An act relating to including rechargeable batteries and battery-containing products under the State battery stewardship program

BILL AS INTRODUCED H.688 2024 Page 1 of 32 VT LEG #372086 v.1 H.688 1 Introduced by Representatives Stebbins of Burlington, Anthony of Barre City, 2 Burke of Brattleboro, Logan of Burlington, Morris of 3 Springfield, Rice of Dorset, and Satcowitz of Randolph 4 Referred to Committee on 5 Date: 6 Subject: Conservation and development; waste management; extended 7 producer responsibility; rechargeable batteries 8 Statement of purpose of bill as introduced: This bill proposes to amend the 9 State’s existing battery stewardship program for primary batteries to also apply 10 to rechargeable batteries and battery-containing products. 11 An act relating to including rechargeable batteries and battery-containing 12 products under the State battery stewardship program 13 It is hereby enacted by the General Assembly of the State of Vermont: 14 Sec. 1. 10 V.S.A. chapter 168 is amended to read: 15 CHAPTER 168. PRODUCT STEWARDSHIP FOR PRIMARY BATTERIES 16 AND RECHARGEABLE BATTERIES 17 Subchapter 1. Definitions 18 § 7581. DEFINITIONS 19 As used in this chapter: 20 BILL AS INTRODUCED H.688 2024 Page 2 of 32 VT LEG #372086 v.1 (1) “Agency” means the Agency of Natural Resources. 1 (2)(A) “Battery-containing product” means an electronic product that 2 contains primary or rechargeable batteries that are easily removable or is 3 packaged with rechargeable or primary batteries. 4 (B) A “battery-containing product” does not include an electronic 5 product regulated under an approved plan implemented under chapter 166 of 6 this title. 7 (3) “Brand” means a name, symbol, word, or traceable mark that 8 identifies a primary or rechargeable battery and attributes the primary battery 9 to the owner or licensee of the brand as the producer. 10 (3)(4) “Calendar year” means the period commencing January 1 and 11 ending December 31 of the same year. 12 (4)(5) “Collection rate” means a percentage by weight that each 13 producer or primary battery stewardship organization collects by an established 14 date. The collection rate shall be calculated by dividing the total weight of the 15 primary batteries that are collected during a calendar year by the average 16 annual weight of primary batteries that were estimated to have been sold in the 17 State by participating producers during the previous three calendar years. 18 Estimates of primary batteries sold in the State may be based on a reasonable 19 pro rata calculation based on national sales. 20 BILL AS INTRODUCED H.688 2024 Page 3 of 32 VT LEG #372086 v.1 (5)(6) “Consumer” means any person who presents or delivers any 1 number of primary batteries to a collection facility that is included in an 2 approved primary battery stewardship plan “Covered battery” means a primary 3 battery or rechargeable battery. 4 (6)(7) “Consumer product” means any product that is regularly used or 5 purchased to be used for personal, family, or household purposes. “Consumer 6 product” shall not mean a product primarily used or purchased for industrial or 7 business use “Covered entity” means a person who presents to a collection 8 facility or event that is included in an approved collection plan any number of 9 covered batteries. 10 (7)(8) “Discarded primary battery” means a primary battery that is no 11 longer used for its manufactured purpose “Damaged and defective lithium 12 battery” means a lithium battery that has been damaged or is defective for 13 safety reasons or that has the potential of producing a dangerous evolution of 14 heat, fire, or short circuit, as referred to in 49 C.F.R. § 173.185(f) or as updated 15 by the Secretary by rule to maintain consistency with federal standards. 16 (8)(9) “Easily removable” means the battery is readily detachable from a 17 product by a person without the use of tools or with the use of common 18 household tools. 19 (9)(10) “Participate” means to appoint a primary battery stewardship 20 organization or rechargeable battery stewardship organization to operate on 21 BILL AS INTRODUCED H.688 2024 Page 4 of 32 VT LEG #372086 v.1 behalf of oneself and to have that appointment accepted by the stewardship 1 organization. 2 (10)(11) “Primary battery” means a nonrechargeable battery weighing 3 two kilograms 4.4 pounds or less, including alkaline, silver oxide, zinc air, 4 carbon-zinc, and lithium metal batteries. Beginning on January 1, 2026, 5 “primary battery” includes a nonrechargeable battery weighing more than 6 4.4 pounds but not more than 25 pounds. “Primary battery” shall does not 7 mean: 8 (A) a battery intended for industrial, business-to-business, warranty 9 or maintenance services, or nonpersonal use; 10 (B) a battery that is sold in a computer, computer monitor, computer 11 peripheral, printer, television, or device containing a cathode ray tube; 12 (C) a battery that is not easily removable or is not intended to be 13 removed from a consumer product from a battery-containing product; and or 14 (D)(B) a battery that is sold or used in a medical device, as that term 15 is defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321(h), as 16 may be amended contained within a medical device, as specified in 21 U.S.C. 17 § 321(h) as it existed on July 1, 2024, that is not designed and marketed for 18 sale or resale at retail locations for personal use. 19 (11)(12) “Primary battery Battery producer,” “battery-containing 20 product producer,” or “producer” means one of the following with regard to a 21 BILL AS INTRODUCED H.688 2024 Page 5 of 