Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1205 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1205
5	5	April 11, 2024 - Introduced by Representatives CONSIDINE, ANDRACA, JOERS, MOORE
6	6	OMOKUNDE, PALMERI, RATCLIFF and SINICKI. Referred to Committee on
7	7	Environment.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 20.370 (4) (ht), 25.46 (1) (eL), 227.01 (13) (pv), 287.07 (6) and
10	10	287.175 of the statutes; relating to: requiring battery producers to administer
11	11	battery collection and recycling programs, granting rule-making authority,
12	12	making an appropriation, and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires battery manufacturers (producers) to operate a program to
15	15	collect and recycle covered batteries. The bill defines “covered battery” as either 1)
16	16	a portable battery (a rechargeable battery weighing no more than 11 pounds and
17	17	having a rating of no more than 300 watt-hours, or a nonrechargeable battery
18	18	weighing no more than 4.4 pounds); or 2) beginning January 1, 2029, a medium
19	19	format battery (a rechargeable battery weighing more than 11 pounds or having a
20	20	rating of more than 300 watt-hours, or both, but not exceeding 25 pounds or 2,000
21	21	watt-hours; or a nonrechargeable battery weighing more than 4.4 pounds but not
22	22	more than 25 pounds). Under the bill, a “covered battery” does not include a battery
23	23	that is contained in a medical device and that is not designed or marketed for retail
24	24	sale; a battery that contains a liquid electrolyte; a lead acid battery; a vehicle battery;
25	25	or a battery that is not easily removed from its product.
26	26	Under the bill, beginning January 1, 2026, no battery producer or retailer may
27	27	sell a battery in this state unless the producer: 1) is operating under a battery
28	28	stewardship plan that has been approved by the Department of Natural Resources;
29	29	2) pays an annual fee of $20,000 to DNR; 3) submits annual reports to DNR; 4)
30	30	completes an independent audit of its battery collection program after five years; and
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37	37	5) provides retailers of its batteries with educational materials about its battery
38	38	collection program. Under the bill, all of these requirements may be undertaken on
39	39	behalf of a producer by a battery stewardship organization made up of at least five
40	40	producers. The bill also allows DNR to change the amount of the annual $20,000
41	41	producer fee, as necessary to maintain the program created under the bill, without
42	42	going through the statutory rule-making process.
43	43	To be approved by DNR, a proposed battery stewardship plan must include
44	44	specific information, such as a list of all the brands of batteries the producer sells in
45	45	this state; provisions for collecting batteries at no cost, regardless of battery brand
46	46	or producer; the names of at least two collection facilities in each county in this state
47	47	that will provide battery collection throughout the calendar year; a method for
48	48	responsibly managing collected batteries to ensure that all of the components of
49	49	collected batteries are recycled or properly disposed of; a description of an education
50	50	and outreach program that the producer will undertake to provide notice of the
51	51	producer's battery collection program; a description of how the producer will develop
52	52	a strategy for collecting covered batteries in areas facing environmental justice
53	53	challenges associated with waste management; a collection rate performance goal;
54	54	and a description of how the producer and the collection facilities identified in the
55	55	plan will implement the program described in the plan.
56	56	Under the bill, DNR must provide notice of a proposed battery stewardship plan
57	57	and receive public comments on the proposed plan for 30 days. DNR must also
58	58	provide a public hearing on a proposed plan upon request. DNR has 90 days after
59	59	receiving a complete proposed plan, not including the period for public comment and
60	60	hearing, to either approve or deny a proposed plan. A plan that is not approved or
61	61	denied within this time period is deemed approved. Under the bill, a producer may
62	62	not amend an approved battery stewardship plan unless the proposed amendments
63	63	are approved by DNR. The bill also allows DNR to revoke an approved battery
64	64	stewardship plan if the producer is not complying with the plan.
