Connecticut 2025 Regular Session

Connecticut House Bill HB05019 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2	2
3		-	LCO 1 of 24
4	3
5		-	General Assembly Substitute Bill No. 5019
	4	+	LCO No. 3591 1 of 25
	5	+
	6	+	General Assembly Committee Bill No. 5019
6	7		January Session, 2025
	8	+	LCO No. 3591
7	9
8	10
	11	+	Referred to Committee on ENVIRONMENT
	12	+
	13	+
	14	+	Introduced by:
	15	+	(ENV)
9	16
10	17
11	18
12	19		AN ACT ESTABLISHING EXTENDED PRODUCER RESPONSIBILITY
13	20		FOR CONSUMER BATTERIES.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. (NEW) (Effective October 1, 2025) (a) For purposes of this 1
18	25		section: 2
19	26		(1) "Department" means the Department of Energy and 3
20	27		Environmental Protection. 4
21	28		(2) "Battery-containing product" means a product sold, offered for 5
22		-	sale or distributed in or into this state that contains or is packaged with 6
	29	+	sale, or distributed in or into this state that contains or is packaged with 6
23	30		rechargeable or primary batteries that are covered batteries. "Battery-7
24	31		containing product" does not include a covered electronic product 8
25	32		subject to the requirements of sections 22a-629 to 22a-640, inclusive, of 9
26	33		the general statutes. 10
27	34		(3) "Battery stewardship organization" means a producer that directly 11
28	35		implements a battery stewardship plan required under this section or a 12
29	36		nonprofit organization designated by a producer or group of producers 13
30	37		to implement a battery stewardship plan required under this section. 14
	38	+	Committee Bill No. 5019
	39	+
	40	+
	41	+	LCO No. 3591 2 of 25
	42	+
31	43		(4) "Collection rate" means a percentage, by weight, that a battery 15
32	44		stewardship organization collects that is calculated by dividing the total 16
33		-	weight of primary and rechargeable batteries collected by the battery 17 Substitute Bill No. 5019
34		-
35		-
36		-	LCO 2 of 24
37		-
	45	+	weight of primary and rechargeable batteries collected by the battery 17
38	46		stewardship organization during the previous calendar year by the 18
39	47		average annual weight of primary and rechargeable batteries that were 19
40	48		estimated to have been sold in the state during the previous three 20
41	49		calendar years by all producers participating in an approved battery 21
42	50		stewardship plan. 22
43	51		(5) "Covered battery" means a portable or medium format battery, 23
44	52		beginning January 1, 2027. "Covered battery" does not include: (A) A 24
45	53		battery contained within a medical device, as specified in 21 USC 321(h) 25
46	54		as it existed as of the effective date of this section, that is not designed 26
47	55		and marketed for sale or resale principally to consumers for personal 27
48	56		use; (B) a battery that contains an electrolyte as a free liquid; (C) a lead 28
49	57		acid battery weighing greater than eleven pounds; (D) a motor vehicle 29
50	58		battery subject to the provisions of section 22a-256h of the general 30
51	59		statutes or any battery that is a component of a motor vehicle or that is 31
52	60		intended for use exclusively in motor vehicles; (E) a battery recalled by 32
53	61		the producer for safety reasons; (F) a battery in a battery-containing 33
54	62		product that is not intended or designed to be easily removable from the 34
55	63		battery-containing product; or (G) a battery subject to the provisions of 35
56	64		sections 22a-629 to 22a-640, inclusive, of the general statutes. 36
57	65		(6) "Easily removable" means designed by the manufacturer to be 37
58	66		removable by the user of the product with not more than commonly 38
59	67		used household tools. 39
60	68		(7) "Environmentally sound management practices" means practices 40
61	69		that: (A) Comply with all applicable federal, state and local regulatory 41
62	70		requirements to protect workers, public health and the environment; (B) 42
63	71		provide for recordkeeping, tracking and documenting of the fate of 43
64	72		materials within the state and outside of the state in accordance with the 44
65	73		requirements of this section; and (C) include comprehensive liability 45
66	74		coverage for the battery stewardship organization, including 46
	75	+	Committee Bill No. 5019
	76	+
	77	+
	78	+	LCO No. 3591 3 of 25
	79	+
67	80		environmental liability coverage that is commercially practicable. 47
68	81		(8) "Medium format battery" means the following primary or 48
69		-	rechargeable covered batteries: 49 Substitute Bill No. 5019
70		-
71		-
72		-	LCO 3 of 24
73		-
	82	+	rechargeable covered batteries: 49
74	83		(A) For rechargeable batteries, a battery weighing more than eleven 50
75	84		pounds but not more than twenty-five pounds or that has a rating of 51
76	85		more than three hundred watt hours but not more than two thousand 52
77	86		watt hours, or both; 53
78	87		(B) For primary batteries, a battery weighing more than four pounds 54
79	88		and six ounces but not more than twenty-five pounds. 55
80	89		(9) "Portable battery" means the following primary or rechargeable 56
81	90		covered batteries: 57
82	91		(A) For rechargeable batteries, a battery weighing not more than 58
83	92		eleven pounds and that has a rating of not more than three hundred 59
84	93		watt hours; 60
85	94		(B) For primary batteries, a battery weighing not more than four 61
86	95		pounds and six ounces. 62
87	96		(10) "Primary battery" means a nonrechargeable battery, including, 63
88	97		but not limited to, alkaline, silver oxide, zinc air, carbon-zinc and 64
89	98		lithium metal batteries. 65
90	99		(11) "Producer" means: 66
91		-	(A) For covered batteries sold, offered for sale or distributed in or ~~into~~ 67
92		-	this state: 68
93		-	(i) If the battery is sold, offered for sale or distributed in or into this 69
	100	+	(A) For covered batteries sold, offered for sale, or distributed in or 67
	101	+	into this state: 68
	102	+	(i) If the battery is sold, offered for sale, or distributed in or into this 69
94	103		state under the brand of the battery manufacturer, the producer is the 70
95	104		person that manufactures the battery; 71
96		-	(ii) If the battery is sold, offered for sale or distributed in or into this 72
	105	+	(ii) If the battery is sold, offered for sale, or distributed in or into this 72
97	106		state under a retail brand or under a brand owned by a person other 73
	107	+	Committee Bill No. 5019
	108	+
	109	+
	110	+	LCO No. 3591 4 of 25
	111	+
98	112		than the manufacturer, the producer is the brand owner; 74
99	113		(iii) If there is no person to which subparagraph (A)(i) or (A)(ii) of this 75
100	114		subdivision applies, the producer is the person that is the licensee of a 76
101		-	brand or trademark under which the battery is sold, offered for sale or 77 Substitute Bill No. 5019
102		-
103		-
104		-	LCO 4 of 24
105		-
	115	+	brand or trademark under which the battery is sold, offered for sale, or 77
106	116		distributed in or into this state, whether or not the trademark is 78
107	117		registered in this state; 79
108	118		(iv) If there is no person described in subparagraphs (A)(i) to (A) (iii), 80
109	119		inclusive, of this subdivision within the United States, the producer is 81
110	120		the person who is the importer of record for the battery into the United 82
111	121		States; 83
112	122		(v) If there is no person described in subparagraphs (A)(i) to (A)(iv), 84
113	123		inclusive, of this subdivision with a commercial presence within the 85
114	124		state, the producer is the person who first sells, offers for sale or 86
115	125		distributes the battery in or into this state; 87
116	126		(B) For battery-containing products containing one or more covered 88
117	127		batteries sold, offered for sale or distributed in or into this state: 89
