Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S556 Compare Versions

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1326 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 556
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cynthia Stone Creem
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a lithium-ion battery stewardship program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and MiddlesexMichael D. BradySecond Plymouth and Norfolk1/30/2025Dylan A. FernandesPlymouth and Barnstable1/31/2025 1 of 29
16	16	SENATE DOCKET, NO. 1326 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 556
18	18	By Ms. Creem, a petition (accompanied by bill, Senate, No. 556) of Cynthia Stone Creem,
19	19	Michael D. Brady and Dylan A. Fernandes for legislation to establish a lithium-ion battery
20	20	stewardship program. Environment and Natural Resources.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a lithium-ion battery stewardship program.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 The General Laws are hereby amended by inserting after chapter 21O the following
30	30	2chapter:-
31	31	3 CHAPTER 21P.
32	32	4 LITHIUM-ION BATTERY STEWARDSHIP PROGRAM.
33	33	5 Section 1. Definitions. As used in this chapter, the following words shall have the
34	34	6following meanings unless the context clearly requires otherwise:
35	35	7 "Department", the Massachusetts department of environmental protection.
36	36	8 "Battery-containing product", a product sold, offered for sale, or distributed in or into this
37	37	9commonwealth that contains or is packaged with rechargeable or primary batteries that are
38	38	10covered batteries. 2 of 29
39	39	11 "Battery stewardship organization", a nonprofit organization designated by a producer or
40	40	12group of producers to implement a battery stewardship plan required under this chapter.
41	41	13 "Battery Stewardship Program", a program implemented by a battery stewardship
42	42	14organization consistent with an approved battery stewardship plan.
43	43	15 "Collection rate", a percentage, by weight, that a battery stewardship organization
44	44	16collects that is calculated by dividing the total weight of primary and rechargeable batteries
45	45	17collected by the battery stewardship organization during the previous calendar year by the
46	46	18average annual weight of primary and rechargeable batteries that were estimated by the battery
47	47	19stewardship organization to have been sold in the commonwealth during the previous 3 calendar
48	48	20years by all producers participating in an approved battery stewardship plan.
49	49	21 "Covered battery", a portable battery or a medium-format battery that is either intact,
50	50	22new, used, damaged or defective. "Covered battery" does not include: (1) a battery contained
51	51	23within a medical device, as specified in 21 U.S.C. 321(h) as it existed as of the effective date of
52	52	24this Act, that is not designed and marketed for sale or resale principally to consumers for
53	53	25personal use; (2) a battery that contains an electrolyte as a free liquid; (3) a lead-acid battery
54	54	26weighing greater than 11 pounds; (4) a battery in a battery-containing product that is not
55	55	27intended or designed to be easily removable from the battery-containing product; and (5) a
56	56	28battery that is a component of a motor vehicle or intended for use exclusively in motor vehicles;
57	57	29and (6) a battery or battery-containing product that is being recalled for safety reasons; (7) large-
58	58	30format batteries.
59	59	31 "Easily removable", designed by the manufacturer to be removable by the user of the
60	60	32product with no more than commonly used household tools. 3 of 29
61	61	33 “Large-format battery” are primary or rechargeable batteries that have a rating of more
62	62	34than 2,000 watt-hours and are more than 25 pounds.
63	63	35 "Medium-format battery", the following primary or rechargeable covered batteries: (1)
64	64	36for rechargeable batteries, a battery weighing more than 11 pounds or having a rating of more
65	65	37than 300 watt-hours, or both, and no more than 25 pounds and having a rating of no more than
66	66	382,000 watt-hours; (2) for primary batteries, a battery weighing at least 4.4 pounds but not more
67	67	39than 25 pounds.
68	68	40 "Motor vehicle" includes automobiles, vans, trucks, tractors, motorcycles, as defined in
69	69	41section 1 of chapter 90 and motorboats as defined in section 1 of chapter 90B.
70	70	42 "Portable battery", the following primary or rechargeable covered batteries: (1) for
71	71	43rechargeable batteries, a battery weighing no more than 11 pounds and having a rating of no
72	72	44more than 300 watt-hours; (2) for primary batteries, a battery weighing no more than 4.4 pounds.
73	73	45 "Primary battery", a battery that is not capable of being recharged.
74	74	46 "Producer", the following:
75	75	47 (1) For covered batteries sold, offered for sale, or distributed in or into this
76	76	48commonwealth:
77	77	49 (A) If the battery is sold, offered for sale, or distributed in or into this commonwealth
78	78	50under the brand of the battery manufacturer, the producer is the person that manufactures the
79	79	51battery. 4 of 29
80	80	52 (B) If the battery is sold, offered for sale, or distributed in or into this commonwealth
81	81	53under a retail brand or under a brand owned by a person other than the manufacturer, the
82	82	54producer is the brand owner.
83	83	55 (C) If there is no person to whom subparagraph (A) or (B) of this paragraph (1) applies,
84	84	56the producer is the person that is the licensee of a brand or trademark under which the battery is
85	85	57sold, offered for sale, or distributed in or into this commonwealth, whether or not the trademark
86	86	58is registered in this commonwealth.
87	87	59 (D) If there is no person in the United States to whom subparagraph (A), (B), or (C) of
88	88	60this paragraph (1) applies, the producer is the person who is the importer of record for the battery
89	89	61into the United States.
90	90	62 (E) If there is no person with a commercial presence within the commonwealth to whom
91	91	63subparagraph (A), (B), (C), or (D) of this paragraph (1) applies, the producer is the person who
92	92	64first sells, offers for sale, or distributes the battery in or into this commonwealth.
