EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0686*
SENATE BILL 686
M3 5lr2428
By: Senator Augustine
Introduced and read first time: January 26, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Environment – Extended Producer Responsibility for Batteries and 2
Battery–Containing Products 3
(Battery Stewardship Act) 4
FOR the purpose of requiring certain producers of batteries and battery–containing 5
products to individually or as part of a battery stewardship organization submit a 6
certain battery stewardship plan to the Department of the Environment for review 7
and approval on or before a certain date and in accordance with certain 8
requirements; prohibiting, on or after a certain date, a producer of certain batteries 9
or battery–containing products from selling, offering for sale, distributing, or 10
importing certain batteries or battery–containing products unless the producer, 11
individually or as part of a battery stewardship organization, has an approved 12
battery stewardship plan on file with the Department; requiring a battery 13
stewardship organization to pay certain costs to the Department; requiring a battery 14
stewardship program to be implemented within a certain amount of time after the 15
Department approves a certain battery stewardship plan; establishing requirements 16
for battery stewardship programs; requiring the Department to establish the Battery 17
Stewardship Advisory Council to advise on the implementation of certain provisions 18
of this Act and assist with the development and review of battery stewardship plans; 19
repealing provisions of law requiring certain batteries sold by a marketer to an end 20
user in the State to be covered by one or more unit management programs; and 21
generally relating to producer responsibility for batteries and battery–containing 22
products. 23
BY renumbering 24
Article – Environment 25
Section 9–1733 and 9–1734 26
to be Section 9–1734 and 9–1735, respectively 27
Annotated Code of Maryland 28
(2014 Replacement Volume and 2024 Supplement) 29
2 SENATE BILL 686
BY repealing and reenacting, without amendments, 1
Article – Environment 2
Section 9–1701(a) and 9–1702(a) through (c) 3
Annotated Code of Maryland 4
(2014 Replacement Volume and 2024 Supplement) 5
BY repealing 6
Article – Environment 7
Section 9–1701(b–1), (i–1), (o–1) through (o–3), (r–2), and (r–3) 8
Annotated Code of Maryland 9
(2014 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Environment 12
Section 9–1701(i–2) and (r–4) and 9–1702(d) 13
Annotated Code of Maryland 14
(2014 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Environment 17
Section 9–1733; and 9–1738 through 9–1746 to be under the new part “Part VI. 18
Battery Stewardship Program” 19
Annotated Code of Maryland 20
(2014 Replacement Volume and 2024 Supplement) 21
BY repealing 22
Article – Environment 23
Section 6–1101 through 6–1114 and the subtitle “Subtitle 11. Rechargeable 24
Batteries” 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2024 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That Section(s) 9–1733 and 9–1734 of Article – Environment of the Annotated Code of 29
Maryland be renumbered to be Section(s) 9–1734 and 9–1735, respectively. 30
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 31
as follows: 32
Article – Environment 33
9–1701. 34
(a) In this subtitle the following words have the meanings indicated. 35
[(b–1) (1) “Architectural paint” means interior and exterior architectural coatings 36
sold in containers of 5 gallons or less. 37 SENATE BILL 686 3
(2) “Architectural paint” does not include industrial coatings, original 1
equipment coatings, or specialty coatings.] 2
[(i–1) “Distributor” means a company that has a contractual relationship with one 3
or more producers to market and sell architectural paint to retailers in the State.] 4