65	65	The bill also requires DNR to maintain a website that lists the names of
66	66	producers with approved plans and the brands of batteries covered by an approved
67	67	battery stewardship plan and includes copies of all approved battery stewardship
68	68	plans. Under the bill, DNR must also promote public participation in the collection
69	69	and recycling of covered batteries through education and outreach activities. In
70	70	addition, DNR must report to the legislature and the governor every two years on the
71	71	implementation of any approved battery stewardship plans.
72	72	Under the bill, during the first year of implementing an approved battery
73	73	stewardship plan, and two years after that, a producer must conduct a statistically
74	74	significant survey of public awareness of the producer's battery collection program,
75	75	for the purpose of identifying areas that need additional education and outreach. A
76	76	producer must also conduct an audit after five years of implementing an approved
77	77	battery stewardship plan, to examine the effectiveness of the producer's battery
78	78	collection program.
79	79	Under the bill, a producer operating under an approved battery stewardship
80	80	plan, or a battery stewardship organization on behalf of the producer, may request
81	81	reimbursement from another producer for costs incurred in collecting, handling, - 3 -2023 - 2024 Legislature
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85	85	recycling, or properly disposing of batteries produced by the other producer. A
86	86	producer may request such reimbursement only after the producer has met the
87	87	collection rate performance goal included in the producer's approved battery
88	88	stewardship plan. A producer that receives a request for reimbursement may
89	89	request an independent audit of the requested reimbursement costs. A producer that
90	90	incurs more than $1,000 in such reimbursable costs may bring a civil action against
91	91	the other producer if the costs are not reimbursed.
92	92	Under the bill, any producer or retailer that violates the provisions of the bill
93	93	relating to battery stewardship plans is subject to a civil forfeiture of up to $10,000
94	94	per violation.
95	95	Finally, the bill prohibits the disposal of any covered battery in a solid waste
96	96	disposal facility beginning January 1, 2026.
97	97	For further information see the state fiscal estimate, which will be printed as
98	98	an appendix to this bill.
99	99	The people of the state of Wisconsin, represented in senate and assembly, do
100	100	enact as follows:
101	101	SECTION 1. 20.370 (4) (ht) of the statutes is created to read:
102	102	20.370 (4) (ht) Battery collection and recycling programs. From the
103	103	environmental fund, a sum sufficient to implement the battery collection and
104	104	recycling program under s. 287.175.
105	105	SECTION 2. 25.46 (1) (eL) of the statutes is created to read:
106	106	25.46 (1) (eL) The fees imposed under s. 287.175 (3) (b) for environmental
107	107	management.
108	108	SECTION 3. 227.01 (13) (pv) of the statutes is created to read:
109	109	227.01 (13) (pv) Adjusts the amount of the fee under s. 287.175 (3) (b).
110	110	SECTION 4. 287.07 (6) of the statutes is created to read:
111	111	287.07 (6) BATTERIES. Beginning January 1, 2026, no person may dispose of or
112	112	burn a covered battery, as defined in s. 287.175 (1) (b), in a solid waste disposal
113	113	facility.
114	114	SECTION 5. 287.175 of the statutes is created to read:
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131	131	287.175 Battery collection and recycling. (1) DEFINITIONS. In this section:
132	132	(a) “Collection rate” means the total weight of covered batteries collected in this
133	133	state by a producer in a calendar year divided by the average annual weight of
134	134	covered batteries estimated to have been sold in this state by that producer during
135	135	the same calendar year and the previous 2 calendar years.
136	136	(b) “Covered battery” means a portable battery or, beginning January 1, 2029,
137	137	a medium format battery. “Covered battery” does not include any of the following:
138	138	1. A battery, contained in a medical device that is regulated under the federal
139	139	food, drug and cosmetic act, 21 USC 301 to 394, that is not designed or marketed for
140	140	sale or resale at retail locations for personal use.
141	141	2. A battery that contains an electrolyte as a free liquid.
142	142	3. A lead acid battery.
143	143	4. A vehicle battery.
144	144	5. A battery in a battery-containing product that is not intended or designed
145	145	to be easily removable from the battery-containing product.
