7584. Battery stewardship plan
(a) Battery stewardship plan required. Each producer selling, offering for sale, distributing, or offering for promotional purposes a primary battery, a rechargeable battery, or a battery-containing product in the State shall individually or as part of a battery stewardship organization submit a battery stewardship plan to the Secretary for review.
(b) Battery stewardship plan; minimum requirements. Each battery stewardship plan shall include, at a minimum, all of the following elements:
(1) List of producers and brands. Each battery stewardship plan shall list:
(A) all participating producers and contact information for each of the participating producers; and
(B) the brands of batteries or battery-containing products covered by the plan.
(2) Free collection. Each battery stewardship plan shall provide for the collection of covered batteries from covered entities at no cost to covered entities. A producer shall not refuse the collection of a covered battery based on the brand or producer of the battery.
(3) Collection; convenience. Except for damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours, each battery stewardship plan shall:
(A) Allow all retailers, all municipalities, certified solid waste management facilities, and certified salvage yards that meet requirements specified in the plan to opt in to be a collection facility.
(B) Provide, at a minimum, not fewer than two collection facilities in each county in the State that provide for collection throughout the year.
(C) Provide for the acceptance of up to 100 batteries per visit. A collection facility may agree to accept more than 100 batteries per visit.
(4) Collection of damaged and defective lithium batteries and lithium- ion batteries with over 300 watt-hours. Each battery stewardship plan shall:
(A) allow any certified solid waste facility to collect damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours, provided that facility can meet the safety requirements as outlined in the stewardship plan;
(B) include how the program will provide packaging consistent with the requirements found in the U.S. Department of Transportation Hazardous Materials Regulations and the necessary forms and instructions for the safe transportation of damaged or defective lithium batteries and lithium-ion batteries with over 300 watt-hours at no cost to certified solid waste facilities; and
(C) unless otherwise approved by the Secretary, provide throughout the year not fewer than two collection facilities, at a minimum, in each county in the State for the collection of damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours.
(5) Method of disposition. Each battery stewardship plan shall include a description of the method that will be used to responsibly manage discarded batteries to ensure that the components of the discarded batteries, to the extent economically and technically feasible, are recycled.
(6) Roles and responsibilities. A battery stewardship plan shall list all key participants in the battery collection chain, including:
(A) the number and name of the collection facilities accepting the batteries to be collected under the plan, including the address and contact information for each facility;
(B) the name and contact information of a transporter or contractor collecting batteries from collection facilities; and
(C) the name, address, and contact information of the recycling facilities that process the collected batteries.
(7) Education and outreach. A battery stewardship plan shall include an education and outreach program. The education and outreach program may include mass media advertising in radio or television broadcasts newspaper publications of general circulation in the State, retail displays, articles in trade and other journals and publications, social media and internet sites, and other public educational efforts. The education and outreach program shall describe the outreach procedures that will be used to provide notice of the program to businesses, municipalities, certified solid waste management facilities, retailers, wholesalers, and haulers. At a minimum, the education and outreach program shall notify the public of the following:
(A) that there is a free collection program for all batteries; and
(B) the location of collection points and how to access the collection program.
(8) Reimbursement. A battery stewardship plan shall include a reimbursement procedure that is consistent with the requirements of subchapter 4 of this chapter.
(9) Performance goal; collection rate. A battery stewardship plan shall include a collection rate performance goal for the primary batteries and rechargeable batteries subject to the plan. The collection rate includes the estimated total weight of primary batteries and rechargeable batteries that will be sold or offered for sale in the State by the producer or the producers participating in the battery stewardship plan.
(10) Safety training. A battery stewardship plan shall describe how it shall provide safety training for collection locations, including handling damaged and defective lithium batteries and lithium-ion batteries with over 300 watt-hours.
(11) Fair compensation. Each battery stewardship plan shall provide a description of how municipalities and certified solid waste management facilities acting as battery collection facilities for the program shall be fairly compensated for labor and material costs associated with collecting, sorting, storing, and shipping batteries.
(c) Implementation.
(1) A producer or a battery stewardship organization shall implement the collection plan not later than six months after the date of a final decision by the Secretary on the adequacy of the collection plan.
(2) A producer or battery stewardship organization shall include provisions in the plan for the implementation of the program in conjunction with those retailers, municipalities, and certified solid waste management facilities acting as collection facilities under a program. No transportation or recycling cost shall be imposed on retailers, municipalities, or certified solid waste management facilities acting as collection facilities under a program. A producer or a battery stewardship organization shall provide retailers, municipalities, and certified solid waste management facilities acting as collection facilities products or equipment for setting up a collection point and for providing for the pickup of collected batteries, including arranging for the management of those batteries.
Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.