93	93	65 (2) For covered battery-containing products containing one or more covered batteries
94	94	66sold, offered for sale, or distributed in or into this commonwealth:
95	95	67 (A) If the battery-containing product is sold, offered for sale, or distributed in or into this
96	96	68commonwealth under the brand of the product manufacturer, the producer is the person that
97	97	69manufactures the product.
98	98	70 (B) If the battery-containing product is sold, offered for sale, or distributed in or into this
99	99	71commonwealth under a retail brand or under a brand owned by a person other than the
100	100	72manufacturer, the producer is the brand owner. 5 of 29
101	101	73 (C) If there is no person to whom subparagraph (A) or (B) of this paragraph (2) applies,
102	102	74the producer is the person that is the licensee of a brand or trademark under which the product is
103	103	75sold, offered for sale, or distributed in or into this commonwealth, whether or not the trademark
104	104	76is registered in this commonwealth.
105	105	77 (D) If there is no person described in subparagraph (A), (B), or (C) of this paragraph (2)
106	106	78within the United States, the producer is the person who is the importer of record for the product
107	107	79into the United States.
108	108	80 (E) If there is no person described in subparagraph (A), (B), (C), or (D) of this paragraph
109	109	81(2) with a commercial presence within the commonwealth, the producer is the person who first
110	110	82sells, offers for sale, or distributes the product in or into this commonwealth.
111	111	83 (F) A producer does not include any person who only manufactures, sells, offers for sale,
112	112	84distributes, or imports into the commonwealth a battery-containing product if the only batteries
113	113	85contained in or supplied with the battery-containing product are supplied by a producer that has
114	114	86joined a registered battery stewardship organization as the producer for that covered battery
115	115	87under this chapter. Such a producer of covered batteries that are included in a battery-containing
116	116	88product must provide written certification of that membership to both the producer of the battery-
117	117	89containing product containing one or more covered batteries and the battery stewardship
118	118	90organization of which the battery producer is a member.
119	119	91 (3) A person is the producer of a covered battery or battery-containing product containing
120	120	92one or more covered batteries sold, offered for sale, or distributed in or into this commonwealth,
121	121	93as defined in this section, except if another party has contractually accepted responsibility as a
122	122	94responsible producer and has joined a registered battery stewardship organization as the producer 6 of 29
123	123	95for that covered battery or battery-containing product containing one or more covered batteries
124	124	96under this chapter.
125	125	97 "Rechargeable battery" means a battery that contains one or more voltaic or galvanic
126	126	98cells, electrically connected to produce electric energy, designed to be recharged. "Recycling",
127	127	99recycling, reclamation, or reuse as defined in 310 CMR 19.000. For purposes of this chapter,
128	128	100"recycling" does not include: (1) combustion; (2) incineration; (3) energy generation; (4) fuel
129	129	101production; or (5) beneficial reuse in the construction and operation of a solid waste landfill,
130	130	102including use of alternative daily cover.
131	131	103 "Recycling efficiency rate", the ratio of the weight of components and materials recycled
132	132	104by a program operator from covered batteries to the weight of covered batteries as collected by
133	133	105the program operator.
134	134	106 "Retailer", a person who sells covered batteries or battery-containing products containing
135	135	107one or more covered batteries in or into this commonwealth or offers or otherwise makes
136	136	108available covered batteries or battery- containing products containing one or more covered
137	137	109batteries to a customer, including other businesses, in this commonwealth.
138	138	110 Section 2. Requirement that producers implement a stewardship plan.
139	139	111 (a) Beginning January 1, 2028, a producer selling, making available for sale, or
140	140	112distributing covered batteries or battery-containing products containing one or more covered
141	141	113batteries in or into the commonwealth shall participate in an approved Massachusetts battery
142	142	114stewardship plan through participation in and funding of a battery stewardship organization. 7 of 29
143	143	115 (b) Beginning January 1, 2028, no person shall sell covered batteries or battery-
144	144	116containing products covered by this chapter in or into the commonwealth who does not
145	145	117participate in a battery stewardship organization and battery stewardship plan.
146	146	118 Section 3. Role of retailers.
147	147	119 (a) Beginning July 1, 2028, a retailer may not sell, offer for sale, distribute, or otherwise
148	148	120make available for sale a covered battery or battery-containing product containing one or more
149	149	121covered batteries unless the producer of the covered battery or battery-containing product is
150	150	122identified as a participant in a battery stewardship organization whose plan has been approved by
151	151	123the department.
152	152	124 (b) A retailer is not in violation of the requirements of subsection (a) of this section if the
153	153	125website made available by the department under section 10 lists, as of the date a product is made
154	154	126available for retail sale, the producer or brand of covered battery or battery-containing product
155	155	127containing one or more covered batteries sold by the retailer as a participant in an approved plan
156	156	128or the implementer of an approved plan.
157	157	129 (c) Retailers of covered batteries or battery-containing products containing one or more
158	158	130covered batteries are not required to make retail locations available to serve as collection sites for
159	159	131a stewardship program operated by a battery stewardship organization. Retailers that serve as a
160	160	132collection site must comply with the requirements for collection sites, consistent with section 7.
161	161	133 (d) A retailer may not sell, offer for sale, distribute, or otherwise make available for sale
162	162	134covered batteries, unless those batteries are marked consistently with the requirements of section
163	163	13512. A producer of a product containing a covered battery must certify to the retailers of its 8 of 29
164	164	136product that the battery contained in the battery-containing product is marked consistently with
165	165	137the requirements of section 12.