32 VT LEG #372086 v.1 primary battery or battery-containing product that is sold or offered for sale in 1 the State: 2 (A) a person who manufactures a primary battery or battery-3 containing product and who sells or offers for sale that primary battery or 4 battery-containing product in the State under the person’s own name or brand; 5 (B) if subdivision (A) of this subdivision (11)(12) does not apply, a 6 person who owns or licenses a trademark or brand under which a primary 7 battery or battery-containing product is sold or offered for sale whether or not 8 the trademark is registered; or 9 (C) if subdivisions (A) and (B) of this subdivision (11)(12) do not 10 apply, a person who imports a primary battery or battery-containing product 11 into the State for sale. 12 (12)(13) “Primary battery Battery stewardship organization” means an 13 organization appointed by one or more producers to act as an agent on behalf 14 of a producer or producers to design, submit, implement, and administer a 15 primary battery stewardship plan under this chapter. 16 (13)(14) “Primary battery Battery stewardship plan” or “plan” means a 17 plan submitted to the Secretary pursuant to section 7584 of this title by an 18 individual producer or a primary battery stewardship organization. 19 BILL AS INTRODUCED H.688 2024 Page 6 of 32 VT LEG #372086 v.1 (14)(15) “Program” or “stewardship program” means the system for the 1 collection, transportation, recycling, and disposal of primary batteries 2 implemented pursuant to an approved battery stewardship plan. 3 (15)(16)(A) “Rechargeable battery” means: 4 (i) one or more voltaic or galvanic cells, electrically connected to 5 produce electric energy and designed to be recharged and weighing less than 6 11 pounds; or 7 (ii) a battery pack designed to be recharged that weighs less than 8 11 pounds and that is designed to provide less than 40 volts direct current. 9 weighing not more than 25 pounds; and 10 (iii) having a watt-hour rating of not more than 2,000 watt-hours. 11 (B) “Rechargeable battery” shall does not mean: 12 (i) a battery that is not easily removable or is not intended or 13 designed to be removed from the covered product, other than by the 14 manufacturer from a battery-containing product; 15 (ii) a battery that contains electrolyte as a free liquid; 16 (iii) a battery or battery pack that employs lead-acid technology, 17 unless the battery or battery pack: 18 (I) is sealed; 19 (II) contains no liquid electrolyte; and 20 BILL AS INTRODUCED H.688 2024 Page 7 of 32 VT LEG #372086 v.1 (III) is intended by its manufacturer to power a handheld device 1 or to provide uninterrupted backup electrical power protection for stationary 2 consumer products or stationary office equipment weighs not more than 11 3 pounds; or 4 (iv) a battery intended for industrial, business-to-business, 5 warranty or maintenance services, or nonpersonal use a battery recalled by the 6 producer for safety reasons; or 7 (v) a battery contained within a medical device, as specified in 8 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and 9 marketed for sale or resale principally at retail for personal use. 10 (16) “Rechargeable battery steward” means a person who: 11 (A) manufactures a rechargeable battery or a rechargeable product 12 that is sold, offered for sale, or distributed in the State under its own brand 13 name; 14 (B) owns or licenses a trademark or brand under which a 15 rechargeable battery or rechargeable product is sold, offered for sale, or 16 distributed in the State, whether or not the trademark is registered; or 17 (C) if subdivisions (A) and (B) of this subdivision (16) do not apply, 18 imports a rechargeable battery or rechargeable product into the State for sale or 19 distribution. 20 BILL AS INTRODUCED H.688 2024 Page 8 of 32 VT LEG #372086 v.1 (17) “Rechargeable battery stewardship organization” means an entity 1 registered by the Secretary pursuant to section 7588 of this title that is either a 2 single rechargeable battery steward operating on its own behalf; an 3 organization appointed by one or more rechargeable battery stewards to 4 operate a plan in which each steward is participating; or a retailer or franchisor 5 of retailers operating a plan on behalf of itself or its franchisees. 6 (18) “Rechargeable product” means a consumer product that contains or 7 is packaged with a rechargeable battery at the time the product is sold, offered 8 for sale, or distributed in the State. “Rechargeable product” shall not mean: 9 (A) a product from which a rechargeable battery is not easily 10 removable or is not intended or designed to be removed from the product other 11 than by the manufacturer; or 12 (B) a medical device, as that term is defined in the Federal Food, 13 Drug, and Cosmetic Act, 21 U.S.C. § 321(h), as amended. 14 (19)(17) “Recycling” means any process by which discarded products, 15 components, and by-products byproducts are transformed into new usable or 16 marketable materials in a manner in which the original products may lose their 17 identity, but does not include energy recovery or energy generation by means 18 of combusting discarded products, components, and by-products byproducts 19 with or without other waste products. 20 BILL AS INTRODUCED H.688 2024 Page 9 of 32 VT LEG #372086 v.1 (20)(18) “Retailer” means a person who offers a primary covered 1 battery or battery-containing product for sale to any consumer or business at 2 retail in the State through any means, including remote offerings such as sales 3 outlets, catalogues, or an internet website. 