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SENATE DOCKET, NO. 1326 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 556
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing a lithium-ion battery stewardship program.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexMichael D. BradySecond Plymouth and Norfolk1/30/2025Dylan A. FernandesPlymouth and Barnstable1/31/2025 1 of 29
SENATE DOCKET, NO. 1326 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 556
By Ms. Creem, a petition (accompanied by bill, Senate, No. 556) of Cynthia Stone Creem,
Michael D. Brady and Dylan A. Fernandes for legislation to establish a lithium-ion battery
stewardship program. Environment and Natural Resources.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act establishing a lithium-ion battery stewardship program.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 The General Laws are hereby amended by inserting after chapter 21O the following
2chapter:-
3 CHAPTER 21P.
4 LITHIUM-ION BATTERY STEWARDSHIP PROGRAM.
5 Section 1. Definitions. As used in this chapter, the following words shall have the
6following meanings unless the context clearly requires otherwise:
7 "Department", the Massachusetts department of environmental protection.
8 "Battery-containing product", a product sold, offered for sale, or distributed in or into this
9commonwealth that contains or is packaged with rechargeable or primary batteries that are
10covered batteries. 2 of 29
11 "Battery stewardship organization", a nonprofit organization designated by a producer or
12group of producers to implement a battery stewardship plan required under this chapter.
13 "Battery Stewardship Program", a program implemented by a battery stewardship
14organization consistent with an approved battery stewardship plan.
15 "Collection rate", a percentage, by weight, that a battery stewardship organization
16collects that is calculated by dividing the total weight of primary and rechargeable batteries
17collected by the battery stewardship organization during the previous calendar year by the
18average annual weight of primary and rechargeable batteries that were estimated by the battery
19stewardship organization to have been sold in the commonwealth during the previous 3 calendar
20years by all producers participating in an approved battery stewardship plan.
21 "Covered battery", a portable battery or a medium-format battery that is either intact,
22new, used, damaged or defective. "Covered battery" does not include: (1) a battery contained
23within a medical device, as specified in 21 U.S.C. 321(h) as it existed as of the effective date of
24this Act, that is not designed and marketed for sale or resale principally to consumers for
25personal use; (2) a battery that contains an electrolyte as a free liquid; (3) a lead-acid battery
26weighing greater than 11 pounds; (4) a battery in a battery-containing product that is not
27intended or designed to be easily removable from the battery-containing product; and (5) a
28battery that is a component of a motor vehicle or intended for use exclusively in motor vehicles;
29and (6) a battery or battery-containing product that is being recalled for safety reasons; (7) large-
30format batteries.
31 "Easily removable", designed by the manufacturer to be removable by the user of the
32product with no more than commonly used household tools. 3 of 29
33 “Large-format battery” are primary or rechargeable batteries that have a rating of more
34than 2,000 watt-hours and are more than 25 pounds.
35 "Medium-format battery", the following primary or rechargeable covered batteries: (1)
36for rechargeable batteries, a battery weighing more than 11 pounds or having a rating of more
37than 300 watt-hours, or both, and no more than 25 pounds and having a rating of no more than
382,000 watt-hours; (2) for primary batteries, a battery weighing at least 4.4 pounds but not more
39than 25 pounds.
40 "Motor vehicle" includes automobiles, vans, trucks, tractors, motorcycles, as defined in
41section 1 of chapter 90 and motorboats as defined in section 1 of chapter 90B.
42 "Portable battery", the following primary or rechargeable covered batteries: (1) for
43rechargeable batteries, a battery weighing no more than 11 pounds and having a rating of no
44more than 300 watt-hours; (2) for primary batteries, a battery weighing no more than 4.4 pounds.
45 "Primary battery", a battery that is not capable of being recharged.
46 "Producer", the following:
47 (1) For covered batteries sold, offered for sale, or distributed in or into this
48commonwealth:
49 (A) If the battery is sold, offered for sale, or distributed in or into this commonwealth
50under the brand of the battery manufacturer, the producer is the person that manufactures the
51battery. 4 of 29
52 (B) If the battery is sold, offered for sale, or distributed in or into this commonwealth
53under a retail brand or under a brand owned by a person other than the manufacturer, the
54producer is the brand owner.
55 (C) If there is no person to whom subparagraph (A) or (B) of this paragraph (1) applies,
56the producer is the person that is the licensee of a brand or trademark under which the battery is
57sold, offered for sale, or distributed in or into this commonwealth, whether or not the trademark
58is registered in this commonwealth.
59 (D) If there is no person in the United States to whom subparagraph (A), (B), or (C) of
60this paragraph (1) applies, the producer is the person who is the importer of record for the battery
61into the United States.