146	146	(c) “Medium format battery” means any of the following:
147	147	1. For batteries that are not capable of being recharged, a battery that weighs
148	148	more than 4.4 pounds but not more than 25 pounds.
149	149	2. For rechargeable batteries, a battery that weighs more than 11 pounds, or
150	150	that has a rating of more than 300 watt-hours, or both, but that does not weigh more
151	151	than 25 pounds or have a rating of more than 2,000 watt-hours.
152	152	(d) “Portable battery” means any of the following:
153	153	1. For batteries that are not capable of being recharged, a battery that weighs
154	154	no more than 4.4 pounds.
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183	183	2. For rechargeable batteries, a battery that weighs no more than 11 pounds
184	184	and that has a rating of no more than 300 watt-hours.
185	185	(e) “Producer” means a person that sells, offers for sale, or distributes for sale
186	186	a covered battery in or into this state and that is any of the following:
187	187	1. If the covered battery is sold under a brand of the battery's manufacturer,
188	188	the person that manufactures the battery.
189	189	2. If the covered battery is sold under a retail brand or under a brand owned
190	190	by a person other than the battery's manufacturer, the person that owns the brand.
191	191	3. If subds. 1. and 2. do not apply, the person that is the licensee of a brand or
192	192	trademark under which the covered battery is sold, offered for sale, or distributed for
193	193	sale in or into this state, regardless of whether the trademark is registered in this
194	194	state.
195	195	4. If subds. 1. to 3. do not apply to any person within the United States, the
196	196	person that is the importer of record for the covered battery into the United States
197	197	for the purpose of selling, offering for sale, or distributing for sale the battery in or
198	198	into this state.
199	199	5. If subds. 1. to 4. do not apply to any person with a commercial presence in
200	200	this state, the person who first sells, offers for sale, or distributes for sale the covered
201	201	battery in or into this state.
202	202	(f) “Rechargeable battery” means a battery that contains one or more voltaic
203	203	or galvanic cells electrically connected to produce electric energy and that is designed
204	204	to be recharged.
205	205	(g) “Recycling" means preparing batteries for use in manufacturing processes
206	206	or for recovery of usable materials and delivering the materials for use. “Recycling"
207	207	does not include destruction by incineration or other processes or land disposal of
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235	235	recyclable materials and does not include reuse, repair, or any other process through
236	236	which batteries are returned in their original form.
237	237	(h) “Retailer” means a person that offers a battery for sale in this state by any
238	238	means, including through online sales.
239	239	(2) PROHIBITIONS. (a) Producers. Beginning on January 1, 2026, no producer
240	240	may sell, offer for sale, or distribute for sale in or into this state any covered battery
241	241	unless the producer is in compliance with the requirements under sub. (3).
242	242	(b) Retailers. Beginning on January 1, 2026, no retailer may sell or offer for
243	243	sale in this state any covered battery unless the producer of the battery is in
244	244	compliance with the requirements under sub. (3). This paragraph does not apply to
245	245	covered batteries for which any of the following apply:
246	246	1. The retailer purchases the covered battery before January 1, 2026, and sells
247	247	the battery on or before January 1, 2027.
248	248	2. If the producer's battery stewardship plan under this section expired or was
249	249	revoked, the retailer purchased the covered battery before the producer's battery
250	250	stewardship plan expired or was revoked.
251	251	(3) PRODUCER REQUIREMENTS. (a) Stewardship plan. No later than June 1, 2025,
252	252	each producer shall submit a battery stewardship plan to the department for review.
253	253	No later than January 1, 2026, each producer shall operate under an approved
254	254	battery stewardship plan. A battery stewardship plan submitted to the department
255	255	shall have a term of no more than 5 years and shall include all of the following:
256	256	1. If the producer is a member of a battery stewardship organization under sub.
257	257	(4), the names and contact information for each of the producers in the battery
258	258	stewardship organization.
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287	287	2. The brands of all of the covered batteries that the producer sells, offers for
288	288	sale, or distributes for sale in or into this state. All such brands shall be covered by
289	289	the battery stewardship plan.
