Battery Stewardship Programs

The act requires an organization, defined in the act as a battery stewardship organization, to, no later than July 1, 2027, and every 5 years thereafter, submit to the executive director of the department of public health and environment (executive director) a battery stewardship plan (plan), which is a plan for the collection, transportation, processing, and recycling of certain batteries.

On and after August 1, 2027, a producer selling, making available for sale, or distributing certain batteries or battery-containing products in or into the state must participate in and finance a battery stewardship organization that has submitted a plan to the executive director. On and after July 1, 2029, a retailer is prohibited from selling, offering for sale, distributing, or otherwise making available for sale certain batteries or battery-containing products in the state unless the producer of the batteries or battery-containing products is participating in a battery stewardship organization that has an approved plan. A retailer is prohibited from charging a point-of-sale fee to consumers to cover the costs of a battery stewardship organization.

The act specifies what a plan must contain to be approved by the executive director, including, among other things, contact information for participating producers, performance goals, and methods to promote participation in the plan and increase public awareness of the battery stewardship program (program) that will be implemented by the battery stewardship organization pursuant to the plan. In addition, a plan must detail how the battery stewardship organization will arrange for the collection of certain batteries by establishing collection sites that are available free of charge to any person.

A battery stewardship organization implementing an approved plan is required to develop and administer a system to collect charges from participating producers to cover the costs of implementing the program. In addition, a battery stewardship organization, in consultation with the department of public health and environment (department) and interested stakeholders, must complete an assessment of the opportunities and challenges associated with the end-of-life management of certain batteries, which assessment must be submitted by the department to the general assembly on or before March 1, 2028.

On or before June 1, 2029, and on or before each June 1 thereafter, a battery stewardship organization with an approved plan must submit an annual report to the executive director, which report must include certain information about the preceding year of plan implementation. The act also requires a battery stewardship organization to carry out promotional activities to increase public awareness of the program. Battery stewardship organizations with approved plans must coordinate to conduct a survey of public awareness of the programs and share the results of the survey with the executive director as part of the annual reports.

A battery stewardship organization is required to pay a one-time fee of $50,000 at the time of submittal of a plan to the executive director. If the executive director approves the plan, the battery stewardship organization is required to pay an additional fee of $86,000. Within 12 months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization must pay to the department an annual fee to cover the department's cost of implementing, administering, and enforcing the act's requirements. The solid and hazardous waste commission establishes the amount of the annual fee by rule.

On and after January 1, 2028, the act prohibits a producer or retailer from selling, offering for sale, or distributing in or into the state certain batteries unless the batteries are marked with labels that:

• Identify the producer of the batteries; and
• Include certain information to ensure the proper collection and recycling of the batteries.

Beginning January 1, 2030, a person is required to manage certain unwanted batteries through delivery to a collection site, program, or event established by the program. A person is prohibited from disposing of certain batteries in a landfill.

The department will enforce violations of the act's requirements pursuant to the enforcement process for the state hazardous waste management program.

(Note: This summary applies to this bill as enacted.)