4 (21)(19) “Secretary” means the Secretary of Natural Resources. 5 Subchapter 2. Primary Battery Stewardship Program 6 § 7582. SALE OF PRIMARY BATTERIES, RECHARGEABLE 7 BATTERIES, AND BATTERY-CONTAINING PRODUCTS 8 (a) Sale prohibited. Except as set forth under subsections (b) and (c) 9 subsection (b) of this section, beginning on January 1, 2016, a producer of a 10 primary battery, of a rechargeable battery, or of a battery-containing product 11 shall not sell, offer for sale, or deliver to a retailer for subsequent sale a 12 primary battery, a rechargeable battery, or a battery-containing product unless: 13 (1) the producer or the primary battery stewardship organization in 14 which the producer is participating is registered under an approved and 15 implemented primary battery stewardship plan; 16 (2) the producer or primary battery stewardship organization has paid 17 the fee under section 7594 of this title; and 18 (3) the name of the producer and the producer’s brand are designated on 19 the Agency website as covered by an approved primary battery stewardship 20 plan. 21 BILL AS INTRODUCED H.688 2024 Page 10 of 32 VT LEG #372086 v.1 (b) New producers. 1 (1) A producer of a primary battery who, after January 1, 2016, seeks to 2 sell, offer for sale, or offer for promotional purposes in the State a primary 3 battery not previously sold in State shall notify the Secretary prior to selling or 4 offering for sale or promotion a primary battery not covered by an approved 5 primary battery stewardship plan. 6 (2) A producer of a rechargeable battery or battery-containing product 7 who, after January 1, 2026, seeks to sell, offer for sale, or offer for promotional 8 purposes in the State a rechargeable battery or battery-containing product not 9 previously sold in State shall notify the Secretary prior to selling or offering for 10 sale or promotion a rechargeable battery or battery-containing product not 11 covered by an approved battery stewardship plan. 12 (3) The Secretary shall list a producer who supplies notice under this 13 subsection as a “new producer” on the Agency’s website. A producer that 14 supplies notice under this subsection shall have 90 days, not including the time 15 required for public comment under subsection 7586(c) of this section, to either 16 join an existing primary battery stewardship organization or submit a primary 17 battery stewardship plan for approval to the State. 18 (c) Exemption. A producer who annually sells, offers for sale, distributes, 19 or imports in or into the State primary batteries with a total retail value of less 20 than $2,000.00 shall be exempt from the requirements of this chapter. 21 BILL AS INTRODUCED H.688 2024 Page 11 of 32 VT LEG #372086 v.1 § 7583. PRIMARY BATTERY STEWARDSHIP ORGANIZATION; 1 REQUIREMENTS; REGISTRATION 2 (a) Participation in a primary battery stewardship organization. A producer 3 of primary covered batteries or battery-containing products may meet the 4 requirements of this chapter by participating in a primary battery stewardship 5 organization that undertakes the producer’s responsibilities under 6 sections 7582, 7584, and 7585 of this title. 7 (b) Qualifications for a primary battery stewardship organization. To 8 qualify as a primary battery stewardship organization under this chapter, an 9 organization shall: 10 (1) commit to assume the responsibilities, obligations, and liabilities of 11 all producers participating in the primary battery stewardship organization; 12 (2) not create unreasonable barriers for participation by producers in the 13 primary battery stewardship organization; and 14 (3) maintain a public website that lists all producers and producers’ 15 brands covered by the primary battery stewardship organization’s approved 16 collection plan. 17 (c) Registration requirements. 18 (1) Beginning on March 1, 2015 and annually thereafter, a primary 19 Annually, a battery stewardship organization shall file a registration form with 20 the Secretary. The Secretary shall provide the registration form to a primary 21 BILL AS INTRODUCED H.688 2024 Page 12 of 32 VT LEG #372086 v.1 battery stewardship organization. The registration form shall require 1 submission of the following information: 2 (A) a list of the producers participating in the primary battery 3 stewardship organization; 4 (B) the name, address, and contact information of a person 5 responsible for ensuring a producer’s compliance with this chapter; 6 (C) a description of how the primary battery stewardship 7 organization proposes to meet the requirements of subsection (a) of this 8 section, including any reasonable requirements for participation in the primary 9 battery stewardship organization; and 10 (D) the name, address, and contact information of a person for a 11 nonmember manufacturer to contact on how to participate in the primary 12 battery stewardship organization to satisfy the requirements of this chapter. 13 (2) A renewal of a registration without changes may be accomplished 14 through notifying the Secretary on a form provided by the Secretary. 15 § 7584. PRIMARY BATTERY STEWARDSHIP PLAN 16 (a) Primary battery Battery stewardship plan required. On or before June 1, 17 2015, each Each producer selling, offering for sale, distributing, or offering for 18 promotional purposes a primary battery, a rechargeable battery, or a battery-19 containing product in the State shall individually or as part of a primary battery 20 BILL AS INTRODUCED H.688 2024 Page 13 of 32 VT LEG #372086 v.1 stewardship organization submit a primary battery stewardship plan to the 1 Secretary for review. 