290	290	3. Provisions for collecting covered batteries at no cost, regardless of the brand
291	291	or producer of the covered battery.
292	292	4. A process for providing packaging, consistent with any state or federal
293	293	requirements related to transporting hazardous materials, for the safe collection and
294	294	transportation of covered batteries. Such packaging shall be provided at no cost if
295	295	the purpose of the packaging will be to collect and transport damaged, defective, or
296	296	recalled covered batteries.
297	297	5. A process for allowing retailers, municipalities, and solid waste facilities to
298	298	opt in to being a collection facility under the plan.
299	299	6. The name, address, and contact information of at least two collection
300	300	facilities in each county in this state that will provide covered battery collection
301	301	throughout the calendar year.
302	302	7. The name, address, and contact information of any transporter or contractor
303	303	that will collect covered batteries from collection facilities and a statement as to
304	304	whether such transporters or contractors have obtained any required state and
305	305	federal licenses for transporting batteries; and the name, address, and contact
306	306	information of any recycling facility that will process the collected batteries.
307	307	8. A provision that ensures that each collection facility will accept up to 100
308	308	covered batteries per person per visit. A collection facility may agree to accept more
309	309	covered batteries per person per visit.
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335	335	9. A list of collection facilities that will collect damaged, defective, or recalled
336	336	covered batteries. Other collection facilities under the plan shall not be required to
337	337	collect damaged, defective, or recalled covered batteries.
338	338	10. A method for responsibly managing collected covered batteries to ensure
339	339	that all of the components of collected batteries are recycled, to the extent
340	340	economically and technically feasible, and that any components or batteries that
341	341	cannot be recycled are properly disposed of.
342	342	11. A description of an education and outreach program that the producer will
343	343	undertake to provide notice of the producer's covered battery collection program to
344	344	businesses, municipalities, solid waste facilities, retailers, and transporters; to
345	345	provide information about available safety training for collection facilities; and to
346	346	notify the public that there is a free covered battery collection program and the
347	347	location of collection facilities. If more than one producer has an approved battery
348	348	stewardship plan, all producers with an approved battery stewardship plan shall
349	349	coordinate in carrying out their education and outreach programs.
350	350	12. A description of how the producer will develop strategies, in consultation
351	351	with the department and other relevant parties, for collecting covered batteries in
352	352	areas and communities that face environmental justice challenges associated with
353	353	waste management.
354	354	13. A procedure for collecting and providing reimbursement under sub. (6).
355	355	14. A collection rate performance goal.
356	356	15. A description of how the producer and the collection facilities identified in
357	357	the plan will implement the program described in the plan, including by providing
358	358	products and equipment to collection facilities to set up a collection site and by
359	359	providing for the management and transportation of collected covered batteries.
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389	389	(b) Fee. A producer operating under an approved battery stewardship plan
390	390	shall pay an annual fee of $20,000 to the department. Fees paid under this
391	391	paragraph shall be deposited into the environmental fund. The department may
392	392	adjust the amount of this fee as necessary to maintain the program under this
393	393	section.
394	394	(c) Reporting. No later than March 1, 2027, and annually thereafter, a producer
395	395	shall submit to the department a report that contains all of the following:
396	396	1. The total weight of covered batteries collected by the producer in the previous
397	397	calendar year.
398	398	2. The estimated percentage of the total weight under subd. 1. that is
399	399	attributable to rechargeable batteries.
400	400	3. The estimated percentage of the total weight under subd. 1. that is
401	401	attributable to producers that are not operating under an approved battery
402	402	stewardship plan under this section.
403	403	4. The collection rate achieved by the producer in the previous calendar year.
404	404	5. The estimated total weight of covered batteries sold, offered for sale, or
405	405	distributed for sale in or into this state by the producer in the previous 3 calendar
406	406	years.
407	407	6. The location and contact information for each collection facility and
408	408	collection site that collected covered batteries under the producer's approved battery
409	409	stewardship plan in the previous calendar year.
