1. (1)

   1. (a) In addition to the annual fee described in subsection (1)(b) of this section, a battery stewardship organization shall pay a one-time plan review fee, in the amount of fifty thousand dollars, at the time the battery stewardship organization submits a plan to the executive director for approval. If the executive director approves the plan, the battery stewardship organization shall pay an additional administrative fee of eighty-six thousand dollars within three months after the plan is approved. There is no fee when a battery stewardship organization seeks to renew a plan that was previously approved by the executive director or submits a plan amendment.
   2. (b) Within twelve months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization shall pay to the department an annual fee to cover the department's cost of implementing, administering, and enforcing this part 10. The state treasurer shall credit the annual fees to the fund, and the department shall use the fees for costs associated with the administration of this part 10. The commission shall establish the fee amount by rule.

2. (2)

   1. (a) The battery stewardship fund is created in the state treasury.
   2. (b) The fund consists of fees paid to the department pursuant to subsection (1) of this section and any other money that the general assembly may appropriate or transfer to the fund.
   3. (c) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money not expended at the end of a state fiscal year remains in the fund and does not revert to the general fund or any other fund.

   4. (d) The department shall use funds collected pursuant to this section to provide direct services to battery stewardship organizations with an approved plan to ensure effective program oversight, compliance support, and public engagement. Such services include:

      1. (I) Reviewing, approving, and providing feedback on battery stewardship plans and plan amendments to ensure compliance with state law and to help organizations meet performance goals efficiently;
      2. (II) Conducting compliance audits, reviewing annual reports submitted pursuant to section 25-17-1011 within ninety days after submission, and offering applicable technical recommendations to improve program effectiveness and transparency;
      3. (III) Providing, upon request, a list of approved battery stewardship organizations, participating producers, and compliant retailers to increase consumer awareness and promote participation in a battery stewardship program;
      4. (IV) Offering technical assistance, including regulatory guidance, best practices for collection site operations, and support for retailers and producers navigating compliance requirements;
      5. (V) Collaborating with approved battery stewardship organizations to address operational challenges, facilitate coordination between producers, recyclers, and local governments, and ensure continuous program improvement; and
      6. (VI) Enforcing this part 10 pursuant to section 25-17-1015, ensuring fair enforcement among participants, and protecting the integrity of battery stewardship programs.

Source: L. 2025: Entire part added, (SB 25-163), ch. 421, p. 2398, § 1, effective August 6.