166	166	138 (e) A retailer selling or offering covered batteries or battery-containing products
167	167	139containing one or more covered batteries for sale in the commonwealth shall provide
168	168	140information, provided to the retailer by the battery stewardship organization, regarding available
169	169	141end-of-life management options for covered batteries collected by the battery stewardship
170	170	142organization. The information that a battery stewardship organization must make available to
171	171	143retailers for use by retailers must include, but is not limited to, in-store signage, written
172	172	144materials, and other promotional materials that retailers shall use to inform consumers of the
173	173	145available end-of-life management options for covered batteries collected by the battery
174	174	146stewardship organization.
175	175	147 (f) Retailers,producers, or battery stewardship organizations shall not charge a
176	176	148specific point-of-sale fee to consumers to cover the administrative or operational costs of the
177	177	149battery stewardship organization or the battery stewardship program.
178	178	150 Section 4. Stewardship plan components.
179	179	151 (a) By December 31, 2027, each battery stewardship organization must submit to the
180	180	152department for approval a plan for covered batteries. There may be more than one battery
181	181	153stewardship organization provided that the department reviews each plan to ensure coordination,
182	182	154transparency and unified messaging. The department shall review and approve a plan based on
183	183	155whether it:
184	184	156 (1) lists and provides contact information for each producer, battery brand, and battery-
185	185	157containing product brand covered in the plan, including identifying producers who have 9 of 29
186	186	158contractually accepted responsibility as a producer in accordance with paragraph (3) of the
187	187	159definition of producer in this chapter;
188	188	160 (2) proposes performance goals, consistent with section 5, including establishing
189	189	161performance goals for each of the next 3 upcoming calendar years of program implementation;
190	190	162 (3) describes how the battery stewardship organization will make retailers aware of their
191	191	163obligation to sell only covered batteries and battery-containing products containing one or more
192	192	164covered batteries of producers participating in an approved plan;
193	193	165 (4) describes the education and communications strategy being implemented to promote
194	194	166participation in the approved covered battery stewardship program and provide the information
195	195	167necessary for effective participation of consumers, retailers, and others;
196	196	168 (5) describes how the battery stewardship organization will make available to voluntary
197	197	169collection sites signage, written materials, and other promotional materials that collection sites
198	198	170shall use to inform consumers of the available end-of-life management options for covered
199	199	171batteries collected by the battery stewardship organization;
200	200	172 (6) lists promotional activities to be undertaken, and the identification of consumer
201	201	173awareness goals and strategies that the program will employ to achieve these goals after the
202	202	174program begins to be implemented;
203	203	175 (7) includes collection site safety training procedures related to covered battery collection
204	204	176activities at collection sites, including a description of operating protocols to reduce risks of
205	205	177spills or fires, response protocols in the event of a spill or fire, and protocols for safe
206	206	178management of damaged batteries that are returned to collection sites; 10 of 29
207	207	179 (8) describes the method to establish and administer a means for fully funding the
208	208	180program in a manner that equitably distributes the program's costs among the producers that are
209	209	181part of the battery stewardship organization. For producers that choose to meet the requirements
210	210	182of this chapter individually, without joining a battery stewardship organization, the plan must
211	211	183describe the proposed method to establish and administer a means for fully funding the program;
212	212	184 (9) describes the financing methods used to implement the plan, consistent with section 6;
213	213	185 (10) describes how the program will collect all covered battery chemistries and brands on
214	214	186a free, continuous, convenient, visible, and accessible basis, and consistent with the requirements
215	215	187of section 7, including a description of how the statewide convenience standard will be met and a
216	216	188list of collection sites supported by the battery stewardship program, including the address of
217	217	189collection sites supported by the battery stewardship program;
218	218	190 (l1) describes the criteria to be used in the program to determine whether an entity may
219	219	191serve as a collection site for covered batteries under the program;
220	220	192 (12) establishes collection rate goals for each of the first 3 years of implementation of the
221	221	193battery stewardship plan that are based on the estimated total weight of primary and rechargeable
222	222	194covered batteries that have been sold in the commonwealth in the previous 3 calendar years by
223	223	195the producers participating in the battery stewardship plan;
224	224	196 (13) identifies proposed service providers, such as sorters, transporters, and processors, to
225	225	197be used by the program for the final disposition of batteries and proposed provisions for
226	226	198recordkeeping, tracking, and documenting the fate of collected covered batteries; 11 of 29
227	227	199 (14) details how the program will achieve a recycling efficiency rate, calculated in
228	228	200accordance with section 9, of at least 60 percent for rechargeable batteries and at least 70 percent
229	229	201for primary batteries, which shall be reviewed and adjusted every five years by the department;
230	230	202and
231	231	203 (15) proposes goals for increasing public awareness of the program and describes how
232	232	204the public education and outreach components of the program under section 8 will be
233	233	205implemented.
234	234	206 (b) A battery stewardship organization must submit a new plan to the department for
235	235	207approval no less than every 5 years. If the performance goals under section 5 of this chapter and
236	236	208as approved in the plan have not been met, the new plan shall include corrective measures to be
237	237	209implemented by the battery stewardship organization to meet the performance goals, which may
238	238	210include improvements to the collection site network or increased expenditures dedicated to
239	239	211education and outreach.
