THE BILL ITSELF
HB 1067
Battery Collection and Disposal
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A bill to be entitled
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An act relating to battery collection and disposal;
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providing a short title; repealing s. 403.7192, F.S.,
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relating to battery requirements for consumers,
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manufacturers, and sellers; creating s. 403.71911,
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F.S.; providing definitions; prohibiting, beginning on
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a specified date, producers or retailers from selling,
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offering for sale, or distributing for sale any
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battery or battery containing product unless certain
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conditions are met; providing applicability; requiring
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battery stewardship organizations to submit specified
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battery stewardship plans to the Department of
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Environmental Protection by a specified date;
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requiring that proposed amendments to approved plans
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be submitted to the department; requiring battery
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stewardship organizations with approved plans to
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submit new plans to the department for approval within
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a specified timeframe; requiring such plans to include
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certain audits and corrective measures; requiring the
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department to approve, conditionally approve, or deny
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such plans or amendments within a specified timeframe;
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providing requirements for the approval or denial of
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such plans and amendments; providing requirements for
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the implementation of approved battery stewardship
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plans; authorizing battery stewardship organizations
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to issue warnings to, suspend, or terminate collection
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sites or services under specified conditions;
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requiring battery stewardship organizations to provide
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certain notice to the department; providing conditions
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under which battery stewardship organizations are not
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required to provide for the collection of certain
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batteries; providing requirements for the promotion of
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approved battery stewardship plans; requiring battery
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stewardship organizations to submit annual reports to
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the department beginning on a specified date;
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prohibiting producers, retailers, or battery
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stewardship organizations from charging consumers
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certain point-of-sale fees; requiring the department
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to post certain information on its website; providing
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an exemption from certain liability for producers,
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retailers, and battery stewardship organizations;
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providing for household and mail-back collection
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services for covered batteries; providing requirements
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for the collection, disposal, and processing of
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batteries beginning on a specified date; providing an
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exemption from certain liability for solid waste
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facilities and collectors; prohibiting battery
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stewardship organizations from refusing to accept
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covered batteries under certain conditions; providing
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penalties; requiring the proceeds from such penalties
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be deposited in the Legal Affairs Revolving Trust Fund
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of the Department of Legal Affairs and used for
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specified enforcement; providing for civil actions;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Safe Battery
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Collection and Recovery Act."
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Section 2. Section 403.7192, Florida Statutes, is
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repealed.
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Section 3. Section 403.71911, Florida Statutes, is created
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to read:
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403.71911 Safe battery collection and recovery.—
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(1) As used in this section, the term:
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(a) "Battery containing product" means a product that
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contains or is packaged with a covered battery. The term does
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not include computers, small-scale servers, computer monitors,
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electronic keyboards and mice, printers, fax machines, scanners,
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televisions, digital video disc players and recorders, video
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cassette recorders, digital converter boxes, cable receivers,
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satellite receivers, portable digital music players, and video
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game consoles.
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(b) "Battery stewardship organization" means an
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organization designated by a producer or a group of five or more
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producers that directly implements a battery stewardship plan
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approved by the department under this section.
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(c) "Covered battery" means a portable battery or a medium
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format battery. The term does not include:
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1. A battery that is contained in a medical device
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regulated under the Federal Food, Drug, and Cosmetic Act, 21
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U.S.C. ss. 301 et seq., and that is not designed or marketed for
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sale or resale at retail locations for personal use;
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2. A battery that contains an electrolyte as a free liquid
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or a product that contains such a battery;
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3. A battery designed to power a motor vehicle, part of a
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motor vehicle, or a component part of a motor vehicle assembled
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by or for a vehicle manufacturer or franchised dealer, including
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replacement parts for use in a motor vehicle;
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4. A battery in a product that is not intended or designed
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to be easily removed from the product;
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5. A battery or battery containing product that is being
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recalled for safety reasons; or
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6. A battery or battery containing product offered for
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resale by a business that, as part of its operations, offers
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products for resale to other businesses or to consumers.
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(d) "Damaged and defective batteries" means batteries that
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have been damaged or that have been identified by the
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manufacturer as being defective for safety reasons and that have
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the potential to produce a dangerous evolution of heat or fire
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or short circuit, as referred to in 49 CFR 173.185(f) as of
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January 1, 2023, or as updated by rule to maintain consistency
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with federal standards.
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(e) "Department" means the Department of Environmental
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Protection.