[(i–2)] (I–1) “Food residuals” means material derived from the processing or 5
discarding of food, including pre– and post–consumer vegetables, fruits, grains, dairy 6
products, and meats. 7
[(o–1) “Paint stewardship assessment” means the amount added to the purchase 8
price of architectural paint sold in the State that is necessary to cover the Paint 9
Stewardship Program’s cost of collecting, transporting, and processing postconsumer paint 10
statewide.] 11
[(o–2) “Postconsumer paint” means architectural paint not used and no longer 12
wanted by a purchaser.] 13
[(o–3) “Producer” means a manufacturer of architectural paint that sells, offers for 14
sale, or distributes the paint in the State under the producer’s own name or brand.] 15
[(r–2) “Representative organization” means a nonprofit organization created by 16
producers to implement a Paint Stewardship Program.] 17
[(r–3) “Retailer” means any person that offers architectural paint for sale at retail 18
in the State.] 19
[(r–4)] (R–2) “Sale” or “sell” means any transfer of title for consideration, 20
including remote sales conducted through sales outlets, catalogues, the Internet, or any 21
other similar electronic means. 22
9–1702. 23
(a) There is an Office of Recycling created within the Department. 24
(b) The Secretary shall appoint a Director and sufficient staff to perform the 25
functions of the Office. After July 1, 1989, the number of staff shall be as provided in the 26
budget. 27
(c) The Secretary may adopt regulations to carry out the provisions of this 28
subtitle. 29
(d) The Office shall: 30
4 SENATE BILL 686
(1) Assist the counties in developing an acceptable recycling plan required 1
under § 9–1703 of this subtitle and § 9–505 of this title, including technical assistance to 2
the local governments; 3
(2) Coordinate the efforts of the State to facilitate the implementation of 4
the recycling goals at the county level; 5
(3) Review all recycling plans submitted as part of a county plan as 6
required under § 9–505 of this title and advise the Secretary on the adequacy of the 7
recycling plan; 8
(4) Administer the Statewide Electronics Recycling Program under Part IV 9
of this subtitle; 10
(5) Promote the development of markets for recycled materials and 11
recycled products in the State in accordance with § 9–1702.1 of this subtitle; [and] 12
(6) Review and approve plans and annual reports, including the paint 13
stewardship assessment, submitted in accordance with a Paint Stewardship Program 14
established under Part V of this subtitle; AND 15
(7) REVIEW AND APPROVE PLANS AND ANNUAL REPORTS SUBMI TTED 16
IN ACCORDANCE WITH A BATTERY STEWARDSHIP PROGRAM ESTABLISHED UNDER 17
PART VI OF THIS SUBTITLE . 18
9–1733. 19
(A) IN THIS PART V OF THIS SUBTITLE THE FOLLOWING WORDS HAVE THE 20
MEANINGS INDICATED . 21
(B) (1) “ARCHITECTURAL PAINT ” MEANS INTERIOR AND E XTERIOR 22
ARCHITECTURAL COATIN GS SOLD IN CONTAINER S OF 5 GALLONS OR LESS . 23
(2) “ARCHITECTURAL PAINT ” DOES NOT INCLUDE IND USTRIAL 24
COATINGS, ORIGINAL EQUIPMENT C OATINGS, OR SPECIALTY COATING S. 25
(C) “DISTRIBUTOR” MEANS A COMPANY THAT HA S A CONTRACTUAL 26
RELATIONSHIP WITH ON E OR MORE PRODUCERS TO MARKET AND SELL 27
ARCHITECTURAL PAINT TO RETAILERS IN THE STATE. 28
(D) “PAINT STEWARDSHIP ASS ESSMENT” MEANS THE AMOUNT ADD ED TO 29
THE PURCHASE PRICE O F ARCHITECTURAL PAIN T SOLD IN THE STATE THAT IS 30
NECESSARY TO COVER T HE PAINT STEWARDSHIP PROGRAM’S COST OF 31
COLLECTING, TRANSPORTING , AND PROCESSING POSTC ONSUMER PAINT 32
STATEWIDE. 33 SENATE BILL 686 5
(E) “POSTCONSUMER PAINT ” MEANS ARCHITECTURAL PAINT NOT USED 1
AND NO LONGER WANTED BY A PURCHASER . 2
(F) “PRODUCER” MEANS A MANUFACTURER OF ARCHITECTURAL PAI NT 3
THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE P AINT IN THE STATE UNDER 4