118		-	(i) If the battery-containing product is sold, offered for sale or 90
	128	+	(i) If the battery-containing product is sold, offered for sale, or 90
119	129		distributed in or into this state under the brand of the product 91
120	130		manufacturer, the producer is the person that manufactures the 92
121	131		product; 93
122		-	(ii) If the battery-containing product is sold, offered for sale or 94
	132	+	(ii) If the battery-containing product is sold, offered for sale, or 94
123	133		distributed in or into this state under a retail brand or under a brand 95
124	134		owned by a person other than the manufacturer, the producer is the 96
125	135		brand owner; 97
126	136		(iii) If there is no person to which subparagraph (B)(i) or (B)(ii) of this 98
127	137		subdivision applies, the producer is the person that is the licensee of a 99
128	138		brand or trademark under which the product is used in a commercial 100
129		-	enterprise, sold, offered for sale or distributed in or into this state, 101
	139	+	enterprise, sold, offered for sale, or distributed in or into this state, 101
130	140		whether or not the trademark is registered in this state; 102
	141	+	Committee Bill No. 5019
	142	+
	143	+
	144	+	LCO No. 3591 5 of 25
	145	+
131	146		(iv) If there is no person described in subparagraphs (B)(i) to (B)(iii), 103
132	147		inclusive, of this subdivision within the United States, the producer is 104
133	148		the person who is the importer of record for the product into the United 105
134	149		States; 106
135		-	(v) If there is no person described in subparagraphs (B)(i) to (B)(iv), 107 Substitute Bill No. 5019
136		-
137		-
138		-	LCO 5 of 24
139		-
	150	+	(v) If there is no person described in subparagraphs (B)(i) to (B)(iv), 107
140	151		inclusive, of this subdivision with a commercial presence within the 108
141	152		state, the producer is the person who first sells, offers for sale or 109
142	153		distributes the product in or into this state; 110
143	154		(C) A person is the producer of a covered battery or battery-111
144	155		containing product containing one or more covered batteries sold, 112
145		-	offered for sale or distributed in or into this state, as defined in 113
	156	+	offered for sale, or distributed in or into this state, as defined in 113
146	157		subparagraph (A) of this subdivision, except where another party has 114
147	158		contractually accepted responsibility as a responsible producer and has 115
148	159		joined a registered battery stewardship organization as the producer for 116
149	160		that covered battery or battery-containing product containing one or 117
150	161		more covered batteries under this section. 118
151	162		(12) "Program" means a program implemented by a battery 119
152	163		stewardship organization consistent with an approved battery 120
153	164		stewardship plan. 121
154	165		(13) "Rechargeable battery" means a battery that contains one or more 122
155	166		voltaic or galvanic cells, electrically connected to produce electric 123
156	167		energy, that is designed to be recharged. 124
157	168		(14) "Recycling" means recycling, reclamation or reuse as defined in 125
158	169		section 22a-207 of the general statutes. For purposes of this section, 126
159	170		recycling does not include: (A) Combustion; (B) incineration; (C) energy 127
160	171		generation; (D) fuel production; or (E) beneficial reuse in the 128
161	172		construction and operation of a solid waste landfill, including use as 129
162	173		alternative daily cover. 130
163	174		(15) "Recycling efficiency rate" means the ratio of the weight of 131
164	175		covered battery components and materials recycled by a program 132
	176	+	Committee Bill No. 5019
	177	+
	178	+
	179	+	LCO No. 3591 6 of 25
	180	+
165	181		operator from covered batteries to the weight of covered batteries as 133
166	182		collected by the program operator. 134
167	183		(16) "Retailer" means a person who sells covered batteries or battery-135
168	184		containing products containing one or more covered batteries in or into 136
169	185		this state or offers, or otherwise makes available, covered batteries or 137
170		-	battery-containing products containing one or more covered batteries to 138 Substitute Bill No. 5019
171		-
172		-
173		-	LCO 6 of 24
174		-
	186	+	battery-containing products containing one or more covered batteries to 138
175	187		a customer, including other businesses, in this state. 139
176	188		(17) "Commissioner" means the Commissioner of Energy and 140
177	189		Environmental Protection. 141
178	190		(b) On or before January 1, 2027, for portable batteries and medium 142
179	191		format batteries: 143
180		-	(1) Each producer selling, offering for sale or distributing covered 144
	192	+	(1) Each producer selling, offering for sale, or distributing covered 144
181	193		batteries or battery-containing products containing one or more covered 145
182	194		batteries in or into the state shall participate in an approved battery 146
183	195		stewardship plan through participation in and the funding of a battery 147
184	196		stewardship organization; and 148
185	197		(2) A producer that does not participate in a battery stewardship 149
186	198		organization and battery stewardship plan may not sell covered 150
187	199		batteries or battery-containing products covered by this section in or 151
188	200		into this state. 152
189		-	(c) (1) On and after July 1, ~~2027~~, for portable batteries, and on and 153
	201	+	(c) (1) On and after July 1, 2026, for portable batteries, and on and 153
190	202		after July 1, 2028, for medium format batteries, no retailer shall sell, offer 154
191		-	for sale, distribute or otherwise make available for sale a covered ~~battery~~ 155
192		-	or battery-containing product containing one or more covered ~~batteries~~ 156
193		-	unless the producer of the covered battery or battery-~~containing~~ 157
194		-	product is identified as a participant in a battery stewardship 158
	203	+	for sale, distribute, or otherwise make available for sale a covered 155
	204	+	battery or battery-containing product containing one or more covered 156
	205	+	batteries unless the producer of the covered battery or battery-157
	206	+	containing product is identified as a participant in a battery stewardship 158
195	207		organization whose plan has been approved by the commissioner. 159
196	208		(2) No retailer shall be in violation of the requirements of subdivision 160
197	209		(1) of this subsection if the web site made available by the department 161
198	210		pursuant to this section lists, as of the date a product is made available 162
	211	+	Committee Bill No. 5019
	212	+
	213	+
	214	+	LCO No. 3591 7 of 25
	215	+
199	216		for retail sale, a producer or brand of covered battery or battery-163
200	217		containing product containing one or more covered batteries sold by the 164
201	218		retailer as being a participant in an approved battery stewardship plan 165
202	219		or the implementer of an approved battery stewardship plan. 166
203	220		(3) Retailers of covered batteries or battery-containing products 167
204		-	containing one or more covered batteries shall not be required to make 168 Substitute Bill No. 5019
205		-
206		-
207		-	LCO 7 of 24
208		-
	221	+	containing one or more covered batteries shall not be required to make 168
209	222		retail locations available to serve as collection sites for a battery 169
210	223		stewardship program operated by a battery stewardship organization. 170
211	224		Retailers that serve as a collection site shall comply with the 171
212	225		requirements for collection sites in accordance with the provisions of 172
213	226		this section. 173
214		-	(4) No retailer shall sell, offer for sale, distribute or otherwise make 174
