battery Stewardship Act' to cover the end-of-life management of propulsion batteries, which are batteries that are primarily used to supply power to an electric or hybrid vehicle, and establishes requirements concerning propulsion batteries that differ from the requirements for the batteries currently contemplated by the 'Battery Stewardship Act'. On or before July 1, 2027, a person selling, offering for sale, or distributing propulsion batteries or vehicles containing a propulsion battery in or into the state (propulsion battery provider) is required to register with the department of public health and environment (department). On or before January 2, 2029, a propulsion battery provider or group of propulsion battery providers must submit to the executive director an education and outreach plan that contains certain information about the management of propulsion batteries. On and after July 1, 2029, the act prohibits a propulsion battery provider from selling, making available for sale, or distributing a propulsion battery in or into the state unless the propulsion battery provider has submitted an education and outreach plan that meets the requirements of the act. The act also requires a propulsion battery provider to develop and maintain at least one website that, among other things, includes the information in the propulsion battery provider's education and outreach plan. The act requires propulsion battery providers to collect certain unwanted propulsion batteries and ensure the responsible management of the unwanted propulsion batteries collected. In addition, the act requires a propulsion battery provider to, on and after July 1, 2029, label a propulsion battery and specifies the information that must be included on the label. On or before June 1, 2030, and on or before each June 1 thereafter, a propulsion battery provider is directed to submit an annual report to the executive director covering the preceding calendar year of the responsible management of the propulsion batteries collected by the propulsion battery provider. A propulsion battery provider is required to pay a program initiation fee to the department. The amount of the program initiation fee for each propulsion battery provider is based on each propulsion battery provider's percentage of all propulsion battery vehicles registered in the state. On or before July 1, 2030, and on or before each July 1 thereafter, a propulsion battery provider is also required to pay an annual fee to cover the department's cost of implementing, administering, and enforcing the act. The solid and hazardous waste commission is directed to establish the annual fee amount by rule on or before July 1, 2029. The act specifies how the department is required to implement, administer, and enforce the act. For example, the department is required to assess annual reports submitted by propulsion battery providers, compile a list of entities registered with the department, provide a digital registration form that an entity can use to register, and conduct an email survey with registered entities to request feedback on the functioning of the propulsion battery management program. The act also sets forth requirements for persons that remanufacture a propulsion battery; persons that use a propulsion battery for a different use than the use for which the propulsion battery was originally designed; commercial entities that take possession of a propulsion battery for the purpose of selling, dispositioning, repairing, reusing, or recycling the propulsion battery; and entities that conduct propulsion battery recycling. On and after July 1, 2029, the disposal of propulsion batteries at a solid waste disposal site and facility is prohibited.(Note: This summary applies to this bill as enacted.)
The act extends the availability of the conservation easement tax credit from income tax year 2031 through income tax year 2036. The act also prohibits the division of conservation from issuing any additional credit certificates or amending previously issued credit certificates as a result of the additional authority granted by the act for a donation made prior to the effective date of the act.(Note: This summary applies to this bill as enacted.)
The act directs the state treasurer to annually transfer no more than $3 million from the severance tax perpetual base fund to the species conservation trust fund. The act also directs the state treasurer to, beginning on June 30, 2027, annually transfer from the severance tax operational fund to the general fund the lesser of $14.2 million or the difference between the amount of severance tax revenue projected to be deposited in the operational fund in the current fiscal year and the amount appropriated from the operational fund for certain programs in the same fiscal year. The cash funds appropriation from the severance tax operational fund for the 2026-27 state fiscal year to the department of natural resources for use by the executive director's office for the species conservation trust fund is decreased by $3,000,000.(Note: This summary applies to this bill as enacted.)
For state fiscal year 2026-27, the act appropriates $5,000,000 from the species conservation trust fund (trust fund) in the state treasury for various wildlife conservation programs directed at conserving candidate species or species that are likely to become candidate species, as determined by the United States fish and wildlife service. The executive director of the Colorado department of natural resources, after consulting with the Colorado water conservation board, the parks and wildlife commission, and the director of the division of parks and wildlife, has submitted to the general assembly a list of programs and associated costs that are eligible to receive funding from the trust fund as follows:$2,380,000 for the upper Colorado river endangered fish recovery program and San Juan river basin recovery implementation program;$60,000 for Rio Grande native fish protection and habitat improvements;$60,000 for selenium management, research, monitoring, evaluation, and control;$1,250,000 for native terrestrial wildlife conservation; and$1,250,000 for native aquatic wildlife conservation. Trust fund money made available for native terrestrial wildlife conservation is not available for purposes of importing new wolves for reintroduction into the state for state fiscal year 2026-27.(Note: This summary applies to this bill as enacted.)
