AB 1205

This bill requires battery manufacturers (producers) to operate a program to

collect and recycle covered batteries. The bill defines “covered battery” as either 1)

a portable battery (a rechargeable battery weighing no more than 11 pounds and

having a rating of no more than 300 watt-hours, or a nonrechargeable battery

weighing no more than 4.4 pounds); or 2) beginning January 1, 2029, a medium

format battery (a rechargeable battery weighing more than 11 pounds or having a

rating of more than 300 watt-hours, or both, but not exceeding 25 pounds or 2,000

watt-hours; or a nonrechargeable battery weighing more than 4.4 pounds but not

more than 25 pounds). Under the bill, a “covered battery” does not include a battery

that is contained in a medical device and that is not designed or marketed for retail

sale; a battery that contains a liquid electrolyte; a lead acid battery; a vehicle battery;

or a battery that is not easily removed from its product.

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