Expanding the state battery stewardship program to include electric vehicle batteries.

AN ACT Relating to expanding the state battery stewardship 1 program to include electric vehicle batteries; amending RCW 2 70A.205.505, 70A.205.510, 70A.205.515, 70A.205.520, 70A.205.525, 3 70A.205.530, 70A.555.005, 70A.555.010, 70A.555.020, 70A.555.030, 4 70A.555.040, 70A.555.060, 70A.555.070, 70A.555.130, and 70A.555.140; 5 and adding new sections to chapter 70A.555 RCW . 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7 Sec. 1. RCW 70A.205.505 and 2020 c 20 s 1197 are each amended to 8 read as follows: 9 (1) No person may knowingly dispose of a vehicle battery except 10 by delivery to: A person or entity selling lead acid batteries, a 11 person or entity authorized by the department to accept the battery, 12 or to a secondary lead smelter. 13 (2) No owner or operator of a solid waste disposal site shall 14 knowingly accept for disposal used vehicle batteries except when 15 authorized to do so by the department or by the federal government.16 (3) Any person who violates this section shall be subject to a 17 fine of up to ((one thousand dollars )) $1,000. Each vehicle battery 18 will constitute a separate violation. Nothing in this section and RCW 19 70A.205.510 through 70A.205.530 shall supersede the provisions under 20 chapter 70A.300 RCW . 21 S-0010.2 SENATE BILL 5045 State of Washington 69th Legislature 2025 Regular Session By Senators J. Wilson, Dozier, Christian, McCune, Holy, Boehnke, and Schoesler Prefiled 12/13/24. p. 1 SB 5045 (4) For purposes of this section ((and RCW 70A.205.510 through 1 70A.205.530, "vehicle )):2 (a) "Vehicle battery" means batteries capable for use in any 3 vehicle, having a core consisting of elemental lead, and a capacity 4 of six or more volts. 5 (b) "Vehicle battery" does not include an "electric vehicle 6 battery" as defined in RCW 70A.555.010.7 Sec. 2. RCW 70A.205.510 and 1989 c 431 s 38 are each amended to 8 read as follows: 9 (1) The department shall establish a procedure to identify, on an 10 annual basis, those persons accepting used vehicle batteries from 11 retail establishments. 12 (2) For purposes of this section:13 (a) "Vehicle battery" means batteries capable for use in any 14 vehicle, having a core consisting of elemental lead, and a capacity 15 of six or more volts.16 (b) "Vehicle battery" does not include an "electric vehicle 17 battery" as defined in RCW 70A.555.010.18 Sec. 3. RCW 70A.205.515 and 2020 c 20 s 1198 are each amended to 19 read as follows: 20 (1) A person selling vehicle batteries at retail in the state 21 shall: 22 (((1))) (a) Accept, at the time of purchase of a replacement 23 battery, in the place where the new batteries are physically 24 transferred to the purchasers, and in a quantity at least equal to 25 the number of new batteries purchased, used vehicle batteries from 26 the purchasers, if offered by the purchasers. When a purchaser fails 27 to provide an equivalent used battery or batteries, the purchaser may 28 reclaim the core charge paid under RCW 70A.205.520 by returning, to 29 the point of purchase within ((thirty)) 30 days, a used battery or 30 batteries and a receipt showing proof of purchase from the 31 establishment where the replacement battery or batteries were 32 purchased; and 33 (((2))) (b) Post written notice which must be at least eight and 34 one-half inches by eleven inches in size and must contain the 35 universal recycling symbol and the following language:36 (((a))) (i) "It is illegal to put a motor vehicle battery or 37 other vehicle battery in your garbage." 38 p. 2 SB 5045 (((b))) (ii) "State law requires us to accept used motor vehicle 1 batteries or other vehicle batteries for recycling, in exchange for 2 new batteries purchased." 3 (((c))) (iii) "When you buy a battery, state law also requires us 4 to include a core charge of five dollars or more if you do not return 5 your old battery for exchange." 6 (2) For purposes of this section:7 (a) "Vehicle battery" means batteries capable for use in any 8 vehicle, having a core consisting of elemental lead, and a capacity 9 of six or more volts.10 (b) "Vehicle battery" does not include an "electric vehicle 11 battery" as defined in RCW 70A.555.010.12 Sec. 4. RCW 70A.205.520 and 1989 c 431 s 40 are each amended to 13 read as follows: 14 (1) Each retail sale of a vehicle battery shall include, in the 15 price of the battery for sale, a core charge of not less than five 16 dollars. When a purchaser offers the seller a used battery of 17 equivalent size, the seller shall omit the core charge from the price 18 of the battery. 19 (2) For purposes of this section:20 (a) "Vehicle battery" means batteries capable for use in any 21 vehicle, having a core consisting of elemental lead, and a capacity 22 of six or more volts.23 (b) "Vehicle battery" does not include an "electric vehicle 24 battery" as defined in RCW 70A.555.010.25 Sec. 5. RCW 70A.205.525 and 2020 c 20 s 1199 are each amended to 26 read as follows: 27 (1) A person selling vehicle batteries at wholesale to a retail 28 establishment in this state shall accept, at the time and place of 29 transfer, used vehicle batteries in a quantity at least equal to the 30 number of new batteries purchased, if offered by the purchaser.31 (2) When a battery wholesaler, or agent of the wholesaler, fails 32 to accept used vehicle batteries as provided in this section, a 33 retailer may file a complaint with the department and the department 34 shall investigate any such complaint. 35 (3)(a) The department shall issue an order suspending any of the 36 provisions of RCW 70A.205.515 through 70A.205.530 whenever it finds 37 that the market price of lead has fallen to the extent that new 38 p. 3 SB 5045 battery wholesalers' estimated statewide average cost of transporting 1 used batteries to a smelter or other person or entity in the business 2 of purchasing used batteries is clearly greater than the market price 3 paid for used lead batteries by such smelter or person or entity.4 (b) The order of suspension shall only apply to batteries that 5 are sold at retail during the period in which the suspension order is 6 effective. 7 (c) The department shall limit its suspension order to a definite 8 period not exceeding six months, but shall revoke the order prior to 9 its expiration date should it find that the reasons for its issuance 10 are no longer valid. 11 (4) For purposes of this section:12 (a) "Vehicle battery" means batteries capable for use in any 13 vehicle, having a core consisting of elemental lead, and a capacity 14 of six or more volts.15 (b) "Vehicle battery" does not include an "electric vehicle 16 battery" as defined in RCW 70A.555.010.17 Sec. 6. RCW 70A.205.530 and 2020 c 20 s 1200 are each amended to 18 read as follows: 19 (1) The department shall produce, print, and distribute the 20 notices required by RCW 70A.205.515 to all places where vehicle 21 batteries are offered for sale at retail and in performing its duties 22 under this section the department may inspect any place, building, or 23 premise governed by RCW 70A.205.520. Authorized employees of the 24 agency may issue warnings and citations to persons who fail to comply 25 with the requirements of RCW 70A.205.505 through 70A.205.535. Failure 26 to conform to the notice requirements of RCW 70A.205.515 shall 27 subject the violator to a fine imposed by the department not to 28 exceed ((one thousand dollars )) $1,000. However, no such fine shall 29 be imposed unless the department has issued a warning of infraction 30 for the first offense. Each day that a violator does not comply with 31 the requirements of chapter 431, Laws of 1989 following the issuance 32 of an initial warning of infraction shall constitute a separate 33 offense. 