THE PRODUCER ’S OWN NAME OR BRAND . 5
(G) “REPRESENTATIVE ORGANI ZATION” MEANS A NONPROFIT 6
ORGANIZATION CREATED BY PRODUCERS TO IMP LEMENT A PAINT STEWARDSHIP 7
PROGRAM. 8
(H) “RETAILER” MEANS ANY PERSON THA T OFFERS ARCHITECTUR AL PAINT 9
FOR SALE AT RETAIL I N THE STATE. 10
9–1736. RESERVED. 11
9–1737. RESERVED. 12
PART VI. BATTERY STEWARDSHIP PROGRAM. 13
9–1738. 14
(A) IN THIS PART VI OF THIS SUBTITLE THE FOLLOWING WORDS HAVE THE 15
MEANINGS INDICATED . 16
(B) “ADVISORY COUNCIL ” MEANS THE BATTERY STEWARDSHIP ADVISORY 17
COUNCIL ESTABLISHED U NDER § 9–1742 OF THIS SUBTITLE. 18
(C) (1) “BATTERY–CONTAINING PRODUCT ” MEANS A PRODUCT THAT 19
CONTAINS OR IS PACKA GED WITH TWO OR MORE COVERED BATTERIES . 20
(2) “BATTERY–CONTAINING PRODUCT ” DOES NOT INCLUDE AN 21
ELECTRONIC DEVICE TH AT IS SUBJECT TO A C OVERED ELECTRONIC DE VICE 22
TAKEBACK PROGRAM IN ACCORDANCE WITH PART IV OF THIS SUBTITLE. 23
(D) “BATTERY STEWARDSHIP O RGANIZATION” MEANS A NONPROFIT 24
ORGANIZATION THAT IS : 25
(1) EXEMPT FROM TAXATION UNDER § 501(C)(3) OF THE INTERNAL 26
REVENUE CODE; AND 27
6 SENATE BILL 686
(2) CREATED BY A GROUP OF PRODUCERS TO IMPLEME NT A BATTERY 1
STEWARDSHIP PROGRAM IN ACCORDANCE WITH THIS SUBTITLE. 2
(E) “BATTERY STEWARDSHIP P LAN” MEANS A PLAN SUBMITTED TO THE 3
DEPARTMENT BY A PRODU CER OR BATTERY STEWARDSHIP ORGANIZATION IN 4
ACCORDANCE WITH § 9–1739 OF THIS SUBTITLE. 5
(F) “COLLECTION SITE ” MEANS A LOCATION DESIGNATE D UNDER A 6
BATTERY STEWARDSHIP PLAN TO ACCEPT COVER ED BATTERIES AND 7
BATTERY–CONTAINING PRODUCTS FROM COVERED ENTITIE S. 8
(G) (1) “COVERED BATTERY ” MEANS A: 9
(I) PORTABLE BATTERY ; 10
(II) MEDIUM–FORMAT BATTERY ; OR 11
(III) PRIMARY BATTERY . 12
(2) “COVERED BAT TERY” DOES NOT INCLUDE : 13
(I) ANY MEDICAL DEVICE , PROVIDED THAT THE ME DICAL 14
DEVICE IS NOT DESIGNED AND MARKETED FOR SALE OR RESALE PRINCIPALLY T O 15
CONSUMERS FOR PERSON AL USE; OR 16
(II) A LARGE LEAD ACID BATT ERY. 17
(H) (1) “COVERED ENTITY ” MEANS AN INDIVIDUAL OR ENTITY THAT CAN 18
USE A BATTERY STEWAR DSHIP PROGRAM AT NO COST. 19
(2) “COVERED ENTITY ” INCLUDES: 20
(I) A RESIDENT OF THE STATE; 21
(II) A NONPROFIT ORGANIZATI ON LOCATED IN THE STATE; 22
(III) A FOR–PROFIT ENTITY LOCATE D IN THE STATE; AND 23
(IV) A UNIT OF STATE OR LOCAL GOVERN MENT. 24
(I) “MEDIUM–FORMAT BATTERY ” MEANS A RECHARGEABLE BATTERY 25
THAT: 26
SENATE BILL 686 7
(1) (I) WEIGHS MORE THAN 11 POUNDS; OR 1
(II) HAS A RATING OF MORE THAN 300 WATT–HOURS; 2
(2) WEIGHS 25 POUNDS OR LESS ; AND 3
(3) HAS A RATING OF 2,000 WATT–HOURS OR LESS . 4
(J) “PORTABLE BATTERY ” MEANS A RECHARGEABLE BATTERY THAT : 5
(1) WEIGHS 11 POUNDS OR LESS ; AND 6
(2) HAS A RATING OF 300 WATT–HOURS OR LESS . 7
(K) “PRIMARY BATTERY ” MEANS A NONRECHARGEA BLE BATTERY THAT : 8
(1) WEIGHS 4.4 POUNDS OR LESS ; 9
(2) IS SEALED; AND 10
(3) IS OF A TYPE USED BY CONSUMERS AS A POWER SOURCE FOR 11
CONSUMER PRODUCTS . 12
(L) (1) “PRODUCER” MEANS A PERSON THAT : 13
(I) WITH RESPECT TO A COV ERED BATTERY THAT IS SOLD, 14
OFFERED FOR SALE , OR DISTRIBUTED IN THE STATE: 15
1. A. HAS LEGAL OWNERSHIP O F THE BRAND OF THE 16
COVERED BATTERY UNDER WHICH THE COVERED BATTERY IS SOLD; OR 17
B. IS THE MANUFACTURER O F THE COVERED BATTERY , 18
IF THE COVERED BATTERY LACKS IDENTIFICATION OF TH E BRAND; 19
2. IS THE LICENSEE OF TH E BRAND OR TRADEMARK 20
UNDER WHICH THE COVERED BATTERY IS SOLD, WHETHER OR NOT THE T RADEMARK 21
IS REGISTERED IN THE STATE, IF THE COVERED BATTERY IS MANUFACTURED BY A 22
PERSON OTHER THAN TH E BRAND OWNERS ; OR 23
3. IS THE PERSON THAT IM PORTS THE COVERED 24
BATTERY INTO THE UNITED STATES FOR USE IN A C OMMERCIAL ENTERPRISE THAT 25
SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE COVERED BATTERY IN THE STATE, 26
IF THERE IS NO PERSO N DESCRIBED IN ITEMS 1 AND 2 OF THIS ITEM; AND 27 8 SENATE BILL 686