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(f) "Lithium-ion battery" means a rechargeable energy
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storage device, weighing less than 25 pounds, that uses lithium
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ions to move between a positive electrode made of lithium-
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containing compounds and a negative electrode facilitating
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energy storage and release through an intercalation process.
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(g) "Medium format battery" means:
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1. For batteries that are not capable of being recharged,
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a battery that weighs more than 4.4 pounds but less than 25
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pounds; or
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2. For rechargeable batteries, a battery that weighs more
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than 11 pounds or has a rating of more than 300 watt-hours, or
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both, but does not weigh more than 25 pounds or have a rating of
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more than 2,000 watt-hours.
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(h) "Portable battery" means:
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1. For batteries that are not capable of being recharged,
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a battery that weighs no more than 4.4 pounds; or
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2. For rechargeable batteries, a battery that weighs less
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than 11 pounds and that has a rating of no more than 300 watt-
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hours.
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(i)1. "Producer" means a person who sells, offers for
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sale, or distributes for sale in this state a covered battery or
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battery containing product and who is:
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a. If the covered battery or battery containing product is
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sold under a brand owned by the manufacturer of the battery or
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product, the person who manufactures the battery or product;
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b. If the covered battery or battery containing product is
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sold under a retail brand or under a brand owned by a person
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other than the manufacturer of the battery or product, the
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person who owns the brand;
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c. The licensee of a brand or trademark under which the
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covered battery or battery containing product is sold, offered
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for sale, or distributed for sale in this state, regardless of
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whether the trademark is registered in this state;
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d. The importer of record for the covered battery or
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battery containing product into the United States for the
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purpose of selling, offering for sale, or distributing for sale
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in this state the battery or product; or
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e. A person with a commercial presence in this state who
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first sells, offers for sale, or distributes for sale in this
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state the covered battery or battery containing product.
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2. The term does not include a person who only sells,
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offers for sale, or distributes for sale in this state a battery
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containing product if the battery is supplied by another
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producer that has designated a battery stewardship organization
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to implement a battery stewardship plan and certifies this fact
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in writing to the person who only sells, offers for sale, or
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distributes for sale the battery containing product.
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(j) "Rechargeable battery" means a battery that contains
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one or more voltaic or galvanic cells electrically connected to
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produce electric energy and is designed to be recharged.
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(k) "Recovery" means the collection, accumulation, and
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transport of covered batteries or battery-containing products
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for the purpose of a recycling process.
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(l) "Recycling" means the separation, dismantling, or
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processing recovered batteries or battery-containing products or
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materials, components, or commodities contained in electronic
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waste for the purpose of preparing batteries for use or reuse in
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new products or components.
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1. The term includes the manual and mechanical separation
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of electronic waste to recover materials, components, or
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commodities contained therein for the purpose of reuse or
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recycling and changing the physical composition of electronic
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waste to segregate components for purposes of recycling those
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components.
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2. The term does not include:
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a. Destruction by incineration or other processes;
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b. Energy recovery or energy generation by means of
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combustion, gasification, pyrolysis, or other means;
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c. Land disposal of recyclable materials; or
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d. Reuse, repair, or any other process through which
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batteries are returned in their original form.
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(m) "Recycling efficiency rate" means the percentage
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calculated by dividing the weight of components and materials
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recovered by a battery stewardship organization by the weight of
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covered batteries collected by the battery stewardship
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organization.
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(n) "Retailer" means a person who sells or offers for sale
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a covered battery in this state or offers or otherwise makes
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available covered batteries or battery-containing products
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containing one or more covered batteries to a customer,
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including other businesses, in this state.
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(2) Beginning January 1, 2028, a producer or retailer may
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not sell, offer for sale, or distribute for sale in this state
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any covered battery or battery containing product unless the
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producer of the covered battery or battery containing product is
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a member of a battery stewardship organization operating under a
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battery stewardship plan approved by the department under this
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section. This subsection does not apply to a retailer if the
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website maintained by the department under this section lists,
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as of the date a battery or product is made available for retail
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sale, the producer or brand of the battery or product as being
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covered by an approved battery stewardship plan.
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(3) Beginning January 1, 2028, a producer or retailer may
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not sell, offer for sale, or distribute for sale in this state
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any covered battery or battery containing product unless the
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covered battery or battery in the battery containing product is
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marked with an identification of the producer of the battery.