2 (b) Primary battery Battery stewardship plan; minimum requirements. 3 Each primary battery stewardship plan shall include, at a minimum, all of the 4 following elements: 5 (1) List of producers and brands. Each primary battery stewardship plan 6 shall list: 7 (A) all participating producers and contact information for each of 8 the participating producers; and 9 (B) the brands of primary batteries or battery-containing products 10 covered by the plan. 11 (2) Free collection. Each primary battery stewardship plan shall provide 12 for the collection of primary covered batteries from consumers covered entities 13 at no cost to consumers covered entities. A producer shall not refuse the 14 collection of a primary covered battery based on the brand or producer of the 15 primary battery. 16 (3) Collection; convenience. Each primary Except for damaged and 17 defective lithium batteries and lithium-ion batteries with over 300 watt-hours, 18 each battery stewardship plan shall: 19 (A) Allow all retailers who meet requirements specified in the plan, 20 all municipalities, and all certified solid waste management facilities, and 21 BILL AS INTRODUCED H.688 2024 Page 14 of 32 VT LEG #372086 v.1 certified salvage yards that meet requirements specified in the plan to opt in to 1 be a collection facility. 2 (B) Provide, at a minimum, no not fewer than two collection facilities 3 in each county in the State that provide for collection throughout the year. 4 (C) Provide for the acceptance from a consumer of up to 100 5 batteries per visit. A collection facility may agree to accept more than 100 6 batteries per visit from a consumer. 7 (4) Collection of damaged and defective lithium batteries and lithium-8 ion batteries with over 300 watt-hours. Each battery stewardship plan shall: 9 (A) allow any certified solid waste facility to collect damaged and 10 defective lithium batteries and lithium-ion batteries with over 300 watt-hours, 11 provided that facility can meet the safety requirements as outlined in the 12 stewardship plan; 13 (B) include how the program will provide packaging consistent with 14 the requirements found in the U.S. Department of Transportation Hazardous 15 Materials Regulations and the necessary forms and instructions for the safe 16 transportation of damaged or defective lithium batteries and lithium-ion 17 batteries with over 300 watt-hours at no cost to certified solid waste facilities; 18 and 19 (C) unless otherwise approved by the Secretary, provide throughout 20 the year not fewer than two collection facilities, at a minimum, in each county 21 BILL AS INTRODUCED H.688 2024 Page 15 of 32 VT LEG #372086 v.1 in the State for the collection of damaged and defective lithium batteries and 1 lithium-ion batteries with over 300 watt-hours. 2 (5) Method of disposition. Each primary battery stewardship plan shall 3 include a description of the method that will be used to responsibly manage 4 discarded primary batteries to ensure that the components of the discarded 5 primary batteries, to the extent economically and technically feasible, are 6 recycled. 7 (5)(6) Roles and responsibilities. A primary battery stewardship plan 8 shall list all key participants in the primary battery collection chain, including: 9 (A) the number and name of the collection facilities accepting 10 primary the batteries to be collected under the plan, including the address and 11 contact information for each facility; 12 (B) the name and contact information of a transporter or contractor 13 collecting primary batteries from collection facilities; and 14 (C) the name, address, and contact information of the recycling 15 facilities that process the collected primary batteries. 16 (6)(7) Education and outreach. A primary battery stewardship plan shall 17 include an education and outreach program. The education and outreach 18 program may include mass media advertising in radio or television broadcasts 19 or, newspaper publications of general circulation in the State, retail displays, 20 articles in trade and other journals and publications, social media and internet 21 BILL AS INTRODUCED H.688 2024 Page 16 of 32 VT LEG #372086 v.1 sites, and other public educational efforts. The education and outreach 1 program shall describe the outreach procedures that will be used to provide 2 notice of the program to businesses, municipalities, certified solid waste 3 management facilities, retailers, wholesalers, and haulers. At a minimum, the 4 education and outreach program shall notify the public of the following: 5 (A) that there is a free collection program for all primary batteries; 6 and 7 (B) the location of collection points and how to access the collection 8 program. 9 (7)(8) Reimbursement. A primary battery stewardship plan shall 10 include a reimbursement procedure that is consistent with the requirements of 11 subchapter 4 of this chapter. 12 (8)(9) Performance goal; collection rate. A primary battery stewardship 13 plan shall include a collection rate performance goal for the primary batteries 14 and rechargeable batteries subject to the plan. The collection rate includes the 15 estimated total weight of primary batteries and rechargeable batteries that will 16 be sold or offered for sale in the State by the producer or the producers 17 participating in the primary battery stewardship plan. 18 (10) Safety training. A battery stewardship plan shall describe how it 19 shall provide safety training for collection locations, including handling 20 BILL AS INTRODUCED H.688 2024 Page 17 of 32 VT LEG #372086 v.1 damaged and defective lithium batteries and lithium-ion batteries with over 1 300 watt-hours. 