Responsible Environmental Management of Batteries

CERTIFICATION OF ENROLLMENT ENGROSSED SECOND SUBSTITUTE SENATE BILL 5144 Chapter 434, Laws of 2023 68th Legislature 2023 Regular Session BATTERIES—ENVIRONMENTAL STEWARDSHIP EFFECTIVE DATE: July 23, 2023 Passed by the Senate April 14, 2023 Yeas 40 Nays 6 DENNY HECK President of the Senate Passed by the House April 6, 2023 Yeas 57 Nays 40 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE SENATE BILL 5144 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved May 11, 2023 10:01 AM FILED May 11, 2023 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to providing for responsible environmental 1 management of batteries; amending RCW 43.21B.110 and 43.21B.300; 2 adding a new section to chapter 82.04 RCW; adding a new chapter to 3 Title 70A RCW; creating a new section; and prescribing penalties.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5 NEW SECTION. Sec. 1. INTENT. The legislature finds that:6 (1) It is in the public interest of the citizens of Washington to 7 encourage the recovery and reuse of materials, such as metals, that 8 replace the output of mining and other extractive industries.9 (2) Without a dedicated battery stewardship program, battery user 10 confusion regarding proper disposal options will continue to persist.11 (3) Ensuring the proper handling, recycling, and end-of-life 12 management of used batteries prevents the release of toxic materials 13 into the environment and removes materials from the waste stream 14 that, if mishandled, may present safety concerns to workers, such as 15 by igniting fires at solid waste handling facilities. For this 16 reason, batteries should not be placed into commingled recycling 17 containers or disposed of via traditional garbage collection 18 containers. 19 (4) Jurisdictions around the world have successfully implemented 20 battery stewardship laws that have helped address the challenges 21 ENGROSSED SECOND SUBSTITUTE SENATE BILL 5144 AS AMENDED BY THE HOUSE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Senate Ways & Means (originally sponsored by Senators Stanford, Nguyen, Cleveland, Frame, Hasegawa, Hunt, Keiser, Kuderer, Lovelett, Nobles, Pedersen, Rolfes, Valdez, and C. Wilson) READ FIRST TIME 02/24/23. p. 1 E2SSB 5144.SL posed by the end-of-life management of batteries. Because it is 1 difficult for customers to differentiate between types and 2 chemistries of batteries, it is the best practice for battery 3 stewardship programs to collect all battery types and chemistries. 4 Furthermore, it is appropriate for larger batteries used in emerging 5 market sectors such as electric vehicles, solar power arrays, and 6 data centers, to be managed to ensure environmentally positive 7 outcomes similar to those achieved by a battery stewardship program, 8 both because of the potential economic value of large batteries used 9 for these purposes and the anticipated profusion of these larger 10 batteries as these market sectors mature. 11 NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this 12 section apply throughout this chapter unless the context clearly 13 requires otherwise.14 (1)(a) "Battery-containing product" means a product that contains 15 or is packaged with rechargeable or primary batteries that are 16 covered batteries. 17 (b) A "battery-containing product" does not include a covered 18 electronic product under an approved plan implemented under chapter 19 70A.500 RCW . 20 (2) "Battery management hierarchy" means a management system of 21 covered batteries prioritized in descending order as follows:22 (a) Waste prevention and reduction; 23 (b) Reuse, when reuse is appropriate; 24 (c) Recycling, as defined in this chapter; and25 (d) Other means of end-of-life management, which may only be 26 utilized after demonstrating to the department that it is not 27 feasible to manage the batteries under the higher priority options in 28 (a) through (c) of this subsection. 29 (3) "Battery stewardship organization" means a producer that 30 directly implements a battery stewardship plan required under this 31 chapter or a nonprofit organization designated by a producer or group 32 of producers to implement a battery stewardship plan required under 33 this chapter. 34 (4) "Collection rate" means a percentage, by weight, that a 35 battery stewardship organization collects that is calculated by 36 dividing the total weight of primary and rechargeable batteries 37 collected during the previous calendar year by the average annual 38 weight of primary and rechargeable batteries that were estimated to 39 p. 2 E2SSB 5144.SL have been sold in the state by all producers participating in an 1 approved battery stewardship plan during the previous three calendar 2 years. 3 (5)(a) "Covered battery" means a portable battery or, beginning 4 January 1, 2029, a medium format battery. 5 (b) "Covered battery" does not include: 6 (i) A battery contained within a medical device, as specified in 7 Title 21 U.S.C. Sec. 321 (h) as it existed as of the effective date of 8 this section, that is not designed and marketed for sale or resale 9 principally to consumers for personal use; 10 (ii) A battery that contains an electrolyte as a free liquid;11 (iii) A lead acid battery weighing greater than 11 pounds;12 (iv) A battery subject to the provisions of RCW 70A.205.505 13 through 70A.205.530; and 14 (v) A battery in a battery-containing product that is not 15 intended or designed to be easily removable from the battery-16 containing product. 17 (6) "Department" means the department of ecology.18 (7) "Easily removable" means designed by the manufacturer to be 19 removable by the user of the product with no more than commonly used 20 household tools. 21 (8) "Environmentally sound management practices" means practices 22 that: (a) Comply with all applicable laws and rules to protect 23 workers, public health, and the environment; (b) provide for adequate 24 recordkeeping, tracking, and documenting of the fate of materials 25 within the state and beyond; and (c) include comprehensive liability 26 coverage for the battery stewardship organization, including 27 environmental liability coverage that is commercially practicable.28 (9) "Final disposition" means the final processing of a collected 29 battery to produce usable end products, at the point where the 30 battery has been reduced to its constituent parts, reusable portions 31 made available for use, and any residues handled as wastes in 32 accordance with applicable law. 33 (10) "Large format battery" means: 34 (a) A rechargeable battery that weighs more than 25 pounds or has 35 a rating of more than 2,000 watt-hours; or 36 (b) A primary battery that weighs more than 25 pounds.37 (11) "Medium format battery" means the following primary or 38 rechargeable covered batteries: 39 p. 3 E2SSB 5144.SL (a) For rechargeable batteries, a battery weighing more than 11 1 pounds or has a rating of more than 300 watt-hours, or both, and no 2 more than 25 pounds and has a rating of no more than 2,000 watt-3 hours; 4 (b) For primary batteries, a battery weighing more than 4.4 5 pounds but not more than 25 pounds. 6 (12) "Portable battery" means the following primary or 7 rechargeable covered batteries: 8 (a) For rechargeable batteries, a battery weighing no more than 9 11 pounds and has a rating of no more than 300 watt-hours;10 (b) For primary batteries, a battery weighing no more than 4.4 11 pounds. 12 (13) "Primary battery" means a battery that is not capable of 13 being recharged. 14 (14)(a) "Producer" means the following person responsible for 15 compliance with requirements under this chapter for a covered battery 16 or battery-containing product sold, offered for sale, or distributed 17 in or into this state: 18 (i) For covered batteries: 19 (A) If the battery is sold under the brand of the battery 20 manufacturer, the producer is the person that manufactures the 21 battery; 22 (B) If the battery is sold under a retail brand or under a brand 23 owned by a person other than the manufacturer, the producer is the 24 brand owner; 25 (C) If there is no person to which (a)(i)(A) or (B) of this 26 subsection applies, the producer is the person that is the licensee 27 of a brand or trademark under which the battery is used in a 28 commercial enterprise, sold, offered for sale, or distributed in or 29 into this state, whether or not the trademark is registered in this 30 state; 31 (D) If there is no person described in (a)(i)(A) through (C) of 32 this subsection within the United States, the producer is the person 33 who is the importer of record for the battery into the United States 34 for use in a commercial enterprise that sells, offers for sale, or 35 distributes the battery in this state; 36 (E) If there is no person described in (a)(i)(A) through (D) of 37 this subsection with a commercial presence within the state, the 38 producer is the person who first sells, offers for sale, or 39 distributes the battery in or into this state. 