| Summary |
The bill requires an organization, defined in the bill as a battery
stewardship organization, to, no later than July 1, 2026, 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, 2026, 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, 2028, 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 bill 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
freely available 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 to the general assembly on
or before October 1, 2027.
On or before June 1, 2028, 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 bill
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.
On or before December 1, 2026, and on or before each December
1 thereafter, the department must provide each battery stewardship
organization with an accounting of the organization's portion of the costs
in administering a program, and the battery stewardship organization is
required to pay to the department an annual fee based on the department's
accounting by July 1 of each year. Fees will be credited to the battery
stewardship fund created in the state treasury.
The bill requires a producer or retailer to mark certain batteries
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, 2029, a person is required to manage certain
unwanted batteries through delivery to a collection site, event, or program
established by a battery stewardship program. A person is prohibited from
disposing of certain batteries in a landfill.
A producer or battery stewardship organization that violates any
of the bill's requirements is liable for a civil penalty of $7,000 per
violation; except that a battery stewardship organization that fails to pay
a fee required by the department pursuant to the bill's requirements is
liable for a civil penalty that is double the applicable fee.
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