2 (11) Fair compensation. Each battery stewardship plan shall provide a 3 description of how municipalities and certified solid waste management 4 facilities acting as battery collection facilities for the program shall be fairly 5 compensated for labor and material costs associated with collecting, sorting, 6 storing, and shipping batteries. 7 (c) Implementation. 8 (1) A producer or a primary battery stewardship organization shall 9 implement the collection plan not later than six months after the date of a final 10 decision by the Secretary on the adequacy of the collection plan. 11 (2) A producer or battery stewardship organization shall include 12 provisions in the plan for the implementation of the program in conjunction 13 with those retailers, municipalities, and certified solid waste management 14 facilities acting as collection facilities under a program. No transportation or 15 recycling cost shall be imposed on retailers, municipalities, or certified solid 16 waste management facilities acting as collection facilities under a program. A 17 producer or a primary battery stewardship organization shall provide retailers, 18 municipalities, and certified solid waste management facilities acting as 19 collection facilities products or equipment for setting up a collection point and 20 BILL AS INTRODUCED H.688 2024 Page 18 of 32 VT LEG #372086 v.1 for providing for the pickup of collected primary batteries, including arranging 1 for the management of those primary batteries. 2 § 7585. ANNUAL REPORT; PLAN AUDIT 3 (a) Annual report. On or before March 1, 2017 and annually thereafter 4 Annually, a battery producer or a primary battery stewardship organization 5 shall submit a report to the Secretary that contains the following: 6 (1) the weight of primary covered batteries collected by chemistry by 7 the producer or the primary battery stewardship organization in the prior 8 calendar year; 9 (2) the estimated percentage, by weight, of rechargeable batteries 10 collected by the producer or the primary battery stewardship organization in 11 the prior calendar year; 12 (3) the percentage of primary covered batteries collected in the prior 13 calendar year that are from producers who are not participating in any 14 approved stewardship plan, based on periodic sorting of primary batteries by 15 the reporting producer; 16 (4)(3) the collection rate achieved in the prior calendar year under the 17 primary battery stewardship plan, including a report of the estimated total sales 18 data by weight for primary covered batteries sold in the State for the previous 19 three calendar years; 20 BILL AS INTRODUCED H.688 2024 Page 19 of 32 VT LEG #372086 v.1 (5)(4) the locations for all collection points set up by the primary battery 1 producers covered by the primary battery stewardship plan and contact 2 information for each location; 3 (6)(5) examples and description of educational materials used to 4 increase collection; 5 (7)(6) the manner in which the collected primary covered batteries were 6 managed; 7 (8)(7) any material change to the primary battery stewardship plan 8 approved by the Secretary pursuant to section 7586 of this title; and 9 (9)(8) the cost of implementation of the primary battery stewardship 10 plan, including the costs of collection, recycling, education, and outreach. 11 (b) Plan audit. After five years of implementation of an approved primary 12 battery stewardship plan, a primary covered battery producer or primary 13 battery stewardship organization shall hire an independent third party to 14 conduct a one-time audit of the primary battery stewardship plan and plan 15 operation. The auditor shall examine the effectiveness of the primary battery 16 stewardship plan in collecting and recycling primary covered batteries. The 17 independent auditor shall examine the cost-effectiveness of the plan and 18 compare it to that of collection plans or programs for primary covered batteries 19 in other jurisdictions. The independent auditor shall submit the results of the 20 BILL AS INTRODUCED H.688 2024 Page 20 of 32 VT LEG #372086 v.1 audit to the Secretary as part of the annual report required under subsection (a) 1 of this section. 2 § 7586. AGENCY RESPONSIBILITIES; APPROVAL OF PLANS 3 (a) Approval of plan. Within 90 days after receipt of a proposed primary 4 battery stewardship plan, not including the time required for public comment 5 under chapter 170 of this title, the Secretary shall determine whether the plan 6 complies with the requirements of section 7584 of this title. If the Secretary 7 determines that a plan complies with the requirements of section 7584 of this 8 title, the Secretary shall notify the applicant of the plan approval in writing. If 9 the Secretary rejects a primary battery stewardship plan, the Secretary shall 10 notify the applicant in writing of the reasons for rejecting the plan. An 11 applicant whose plan is rejected by the Secretary shall submit a revised plan to 12 the Secretary within 45 days of following receiving notice of rejection. A 13 primary battery stewardship plan that is not approved or rejected by the 14 Secretary within 90 days, not including the time required for public comment 15 under chapter 170 of this title, of following submission by a producer shall be 16 deemed approved. 