40 p. 4 E2SSB 5144.SL (ii) For covered battery-containing products: 1 (A) If the battery-containing product is sold under the brand of 2 the product manufacturer, the producer is the person that 3 manufactures the product; 4 (B) If the battery-containing product is sold under a retail 5 brand or under a brand owned by a person other than the manufacturer, 6 the producer is the brand owner; 7 (C) If there is no person to which (a)(ii)(A) or (B) of this 8 subsection applies, the producer is the person that is the licensee 9 of a brand or trademark under which the product is used in a 10 commercial enterprise, sold, offered for sale, or distributed in or 11 into this state, whether or not the trademark is registered in this 12 state; 13 (D) If there is no person described in (a)(ii)(A) through (C) of 14 this subsection within the United States, the producer is the person 15 who is the importer of record for the product into the United States 16 for use in a commercial enterprise that sells, offers for sale, or 17 distributes the product in this state; 18 (E) If there is no person described in (a)(ii)(A) through (D) of 19 this subsection with a commercial presence within the state, the 20 producer is the person who first sells, offers for sale, or 21 distributes the product in or into this state; 22 (F) A producer does not include any person who only manufactures, 23 sells, offers for sale, distributes, or imports into the state a 24 battery-containing product if the only batteries used by the battery-25 containing product are supplied by a producer that has joined a 26 registered battery stewardship organization as the producer for that 27 covered battery under this chapter. Such a producer of covered 28 batteries that are included in a battery-containing product must 29 provide written certification of that membership to both the producer 30 of the covered battery-containing product and the battery stewardship 31 organization of which the battery producer is a member.32 (b) A person is the "producer" of a covered battery or covered 33 battery-containing product sold, offered for sale, or distributed in 34 or into this state, as defined in (a) of this subsection, except 35 where another party has contractually accepted responsibility as a 36 responsible producer and has joined a registered battery stewardship 37 organization as the producer for that covered battery or covered 38 battery-containing product under this chapter. 39 p. 5 E2SSB 5144.SL (15) "Program" means a program implemented by a battery 1 stewardship organization consistent with an approved battery 2 stewardship plan. 3 (16) "Rechargeable battery" means a battery that contains one or 4 more voltaic or galvanic cells, electrically connected to produce 5 electric energy, designed to be recharged. 6 (17) "Recycling" means transforming or remanufacturing waste 7 materials into usable or marketable materials for use other than:8 (a) Combustion; 9 (b) Incineration; 10 (c) Energy generation; 11 (d) Fuel production; or 12 (e) Beneficial reuse in the construction and operation of a solid 13 waste landfill, including use of alternative daily cover.14 (18) "Recycling efficiency rate" means the ratio of the weight of 15 covered battery components and materials recycled by a program 16 operator from covered batteries to the weight of those covered 17 batteries collected by the program operator. 18 (19) "Retailer" means a person who sells covered batteries or 19 battery-containing products in or into this state or offers or 20 otherwise makes available covered batteries or battery-containing 21 products to a customer, including other businesses, for use by the 22 customer in this state. 23 (20) "Urban area" means an area delineated by the United States 24 census bureau, based on a minimum threshold of 2,000 housing units or 25 5,000 people, as of January 1, 2023. 26 NEW SECTION. Sec. 3. REQUIREMENT THAT PRODUCERS IMPLEMENT A 27 STEWARDSHIP PLAN. Beginning January 1, 2027:28 (1) Each producer selling, making available for sale, or 29 distributing covered batteries or battery-containing products in or 30 into the state of Washington shall participate in an approved 31 Washington state battery stewardship plan through participation in 32 and appropriate funding of a battery stewardship organization; and33 (2) A producer that does not participate in a battery stewardship 34 organization and battery stewardship plan may not sell covered 35 batteries or battery-containing products covered by this chapter in 36 or into Washington. 37 p. 6 E2SSB 5144.SL NEW SECTION. Sec. 4. ROLE OF RETAILERS. (1) Beginning July 1, 1 2027, for portable batteries, and July 1, 2029, for medium format 2 batteries, a retailer may not sell, offer for sale, distribute, or 3 otherwise make available for sale a covered battery or battery-4 containing product unless the producer of the covered battery or 5 battery-containing product certifies to the retailer that the 6 producer participates in a battery stewardship organization whose 7 plan has been approved by the department.8 (2) A retailer is in compliance with the requirements of 9 subsection (1) of this section and is not subject to penalties under 10 section 12 of this act as long as the website made available by the 11 department under section 11 of this act lists, as of the date a 12 product is made available for retail sale, a producer or brand of 13 covered battery or battery-containing product sold by the retailer as 14 being a participant in an approved plan or the implementer of an 15 approved plan. 16 (3) Retailers of covered batteries or battery-containing products 17 are not required to make retail locations available to serve as 18 collection sites for a stewardship program operated by a battery 19 stewardship organization. Retailers that serve as a collection site 20 must comply with the requirements for collection sites, consistent 21 with section 8 of this act. 22 (4) A retailer may not sell, offer for sale, distribute, or 23 otherwise make available for sale covered batteries, unless those 24 batteries are marked consistent with the requirements of section 14 25 of this act. A producer of a battery-containing product containing a 26 covered battery must certify to the retailers of their product that 27 the battery contained in the battery-containing product is marked 28 consistent with the requirements of section 14 of this act. A 29 retailer may rely on this certification for purposes of compliance 30 under this subsection. 31 (5) A retailer selling or offering covered batteries or battery-32 containing products for sale in Washington may provide information, 33 provided to the retailer by the battery stewardship organization, 34 regarding available end-of-life management options for covered 35 batteries collected by the battery stewardship organization. The 36 information that a battery stewardship organization must make 37 available to retailers for voluntary use by retailers must include, 38 but is not limited to, in-store signage, written materials, and other 39 promotional materials that retailers may use to inform customers of 40 p. 7 E2SSB 5144.SL the available end-of-life management options for covered batteries 1 collected by the battery stewardship organization. 2 (6) Retailers, producers, or battery stewardship organizations 3 may not charge a specific point-of-sale fee to consumers to cover the 4 administrative or operational costs of the battery stewardship 5 organization or the battery stewardship program. 6 NEW SECTION. Sec. 5. STEWARDSHIP PLAN COMPONENTS. (1) By July 7 1, 2026, or within six months of the adoption of rules under section 8 11 of this act, whichever comes later, each battery stewardship 9 organization must submit a plan for covered portable batteries to the 10 department for approval. Within 24 months of the date of the initial 11 adoption of rules under this chapter by the department, each battery 12 stewardship organization must submit a plan for covered medium format 13 batteries to the department for approval. A battery stewardship 14 organization may submit a plan at any time to the department for 15 review and approval. The department must review and may approve a 16 plan based on whether it contains and adequately addresses the 17 following components:18 (a) Lists and provides contact information for each producer, 19 battery brand, and battery-containing product brand covered in the 20 plan; 21 (b) Proposes performance goals, consistent with section 6 of this 22 act, including establishing performance goals for each of the next 23 three upcoming calendar years of program implementation;24 (c) Describes how the battery stewardship organization will make 25 retailers aware of their obligation to sell only covered batteries 26 and battery-containing products of producers participating in an 27 approved plan; 28 (d) Describes the education and communications strategy being 29 implemented to effectively promote participation in the approved 30 covered battery stewardship program and provide the information 31 necessary for effective participation of consumers, retailers, and 32 others; 33 (e) Describes how the battery stewardship organization will make 34 available to retailers, for voluntary use, in-store signage, written 35 materials, and other promotional materials that retailers may use to 36 inform customers of the available end-of-life management options for 37 covered batteries collected by the battery stewardship organization;38 p. 8 E2SSB 5144.SL (f) Lists promotional activities to be undertaken, and the 1 identification of consumer awareness goals and strategies that the 2 program will employ to achieve these goals after the program begins 3 to be implemented; 4 (g) Includes collection site safety training procedures related 5 to covered battery collection activities at collection sites, 6 including appropriate protocols to reduce risks of spills or fires 7 and response protocols in the event of a spill or fire, and a 8 protocol for safe management of damaged batteries that are returned 9 to collection sites; 10 (h) Describes the method to establish and administer a means for 11 fully funding the program in a manner that equitably distributes the 12 program's costs among the producers that are part of the battery 13 stewardship organization. For producers that elect to meet the 14 requirements of this chapter individually, without joining a battery 15 stewardship organization, the plan must describe the proposed method 16 to establish and administer a means for fully funding the program;17 (i) Describes the financing methods used to implement the plan, 18 consistent with section 7 of this act, including how producer