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