240	240	212 (c) A battery stewardship organization must provide plan amendments to the department
241	241	213for approval when proposing changes to the performance goals under section 5 based on the up-
242	242	214to-date experience of the program or when there is a change to the method of financing plan
243	243	215implementation under section
244	244	216 (d) The department shall review stewardship plans and stewardship plan amendments for
245	245	217compliance with this chapter and shall approve, disapprove, or conditionally approve the plans or
246	246	218plan amendments in writing within 120 days of their receipt. If the department disapproves a
247	247	219stewardship plan or plan amendment submitted by a battery stewardship organization, the
248	248	220department shall explain how the stewardship plan or plan amendment does not comply with this 12 of 29
249	249	221chapter. The battery stewardship organization shall resubmit to the department a revised
250	250	222stewardship plan or plan amendment or notice of plan withdrawal within 60 days of the date the
251	251	223written notice of disapproval is issued, and the department shall review the revised stewardship
252	252	224plan or plan amendment within 30 days of resubmittal. If a revised stewardship plan is
253	253	225disapproved by the department, a producer operating under the stewardship plan shall not be in
254	254	226compliance with this chapter until the department approves a stewardship plan submitted by a
255	255	227battery stewardship organization that covers the producer's products.
256	256	228 (e) When a stewardship plan or an amendment to an approved plan is submitted under
257	257	229this section, the department shall make the proposed plan or amendment available for public
258	258	230review and comment for at least 30 days.
259	259	231 (f) A battery stewardship organization must provide written notification to the department
260	260	232within 30 days of a producer beginning or ceasing to participate in a battery stewardship
261	261	233organization or of adding or removing a processor or transporter.
262	262	234 Section 5. Performance goals.
263	263	235 (a) Each battery stewardship plan must include performance goals that measure, on an
264	264	236annual basis, the achievements of the program, including but not limited to: (1) the collection
265	265	237rate for batteries in Massachusetts; (2) the recycling efficiency rate of the program; and (3)
266	266	238public awareness of the program.
267	267	239 (b) The performance goals established in each battery stewardship plan must include, but
268	268	240are not limited to: (1) target collection rates for primary batteries and for rechargeable batteries;
269	269	241(2) target recycling efficiency rates of at least 60% for rechargeable batteries and at least 70% for 13 of 29
270	270	242primary batteries; and (3) goals for public awareness, convenience, and accessibility that meet or
271	271	243exceed the minimum requirements established in section 7.
272	272	244 Section 6. Funding.
273	273	245 (a) A battery stewardship organization implementing a battery stewardship plan on behalf
274	274	246of producers must develop and administer a system to collect charges from participating
275	275	247producers to cover the costs of plan implementation, including: (1) battery collection,
276	276	248transporting, and processing; (2) education and outreach; (3) program evaluation; and (4)
277	277	249payment of the administrative fees to the department under section 10.
278	278	250 (b) Each battery stewardship organization is responsible for all costs of participating
279	279	251covered battery collection, transportation, processing, education, administration, department
280	280	252oversight, recycling, and end-of-life management in accordance with the requirements of this
281	281	253chapter.
282	282	254 (c) Each battery stewardship organization must meet the collection goals established in
283	283	255the approved stewardship plan as specified in section 4.
284	284	256 (d) A battery stewardship organization shall not reduce or cease collection, education and
285	285	257outreach, or other activities implemented under an approved plan based on achievement of
286	286	258program performance goals.
287	287	259 (e) A battery stewardship organization must reimburse local governments for
288	288	260demonstrable costs incurred as a result of a local government facility or solid waste handling
289	289	261facility serving as a collection site for a program including, but not limited to, associated labor
290	290	262costs and other costs associated with accessibility and collection site standards such as storage. 14 of 29
291	291	263 (f) A battery stewardship organization shall at a minimum provide collection sites with
292	292	264appropriate containers for covered batteries subject to its program, training, signage, safety
293	293	265guidance, and educational materials, at no cost to the collection sites.
294	294	266 Section 7. Collection and management requirements.
295	295	267 (a) Battery stewardship organizations implementing a battery stewardship plan must
296	296	268provide for the collection of all covered batteries, including all chemistries and brands of covered
297	297	269batteries, on a free, continuous, convenient, visible, and accessible basis to any person, business,
298	298	270governmental agency, institutions or nonprofit organization. Except as provided in paragraphs
299	299	271(2) and (3) of subsection (b) of this section, each battery stewardship plan must arrange for the
300	300	272collection of each chemistry and brand of covered battery from any person, business,
301	301	273governmental agency, or nonprofit organization at each collection site that counts toward
302	302	274satisfaction of the collection site criteria in subsection (c) of this section.
303	303	275 (b)(1) For each collection site used by the program, each battery stewardship organization
304	304	276must provide suitable collection containers for covered batteries that are segregated from other
305	305	277solid waste or make mutually agreeable alternative arrangements for the collection of batteries at
306	306	278the site. The location of collection containers at each collection site used by the program must be
307	307	279within view of a responsible person and must be accompanied by signage that is made available
308	308	280to the collection site by the battery stewardship organization and informs consumers regarding
309	309	281the end-of-life management options for batteries provided by the collection site under this
310	310	282chapter. Each collection site must meet applicable federal, state, and local regulatory
311	311	283requirements. 15 of 29
312	312	284 (2) Medium-format batteries may be collected only at household hazardous waste
313	313	285collection sites or other staffed collection sites that meet applicable federal, state, and local
314	314	286regulatory requirements to manage medium-format batteries.