34 (2) For purposes of this section:35 (a) "Vehicle battery" means batteries capable for use in any 36 vehicle, having a core consisting of elemental lead, and a capacity 37 of six or more volts.38 p. 4 SB 5045 (b) "Vehicle battery" does not include an "electric vehicle 1 battery" as defined in RCW 70A.555.010.2 Sec. 7. RCW 70A.555.005 and 2023 c 434 s 1 are each amended to 3 read as follows: 4 The legislature finds that: 5 (1) It is in the public interest of the citizens of Washington to 6 encourage the recovery and reuse of materials, such as metals, that 7 replace the output of mining and other extractive industries.8 (2) Without a dedicated battery stewardship program, battery user 9 confusion regarding proper disposal options will continue to persist.10 (3) Ensuring the proper handling, recycling, and end-of-life 11 management of used batteries prevents the release of toxic materials 12 into the environment and removes materials from the waste stream 13 that, if mishandled, may present safety concerns to workers, such as 14 by igniting fires at solid waste handling facilities. For this 15 reason, batteries should not be placed into commingled recycling 16 containers or disposed of via traditional garbage collection 17 containers. 18 (4) Jurisdictions around the world have successfully implemented 19 battery stewardship laws that have helped address the challenges 20 posed by the end-of-life management of batteries. Because it is 21 difficult for customers to differentiate between types and 22 chemistries of batteries, it is the best practice for battery 23 stewardship programs to collect all battery types and chemistries. 24 ((Furthermore, it is appropriate for larger batteries used in 25 emerging market sectors such as electric vehicles, solar power 26 arrays, and data centers, to be managed to ensure environmentally 27 positive outcomes similar to those achieved by a battery stewardship 28 program, both because of the potential economic value of large 29 batteries used for these purposes and the anticipated profusion of 30 these larger batteries as these market sectors mature. ))31 (5) Larger batteries used in emerging market sectors such as 32 electric vehicles, solar power arrays, and data centers should be 33 managed to ensure environmentally positive outcomes similar to those 34 achieved by a battery stewardship program because of their potential 35 economic value and anticipated profusion as these market sectors 36 mature. Although the management of some larger batteries continues to 37 be studied, the legislature intends to include electric vehicle 38 p. 5 SB 5045 batteries in the state battery stewardship program while recognizing 1 the unique characteristics of those batteries. 2 Sec. 8. RCW 70A.555.010 and 2023 c 434 s 2 are each amended to 3 read as follows: 4 The definitions in this section apply throughout this chapter 5 unless the context clearly requires otherwise. 6 (1)(a) "Battery-containing product" means a product that contains 7 or is packaged with rechargeable or primary batteries that are 8 covered batteries. 9 (b) A "battery-containing product" does not include ((a)):10 (i) A covered electronic product under an approved plan 11 implemented under chapter 70A.500 RCW ; or12 (ii) An electric vehicle . 13 (2) "Battery management hierarchy" means a management system of 14 covered batteries prioritized in descending order as follows:15 (a) Waste prevention and reduction; 16 (b) Reuse, when reuse is appropriate; 17 (c) Recycling, as defined in this chapter; and18 (d) Other means of end-of-life management, which may only be 19 utilized after demonstrating to the department that it is not 20 feasible to manage the batteries under the higher priority options in 21 (a) through (c) of this subsection. 22 (3) "Battery stewardship organization" means a producer that 23 directly implements a battery stewardship plan required under this 24 chapter or a nonprofit organization designated by a producer or group 25 of producers to implement a battery stewardship plan required under 26 this chapter. 27 (4) "Collection rate" means a percentage, by weight, that a 28 battery stewardship organization collects that is calculated by 29 dividing the total weight of primary and rechargeable batteries 30 collected during the previous calendar year by the average annual 31 weight of primary and rechargeable batteries that were estimated to 32 have been sold in the state by all producers participating in an 33 approved battery stewardship plan during the previous three calendar 34 years. 35 (5)(a) "Covered battery" means a portable battery or, beginning 36 January 1, 2029, a medium format battery and an electric vehicle 37 battery. 38 (b) "Covered battery" does not include: 39 p. 6 SB 5045 (i) A battery contained within a medical device, as specified in 1 Title 21 U.S.C. Sec. 321 (h) as it existed as of July 23, 2023, that 2 is not designed and marketed for sale or resale principally to 3 consumers for personal use; 4 (ii) A battery that contains an electrolyte as a free liquid;5 (iii) A lead acid battery weighing greater than 11 pounds;6 (iv) A battery subject to the provisions of RCW 70A.205.505 7 through 70A.205.530; and 8 (v) A battery in a battery-containing product that is not 9 intended or designed to be easily removable from the battery-10 containing product. 11 (6) "Department" means the department of ecology.12 (7) "Easily removable" means designed by the manufacturer to be 13 removable by the user of the product with no more than commonly used 14 household tools. 