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This subsection does not apply if the battery is less than one-
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half inch in diameter or does not contain a surface with a
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length that exceeds one-half inch.
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(4) Beginning January 1, 2029, a producer or retailer may
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not sell, offer for sale, or distribute for sale in this state
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any covered battery or battery containing product unless the
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covered battery or battery in the battery containing product is
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marked to ensure proper collection and recycling by an
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identification of the chemistry of the battery and an indication
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that the battery should not be disposed of as household waste.
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This subsection does not apply if the battery is less than one-
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half inch in diameter or does not contain a surface with a
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length that exceeds one-half inch.
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(5)(a) By January 1, 2027, each battery stewardship
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organization shall submit a battery stewardship plan to the
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department for review and approval.
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(b) A battery stewardship plan may not have a term of more
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than 5 years and must include all of the following:
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1. The names and contact information for each producer
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member of the organization.
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2. The brands of all of the covered batteries that the
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organization's producer members sell, offer for sale, or
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distribute for sale in this state.
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3. Strategies for achieving target recycling efficiency
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rates of at least 60 percent for rechargeable batteries and at
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least 70 percent for batteries that are not capable of being
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recharged.
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4. Strategies for informing retailers of the prohibitions
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under this section.
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5. Education and outreach strategies for promoting
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consumer awareness of safe battery collection and disposal.
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6. A process for making available to collection sites for
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voluntary use signage, written materials, and other promotional
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materials to inform consumers of the available end-of-life
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management options for covered batteries collected under the
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battery stewardship plan.
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7. Collection site safety training related to covered
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battery collection activities, including operating protocols to
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reduce risks of spills or fires, response protocols in the event
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of a spill or fire, and protocols for safe management of damaged
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and defective batteries.
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8. A method for fully funding the organization's plan in a
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manner that equitably distributes the plan's costs among the
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members of the organization.
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9. Provisions for collecting covered batteries at no cost
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regardless of the brand or producer of the covered battery on a
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continuous, convenient, visible, and accessible basis.
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10. The addresses of collection sites that will accept
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covered batteries under the plan and the criteria used to
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determine whether an entity may serve as a collection site.
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11. The names of proposed service providers, including
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sorters, transporters, and processors, to be used for the final
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disposition of batteries.
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12. Strategies for working with material recovery
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facilities and secondary processors to properly process and
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transport for recycling any covered batteries improperly sent to
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the facilities through waste or recycling streams.
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13. Provisions for recordkeeping, tracking, and
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documenting the management and disposition of collected covered
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batteries.
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14. Any anticipated delay in managing medium format
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batteries.
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(c) A battery stewardship organization shall submit
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proposed amendments to an approved plan to the department for
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approval.
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(6)(a) A battery stewardship organization with an approved
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battery stewardship plan under this section shall submit a new
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plan to the department for approval no less than once every 5
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years.
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(b) After 5 years of implementation of a plan, a battery
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stewardship organization or a producer member of such
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organization shall hire an independent third party to conduct a
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one-time audit of the battery stewardship plan and plan
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operation. The auditor shall examine the effectiveness of the
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plan in collecting and recycling covered batteries. The auditor
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shall also examine the cost-effectiveness of the plan and
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compare it to the collection cost-effectiveness of other battery
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stewardship organizations or producer members of such
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organizations. A copy of the audit must be included with the
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plan.
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(c) If the target recycling efficiency rates under the
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previously approved plan have not been met, the new plan must
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include corrective measures that may include improvements to the
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collection site network or increased expenditures dedicated to
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education and outreach.
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(7) Within 120 days after receipt of a proposed battery
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stewardship plan or a proposed amendment, the department shall
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approve, conditionally approve, or deny the plan or amendment.
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If the plan or amendment is denied:
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(a) The department shall notify the battery stewardship
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organization of the denial in writing and explain how the
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proposed plan or amendment does not comply with this section;
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(b) The battery stewardship organization shall submit a
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revised plan or amendment or notice of plan or amendment
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withdrawal within 60 days after receipt of the denial; and
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(c) The department shall approve or deny the revised plan
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or amendment within 90 days after receipt of the revised plan or
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amendment. The denial of a revised plan or amendment may be
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appealed to the department in accordance with rules of the
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department.
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(8)(a) A battery stewardship organization implementing an
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approved battery stewardship plan shall do all of the following:
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1. Be responsible for all costs associated with
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implementing the plan.
