ASSEMBLY ENVIRONMENT, NATURAL RESOURCES, AND
SOLID WASTE COMMITTEE
STATEMENT TO
ASSEMBLY, No. 3876
STATE OF NEW JERSEY
DATED: MARCH 4, 2024
The Assembly Environment, Natural Resources, and Solid Waste
Committee reports favorably Assembly Bill No. 3876.
This bill would revise the provisions of the "Dry Cell Battery
Management Act," P.L.1991, c.521 (C.13:1E-99.59 et seq.) to expand
the types of batteries and consumer products that are covered under
this law.
The bill would amend most of the provisions of the "Dry Cell
Battery Management Act" to provide that the law would apply to
"covered batteries," rather than to mercuric oxide batteries, nickel-
cadmium rechargeable batteries, and sealed lead rechargeable
batteries, as is provided by current law. The bill would define a
"covered battery," with certain exceptions specified in the bill, as a
rechargeable or non-rechargeable battery that weighs up to 25 pounds
or a rechargeable battery that stores up to 2000 watt-hours of energy,
whether embedded in a product or sold separately. This would mean,
among other things, that persons would be prohibited from selling a
covered battery or battery-embedded product unless the manufacturer
of the battery or product, as applicable, has developed a battery
management plan that has been approved by the Department of
Environmental Protection (DEP). The bill would require each
manufacturer of a covered battery to submit a battery management
plan to the DEP no later than nine months after the bill's enactment.
The bill would also modify the provisions of the "Dry Cell Battery
Management Act" to prohibit the use of curbside recycling for the
collection of covered batteries, and to require additional items be
included in a battery management plan, including a requirement that
each manufacturer provide for at least one permanent collection site
for used, portable, covered batteries within a 15-mile radius of no less
than 95 percent of the residents of the State, and within a 25-mile
radius of each resident of the State.
The bill would delete a provision of current law that requires
retailers to accept used nickel-cadmium and sealed lead rechargeable
batteries from customers. The bill would also delete a provision in
current law that requires retailers to post certain signage regarding
nickel-cadmium and sealed lead rechargeable batteries in their retail 2
establishments. In addition, the bill would repeal section 6 of
P.L.1991, c.521 (C.13:1E-99.64), which prohibits persons from selling
certain rechargeable consumer products, unless certain conditions are
met, including the condition that the rechargeable battery is readily
removable from the product.