15 (8)(a) "Electric vehicle" means a vehicle that derives all or 16 part of its power from electricity supplied by the electric grid and 17 that has a battery or equivalent storage device that can be charged 18 from an electricity supply external to the vehicle with an electric 19 plug.20 (b) "Electric vehicle" includes a plug-in hybrid vehicle.21 (9)(a) "Electric vehicle battery" means a rechargeable battery 22 used to power the electric motors that propel an electric vehicle.23 (b) "Electric vehicle battery" includes, without limitation, 24 lithium-ion batteries and nickel-metal hydride batteries.25 (10) "Environmentally sound management practices" means practices 26 that: (a) Comply with all applicable laws and rules to protect 27 workers, public health, and the environment; (b) provide for adequate 28 recordkeeping, tracking, and documenting of the fate of materials 29 within the state and beyond; and (c) include comprehensive liability 30 coverage for the battery stewardship organization, including 31 environmental liability coverage that is commercially practicable.32 (((9))) (11) "Final disposition" means the final processing of a 33 collected battery to produce usable end products, at the point where 34 the battery has been reduced to its constituent parts, reusable 35 portions made available for use, and any residues handled as wastes 36 in accordance with applicable law. 37 (((10))) (12) "Large format battery" means: 38 p. 7 SB 5045 (a) A rechargeable battery , other than an electric vehicle 1 battery, that weighs more than 25 pounds or has a rating of more than 2 2,000 watt-hours; or 3 (b) A primary battery that weighs more than 25 pounds.4 (((11))) (13) "Medium format battery" means the following primary 5 or rechargeable covered batteries: 6 (a) For rechargeable batteries, a battery weighing more than 11 7 pounds or has a rating of more than 300 watt-hours, or both, and no 8 more than 25 pounds and has a rating of no more than 2,000 watt-9 hours; 10 (b) For primary batteries, a battery weighing more than 4.4 11 pounds but not more than 25 pounds. 12 (((12))) (14) "Portable battery" means the following primary or 13 rechargeable covered batteries: 14 (a) For rechargeable batteries, a battery weighing no more than 15 11 pounds and has a rating of no more than 300 watt-hours;16 (b) For primary batteries, a battery weighing no more than 4.4 17 pounds. 18 (((13))) (15) "Primary battery" means a battery that is not 19 capable of being recharged. 20 (((14))) (16)(a) "Producer" means the following person 21 responsible for compliance with requirements under this chapter for a 22 covered battery or battery-containing product sold, offered for sale, 23 or distributed in or into this state: 24 (i) For covered batteries: 25 (A) If the battery is sold under the brand of the battery 26 manufacturer, the producer is the person that manufactures the 27 battery; 28 (B) If the battery is sold under a retail brand or under a brand 29 owned by a person other than the manufacturer, the producer is the 30 brand owner; 31 (C) If there is no person to which (a)(i)(A) or (B) of this 32 subsection applies, the producer is the person that is the licensee 33 of a brand or trademark under which the battery is used in a 34 commercial enterprise, sold, offered for sale, or distributed in or 35 into this state, whether or not the trademark is registered in this 36 state; 37 (D) If there is no person described in (a)(i)(A) through (C) of 38 this subsection within the United States, the producer is the person 39 who is the importer of record for the battery into the United States 40 p. 8 SB 5045 for use in a commercial enterprise that sells, offers for sale, or 1 distributes the battery in this state; 2 (E) If there is no person described in (a)(i)(A) through (D) of 3 this subsection with a commercial presence within the state, the 4 producer is the person who first sells, offers for sale, or 5 distributes the battery in or into this state. 6 (ii) For covered battery-containing products: 7 (A) If the battery-containing product is sold under the brand of 8 the product manufacturer, the producer is the person that 9 manufactures the product; 10 (B) If the battery-containing product is sold under a retail 11 brand or under a brand owned by a person other than the manufacturer, 12 the producer is the brand owner; 13 (C) If there is no person to which (a)(ii)(A) or (B) of this 14 subsection applies, the producer is the person that is the licensee 15 of a brand or trademark under which the product is used in a 16 commercial enterprise, sold, offered for sale, or distributed in or 17 into this state, whether or not the trademark is registered in this 18 state; 19 (D) If there is no person described in (a)(ii)(A) through (C) of 20 this subsection within the United States, the producer is the person 21 who is the importer of record for the product into the United States 22 for use in a commercial enterprise that sells, offers for sale, or 23 distributes the product in this state; 24 (E) If there is no person described in (a)(ii)(A) through (D) of 25 this subsection with a commercial presence within the state, the 26 producer is the person who first sells, offers for sale, or 27 distributes the product in or into this state; 28 (F) A producer does not include any person who only manufactures, 29 sells, offers for sale, distributes, or imports into the state a 30 battery-containing product if the only batteries used by the battery-31 containing product are supplied by a producer that has joined a 32 registered battery stewardship organization as the producer for that 33 covered battery under this chapter. Such a producer of covered 34 batteries that are included in a battery-containing product must 35 provide written certification of that membership to both the producer 36 of the covered battery-containing product and the battery stewardship 37 organization of which the battery producer is a member.38 (b) A person is the "producer" of a covered battery or covered 39 battery-containing product sold, offered for sale, or distributed in 40 p. 9 SB 5045 or into this state, as defined in (a) of this subsection, except 1 where another party has contractually accepted responsibility as a 2 responsible producer and has joined a registered battery stewardship 3 organization as the producer for that covered battery or covered 4 battery-containing product under this chapter. 5 (((15))) (17) "Program" means a program implemented by a battery 6 stewardship organization consistent with an approved battery 7 stewardship plan. 8 (((16))) (18) "Rechargeable battery" means a battery that 9 contains one or more voltaic or galvanic cells, electrically 10 connected to produce electric energy, designed to be recharged.11 (((17))) (19) "Recycling" means transforming or remanufacturing 12 waste materials into usable or marketable materials for use other 13 than: 14 (a) Combustion; 15 (b) Incineration; 16 (c) Energy generation; 17 (d) Fuel production; or 18 (e) Beneficial reuse in the construction and operation of a solid 19 waste landfill, including use of alternative daily cover.20 (((18))) (20) "Recycling efficiency rate" means the ratio of the 21 weight of covered battery components and materials recycled by a 22 program operator from covered batteries to the weight of those 23 covered batteries collected by the program operator.24 (((19))) (21) "Retailer" means a person who sells covered 25 batteries or battery-containing products in or into this state or 26 offers or otherwise makes available covered batteries or battery-27 containing products to a customer, including other businesses, for 28 use by the customer in this state. 29 (((20))) (22) "Urban area" means an area delineated by the United 30 States census bureau, based on a minimum threshold of 2,000 housing 31 units or 5,000 people, as of January 1, 2023. 