(II) WITH RESPECT TO A BATTERY–CONTAINING PRODUCT 1
THAT IS SOLD, OFFERED FOR SALE , OR DISTRIBUTED IN TH E STATE: 2
1. A. HAS LEGAL OWNERSHIP O F THE BRAND OF THE 3
BATTERY–CONTAINING PRODUCT U NDER WHICH THE BATTE RY–CONTAINING 4
PRODUCT IS SOLD ; OR 5
B. IS THE MANUFACTURER O F THE 6
BATTERY–CONTAINING PRODUCT , IF THE BATTERY –CONTAINING PRODUCT L ACKS 7
IDENTIFICATION OF TH E BRAND; 8
2. IS THE LICENSEE OF TH E BRAND OR TRADEMARK 9
UNDER WHICH THE BATT ERY–CONTAINING PRODUCT I S SOLD, WHETHER OR NOT 10
THE TRADEMARK IS REG ISTERED IN THE STATE, IF THE BATTERY–CONTAINING 11
PRODUCT IS MANUFACTURED BY A PERSON OTHER THAN TH E BRAND OWNERS ; OR 12
3. IS THE PERSON THAT IM PORTS THE 13
BATTERY–CONTAINING PRODUCT INTO THE UNITED STATES FOR USE IN A 14
COMMERCIAL ENTERPRIS E THAT SELLS, OFFERS FOR SALE , OR DISTRIBUTES THE 15
BATTERY–CONTAINING PRODUCT IN THE STATE, IF THERE IS NO PERSO N 16
DESCRIBED IN ITEMS 1 AND 2 OF THIS ITEM. 17
(2) “PRODUCER” DOES NOT INCLUDE AN ENTITY T HAT HAS 18
EXECUTED AN AGREEMEN T WITH ANOTHER ENTIT Y, UNDER WHICH THE OTHE R 19
ENTITY HAS AGREED TO ASSUME RESPONSIBILIT Y UNDER A BATTERY ST EWARDSHIP 20
PROGRAM FOR ANY COVE RED BATTERY OR BATTE RY–CONTAINING PRODUCT 21
ATTRIBUTABLE TO THE FIRST ENTITY. 22
(M) “PROGRAM” MEANS A BATTERY STEW ARDSHIP PROGRAM ESTA BLISHED 23
UNDER A BATTERY STEW ARDSHIP PLAN APPROVE D BY THE DEPARTMENT UNDER § 24
9–1739 OF THIS SUBTITLE . 25
9–1739. 26
(A) (1) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL 27
APPROVE A SINGLE BATTERY STEWARDSHIP ORGANIZATION TO FULF ILL THE 28
REQUIREMENTS OF THIS SUBSECTION. 29
(2) (I) BEGINNING JULY 1, 2026, AND EACH YEAR THEREA FTER, 30
THE BATTERY STEWARDSHIP ORGANIZATION SHALL F ILE A REGISTRATION F ORM 31
WITH THE DEPARTMENT . 32
SENATE BILL 686 9
(II) THE REGISTRATION FORM SHALL INCLUDE : 1
1. A LIST OF THE PRODUCER S PARTICIPATING IN THE 2
BATTERY STEWARDSHIP ORGANIZATION ; 3
2. A LIST OF THE BRANDS O F EACH PRODUCER 4
PARTICIPATING IN THE BATTERY STEWARDSHIP ORGANIZATION ; 5
3. A LIST OF THE COVERED BATTERIES AND 6
BATTERY–CONTAINING PRODUCTS OF EACH PRODUCER PARTICIPATING IN THE 7
BATTERY STEWARDSHIP ORGANIZATION ; AND 8
4. THE NAME, ADDRESS, AND CONTACT INFORMAT ION 9
OF A PERSON RESPONSI BLE FOR ENSURING COM PLIANCE BY THE BATTERY 10
STEWARDSHIP ORGANIZA TION AND THE MEMBE R PRODUCERS WITH THIS PART VI 11
OF THIS SUBTITLE. 12
(III) AT THE TIME OF FILING T HE REGISTRATION FORM , THE 13
BATTERY STEWARDSHIP ORGANIZATION SHALL P AY TO THE DEPARTMENT AN 14
ANNUAL REGISTRATION FEE TO COVER THE COS TS OF RECORD KEEPING , AS SET BY 15
THE DEPARTME NT IN REGULATION . 16
(3) (I) ON OR AFTER JULY 1, 2029, A NONPROFIT ORGANIZA TION 17
MAY REQUEST THAT THE DEPARTMENT DESIGNATE THE NONPROFIT 18
ORGANIZATION AS AN A DDITIONAL BATTERY STEWARDSHIP ORGANIZATION . 19
(II) THE DEPARTMENT MAY DESIGN ATE A NONPROFIT 20
ORGANIZATION AS AN A DDITIONAL BATTERY STEWARDSHIP ORGANIZATION IF THE 21
DEPARTMENT DETERMINES THAT THE DESIGNATION OF THE ADDITIONAL BATTERY 22
STEWARDSHIP ORGANIZATION IS NECE SSARY TO: 23
1. INCREASE RECYCLING RA TES; OR 24
2. IMPROVE RECYCLING SER VICES FOR A SPECIFIC 25
TYPE OF COVERED BATTERY OR B ATTERY–CONTAINING PRODUCT . 26
(III) IF THE DEPARTMENT APPROVES T HE DESIGNATION OF AN 27
ADDITIONAL BATTERY STEWARDSHIP ORGANIZATION UNDER T HIS SUBSECTION , 28
THE BATTERY STEWARDSHIP ORGANIZATION SHALL : 29
1. NOT LATER THAN 30 DAYS AFTER BEING APP ROVED 30
BY THE DEPARTMENT AND ON OR BEFORE JULY 1 EACH YEAR THEREAFTER , FILE A 31
REGISTRATION FORM WI TH THE DEPARTMENT CONTAINING THE INFORMATION 32 10 SENATE BILL 686
REQUIRED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION AND PAY THE ANNUAL 1
REGISTRATION FEE DES CRIBED IN PARAGRAPH (2)(III) OF THIS SUBSECTION ; AND 2
2. COORDINATE WITH THE BATTERY STEWARDSHIP 3
