An Act relative to creating a battery recycling program

1 of 1 HOUSE DOCKET, NO. 3421 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 4111 The Commonwealth of Massachusetts _________________ PRESENTED BY: Adrianne Pusateri Ramos _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to creating a battery recycling program. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Adrianne Pusateri Ramos 14th Essex 1/17/2025 Sally P. Kerans 13th Essex 2/26/2025 1 of 6 HOUSE DOCKET, NO. 3421 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 4111 By Representative Ramos of North Andover, a petition (accompanied by bill, House, No. 4111) of Adrianne Pusateri Ramos and Sally P. Kerans for legislation to create a battery recycling program. Environment and Natural Resources. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act relative to creating a battery recycling program. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 Chapter 21A of the General laws is hereby amended by adding the following section:- 2 Section 32. (a) For the purposes of this section the following words shall, unless the 3 context clearly requires otherwise, have the following meanings: 4 “Battery manufacturer”, every person, firm or corporation that: (i) produces rechargeable 5 batteries sold or distributed in the commonwealth or packages such batteries for sale in the 6 commonwealth, except that if such production or packaging is for a distributor having the right 7 to produce or otherwise package that same brand of battery in the commonwealth, then such 8 distributor shall be deemed to be the battery manufacturer; or (ii) imports rechargeable batteries 9 into the United States that are sold or distributed in the commonwealth. 10 “Commissioner”, the commissioner of the department of environmental protection. 2 of 6 11 “Consumer”, any person who purchases 1 or more rechargeable batteries or products 12 containing such batteries at the time of sale for personal use. 13 “Department”, the department of environmental protection. 14 “Food store”, a store selling primarily food and food products for consumption or use off 15 the premises that occupies less than 14,000 square feet of display space. 16 “Lithium-ion battery”, a type of rechargeable battery that uses the reversible intercalation 17 of Li+ ions into electronically conducting solids to store energy. 18 “Place of business”, the location at which a retailer sells or offers for sale to consumers 19 rechargeable batteries or products containing such batteries at the time of sale. 20 “Rechargeable battery”, any rechargeable nickel-cadmium, sealed lead, lithium ion, 21 nickel metal hydride battery or any other such dry cell battery capable of being recharged 22 weighing less than 25 pounds or battery packs containing such batteries; but shall not include a 23 battery used as the principal electric power source for a vehicle including, but not limited to, an 24 automobile, boat, truck, tractor, golf cart or wheelchair for storage of electricity generated by an 25 alternative power source, such as solar or wind-driven generators or for memory backup that is 26 an integral component of an electronic device. 27 “Retailer”, a person, firm or corporation that engages in the sale of rechargeable batteries 28 or products containing such batteries to a consumer in the commonwealth including, but not 29 limited to, transactions conducted through sales outlets, catalogs, by mail, telephone or the 30 internet. A retailer shall not include a food store. 3 of 6 31 (b) No person shall knowingly dispose of rechargeable batteries as solid waste at any 32 time in the commonwealth. 33 (c)(1) Rechargeable batteries shall be returned to a retailer that sells such batteries that 34 are similar in shape, size and function to those to be disposed of. Rechargeable batteries 35 contained in electronic products shall be removed prior to disposal of such product. 36 (2) Retailers having a place of business in the commonwealth shall accept from 37 consumers, at any time during normal business hours, rechargeable batteries of a similar size and 38 shape as the retailer offers for sale. Retailers shall take up to 10 such batteries per day from any 39 person regardless of whether such person purchases replacement batteries and retailers shall also 40 accept as many such batteries as a consumer purchases from the retailer. 41 (3) Retailers shall conspicuously post and maintain, at or near the point of entry to the 42 place of business, a legible sign, not less than 8½ inches by 11 inches in size, stating that used 43 rechargeable batteries of the size and shape sold or offered for sale by the retailer may not enter 44 the solid waste stream and that the retail establishment is a collection site for recycling such 45 batteries. Such sign shall state the following in letters at least 1 inch in height: “It is illegal to 46 dispose of rechargeable batteries in the commonwealth as solid waste. We accept used 47 rechargeable batteries for return to the manufacturer”. 