32 Sec. 9. RCW 70A.555.020 and 2023 c 434 s 3 are each amended to 33 read as follows: 34 ((Beginning)) (1) Except as provided in subsection (2) of this 35 section, beginning January 1, 2027: 36 (((1))) (a) Each producer selling, making available for sale, or 37 distributing covered batteries or battery-containing products in or 38 into the state of Washington shall participate in an approved 39 p. 10 SB 5045 Washington state battery stewardship plan through participation in 1 and appropriate funding of a battery stewardship organization; and2 (((2))) (b) A producer that does not participate in a battery 3 stewardship organization and battery stewardship plan may not sell 4 covered batteries or battery-containing products covered by this 5 chapter in or into Washington. 6 (2) Beginning January 1, 2029, the requirements of subsection (1) 7 of this section apply to each producer selling, making available for 8 sale, or distributing medium format batteries, or electric vehicle 9 batteries, defined as a covered battery in RCW 70A.555.010.10 Sec. 10. RCW 70A.555.030 and 2023 c 434 s 4 are each amended to 11 read as follows: 12 (1) Beginning July 1, 2027, for portable batteries, and July 1, 13 2029, for medium format batteries and electric vehicle batteries , a 14 retailer may not sell, offer for sale, distribute, or otherwise make 15 available for sale a covered battery or battery-containing product 16 unless the producer of the covered battery or battery-containing 17 product certifies to the retailer that the producer participates in a 18 battery stewardship organization whose plan has been approved by the 19 department. 20 (2) A retailer is in compliance with the requirements of 21 subsection (1) of this section and is not subject to penalties under 22 RCW 70A.555.110 as long as the website made available by the 23 department under RCW 70A.555.100 lists, as of the date a product is 24 made available for retail sale, a producer or brand of covered 25 battery or battery-containing product sold by the retailer as being a 26 participant in an approved plan or the implementer of an approved 27 plan. 28 (3) Retailers of covered batteries or battery-containing products 29 are not required to make retail locations available to serve as 30 collection sites for a stewardship program operated by a battery 31 stewardship organization. Retailers that serve as a collection site 32 must comply with the requirements for collection sites, consistent 33 with RCW 70A.555.070. 34 (4) A retailer may not sell, offer for sale, distribute, or 35 otherwise make available for sale covered batteries, unless those 36 batteries are marked consistent with the requirements of RCW 37 70A.555.130. A producer of a battery-containing product containing a 38 covered battery must certify to the retailers of their product that 39 p. 11 SB 5045 the battery contained in the battery-containing product is marked 1 consistent with the requirements of RCW 70A.555.130. A retailer may 2 rely on this certification for purposes of compliance under this 3 subsection. 4 (5) A retailer selling or offering covered batteries or battery-5 containing products for sale in Washington may provide information, 6 provided to the retailer by the battery stewardship organization, 7 regarding available end-of-life management options for covered 8 batteries collected by the battery stewardship organization. The 9 information that a battery stewardship organization must make 10 available to retailers for voluntary use by retailers must include, 11 but is not limited to, in-store signage, written materials, and other 12 promotional materials that retailers may use to inform customers of 13 the available end-of-life management options for covered batteries 14 collected by the battery stewardship organization.15 (6) Retailers, producers, or battery stewardship organizations 16 may not charge a specific point-of-sale fee to consumers to cover the 17 administrative or operational costs of the battery stewardship 18 organization or the battery stewardship program. 19 Sec. 11. RCW 70A.555.040 and 2023 c 434 s 5 are each amended to 20 read as follows: 21 (1) By July 1, 2026, or within six months of the adoption of 22 rules under RCW 70A.555.100, whichever comes later, each battery 23 stewardship organization must submit a plan for covered portable 24 batteries to the department for approval. Within 24 months of the 25 date of the initial adoption of rules under this chapter by the 26 department, each battery stewardship organization must submit a plan 27 for covered medium format batteries and electric vehicle batteries to 28 the department for approval. A battery stewardship organization may 29 submit a plan at any time to the department for review and approval. 30 The department must review and may approve a plan based on whether it 31 contains and adequately addresses the following components:32 (a) Lists and provides contact information for each producer, 33 battery brand, and battery-containing product brand covered in the 34 plan; 35 (b) Proposes performance goals, consistent with RCW 70A.555.050, 36 including establishing performance goals for each of the next three 37 upcoming calendar years of program implementation;38 p. 12 SB 5045 (c) Describes how the battery stewardship organization will make 1 retailers aware of their obligation to sell only covered batteries 2 and battery-containing products of producers participating in an 3 approved plan; 4 (d) Describes the education and communications strategy being 5 implemented to effectively promote participation in the approved 6 covered battery stewardship program and provide the information 7 necessary for effective participation of consumers, retailers, and 8 others; 9 (e) Describes how the battery stewardship organization will make 10 available to retailers, for voluntary use, in-store signage, written 11 materials, and other promotional materials that retailers may use to 12 inform customers of the available end-of-life management options for 13 covered batteries collected by the battery stewardship organization;14 (f) Lists promotional activities to be undertaken, and the 15 identification of consumer awareness goals and strategies that the 16 program will employ to achieve these goals after the program begins 17 to be implemented; 18 (g) Includes collection site safety training procedures related 19 to covered battery collection activities at collection sites, 20 including appropriate protocols to reduce risks of spills or fires 21 and response protocols in the event of a spill or fire, and a 22 protocol for safe management of damaged batteries that are returned 23 to collection sites; 24 (h) Describes the method to establish and administer a means for 25 fully funding the program in a manner that equitably distributes the 26 program's costs among the producers that are part of the battery 27 stewardship organization. For producers that elect to meet the 28 requirements of this chapter individually, without joining a battery 29 stewardship organization, the plan must describe the proposed method 30 to establish and administer a means for fully funding the program;31 (i) Describes the financing methods used to implement the plan, 32 consistent with RCW 70A.555.060, including how producer fees and fee 33 modulation will incorporate design for recycling and resource 34 conservation as objectives, and a template reimbursement agreement, 35 developed in consultation with local governments and other program 36 stakeholders; 37 (j) Describes