	227	+	(4) No retailer shall sell, offer for sale, distribute, or otherwise make 174
215	228		available for sale covered batteries, unless such batteries are marked 175
216	229		consistent with the requirements of this section. Each producer of a 176
217	230		battery-containing product containing a covered battery shall verify to 177
218	231		the retailers of such product that the battery contained in the battery-178
219	232		containing product is marked consistent with the requirements of this 179
220	233		section. A retailer may rely on such verification for purposes of 180
221	234		compliance with this section. 181
222	235		(5) Any retailer selling or offering covered batteries or battery-182
223	236		containing products containing one or more covered batteries for sale in 183
224	237		this state may provide information to consumers that is provided to the 184
225	238		retailer by the battery stewardship organization regarding available 185
226	239		end-of-life management options for covered batteries collected by the 186
227	240		battery stewardship organization. Any such information that a battery 187
228	241		stewardship organization makes available to retailers shall include, but 188
229	242		not be limited to, in-store signage, written materials and other 189
230	243		promotional materials that retailers may use to inform customers of the 190
231	244		available end-of-life management options for covered batteries collected 191
232	245		by the battery stewardship organization. 192
233	246		(6) No retailer, producer or battery stewardship organization shall 193
234	247		charge a specific point-of-sale fee to consumers to cover the 194
	248	+	Committee Bill No. 5019
	249	+
	250	+
	251	+	LCO No. 3591 8 of 25
	252	+
235	253		administrative or operational costs of the battery stewardship 195
236	254		organization or the battery stewardship program. 196
237		-	(d) (1) On or before January 1, ~~2027~~, each producer of covered 197
	255	+	(d) (1) On or before January 1, 2026, each producer of covered 197
238	256		portable batteries or such producer's designee, including, but not 198
239	257		limited to, a battery stewardship organization, shall notify the 199
240		-	Commissioner of Energy and Environmental Protection, in writing, 200 Substitute Bill No. 5019
241		-
242		-
243		-	LCO 8 of 24
244		-
	258	+	Commissioner of Energy and Environmental Protection, in writing, 200
245	259		whether the producer will act individually or jointly with other 201
246	260		producers to submit a stewardship plan to the commissioner for the 202
247	261		establishment of a state-wide battery stewardship program. On or 203
248		-	before January 1, ~~2027~~, each producer of covered medium format 204
	262	+	before January 1, 2028, each producer of covered medium format 204
249	263		batteries, or such producer's designee, including, but not limited to, a 205
250	264		battery stewardship organization, shall notify the Commissioner of 206
251	265		Energy and Environmental Protection, in writing, whether the producer 207
252	266		will act individually or jointly with other producers to submit a 208
253	267		stewardship plan to the commissioner for the establishment of a state-209
254	268		wide battery stewardship program. 210
255	269		(2) Not later than January 1, 2027, each battery stewardship 211
256	270		organization shall submit a plan for covered portable and medium 212
257	271		format batteries to the commissioner for approval. A battery 213
258	272		stewardship organization may submit a plan at any time to the 214
259	273		commissioner for review and approval. The commissioner shall review 215
260	274		and may approve a plan based on whether it contains each of the 216
261	275		following components: 217
262	276		(A) Contact information for each producer, battery brand and 218
263	277		battery-containing product brand covered in the plan; 219
264	278		(B) A performance goals proposal consistent with this section, 220
265	279		including establishing performance goals for each of the next three 221
266	280		calendar years of program implementation; 222
267	281		(C) A description of how the battery stewardship organization will 223
268	282		make retailers aware of their obligation to sell only covered batteries 224
269	283		and battery-containing products containing one or more covered 225
	284	+	Committee Bill No. 5019
	285	+
	286	+
	287	+	LCO No. 3591 9 of 25
	288	+
270	289		batteries of producers participating in an approved battery stewardship 226
271	290		plan; 227
272	291		(D) A description of the education and communications strategy 228
273	292		being implemented to effectively promote participation in the approved 229
274	293		covered battery stewardship program and provide the information 230
275		-	necessary for effective participation of consumers, retailers and others; 231 Substitute Bill No. 5019
276		-
277		-
278		-	LCO 9 of 24
279		-
	294	+	necessary for effective participation of consumers, retailers and others; 231
280	295		(E) A description of how the battery stewardship organization will 232
281	296		make available to collection sites, for voluntary use, signage, written 233
282		-	materials and other promotional materials that collection sites may use 234
	297	+	materials, and other promotional materials that collection sites may use 234
283	298		to inform consumers of the available end-of-life management options 235
284	299		for covered batteries collected by the battery stewardship organization; 236
285	300		(F) Promotional activities to be undertaken, and the identification of 237
286	301		consumer awareness goals and strategies that the battery stewardship 238
287	302		program will employ to achieve such goals after the program is 239
288	303		implemented; 240
289	304		(G) Collection site safety training procedures related to covered 241
290	305		battery collection activities at collection sites, including operating 242
291	306		protocols to reduce risks of spills or fires and response protocols in the 243
292	307		event of a spill or fire, and a protocol for safe management of damaged 244
293	308		batteries that are returned to collection sites; 245
294	309		(H) A description of the method to establish and administer a means 246
295	310		for fully funding the program in a manner that equitably distributes the 247
296	311		program's costs among the producers that are part of the battery 248
297	312		stewardship organization. For producers that elect to meet the 249
298	313		requirements of this section individually, without joining a battery 250
299	314		stewardship organization, the plan shall describe the proposed method 251
300	315		to establish and administer a means for fully funding such battery 252
301	316		stewardship program; 253
302	317		(I) A description of the financing methods used to implement the 254
303	318		battery stewardship plan, consistent with the provisions of this section; 255
	319	+	Committee Bill No. 5019
	320	+
	321	+
	322	+	LCO No. 3591 10 of 25
	323	+
304	324		(J) A description of how the battery stewardship program will collect 256
305	325		all covered battery brands on a free, continuous, convenient, visible and 257
306	326		accessible basis, including a description of how the program will 258
307	327		provide for convenient collection for any municipality with a 259
308	328		population of one hundred thousand or more people; 260
309	329		(K) A description of the criteria to be used in the battery stewardship 261
310		-	program to determine whether an entity may serve as a collection site 262 Substitute Bill No. 5019
311		-
312		-
313		-	LCO 10 of 24
314		-
	330	+	program to determine whether an entity may serve as a collection site 262
315	331		for discarded batteries under the program; 263