17 (b) Plan amendment; changes. Any changes to a proposed primary battery 18 stewardship plan shall be approved by the Secretary in writing. The Secretary, 19 in his or her the Secretary’s discretion or at the request of a producer, may 20 BILL AS INTRODUCED H.688 2024 Page 21 of 32 VT LEG #372086 v.1 require a producer or a primary battery stewardship organization to amend an 1 approved plan. 2 (c) Public review. When the Secretary receives a request to approve or 3 amend a primary battery stewardship plan under this subchapter, the Secretary 4 shall proceed in accordance with chapter 170 of this title. 5 (d) [Repealed.] 6 (e) Registrations. The Secretary shall accept, review, and approve or deny 7 primary battery stewardship organization registrations submitted under 8 section 7583 of this title. 9 (f) Agency website. The Secretary shall maintain a website that includes a 10 copy of all approved primary battery stewardship plans, the names of 11 producers with approved plans, participation in approved plans, or other 12 compliance with this chapter. The website shall list all of an approved primary 13 battery producer’s, rechargeable battery producer’s, and battery-containing 14 product producer’s brands covered by a primary battery stewardship plan filed 15 with the Secretary. The Secretary shall update information on the website 16 within 10 days of following receipt of notice of any change to the listed 17 information. The website shall list all known primary battery producers, 18 rechargeable battery producers, and battery-containing product producers 19 exempt from the requirements of this chapter under subsection 7582(c) of this 20 title. 21 BILL AS INTRODUCED H.688 2024 Page 22 of 32 VT LEG #372086 v.1 (g) Term of primary battery stewardship plan. A primary battery 1 stewardship plan approved by the Secretary under this section shall have a 2 term not to exceed five years, provided that the primary battery producer or 3 primary battery stewardship organization remains in compliance with the 4 requirements of this chapter and the terms of the approved plan. 5 § 7587. RETAILER OBLIGATIONS 6 (a) Sale prohibited. Except as set forth in subsection (b) of this section, no 7 retailer shall sell or offer for sale a primary battery or battery-containing 8 product on or after January 1, 2016 2026 unless the producer of the primary 9 battery or battery-containing product is implementing an approved primary 10 battery stewardship plan, is a member of a primary battery stewardship 11 organization implementing an approved primary battery stewardship plan, or is 12 exempt from participation in an approved plan, as determined by review of the 13 producers listed on the Agency website required in subsection 7586(f) of this 14 title. 15 (b) Inventory exception; expiration or revocation of producer registration. 16 A retailer shall not be responsible for an unlawful sale of a primary battery, 17 rechargeable battery, or battery-containing product under this subsection if: 18 (1) the retailer purchased the primary battery weighing 4.4 pounds or 19 less prior to January 1, 2016 and sells the primary battery on or before January 20 1, 2017; or 21 BILL AS INTRODUCED H.688 2024 Page 23 of 32 VT LEG #372086 v.1 (2) the retailer purchased the primary battery weighing more than 4.4. 1 pounds, battery-containing product, or rechargeable battery, prior to January 1, 2 2026 and sells the primary battery, battery-containing product, or rechargeable 3 battery on or before January 1, 2027; or 4 (3) the producer’s primary battery stewardship plan expired or was 5 revoked, and the retailer took possession of the in-store inventory of primary 6 batteries, rechargeable batteries, or battery-containing products prior to the 7 expiration or revocation of the producer’s primary battery stewardship plan. 8 (c) Educational material. A producer or primary battery stewardship 9 organization supplying primary covered batteries to a retailer shall provide the 10 retailer with educational materials describing collection opportunities for 11 primary batteries and rechargeable batteries. The retailer shall make the 12 educational materials available to consumers. 13 Subchapter 3. Registration of Rechargeable Battery Stewardship Organization 14 § 7588. REGISTRATION OF RECHARGEABLE BATTERY 15 STEWARDSHIP ORGANIZATION 16 (a) A rechargeable battery steward or rechargeable battery stewardship 17 organization shall register with the Secretary in order to seek reimbursement 18 under subchapter 4 of this chapter. 19 (b) The Secretary shall register a rechargeable battery steward or 20 rechargeable battery stewardship organization upon: 21 BILL AS INTRODUCED H.688 2024 Page 24 of 32 VT LEG #372086 v.1 (1) submission of a registration form provided by the Secretary that 1 includes: 2 (A) the name of a rechargeable battery steward implementing an 3 individual program or a list of the producers participating in a rechargeable 4 battery stewardship organization; and 5 (B) the name, address, and contact information of a person 6 responsible for implementing the rechargeable battery stewardship program; 7 (2) a determination by the Secretary that the rechargeable battery 8 steward or rechargeable battery stewardship organization offers to 9 municipalities, certified solid waste management facilities, and retailers a year-10 round free collection and recycling program. [Repealed.] 11 Subchapter 4. Reimbursement 12 § 7589. REIMBURSEMENT; AUTHORIZATION 13 (a) Reimbursement of primary battery producers and rechargeable battery 14 producers. 