fees 19 and fee modulation will incorporate design for recycling and resource 20 conservation as objectives, and a template reimbursement agreement, 21 developed in consultation with local governments and other program 22 stakeholders; 23 (j) Describes how the program will collect all covered battery 24 chemistries and brands on a free, continuous, convenient, visible, 25 and accessible basis, and consistent with the requirements of section 26 8 of this act, including a description of how the statewide 27 convenience standard will be met and a list of collection sites, 28 including the address and latitude and longitude of collection sites;29 (k) Describes the criteria to be used in the program to determine 30 whether an entity may serve as a collection site for discarded 31 batteries under the program; 32 (l) Establishes collection goals for each of the first three 33 years of implementation of the battery stewardship plan that are 34 based on the estimated total weight of primary and rechargeable 35 covered batteries that have been sold in the state in the previous 36 three calendar years by the producers participating in the battery 37 stewardship plan; 38 p. 9 E2SSB 5144.SL (m) Identifies proposed brokers, transporters, processors, and 1 facilities to be used by the program for the final disposition of 2 batteries and how collected batteries will be managed in:3 (i) An environmentally sound and socially just manner at 4 facilities operating with human health and environmental protection 5 standards that are broadly equivalent to or better than those 6 required in the United States and other countries that are members of 7 the battery stewardship organization for economic cooperation and 8 development; and 9 (ii) A manner consistent with the battery management hierarchy, 10 including how each proposed facility used for the final disposition 11 of batteries will recycle or otherwise manage batteries;12 (n) Details how the program will achieve a recycling efficiency 13 rate, calculated consistent with section 10 of this act, of at least 14 60 percent for rechargeable batteries and at least 70 percent for 15 primary batteries; 16 (o) Proposes goals for increasing public awareness of the 17 program, including subgoals applicable to public awareness of the 18 program in vulnerable populations and overburdened communities 19 identified by the department under chapter 70A.02 RCW, and describes 20 how the public education and outreach components of the program under 21 section 9 of this act will be implemented; and 22 (p) Specifies procedures to be employed by a local government 23 seeking to coordinate with a battery stewardship organization 24 pursuant to section 8 (4)(c) of this act. 25 (2) If required by the department, a battery stewardship 26 organization must submit a new plan to the department for approval:27 (a) If there are significant changes to the methods of 28 collection, transport, or end-of-life management of covered batteries 29 under section 8 of this act that are not provided for in the plan. 30 The department may, by rule, identify the types of significant 31 changes that require a new plan to be submitted to the department for 32 approval. For purposes of this subsection, adding or removing a 33 processor or transporter under the plan is not considered a 34 significant change that requires a plan resubmittal;35 (b) To address the novel inclusion of medium format batteries or 36 large format batteries as covered batteries under the plan; and37 (c) No less than every five years. 38 p. 10 E2SSB 5144.SL (3) If required by the department, a battery stewardship 1 organization must provide plan amendments to the department for 2 approval: 3 (a) When proposing changes to the performance goals under section 4 6 of this act based on the up-to-date experience of the program;5 (b) When there is a change to the method of financing plan 6 implementation under section 7 of this act. This does not include 7 changes to the fees or fee structure established in the plan; or8 (c) When adding or removing a processor or transporter, as part 9 of a quarterly update submitted to the department.10 (4) As part of a quarterly update, a battery stewardship 11 organization must notify the department after a producer begins or 12 ceases to participate in a battery stewardship organization. The 13 quarterly update submitted to the department must also include a 14 current list of the producers and brands participating in the plan.15 (5) No earlier than five years after the initial approval of a 16 plan, the department may require a battery stewardship organization 17 to submit a revised plan, which may include improvements to the 18 collection site network or increased expenditures dedicated to 19 education and outreach if the approved plan has not met the 20 performance goals under section 6 of this act. 21 NEW SECTION. Sec. 6. STEWARDSHIP PROGRAM COMPONENTS —PERFORMANCE 22 GOALS. (1) Each battery stewardship plan must include performance 23 goals that measure, on an annual basis, the achievements of the 24 program. Performance goals must take into consideration technical 25 feasibility and economic practicality in achieving continuous, 26 meaningful progress in improving:27 (a) The rate of battery collection for recycling in Washington;28 (b) The recycling efficiency of the program; and29 (c) Public awareness of the program. 30 (2) The performance goals established in each battery stewardship 31 plan must include, but are not limited to: 32 (a) Target collection rates; 33 (b) Target recycling efficiency rates of at least 60 percent for 34 rechargeable batteries and at least 70 percent for primary batteries; 35 and 36 (c) Goals for public awareness, convenience, and accessibility 37 that meet or exceed the minimum requirements established in section 8 38 of this act. 39 p. 11 E2SSB 5144.SL NEW SECTION. Sec. 7. STEWARDSHIP PROGRAM COMPONENTS —FUNDING. 1 (1) Each battery stewardship organization must ensure adequate 2 funding is available to fully implement approved battery stewardship 3 plans, including the implementation of aspects of the plan 4 addressing:5 (a) Battery collection, transporting, and processing;6 (b) Education and outreach; 7 (c) Program evaluation; and 8 (d) Payment of the administrative fees to the department under 9 section 11 of this act. 10 (2) A battery stewardship organization implementing a battery 11 stewardship plan on behalf of producers must develop, and continually 12 improve over the years of program implementation, a system to collect 13 charges from participating producers to cover the costs of plan 14 implementation in an environmentally sound and socially just manner 15 that encourages the use of design attributes that reduce the 16 environmental impacts of covered batteries, such as through the use 17 of eco-modulated fees. Examples of fee structures that meet the 18 requirements of this subsection include using eco-modulated fees to:19 (a) Encourage designs intended to facilitate reuse and recycling;20 (b) Encourage the use of recycled content; 21 (c) Discourage the use of problematic materials that increase 22 system costs of managing covered batteries; and 23 (d) Encourage other design attributes that reduce the 24 environmental impacts of covered batteries. 25 (3)(a) Except for costs incurred by a local government or local 26 government facility exercising the authority specified in section 27 8(4)(c) of this act, each battery stewardship organization is 28 responsible for all costs of participating covered battery 29 collection, transportation, processing, education, administration, 30 agency reimbursement, recycling, and end-of-life management in 31 accordance with the battery management hierarchy and environmentally 32 sound management practices. 33 (b) Each battery stewardship organization must meet the 34 collection goals as specified in section 5 of this act.35 (c) A battery stewardship organization is not authorized to 36 reduce or cease collection, education and outreach, or other 37 activities implemented under an approved plan based on achievement of 38 program performance goals. 39 p. 12 E2SSB 5144.SL (4)(a) Except for costs incurred by a local government or local 1 government facility exercising the authority granted by section 2 8(4)(c) of this act, a battery stewardship organization must 3 reimburse local governments for demonstrable costs, as defined by 4 rules adopted by the department, incurred as a result of a local 5 government facility or solid waste handling facility serving as a 6 collection site for a program including, but not limited to, 7 associated labor costs and other costs associated with accessibility 8 and collection site standards such as storage. 9 (b) Except as to the costs of containers and other materials and 10 services requirements addressed by a local government or local 11 government facility exercising the authority granted by section 12 8(4)(c) of this act, a battery stewardship organization shall at a 13 minimum provide collection sites with appropriate containers for 14 covered batteries subject to its program, training, signage, safety 15 guidance, and educational materials, at no cost to the collection 16 sites. 