316	332		(L) Collection goals for each of the first three years of implementation 264
317	333		of the battery stewardship program that are based on the estimated total 265
318	334		weight of primary and rechargeable covered batteries that have been 266
319	335		sold in the state in the previous three calendar years by the producers 267
320	336		participating in the battery stewardship plan; 268
321	337		(M) Identification of proposed sorters, transporters, processors and 269
322	338		facilities to be used by the battery stewardship program for the final 270
323	339		disposition of batteries and how environmentally sound management 271
324	340		practices will be applied throughout the management of collected 272
325	341		batteries; 273
326	342		(N) Details of how the battery stewardship program will achieve a 274
327	343		recycling efficiency rate, calculated consistent with this section of not 275
328	344		less than sixty per cent for rechargeable batteries and not less than 276
329	345		seventy per cent for primary batteries; and 277
330	346		(O) Goals for increasing public awareness of the program and 278
331	347		descriptions of how the public education and outreach components of 279
332	348		the battery stewardship program will be implemented. 280
333	349		(3) Each battery stewardship organization shall submit a new plan to 281
334	350		the commissioner for approval upon request of the commissioner. The 282
335	351		commissioner may identify the types of significant changes that require 283
336	352		a new plan to be submitted to the commissioner for approval. 284
337	353		(4) Each battery stewardship organization shall provide plan 285
	354	+	Committee Bill No. 5019
	355	+
	356	+
	357	+	LCO No. 3591 11 of 25
	358	+
338	359		amendments to the commissioner for approval whenever: 286
339	360		(A) Changes are proposed to the performance goals of the battery 287
340	361		stewardship program based on performance of such program; 288
341	362		(B) There is a change to the method of financing the battery 289
342	363		stewardship plan implementation, including changes to the fees or fee 290
343		-	structure established in the battery stewardship plan; or 291 Substitute Bill No. 5019
344		-
345		-
346		-	LCO 11 of 24
347		-
	364	+	structure established in the battery stewardship plan; or 291
348	365		(C) There is an addition or removal of a sorter, processor or 292
349	366		transporter under the stewardship plan. 293
350	367		(5) The commissioner shall review a battery stewardship plan or 294
351	368		amendment for compliance with this section and shall approve, 295
352	369		disapprove or conditionally approve such plan, in writing, not later than 296
353	370		one hundred twenty days after receipt of such plan. If the commissioner 297
354	371		disapproves a battery stewardship plan submitted by a battery 298
355	372		stewardship organization, the commissioner shall explain how the 299
356	373		stewardship plan does not comply with this section. The battery 300
357	374		stewardship organization shall resubmit to the commissioner a revised 301
358	375		stewardship plan not later than sixty days after the date the written 302
359	376		notice was issued and the commissioner shall review the revised 303
360	377		stewardship plan not later than ninety days after resubmittal. In the 304
361	378		event that the commissioner disapproves the plan because it does not 305
362	379		meet the requirements of this section, the commissioner shall describe 306
363	380		the reasons for the disapproval in a notice of determination that the 307
364		-	commissioner shall provide to the producer, or ~~the~~ producer's designee. 308
	381	+	commissioner shall provide to the producer, or producer's designee. 308
365	382		Such producer, or producer's designee, shall revise and resubmit the 309
366	383		plan to the commissioner not later than forty-five days after receipt of 310
367	384		the commissioner's notice of disapproval. Such producer, or producer's 311
368	385		designee, may resubmit a revised plan to the commissioner for approval 312
369		-	on not more than two occasions. If the producer, or the producer's 313
370		-	designee, fails to submit a plan that is acceptable to the commissioner 314
371		-	because it does not meet the requirements of this section, the 315
372		-	commissioner shall modify a submitted plan to make it conform to the 316
373		-	requirements of this section and approve it. 317
	386	+	on not more than two occasions. If the producer, or producer's designee, 313
	387	+	fails to submit a plan that is acceptable to the commissioner because it 314
	388	+	does not meet the requirements of this section, the commissioner shall 315
	389	+	modify a submitted plan to make it conform to the requirements of this 316
	390	+	section and approve it. 317
	391	+	Committee Bill No. 5019
	392	+
	393	+
	394	+	LCO No. 3591 12 of 25
	395	+
374	396		(6) Whenever a battery stewardship plan or an amendment that 318
375	397		makes substantive changes to an approved plan is submitted under this 319
376	398		section, the commissioner shall make the proposed plan or amendment 320
377	399		available for public review and comment for not less than thirty days. 321
378	400		(7) Each battery stewardship organization shall provide written 322
379	401		notification to the commissioner not later than thirty days after a 323
380		-	producer begins or ends participation in a battery stewardship 324 Substitute Bill No. 5019
381		-
382		-
383		-	LCO 12 of 24
384		-
	402	+	producer begins or ends participation in a battery stewardship 324
385	403		organization. 325
386	404		(e) (1) Each battery stewardship plan shall include performance goals 326
387	405		that measure, on an annual basis, the achievements of the battery 327
388	406		stewardship program, including: (A) The collection rate for batteries in 328
389	407		the state; (B) the recycling efficiency rate of the battery stewardship 329
390	408		program; and (C) public awareness of the battery stewardship program. 330
391	409		(2) The performance goals established in each battery stewardship 331
392	410		plan shall include, but need not be limited to: 332
393	411		(A) Target collection rates for primary batteries and for rechargeable 333
394	412		batteries; 334
395	413		(B) Target recycling efficiency rates of not less than sixty per cent for 335
396	414		rechargeable batteries and not less than seventy per cent for primary 336
397	415		batteries; and 337
398	416		(C) Goals for public awareness, convenience and accessibility that 338
399	417		meet or exceed the minimum requirements established in this section. 339
400	418		(f) (1) Each battery stewardship organization shall ensure adequate 340
401	419		funding is available to fully implement an approved battery 341
402	420		stewardship plan, including the implementation of aspects of the plan 342
403	421		addressing: (A) Battery collection, transporting and processing; (B) 343
404	422		education and outreach; (C) program evaluation; and (D) payment of 344
405	423		the administrative fees to the department in accordance with the 345
406	424		provisions of this section. 346
	425	+	Committee Bill No. 5019
	426	+
	427	+
	428	+	LCO No. 3591 13 of 25
	429	+
407	430		(2) Each battery stewardship organization that implements a battery 347
408	431		stewardship plan on behalf of producers shall develop a system to 348
409	432		collect charges from participating producers to cover the costs of the 349
410	433		plan's implementation. 350
411	434		(3) (A) Each battery stewardship organization shall be responsible for 351
412	435		all costs of participating covered battery collection, transportation, 352
413	436		processing, education, administration, department reimbursement, 353
414		-	recycling and end-of-life management in accordance with the 354 Substitute Bill No. 5019