410	410	7. Examples and descriptions of educational materials provided and outreach
411	411	activities conducted by the producer in the previous calendar year to increase
412	412	covered battery collection, and a description of how the producer coordinated with
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439	439	other producers with approved battery stewardship plans in carrying out its
440	440	education and outreach program.
441	441	8. A description of how collected covered batteries were managed in the
442	442	previous calendar year.
443	443	9. Any material amendment to the producer's battery stewardship plan
444	444	approved by the department under sub. (5) (b) in the previous calendar year.
445	445	10. The producer's cost of implementing its battery stewardship plan in the
446	446	previous calendar year, including the costs of collection, recycling, education, and
447	447	outreach.
448	448	(d) Public survey. During the first year of implementing an approved battery
449	449	stewardship plan, and two years thereafter, a producer shall conduct a statistically
450	450	significant survey of public awareness of the battery stewardship plan and its
451	451	implementation. The results of the survey shall identify communities that have
452	452	disparities in awareness and that need additional education and outreach.
453	453	(e) Audit. After 5 years of implementing an approved battery stewardship plan,
454	454	a producer shall contract with an independent 3rd party to conduct a one-time audit
455	455	of the battery stewardship plan and its implementation. The audit shall examine the
456	456	effectiveness of the battery stewardship plan in collecting and recycling covered
457	457	batteries; examine the cost-effectiveness of the battery stewardship plan; and
458	458	compare the battery stewardship plan to other covered battery collection plans in
459	459	other jurisdictions. The auditor shall submit the results of the audit directly to the
460	460	department and provide a copy to the producer.
461	461	(f) Educational materials for retailers. A producer that supplies covered
462	462	batteries to a retailer shall provide the retailer with educational materials
463	463	describing collection opportunities for those batteries.
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491	491	SECTION 5
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493	493	(4) BATTERY STEWARDSHIP ORGANIZATIONS. A producer may meet the
494	494	requirements under sub. (3) by participating in a battery stewardship organization,
495	495	made up of at least 5 producers, that complies with the requirements of sub. (3) on
496	496	behalf of the producer. A battery stewardship organization may exercise the rights
497	497	under subs. (6) and (7) on behalf of any of the producers participating in the
498	498	organization.
499	499	(5) DEPARTMENT DUTIES. (a) Plan approvals. Within 90 days after receiving a
500	500	complete proposed battery stewardship plan under sub. (3) (a), not including any
501	501	time required for public comment and hearing under par. (d), the department shall
502	502	determine whether the proposed plan complies with the requirements under sub. (3)
503	503	(a). If the proposed plan complies with the requirements under sub. (3) (a), the
504	504	department may approve the plan and shall notify the producer of the approval in
505	505	writing. If the proposed plan does not comply with the requirements under sub. (3)
506	506	(a), the department shall deny the plan and notify the producer of the denial in
507	507	writing; the producer shall have 45 days after receiving a denial to submit a revised
508	508	plan to the department for approval. A proposed plan that is not approved or denied
509	509	by the department within 90 days shall be deemed approved.
510	510	(b) Plan amendments. A producer may not amend an approved battery
511	511	stewardship plan unless the proposed amendments are approved by the department
512	512	in writing. The department may require a producer to amend an approved plan.
513	513	(c) Plan revocations. The department may revoke an approved battery
514	514	stewardship plan if the department determines that the producer is not complying
515	515	with the approved plan and the producer fails to comply with or amend the plan
516	516	within a reasonable time after receiving a request to do so from the department.
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542	542	SECTION 5 ASSEMBLY BILL 1205
543	543	(d) Public notice and comment. The department shall publish a class 1 notice
544	544	under ch. 985, shall publish notice on its website, and shall provide notice, upon
545	545	request, to interested persons, announcing the opportunity for written public
546	546	comment and the opportunity to request a public hearing on a battery stewardship
547	547	plan submitted under sub. (3) (a). The department's notice to interested persons may
548	548	be given through an electronic notification system established by the department.