17 (c) A battery stewardship organization must include in its 18 battery stewardship plan a template of the service agreement and any 19 other forms, contracts, or other documents for use in distribution of 20 reimbursements. The service agreement template must be developed with 21 local government input. The entities seeking or receiving 22 reimbursement from the battery stewardship organization are not 23 required to use the template agreement included in the program plan 24 and are not limited to the terms of the template agreement included 25 in the program plan. 26 NEW SECTION. Sec. 8. STEWARDSHIP PROGRAM COMPONENTS —COLLECTION 27 AND MANAGEMENT REQUIREMENTS. (1) Battery stewardship organizations 28 implementing a battery stewardship plan must provide for the 29 collection of all covered batteries, including all chemistries and 30 brands of covered batteries, on a free, continuous, convenient, 31 visible, and accessible basis to any person, business, government 32 agency, or nonprofit organization. Except as provided in subsection 33 (2)(b) of this section, each battery stewardship plan must allow any 34 person, business, government agency, or nonprofit organization to 35 discard each chemistry and brand of covered battery at each 36 collection site that counts towards the satisfaction of the 37 collection site criteria in subsection (3) of this section.38 p. 13 E2SSB 5144.SL (2)(a) Except for local government collection described in 1 subsection (4)(c) of this section, for each collection site utilized 2 by the program, each battery stewardship organization must provide 3 suitable collection containers for covered batteries that are 4 segregated from other solid waste or make mutually agreeable 5 alternative arrangements for the collection of batteries at the site. 6 The location of collection containers at each collection site used by 7 the program must be within view of a responsible person and must be 8 accompanied by signage made available to the collection site by the 9 battery stewardship organization that informs customers regarding the 10 end-of-life management options for batteries provided by the 11 collection site under this chapter. Each collection site must adhere 12 to the operations manual and other safety information provided to the 13 collection site by the battery stewardship organization.14 (b) Medium format batteries may only be collected at household 15 hazardous waste collection sites or other sites that are staffed by 16 persons who are certified to handle and ship hazardous materials 17 under federal regulations adopted by the United States department of 18 transportation pipeline and hazardous materials safety 19 administration. 20 (c)(i) Damaged and defective batteries are intended to be 21 collected at collection sites staffed by persons trained to handle 22 and ship those batteries. 23 (ii) Each battery stewardship organization must provide for 24 collection of damaged and defective batteries in each county of the 25 state, either through collection sites or collection events with 26 qualified staff as specified in (c)(i) of this subsection. Collection 27 events should be provided periodically throughout the year where 28 practicable, but must be provided at least once per year at a 29 minimum, in each county in which there are not permanent collection 30 sites providing for the collection of damaged and defective 31 batteries. 32 (iii) As used in this subsection, "damaged and defective 33 batteries" means batteries that have been damaged or identified by 34 the manufacturer as being defective for safety reasons, that have the 35 potential of producing a dangerous evolution of heat, fire, or short 36 circuit, as referred to in 49 C.F.R. Sec. 173.185 (f) as of January 1, 37 2023, or as updated by the department by rule to maintain consistency 38 with federal standards. 39 p. 14 E2SSB 5144.SL (3)(a) Each battery stewardship organization implementing a 1 battery stewardship plan shall ensure statewide collection 2 opportunities for all covered batteries. Battery stewardship 3 organizations shall coordinate activities with other program 4 operators, including covered battery collection and recycle programs 5 and electronic waste recyclers, with regard to the proper management 6 or recycling of collected covered batteries, for purposes of 7 providing the efficient delivery of services and avoiding unnecessary 8 duplication of effort and expense. Statewide collection opportunities 9 must be determined by geographic information modeling that considers 10 permanent collection sites. A program may rely, in part, on 11 collection events to supplement the permanent collection services 12 required in (a) and (b) of this subsection. However, only permanent 13 collection services specified in (a) and (b) of this subsection 14 qualify towards the satisfaction of the requirements of this 15 subsection. 16 (b) For portable batteries, each battery stewardship organization 17 must provide statewide collection opportunities that include, but are 18 not limited to, the provision of: 19 (i) At least one permanent collection site for portable batteries 20 within a 15 mile radius for at least 95 percent of Washington 21 residents; 22 (ii) The establishment of collection sites that are accessible 23 and convenient to overburdened communities identified by the 24 department under chapter 70A.02 RCW, in an amount that is roughly 25 proportional to the number and population of overburdened communities 26 identified by the department under chapter 70A.02 RCW relative to the 27 population or size of the state as a whole; 28 (iii) At least one permanent collection site for portable 29 batteries in addition to those required in (b)(i) of this subsection 30 for every 30,000 residents of each urban area in this state. For the 31 purposes of compliance with this subsection (3)(b)(iii), a battery 32 stewardship organization and the department may rely upon new or 33 updated designations of urban locations by the United States census 34 bureau that are determined by the department to be similar to the 35 definition of urban areas in section 2 of this act;36 (iv) Collection opportunities for portable batteries at special 37 locations where batteries are often spent and replaced, such as 38 supervised locations at parks with stores and campgrounds; and39 p. 15 E2SSB 5144.SL (v) Service to areas without a permanent collection site, 1 including service to island and geographically isolated communities 2 without a permanent collection site. 3 (c) For medium format batteries, a battery stewardship 4 organization must provide statewide collection opportunities that 5 include, but are not limited to, the provision of: 6 (i) At least 25 permanent collection sites in Washington;7 (ii) Reasonable geographic dispersion of collection sites 8 throughout the state; 9 (iii) A collection site in each county of at least 200,000 10 persons, as determined by the most recent population estimate of the 11 office of financial management; 12 (iv) The establishment of collection sites that are accessible to 13 public transit and that are convenient to overburdened communities 14 identified by the department under chapter 70A.02 RCW ; and15 (v) Service to areas without a permanent collection site, 16 including service to island and geographically isolated communities. 17 A battery stewardship organization must ensure that there is a 18 collection site or annual collection event in each county of the 19 state. Collection events should be provided periodically throughout 20 the year where practicable, but must be provided at least once per 21 year at a minimum in each county in which there are not permanent 22 collection sites providing for the collection of damaged and 23 defective batteries. 24 (4)(a) Battery stewardship programs must use existing public and 25 private waste collection services and facilities, including battery 26 collection sites that are established through other battery 27 collection services, transporters, consolidators, processors, and 28 retailers, where cost-effective, mutually agreeable, and otherwise 29 practicable. 30 (b)(i) Battery stewardship programs must use as a collection site 31 for covered batteries any retailer, wholesaler, municipality, solid 32 waste management facility, or other entity that meets the criteria 33 for collection sites in the approved plan, upon the submission of a 34 request by the entity to the battery stewardship organization to 35 serve as a collection site. 36 (ii) Battery stewardship programs must use as a site for a 37 collection event for covered batteries any retailer, wholesaler, 38 municipality, solid waste management facility, or other entity that 39 meets the criteria for collection events in the approved plan, upon 40 p. 16 E2SSB 5144.SL the submission of a request by the entity to the battery stewardship 1 organization to serve as a site for a collection event. A signed 2 agreement between a battery stewardship organization and the entity 3 requesting to hold a collection event must be established at least 60 4 days prior to any collection of covered batteries under a stewardship 5 program. All costs associated with collection events initiated by an 6 entity other than a battery stewardship organization are the sole 7 responsibility of the entity unless otherwise agreed upon by a 8 battery stewardship organization. A collection event under this 9 subsection (4)(b)(ii) must allow any person to discard each chemistry 10 and brand of covered battery at the collection event.11 (c)(i) A local government facility may collect batteries at its 12 own expense through a collection site or temporary collection event 13 that is not a collection site or event under the program implemented 14 by a battery stewardship organization. A local government facility 15 that collects covered batteries under this subsection must, in 16 accordance with procedures set forth in battery stewardship 17 organization plans approved by the department: 18 (A) Notify battery stewardship organizations of the local 19 government facility's decision to operate a collection site that is 20 not a collection site under a program established under this chapter;21 (B) Collect each chemistry and brand of covered battery at its 22 collection site or sites; 23 (C) Collect, sort, and package collected materials in a manner 24 that meets the standards established in a battery stewardship 25 organization plan approved by the department; 26 (D) Either provide the collected batteries to the battery 27 stewardship organization in lawful transportation containers for it 28 to transfer the collected batteries at a processing facility the 29 battery stewardship organization has approved, or transport to, or 30 arrange for the transportation of collected batteries for processing 31 at a facility that a battery stewardship organization has approved 32 under a plan approved by the department. 