415		-
416		-
417		-	LCO 13 of 24
418		-
	437	+	recycling and end-of-life management in accordance with the 354
419	438		requirements of this section. 355
420	439		(B) Each battery stewardship organization shall meet the collection 356
421	440		goals established in the approved battery stewardship plan. 357
422	441		(C) No battery stewardship organization shall reduce or cease 358
423	442		collection, education and outreach, or other activities implemented 359
424	443		under an approved battery stewardship plan based on achievement of 360
425	444		program performance goals. 361
426	445		(4) (A) Each battery stewardship organization shall reimburse local 362
427	446		governments for demonstrable costs incurred as a result of a local 363
428	447		government facility or solid waste handling facility serving as a 364
429	448		collection site for a battery stewardship program, including, but not 365
430	449		limited to, associated labor costs and other costs associated with 366
431	450		accessibility and collection site standards such as storage. 367
432	451		(B) Each battery stewardship organization shall, at a minimum, 368
433	452		provide collection sites with appropriate containers for covered 369
434	453		batteries subject to its battery stewardship program, training, signage, 370
435	454		safety guidance and educational materials, at no cost to the collection 371
436	455		sites. 372
437	456		(g) (1) Each battery stewardship organization that implements a 373
438	457		battery stewardship plan shall provide for the collection of all covered 374
439	458		batteries, including all chemistries and brands of covered batteries, on a 375
440	459		free, continuous, convenient, visible and accessible basis to any person, 376
	460	+	Committee Bill No. 5019
	461	+
	462	+
	463	+	LCO No. 3591 14 of 25
	464	+
441	465		business, government department or nonprofit organization. Except as 377
442	466		otherwise provided in this subsection, each battery stewardship plan 378
443	467		shall provide for the collection of each chemistry and brand of covered 379
444	468		battery from any person, business, government department or nonprofit 380
445	469		organization at each collection site that counts toward the satisfaction of 381
446	470		the collection site criteria described in this section. 382
447	471		(2) (A) For each collection site utilized by a battery stewardship 383
448	472		program, each battery stewardship organization shall provide suitable 384
449		-	collection containers for covered batteries that are segregated from other 385 Substitute Bill No. 5019
450		-
451		-
452		-	LCO 14 of 24
453		-
	473	+	collection containers for covered batteries that are segregated from other 385
454	474		solid waste or make mutually agreeable alternative arrangements for 386
455	475		the collection of batteries at the site. The location of collection containers 387
456	476		at each collection site used by the battery stewardship program shall be 388
457	477		within view of a responsible person and shall be accompanied by 389
458	478		signage made available to the collection site by the battery stewardship 390
459	479		organization that informs customers regarding the end -of-life 391
460	480		management options for batteries provided by the collection site under 392
461	481		this section. Each collection site shall meet applicable federal, state and 393
462	482		local regulatory requirements and adhere to the operations manual and 394
463	483		other safety information provided to the collection site by the battery 395
464	484		stewardship organization. 396
465	485		(B) Medium format batteries may only be collected at household 397
466	486		hazardous waste collection sites or other staffed collection sites that 398
467	487		meet applicable federal, state and local regulatory requirements to 399
468	488		manage medium format batteries. 400
469	489		(C) (i) Damaged and defective batteries shall be collected at collection 401
470	490		sites, other than retail locations, that are staffed by persons trained to 402
471	491		handle and ship such batteries. 403
472	492		(ii) Each battery stewardship organization shall provide for collection 404
473	493		of damaged and defective batteries at each permanent household 405
474	494		hazardous waste facility in the state, at each household hazardous waste 406
475	495		collection event and at any participating permitted transfer stations that 407
476	496		are staffed by persons trained to handle and ship such batteries. 408
	497	+	Committee Bill No. 5019
	498	+
	499	+
	500	+	LCO No. 3591 15 of 25
	501	+
477	502		(iii) As used in this subparagraph, "damaged and defective batteries" 409
478	503		means batteries that have been damaged or identified by the 410
479	504		manufacturer as being defective for safety reasons and that have the 411
480	505		potential of producing a dangerous evolution of heat, fire or short 412
481	506		circuit, as referred to in 49 CFR 173.185(f) as of January 1, 2025, or as 413
482	507		updated by the department by regulations adopted in accordance with 414
483	508		the provisions of chapter 54 of the general statutes to maintain 415
484	509		consistency with federal standards. 416
485		-	(3) Each battery stewardship organization that implements a battery 417 Substitute Bill No. 5019
486		-
487		-
488		-	LCO 15 of 24
489		-
	510	+	(3) Each battery stewardship organization that implements a battery 417
490	511		stewardship plan shall ensure state-wide collection opportunities for all 418
491	512		covered batteries. Battery stewardship organizations shall coordinate 419
492	513		activities with other program operators, including covered battery 420
493	514		collection and recycle programs and electronic waste recyclers, with 421
494	515		regard to the proper management or recycling of collected covered 422
495	516		batteries, for purposes of providing the efficient delivery of services and 423
496	517		avoiding unnecessary duplication of effort and expense. State-wide 424
497	518		collection opportunities shall be determined by geographic information 425
498	519		modeling that considers permanent collection sites. A battery 426
499	520		stewardship program may rely, in part, on collection events to 427
500	521		supplement the permanent collection services required in this 428
501	522		subsection, provided only permanent collection services specified in 429
502	523		this subsection shall qualify toward the satisfaction of the requirements 430
503	524		of this subsection. 431
504	525		(4) (A) Each battery stewardship program shall use existing public 432
505	526		and private waste collection services and facilities, including battery 433
506	527		collection sites that are established through other battery collection 434
507	528		services, transporters, consolidators, processors and retailers, where 435
508	529		such use is cost effective, mutually agreeable and otherwise practicable. 436
509	530		(B) (i) Any municipality, solid waste management facility or 437
510	531		household hazardous waste facility that meets the criteria for collection 438
511	532		sites in the approved stewardship plan shall be included in the program 439
512	533		upon the submission of a request to the battery stewardship 440
	534	+	Committee Bill No. 5019
	535	+
	536	+
	537	+	LCO No. 3591 16 of 25
	538	+
513	539		organization to serve as a collection site. Each battery stewardship 441
514	540		program shall use as a collection site for covered batteries any retailer 442
515	541		or wholesaler that meets the criteria for collection sites in the approved 443
516	542		battery stewardship plan up to the minimum number of sites required 444
517	543		for compliance with the approved plan, upon the submission of a 445