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2. Reimburse local governmental units for demonstrable
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costs incurred as a result of a local government facility or
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solid waste facility serving as a collection site under the
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plan.
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3. Collect charges from participating producers sufficient
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to cover the costs of implementing the plan.
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4. Provide for the collection of all covered batteries
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from any person, regardless of the chemistry or brand of the
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battery, on a free, continuous, convenient, visible, and
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accessible basis.
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5. Provide to collection sites at no cost suitable
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collection containers for covered batteries that are segregated
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from other solid waste or make alternative arrangements for the
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collection of such batteries at the site with the agreement of
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the collection site.
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6. Ensure that medium format batteries are collected only
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at household hazardous waste collection sites or other staffed
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collection sites that meet applicable federal, state, and local
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requirements for managing medium format batteries.
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7. Provide for the collection of damaged and defective
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batteries by persons trained to handle and ship such batteries
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at collection sites, permanent household hazardous waste
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facilities, and household hazardous waste collection events
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hosted by the department.
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8. Ensure statewide collection opportunities for all
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covered batteries.
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9. Coordinate activities with electronic waste recyclers
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and other battery stewardship organizations to provide efficient
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delivery of services and avoid unnecessary duplication of effort
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and expenses. A battery stewardship organization shall use
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existing public and private waste collection services and
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facilities, transporters, consolidators, processors, and
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retailers if cost effective, mutually agreeable, and otherwise
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practical.
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10. For portable batteries, provide all of the following
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within 3 years after approval of the battery stewardship plan:
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a. At least one permanent collection site within a 15-mile
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radius for at least 95 percent of state residents; and
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b. At least one permanent collection site, collection
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service, or collection event for every 30,000 residents of a
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county.
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11. For medium format batteries, provide within 3 years
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after approval of the battery stewardship plan:
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a. At least 10 permanent collection sites in this state.
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The sites must be reasonably dispersed throughout the state; and
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b. A collection event at least once every 3 years in each
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county that does not have a permanent collection site for the
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collection of all medium format batteries, including damaged and
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defective medium format batteries.
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12. Use as a collection site or the site of a collection
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event any entity that meets the criteria for such under an
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approved battery stewardship plan and that requests to serve as
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a collection site or collection event.
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(b) A battery stewardship organization implementing an
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approved battery stewardship plan may issue a warning to,
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suspend, or terminate a collection site or service that does not
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comply with the criteria contained in the approved plan or that
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poses an immediate concern to health and safety.
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(c) A battery stewardship organization operating under a
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plan approved by the department under this section shall notify
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the department within 90 days after a producer begins or ceases
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participation in the organization or within 90 days after adding
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or removing a processor or transporter under the approved plan.
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(9) A battery stewardship organization is not required to
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provide for the collection of covered batteries that remain in
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battery containing products at the time of delivery to a
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collection site or collection event or batteries or battery
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containing products that are recalled for safety reasons. A
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battery stewardship organization may seek reimbursement from the
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producer of a battery or battery containing product that is
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recalled for safety reasons for the costs incurred in
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collecting, transporting, or processing such batteries and
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products.
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(10) A battery stewardship organization implementing an
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approved battery stewardship plan shall do all of the following
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to promote the implementation of the plan:
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(a) Develop and maintain a website.
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(b) Develop and place advertisements on social media or
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other relevant media platforms.
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(c) Develop promotional materials about safe battery
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collection and disposal and the restrictions on disposing of
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covered batteries under this section.
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(d) Develop and distribute collection site safety training
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procedures to collection sites to help ensure proper management
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of covered batteries at collection sites.
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(e) Provide consumer-focused educational materials, to
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each collection site used under the plan, that are accessible by
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customers of retailers that sell covered batteries or battery
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containing products.
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(f) Provide safety information related to covered battery
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collection activities to the operator of each collection site
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used under the plan, including appropriate protocols to reduce
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risks of spills or fires, to respond to a spill or fire, and to
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manage a collected damaged or defective battery.
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(g) Provide educational materials to the operator of each
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collection site used under the plan for the management of
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recalled batteries.
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(h) Upon request by a retailer or other potential
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collection site, provide educational materials describing
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collection opportunities for covered batteries.
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(i) Coordinate with other battery stewardship
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organizations implementing a battery stewardship plan in
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providing education and outreach pursuant to this section.