ORGANIZATION APPROVED UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE 4
DEPARTMENT , AND LOCAL GOVERNMENT S TO ENSURE THAT : 5
A. BATTERY COLLECTION AND RECYCLING SERVICES 6
ARE PROVIDED IN A SE AMLESS MANNER ; AND 7
B. PUBLIC OUTREACH , EDUCATION, AND 8
COMMUNICATION ARE PR OVIDED IN A CONSISTE NT MANNER. 9
(B) (1) ON OR BEFORE JULY 1, 2026, AND EVERY 5 YEARS THEREAFTER , 10
EACH PRODUCER SHALL , INDIVIDUALLY OR AS P ART OF A BATTERY STEWARDSHIP 11
ORGANIZATION , SUBMIT A BATTERY STEWARDSHIP PLAN TO THE DEPARTMENT FOR 12
REVIEW AND APPROVAL . 13
(2) BEFORE SUBMITTING THE PLAN REQUIRED UNDER THIS 14
SUBSECTION TO THE DEPARTMENT , A PRODUCER OR BATTERY STEWARDSHIP 15
ORGANIZATION SHALL CONSULT WITH THE ADVISORY CO UNCIL ESTABLISHED 16
UNDER § 9–1742 OF THIS SUBTITLE. 17
(3) ON OR AFTER JANUARY 1, 2027, A PRODUCER MAY NOT SELL , 18
OFFER FOR SALE , DISTRIBUTE, OR IMPORT FOR SALE O R DISTRIBUTION COVERED 19
BATTERIES OR BATTERY –CONTAINING PRODUCTS IN OR INTO THE STATE UNLESS 20
THE PRODUCER , INDIVIDUALLY OR AS P ART OF A BATTERY STEWARDSHIP 21
ORGANIZATION , HAS AN APPROVED BATTERY STEWARDSHIP PLAN ON FILE WITH 22
THE DEPARTMENT . 23
(C) A BATTERY STEWARDSHIP PLAN SHALL: 24
(1) IDENTIFY THE PRODUCER S COVERED BY THE PLA N, INCLUDING 25
THE CONTACT INFORMAT ION FOR EACH PARTICI PATING PRODUCER AND THE 26
BATTERY STEWARDSHIP ORGANIZATION ; 27
(2) IDENTIFY EACH BRAND OF COVERED BATTERY AND 28
BATTERY–CONTAINING PRODUCT COVERED BY THE PLAN ; 29
(3) ESTABLISH, IN ACCORDANCE WITH S UBSECTION (D) OF THIS 30
SECTION, PERFORMANCE GOALS THAT MEASURE , ON AN ANNUAL BASIS , THE 31
ACHIEVEMENTS OF THE BATTERY STEWARDSHIP PROGRAM TO BE IMPLEMENTED BY 32
THE BATTERY STEWARDS HIP ORGANIZATION , INCLUDING: 33
SENATE BILL 686 11
(I) THE COLLECTION RATE F OR BATTERIES IN THE STATE; 1
(II) THE RECYCLING EFFICIE NCY RATE OF THE PROG RAM; AND 2
(III) PUBLIC AWARENESS OF T HE PROGRAM ; 3
(4) DESCRIBE HOW THE PERFORMANCE GOAL S ESTABLISHED UNDER 4
ITEM (3) OF THIS SUBSECTION W ILL BE MET OR EXCEED ED; 5
(5) PROVIDE A LIST OF THE COLLECTION SITES SUP PORTED BY THE 6
PROGRAM, INCLUDING THE ADDRES SES OF THE COLLECTIO N SITES, AND DESCRIBE 7
HOW THE PROGRAM WILL PROVIDE FREE, CONVENIENT , AND EQUITABLE SERVIC E 8
IN EVERY REGION OF THE STATE IN ACCORDANCE W ITH SUBSECTION (E) OF THIS 9
SECTION; 10
(6) DESCRIBE, IN ACCORDANCE WITH S UBSECTION (F) OF THIS 11
SECTION, THE FINANCING METHOD THAT WILL BE USED TO IMPLEMENT THE 12
PROGRAM; 13
(7) DESCRIBE HOW STAKEHOL DER COMMENTS WERE CO NSIDERED IN 14
THE DEVELOPMENT OF T HE PLAN; 15
(8) DESCRIBE HOW STAFFING AND ADMINISTERING TH E 16
IMPLEMENTATION OF THE PROGRAM WILL BE HANDLED ; 17
(9) DESCRIBE THE ACTIONS TAKEN OR THAT WILL B E TAKEN FOR 18
PUBLIC OUTR EACH, EDUCATION, AND COMMUNICATION , TAKING INTO ACCOUNT 19
THAT PUBLIC OUTREACH , EDUCATION, AND COMMUNICATION SH ALL: 20
(I) PROMOTE THE RESPONSIB LE END–OF–LIFE MANAGEMENT 21
OF COVERED BATTERIES AN D BATTERY–CONTAINING PRODUCTS ; AND 22
(II) PROVIDE INFORMATION ON HOW TO SAFELY RETURN 23
COVERED BATTERIES AN D BATTERY–CONTAINING PRODUCTS FOR COLLECTION AND 24
RECYCLING; 25
(10) DESCRIBE THE PROCESS BY WHICH A LOCAL GOV ERNMENT 26
FACILITY THAT ACTS AS A COLLE CTION SITE UNDER THE PROGRAM MAY REQUEST 27
REIMBURSEMENT FOR CO STS ASSOCIATED WITH ACCEPTING AND STORIN G 28
COVERED BATTERIES AN D BATTERY–CONTAINING PRODUCTS ; AND 29
(11) INCLUDE ANY OTHER INF ORMATION THAT IS REQ UIRED BY THE 30
DEPARTMENT . 31
12 SENATE BILL 686
(D) THE PERFORMANCE GOALS ESTABLISHED FOR A BATTERY 1
STEWARDSHIP PROGRAM SHALL AT A MINIMUM INCLUDE : 2
(1) TARGET COLLECTION RAT ES FOR RECHARGEABLE BATTERIES 3
AND PRIMARY BATTERIE S; AND 4
(2) TARGET RECYCLING EFFI CIENCY RATES OF AT L EAST: 5
(I) 60% FOR RECHARGEABLE BAT TERIES; AND 6
(II) 70% FOR PRIMARY BATTERIES . 7
(E) (1) A BATTERY STEWARDSHIP PROGRAM SHALL PROVID E FREE, 8