62 (E) If there is no person with a commercial presence within the commonwealth to whom
63subparagraph (A), (B), (C), or (D) of this paragraph (1) applies, the producer is the person who
64first sells, offers for sale, or distributes the battery in or into this commonwealth.
65 (2) For covered battery-containing products containing one or more covered batteries
66sold, offered for sale, or distributed in or into this commonwealth:
67 (A) If the battery-containing product is sold, offered for sale, or distributed in or into this
68commonwealth under the brand of the product manufacturer, the producer is the person that
69manufactures the product.
70 (B) If the battery-containing product is sold, offered for sale, or distributed in or into this
71commonwealth under a retail brand or under a brand owned by a person other than the
72manufacturer, the producer is the brand owner. 5 of 29
73 (C) If there is no person to whom subparagraph (A) or (B) of this paragraph (2) applies,
74the producer is the person that is the licensee of a brand or trademark under which the product is
75sold, offered for sale, or distributed in or into this commonwealth, whether or not the trademark
76is registered in this commonwealth.
77 (D) If there is no person described in subparagraph (A), (B), or (C) of this paragraph (2)
78within the United States, the producer is the person who is the importer of record for the product
79into the United States.
80 (E) If there is no person described in subparagraph (A), (B), (C), or (D) of this paragraph
81(2) with a commercial presence within the commonwealth, the producer is the person who first
82sells, offers for sale, or distributes the product in or into this commonwealth.
83 (F) A producer does not include any person who only manufactures, sells, offers for sale,
84distributes, or imports into the commonwealth a battery-containing product if the only batteries
85contained in or supplied with the battery-containing product are supplied by a producer that has
86joined a registered battery stewardship organization as the producer for that covered battery
87under this chapter. Such a producer of covered batteries that are included in a battery-containing
88product must provide written certification of that membership to both the producer of the battery-
89containing product containing one or more covered batteries and the battery stewardship
90organization of which the battery producer is a member.
91 (3) A person is the producer of a covered battery or battery-containing product containing
92one or more covered batteries sold, offered for sale, or distributed in or into this commonwealth,
93as defined in this section, except if another party has contractually accepted responsibility as a
94responsible producer and has joined a registered battery stewardship organization as the producer 6 of 29
95for that covered battery or battery-containing product containing one or more covered batteries
96under this chapter.
97 "Rechargeable battery" means a battery that contains one or more voltaic or galvanic
98cells, electrically connected to produce electric energy, designed to be recharged. "Recycling",
99recycling, reclamation, or reuse as defined in 310 CMR 19.000. For purposes of this chapter,
100"recycling" does not include: (1) combustion; (2) incineration; (3) energy generation; (4) fuel
101production; or (5) beneficial reuse in the construction and operation of a solid waste landfill,
102including use of alternative daily cover.
103 "Recycling efficiency rate", the ratio of the weight of components and materials recycled
104by a program operator from covered batteries to the weight of covered batteries as collected by
105the program operator.
106 "Retailer", a person who sells covered batteries or battery-containing products containing
107one or more covered batteries in or into this commonwealth or offers or otherwise makes
108available covered batteries or battery- containing products containing one or more covered
109batteries to a customer, including other businesses, in this commonwealth.
110 Section 2. Requirement that producers implement a stewardship plan.
111 (a) Beginning January 1, 2028, a producer selling, making available for sale, or
112distributing covered batteries or battery-containing products containing one or more covered
113batteries in or into the commonwealth shall participate in an approved Massachusetts battery
114stewardship plan through participation in and funding of a battery stewardship organization. 7 of 29
115 (b) Beginning January 1, 2028, no person shall sell covered batteries or battery-
116containing products covered by this chapter in or into the commonwealth who does not
117participate in a battery stewardship organization and battery stewardship plan.
118 Section 3. Role of retailers.
119 (a) Beginning July 1, 2028, a retailer may not sell, offer for sale, distribute, or otherwise
120make available for sale a covered battery or battery-containing product containing one or more
121covered batteries unless the producer of the covered battery or battery-containing product is
122identified as a participant in a battery stewardship organization whose plan has been approved by
123the department.
124 (b) A retailer is not in violation of the requirements of subsection (a) of this section if the
125website made available by the department under section 10 lists, as of the date a product is made
126available for retail sale, the producer or brand of covered battery or battery-containing product
127containing one or more covered batteries sold by the retailer as a participant in an approved plan
128or the implementer of an approved plan.
129 (c) Retailers of covered batteries or battery-containing products containing one or more
130covered batteries are not required to make retail locations available to serve as collection sites for
131a stewardship program operated by a battery stewardship organization. Retailers that serve as a
132collection site must comply with the requirements for collection sites, consistent with section 7.
133 (d) A retailer may not sell, offer for sale, distribute, or otherwise make available for sale
134covered batteries, unless those batteries are marked consistently with the requirements of section
13512. A producer of a product containing a covered battery must certify to the retailers of its 8 of 29
136product that the battery contained in the battery-containing product is marked consistently with
137the requirements of section 12.