15 (1) A producer or a primary battery stewardship organization operating 16 under an approved primary battery stewardship plan that collects primary 17 batteries and rechargeable batteries or rechargeable batteries that are not listed 18 under its approved plan shall be entitled to reimbursement from the following 19 entities of reimbursable costs per unit of weight incurred in collecting the 20 batteries: 21 BILL AS INTRODUCED H.688 2024 Page 25 of 32 VT LEG #372086 v.1 (A) the producer of the collected primary battery or rechargeable 1 battery or the primary battery stewardship organization representing the 2 producer of the collected primary battery; or rechargeable battery 3 (B) the rechargeable battery steward responsible for the collected 4 rechargeable batteries or, where the rechargeable battery steward responsible 5 for the collected rechargeable batteries is participating in a rechargeable 6 battery stewardship organization, the stewardship organization. 7 (2) Reimbursement may be requested by a collecting primary battery 8 producer or rechargeable battery producer or primary battery stewardship 9 organization only after that producer or battery stewardship organization has 10 achieved the collection rate performance goal approved by the Secretary under 11 section 7584 of this title. 12 (b) Reimbursement of rechargeable battery stewardship organization. A 13 registered rechargeable battery steward or rechargeable battery stewardship 14 organization shall be entitled to reimbursement from the producer of the 15 collected primary battery or the primary battery stewardship organization 16 representing the producer of the collected primary battery. 17 (c) Reimbursable costs. Under this subchapter, reimbursement shall be 18 allowed only for those costs incurred in collecting the batteries subject to the 19 reimbursement request. Reimbursable costs include: 20 BILL AS INTRODUCED H.688 2024 Page 26 of 32 VT LEG #372086 v.1 (1) costs of collection, transport, recycling, and other methods of 1 disposition identified in a primary battery stewardship plan approved pursuant 2 to section 7586 of this title; and 3 (2) reasonable educational, promotional, or administrative costs. 4 § 7590. REIMBURSEMENT PROCESS 5 (a) Reimbursement request. 6 (1) A primary battery producer, primary or battery stewardship 7 organization, or rechargeable battery stewardship organization that incurs 8 reimbursable costs under section 7589 of this title shall submit a request to the 9 producer of the collected primary battery or the primary battery stewardship 10 organization in which the producer is participating or the rechargeable battery 11 stewardship organization responsible for the collected rechargeable covered 12 battery. 13 (2) A producer or primary battery stewardship organization or 14 rechargeable battery stewardship organization that receives a request for 15 reimbursement may, prior to payment and within 30 days of following receipt 16 of the request for reimbursement, request an independent audit of submitted 17 reimbursement costs. 18 (3) The independent auditor shall be responsible for verifying the 19 reasonableness of the reimbursement request, including the costs sought for 20 BILL AS INTRODUCED H.688 2024 Page 27 of 32 VT LEG #372086 v.1 reimbursement, the amount of reimbursement, and the reimbursable costs 1 assessed by each of the two programs. 2 (4) If the independent audit confirms the reasonableness of the 3 reimbursement request, the producer, primary or battery stewardship 4 organization, or rechargeable battery stewardship organization requesting the 5 audit shall pay the cost of the audit and the amount of the reimbursement 6 calculated by the independent auditor. If the independent audit indicates the 7 reimbursement request was not reasonable, the producer or primary battery 8 stewardship organization that initiated the reimbursement request shall pay the 9 cost of the audit and the amount of the reimbursement calculated by the 10 independent auditor. 11 (b) Role of Agency. The Agency shall not be required to provide 12 assistance or otherwise participate in a reimbursement request, audit, or other 13 action under this section, unless subject to subpoena before a court of 14 jurisdiction. 15 Subchapter 5. General Provisions 16 § 7592. CONFIDENTIALITY OF SUBMITTED DATA 17 (a) Confidentiality. Reports and data submitted under this chapter shall be 18 available for public inspection and copying, provided that: 19 (1) Information protected under the Uniform Trade Secrets Act, as 20 codified under 9 V.S.A. chapter 143, or under the trade secret exemption under 21 BILL AS INTRODUCED H.688 2024 Page 28 of 32 VT LEG #372086 v.1 1 V.S.A. § 317(c)(9) shall be exempt from public inspection and copying under 1 the Public Records Act. 2 (2) The Secretary may publish information confidential under 3 subdivision (1) of this subsection in a summary or aggregated form that does 4 not directly or indirectly identify individual producers, battery stewards, 5 distributors, or retailers. 6 (b) Omission of trade secret information. The Secretary may require, as a 7 part of a report submitted under this chapter, that the producer, primary or 8 battery stewardship organization, rechargeable battery steward, or rechargeable 9 battery stewardship organization submit a report that does not contain trade 10 secret information and is available for public inspection and review. 11 (c) Total weight of batteries. The total weight of batteries collected under 12 an approved primary battery stewardship plan is not confidential business 13 information under the Uniform Trade Secrets Act, as codified under 9 V.S.A. 14 chapter 143, and shall be subject to inspection and review under the Public 15 Records Act, 1 V.S.A chapter 5, subchapter 3. 