CONVENIENT , AND EQUITABLE SERVIC E IN EVERY REGION OF THE STATE, SUCH 9
THAT THE COLLECTION OF COVERED BATTERIES AN D BATTERY–CONTAINING 10
PRODUCTS IS AS EASY AS TRASH DISPOSAL. 11
(2) THE DEPARTMENT , IN CONSULTATION WITH THE ADVISORY 12
COUNCIL ESTABLISHED UNDER § 9–1742 OF THIS SUBTITLE, SHALL BY REGULATION 13
ESTABLISH REQUIREMEN TS REGARDING : 14
(I) THE MINIMUM TOTAL NUM BER OF COLLECTION SI TES 15
PROVIDED BY A PROGRA M; 16
(II) THE PROXIMITY OF COLLECTION S ITES TO POPULATION 17
CENTERS; AND 18
(III) THE USE OF ANNUAL BAT TERY COLLECTION EVEN TS IN 19
REGIONS WHERE THE ES TABLISHMENT OF A PER MANENT COLLECTION SI TE IS NOT 20
PRACTICABLE . 21
(3) MEDIUM–FORMAT BATTERIES MAY BE COLLECTED ONLY AT 22
HOUSEHO LD HAZARDOUS WASTE A CCEPTANCE SITES OR O THER STAFFED 23
COLLECTION SITES THA T MEET APPLICABLE STATE AND FEDERAL REQ UIREMENTS 24
TO MANAGE MEDIUM –FORMAT BATTERIES . 25
(F) THE FINANCING METHOD THAT WILL BE USED BY A BATTERY 26
STEWARDSHIP ORGANIZATION TO IMPL EMENT A BATTERY STEWARDSHIP PROGRAM 27
SHALL: 28
(1) APPORTION ALL COSTS OF THE PRO GRAM AMONG THE 29
PRODUCERS PARTICIPAT ING IN THE PROGRAM ; 30
SENATE BILL 686 13
(2) BE STRUCTURED IN A MA NNER THAT ENCOURAGES 1
PARTICIPATING PRODUC ERS TO EMBRACE DESIG N ATTRIBUTES THAT RE DUCE THE 2
ENVIRONMENTAL IMPACT S OF THEIR PRODUCTS , INCLUDING THROUGH TH E USE OF 3
ECO–MODULATED FEES TO : 4
(I) ENCOURAGE DESIGNS INT ENDED TO FACILITATE REUSE 5
AND RECYCLING ; 6
(II) ENCOURAGE THE USE OF RECYCLED CONTENT ; 7
(III) DISCOURAGE THE USE OF PROBLEMATIC MATERIALS THAT 8
INCREASE THE COSTS O F MANAGING BATTERIES ; AND 9
(IV) ENCOURAGE OTHER DESIG N ATTRIBUTES THAT RE DUCE 10
ENVIRONMENTAL IMPACT S OR ENHANCE THE SAF ETY OF BATTERIES ; AND 11
(3) MEET ANY OTHER REQUIR EMENT ESTABLISHED BY THE 12
DEPARTMENT BY REGULAT ION. 13
(G) (1) WITHIN 120 DAYS AFTER RECEIVING A PROPOSED BATTERY 14
STEWARDSHIP PLAN, THE DEPARTMENT SHALL APPR OVE, APPROVE WITH 15
CONDITIONS, OR REJECT THE PLAN . 16
(2) IN MAKING A DETERMINA TION UNDER PARAGRAPH (1) OF THIS 17
SUBSECTION, THE DEPARTMENT SHALL CONSIDER WHETHER : 18
(I) THE BATTERY STEWARDSHIP PLAN COMPLIES WITH T HE 19
REQUIREMENTS OF THIS SECTION, INCLUDING WHETHER TH E FINANCING METHOD 20
WILL COVER THE COSTS OF IMPLEMENTING THE PROGRAM; AND 21
(II) THE BATTERY STEWARDSHIP ORGANIZATION ENGAGED 22
SUFFICIENTLY WITH STAKEHOL DERS, INCLUDING LOCAL GOVE RNMENTS, IN 23
DEVELOPING THE PLAN . 24
(3) NOT LATER THAN 60 DAYS AFTER THE DATE A BATTERY 25
STEWARDSHIP PLAN IS INITIALLY AP PROVED UNDER THIS SE CTION, THE ENTITY 26
THAT SUBMITTED THE P LAN SHALL PAY TO THE DEPARTMENT : 27
(I) THE DEPARTMENT ’S COST OF REVIEWING THE PLAN; AND 28
(II) THE DEPARTMENT ’S ESTIMATED COSTS OF 29
ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN BETWEEN THE INITI AL 30
DATE OF APPROVAL AND THE DATE OF THE INIT IAL ANNUAL REPORT RE QUIRED 31
UNDER § 9–1743 OF THIS SUBTITLE. 32 14 SENATE BILL 686
(H) IMPLEMENTATION OF THE BATTERY STEWARDSHIP PROGRAM 1
DESCRIBED IN AN APPROVED BATTERY STEWARDSHIP PLAN SHALL BEGIN NO T 2
LATER THAN 6 MONTHS AFTER THE DAT E THE PLAN IS APPROV ED BY THE 3
DEPARTMENT . 4
(I) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION 5
AND SUBJECT TO PARAG RAPH (3) OF THIS SUBSECTION , AN APPROVED BATTERY 6
STEWARDSHIP PLAN SHALL EXPIRE AF TER 5 YEARS. 7
(2) A BATTERY STEWARDSHIP PLAN MAY CONTINUE AF TER 5 YEARS 8
IF IT IS RENEGOTIATE D, RENEWED, OR AMENDED AND APPRO VED BY THE 9
DEPARTMENT IN ACCORDA NCE WITH THIS SUBTIT LE. 10
(3) THE DEPARTMENT MAY RESCIN D APPROVAL OF A BATTERY 11
STEWARDSHIP PLAN AT ANY TIME FOR GOOD CAUSE. 12
(4) IF THE DEPARTMENT RESCINDS A N APPROVAL OF A BATTERY 13
STEWARDSHIP PLAN UNDER PARAGRAPH (3) OF THIS SUBSECTION , THE BATTERY 14
STEWARDSHIP ORGANIZATION MAY AME ND THE PLAN AND SUBM IT IT TO THE 15