how the program will collect all covered battery 38 chemistries and brands on a free, continuous, convenient, visible, 39 and accessible basis, and consistent with the requirements of RCW 40 p. 13 SB 5045 70A.555.070, including a description of how the statewide convenience 1 standard will be met and a list of collection sites, including the 2 address and latitude and longitude of collection sites;3 (k) Describes the criteria to be used in the program to determine 4 whether an entity may serve as a collection site for discarded 5 batteries under the program; 6 (l) Establishes collection goals for each of the first three 7 years of implementation of the battery stewardship plan that are 8 based on the estimated total weight of primary and rechargeable 9 covered batteries that have been sold in the state in the previous 10 three calendar years by the producers participating in the battery 11 stewardship plan; 12 (m) Identifies proposed brokers, transporters, processors, and 13 facilities to be used by the program for the final disposition of 14 batteries and how collected batteries will be managed in:15 (i) An environmentally sound and socially just manner at 16 facilities operating with human health and environmental protection 17 standards that are broadly equivalent to or better than those 18 required in the United States and other countries that are members of 19 the battery stewardship organization for economic cooperation and 20 development; and 21 (ii) A manner consistent with the battery management hierarchy, 22 including how each proposed facility used for the final disposition 23 of batteries will recycle or otherwise manage batteries;24 (n) Details how the program will achieve a recycling efficiency 25 rate, calculated consistent with RCW 70A.555.090, of at least 60 26 percent for rechargeable batteries and at least 70 percent for 27 primary batteries; 28 (o) Proposes goals for increasing public awareness of the 29 program, including subgoals applicable to public awareness of the 30 program in vulnerable populations and overburdened communities 31 identified by the department under chapter 70A.02 RCW, and describes 32 how the public education and outreach components of the program under 33 RCW 70A.555.080 will be implemented; and 34 (p) Specifies procedures to be employed by a local government 35 seeking to coordinate with a battery stewardship organization 36 pursuant to RCW 70A.555.070(4)(c). 37 (2) If required by the department, a battery stewardship 38 organization must submit a new plan to the department for approval:39 p. 14 SB 5045 (a) If there are significant changes to the methods of 1 collection, transport, or end-of-life management of covered batteries 2 under RCW 70A.555.070 that are not provided for in the plan. The 3 department may, by rule, identify the types of significant changes 4 that require a new plan to be submitted to the department for 5 approval. For purposes of this subsection, adding or removing a 6 processor or transporter under the plan is not considered a 7 significant change that requires a plan resubmittal;8 (b) To address the novel inclusion of medium format batteries 9 ((or)), large format batteries , or electric vehicle batteries as 10 covered batteries under the plan; and 11 (c) No less than every five years. 12 (3) If required by the department, a battery stewardship 13 organization must provide plan amendments to the department for 14 approval: 15 (a) When proposing changes to the performance goals under RCW 16 70A.555.050 based on the up-to-date experience of the program;17 (b) When there is a change to the method of financing plan 18 implementation under RCW 70A.555.060. This does not include changes 19 to the fees or fee structure established in the plan; or20 (c) When adding or removing a processor or transporter, as part 21 of a quarterly update submitted to the department.22 (4) As part of a quarterly update, a battery stewardship 23 organization must notify the department after a producer begins or 24 ceases to participate in a battery stewardship organization. The 25 quarterly update submitted to the department must also include a 26 current list of the producers and brands participating in the plan.27 (5) No earlier than five years after the initial approval of a 28 plan, the department may require a battery stewardship organization 29 to submit a revised plan, which may include improvements to the 30 collection site network or increased expenditures dedicated to 31 education and outreach if the approved plan has not met the 32 performance goals under RCW 70A.555.050. 33 Sec. 12. RCW 70A.555.060 and 2023 c 434 s 7 are each amended to 34 read as follows: 35 (1) Each battery stewardship organization must ensure adequate 36 funding is available to fully implement approved battery stewardship 37 plans, including the implementation of aspects of the plan 38 addressing: 39 p. 15 SB 5045 (a) Battery collection, transporting, and processing;1 (b) Education and outreach; 2 (c) Program evaluation; and 3 (d) Payment of the administrative fees to the department under 4 RCW 70A.555.100. 5 (2) A battery stewardship organization implementing a battery 6 stewardship plan on behalf of producers must develop, and continually 7 improve over the years of program implementation, a system to collect 8 charges from participating producers to cover the costs of plan 9 implementation in an environmentally sound and socially just manner 10 that encourages the use of design attributes that reduce the 11 environmental impacts of covered batteries, such as through the use 12 of eco-modulated fees. Examples of fee structures that meet the 13 requirements of this subsection include using eco-modulated fees to:14 (a) Encourage designs intended to facilitate reuse and recycling;15 (b) Encourage the use of recycled content; 16 (c) Discourage the use of problematic materials that increase 17 system costs of managing covered batteries; and 18 (d) Encourage other design attributes that reduce the 19 environmental impacts of covered batteries. 20 (3)(a) Except for costs incurred by a local government or local 21 government facility exercising the authority specified in RCW 22 70A.555.070(4)(c), each battery stewardship organization is 23 responsible for all costs of participating covered battery 24 collection, transportation, processing, education, administration, 25 agency reimbursement, recycling, and end-of-life management in 26 accordance with the battery management hierarchy and environmentally 27 sound management practices. 28 (b) Each battery stewardship organization must meet the 29 collection goals as specified in RCW 70A.555.040. 30 (c) A battery stewardship organization is not authorized to 31 reduce or cease collection, education and outreach, or other 32 activities implemented under an approved plan based on achievement of 33 program performance goals. 34 (4)(a) Except for costs incurred by a local government or local 35 government facility exercising the authority granted by RCW 36 70A.555.070(4)(c), a battery stewardship organization must reimburse 37 local governments for demonstrable costs, as defined by rules adopted 38 by the department, incurred as a result of a local government 39 facility or solid waste handling facility serving as a collection 40 p. 16 SB 5045 site for a program including, but not limited to, associated labor 1 costs and other costs associated with accessibility and collection 2 site standards such as storage. 