33 (ii) A local government facility that collects materials at a 34 collection site or temporary collection event operating outside of a 35 battery stewardship program must also report, to a battery 36 stewardship organization, information necessary for the battery 37 stewardship organization to fulfill its reporting obligations under 38 section 10 of this act. A battery stewardship organization may count 39 materials collected by a local government facility under this 40 p. 17 E2SSB 5144.SL subsection (4)(c) towards the achievement of performance requirements 1 established in section 6 of this act. 2 (d) A battery stewardship organization may suspend or terminate a 3 collection site or service that does not adhere to the collection 4 site criteria in the approved plan or that poses an immediate health 5 and safety concern. 6 (5)(a) Stewardship programs are not required to provide for the 7 collection of battery-containing products. 8 (b) Stewardship programs are not required to provide for the 9 collection of batteries that: 10 (i) Are not easily removable from the product other than by the 11 manufacturer; and 12 (ii) Remain contained in a battery-containing product at the time 13 of delivery to a collection site. 14 (c) Stewardship programs are required to provide for the 15 collection of loose batteries. 16 (d) Stewardship programs are not required to provide for the 17 collection of batteries still contained in covered electronic 18 products under chapter 70A.500 RCW . 19 (6) Batteries collected by the program must be managed consistent 20 with the battery management hierarchy. Lower priority end-of-life 21 battery management options on the battery management hierarchy may be 22 used by a program only when a battery stewardship organization 23 documents to the department that all higher priority battery 24 management options on the battery management hierarchy are not 25 technologically feasible or economically practical.26 NEW SECTION. Sec. 9. STEWARDSHIP PROGRAM COMPONENTS —EDUCATION 27 AND OUTREACH REQUIREMENTS. (1) Each battery stewardship organization 28 must carry out promotional activities in support of plan 29 implementation including, but not limited to, the development:30 (a) And maintenance of a website; 31 (b) And distribution of periodic press releases and articles;32 (c) And placement of advertisements for use on social media or 33 other relevant media platforms; 34 (d) Of promotional materials about the program and the 35 restriction on the disposal of covered batteries in section 15 of 36 this act to be used by retailers, government agencies, and nonprofit 37 organizations; 38 p. 18 E2SSB 5144.SL (e) And distribution of collection site safety training 1 procedures that are in compliance with state law to collection sites 2 to help ensure proper management of covered batteries at collection 3 sites; and 4 (f) And implementation of outreach and educational resources 5 targeted to overburdened communities and vulnerable populations 6 identified by the department under chapter 70A.02 RCW that are 7 conceptually, linguistically, and culturally accurate for the 8 communities served and reach the state's diverse ethnic populations, 9 including through meaningful consultation with communities that bear 10 disproportionately higher levels of adverse environmental and social 11 justice impacts. 12 (2) Each battery stewardship organization must provide:13 (a) Consumer-focused educational promotional materials to each 14 collection site used by the program and accessible by customers of 15 retailers that sell covered batteries or battery-containing products; 16 and 17 (b) Safety information related to covered battery collection 18 activities to the operator of each collection site, including 19 appropriate protocols to reduce risks of spills or fires and response 20 protocols in the event of a spill or fire. 21 (3)(a) Each battery stewardship organization must provide 22 educational materials to the operator of each collection site for the 23 management of recalled batteries, which are not intended to be part 24 of collection as provided under section 8 of this act, to help 25 facilitate transportation and processing of recalled batteries.26 (b) A battery stewardship organization may seek reimbursement 27 from the producer of the recalled battery for expenses incurred in 28 the collection, transportation, or processing of those batteries.29 (4) Upon request by a retailer, the battery stewardship 30 organization must provide the retailer educational materials 31 describing collection opportunities for batteries.32 (5) If multiple battery stewardship organizations are 33 implementing plans approved by the department, the battery 34 stewardship organizations must coordinate in carrying out their 35 education and outreach responsibilities under this section and must 36 include in their annual reports to the department under section 10 of 37 this act a summary of their coordinated education and outreach 38 efforts. 39 p. 19 E2SSB 5144.SL (6) During the first year of program implementation and every 1 five years thereafter, each battery stewardship organization must 2 carry out a survey of public awareness regarding the requirements of 3 the program established under this chapter, including the provisions 4 of section 15 of this act. Each battery stewardship organization must 5 share the results of the public awareness surveys with the 6 department. 7 NEW SECTION. Sec. 10. REPORTING REQUIREMENTS. (1) By June 1, 8 2028, and each June 1st thereafter, each battery stewardship 9 organization must submit an annual report to the department covering 10 the preceding calendar year of battery stewardship plan 11 implementation. The report must include:12 (a) An independent financial assessment of a program implemented 13 by the battery stewardship organization, including a breakdown of the 14 program's expenses, such as collection, recycling, education, and 15 overhead, when required by the department; 16 (b) A summary financial statement documenting the financing of a 17 battery stewardship organization's program and an analysis of program 18 costs and expenditures, including an analysis of the program's 19 expenses, such as collection, transportation, recycling, education, 20 and administrative overhead. The summary financial statement must be 21 sufficiently detailed to provide transparency that funds collected 22 from producers as a result of their activities in Washington are 23 spent on program implementation in Washington. Battery stewardship 24 organizations implementing similar battery stewardship programs in 25 multiple states may submit a financial statement including all 26 covered states, as long as the statement breaks out financial 27 information pertinent to Washington; 28 (c) The weight, by chemistry, of covered batteries collected 29 under the program; 30 (d) The weight of materials recycled from covered batteries 31 collected under the program, in total, and by method of battery 32 recycling; 33 (e) A calculation of the recycling efficiency rates, as measured 34 consistent with subsection (2) of this section; 35 (f) For each facility used for the final disposition of 36 batteries, a description of how the facility recycled or otherwise 37 disposed of batteries and battery components; 38 p. 20 E2SSB 5144.SL (g) The weight and chemistry of batteries sent to each facility 1 used for the final disposition of batteries. The information in this 2 subsection (1)(g) may be approximated for program operations in 3 Washington based on extrapolations of national or regional data for 4 programs in operation in multiple states; 5 (h) The collection rate achieved under the program, including a 6 description of how this collection rate was calculated;7 (i) The estimated aggregate sales, by weight and chemistry, of 8 batteries and batteries contained in or with battery-containing 9 products sold in Washington by participating producers for each of 10 the previous three calendar years; 11 (j) A description of the manner in which the collected batteries 12 were managed and recycled, including a discussion of best available 13 technologies and the recycling efficiency rate; 14 (k) A description of education and outreach efforts supporting 15 plan implementation including, but not limited to, a summary of 16 education and outreach provided to consumers, collection sites, 17 manufacturers, distributors, and retailers by the program operator 18 for the purpose of promoting the collection and recycling of covered 19 batteries, a description of how that education and outreach met the 20 requirements of section 9 of this act, samples of education and 21 outreach materials, a summary of coordinated education and outreach 22 efforts with any other battery stewardship organizations implementing 23 a plan approved by the department, and a summary of any changes made 24 during the previous calendar year to education and outreach 25 activities; 26 (l) A list of all collection sites and accompanying latitude and 27 longitude data and an address for each listed site, and an up-to-date 28 map indicating the location of all collection sites used to implement 29 the program, with links to appropriate websites where there are 30 existing websites associated with a site; 31 (m) A description of methods used to collect, transport, and 32 recycle covered batteries by the battery stewardship organization;33 (n) A summary on progress made towards the program performance 34 goals established under section 6 of this act, and an explanation of 35 why performance goals were not met, if applicable; and36 (o) An evaluation of the effectiveness of education and outreach 37 activities. 