DEPARTMENT FOR APPROV AL IN ACCORDANCE WIT H THIS SUBTITLE. 16
(5) IF, BASED ON THE ANNUAL REPORT SUBMITTED UND ER § 9–1743 17
OF THIS SUBTITLE , THE PERFORMANCE GOAL S ESTABLISHED UNDER SUBSECTION 18
(C)(3) OF THIS SECTION HAVE NOT BEEN ACHIEVED , THE DEPARTMENT MAY : 19
(I) REQUIRE THAT A BATTERY STEWARDSHIP ORGANIZATION 20
AMEND THE BATTERY STEWARDSHIP PLAN; AND 21
(II) IMPOSE A PENALTY ON A PRODUCE R OR BATTERY 22
STEWARDSHIP ORGANIZATION IN ACCO RDANCE WITH § 9–1746 OF THIS SUBTITLE. 23
(6) IF THE DEPARTMENT REQUIRES A BATTERY STEWARDSHIP 24
ORGANIZATION TO AMEN D A BATTERY STEWARDSHIP PLAN UNDER PARAGRAPH (5) 25
OF THIS SUBSECTION , THE BATTERY STEWARDSHIP ORGANIZATION SHALL C OVER 26
THE COST OF THE DEPARTMENT ’S REVIEW AND SUPPLEM ENTAL WORK ON THE 27
PLAN. 28
9–1740. 29
IN DESIGNING AND IMPL EMENTING A BATTERY S TEWARDSHIP PROGRAM , A 30
BATTERY STEWARDS HIP ORGANIZATION SHA LL: 31
SENATE BILL 686 15
(1) USE EXISTING PUBLIC A ND PRIVATE WASTE COL LECTION 1
SERVICES AND FACILIT IES, INCLUDING BATTERY CO LLECTION LOCATIONS , 2
TRANSPORTERS , CONSOLIDATORS , PROCESSORS , AND RETAILERS , IF 3
COST–EFFECTIVE, MUTUALLY AGREEABLE , AND OTHERWISE PRACTICABLE ; AND 4
(2) COORDINATE ACTIVITIES WITH RELEVANT OPERATORS , 5
INCLUDING ELECTRONIC WASTE RECYCLERS , FOR THE PURPOSE OF P ROVIDING THE 6
EFFICIENT DELIVERY O F SERVICES AND AVOID ING UNNECESSARY DUPL ICATION OF 7
EFFORT. 8
9–1741. 9
(A) A BATTERY STEWARDSHIP ORGANIZATION SHALL C OVER ALL COSTS OF 10
A BATTERY STEWARDSHIP PROGRAM, INCLUDING: 11
(1) THE COSTS TO: 12
(I) COLLECT, TRANSPORT, PROCESS, AND OTHERWISE 13
MANAGE THE COVERED BATTERIES AN D BATTERY –CONTAINING PRODUCTS 14
RETURNED BY COVERED ENTITIES; 15
(II) RAISE PUBLIC AWARENES S OF AND PARTICIPATI ON IN THE 16
PROGRAM; 17
(III) REIMBURSE LOCAL GOVER NMENTS THAT SERVE AS 18
COLLECTION SITES OR OTHERWISE ASSIST WIT H IMPLEMENTING THE P ROGRAM; 19
AND 20
(IV) RECYCLE, REUSE, OR SAFELY DISPOSE OF COVERED 21
BATTERIES AND BATTER Y–CONTAINING PRODUCTS , INCLUDING ANY DAMAGE D OR 22
DEFECTIVE COVERED BA TTERIES OR BATTERY –CONTAINING PRODUCTS , 23
COLLECTED UNDER THE PROGRAM; AND 24
(2) THE ADMINISTRATIVE CO STS OF THE DEPARTMENT TO 25
IMPLEMENT THIS PART VI OF THIS SUBTITLE. 26
(B) AT A MINIMUM , A BATTERY STEWARDSHI P ORGANIZATION SHALL 27
PROVIDE AT NO COST T O COLLECTION SITES : 28
(1) APPROPRIATE CONTAINER S FOR COVERED BATTER IES SUBJECT 29
TO THE BATTERY STEWARDSHIP ORGANIZATION ’S PROGRAM , INCLUDING 30
APPROPRIATE CONTAINE RS FOR DAMAGED AND D EFECTIVE BATTERIES ; 31
16 SENATE BILL 686
(2) TRAINING; 1
(3) SIGNAGE, 2
(4) SAFETY GUIDANCE ; AND 3
(5) EDUCATIONAL MATERIALS . 4
9–1742. 5
(A) THE DEPARTMENT SHALL ESTA BLISH THE BATTERY STEWARDSHIP 6
ADVISORY COUNCIL TO: 7
(1) ADVISE ON THE IMPLEME NTATION OF THIS PART VI OF THIS 8
SUBTITLE, INCLUDING THE ADOPTI ON OF IMPLEMENTING R EGULATIONS; AND 9
(2) ASSIST WITH THE DEVEL OPMENT AND REVIEW OF BATTERY 10
STEWARDSHIP PLANS UN DER § 9–1739 OF THIS SUBTITLE. 11
(B) (1) THE ADVISORY COUNCIL SHALL CONSIST OF MEM BERS 12
APPOINTED BY THE SECRETARY, REPRESENTING A BROAD RANGE OF INTERESTED 13
STAKEHOLDERS , INCLUDING: 14
(I) REPRESENTATIVES OF LO CAL GOVERNMENT ; 15
(II) INDUSTRY REPRESENTATI VES; AND 16
(III) REPRESENTATIVES OF TH E ENVIRONMENTAL COMM UNITY. 17
(2) IN APPOINTING MEMBERS TO THE ADVISORY COUN CIL, THE 18
SECRETARY SHALL , TO THE EXTENT PRACTI CABLE, ENSURE THAT THE 19
MEMBERSHIP OF THE AD VISORY COUNCIL REPRE SENTS: 20
(I) ALL GEOGRAPHIC REGI ONS OF THE STATE; AND 21
(II) LARGE AND SMALL COUNT IES AND MUNICIPALITI ES. 22
(C) THE SECRETARY SHALL DESIG NATE THE CHAIR OF THE ADV ISORY 23
COUNCIL. 24
(D) THE DEPARTMENT SHALL PROV IDE STAFF FOR THE AD VISORY 25
COUNCIL. 26
(E) A MEMBER OF THE ADVISO RY COUNCIL: 27 SENATE BILL 686 17
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 1