138 (e) A retailer selling or offering covered batteries or battery-containing products
139containing one or more covered batteries for sale in the commonwealth shall provide
140information, provided to the retailer by the battery stewardship organization, regarding available
141end-of-life management options for covered batteries collected by the battery stewardship
142organization. The information that a battery stewardship organization must make available to
143retailers for use by retailers must include, but is not limited to, in-store signage, written
144materials, and other promotional materials that retailers shall use to inform consumers of the
145available end-of-life management options for covered batteries collected by the battery
146stewardship organization.
147 (f) Retailers,producers, or battery stewardship organizations shall not charge a
148specific point-of-sale fee to consumers to cover the administrative or operational costs of the
149battery stewardship organization or the battery stewardship program.
150 Section 4. Stewardship plan components.
151 (a) By December 31, 2027, each battery stewardship organization must submit to the
152department for approval a plan for covered batteries. There may be more than one battery
153stewardship organization provided that the department reviews each plan to ensure coordination,
154transparency and unified messaging. The department shall review and approve a plan based on
155whether it:
156 (1) lists and provides contact information for each producer, battery brand, and battery-
157containing product brand covered in the plan, including identifying producers who have 9 of 29
158contractually accepted responsibility as a producer in accordance with paragraph (3) of the
159definition of producer in this chapter;
160 (2) proposes performance goals, consistent with section 5, including establishing
161performance goals for each of the next 3 upcoming calendar years of program implementation;
162 (3) describes how the battery stewardship organization will make retailers aware of their
163obligation to sell only covered batteries and battery-containing products containing one or more
164covered batteries of producers participating in an approved plan;
165 (4) describes the education and communications strategy being implemented to promote
166participation in the approved covered battery stewardship program and provide the information
167necessary for effective participation of consumers, retailers, and others;
168 (5) describes how the battery stewardship organization will make available to voluntary
169collection sites signage, written materials, and other promotional materials that collection sites
170shall use to inform consumers of the available end-of-life management options for covered
171batteries collected by the battery stewardship organization;
172 (6) lists promotional activities to be undertaken, and the identification of consumer
173awareness goals and strategies that the program will employ to achieve these goals after the
174program begins to be implemented;
175 (7) includes collection site safety training procedures related to covered battery collection
176activities at collection sites, including a description of operating protocols to reduce risks of
177spills or fires, response protocols in the event of a spill or fire, and protocols for safe
178management of damaged batteries that are returned to collection sites; 10 of 29
179 (8) describes the method to establish and administer a means for fully funding the
180program in a manner that equitably distributes the program's costs among the producers that are
181part of the battery stewardship organization. For producers that choose to meet the requirements
182of this chapter individually, without joining a battery stewardship organization, the plan must
183describe the proposed method to establish and administer a means for fully funding the program;
184 (9) describes the financing methods used to implement the plan, consistent with section 6;
185 (10) describes how the program will collect all covered battery chemistries and brands on
186a free, continuous, convenient, visible, and accessible basis, and consistent with the requirements
187of section 7, including a description of how the statewide convenience standard will be met and a
188list of collection sites supported by the battery stewardship program, including the address of
189collection sites supported by the battery stewardship program;
190 (l1) describes the criteria to be used in the program to determine whether an entity may
191serve as a collection site for covered batteries under the program;
192 (12) establishes collection rate goals for each of the first 3 years of implementation of the
193battery stewardship plan that are based on the estimated total weight of primary and rechargeable
194covered batteries that have been sold in the commonwealth in the previous 3 calendar years by
195the producers participating in the battery stewardship plan;
196 (13) identifies proposed service providers, such as sorters, transporters, and processors, to
197be used by the program for the final disposition of batteries and proposed provisions for
198recordkeeping, tracking, and documenting the fate of collected covered batteries; 11 of 29
199 (14) details how the program will achieve a recycling efficiency rate, calculated in
200accordance with section 9, of at least 60 percent for rechargeable batteries and at least 70 percent
201for primary batteries, which shall be reviewed and adjusted every five years by the department;
202and
203 (15) proposes goals for increasing public awareness of the program and describes how
204the public education and outreach components of the program under section 8 will be
205implemented.
206 (b) A battery stewardship organization must submit a new plan to the department for
207approval no less than every 5 years. If the performance goals under section 5 of this chapter and
208as approved in the plan have not been met, the new plan shall include corrective measures to be
209implemented by the battery stewardship organization to meet the performance goals, which may
210include improvements to the collection site network or increased expenditures dedicated to
211education and outreach.