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(j) During the first year of implementing a battery
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stewardship plan and once every 5 years thereafter, conduct a
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survey of public awareness of the outreach efforts undertaken
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pursuant to this section. The battery stewardship organization
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shall submit the results of the surveys to the department.
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(11) Beginning June 1, 2029, and every June 1 thereafter,
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a battery stewardship organization implementing a battery
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stewardship plan shall submit a report to the department that
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includes all of the following:
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(a) A summary financial statement documenting the
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financing of the plan and an analysis of plan costs and
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expenditures, including an analysis of the plan's expenses.
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(b) The weight, by chemistry, of covered batteries
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collected under the plan.
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(c) The total weight of materials recycled from covered
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batteries collected under the plan, by recycling method.
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(d) A calculation of the recycling efficiency rate under
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the plan.
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(e) A list of all facilities used to process or dispose of
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covered batteries under the plan and a summary of any violations
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of environmental laws and regulations during the previous 3
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years for each facility.
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(f) For each facility used for the final disposition of
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covered batteries under the plan, a description of how the
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facility recycled or otherwise managed batteries and battery
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components.
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(g) The weight and chemistry of covered batteries sent to
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each facility used for the final disposition of such batteries.
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This information may be approximated based on extrapolations of
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national or regional data for plans implemented in other states.
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(h) The estimated aggregate sales, by weight and
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chemistry, of covered batteries, including covered batteries
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contained in or packaged with battery containing products, sold
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in this state by the battery stewardship organization's
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participating producers for each of the previous 3 calendar
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years.
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(i) A description of how collected batteries were managed
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and recycled, including a discussion of best available
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technologies and the recycling efficiency rate.
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(j) A description of education and outreach efforts
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supporting implementation of the plan, including:
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1. A summary of such education and outreach provided to
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consumers, collection sites, manufacturers, distributors, and
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retailers to promote the collection and recycling of covered
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batteries;
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2. A description of how such education and outreach met
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the requirements of this section;
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3. Samples of such education and outreach materials;
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4. A summary of coordinated efforts for such education and
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outreach with any other battery stewardship organizations
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implementing a battery stewardship plan; and
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5. A summary of any changes made during the previous
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calendar year to such education and outreach activities.
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(k) A list of all collection sites used to implement the
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plan, an address for each listed site, a link to the website of
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each listed site, if available, and a map indicating the current
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location of each site.
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(l) A description of methods used to collect, transport,
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and recycle covered batteries under the plan.
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(m) A summary of progress made toward the performance
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goals under the plan, and if applicable, an explanation of why
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performance goals were not met.
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(n) An evaluation of the effectiveness of education and
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outreach activities.
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(o) If a battery stewardship organization has disposed of
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covered batteries through energy recovery, incineration, or
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landfilling during the preceding calendar year of plan
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implementation, the steps the organization has taken to make the
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recycling of covered batteries cost-effective, when possible, or
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to otherwise increase battery recycling efficiency rates.
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(12) A producer, retailer, or battery stewardship
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organization may not charge a point-of-sale fee to consumers to
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cover the costs of implementing an approved battery stewardship
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plan.
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(13) The department shall include all of the following on
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its website:
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(a) Copies of all approved battery stewardship plans and
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any amendments to such plans.
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(b) The names of the producer members covered under an
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approved battery stewardship plan.
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(c) A list of brands of covered batteries covered under an
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approved battery stewardship plan.
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(d) A copy of each annual report submitted to the
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department under this section.
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(14) A producer, retailer, or battery stewardship
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organization is not liable for any claim of a violation of
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antitrust laws or laws relating to fraudulent, deceptive, or
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unfair methods of competition or trade practices arising from
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conduct that complies with a battery stewardship plan approved
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under this section.
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(15)(a) This section does not prevent or prohibit a person
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from offering or performing a household collection service or a
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mail-back service for covered batteries or a recycler located in
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this state from offering a collection service for covered
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batteries independently of a battery stewardship organization
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if:
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1. The services are performed and facilities are operated
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in compliance with all applicable federal, state, and local
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laws; and
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2. All batteries collected by the person or recycler from
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customers in this state are provided to a battery stewardship
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organization implementing an approved battery stewardship plan.
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(b) After providing collected batteries to a battery
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stewardship organization, any transport and processing of such
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batteries by the battery stewardship organization shall be done
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at the battery stewardship organization's expense. A battery
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stewardship organization may refuse to accept batteries from any
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such person or recycler if the department is notified of the
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reason for such refusal.