315	315	287 (3) Damaged and defective batteries are intended to be collected at collection sites staffed
316	316	288by persons trained to handle and ship those batteries. Each battery stewardship organization must
317	317	289provide for the collection, with qualified staff, of damaged and defective batteries at each
318	318	290permanent household hazardous waste facility. As used in this subsection, "damaged and
319	319	291defective batteries" shall mean batteries that have been damaged or identified by the
320	320	292manufacturer as being defective for safety reasons and that have the potential of producing a
321	321	293dangerous evolution of heat, fire, or short circuit.
322	322	294 (c)(1) Each battery stewardship organization implementing a battery stewardship plan
323	323	295shall ensure statewide collection opportunities for all covered batteries. Battery stewardship
324	324	296organizations shall coordinate activities with other program operators, including covered battery
325	325	297collection and recycling programs and electronic waste recyclers, with regard to the proper
326	326	298management or recycling of collected covered batteries, for purposes of providing the efficient
327	327	299delivery of services and avoiding unnecessary duplication of effort and expense. Statewide
328	328	300collection opportunities must be determined by geographic information modeling that considers
329	329	301permanent collection sites. A program may rely, in part, on collection events to supplement the
330	330	302permanent collection services required in paragraphs (2) and (3) of this subsection. However,
331	331	303only permanent collection services specified in paragraphs (2) and (3) of this subsection qualify
332	332	304toward the satisfaction of the requirements of this subsection. 16 of 29
333	333	305 (2) For portable batteries, each battery stewardship organization must provide statewide
334	334	306collection opportunities that include: (A) at least one permanent collection site for portable
335	335	307batteries within a 15-mile radius for at least 95% of commonwealth residents; and (B) at least
336	336	308one permanent collection site, collection service, or collection event for portable batteries in
337	337	309addition to those required in subparagraph (A) for every 30,000 residents of a county.
338	338	310 (3) For medium-format batteries, a battery stewardship organization must provide
339	339	311statewide collection opportunities that include: (A) at least one permanent collection site in each
340	340	312of the department’s regions and central office area; (B) a permanent collection site in each
341	341	313county (C) service to areas without a permanent collection site. A battery stewardship
342	342	314organization must ensure that there is a collection event at least once each calendar year in each
343	343	315county of the commonwealth which does not have a permanent collection site. Such collection
344	344	316events must provide for the collection of all medium-format batteries, including damaged and
345	345	317defective batteries. (D) A battery stewardship organization shall ensure the minimum number of
346	346	318collection sites specified in subsection (c) of this section are established by no later than
347	347	319December 31, 2028.
348	348	320 (d)(1) Battery stewardship programs must use existing public and private waste collection
349	349	321services and facilities, including battery collection sites that are established through other battery
350	350	322collection services, transporters, consolidators, processors, and retailers, if cost-effective,
351	351	323mutually agreeable, and otherwise practicable.
352	352	324 (2) Battery stewardship programs must use as a collection site for covered batteries any
353	353	325retailer, wholesaler, municipality, solid waste management facility, household hazardous waste
354	354	326facility, or other entity that meets the criteria for collection sites in the approved plan up to the 17 of 29
355	355	327minimum number of sites required for compliance with subsection (c) of this section, upon the
356	356	328submission of a request by the entity to the battery stewardship organization to serve as a
357	357	329collection site. Battery stewardship programs may use additional collection sites in excess of the
358	358	330minimum required in subsection (c) of this section as may be agreed between the battery
359	359	331stewardship organization and the collection site.
360	360	332 (3) Battery stewardship programs must use as a site for a collection event for covered
361	361	333batteries any retailer, wholesaler, municipality, solid waste management facility, household
362	362	334hazardous waste facility, or other entity that meets the criteria for collection events in the
363	363	335approved plan up to the minimum number of sites required for compliance with subsection (c) of
364	364	336this section, upon the submission of a request by the entity to the battery stewardship
365	365	337organization to serve as a site for a collection event. Battery stewardship programs may use
366	366	338additional sites for collection events in excess of the minimum required in subsection (c) of this
367	367	339section as may be agreed between the battery stewardship organization and the collection site.
368	368	340 (4) A battery stewardship organization may issue a warning, suspend, or terminate a
369	369	341collection site or service that does not adhere to the collection site criteria in the approved plan or
370	370	342that poses an immediate health and safety concern.
371	371	343 (e)(1) Stewardship programs are not required to provide for the collection of battery-
372	372	344containing products.
373	373	345 (2) Stewardship programs are not required to provide for the collection of batteries that:
374	374	346(i) are not easily removable from the product other than by the manufacturer; and (ii) remain
375	375	347contained in a battery-containing product at the time of delivery to a collection site.
376	376	348 (3) Stewardship programs are required to provide for the collection of loose batteries. 18 of 29
377	377	349 Section 8. Education and outreach requirements.
378	378	350 (a) Each battery stewardship organization must carry out promotional activities in support
379	379	351of plan implementation including, but not limited to: (1) the development and maintenance of a
380	380	352website; (2) the development and distribution of press releases and articles annually; (3) the
381	381	353development and placement of advertisements for use on social media or other relevant media
382	382	354platforms; (4) the development of promotional materials about the program and the restriction on
383	383	355the disposal of covered batteries in section 13 to be used by persons, including, but not limited
384	384	356to, retailers, government agencies, waste and recycling collectors, and nonprofit organizations;
385	385	357(5) the development and distribution of collection site safety training procedures that are in
386	386	358compliance with commonwealth law to collection sites to help ensure proper management of
387	387	359covered batteries at collection sites; and (6) the development and implementation of outreach and
388	388	360educational resources that are conceptually, linguistically, and culturally accurate for the
389	389	361communities served and reach the commonwealth's diverse ethnic populations, including through
390	390	362meaningful consultation with communities that bear disproportionately higher levels of adverse
391	391	363environmental and social justice impacts.