212 (c) A battery stewardship organization must provide plan amendments to the department
213for approval when proposing changes to the performance goals under section 5 based on the up-
214to-date experience of the program or when there is a change to the method of financing plan
215implementation under section
216 (d) The department shall review stewardship plans and stewardship plan amendments for
217compliance with this chapter and shall approve, disapprove, or conditionally approve the plans or
218plan amendments in writing within 120 days of their receipt. If the department disapproves a
219stewardship plan or plan amendment submitted by a battery stewardship organization, the
220department shall explain how the stewardship plan or plan amendment does not comply with this 12 of 29
221chapter. The battery stewardship organization shall resubmit to the department a revised
222stewardship plan or plan amendment or notice of plan withdrawal within 60 days of the date the
223written notice of disapproval is issued, and the department shall review the revised stewardship
224plan or plan amendment within 30 days of resubmittal. If a revised stewardship plan is
225disapproved by the department, a producer operating under the stewardship plan shall not be in
226compliance with this chapter until the department approves a stewardship plan submitted by a
227battery stewardship organization that covers the producer's products.
228 (e) When a stewardship plan or an amendment to an approved plan is submitted under
229this section, the department shall make the proposed plan or amendment available for public
230review and comment for at least 30 days.
231 (f) A battery stewardship organization must provide written notification to the department
232within 30 days of a producer beginning or ceasing to participate in a battery stewardship
233organization or of adding or removing a processor or transporter.
234 Section 5. Performance goals.
235 (a) Each battery stewardship plan must include performance goals that measure, on an
236annual basis, the achievements of the program, including but not limited to: (1) the collection
237rate for batteries in Massachusetts; (2) the recycling efficiency rate of the program; and (3)
238public awareness of the program.
239 (b) The performance goals established in each battery stewardship plan must include, but
240are not limited to: (1) target collection rates for primary batteries and for rechargeable batteries;
241(2) target recycling efficiency rates of at least 60% for rechargeable batteries and at least 70% for 13 of 29
242primary batteries; and (3) goals for public awareness, convenience, and accessibility that meet or
243exceed the minimum requirements established in section 7.
244 Section 6. Funding.
245 (a) A battery stewardship organization implementing a battery stewardship plan on behalf
246of producers must develop and administer a system to collect charges from participating
247producers to cover the costs of plan implementation, including: (1) battery collection,
248transporting, and processing; (2) education and outreach; (3) program evaluation; and (4)
249payment of the administrative fees to the department under section 10.
250 (b) Each battery stewardship organization is responsible for all costs of participating
251covered battery collection, transportation, processing, education, administration, department
252oversight, recycling, and end-of-life management in accordance with the requirements of this
253chapter.
254 (c) Each battery stewardship organization must meet the collection goals established in
255the approved stewardship plan as specified in section 4.
256 (d) A battery stewardship organization shall not reduce or cease collection, education and
257outreach, or other activities implemented under an approved plan based on achievement of
258program performance goals.
259 (e) A battery stewardship organization must reimburse local governments for
260demonstrable costs incurred as a result of a local government facility or solid waste handling
261facility serving as a collection site for a program including, but not limited to, associated labor
262costs and other costs associated with accessibility and collection site standards such as storage. 14 of 29
263 (f) A battery stewardship organization shall at a minimum provide collection sites with
264appropriate containers for covered batteries subject to its program, training, signage, safety
265guidance, and educational materials, at no cost to the collection sites.
266 Section 7. Collection and management requirements.
267 (a) Battery stewardship organizations implementing a battery stewardship plan must
268provide for the collection of all covered batteries, including all chemistries and brands of covered
269batteries, on a free, continuous, convenient, visible, and accessible basis to any person, business,
270governmental agency, institutions or nonprofit organization. Except as provided in paragraphs
271(2) and (3) of subsection (b) of this section, each battery stewardship plan must arrange for the
272collection of each chemistry and brand of covered battery from any person, business,
273governmental agency, or nonprofit organization at each collection site that counts toward
274satisfaction of the collection site criteria in subsection (c) of this section.
275 (b)(1) For each collection site used by the program, each battery stewardship organization
276must provide suitable collection containers for covered batteries that are segregated from other
277solid waste or make mutually agreeable alternative arrangements for the collection of batteries at
278the site. The location of collection containers at each collection site used by the program must be
279within view of a responsible person and must be accompanied by signage that is made available
280to the collection site by the battery stewardship organization and informs consumers regarding
281the end-of-life management options for batteries provided by the collection site under this
282chapter. Each collection site must meet applicable federal, state, and local regulatory
283requirements. 15 of 29
284 (2) Medium-format batteries may be collected only at household hazardous waste
285collection sites or other staffed collection sites that meet applicable federal, state, and local
286regulatory requirements to manage medium-format batteries.