3 (b) Except as to the costs of containers and other materials and 4 services requirements addressed by a local government or local 5 government facility exercising the authority granted by RCW 6 70A.555.070(4)(c), a battery stewardship organization shall at a 7 minimum provide collection sites with appropriate containers for 8 covered batteries , other than electric vehicle batteries, subject to 9 its program, training, signage, safety guidance, and educational 10 materials, at no cost to the collection sites. 11 (c) A battery stewardship organization must include in its 12 battery stewardship plan a template of the service agreement and any 13 other forms, contracts, or other documents for use in distribution of 14 reimbursements. The service agreement template must be developed with 15 local government input. The entities seeking or receiving 16 reimbursement from the battery stewardship organization are not 17 required to use the template agreement included in the program plan 18 and are not limited to the terms of the template agreement included 19 in the program plan. 20 NEW SECTION. Sec. 13. A new section is added to chapter 70A.555 21 RCW to read as follows: 22 (1) Notwithstanding the collection requirements in RCW 23 70A.555.070, each battery stewardship organization must provide 24 consistent and convenient statewide collection opportunities for 25 electric vehicle batteries as designated in a battery stewardship 26 plan approved under RCW 70A.555.040, which may include, but are not 27 limited to, opportunities to discard, deliver, or otherwise arrange 28 for the collection and delivery of an unwanted electric vehicle 29 battery or a damaged or defective electric vehicle battery to:30 (a) A location designated in the battery stewardship plan;31 (b) An authorized electric vehicle battery recycler to handle, 32 transport, and properly manage used electric vehicle batteries, 33 provided that the authorized electric vehicle battery recycler 34 adheres to the battery stewardship plan for that electric vehicle 35 battery and the employees of the authorized electric vehicle battery 36 recycler undergo mandatory safety training to ensure the proper 37 management and recycling of the batteries. The department may 38 require, develop, or select appropriate training modules for this 39 p. 17 SB 5045 purpose or may allow an authorized electric vehicle battery recycler 1 to submit its own safety training plan for approval; or2 (c) An authorized electric vehicle battery transporter to 3 transport used electric vehicle batteries to a location designated in 4 the battery stewardship plan under (a) of this subsection or to an 5 authorized electric vehicle battery recycler under (b) of this 6 subsection. 7 (2) Stewardship programs are not required to provide for the 8 collection of electric vehicle batteries still contained in an 9 electric vehicle. 10 (3) The definitions in this subsection apply throughout this 11 section unless the context requires otherwise. 12 (a) "Authorized electric vehicle battery recycler" means an 13 entity or facility authorized by the department or an equivalent 14 agency in another state to collect, sort, separate, and refine the 15 elemental components of end-of-life electric vehicle batteries, or 16 battery materials, and to refine the elemental components back to 17 usable battery chemicals that include, without limitation, nickel 18 sulfates, cobalt sulfates, and lithium salts. 19 (b) "Authorized electric vehicle battery transporter" means a 20 person authorized, under a battery stewardship plan, to transport 21 electric vehicle batteries for the purpose of recycling.22 (c) "Damaged or defective electric vehicle battery" means an 23 electric vehicle battery that has been damaged or identified by the 24 manufacturer as being defective for safety reasons, that has the 25 potential of producing a dangerous evolution of heat, fire, or short 26 circuit, as referred to in 49 C.F.R. Sec. 173.185 (f) as of the 27 effective date of this section, or as updated by the department by 28 rule to maintain consistency with federal standards.29 Sec. 14. RCW 70A.555.070 and 2023 c 434 s 8 are each amended to 30 read as follows: 31 (1) Battery stewardship organizations implementing a battery 32 stewardship plan must provide for the collection of all covered 33 batteries, including all chemistries and brands of covered batteries, 34 on a free, continuous, convenient, visible, and accessible basis to 35 any person, business, government agency, or nonprofit organization. 36 Except as provided in subsection (2)(b) of this section, each battery 37 stewardship plan must allow any person, business, government agency, 38 or nonprofit organization to discard each chemistry and brand of 39 p. 18 SB 5045 covered battery at each collection site that counts towards the 1 satisfaction of the collection site criteria in subsection (3) of 2 this section. 3 (2)(a) Except for local government collection described in 4 subsection (4)(c) of this section, for each collection site utilized 5 by the program, each battery stewardship organization must provide 6 suitable collection containers for covered batteries that are 7 segregated from other solid waste or make mutually agreeable 8 alternative arrangements for the collection of batteries at the site. 9 The location of collection containers at each collection site used by 10 the program must be within view of a responsible person and must be 11 accompanied by signage made available to the collection site by the 12 battery stewardship organization that informs customers regarding the 13 end-of-life management options for batteries provided by the 14 collection site under this chapter. Each collection site must adhere 15 to the operations manual and other safety information provided to the 16 collection site by the battery stewardship organization.17 (b) Medium format batteries may only be collected at household 18 hazardous waste collection sites or other sites that are staffed by 19 persons who are certified to handle and ship hazardous materials 20 under federal regulations adopted by the United States department of 21 transportation pipeline and hazardous materials safety 22 administration. 23 (c)(i) Damaged and defective batteries are intended to be 24 collected at collection sites staffed by persons trained to handle 25 and ship those batteries. 26 (ii) Each battery stewardship organization must provide for 27 collection of damaged and defective batteries in each county of the 28 state, either through collection sites or collection events with 29 qualified staff as specified in (c)(i) of this subsection. Collection 30 events should be provided periodically throughout the year where 31 practicable, but must be provided at least once per year at a 32 minimum, in each county in which there are not permanent collection 33 sites providing for the collection of damaged and defective 34 batteries. 