The act appropriates the following amounts for the 2026-27 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects:Continuation of the satellite monitoring system, $380,000 (section 1 of the act);Continuation of the floodplain map modernization program, $500,000 (section 2);Continuation of the weather modification permitting program, $500,000 (section 3);Continuation of the Colorado Mesonet project, $200,000 (section 5);Continuation of the water forecasting partnership project, $2,500,000 (section 6);Continuation of Colorado decision support system operation and maintenance, $750,000 (section 7);Support for water plan agency actions, $1,350,000 (section 9);Continuation of the Colorado watershed restoration and flood mitigation projects, $5,000,000 (section 10); andContinuation of the upper Colorado river commission planning, $750,000 (section 11). Section 4 directs the state treasurer to transfer up to $6,000,000 from the CWCB construction fund to the CWCB litigation fund on or before July 1, 2026. Section 8 restores the fish and wildlife resources fund balance by transferring $2,000,000 from the CWCB construction fund to the fish and wildlife resources fund. Section 12 authorizes the CWCB to make a loan in an amount of $151,500,000 from the severance tax perpetual base fund to the city of Fort Collins to support the Halligan water supply project. Section 13 authorizes the CWCB to make a loan in an amount of $20,166,670 from the severance tax perpetual base fund to the Lower Latham Reservoir Company for the Jurgens reservoir construction project. Section 14 appropriates $37,700,000 from the water plan implementation cash fund to the CWCB to award grants that will help implement the state water plan. Section 15 clarifies that the money that is currently in the turf replacement fund is appropriated for designated purposes to the CWCB until June 30, 2028. Any money remaining in the turf replacement fund on July 1, 2028, is transferred to the CWCB construction fund. Section 16 makes technical corrections so that money appropriated in 2025 is available to the department of natural resources executive director's office for the purpose of paying for a study by the Colorado water center at Colorado state university. Under current law, the CWCB may authorize loans up to $10 million from the CWCB construction fund or severance tax perpetual base fund without legislative authorization. The act increases that amount to $30 million (section 17).(Note: This summary applies to this bill as enacted.)
On July 1, 2027, the act repeals the decarbonization tax credits administration cash fund, which is subject to annual appropriation to the department of revenue and the Colorado energy office to pay for the direct and indirect costs associated with the implementation and administration of various decarbonization tax credits.(Note: This summary applies to this bill as enacted.)
HB 1306 creates a special Colorado license plate for vehicles, requiring owners to pay a $50 initial donation to the Wild Horse Fund and a $25 one-time fee to obtain the plate. To renew the plate annually, owners must make an additional $25 donation to the fund. All collected funds support the state’s wild horse population management program, as specified in the bill. This option is available to any Colorado resident who qualifies for standard vehicle registration.
Beginning on January 1, 2027, the act authorizes an optional collision prevention fee (fee), which is collected at the time of registration of a passenger motor vehicle, light-weight truck, motorcycle, or recreational vehicle (motor vehicle). An individual may decline to pay the fee when registering a motor vehicle, and nonpayment of the fee does not affect the individual's ability to register the motor vehicle. In connection with imposing the fee, the statewide bridge and tunnel enterprise (enterprise) within the department of transportation (department) is required to collaborate with:The department of revenue and county clerks to develop language to notify individuals about the fee, including explicit language regarding the ability to decline to pay the fee and the fact that nonpayment of the fee will not affect an individual's ability to register a motor vehicle; andThe department of revenue, the department, county clerks, the division of parks and wildlife, and other impacted stakeholders to conduct a public outreach campaign to educate the public about the fee and what benefits the fee will provide. The enterprise is required to initiate the public outreach campaign as soon as practicable and must develop and deliver customer-facing educational materials to county clerks on or before December 1, 2026.The fee amount is set at $5 and, beginning in state fiscal year 2028-29, the enterprise is allowed to adjust this fee amount upward for inflation. 75% of the revenue from the fee is credited to the newly created collision prevention fund (fund), which is continuously appropriated to the enterprise for use in the following ways:To fund wildlife safe passage projects, defined as one or more projects that reduce wildlife-vehicle collisions and improve habitat connectivity by providing wildlife road crossings;To provide matching money as required by federal grant programs relating to wildlife safe passage projects; To expend for administrative and personnel expenses related to those purposes; andTo promote the fee and fund to maximize participation in the optional fee, in collaboration with the department of revenue, impacted stakeholders, and interested organizations.In determining which wildlife safe passage projects the enterprise will undertake, the enterprise is required to:Consult with the division of parks and wildlife (division) and the Colorado wildlife and transportation alliance;Consult with the tribal government if the project is on or adjacent to tribal land;Consult with relevant local governments with jurisdiction over the area of the proposed project and any relevant local organizations engaging in work to reduce vehicle collisions;Consider studies concerning the prioritization of wildlife within the state;Consider whether the wildlife safe passage project is related to a bridge or tunnel project undertaken by the enterprise; andIn consultation with the division, consider opportunities for landowner agreements or additional conservation efforts that may be necessary to ensure the continued functionality of infrastructure associated with a proposed wildlife safe passage project. 