287 (3) Damaged and defective batteries are intended to be collected at collection sites staffed
288by persons trained to handle and ship those batteries. Each battery stewardship organization must
289provide for the collection, with qualified staff, of damaged and defective batteries at each
290permanent household hazardous waste facility. As used in this subsection, "damaged and
291defective batteries" shall mean batteries that have been damaged or identified by the
292manufacturer as being defective for safety reasons and that have the potential of producing a
293dangerous evolution of heat, fire, or short circuit.
294 (c)(1) Each battery stewardship organization implementing a battery stewardship plan
295shall ensure statewide collection opportunities for all covered batteries. Battery stewardship
296organizations shall coordinate activities with other program operators, including covered battery
297collection and recycling programs and electronic waste recyclers, with regard to the proper
298management or recycling of collected covered batteries, for purposes of providing the efficient
299delivery of services and avoiding unnecessary duplication of effort and expense. Statewide
300collection opportunities must be determined by geographic information modeling that considers
301permanent collection sites. A program may rely, in part, on collection events to supplement the
302permanent collection services required in paragraphs (2) and (3) of this subsection. However,
303only permanent collection services specified in paragraphs (2) and (3) of this subsection qualify
304toward the satisfaction of the requirements of this subsection. 16 of 29
305 (2) For portable batteries, each battery stewardship organization must provide statewide
306collection opportunities that include: (A) at least one permanent collection site for portable
307batteries within a 15-mile radius for at least 95% of commonwealth residents; and (B) at least
308one permanent collection site, collection service, or collection event for portable batteries in
309addition to those required in subparagraph (A) for every 30,000 residents of a county.
310 (3) For medium-format batteries, a battery stewardship organization must provide
311statewide collection opportunities that include: (A) at least one permanent collection site in each
312of the department’s regions and central office area; (B) a permanent collection site in each
313county (C) service to areas without a permanent collection site. A battery stewardship
314organization must ensure that there is a collection event at least once each calendar year in each
315county of the commonwealth which does not have a permanent collection site. Such collection
316events must provide for the collection of all medium-format batteries, including damaged and
317defective batteries. (D) A battery stewardship organization shall ensure the minimum number of
318collection sites specified in subsection (c) of this section are established by no later than
319December 31, 2028.
320 (d)(1) Battery stewardship programs must use existing public and private waste collection
321services and facilities, including battery collection sites that are established through other battery
322collection services, transporters, consolidators, processors, and retailers, if cost-effective,
323mutually agreeable, and otherwise practicable.
324 (2) Battery stewardship programs must use as a collection site for covered batteries any
325retailer, wholesaler, municipality, solid waste management facility, household hazardous waste
326facility, or other entity that meets the criteria for collection sites in the approved plan up to the 17 of 29
327minimum number of sites required for compliance with subsection (c) of this section, upon the
328submission of a request by the entity to the battery stewardship organization to serve as a
329collection site. Battery stewardship programs may use additional collection sites in excess of the
330minimum required in subsection (c) of this section as may be agreed between the battery
331stewardship organization and the collection site.
332 (3) Battery stewardship programs must use as a site for a collection event for covered
333batteries any retailer, wholesaler, municipality, solid waste management facility, household
334hazardous waste facility, or other entity that meets the criteria for collection events in the
335approved plan up to the minimum number of sites required for compliance with subsection (c) of
336this section, upon the submission of a request by the entity to the battery stewardship
337organization to serve as a site for a collection event. Battery stewardship programs may use
338additional sites for collection events in excess of the minimum required in subsection (c) of this
339section as may be agreed between the battery stewardship organization and the collection site.
340 (4) A battery stewardship organization may issue a warning, suspend, or terminate a
341collection site or service that does not adhere to the collection site criteria in the approved plan or
342that poses an immediate health and safety concern.
343 (e)(1) Stewardship programs are not required to provide for the collection of battery-
344containing products.
345 (2) Stewardship programs are not required to provide for the collection of batteries that:
346(i) are not easily removable from the product other than by the manufacturer; and (ii) remain
347contained in a battery-containing product at the time of delivery to a collection site.
348 (3) Stewardship programs are required to provide for the collection of loose batteries. 18 of 29
349 Section 8. Education and outreach requirements.
350 (a) Each battery stewardship organization must carry out promotional activities in support
351of plan implementation including, but not limited to: (1) the development and maintenance of a
352website; (2) the development and distribution of press releases and articles annually; (3) the
353development and placement of advertisements for use on social media or other relevant media
354platforms; (4) the development of promotional materials about the program and the restriction on
355the disposal of covered batteries in section 13 to be used by persons, including, but not limited
356to, retailers, government agencies, waste and recycling collectors, and nonprofit organizations;
357(5) the development and distribution of collection site safety training procedures that are in
358compliance with commonwealth law to collection sites to help ensure proper management of
359covered batteries at collection sites; and (6) the development and implementation of outreach and
360educational resources that are conceptually, linguistically, and culturally accurate for the
361communities served and reach the commonwealth's diverse ethnic populations, including through
362meaningful consultation with communities that bear disproportionately higher levels of adverse
363environmental and social justice impacts.