ADVISORY COUNCIL ; BUT 2
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 3
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 4
(F) THE ADVISORY COUNCIL SHALL MEET AT THE RE QUEST OF THE 5
SECRETARY. 6
(G) THE ADVISORY COUNCIL SHALL: 7
(1) MAKE RECOMMENDATIONS TO THE DEPARTMENT REGARDING 8
BATTERY STEWARDSHIP PLAN APPROVAL ; 9
(2) MAKE RECOMMENDATIONS TO THE DEPARTMENT AND BATTERY 10
STEWARDSHIP ORGANIZATIONS REGARD ING PROGRAM IMPLEMENTATION ; AND 11
(3) PERFORM ANY OTHER FUN CTION ASSIGNED TO TH E ADVISORY 12
COUNCIL BY THE SECRETARY. 13
9–1743. 14
(A) BEGINNING MARCH 1, 2028, EACH BATTERY STEWARDSHIP 15
ORGANIZATION THAT HA S AN APPROVED BATTERY STEWARDSHIP PLAN ON FILE 16
WITH THE DEPARTMENT SHALL REPO RT ANNUALLY TO THE DEPARTMENT ON THE 17
PROGRESS TOWARD MEET ING PLAN REQUIREMENT S AND PROGRAM GOALS FOR THE 18
IMMEDIATELY PRECEDIN G CALENDAR YEAR . 19
(B) THE REPORT REQUIRED U NDER SUBSECTION (A) OF THIS SECTION 20
SHALL INCLUDE: 21
(1) A DETAILED DESCRIPTION OF THE REIMBURSEMENT METHODS 22
USED FOR COLLECTING , TRANSPORTING , AND PROCESSING COVERED BATTERIES 23
AND BATTERY –CONTAINING PRODUCTS UNDER THE PROGRAM ; 24
(2) (I) THE STATUS ON ACHIEVI NG THE PERFORMANCE G OALS 25
ESTABLISHED U NDER § 9–1739(C)(3) OF THIS SUBTITLE; AND 26
(II) IF THE GOALS HAVE NOT BEEN ACHIEVED , A DESCRIPTION 27
OF THE ACTIONS PROPO SED TO ACHIEVE THE G OALS; 28
18 SENATE BILL 686
(3) THE AMOUNT OF EACH CATEGORY OF COVERED BATTERIES AN D 1
BATTERY–CONTAINING PRODUCTS COLLECTED IN THE STATE UNDER THE 2
PROGRAM, INCLUDING THE METHOD OF DISPOSITION OF EA CH CATEGORY; 3
(4) THE TOTAL COST OF IMP LEMENTING THE P ROGRAM; 4
(5) SAMPLES OF ALL EDUCAT IONAL MATERIALS PROV IDED TO 5
COLLECTION SITES AND THE PUBLIC UNDER THE PROGRAM ; 6
(6) A DETAILED DESCRIPTION OF THE ACTIONS TAKEN AND AN 7
EVALUATION OF THE ME THODS USED TO DISSEM INATE EDUCATIONAL MA TERIALS, 8
INCLUDING RECOMMENDA TIONS, IF ANY, FOR HOW THE EDUCATIO NAL COMPONENT 9
OF THE PROGRAM CAN BE IMPROVED ; AND 10
(7) ANY OTHER INFORMAT ION AS REQUIRED BY T HE DEPARTMENT . 11
(C) WHEN PROVIDING THE DEPARTMENT WITH THE A NNUAL REPORT 12
REQUIRED UNDER THIS SECTION, A BATTERY STEWARDSHIP ORGANIZATION SHALL 13
PAY TO THE DEPARTMENT THE DEPARTMENT ’S ESTIMATED COSTS OF 14
ADMINISTERING , OVERSEEING, AND ENFORCING THE PL AN FOR THE 1 YEAR 15
IMMEDIATELY FOLLOWIN G THE ANNUAL REPORT . 16
(D) FINANCIAL, PRODUCTION , OR SALES DATA REPORT ED TO THE 17
DEPARTMENT BY A BATTERY STEWARDSHIP ORGANIZATION SHALL B E KEPT 18
CONFIDENTIAL BY THE DEPARTMENT AND MAY NO T BE SUBJECT TO PUBL IC 19
INSPECTION. 20
(E) SUBJECT TO SUBSECTION (D) OF THIS SECTION, THE REPORT SHALL BE 21
POSTED ON THE WEBSIT E OF THE DEPARTMENT AND THE BATTERY STEWA RDSHIP 22
ORGANIZATION . 23
9–1744. 24
ANY PERSON PARTICIPAT ING IN A BATTERY STEWARDSHIP PLAN IN 25
COMPLIANCE WITH THIS SUBTITLE IS IMMUNE F ROM LIABILITY UNDER STATE LAW 26
RELATING TO ANTITRUS T AND RESTRAINT OF T RADE FOR ANY COOPERA TED 27
ACTIVITIES ARISING O UT OF THE RECYCLING, REUSE, AND DISPOSAL OF PACK AGING 28
MATERIALS. 29
9–1745. 30
THE DEPARTMENT SHALL ADOP T REGULATIONS TO CAR RY OUT THIS 31
SUBTITLE. 32
SENATE BILL 686 19
9–1746. 1
THE PROVISIONS OF §§ 9–334 THROUGH 9–344 OF THIS TITLE APPLY TO 2
ENFORCE VIOLATIONS O F: 3
(1) THIS SUBTITLE; 4
(2) ANY REGULATION ADOPTE D UNDER THIS SUBTITL E; OR 5
(3) ANY ORDER ISSUED UNDE R THIS SUBTITLE. 6
SECTION 3. AND BE IT FURTHER ENACTED, That Section (s) 6–1101 through 7
6–1114 and the subtitle “Subtitle 11. Rechargeable Batteries” of Article – Environment of 8
the Annotated Code of Maryland be repealed. 9
SECTION 4. AND BE IT FURTHER ENACTED, That Section 3 of this Act shall take 10
effect January 1, 2028. 11
SECTION 5. AND BE IT FURTHER ENACTED, That, except as provided in Section 12
4 of this Act, this Act shall take effect July 1, 2025. 13