392	392	364 (b) Each battery stewardship organization must provide: (1) consumer-focused
393	393	365educational promotional materials to each collection site used by the program and accessible by
394	394	366consumers of retailers that sell covered batteries or battery-containing products containing one or
395	395	367more covered batteries; and (2) safety information related to covered battery collection activities
396	396	368to the operator of each collection site, including appropriate protocols to reduce risks of spills or
397	397	369fires, response protocols in the event of a spill or fire, and response protocols in the event of
398	398	370detection of a damaged or defective battery. 19 of 29
399	399	371 (c)(1) Each battery stewardship organization must provide educational materials to the
400	400	372operator of each collection site for the management of recalled batteries, which are not intended
401	401	373to be a part of collection as provided under this Act, to help facilitate transportation and
402	402	374processing of Recalled batteries. (2) A battery stewardship organization may seek reimbursement
403	403	375from the producer of the recalled battery for expenses incurred in the collection, transportation,
404	404	376or processing of those batteries.
405	405	377 (d) Upon request by a retailer or other potential collector, the battery stewardship
406	406	378organization must provide the retailer or other potential collector educational materials
407	407	379describing collection opportunities for batteries.
408	408	380 (e) If multiple battery stewardship organizations are implementing plans approved by the
409	409	381department, the battery stewardship organizations must coordinate in carrying out their education
410	410	382and outreach responsibilities under this section and must include in their annual reports to the
411	411	383department under section 9 a summary of their coordinated education and outreach efforts.
412	412	384 (f) During the first year of program implementation and every 5 years thereafter, each
413	413	385battery stewardship organization must carry out a survey of public awareness regarding the
414	414	386requirements of the program established under this Act, including the provisions of section 13.
415	415	387Each battery stewardship organization must share the results of the public awareness surveys
416	416	388with the department.
417	417	389 Section 9. Reporting requirements.
418	418	390 (a) By June 1, 2028, and each June 1st thereafter, each battery stewardship organization
419	419	391must submit an annual report to the department covering the preceding calendar year of battery
420	420	392stewardship plan implementation. The report must include the following: 20 of 29
421	421	393 (1) The report must include an independent financial assessment of a program
422	422	394implemented by the battery stewardship organization, including a breakdown of the program's
423	423	395expenses, such as collection expenses, recycling expenses, education expenses, and overhead
424	424	396expenses.
425	425	397 (2) The report must include a summary financial statement documenting the financing of
426	426	398battery stewardship organization's program and an analysis of program costs and expenditures,
427	427	399including an analysis of the program's expenses, such as collection, transportation, recycling,
428	428	400education, and administrative overhead. The summary financial statement must be sufficiently
429	429	401detailed to provide transparency that funds collected from producers as a result of their activities
430	430	402in Massachusetts are spent on program implementation in Massachusetts. Battery stewardship
431	431	403organizations implementing similar battery stewardship programs in multiple states may submit
432	432	404a financial statement including all covered states, as long as the statement breaks out financial
433	433	405information pertinent to Massachusetts.
434	434	406 (3) The report must include the weight, by chemistry, of covered batteries collected under
435	435	407the program.
436	436	408 (4) The report must include the weight of materials recycled from covered batteries
437	437	409collected under the program, in total, and by method of battery recycling.
438	438	410 (5) The report must include a calculation of the recycling efficiency rates, as measured
439	439	411consistent with subsection (b) of this section.
440	440	412 (6) The report must include a list of all facilities used in the processing or disposition of
441	441	413batteries, including identification of the facilities' location and whether the facility is located
442	442	414domestically, in an organization for economic cooperation and development country, or in a 21 of 29
443	443	415country that meets organization for economic cooperation and development operating standards,
444	444	416and for domestic facilities provide a summary of any violations of environmental laws and
445	445	417regulations over the previous 3 years at each facility.
446	446	418 (7) The report must include, for each facility used for the final disposition of batteries, a
447	447	419description of how the facility recycled or otherwise managed batteries and battery components.
448	448	420 (8) The report must include the weight and chemistry of batteries sent to each facility
449	449	421used for the final disposition of batteries. The information in this subdivision (a)(8) may be
450	450	422approximated for program operations in Massachusetts based on extrapolations of national or
451	451	423regional data for programs in operation in multiple states.
452	452	424 (9) The report must include the collection rate achieved under the program, including a
453	453	425description of how this collection rate was calculated and how it compares to the collection rate
454	454	426goals under section 5.
455	455	427 (10) The report must include the estimated aggregate sales, by weight and chemistry, of
456	456	428batteries and batteries contained in or with battery-containing products sold in Massachusetts by
457	457	429participating producers for each of the previous 3 calendar years.
458	458	430 (11) The report must include a description of the manner in which the collected batteries
459	459	431were managed and recycled, including a discussion of best available technologies and the
460	460	432recycling efficiency rate.
461	461	433 (12) The report must include a description of education and outreach efforts supporting
462	462	434plan implementation including, but not limited to, a summary of education and outreach
463	463	435provided to consumers, collection sites, manufacturers, distributors, and retailers by the program 22 of 29
464	464	436operator for the purpose of promoting the collection and recycling of covered batteries, a
465	465	437description of how that education and outreach met the requirements of section 8, samples of
466	466	438education and outreach materials, a summary of coordinated education and outreach efforts with
467	467	439any other battery stewardship organizations implementing a plan approved by the department,
468	468	440and a summary of any changes made during the previous calendar year to education and outreach
469	469	441activities.