364 (b) Each battery stewardship organization must provide: (1) consumer-focused
365educational promotional materials to each collection site used by the program and accessible by
366consumers of retailers that sell covered batteries or battery-containing products containing one or
367more covered batteries; and (2) safety information related to covered battery collection activities
368to the operator of each collection site, including appropriate protocols to reduce risks of spills or
369fires, response protocols in the event of a spill or fire, and response protocols in the event of
370detection of a damaged or defective battery. 19 of 29
371 (c)(1) Each battery stewardship organization must provide educational materials to the
372operator of each collection site for the management of recalled batteries, which are not intended
373to be a part of collection as provided under this Act, to help facilitate transportation and
374processing of Recalled batteries. (2) A battery stewardship organization may seek reimbursement
375from the producer of the recalled battery for expenses incurred in the collection, transportation,
376or processing of those batteries.
377 (d) Upon request by a retailer or other potential collector, the battery stewardship
378organization must provide the retailer or other potential collector educational materials
379describing collection opportunities for batteries.
380 (e) If multiple battery stewardship organizations are implementing plans approved by the
381department, the battery stewardship organizations must coordinate in carrying out their education
382and outreach responsibilities under this section and must include in their annual reports to the
383department under section 9 a summary of their coordinated education and outreach efforts.
384 (f) During the first year of program implementation and every 5 years thereafter, each
385battery stewardship organization must carry out a survey of public awareness regarding the
386requirements of the program established under this Act, including the provisions of section 13.
387Each battery stewardship organization must share the results of the public awareness surveys
388with the department.
389 Section 9. Reporting requirements.
390 (a) By June 1, 2028, and each June 1st thereafter, each battery stewardship organization
391must submit an annual report to the department covering the preceding calendar year of battery
392stewardship plan implementation. The report must include the following: 20 of 29
393 (1) The report must include an independent financial assessment of a program
394implemented by the battery stewardship organization, including a breakdown of the program's
395expenses, such as collection expenses, recycling expenses, education expenses, and overhead
396expenses.
397 (2) The report must include a summary financial statement documenting the financing of
398battery stewardship organization's program and an analysis of program costs and expenditures,
399including an analysis of the program's expenses, such as collection, transportation, recycling,
400education, and administrative overhead. The summary financial statement must be sufficiently
401detailed to provide transparency that funds collected from producers as a result of their activities
402in Massachusetts are spent on program implementation in Massachusetts. Battery stewardship
403organizations implementing similar battery stewardship programs in multiple states may submit
404a financial statement including all covered states, as long as the statement breaks out financial
405information pertinent to Massachusetts.
406 (3) The report must include the weight, by chemistry, of covered batteries collected under
407the program.
408 (4) The report must include the weight of materials recycled from covered batteries
409collected under the program, in total, and by method of battery recycling.
410 (5) The report must include a calculation of the recycling efficiency rates, as measured
411consistent with subsection (b) of this section.
412 (6) The report must include a list of all facilities used in the processing or disposition of
413batteries, including identification of the facilities' location and whether the facility is located
414domestically, in an organization for economic cooperation and development country, or in a 21 of 29
415country that meets organization for economic cooperation and development operating standards,
416and for domestic facilities provide a summary of any violations of environmental laws and
417regulations over the previous 3 years at each facility.
418 (7) The report must include, for each facility used for the final disposition of batteries, a
419description of how the facility recycled or otherwise managed batteries and battery components.
420 (8) The report must include the weight and chemistry of batteries sent to each facility
421used for the final disposition of batteries. The information in this subdivision (a)(8) may be
422approximated for program operations in Massachusetts based on extrapolations of national or
423regional data for programs in operation in multiple states.
424 (9) The report must include the collection rate achieved under the program, including a
425description of how this collection rate was calculated and how it compares to the collection rate
426goals under section 5.
427 (10) The report must include the estimated aggregate sales, by weight and chemistry, of
428batteries and batteries contained in or with battery-containing products sold in Massachusetts by
429participating producers for each of the previous 3 calendar years.
430 (11) The report must include a description of the manner in which the collected batteries
431were managed and recycled, including a discussion of best available technologies and the
432recycling efficiency rate.
433 (12) The report must include a description of education and outreach efforts supporting
434plan implementation including, but not limited to, a summary of education and outreach
435provided to consumers, collection sites, manufacturers, distributors, and retailers by the program 22 of 29
436operator for the purpose of promoting the collection and recycling of covered batteries, a
437description of how that education and outreach met the requirements of section 8, samples of
438education and outreach materials, a summary of coordinated education and outreach efforts with
439any other battery stewardship organizations implementing a plan approved by the department,
440and a summary of any changes made during the previous calendar year to education and outreach
441activities.