549	549	For the purpose of determining the date on which notice is provided under this
550	550	paragraph, the date on which the department first publishes the notice on its website
551	551	shall be considered the date of notice. The department shall receive public comments
552	552	on the proposed battery stewardship plan for a 30-day period beginning on the date
553	553	the department gives notice.
554	554	(e) Website. Subject to par. (g), the department shall maintain on its website
555	555	all of the following:
556	556	1. A copy of all approved battery stewardship plans.
557	557	2. The names of producers with approved battery stewardship plans.
558	558	3. A list of brands of covered batteries listed in approved battery stewardship
559	559	plans under sub. (3) (a) 2.
560	560	(f) Outreach and communication. The department shall promote public
561	561	participation in the collection and recycling of covered batteries through education
562	562	and outreach activities.
563	563	(g) Confidentiality. Information submitted to the department under this
564	564	section that is a protected trade secret shall not be open to public inspection and
565	565	copying under s. 19.35 (1). The department may publish such information in a
566	566	summary or aggregated form that does not identify individual producers or retailers.
567	567	The department may require a producer, as part of a report submitted under sub. (3)
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595	595	SECTION 5
596	596	ASSEMBLY BILL 1205
597	597	(c), to omit or redact trade secret information. The total weight of covered batteries
598	598	collected under an approved battery stewardship plan is not a protected trade secret.
599	599	(h) Reporting. No later than July 1, 2027, and every two years thereafter, the
600	600	department shall provide a report on the program under this section to the
601	601	legislature under s. 13.172 (2) and to the governor. The department shall include in
602	602	the report a summary of annual reports received under sub. (3) (c) and any
603	603	recommendations for changes to the program under this section.
604	604	(i) Rules. The department may promulgate rules to implement and administer
605	605	this section.
606	606	(6) REIMBURSEMENT. (a) Request. A producer operating under an approved
607	607	battery stewardship plan that collects covered batteries that are not included under
608	608	the producer's approved plan is entitled to reimbursement from the producer of the
609	609	collected batteries for costs incurred in collecting, handling, recycling, or properly
610	610	disposing of such batteries. A producer may request reimbursement only after the
611	611	producer has met the collection rate performance goal included in the producer's
612	612	approved battery stewardship plan. Reimbursement may be requested only for costs
613	613	actually incurred in collecting the covered batteries, including costs of collection,
614	614	transport, recycling, and other methods of disposal identified in the producer's
615	615	approved battery stewardship plan, and reasonable administrative costs.
616	616	(b) Payment. A producer that receives a request for reimbursement under this
617	617	subsection may, prior to payment and within 30 days of receiving the request for
618	618	reimbursement, request an independent audit of the requested reimbursement
619	619	costs. If the independent audit confirms that the requested reimbursement costs are
620	620	reasonable, the producer requesting the audit shall pay the cost of the audit and the
621	621	amount of the reimbursement requested. If the independent audit finds that the
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648	648	SECTION 5 ASSEMBLY BILL 1205
649	649	reimbursement request was not reasonable, the producer that submitted the
650	650	reimbursement request shall pay the cost of the audit.
651	651	(7) PRIVATE RIGHT OF ACTION. A producer operating under an approved battery
652	652	stewardship plan that is in compliance with the requirements under sub. (3) may
653	653	bring a civil action against another producer for costs incurred in collecting,
654	654	handling, recycling, or properly disposing of covered batteries produced by the other
655	655	producer, if all of the following apply:
656	656	(a) The producer bringing the action has incurred more than $1,000 in actual
657	657	costs that are reimbursable under sub. (6).
658	658	(b) The producer against whom the action is brought can be identified as the
659	659	producer of the collected covered batteries, from a brand or marking on the collected
660	660	batteries or from other information available.
661	661	(c) The producer bringing the action submitted a request for reimbursement
662	662	under sub. (6) and did not receive reimbursement within 90 days if no independent
663	663	audit was requested or within 60 days after completion of an independent audit if an
664	664	audit was requested.
665	665	(8) PENALTIES. Any producer or retailer that violates this section may be
666	666	required to forfeit not more than $10,000 for each violation.
667	667	(END)
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