35 (iii) As used in this subsection, "damaged and defective 36 batteries" means batteries that have been damaged or identified by 37 the manufacturer as being defective for safety reasons, that have the 38 potential of producing a dangerous evolution of heat, fire, or short 39 circuit, as referred to in 49 C.F.R. Sec. 173.185 (f) as of January 1, 40 p. 19 SB 5045 2023, or as updated by the department by rule to maintain consistency 1 with federal standards. 2 (3)(a) Each battery stewardship organization implementing a 3 battery stewardship plan shall ensure statewide collection 4 opportunities for all covered batteries. Battery stewardship 5 organizations shall coordinate activities with other program 6 operators, including covered battery collection and recycle programs 7 and electronic waste recyclers, with regard to the proper management 8 or recycling of collected covered batteries, for purposes of 9 providing the efficient delivery of services and avoiding unnecessary 10 duplication of effort and expense. Statewide collection opportunities 11 must be determined by geographic information modeling that considers 12 permanent collection sites. A program may rely, in part, on 13 collection events to supplement the permanent collection services 14 required in (a) and (b) of this subsection. However, only permanent 15 collection services specified in (a) and (b) of this subsection 16 qualify towards the satisfaction of the requirements of this 17 subsection. 18 (b) For portable batteries, each battery stewardship organization 19 must provide statewide collection opportunities that include, but are 20 not limited to, the provision of: 21 (i) At least one permanent collection site for portable batteries 22 within a 15 mile radius for at least 95 percent of Washington 23 residents; 24 (ii) The establishment of collection sites that are accessible 25 and convenient to overburdened communities identified by the 26 department under chapter 70A.02 RCW, in an amount that is roughly 27 proportional to the number and population of overburdened communities 28 identified by the department under chapter 70A.02 RCW relative to the 29 population or size of the state as a whole; 30 (iii) At least one permanent collection site for portable 31 batteries in addition to those required in (b)(i) of this subsection 32 for every 30,000 residents of each urban area in this state. For the 33 purposes of compliance with this subsection (3)(b)(iii), a battery 34 stewardship organization and the department may rely upon new or 35 updated designations of urban locations by the United States census 36 bureau that are determined by the department to be similar to the 37 definition of urban areas in RCW 70A.555.010; 38 p. 20 SB 5045 (iv) Collection opportunities for portable batteries at special 1 locations where batteries are often spent and replaced, such as 2 supervised locations at parks with stores and campgrounds; and3 (v) Service to areas without a permanent collection site, 4 including service to island and geographically isolated communities 5 without a permanent collection site. 6 (c) For medium format batteries, a battery stewardship 7 organization must provide statewide collection opportunities that 8 include, but are not limited to, the provision of: 9 (i) At least 25 permanent collection sites in Washington;10 (ii) Reasonable geographic dispersion of collection sites 11 throughout the state; 12 (iii) A collection site in each county of at least 200,000 13 persons, as determined by the most recent population estimate of the 14 office of financial management; 15 (iv) The establishment of collection sites that are accessible to 16 public transit and that are convenient to overburdened communities 17 identified by the department under chapter 70A.02 RCW ; and18 (v) Service to areas without a permanent collection site, 19 including service to island and geographically isolated communities. 20 A battery stewardship organization must ensure that there is a 21 collection site or annual collection event in each county of the 22 state. Collection events should be provided periodically throughout 23 the year where practicable, but must be provided at least once per 24 year at a minimum in each county in which there are not permanent 25 collection sites providing for the collection of damaged and 26 defective batteries. 27 (4)(a) Battery stewardship programs must use existing public and 28 private waste collection services and facilities, including battery 29 collection sites that are established through other battery 30 collection services, transporters, consolidators, processors, and 31 retailers, where cost-effective, mutually agreeable, and otherwise 32 practicable. 33 (b)(i) Battery stewardship programs must use as a collection site 34 for covered batteries any retailer, wholesaler, municipality, solid 35 waste management facility, or other entity that meets the criteria 36 for collection sites in the approved plan, upon the submission of a 37 request by the entity to the battery stewardship organization to 38 serve as a collection site. 39 p. 21 SB 5045 (ii) Battery stewardship programs must use as a site for a 1 collection event for covered batteries any retailer, wholesaler, 2 municipality, solid waste management facility, or other entity that 3 meets the criteria for collection events in the approved plan, upon 4 the submission of a request by the entity to the battery stewardship 5 organization to serve as a site for a collection event. A signed 6 agreement between a battery stewardship organization and the entity 7 requesting to hold a collection event must be established at least 60 8 days prior to any collection of covered batteries under a stewardship 9 program. All costs associated with collection events initiated by an 10 entity other than a battery stewardship organization are the sole 11 responsibility of the entity unless otherwise agreed upon by a 12 battery stewardship organization. A collection event under this 13 subsection (4)(b)(ii) must allow any person to discard each chemistry 14 and brand of covered battery at the collection event.15 (c)(i) A local government facility may collect batteries at its 16 own expense through a collection site or temporary collection event 17 that is not a collection site or event under the program implemented 18 by a battery stewardship organization. A local government facility 19 that collects covered batteries under this subsection must, in 20 accordance with procedures set forth in battery stewardship 21 organization plans approved by the department: 22 (A) Notify battery stewardship organizations of the local 23 government facility's decision to operate a collection site that is 24 not a collection site under a program established under this chapter;25 (B) Collect each chemistry and brand of covered battery at its 26 collection site or sites; 27 (C) Collect, sort, and package collected materials in a manner 28 that meets the standards established in a battery stewardship 29 organization plan approved by the department; 30 (D) Either provide the collected batteries to the battery 31 stewardship organization in lawful transportation containers for it 32 to transfer the collected batteries at a processing facility the 33 battery stewardship organization has approved, or transport to, or 34 arrange for the transportation of collected batteries for processing 35 at a facility that a battery stewardship organization has approved 36 under a plan approved by the department. 