38 p. 21 E2SSB 5144.SL (2) The weight of batteries or recovered resources from those 1 batteries must only be counted once and may not be counted by more 2 than one battery stewardship organization. 3 (3) In addition to the requirements of subsection (1) of this 4 section, with respect to each facility used in the processing or 5 disposition of batteries collected under the program, the battery 6 stewardship organization must report: 7 (a) Whether the facility is located domestically, in an 8 organization for economic cooperation and development country, or in 9 a country that meets organization for economic cooperation and 10 development operating standards; and 11 (b) What facilities processed the batteries, including a summary 12 of any violations of environmental or labor laws and regulations over 13 the previous three years at each facility. 14 (4) If a battery stewardship organization has disposed of covered 15 batteries though energy recovery, incineration, or landfilling during 16 the preceding calendar year of program implementation, the annual 17 report must specify the steps that the battery stewardship 18 organization will take to make the recycling of covered batteries 19 cost-effective, where possible, or to otherwise increase battery 20 recycling rates achieved by the battery stewardship organization.21 (5) A producer or battery stewardship organization that submits 22 information or records to the department under this chapter may 23 request that the information or records be made available only for 24 the confidential use of the department, the director of the 25 department, or the appropriate division of the department. The 26 director of the department must consider the request and if this 27 action is not detrimental to the public interest and is otherwise in 28 accordance with the policies and purposes of chapter 43.21A RCW, the 29 director must grant the request for the information to remain 30 confidential as authorized in RCW 43.21A.160. 31 NEW SECTION. Sec. 11. FEE AND DEPARTMENT OF ECOLOGY ROLE. (1) 32 The department must adopt rules as necessary for the purpose of 33 implementing, administering, and enforcing this chapter. The 34 department must by rule establish fees, to be paid annually by a 35 battery stewardship organization, that are adequate to cover the 36 department's full costs of implementing, administering, and enforcing 37 this chapter and allocates costs between battery stewardship 38 organizations, if applicable. All fees must be based on costs related 39 p. 22 E2SSB 5144.SL to implementing, administering, and enforcing this chapter, not to 1 exceed expenses incurred by the department for these activities.2 (2) The responsibilities of the department in implementing, 3 administering, and enforcing this chapter include, but are not 4 limited to: 5 (a) Reviewing submitted stewardship plans and plan amendments and 6 making determinations as to whether to approve the plan or plan 7 amendment; 8 (i) The department must provide a letter of approval for the plan 9 or plan amendment if it provides for the establishment of a 10 stewardship program that meets the requirements of sections 3 through 11 9 of this act; 12 (ii) If a plan or plan amendment is rejected, the department must 13 provide the reasons for rejecting the plan to the battery stewardship 14 organization. The battery stewardship organization must submit a new 15 plan within 60 days after receipt of the letter of disapproval; and16 (iii) When a plan or an amendment to an approved plan is 17 submitted under this section, the department shall make the proposed 18 plan or amendment available for public review and comment for at 19 least 30 days; 20 (b) Reviewing annual reports submitted under section 10 of this 21 act within 90 days of submission to ensure compliance with that 22 section; 23 (c)(i) Maintaining a website that lists producers and their 24 brands that are participating in an approved plan, and that makes 25 available to the public each plan, plan amendment, and annual report 26 received by the department under this chapter; 27 (ii) Upon the date the first plan is approved, the department 28 must post on its website a list of producers and their brands for 29 which the department has approved a plan. The department must update 30 the list of producers and brands participating under an approved 31 program plan based on information provided to the department from 32 battery stewardship organizations; and 33 (d) Providing technical assistance to producers and retailers 34 related to the requirements of this chapter and issuing orders or 35 imposing civil penalties authorized under section 12 of this act 36 where the technical assistance efforts do not lead to compliance by a 37 producer or retailer. 38 (3) Beginning January 1, 2032, and every five years thereafter, 39 after consultation with battery stewardship organizations, the 40 p. 23 E2SSB 5144.SL department may by rule increase the minimum recycling efficiency 1 rates established in section 6 of this act based on the most 2 economically and technically feasible processes and methodology 3 available. 4 NEW SECTION. Sec. 12. PENALTIES AND CIVIL ACTION PROVISIONS. 5 (1)(a) A battery stewardship organization implementing an approved 6 plan may bring a civil action or actions to recover costs, damages, 7 and fees, as specified in this section, from a producer who sells or 8 otherwise makes available in Washington covered batteries or battery-9 containing products not included in an approved plan in violation of 10 the requirements of this chapter. An action under this section may be 11 brought against one or more defendants. An action may only be brought 12 against a defendant producer when the stewardship program incurs 13 costs in Washington, including reasonable incremental administrative 14 and program promotional costs, in excess of $1,000 to collect, 15 transport, and recycle or otherwise dispose of the covered batteries 16 or battery-containing products of a nonparticipating producer.17 (b) A battery stewardship organization may bring a civil action 18 against a producer of a recalled battery to recover costs associated 19 with handling a recalled battery. 20 (c) A battery stewardship organization implementing an approved 21 stewardship plan may bring a civil action against another battery 22 stewardship organization that under performs on its battery 23 collection obligations under this chapter by failing to collect and 24 provide for the end-of-life management of batteries in an amount 25 roughly equivalent to costs imposed on the plaintiff battery 26 stewardship organization by virtue of the failures of the defendants, 27 plus legal fees and expenses. 28 (d) The remedies provided in this subsection are in addition to 29 the enforcement authority of the department and do not limit and are 30 not limited by a decision by the department to impose a civil penalty 31 or issue an order under subsection (2) of this section. The 32 department is not required to audit, participate in, or provide 33 assistance to a battery stewardship organization pursuing a civil 34 action authorized under this subsection. 35 (2)(a) The department may administratively impose a civil penalty 36 on a person who violates this chapter in an amount of up to $1,000 37 per violation per day. 38 p. 24 E2SSB 5144.SL (b) The department may administratively impose a civil penalty of 1 up to $10,000 per violation per day on a person for repeated 2 violations of this chapter or failure to comply with an order issued 3 under (c) of this subsection. 4 (c) Whenever on the basis of any information the department 5 determines that a person has violated or is in violation of this 6 chapter, the department may issue an order requiring compliance. A 7 person who fails to take corrective action as specified in a 8 compliance order is liable for a civil penalty as provided in (b) of 9 this subsection, without receiving a written warning prescribed in 10 (e) of this subsection. 11 (d) A person who is issued an order or incurs a penalty under 12 this section may appeal the order or penalty to the pollution control 13 hearings board established by chapter 43.21B RCW . 14 (e) Prior to imposing penalties under this section, the 15 department must provide a producer, retailer, or battery stewardship 16 organization with a written warning for the first violation by the 17 producer, retailer, or battery stewardship organization of the 18 requirements of this chapter. The written warning must inform a 19 producer, retailer, or battery stewardship organization that it must 20 participate in an approved plan or otherwise come into compliance 21 with the requirements of this chapter within 30 days of the notice. A 22 producer, retailer, or battery stewardship organization that violates 23 a provision of this chapter after the initial written warning may be 24 assessed a penalty as provided in this subsection.25 (3) Penalties levied under subsection (2) of this section must be 26 deposited in the model toxics control operating account created in 27 RCW 70A.305.180. 28 (4) No penalty may be assessed on an individual or resident for 29 the improper disposal of covered batteries as described in section 15 30 of this act in a noncommercial or residential setting.31 NEW SECTION. Sec. 13. RESPONSIBLE BATTERY MANAGEMENT ACCOUNT. 