25% of the revenue from the fee is credited to the wildlife cash fund and continuously appropriated to the division to provide services related to wildlife connectivity and wildlife crossing-related conservation efforts. The act also modifies the process for the keep Colorado wild pass fee, which is an existing optional fee paid at the time an individual registers a motor vehicle, to align with the process for the collision prevention fee by removing the presumption that an individual who declines to pay the keep Colorado wild pass fee is presumed to decline to pay that fee in subsequent years with respect to registration of the same motor vehicle. With this change, an individual must affirmatively opt out of the payment of both the keep Colorado wild pass fee and the collision prevention fee each year that the individual registers the motor vehicle. For the 2026-27 state fiscal year:$53,516 is appropriated from the DRIVES cash fund to the department of revenue for use by the division of motor vehicles; Of funds appropriated from the parks and outdoor recreation cash fund to the department of natural resources for use by the division, $778 is reappropriated to the department of revenue for use by the division of motor vehicles; and$19,940 is appropriated from the legal services cash fund, from revenue received from the department from the collision prevention fund, to the department of law to provide legal services for the department.(Note: This summary applies to this bill as enacted.)
The act requires the division of parks and wildlife (division) in the department of natural resources to expand the division's capacity for outdoor recreation coordination, planning, and management and take a leading role in state-level coordination, strategic planning, and implementation of Colorado's outdoors strategy. The division is directed to, among other things, engage with relevant partners, stakeholders, tribal governments, and agencies to coordinate and incorporate wildlife, conservation, recreation, and climate-resilience considerations across agency planning and decision-making processes. In addition, the division is required to support, in consultation with relevant entities, the planning, development, and maintenance of outdoor recreation infrastructure to enhance outdoor recreation opportunities while protecting private property rights, wildlife, and natural resources. The division is directed to coordinate and consult with local governments to identify potential impacts to services and infrastructure associated with outdoor recreation use. The act also requires the division to create, and update at least annually, integrated regional outdoor recreation and conservation planning reports to inform division awareness and operational decision-making. In 2027 and 2028, the division is required to include an update on the outdoor recreation coordination, planning, and management efforts required by the act during its 'SMART Act' hearing. For the 2026-27 state fiscal year, the act appropriates $436,025 to the department of natural resources from the parks and outdoor recreation cash fund to be used for state park operations.(Note: This summary applies to this bill as enacted.)
The act creates the pesticide product disposal and container recycling enterprise (enterprise) in the department of agriculture (department). The board of directors of the enterprise (board) consists of the members of the state agricultural commission. The enterprise is tasked with developing and administering a program for the disposal of pesticide products not identified as exempt from the program by the board (eligible pesticide products) and with coordinating the recycling of pesticide product containers (program). Along with providing these business services, the program must:Organize eligible pesticide product disposal events for commercial applicators and private applicators across the state;Provide outreach and education to commercial applicators and private applicators on proper and safe disposal of eligible pesticide products and the recycling of their containers and the services provided by the program; andProvide certain business services to an applicant that registers an eligible pesticide product with the commissioner of agriculture for sale or distribution in the state (applicant). The enterprise operates as a government-owned business imposing:A pesticide product disposal fee for each eligible pesticide product that is disposed of through the program; andA pesticide registration product disposal fee on each applicant, which fee must be no more than $50 per eligible pesticide product. The fees are credited to the pesticide product disposal and container recycling enterprise cash fund (fund) for use by the enterprise to carry out the program. Money credited to the fund is continuously appropriated to the enterprise for the purposes set forth in the act. Commencing in 2028, the enterprise must annually report to the legislative committees with jurisdiction over agricultural matters the following information for the previous 12 months: the amount of fees collected, the total revenue generated by the fees, the location and times of disposal events held, a summary of the amount and types of products disposed of, and a description of education and outreach activities conducted. $19,875 is appropriated from the legal services cash fund to the department of law to provide legal services for the department in implementing the act. The appropriation is from revenue received from the department that is continuously appropriated to the department from the fund.(Note: This summary applies to this bill as enacted.)
