Requiring battery producers to administer battery collection and recycling programs, granting rule-making authority, making an appropriation, and providing a penalty. (FE)

Under the bill, beginning January 1, 2026, no battery producer or retailer may sell a battery in this state unless the producer: 1) is operating under a battery stewardship plan that has been approved by the Department of Natural Resources;

2) pays an annual fee of $20,000 to DNR; 3) submits annual reports to DNR; 4) completes an independent audit of its battery collection program after five years; and 5) provides retailers of its batteries with educational materials about its battery collection program. Under the bill, all of these requirements may be undertaken on behalf of a producer by a battery stewardship organization made up of at least five producers. The bill also allows DNR to change the amount of the annual $20,000 producer fee, as necessary to maintain the program created under the bill, without going through the statutory rule-making process.

To be approved by DNR, a proposed battery stewardship plan must include specific information, such as a list of all the brands of batteries the producer sells in this state; provisions for collecting batteries at no cost, regardless of battery brand or producer; the names of at least two collection facilities in each county in this state that will provide battery collection throughout the calendar year; a method for responsibly managing collected batteries to ensure that all of the components of collected batteries are recycled or properly disposed of; a description of an education and outreach program that the producer will undertake to provide notice of the producer's battery collection program; a description of how the producer will develop a strategy for collecting covered batteries in areas facing environmental justice challenges associated with waste management; a collection rate performance goal;

and a description of how the producer and the collection facilities identified in the plan will implement the program described in the plan.

Under the bill, DNR must provide notice of a proposed battery stewardship plan and receive public comments on the proposed plan for 30 days. DNR must also provide a public hearing on a proposed plan upon request. DNR has 90 days after receiving a complete proposed plan, not including the period for public comment and hearing, to either approve or deny a proposed plan. A plan that is not approved or denied within this time period is deemed approved. Under the bill, a producer may not amend an approved battery stewardship plan unless the proposed amendments are approved by DNR. The bill also allows DNR to revoke an approved battery stewardship plan if the producer is not complying with the plan.

The bill also requires DNR to maintain a website that lists the names of producers with approved plans and the brands of batteries covered by an approved battery stewardship plan and includes copies of all approved battery stewardship plans. Under the bill, DNR must also promote public participation in the collection and recycling of covered batteries through education and outreach activities. In addition, DNR must report to the legislature and the governor every two years on the implementation of any approved battery stewardship plans.

Under the bill, during the first year of implementing an approved battery stewardship plan, and two years after that, a producer must conduct a statistically significant survey of public awareness of the producer's battery collection program, for the purpose of identifying areas that need additional education and outreach. A producer must also conduct an audit after five years of implementing an approved battery stewardship plan, to examine the effectiveness of the producer's battery collection program.

Under the bill, a producer operating under an approved battery stewardship plan, or a battery stewardship organization on behalf of the producer, may request reimbursement from another producer for costs incurred in collecting, handling, recycling, or properly disposing of batteries produced by the other producer. A producer may request such reimbursement only after the producer has met the collection rate performance goal included in the producer's approved battery stewardship plan. A producer that receives a request for reimbursement may request an independent audit of the requested reimbursement costs. A producer that incurs more than $1,000 in such reimbursable costs may bring a civil action against the other producer if the costs are not reimbursed.

Under the bill, any producer or retailer that violates the provisions of the bill relating to battery stewardship plans is subject to a civil forfeiture of up to $10,000 per violation.

Finally, the bill prohibits the disposal of any covered battery in a solid waste disposal facility beginning January 1, 2026.