48 (4) Retailers selling rechargeable batteries to consumers in the commonwealth through 49 nonretail outlets such as through catalogs or by mail, telephone or the internet shall provide at 50 the time of purchase or delivery to the consumer notice of an opportunity to return used 51 rechargeable batteries at no cost to the consumer for reuse or recycling. 4 of 6 52 (5) Retailers shall conspicuously maintain, at a location within the retail establishment 53 that is convenient for use by consumers, collection boxes or other suitable receptacles, supplied 54 by the manufacturer, into which consumers may safely deposit used rechargeable batteries. 55 (d) Every battery manufacturer or any combination of battery manufacturers working 56 together, shall, at the battery manufacturer's own expense, arrange for the return of and recycling 57 of all used rechargeable batteries collected by retailers. Every battery manufacturer or any 58 combination of battery manufacturers working together, shall be responsible for, at a minimum, 59 the following: 60 (i) submitting a plan to the commissioner that identifies the methods by which the battery 61 manufacturer will safely collect, transport and recycle rechargeable batteries collected by 62 retailers at the expense of the battery manufacturer and provide retailers with information on the 63 safe handling and storage of rechargeable batteries; 64 (ii) submitting to the department an annual report that shall include, but not be limited to, 65 the: (A) amount of rechargeable batteries received and recycled either by number or by weight; 66 and (B) the costs of receiving and recycling rechargeable batteries; and 67 (iii) educating the citizens of the commonwealth regarding the appropriate ways to 68 recycle rechargeable batteries. 69 (e) The battery manufacturer battery manufacturer’s collection, transportation and 70 recycling plan pursuant to subsection (d) shall be submitted to the commissioner within 90 days 71 of the effective date of this section. 5 of 6 72 (f) The commissioner shall approve or reject any battery manufacturer’s collection, 73 transportation and recycling plans pursuant to subsection (d) within 90 days of submission and, if 74 rejected, inform the battery manufacturer in writing as to any deficiencies in said plan. Battery 75 manufacturers shall amend and resubmit to the commissioner any rejected plans for 76 reconsideration within 60 days of notification of the rejection of said plan. The commissioner 77 shall approve or reject resubmitted plan within 30 days of resubmission. 78 (g) Any person who violates the provisions of this section shall be liable for a civil 79 penalty in the amount of: (i) $50 for the 1st violation; (ii) $100 for a 2nd violation committed 80 within 12 months of a prior violation; and (iii) $200 for a 3rd or subsequent violation committed 81 within 12 months of any prior violation. 82 (h) Any retailer who violates the provisions of this section shall be liable for a civil 83 penalty in the amount of: (i) $500 for the 1st violation; (ii) $1,000 for a 2nd violation committed 84 within 12 months of a prior violation; and (iii) $10,000 for a 3rd or subsequent violation 85 committed within 12 months of any prior violation. 86 (i) Any battery manufacturer who violates the provisions of this section shall be liable for 87 a civil penalty in the amount of: (i) $4,000 for the 1st violation; (ii) $8,000 for a 2nd violation 88 committed within 12 months of a prior violation; and (iii) $10,000 for a 3rd or subsequent 89 violation committed within 12 months of any prior violation. 90 (j) Civil penalties under this section shall be assessed by the: (i) commissioner after a 91 hearing or opportunity to be heard; or (ii) court in any action or proceeding. In addition to any 92 civil penalties, any person, retailer or battery manufacturer may by similar process be enjoined 93 from continuing such violation. 6 of 6 94 (k) Subject to appropriation, the department shall establish a lithium-ion battery recycling 95 program and recycling facility in the commonwealth designed to receive lithium-ion batteries 96 and separate components for recycling into new batteries. 97 (l) Retailers shall be in compliance with this section no later than 180 days after the 98 effective date of this section. 99 (m) The department shall promulgate any rules and regulations needed to implement this 100 section. 101 (n) The commissioner shall prepare an annual report analyzing the information provided 102 by battery manufacturers pursuant to clause (ii) of subsection (d). The annual report shall be 103 submitted, not later than December 31 of each year, to the governor; the chairs of the joint 104 committee on environment and natural resources and the clerks of the house of representatives 105 and senate.