518	544		request by an entity to the battery stewardship organization to serve as 446
519	545		a collection site. Each battery stewardship program may use additional 447
520	546		collection sites in excess of the minimum required in this subsection, as 448
521	547		may be agreed between the battery stewardship organization and the 449
522		-	collection site. 450 Substitute Bill No. 5019
523		-
524		-
525		-	LCO 16 of 24
526		-
	548	+	collection site. 450
527	549		(ii) Each battery stewardship program shall use as a site for a 451
528	550		collection event for covered batteries any retailer, wholesaler, 452
529	551		municipality, solid waste management facility, household hazardous 453
530		-	waste facility or other entity that meets the criteria for collection events 454
	552	+	waste facility, or other entity that meets the criteria for collection events 454
531	553		in the approved plan upon the submission of a request by the entity to 455
532	554		the battery stewardship organization to serve as a site for a collection 456
533	555		event. Each battery stewardship program may use additional sites for 457
534	556		collection events in excess of the minimum required in this subsection, 458
535	557		as may be agreed between the battery stewardship organization and the 459
536	558		collection site. 460
537	559		(C) Each battery stewardship organization may issue a warning to 461
538	560		suspend or terminate a collection site or service that does not adhere to 462
539	561		the collection site criteria in the approved battery stewardship plan or 463
540	562		that poses an immediate health and safety concern. 464
541	563		(5) (A) No battery stewardship program shall be required to provide 465
542	564		for the collection of battery-containing products. 466
543	565		(B) No battery stewardship program shall be required to provide for 467
544	566		the collection of batteries that: (i) Are not easily removable from the 468
545	567		product other than by the manufacturer; and (ii) remain contained in a 469
546	568		battery-containing product at the time of delivery to a collection site. 470
547	569		(C) Each battery stewardship program shall provide for the collection 471
	570	+	Committee Bill No. 5019
	571	+
	572	+
	573	+	LCO No. 3591 17 of 25
	574	+
548	575		of loose batteries. 472
549	576		(h) (1) Each battery stewardship organization shall carry out 473
550	577		promotional activities in support of the battery stewardship plan 474
551	578		implementation, including, but not limited to, the development and (A) 475
552	579		maintenance of a web site; (B) distribution of periodic press releases and 476
553	580		articles; (C) placement of advertisements for use on social media or 477
554	581		other relevant media platforms; (D) distribution of promotional 478
555	582		materials about the battery stewardship program and the restriction on 479
556	583		the disposal of covered batteries to be used by persons, including, but 480
557	584		not limited to, retailers, government agencies, waste and recycling 481
558		-	collectors and nonprofit organizations; (E) distribution of collection site 482 Substitute Bill No. 5019
559		-
560		-
561		-	LCO 17 of 24
562		-
	585	+	collectors and nonprofit organizations; (E) distribution of collection site 482
563	586		safety training procedures that are in compliance with state law to 483
564	587		collection sites to help ensure proper management of covered batteries 484
565	588		at collection sites; and (F) implementation of outreach and educational 485
566	589		resources that are conceptually, linguistically and culturally accurate for 486
567	590		the communities served and that reach the state's diverse ethnic 487
568	591		populations, including through meaningful consultation with 488
569	592		communities that bear disproportionately higher levels of adverse 489
570	593		environmental and social justice impacts. 490
571	594		(2) Each battery stewardship organization shall provide: 491
572	595		(A) Consumer-focused educational promotional materials to each 492
573	596		collection site used by the battery stewardship program and that are 493
574	597		accessible by customers of retailers that sell covered batteries or battery-494
575	598		containing products containing one or more covered batteries; and 495
576	599		(B) Safety information related to covered battery collection activities 496
577	600		to the operator of each collection site, including appropriate protocols 497
578	601		to reduce risks of spills or fires, response protocols in the event of a spill 498
579		-	or fire and response protocols in the event of detection of a damaged or 499
	602	+	or fire, and response protocols in the event of detection of a damaged or 499
580	603		defective battery. 500
581	604		(3) (A) Each battery stewardship organization shall provide 501
582	605		educational materials to the operator of each collection site for the 502
	606	+	Committee Bill No. 5019
	607	+
	608	+
	609	+	LCO No. 3591 18 of 25
	610	+
583	611		management of recalled batteries, which are not intended to be part of 503
584	612		collection, to help facilitate transportation and processing of recalled 504
585	613		batteries. 505
586	614		(B) Each battery stewardship organization may seek reimbursement 506
587	615		from the producer of the recalled battery for expenses incurred in the 507
588	616		collection, transportation or processing of such batteries. 508
589	617		(4) Upon request by a retailer or other potential collector, the battery 509
590	618		stewardship organization shall provide the retailer or other potential 510
591	619		collector educational materials describing collection opportunities for 511
592		-	batteries. 512 Substitute Bill No. 5019
593		-
594		-
595		-	LCO 18 of 24
596		-
	620	+	batteries. 512
597	621		(5) If multiple battery stewardship organizations are implementing 513
598	622		plans approved by the commissioner, the battery stewardship 514
599	623		organizations shall coordinate in carrying out their education and 515
600	624		outreach responsibilities under this section and shall include in their 516
601	625		annual reports to the commissioner a summary of their coordinated 517
602	626		education and outreach efforts. 518
603	627		(6) During the first year of a battery stewardship program's 519
604	628		implementation and every five years thereafter, each battery 520
605	629		stewardship organization shall carry out a survey of public awareness 521
606	630		regarding the requirements of the battery stewardship program 522
607	631		established under this section. Each battery stewardship organization 523
608	632		shall share the results of such public awareness surveys with the 524
609	633		commissioner. 525
610	634		(i) (1) Not later than June 1, 2029, and each June first thereafter, each 526
611	635		battery stewardship organization shall submit an annual report to the 527
612	636		commissioner covering the preceding calendar year of the battery 528
613	637		stewardship program. Such report shall include: 529
614	638		(A) An independent financial audit of the battery stewardship 530
615	639		program implemented by the battery stewardship organization, 531
616	640		including a breakdown of the program's expenses, such as collection 532
	641	+	Committee Bill No. 5019
	642	+
	643	+
	644	+	LCO No. 3591 19 of 25
	645	+
617	646		costs, recycling costs, education costs and overhead; 533
618	647		(B) A summary financial statement that documents the financing of 534
619	648		the battery stewardship organization's program and an analysis of 535
620	649		program costs and expenditures, including an analysis of the program's 536
621	650		expenses, such as collection costs, transportation costs, recycling costs, 537
622	651		education costs and administrative overhead costs. Each summary 538