470	470	442 (13) The report must include a list of all collection sites and a current address for each
471	471	443listed site, and an up-to-date map indicating the location of all collection sites used to implement
472	472	444the program, with links to appropriate websites where there are existing websites associated with
473	473	445a site.
474	474	446 (14) The report must include a description of methods used to collect, transport, and
475	475	447recycle covered batteries by the battery stewardship organization.
476	476	448 (15) The report must include a summary of progress made toward the program
477	477	449performance goals established under section 5, and an explanation of why performance goals
478	478	450were not met, if applicable.
479	479	451 (16) The report must include an evaluation of the effectiveness of education and outreach
480	480	452activities.
481	481	453 (b) The weight of batteries or recovered resources from those batteries must only be
482	482	454counted once may not be counted by more than one battery stewardship organization.
483	483	455 (c) If a battery stewardship organization has disposed of covered batteries through energy
484	484	456recovery, incineration, or landfilling during the preceding calendar year of program 23 of 29
485	485	457implementation, the annual report must specify the steps that the battery stewardship
486	486	458organization will take to make the recycling of covered batteries cost-effective, where possible,
487	487	459or to otherwise increase battery recycling rates achieved by the battery stewardship organization.
488	488	460(d) Proprietary information submitted to the department under this chapter is exempted from
489	489	461disclosure as provided under provision (g) of clause 26 of section 7 of chapter 4.
490	490	462 Section 10. Fee and department role.
491	491	463 (a) By July 1, 2028, each battery stewardship organization shall provide $100,000 to the
492	492	464department as a one-time payment. By July 1 of each year thereafter, each battery stewardship
493	493	465organization shall pay to the department an annual fee which shall cover the department's full
494	494	466costs of implementing, administering, and enforcing this chapter. The annual fee shall be
495	495	467deposited into an account identified by the department to be used for costs associated with the
496	496	468administration of this chapter.
497	497	469 (b) The responsibilities of the department in implementing, administering, and enforcing
498	498	470this chapter include: (1) reviewing submitted stewardship plans and plan amendments and
499	499	471making determinations as to whether to approve the plan or plan amendment; (2) reviewing
500	500	472annual reports submitted under section 9 within 90 days after submission to ensure compliance
501	501	473with that section; (3) maintaining a website that lists producers and their brands that are
502	502	474participating in an approved plan, and that makes available to the public each plan, plan
503	503	475amendment, and annual report received by the department under this Act; and (4) providing
504	504	476technical assistance to producers and retailers related to the requirements of this chapter.
505	505	477 Section 11. Penalties and civil actions. 24 of 29
506	506	478 (a) Any person who violates any provision of this chapter is liable for a civil penalty per
507	507	479violation that is consistent with department enforcement policies, except that the failure to pay a
508	508	480fee under this chapter shall cause the person who fails to pay the fee to be liable for a civil
509	509	481penalty that is double the applicable fee.
510	510	482 (b) The penalties provided for in this section may be recovered in a civil action by the
511	511	483attorney general. Any penalties collected under this section in an action in which the attorney
512	512	484general has prevailed shall be deposited into with existing practice.
513	513	485 (c) The attorney general may institute a civil action for an injunction, prohibitory or
514	514	486mandatory, to restrain violations of this chapter or to require such actions as may be necessary to
515	515	487address violations of this chapter.
516	516	488 (d) The penalties and injunctions provided in this chapter are in addition to any penalties,
517	517	489injunctions, or other relief provided under any other law. Nothing in this chapter bars a cause of
518	518	490action by the commonwealth for any other penalty, injunction, or other relief provided by any
519	519	491other law.
520	520	492 (e) Any person who knowingly makes a false, fictitious, or fraudulent material statement,
521	521	493orally or in writing, to the department, related to or required by this chapter or any rule adopted
522	522	494under this chapter commits a Class D felony, and each such statement or writing shall be
523	523	495considered a separate Class D felony. A person who, after being convicted under this subsection,
524	524	496violates this subsection a second subsequent time commits a Class C felony.
525	525	497 (f) No penalty may be assessed under this chapter on an individual or resident for the
526	526	498improper disposal of covered batteries as described in section 13 in a noncommercial or
527	527	499residential setting. 25 of 29
528	528	500 Section 12. Marking requirements for batteries.
529	529	501 (a) A producer or retailer may sell, offer for sale, or distribute in or into Massachusetts a
530	530	502covered battery or battery-containing product containing one or more covered batteries only if
531	531	503the battery is: (1) beginning January 1, 2028, marked with an identification of the producer of the
532	532	504battery, unless the battery is less than one-half inch in diameter or does not contain a surface
533	533	505whose length exceeds one-half inch; and (2) beginning January 1, 2029, marked with proper
534	534	506labeling to ensure proper collection and recycling, by identifying the chemistry of the battery and
535	535	507including an indication that the battery should not be disposed of as household waste.
536	536	508 (b) The department may adopt rules establishing marking requirements for batteries as
537	537	509needed to maintain consistency with the labeling requirements or voluntary standards for
538	538	510batteries established in federal law.
539	539	511 Section 13. General battery disposal and collection requirements.
540	540	512 (a) On and after January 1, 2028, all persons must manage unwanted covered batteries
541	541	513through one of the following options: (1) delivery to a collection site, event, or program
542	542	514established by or included in the programs created by this Act; or (2) for covered batteries that
543	543	515are hazardous waste as defined under federal or state hazardous or solid waste laws, management
544	544	516in a manner consistent with the requirements of those laws.