37 (ii) A local government facility that collects materials at a 38 collection site or temporary collection event operating outside of a 39 battery stewardship program must also report, to a battery 40 p. 22 SB 5045 stewardship organization, information necessary for the battery 1 stewardship organization to fulfill its reporting obligations under 2 RCW 70A.555.090. A battery stewardship organization may count 3 materials collected by a local government facility under this 4 subsection (4)(c) towards the achievement of performance requirements 5 established in RCW 70A.555.050. 6 (d) A battery stewardship organization may suspend or terminate a 7 collection site or service that does not adhere to the collection 8 site criteria in the approved plan or that poses an immediate health 9 and safety concern. 10 (5)(a) Stewardship programs are not required to provide for the 11 collection of battery-containing products. 12 (b) Stewardship programs are not required to provide for the 13 collection of batteries that: 14 (i) Are not easily removable from the product other than by the 15 manufacturer; and 16 (ii) Remain contained in a battery-containing product at the time 17 of delivery to a collection site. 18 (c) Stewardship programs are required to provide for the 19 collection of loose batteries. 20 (d) Stewardship programs are not required to provide for the 21 collection of batteries still contained in covered electronic 22 products under chapter 70A.500 RCW . 23 (6) Batteries collected by the program must be managed consistent 24 with the battery management hierarchy. Lower priority end-of-life 25 battery management options on the battery management hierarchy may be 26 used by a program only when a battery stewardship organization 27 documents to the department that all higher priority battery 28 management options on the battery management hierarchy are not 29 technologically feasible or economically practical.30 (7) The requirements of this section do not apply to electric 31 vehicle batteries, which must be collected in accordance with section 32 13 of this act.33 Sec. 15. RCW 70A.555.130 and 2023 c 434 s 14 are each amended to 34 read as follows: 35 (1) Beginning January 1, 2028, a producer or retailer may only 36 sell, distribute, or offer for sale in or into Washington a large 37 format battery, covered battery, or battery-containing product that 38 p. 23 SB 5045 contains a battery that is designed or intended to be easily 1 removable from the product, if the battery is: 2 (a) Marked with an identification of the producer of the battery, 3 unless the battery is less than one-half inch in diameter or does not 4 contain a surface whose length exceeds one-half inch; and5 (b) Beginning January 1, 2030, marked with proper labeling to 6 ensure proper collection and recycling, by identifying the chemistry 7 of the battery and including an indication that the battery should 8 not be disposed of as household waste. 9 (2) A producer shall certify to its customers, or to the retailer 10 if the retailer is not the customer, that the requirements of this 11 section have been met, as provided in RCW 70A.555.030.12 (3) The department may amend, by rule, the requirements of 13 subsection (1) of this section to maintain consistency with the 14 labeling requirements or voluntary standards for batteries 15 established in federal law. 16 (4)(a) Beginning January 1, 2029, any person who remanufactures 17 or repurposes an electric vehicle battery must relabel the 18 remanufactured or repurposed battery in accordance with labeling 19 standards adopted by rule by the department prior to selling, 20 distributing, or offering for sale in or into Washington the electric 21 vehicle battery.22 (b) For the purposes of this subsection:23 (i) "Remanufacture" means any repair or modification to an 24 electric vehicle battery resulting in the complete battery, or any 25 modules or cells of the battery, being used for the same purpose or 26 application as the one for which the battery was originally designed; 27 and28 (ii) "Repurpose" means any operations to an electric vehicle 29 battery resulting in the complete battery, or any modules or cells of 30 the battery, being used for a different purpose or application than 31 the one for which the battery was originally designed.32 Sec. 16. RCW 70A.555.140 and 2023 c 434 s 15 are each amended to 33 read as follows: 34 Effective July 1, 2027, for portable batteries and July 1, 2029, 35 for medium format batteries and electric vehicle batteries , or the 36 first date on which an approved plan begins to be implemented under 37 this chapter by a battery stewardship organization, whichever comes 38 first: 39 p. 24 SB 5045 (1) All persons must dispose of unwanted covered batteries 1 through one of the following disposal options: 2 (a) Disposal using the collection sites established by or 3 included in the programs created by this chapter; 4 (b) For covered batteries generated by persons that are regulated 5 generators of covered batteries under federal or state hazardous or 6 solid waste laws, disposal in a manner consistent with the 7 requirements of those laws; or 8 (c) Disposal using local government collection facilities that 9 collect batteries consistent with RCW 70A.555.070(4)(c).10 (2)(a) A fee may not be charged at the time unwanted covered 11 batteries are delivered or collected for management.12 (b) All covered batteries may only be collected, transported, and 13 processed in a manner that meets the standards established for a 14 battery stewardship organization in a plan approved by the 15 department, unless the batteries are being managed as described in 16 subsection (1)(b) of this section. 17 (3) A person may not place covered batteries in waste containers 18 for disposal at incinerators, waste to energy facilities, or 19 landfills. 20 (4) A person may not place covered batteries in or on a container 21 for mixed recyclables unless there is a separate location or 22 compartment for the covered battery that complies with local 23 government collection standards or guidelines. 24 (5) An owner or operator of a solid waste facility may not be 25 found in violation of this section if the facility has posted in a 26 conspicuous location a sign stating that covered batteries must be 27 managed through collection sites established by a battery stewardship 28 organization and are not accepted for disposal. 29 (6) A solid waste collector may not be found in violation of this 30 section for a covered battery placed in a disposal container by the 31 generator of the covered battery. 32 NEW SECTION. Sec. 17. A new section is added to chapter 70A.555 33 RCW to read as follows: 34 Nothing in this chapter repeals, limits, or alters the 35 department's authority under chapter 70A.300 RCW . 36 --- END --- p. 25 SB 5045