442 (13) The report must include a list of all collection sites and a current address for each
443listed site, and an up-to-date map indicating the location of all collection sites used to implement
444the program, with links to appropriate websites where there are existing websites associated with
445a site.
446 (14) The report must include a description of methods used to collect, transport, and
447recycle covered batteries by the battery stewardship organization.
448 (15) The report must include a summary of progress made toward the program
449performance goals established under section 5, and an explanation of why performance goals
450were not met, if applicable.
451 (16) The report must include an evaluation of the effectiveness of education and outreach
452activities.
453 (b) The weight of batteries or recovered resources from those batteries must only be
454counted once may not be counted by more than one battery stewardship organization.
455 (c) If a battery stewardship organization has disposed of covered batteries through energy
456recovery, incineration, or landfilling during the preceding calendar year of program 23 of 29
457implementation, the annual report must specify the steps that the battery stewardship
458organization will take to make the recycling of covered batteries cost-effective, where possible,
459or to otherwise increase battery recycling rates achieved by the battery stewardship organization.
460(d) Proprietary information submitted to the department under this chapter is exempted from
461disclosure as provided under provision (g) of clause 26 of section 7 of chapter 4.
462 Section 10. Fee and department role.
463 (a) By July 1, 2028, each battery stewardship organization shall provide $100,000 to the
464department as a one-time payment. By July 1 of each year thereafter, each battery stewardship
465organization shall pay to the department an annual fee which shall cover the department's full
466costs of implementing, administering, and enforcing this chapter. The annual fee shall be
467deposited into an account identified by the department to be used for costs associated with the
468administration of this chapter.
469 (b) The responsibilities of the department in implementing, administering, and enforcing
470this chapter include: (1) reviewing submitted stewardship plans and plan amendments and
471making determinations as to whether to approve the plan or plan amendment; (2) reviewing
472annual reports submitted under section 9 within 90 days after submission to ensure compliance
473with that section; (3) maintaining a website that lists producers and their brands that are
474participating in an approved plan, and that makes available to the public each plan, plan
475amendment, and annual report received by the department under this Act; and (4) providing
476technical assistance to producers and retailers related to the requirements of this chapter.
477 Section 11. Penalties and civil actions. 24 of 29
478 (a) Any person who violates any provision of this chapter is liable for a civil penalty per
479violation that is consistent with department enforcement policies, except that the failure to pay a
480fee under this chapter shall cause the person who fails to pay the fee to be liable for a civil
481penalty that is double the applicable fee.
482 (b) The penalties provided for in this section may be recovered in a civil action by the
483attorney general. Any penalties collected under this section in an action in which the attorney
484general has prevailed shall be deposited into with existing practice.
485 (c) The attorney general may institute a civil action for an injunction, prohibitory or
486mandatory, to restrain violations of this chapter or to require such actions as may be necessary to
487address violations of this chapter.
488 (d) The penalties and injunctions provided in this chapter are in addition to any penalties,
489injunctions, or other relief provided under any other law. Nothing in this chapter bars a cause of
490action by the commonwealth for any other penalty, injunction, or other relief provided by any
491other law.
492 (e) Any person who knowingly makes a false, fictitious, or fraudulent material statement,
493orally or in writing, to the department, related to or required by this chapter or any rule adopted
494under this chapter commits a Class D felony, and each such statement or writing shall be
495considered a separate Class D felony. A person who, after being convicted under this subsection,
496violates this subsection a second subsequent time commits a Class C felony.
497 (f) No penalty may be assessed under this chapter on an individual or resident for the
498improper disposal of covered batteries as described in section 13 in a noncommercial or
499residential setting. 25 of 29
500 Section 12. Marking requirements for batteries.
501 (a) A producer or retailer may sell, offer for sale, or distribute in or into Massachusetts a
502covered battery or battery-containing product containing one or more covered batteries only if
503the battery is: (1) beginning January 1, 2028, marked with an identification of the producer of the
504battery, unless the battery is less than one-half inch in diameter or does not contain a surface
505whose length exceeds one-half inch; and (2) beginning January 1, 2029, marked with proper
506labeling to ensure proper collection and recycling, by identifying the chemistry of the battery and
507including an indication that the battery should not be disposed of as household waste.
508 (b) The department may adopt rules establishing marking requirements for batteries as
509needed to maintain consistency with the labeling requirements or voluntary standards for
510batteries established in federal law.
