A. 4010 2
STATE BY PARTICIPATING PRODUCERS DURING THE THREE PREVIOUS CALENDAR
YEARS. ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY BE BASED ON
A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
4. "CONSUMER" MEANS ANY PERSON WHO RETURNS ANY NUMBER OF UNWANTED
PRIMARY BATTERIES.
5. "DISCARDED PRIMARY BATTERY" MEANS A PRIMARY BATTERY THAT IS NO
LONGER USED FOR ITS MANUFACTURED PURPOSE, WANTED BY ITS OWNER, OR FOR
ANY OTHER REASON ENTERS THE WASTE COLLECTION, RECOVERY, TREATMENT OR
RECYCLING SYSTEM.
6. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
7. "PRIMARY BATTERY" MEANS A NONRECHARGEABLE BATTERY WEIGHING TWO
KILOGRAMS OR LESS, INCLUDING ALKALINE, CARBON-ZINC, LITHIUM METAL AND
BUTTON/COIN BATTERIES. PRIMARY BATTERY SHALL NOT MEAN:
(A) BATTERIES INTENDED FOR INDUSTRIAL, BUSINESS TO BUSINESS, WARRANTY
OR MAINTENANCE SERVICES, OR NONPERSONAL USE;
(B) A BATTERY THAT IS NOT EASILY REMOVABLE OR IS NOT INTENDED TO BE
REMOVED FROM A CONSUMER PRODUCT; AND
(C) A BATTERY THAT IS SOLD OR USED IN A MEDICAL DEVICE REGULATED BY
THE UNITED STATES FOOD AND DRUG ADMINISTRATION.
8. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN SUBMITTED
TO THE COMMISSIONER PURSUANT TO SECTION 27-1605 OF THIS TITLE BY AN
INDIVIDUAL PRODUCER OR BY TWO OR MORE PRODUCERS ACTING COLLECTIVELY.
9. "PRODUCER" MEANS ONE OF THE FOLLOWING WITH REGARD TO A PRIMARY
BATTERY THAT IS SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE:
A. A PERSON WHO MANUFACTURES A PRIMARY BATTERY AND WHO SELLS, OFFERS
FOR SALE, OR DISTRIBUTES THAT PRIMARY BATTERY IN THE STATE UNDER THE
PERSON'S OWN NAME OR BRAND;
B. IF SUBPARAGRAPH A OF THIS PARAGRAPH DOES NOT APPLY, A PERSON WHO
OWNS OR LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY BATTERY IS
SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THE STATE, WHETHER OR NOT THE
TRADEMARK IS REGISTERED; OR
C. IF SUBPARAGRAPHS A AND B OF THIS PARAGRAPH DO NOT APPLY, A PERSON
WHO IMPORTS A PRIMARY BATTERY INTO THE STATE FOR SALE OR DISTRIBUTION.
10. "PROGRAM" OR "STEWARDSHIP PROGRAM" MEANS THE SYSTEM FOR THE
COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
11. "RECHARGEABLE BATTERY" SHALL HAVE THE SAME MEANING AS SUBDIVISION
FOUR OF SECTION 27-1803 OF THIS ARTICLE.
12. "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS, AND BY-PRODUCTS ARE TRANSFORMED INTO NEW USABLE OR MARKETABLE
MATERIALS IN A MANNER IN WHICH THE ORIGINAL PRODUCTS MAY LOSE THEIR
IDENTITY, BUT DOES NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY
MEANS OF COMBUSTING DISCARDED PRODUCTS, COMPONENTS, AND BY-PRODUCTS WITH
OR WITHOUT OTHER WASTE PRODUCTS.
13. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY FOR SALE TO
ANY CONSUMER OR BUSINESS AT RETAIL IN THE STATE THROUGH ANY MEANS,
INCLUDING REMOTE OFFERINGS SUCH AS SALES OUTLETS, CATALOGUES, OR AN
INTERNET WEBSITE.
§ 27-1603. PRIMARY BATTERY REGISTRATION.