623	652		financial statement shall be sufficiently detailed to provide transparency 539
624	653		as to whether funds collected from producers as a result of their 540
625	654		activities in the state are spent on program implementation in the state. 541
626	655		Each battery stewardship organization that implements similar battery 542
627	656		stewardship programs in multiple states may submit a financial 543
628		-	statement including all covered states, provided the statement breaks 544 Substitute Bill No. 5019
629		-
630		-
631		-	LCO 19 of 24
632		-
	657	+	statement including all covered states, provided the statement breaks 544
633	658		out financial information pertinent to this state; 545
634	659		(C) The weight, by chemistry, of covered batteries collected under the 546
635	660		battery stewardship program; 547
636	661		(D) The weight of materials recycled from covered batteries collected 548
637	662		under the program, in total, and by method of battery recycling; 549
638	663		(E) A calculation of the recycling efficiency rates; 550
639	664		(F) A list of all facilities used in the processing or disposition of 551
640	665		batteries, including identification of the facility's location and whether 552
641	666		the facility is located domestically, in an organization for economic 553
642		-	cooperation and development country or in a country that meets 554
	667	+	cooperation and development country, or in a country that meets 554
643	668		organization for economic cooperation and development operating 555
644	669		standards. For domestic facilities, such report shall provide a summary 556
645	670		of any violations of environmental laws and regulations over the 557
646	671		previous three years at each such facility; 558
647	672		(G) For each facility used for the final disposition of batteries, a 559
648	673		description of how the facility recycled or otherwise disposed of 560
649	674		batteries and battery components; 561
650	675		(H) The weight and chemistry of batteries sent to each facility used 562
	676	+	Committee Bill No. 5019
	677	+
	678	+
	679	+	LCO No. 3591 20 of 25
	680	+
651	681		for the final disposition of batteries. Such information may be 563
652	682		approximated for program operations in the state based on 564
653	683		extrapolations of national or regional data for programs in operation in 565
654	684		multiple states; 566
655	685		(I) The collection rate achieved under the program, including a 567
656	686		description of how the collection rate was calculated and how it 568
657	687		compares to the collection rate goals established in this section; 569
658	688		(J) The estimated aggregate sales, by weight and chemistry, of 570
659	689		batteries and batteries contained in or with battery-containing products 571
660	690		sold in the state by participating producers for each of the previous three 572
661		-	calendar years; 573 Substitute Bill No. 5019
662		-
663		-
664		-	LCO 20 of 24
665		-
	691	+	calendar years; 573
666	692		(K) A description of the manner in which the collected batteries were 574
667	693		managed and recycled, including a discussion of best available 575
668	694		technologies and the recycling efficiency rate; 576
669	695		(L) A description of education and outreach efforts supporting plan 577
670	696		implementation including, but not limited to, a summary of education 578
671	697		and outreach provided to consumers, collection sites, manufacturers, 579
672	698		distributors and retailers by the battery stewardship program operator 580
673	699		for the purpose of promoting the collection and recycling of covered 581
674	700		batteries, a description of how that education and outreach met the 582
675	701		requirements of this section, samples of education and outreach 583
676	702		materials, a summary of coordinated education and outreach efforts 584
677	703		with any other battery stewardship organizations implementing a 585
678		-	battery stewardship plan approved by the commissioner and a 586
	704	+	battery stewardship plan approved by the commissioner, and a 586
679	705		summary of any changes made during the previous calendar year to 587
680	706		education and outreach activities; 588
681	707		(M) A list of all collection sites and an address for each listed site 589
682	708		including an up-to-date map indicating the location of all collection sites 590
683	709		used to implement the program, with links to appropriate web sites if 591
684	710		there are existing web sites associated with a site; 592
	711	+	Committee Bill No. 5019
	712	+
	713	+
	714	+	LCO No. 3591 21 of 25
	715	+
685	716		(N) A description of methods used to collect, transport and recycle 593
686	717		covered batteries by the battery stewardship organization; 594
687	718		(O) A summary on progress made toward the program performance 595
688	719		goals established under this section and an explanation of why 596
689	720		performance goals were not met, if applicable; and 597
690	721		(P) An evaluation of the effectiveness of education and outreach 598
691	722		activities. 599
692	723		(2) The weight of batteries or recovered resources from such batteries 600
693	724		shall only be counted once and may not be counted by more than one 601
694	725		battery stewardship organization. 602
695		-	(3) If a battery stewardship organization has disposed of covered 603 Substitute Bill No. 5019
696		-
697		-
698		-	LCO 21 of 24
699		-
	726	+	(3) If a battery stewardship organization has disposed of covered 603
700	727		batteries though energy recovery, incineration or landfilling during the 604
701	728		preceding calendar year of program implementation, the annual report 605
702	729		shall specify the steps that the battery stewardship organization will 606
703	730		take to make the recycling of covered batteries cost effective, where 607
704	731		possible, or to otherwise increase battery recycling rates achieved by the 608
705	732		battery stewardship organization. 609
706	733		(4) Any proprietary information submitted to the commissioner 610
707	734		under this section shall be exempt from disclosure under chapter 14 of 611
708	735		the general statutes. 612
709	736		(j) The Commissioner of Energy and Environmental Protection may 613
710	737		assess a reasonable annual fee to any battery stewardship organization 614
711	738		that shall not exceed fifty thousand dollars annually for the 615
712	739		administration and enforcement of this section. 616
713	740		(k) The department shall maintain an Internet web site that lists 617
714	741		producers and their brands that are participating in an approved plan, 618
715	742		and make available to the public each plan, plan amendment and annual 619
716	743		report received by the commissioner after the approval or receipt of 620
717	744		notice from a battery stewardship organization of changes to the 621
718	745		producers and brands participating under an approved battery 622
	746	+	Committee Bill No. 5019
	747	+
	748	+
	749	+	LCO No. 3591 22 of 25
	750	+
719	751		stewardship plan. 623
720	752		(l) (1) Any person who violates any provision of this section shall be 624
721	753		liable for a civil penalty of seven thousand dollars per violation, except 625
722	754		that the failure to pay a fee under the provisions of this section shall 626
723	755		cause the person who fails to pay such fee to be liable for a civil penalty 627
724	756		that is double the applicable fee. 628
725	757		(2) The penalties provided for in this subsection may be recovered in 629
726	758		a civil action brought by the Attorney General. 630
727	759		(3) The Attorney General may institute a civil action for the 631
728	760		enforcement of any provision of this section. 632
729		-	(4) The penalties and injunctions provided in this subsection are in 633 Substitute Bill No. 5019