545	545	517 (b) On and after January 1, 2028: (1) A fee may not be charged at the time covered
546	546	518batteries are delivered or collected for management. 26 of 29
547	547	519 (2) All covered batteries may be collected, transported, and processed only in accordance
548	548	520with this Act, unless the batteries are regulated as hazardous waste as described in paragraph (2)
549	549	521of subsection (a) of this section.
550	550	522 (3) No person may knowingly cause or allow the mixing of a covered battery with
551	551	523recyclable materials that are intended for processing and sorting at a material recovery facility.
552	552	524 (4) No person may knowingly cause or allow the mixing of a covered battery with
553	553	525municipal waste that is intended for disposal at a sanitary landfill.
554	554	526 (5) No person may knowingly cause or allow the disposal of a covered battery in a
555	555	527sanitary landfill.
556	556	528 (6) No person may knowingly cause or allow the mixing of a covered battery with waste
557	557	529that is intended for burning or incineration.
558	558	530 (7) No person may knowingly cause or allow the burning or incineration of a covered
559	559	531battery.
560	560	532 (8) An owner or operator of a solid waste facility may not be found in violation of this
561	561	533section if the facility has posted in a conspicuous location a sign stating that covered batteries
562	562	534must be managed through collection sites established by a battery stewardship organization and
563	563	535are not accepted for disposal, unless the owner or operator of the facility knew it was in violation
564	564	536of this section and did not take reasonable steps to avoid the violation.
565	565	537 (9) A solid waste collector may not be found in violation of this section for a covered
566	566	538battery placed in a disposal container by a third party, unless the collector knew the covered 27 of 29
567	567	539battery was placed in the disposal container and did not take reasonable steps to avoid the
568	568	540violation.
569	569	541 Section 14. Assessment of battery-containing products and their batteries.
570	570	542 (a) By December 31, 2028, the battery stewardship organization must complete an
571	571	543assessment of the opportunities and challenges associated with the end-of-life management of
572	572	544portable and medium-format batteries that are not intended or designed to be easily removed by a
573	573	545customer and that are contained either in battery-containing products, including medical devices,
574	574	546and electric vehicle batteries, large format batteries including all lithium batteries, and new
575	575	547chemistries.
576	576	548 (b) A battery stewardship organization must review and may utilize existing assessments
577	577	549done in other states, including Illinois, Vermont and Washington, with the department and
578	578	550interested stakeholders in completing the assessment. The assessment must identify any
579	579	551adjustments to the stewardship program requirements established in this Act that would
580	580	552maximize public health, safety, and environmental benefits. Additionally, any assessment shall
581	581	553identify issues and concerns unique to Massachusetts.
582	582	554 (c) The assessment must consider: (1) the different categories and uses of battery-
583	583	555containing products; (2) the current methods by which unwanted battery-containing products are
584	584	556managed in Massachusetts and nearby states; (3) challenges posed by the potential collection,
585	585	557management, and transport of battery-containing products, including challenges associated with
586	586	558removing batteries that were not intended or designed to be easily removable from products,
587	587	559other than by the manufacturer; and (4) which criteria of this chapter may apply to battery- 28 of 29
588	588	560containing products in a manner that is identical or analogous to the requirements applicable to
589	589	561covered batteries.
590	590	562 (d) By April 1, 2031, the department must submit the assessment required in this section
591	591	563to the general court.
592	592	564 Section 15. Antitrust.
593	593	565 Producers or battery stewardship organizations acting on behalf of producers that prepare,
594	594	566submit, and implement a battery stewardship program plan under this chapter and who are
595	595	567thereby subject to regulation by the department are granted immunity from state laws relating to
596	596	568antitrust, restraint of trade, unfair trade practices, and other regulation of trade and commerce, for
597	597	569the limited purpose of planning, reporting, and operating a battery stewardship program,
598	598	570including: (1) the creation, implementation, or management of a battery stewardship organization
599	599	571and any battery stewardship plan regardless of whether it is submitted, denied, or approved; (2)
600	600	572the determination of the cost and structure of a battery stewardship plan; and (3) the types or
601	601	573quantities of batteries being recycled or otherwise managed under this chapter.
602	602	574 Section 16. Collection of batteries independent of a battery stewardship program.
603	603	575 Nothing in this chapter shall prevent or prohibit a person from offering or performing a
604	604	576fee-based, household collection, or a mail back program for end-of-life portable batteries or
605	605	577medium-format batteries independently of a battery stewardship program, provided that such
606	606	578person meets the following requirements: (1) such person's services must be performed, and such
607	607	579person's facilities must be operated in compliance with all applicable federal, state, and local
608	608	580laws and requirements, including, but not limited to, all applicable U.S. Department of
609	609	581Transportation regulations, and all applicable provisions of the Environmental Protection Act; 29 of 29
610	610	582(2) such person must make available all batteries collected by such person from its
611	611	583Massachusetts consumers to a battery stewardship organization; and (3) after consolidation of
612	612	584portable or medium-format batteries at the person's facilities, the transport to and processing of
613	613	585such batteries by the battery stewardship organization's designated sorters or processors shall be
614	614	586at the battery stewardship organization's expense.
615	615	587 Section 17. Severability.
616	616	588 If any provision of this chapter or its application to any person or circumstance is held
617	617	589invalid, the remainder of the chapter or the application of the provision to other persons or
618	618	590circumstances is not affected.