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(c) A person or recycler under this subsection may keep
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the covered batteries collected from customers in this state for
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purposes of recycling if such person or recycler provides data
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for such collection and recycling to the department. Such data
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must include all of the following:
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1. The weight, by chemistry, of covered batteries
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collected.
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2. The weight of materials recycled from covered batteries
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collected, in total and by method of battery recycling.
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3. A recycling efficiency rate calculation.
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4. A list of all facilities used in the processing or
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disposition of covered batteries and a summary of any violations
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of environmental laws and regulations during the previous 3
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years at each facility.
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5. A description of how each facility used for the final
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disposition of covered batteries recycled or otherwise managed
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batteries and battery components.
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6. The weight and chemistry of covered batteries sent to
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each facility used for the final disposition of such batteries.
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A person or recycler may not receive compensation from a battery
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stewardship organization for any batteries collected,
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transported, or recycled under this subsection.
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(16) Beginning January 1, 2028, all of the following
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apply:
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(a) A person may dispose of a covered battery only by
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delivery to a collection site or collection event operated under
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an approved battery stewardship plan, unless the battery is
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regulated as hazardous waste.
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(b) A person may not knowingly cause or allow the mixing
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of a covered battery with recyclable materials that are intended
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for processing and sorting at a material recovery facility.
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(c) A person may not knowingly cause or allow the mixing
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of a covered battery with municipal waste that is intended for
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disposal at a landfill.
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(d) A person may not knowingly cause or allow the disposal
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of a covered battery in a landfill.
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(e) A person may not knowingly cause or allow the mixing
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of a covered battery with waste that is intended for burning or
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incineration.
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(f) A person may not knowingly cause or allow the burning
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or incineration of a covered battery.
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(17)(a) An owner or operator of a solid waste facility may
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not be found in violation of this section if the facility has
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posted in a conspicuous location a sign stating that covered
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batteries are managed through collection sites established by a
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battery stewardship organization and are not accepted for
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disposal at the facility.
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(b) A solid waste collector may not be found in violation
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of this section for a covered battery placed in a disposal
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container by a third party.
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(18) Unless the department is notified of the reason, a
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battery stewardship organization may not refuse to accept
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covered batteries that are inadvertently received by a recycling
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or solid waste facility if the batteries are properly packaged.
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(19)(a) A person who violates this section is subject to a
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civil penalty of $1,000 for each violation.
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(b) A person who knowingly makes a false material
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statement to the department related to a battery stewardship
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plan submitted commits a felony of the third degree, punishable
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as provided in s. 775.082, s. 775.083, or s. 775.084.
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(c) In addition to any other penalty, the Attorney General
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or the state attorney of the county in which a violation occurs
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may bring an action to enjoin a person from violating this
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section.
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(d) A civil penalty collected under this section shall be
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deposited into the Legal Affairs Revolving Trust Fund of the
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Department of Legal Affairs and allocated solely to the
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Department of Legal Affairs for the purpose of enforcing this
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section.
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(20)(a) A battery stewardship organization implementing an
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approved battery stewardship plan may bring a civil action to
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recover reasonable attorney fees and costs and damages from a
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producer who sells or otherwise makes available in this state
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covered batteries or battery containing products not included in
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an approved battery stewardship plan in violation of this
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section. Such action may only be brought against a defendant
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producer if the battery stewardship organization incurs costs in
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this state, including reasonable attorney fees and costs and
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reasonable incremental administrative costs in excess of $1,000
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to collect, transport, and recycle or otherwise dispose of the
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covered batteries or battery containing products of a
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nonparticipating producer.
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(b) A battery stewardship organization implementing an
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approved battery stewardship plan may bring a civil action
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against a producer of a recalled battery to recover costs
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associated with handling the recalled battery, including
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attorney fees and costs.
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(c) A battery stewardship organization implementing an
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approved battery stewardship plan may bring a civil action
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against another battery stewardship organization that
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underperforms on its battery collection obligations under this
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section by failing to collect and provide for the end-of-life
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management of batteries in an amount roughly equivalent to costs
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imposed on the plaintiff battery stewardship organization by
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virtue of the failures of the defendant battery stewardship
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organization, plus attorney fees and cost.
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This act shall take effect July 1, 2026. Section 4.