32 The responsible battery management account is created in the custody 33 of the state treasurer. All receipts from fees paid under this 34 chapter must be deposited in the account. Only the director of the 35 department or the director's designee may authorize expenditures from 36 the account. The account is subject to allotment procedures under 37 chapter 43.88 RCW, but an appropriation is not required for 38 expenditures. Moneys in the account may be used solely by the 39 p. 25 E2SSB 5144.SL department for administering, implementing, and enforcing the 1 requirements of this chapter. Funds in the account may not be 2 diverted for any purpose or activity other than those specified in 3 this section. 4 NEW SECTION. Sec. 14. MARKING REQUIREMENTS FOR BATTERIES. (1) 5 Beginning January 1, 2028, a producer or retailer may only sell, 6 distribute, or offer for sale in or into Washington a large format 7 battery, covered battery, or battery-containing product that contains 8 a battery that is designed or intended to be easily removable from 9 the product, if the battery is:10 (a) Marked with an identification of the producer of the battery, 11 unless the battery is less than one-half inch in diameter or does not 12 contain a surface whose length exceeds one-half inch; and13 (b) Beginning January 1, 2030, marked with proper labeling to 14 ensure proper collection and recycling, by identifying the chemistry 15 of the battery and including an indication that the battery should 16 not be disposed of as household waste. 17 (2) A producer shall certify to its customers, or to the retailer 18 if the retailer is not the customer, that the requirements of this 19 section have been met, as provided in section 4 of this act.20 (3) The department may amend, by rule, the requirements of 21 subsection (1) of this section to maintain consistency with the 22 labeling requirements or voluntary standards for batteries 23 established in federal law. 24 NEW SECTION. Sec. 15. GENERAL BATTERY DISPOSAL AND COLLECTION 25 REQUIREMENTS. Effective July 1, 2027, for portable batteries and July 26 1, 2029, for medium format batteries, or the first date on which an 27 approved plan begins to be implemented under this chapter by a 28 battery stewardship organization, whichever comes first:29 (1) All persons must dispose of unwanted covered batteries 30 through one of the following disposal options: 31 (a) Disposal using the collection sites established by or 32 included in the programs created by this chapter; 33 (b) For covered batteries generated by persons that are regulated 34 generators of covered batteries under federal or state hazardous or 35 solid waste laws, disposal in a manner consistent with the 36 requirements of those laws; or 37 p. 26 E2SSB 5144.SL (c) Disposal using local government collection facilities that 1 collect batteries consistent with section 8 (4)(c) of this act.2 (2)(a) A fee may not be charged at the time unwanted covered 3 batteries are delivered or collected for management.4 (b) All covered batteries may only be collected, transported, and 5 processed in a manner that meets the standards established for a 6 battery stewardship organization in a plan approved by the 7 department, unless the batteries are being managed as described in 8 subsection (1)(b) of this section. 9 (3) A person may not place covered batteries in waste containers 10 for disposal at incinerators, waste to energy facilities, or 11 landfills. 12 (4) A person may not place covered batteries in or on a container 13 for mixed recyclables unless there is a separate location or 14 compartment for the covered battery that complies with local 15 government collection standards or guidelines. 16 (5) An owner or operator of a solid waste facility may not be 17 found in violation of this section if the facility has posted in a 18 conspicuous location a sign stating that covered batteries must be 19 managed through collection sites established by a battery stewardship 20 organization and are not accepted for disposal. 21 (6) A solid waste collector may not be found in violation of this 22 section for a covered battery placed in a disposal container by the 23 generator of the covered battery. 24 NEW SECTION. Sec. 16. DEPARTMENT ASSESSMENT OF LARGE FORMAT 25 BATTERIES, MEDICAL DEVICES, LEAD ACID BATTERIES, AND BATTERY-26 CONTAINING PRODUCTS AND THEIR BATTERIES. (1) By July 1, 2027, the 27 department must complete an assessment of the opportunities and 28 challenges associated with the end-of-life management of batteries 29 that are not covered batteries, including:30 (a) Large format batteries; 31 (b) Lead acid batteries that are greater than 11 pounds or are 32 subject to the provisions of RCW 70A.205.505 through 70A.205.530;33 (c) Batteries contained in medical devices, as specified in Title 34 21 U.S.C. Sec. 360c as it existed as of the effective date of this 35 section that are not designed and marketed for sale or resale 36 principally to consumers for personal use; and 37 (d) Batteries not intended or designed to be easily removed by a 38 customer that are contained in battery-containing products, including 39 p. 27 E2SSB 5144.SL medical devices, and in electronic products that are not covered 1 electronic products managed under an approved plan implemented under 2 chapter 70A.500 RCW . 3 (2) The department must consult with the department of commerce 4 and interested stakeholders in completing the assessment, including 5 consultation with overburdened communities and vulnerable populations 6 identified by the department under chapter 70A.02 RCW. The assessment 7 must identify any needed adjustments to the stewardship program 8 requirements established in this chapter that are necessary to 9 maximize public health, safety, and environmental benefits, such as 10 battery reuse. 11 (3) The assessment must consider: 12 (a) The different categories and uses of batteries and battery-13 containing products listed in subsection (1) of this section;14 (b) The current economic value and reuse or recycling potential 15 of large format batteries or large format battery components and a 16 summary of studies examining the environmental and equity 17 implications of displacing demand for new rare earth materials, 18 critical materials, and other conflict materials through the reuse 19 and recycling of batteries; 20 (c) The current methods by which unwanted batteries and battery-21 containing products listed in subsection (1) of this section are 22 managed in Washington and nearby states and provinces;23 (d) Challenges posed by the potential collection, management, and 24 transport of batteries and battery-containing products listed in 25 subsection (1) of this section, including challenges associated with 26 removing batteries that were not intended or designed to be easily 27 removable from products, other than by the manufacturer; and28 (e) Which criteria of this chapter should apply to batteries and 29 battery-containing products listed in subsection (1) of this section 30 in a manner that is identical or analogous to the requirements 31 applicable to covered batteries. 32 (4) By October 1, 2027, the department must submit a report to 33 the appropriate committees of the legislature containing the findings 34 of the assessment required in this section. 35 NEW SECTION. Sec. 17. DEPARTMENT OF ECOLOGY RECOMMENDATIONS FOR 36 MANAGEMENT OF ELECTRIC VEHICLE BATTERIES. (1) By November 30, 2023, 37 the department of ecology must submit a report to the appropriate 38 committees of the legislature on preliminary policy recommendations 39 p. 28 E2SSB 5144.SL for the collection and management of electric vehicle batteries. By 1 April 30, 2024, the department of ecology must report to the 2 appropriate committees of the legislature on final policy 3 recommendations for the collection and management of electric vehicle 4 batteries. 5 (2) In developing the recommendations under subsection (1) of 6 this section, the department of ecology must: 7 (a) Solicit input from representatives of automotive wrecking and 8 salvage yards, solid waste collection and processing companies, local 9 governments, environmental organizations, electric vehicle 10 manufacturers, and any other interested parties; and11 (b) Examine best practices in other states and jurisdictions.12 NEW SECTION. Sec. 18. ANTITRUST. Producers or battery 13 stewardship organizations acting on behalf of producers that prepare, 14 submit, and implement a battery stewardship program plan pursuant to 15 this chapter and who are thereby subject to regulation by the 16 department are granted immunity from state laws relating to 17 antitrust, restraint of trade, unfair trade practices, and other 18 regulation of trade and commerce, for the limited purpose of 19 planning, reporting, and operating a battery stewardship program, 20 including:21 (1) The creation, implementation, or management of a battery 22 stewardship organization and any battery stewardship plan regardless 23 of whether it is submitted, denied, or approved; 24 (2) The determination of the cost and structure of a battery 25 stewardship plan; and 26 (3) The types or quantities of batteries being recycled or 27 otherwise managed pursuant to this chapter. 28 NEW SECTION. Sec. 19. AUTHORITY OF THE UTILITIES AND 29 TRANSPORTATION COMMISSION. Nothing in this chapter changes or limits 30 the authority of the Washington utilities and transportation 31 commission to regulate collection of solid waste, including curbside 32 collection of residential recyclable materials, nor does this chapter 33 change or limit the authority of a city or town to provide the 34 service itself or by contract under RCW 81.77.020.35 Sec. 20. RCW 43.21B.110 and 2022 c 180 s 812 are each amended to 36 read as follows: 37 p. 29 E2SSB 5144.SL (1) The hearings board shall only have jurisdiction to hear and 1 decide appeals from the following decisions of the department, the 2 director, local conservation districts, the air pollution control 3 boards or authorities as established pursuant to chapter 70A.15 RCW, 4 local health departments, the department of natural resources, the 5 department of fish and wildlife, the parks and recreation commission, 6 and authorized public entities described in chapter 79.100 RCW :7 (a) Civil penalties imposed pursuant to RCW 18.104.155, 8 70A.15.3160, 70A.300.090, 70A.20.050, 70A.530.040, 70A.350.070, 9 70A.515.060, 70A.245.040, 70A.245.050, 70A.245.070, 70A.245.080, 10 70A.65.200, 70A.455.090, section 12 of this act, 76.09.170, 11 77.55.440, 78.44.250, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 12 90.56.310, 90.56.330, and 90.64.102. 