730		-
731		-
732		-	LCO 22 of 24
733		-
	761	+	(4) The penalties and injunctions provided in this subsection are in 633
734	762		addition to any penalties, injunctions or other relief provided under any 634
735	763		other provision of the general statutes. Nothing in this subsection shall 635
736	764		be construed to prohibit a cause of action by the state for any other 636
737	765		penalty, injunction or other relief provided by any other provision of 637
738	766		law. 638
739	767		(5) Any person who knowingly makes a false, fictitious or fraudulent 639
740	768		material written statement, under oath, related to or required by this 640
741	769		section or any rule adopted under this section, shall be guilty of a Class 641
742	770		A misdemeanor. 642
743	771		(6) Notwithstanding the provisions of this subsection, no penalty 643
744	772		may be assessed against an individual for the improper disposal of 644
745	773		covered batteries in a noncommercial or residential setting. 645
746	774		(m) (1) On and after January 1, 2028, each producer or retailer may 646
747	775		only sell, offer for sale or distribute in or into the state a covered battery 647
748	776		or battery-containing product containing one or more covered batteries 648
749	777		if the battery is marked with an identification of the producer of the 649
750	778		battery, unless the battery is less than one-half inch in diameter or does 650
751	779		not contain a surface that exceeds one-half inch. On and after January 1, 651
752	780		2030, such battery shall be marked with proper labeling to ensure proper 652
	781	+	Committee Bill No. 5019
	782	+
	783	+
	784	+	LCO No. 3591 23 of 25
	785	+
753	786		collection and recycling, by identifying the chemistry of the battery and 653
754	787		including an indication that the battery should not be disposed of as 654
755	788		household waste unless the battery is less than one-half inch diameter 655
756	789		or does not contain a surface that exceeds one-half inch. 656
757	790		(2) Each producer shall verify to its customers, or to the retailer if the 657
758	791		retailer is not the customer, that the requirements of this subsection have 658
759	792		been met. 659
760	793		(n) (1) Any battery stewardship organization that implements an 660
761	794		approved battery stewardship plan in compliance with the 661
762	795		requirements of this section may bring a civil action against a producer 662
763	796		for damages when: 663
764		-	(A) Such organization incurs more than one thousand dollars in 664 Substitute Bill No. 5019
765		-
766		-
767		-	LCO 23 of 24
768		-
	797	+	(A) Such organization incurs more than one thousand dollars in 664
769	798		actual costs from collecting, handling, recycling and properly disposing 665
770	799		of the defendant producer's batteries sold or offered for sale in the state; 666
771	800		and 667
772	801		(B) The defendant producer is not in compliance with the 668
773	802		requirements of this section. 669
774	803		(2) For the purposes of this subsection, "damages" includes: 670
775	804		(A) The actual costs a plaintiff battery stewardship organization 671
776	805		incurs in collecting, handling, recycling or properly disposing of 672
777	806		batteries reasonably identified as having originated from another 673
778	807		battery producer or battery stewardship organization; and 674
779	808		(B) Reasonable attorneys' fees and costs associated with bringing 675
780	809		such civil action. 676
781	810		(o) (1) No person shall dispose of any lithium-ion battery in any solid 677
782	811		waste landfill facility or incinerator. 678
783	812		(2) No owner or operator of a solid waste landfill or incinerator shall 679
784	813		be found to have knowingly disposed of any lithium-ion battery if such 680
	814	+	Committee Bill No. 5019
	815	+
	816	+
	817	+	LCO No. 3591 24 of 25
	818	+
785	819		owner or operator has implemented mechanisms to avoid such disposal 681
786	820		at such facility or incinerator. Such mechanisms shall include, at a 682
787	821		minimum: (A) Posting informational signs at the facility or incinerator 683
788	822		that provide notice of the disposal prohibition contained in this 684
789	823		subsection; or (B) providing written notification to, or entering into 685
790	824		agreements with, such facility's or incinerator's customers regarding the 686
791	825		disposal prohibition described in this subsection. 687
792	826		(3) Each municipality, solid waste district and owner or operator of a 688
793	827		solid waste landfill facility or incinerator shall make available 689
794	828		educational materials on safe handling and recycling of lithium-ion 690
795	829		batteries and provide recycling opportunities for such batteries and 691
796	830		devices. 692
797	831		(p) Nothing in this section shall prevent or prohibit any person from 693
798		-	offering or performing a fee-based household collection or a mail-back 694 Substitute Bill No. 5019
799		-
800		-
801		-	LCO 24 of 24
802		-
	832	+	offering or performing a fee-based household collection, or a mail-back 694
803	833		program for end-of-life portable batteries or medium format batteries 695
804		-	independent of a battery stewardship program, provided such person's 696
805		-	services shall be performed, and such person's facilities shall be 697
806		-	operated, in compliance with all applicable federal, state and local laws 698
807		-	and requirements, including, but not limited to, all applicable United 699
808		-	States Department of Transportation regulations, and all applicable 700
809		-	provisions of the Environmental Protection Act. 701
810		-	(q) Each producer, retailer and the battery stewardship organization 702
811		-	shall be immune from liability for any claim of a violation of antitrust 703
812		-	law or unfair trade practice if such conduct is a violation of antitrust law, 704
813		-	to the extent such producer or organization is exercising authority 705
814		-	pursuant to the provisions of this section. 706
	834	+	independent of a battery stewardship program, provided such person 696
	835	+	meets the following requirements: (1) Such person's services shall be 697
	836	+	performed, and such person's facilities shall be operated, in compliance 698
	837	+	with all applicable federal, state and local laws and requirements, 699
	838	+	including, but not limited to, all applicable United States Department of 700
	839	+	Transportation regulations, and all applicable provisions of the 701
	840	+	Environmental Protection Act; (2) such person shall make available to a 702
	841	+	battery stewardship organization all batteries collected by such person 703
	842	+	from such person's Illinois customers; and (3) after consolidation of 704
	843	+	portable or medium format batteries at such person's facilities, the 705
	844	+	transport to and processing of such batteries by the battery stewardship 706
	845	+	organization's designated sorters or processors shall be at the expense 707
	846	+	of the battery stewardship organization. 708
815	847		This act shall take effect as follows and shall amend the following
816	848		sections:
817	849
818	850		Section 1 October 1, 2025 New section
819	851
820		-	ENV Joint Favorable Subst.
	852	+	Committee Bill No. 5019
	853	+
	854	+
	855	+	LCO No. 3591 25 of 25
	856	+
	857	+	Statement of Purpose:
	858	+	To establish an extended producer responsibility program for consumer
	859	+	batteries sold and distributed in the state.
	860	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	861	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	862	+	underlined.]
	863	+
	864	+	Co-Sponsors: REP. GRESKO, 121st Dist.; REP. REYES, 75th Dist.
	865	+	REP. ARZENO, 151st Dist.
	866	+
	867	+	H.B. 5019
821	868