511 Section 13. General battery disposal and collection requirements.
512 (a) On and after January 1, 2028, all persons must manage unwanted covered batteries
513through one of the following options: (1) delivery to a collection site, event, or program
514established by or included in the programs created by this Act; or (2) for covered batteries that
515are hazardous waste as defined under federal or state hazardous or solid waste laws, management
516in a manner consistent with the requirements of those laws.
517 (b) On and after January 1, 2028: (1) A fee may not be charged at the time covered
518batteries are delivered or collected for management. 26 of 29
519 (2) All covered batteries may be collected, transported, and processed only in accordance
520with this Act, unless the batteries are regulated as hazardous waste as described in paragraph (2)
521of subsection (a) of this section.
522 (3) No person may knowingly cause or allow the mixing of a covered battery with
523recyclable materials that are intended for processing and sorting at a material recovery facility.
524 (4) No person may knowingly cause or allow the mixing of a covered battery with
525municipal waste that is intended for disposal at a sanitary landfill.
526 (5) No person may knowingly cause or allow the disposal of a covered battery in a
527sanitary landfill.
528 (6) No person may knowingly cause or allow the mixing of a covered battery with waste
529that is intended for burning or incineration.
530 (7) No person may knowingly cause or allow the burning or incineration of a covered
531battery.
532 (8) An owner or operator of a solid waste facility may not be found in violation of this
533section if the facility has posted in a conspicuous location a sign stating that covered batteries
534must be managed through collection sites established by a battery stewardship organization and
535are not accepted for disposal, unless the owner or operator of the facility knew it was in violation
536of this section and did not take reasonable steps to avoid the violation.
537 (9) A solid waste collector may not be found in violation of this section for a covered
538battery placed in a disposal container by a third party, unless the collector knew the covered 27 of 29
539battery was placed in the disposal container and did not take reasonable steps to avoid the
540violation.
541 Section 14. Assessment of battery-containing products and their batteries.
542 (a) By December 31, 2028, the battery stewardship organization must complete an
543assessment of the opportunities and challenges associated with the end-of-life management of
544portable and medium-format batteries that are not intended or designed to be easily removed by a
545customer and that are contained either in battery-containing products, including medical devices,
546and electric vehicle batteries, large format batteries including all lithium batteries, and new
547chemistries.
548 (b) A battery stewardship organization must review and may utilize existing assessments
549done in other states, including Illinois, Vermont and Washington, with the department and
550interested stakeholders in completing the assessment. The assessment must identify any
551adjustments to the stewardship program requirements established in this Act that would
552maximize public health, safety, and environmental benefits. Additionally, any assessment shall
553identify issues and concerns unique to Massachusetts.
554 (c) The assessment must consider: (1) the different categories and uses of battery-
555containing products; (2) the current methods by which unwanted battery-containing products are
556managed in Massachusetts and nearby states; (3) challenges posed by the potential collection,
557management, and transport of battery-containing products, including challenges associated with
558removing batteries that were not intended or designed to be easily removable from products,
559other than by the manufacturer; and (4) which criteria of this chapter may apply to battery- 28 of 29
560containing products in a manner that is identical or analogous to the requirements applicable to
561covered batteries.
562 (d) By April 1, 2031, the department must submit the assessment required in this section
563to the general court.
564 Section 15. Antitrust.
565 Producers or battery stewardship organizations acting on behalf of producers that prepare,
566submit, and implement a battery stewardship program plan under this chapter and who are
567thereby subject to regulation by the department are granted immunity from state laws relating to
568antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for
569the limited purpose of planning, reporting, and operating a battery stewardship program,
570including: (1) the creation, implementation, or management of a battery stewardship organization
571and any battery stewardship plan regardless of whether it is submitted, denied, or approved; (2)
572the determination of the cost and structure of a battery stewardship plan; and (3) the types or
573quantities of batteries being recycled or otherwise managed under this chapter.
574 Section 16. Collection of batteries independent of a battery stewardship program.
575 Nothing in this chapter shall prevent or prohibit a person from offering or performing a
576fee-based, household collection, or a mail back program for end-of-life portable batteries or
577medium-format batteries independently of a battery stewardship program, provided that such
578person meets the following requirements: (1) such person's services must be performed, and such
579person's facilities must be operated in compliance with all applicable federal, state, and local
580laws and requirements, including, but not limited to, all applicable U.S. Department of
581Transportation regulations, and all applicable provisions of the Environmental Protection Act; 29 of 29
582(2) such person must make available all batteries collected by such person from its
583Massachusetts consumers to a battery stewardship organization; and (3) after consolidation of
584portable or medium-format batteries at the person's facilities, the transport to and processing of
585such batteries by the battery stewardship organization's designated sorters or processors shall be
586at the battery stewardship organization's expense.
587 Section 17. Severability.
588 If any provision of this chapter or its application to any person or circumstance is held
589invalid, the remainder of the chapter or the application of the provision to other persons or
590circumstances is not affected.