16 § 7593. ANTITRUST; CONDUCT AUTHORIZED 17 (a) Activity authorized. A producer, group of producers, or primary a 18 battery stewardship organization implementing or participating in an approved 19 primary battery stewardship plan under this chapter for the collection, 20 transport, processing, and end-of-life management of primary batteries and 21 BILL AS INTRODUCED H.688 2024 Page 29 of 32 VT LEG #372086 v.1 rechargeable batteries is individually or jointly immune from liability for the 1 conduct under State laws relating to antitrust, restraint of trade, unfair trade 2 practices, and other regulation of trade or commerce under 9 V.S.A. chapter 3 63, subchapter 1, to the extent that the conduct is reasonably necessary to plan, 4 implement, and comply with the producer’s, group of producers’, or primary 5 battery stewardship organization’s chosen system for managing discarded 6 primary batteries and rechargeable batteries. This subsection shall also apply 7 to conduct of a retailer or wholesaler participating in a producer or primary 8 battery stewardship organization’s approved primary battery stewardship plan 9 when the conduct is necessary to plan and implement the producer’s or 10 primary battery stewardship organization’s organized collection or recycling 11 system for discarded batteries. 12 (b) Limitations on anti-trust activity. Subsection (a) of this section shall 13 not apply to an agreement among producers, groups of producers, retailers, 14 wholesalers, or primary battery stewardship organizations affecting the price of 15 primary batteries or rechargeable batteries or any agreement restricting the 16 geographic area in which, or customers to whom, primary batteries or 17 rechargeable batteries shall be sold. 18 § 7594. ADMINISTRATIVE FEE 19 (a) Fees assessed. A primary battery producer or primary battery 20 stewardship organization shall pay a fee of $15,000.00 annually for operation 21 BILL AS INTRODUCED H.688 2024 Page 30 of 32 VT LEG #372086 v.1 under a primary battery stewardship plan approved by the Secretary under 1 section 7586 of this title. 2 (b) Disposition of fees. The fees collected under subsection (a) of this 3 section shall be deposited in the Environmental Permit Fund under 3 V.S.A. 4 § 2805. 5 § 7595. RULEMAKING; PROCEDURE 6 The Secretary may adopt rules or procedures to implement the requirements 7 of this chapter. 8 Sec. 2. 10 V.S.A. § 6621a is amended to read: 9 § 6621a. LANDFILL DISPOSAL REQUIREMENTS 10 (a) In accordance with the following schedule, no person shall knowingly 11 dispose of the following materials in solid waste or in landfills: 12 (1) Lead-acid batteries, after July 1, 1990. 13 * * * 14 (6) Nickel-cadmium batteries, small sealed lead acid batteries, 15 nonconsumer mercuric oxide batteries, rechargeable batteries, primary 16 batteries, and any other battery added by the Secretary by rule. 17 * * * 18 Sec. 3. ANR BATTERY ASSESSMENT 19 (a) On or before July 1, 2026, the Secretary of Natural Resources shall 20 complete an assessment of the opportunities, challenges, and feasibility of 21 BILL AS INTRODUCED H.688 2024 Page 31 of 32 VT LEG #372086 v.1 establishing mandatory end-of-life management programs for the following 1 battery types: 2 (1) batteries used in hybrid and electric vehicles; 3 (2) battery energy storage systems; and 4 (3) batteries that are not easily removable from the products they power. 5 (b) The assessment required by this section shall include: 6 (1) a summary of the work and progress other states have made in 7 establishing end-of-life management programs for the three battery types listed 8 under subsection (a) of this section; and 9 (2) policy recommendations on whether mandatory end-of-life 10 management programs are necessary for the battery types listed under 11 subsection (a) of this section. 12 (c) The assessment required by this section shall be provided to the House 13 Committee on Environment and Energy and the Senate Committee on Natural 14 Resources and Energy. 15 Sec. 4. IMPLEMENTATION 16 (a) The requirements for the sale of batteries under 10 V.S.A. § 7582 shall 17 apply to primary batteries weighing less than 4.4 pounds beginning on January 18 1, 2016 and to primary batteries weighing more than 4.4 pounds but less than 19 25 pounds, rechargeable batteries, and battery-containing products beginning 20 on January 1, 2026. 21 BILL AS INTRODUCED H.688 2024 Page 32 of 32 VT LEG #372086 v.1 (b) The requirement under 10 V.S.A. § 7583 for a battery stewardship 1 organization to register with the Secretary of Natural Resources currently 2 applies to producers of primary batteries as required beginning on March 1, 3 2015 and shall also apply to producers of rechargeable batteries and battery-4 containing products beginning on March 1, 2025. 5 (c) The requirement under 10 V.S.A. § 7584 for a battery producer to 6 submit a battery stewardship plan to the Secretary of Natural Resources 7 currently applies to producers of primary batteries as required beginning on 8 June 1, 2015 and shall also apply to producers of rechargeable batteries and 9 battery-containing products beginning on June 1, 2025. 10 (d) The requirement under 10 V.S.A. § 7585 that a battery producer 11 annually report to the Secretary of Natural Resources currently applies to 12 producers of primary batteries as required beginning on March 1, 2017 and 13 shall also apply to producers of rechargeable batteries beginning on March 1, 14 2027. 15 Sec. 5. EFFECTIVE DATES 16 This act shall take effect on July 1, 2024, except that 10 V.S.A. § 7587 17 (retail sale obligation) shall take effect on January 1, 2026. 18