13 (b) Orders issued pursuant to RCW 18.104.043, 18.104.060, 14 43.27A.190, 70A.15.2520, 70A.15.3010, 70A.300.120, 70A.350.070, 15 70A.245.020, 70A.65.200, section 12 of this act, 86.16.020, 16 88.46.070, 90.14.130, 90.46.250, 90.48.120, and 90.56.330.17 (c) Except as provided in RCW 90.03.210(2), the issuance, 18 modification, or termination of any permit, certificate, or license 19 by the department or any air authority in the exercise of its 20 jurisdiction, including the issuance or termination of a waste 21 disposal permit, the denial of an application for a waste disposal 22 permit, the modification of the conditions or the terms of a waste 23 disposal permit, or a decision to approve or deny an application for 24 a solid waste permit exemption under RCW 70A.205.260.25 (d) Decisions of local health departments regarding the grant or 26 denial of solid waste permits pursuant to chapter 70A.205 RCW .27 (e) Decisions of local health departments regarding the issuance 28 and enforcement of permits to use or dispose of biosolids under RCW 29 70A.226.090. 30 (f) Decisions of the department regarding waste-derived 31 fertilizer or micronutrient fertilizer under RCW 15.54.820, and 32 decisions of the department regarding waste-derived soil amendments 33 under RCW 70A.205.145. 34 (g) Decisions of local conservation districts related to the 35 denial of approval or denial of certification of a dairy nutrient 36 management plan; conditions contained in a plan; application of any 37 dairy nutrient management practices, standards, methods, and 38 technologies to a particular dairy farm; and failure to adhere to the 39 plan review and approval timelines in RCW 90.64.026.40 p. 30 E2SSB 5144.SL (h) Any other decision by the department or an air authority 1 which pursuant to law must be decided as an adjudicative proceeding 2 under chapter 34.05 RCW . 3 (i) Decisions of the department of natural resources, the 4 department of fish and wildlife, and the department that are 5 reviewable under chapter 76.09 RCW, and the department of natural 6 resources' appeals of county, city, or town objections under RCW 7 76.09.050(7). 8 (j) Forest health hazard orders issued by the commissioner of 9 public lands under RCW 76.06.180. 10 (k) Decisions of the department of fish and wildlife to issue, 11 deny, condition, or modify a hydraulic project approval permit under 12 chapter 77.55 RCW, to issue a stop work order, to issue a notice to 13 comply, to issue a civil penalty, or to issue a notice of intent to 14 disapprove applications. 15 (l) Decisions of the department of natural resources that are 16 reviewable under RCW 78.44.270. 17 (m) Decisions of an authorized public entity under RCW 79.100.010 18 to take temporary possession or custody of a vessel or to contest the 19 amount of reimbursement owed that are reviewable by the hearings 20 board under RCW 79.100.120. 21 (n) Decisions of the department of ecology that are appealable 22 under RCW 70A.245.020 to set recycled minimum postconsumer content 23 for covered products or to temporarily exclude types of covered 24 products in plastic containers from minimum postconsumer recycled 25 content requirements. 26 (o) Orders by the department of ecology under RCW 70A.455.080.27 (2) The following hearings shall not be conducted by the hearings 28 board: 29 (a) Hearings required by law to be conducted by the shorelines 30 hearings board pursuant to chapter 90.58 RCW . 31 (b) Hearings conducted by the department pursuant to RCW 32 70A.15.3010, 70A.15.3070, 70A.15.3080, 70A.15.3090, 70A.15.3100, 33 70A.15.3110, and 90.44.180. 34 (c) Appeals of decisions by the department under RCW 90.03.110 35 and 90.44.220. 36 (d) Hearings conducted by the department to adopt, modify, or 37 repeal rules. 38 p. 31 E2SSB 5144.SL (3) Review of rules and regulations adopted by the hearings board 1 shall be subject to review in accordance with the provisions of the 2 administrative procedure act, chapter 34.05 RCW . 3 Sec. 21. RCW 43.21B.300 and 2022 c 180 s 813 are each amended to 4 read as follows: 5 (1) Any civil penalty provided in RCW 18.104.155, 70A.15.3160, 6 70A.205.280, 70A.300.090, 70A.20.050, 70A.245.040, 70A.245.050, 7 70A.245.070, 70A.245.080, 70A.65.200, 70A.455.090, section 12 of this 8 act, 88.46.090, 90.03.600, 90.46.270, 90.48.144, 90.56.310, 9 90.56.330, and 90.64.102 and chapter 70A.355 RCW shall be imposed by 10 a notice in writing, either by certified mail with return receipt 11 requested or by personal service, to the person incurring the penalty 12 from the department or the local air authority, describing the 13 violation with reasonable particularity. For penalties issued by 14 local air authorities, within 30 days after the notice is received, 15 the person incurring the penalty may apply in writing to the 16 authority for the remission or mitigation of the penalty. Upon 17 receipt of the application, the authority may remit or mitigate the 18 penalty upon whatever terms the authority in its discretion deems 19 proper. The authority may ascertain the facts regarding all such 20 applications in such reasonable manner and under such rules as it may 21 deem proper and shall remit or mitigate the penalty only upon a 22 demonstration of extraordinary circumstances such as the presence of 23 information or factors not considered in setting the original 24 penalty. 25 (2) Any penalty imposed under this section may be appealed to the 26 pollution control hearings board in accordance with this chapter if 27 the appeal is filed with the hearings board and served on the 28 department or authority 30 days after the date of receipt by the 29 person penalized of the notice imposing the penalty or 30 days after 30 the date of receipt of the notice of disposition by a local air 31 authority of the application for relief from penalty.32 (3) A penalty shall become due and payable on the later of:33 (a) ((Thirty)) 30 days after receipt of the notice imposing the 34 penalty; 35 (b) ((Thirty)) 30 days after receipt of the notice of disposition 36 by a local air authority on application for relief from penalty, if 37 such an application is made; or 38 p. 32 E2SSB 5144.SL (c) ((Thirty)) 30 days after receipt of the notice of decision of 1 the hearings board if the penalty is appealed. 2 (4) If the amount of any penalty is not paid to the department 3 within 30 days after it becomes due and payable, the attorney 4 general, upon request of the department, shall bring an action in the 5 name of the state of Washington in the superior court of Thurston 6 county, or of any county in which the violator does business, to 7 recover the penalty. If the amount of the penalty is not paid to the 8 authority within 30 days after it becomes due and payable, the 9 authority may bring an action to recover the penalty in the superior 10 court of the county of the authority's main office or of any county 11 in which the violator does business. In these actions, the procedures 12 and rules of evidence shall be the same as in an ordinary civil 13 action. 14 (5) All penalties recovered shall be paid into the state treasury 15 and credited to the general fund except those penalties imposed 16 pursuant to RCW 18.104.155, which shall be credited to the 17 reclamation account as provided in RCW 18.104.155(7), RCW 18 70A.15.3160, the disposition of which shall be governed by that 19 provision, RCW 70A.245.040 and 70A.245.050, which shall be credited 20 to the recycling enhancement account created in RCW 70A.245.100, RCW 21 70A.300.090 and section 12 of this act , which shall be credited to 22 the model toxics control operating account created in RCW 23 70A.305.180, RCW 70A.65.200, which shall be credited to the climate 24 investment account created in RCW 70A.65.250, RCW 90.56.330, which 25 shall be credited to the coastal protection fund created by RCW 26 90.48.390, and RCW 70A.355.070, which shall be credited to the 27 underground storage tank account created by RCW 70A.355.090.28 NEW SECTION. Sec. 22. A new section is added to chapter 82.04 29 RCW to read as follows: 30 (1) This chapter does not apply to the receipts of a battery 31 stewardship organization formed under chapter 70A.--- RCW (the new 32 chapter created in section 23 of this act) from charges to 33 participating producers under a battery stewardship program as 34 provided in section 7 of this act. 35 (2) This section is not subject to the requirements of RCW 36 82.32.805 and 82.32.808 and is not subject to an expiration date.37 (3) The definitions in section 2 of this act apply throughout 38 this section unless the context clearly requires otherwise.39 p. 33 E2SSB 5144.SL NEW SECTION. Sec. 23. CODIFICATION. Sections 1 through 16, 18, 1 and 19 of this act constitute a new chapter in Title 70A RCW.2 NEW SECTION. Sec. 24. SEVERABILITY. If any provision of this 3 act or its application to any person or circumstance is held invalid, 4 the remainder of the act or the application of the provision to other 5 persons or circumstances is not affected.6 Passed by the Senate April 14, 2023. Passed by the House April 6, 2023. Approved by the Governor May 11, 2023. Filed in Office of Secretary of State May 11, 2023. --- END --- p. 34 E2SSB 5144.SL