1. SALE PROHIBITED. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE,
EXCEPT AS SET FORTH UNDER THIS SUBDIVISION, A PRODUCER OF A PRIMARY
BATTERY SHALL NOT SELL, OFFER FOR SALE, OR DELIVER TO A RETAILER FOR
SUBSEQUENT SALE A PRIMARY BATTERY UNLESS ALL OF THE FOLLOWING HAS BEEN
MET:
A. 4010 3
A. THE PRODUCER IS REGISTERED UNDER AN APPROVED AND IMPLEMENTED PRIMA-
RY BATTERY STEWARDSHIP PLAN;
B. THE PRODUCER OR PRODUCERS HAVE PAID THE FEE UNDER SECTION 27-1613
OF THIS TITLE; AND
C. THE PRODUCER OR PRODUCERS AND THE BRAND OF SUCH PRODUCER OR PRODUC-
ERS DESIGNATED ON THE DEPARTMENT WEBSITE ARE IDENTIFIED AS COVERED BY AN
APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
2. NEW PRODUCERS. A PRODUCER WHO, AFTER JANUARY FIRST, TWO THOUSAND
TWENTY-FIVE, SEEKS TO SELL, OFFER FOR SALE, OR OFFER FOR PROMOTIONAL
PURPOSES IN THE STATE A PRIMARY BATTERY NOT PREVIOUSLY SOLD IN THE
STATE, SHALL NOTIFY THE COMMISSIONER PRIOR TO SELLING OR OFFERING A
PRODUCT NOT COVERED BY A STEWARDSHIP PLAN IN THE STATE. THE COMMISSIONER
SHALL LIST A PRODUCER WHO SUPPLIES NOTICE UNDER THIS SUBDIVISION AS A
"NEW PRODUCER" ON THE DEPARTMENT'S WEBSITE. A PRODUCER THAT SUPPLIES
NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY DAYS TO EITHER ACT COOP-
ERATIVELY WITH AT LEAST ONE OTHER PRODUCER OR TO SUBMIT ITS OWN PRIMARY
BATTERY STEWARDSHIP PLAN FOR APPROVAL TO THE STATE.
3. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
UTES, OR IMPORTS IN THE STATE PRIMARY BATTERIES WITH A TOTAL RETAIL
VALUE OF LESS THAN FIVE HUNDRED DOLLARS SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THIS TITLE.
§ 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
1. PRIMARY BATTERY STEWARDSHIP PLAN REQUIRED. ON OR BEFORE APRIL
FIRST, TWO THOUSAND TWENTY-FOUR, EACH PRODUCER SELLING, OFFERING FOR
SALE, OR OFFERING FOR PROMOTIONAL PURPOSES A PRIMARY BATTERY IN THE
STATE SHALL INDIVIDUALLY OR AS PART OF A PRIMARY BATTERY STEWARDSHIP
ORGANIZATION SUBMIT A PRIMARY BATTERY STEWARDSHIP PLAN TO THE COMMIS-
SIONER FOR REVIEW.
2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
RY BATTERY STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM, ALL OF THE
FOLLOWING ELEMENTS:
A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST:
(I) ALL PARTICIPATING PRODUCERS AND CONTACT INFORMATION FOR EACH OF
THE PARTICIPATING PRODUCERS; AND
(II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
B. FREE COLLECTION. EACH PRIMARY BATTERY STEWARDSHIP PLAN SHALL
PROVIDE FOR THE FREE COLLECTION OF PRIMARY BATTERIES FROM CONSUMERS. A
PRODUCER SHALL NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY BASED ON
THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
C. COLLECTION; CONVENIENCE. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL:
(I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
Y-CONTAINING PRODUCTS COVERED UNDER THE PLAN AND ALL MUNICIPALITIES TO
OPT TO BE A COLLECTION FACILITY;
(II) PROVIDE, AT A MINIMUM, NO FEWER THAN TWO PERMANENT COLLECTION
FACILITIES IN EACH COUNTY IN THE STATE WITH A POPULATION OF LESS THAN
FIFTY THOUSAND PEOPLE; NO LESS THAN THREE DROP-OFF LOCATIONS FOR COUN-
TIES WITH POPULATIONS BETWEEN FIFTY THOUSAND AND ONE HUNDRED THOUSAND;
AND FOR ALL COUNTIES WITH A POPULATION GREATER THAN ONE HUNDRED THOU-
SAND, AT LEAST ONE LOCATION WITHIN EACH TOWN, VILLAGE AND CITY WITH A
POPULATION GREATER THAN FIFTY THOUSAND; AND
(III) PROVIDE FOR THE ACCEPTANCE FROM A CONSUMER OF UP TO TWENTY
BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
TWENTY BATTERIES PER VISIT FROM A CONSUMER.
A. 4010 4
D. METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE A DESCRIPTION OF THE METHOD THAT WILL BE USED TO RESPONSIBLY AND
PROPERLY MANAGE DISCARDED PRIMARY BATTERIES AND ENSURE THAT THE COMPO-
NENTS OF THE DISCARDED PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND
TECHNICALLY FEASIBLE, ARE RECYCLED.
E. ROLES AND RESPONSIBILITIES. A PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
INCLUDING:
(I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
BATTERIES UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT INFORMATION
FOR EACH FACILITY;
(II) THE NAME AND CONTACT INFORMATION OF A TRANSPORTER OR CONTRACTOR
COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
(III) THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE RECYCLING
FACILITIES THAT PROCESS THE COLLECTED PRIMARY BATTERIES.
F. EDUCATION AND OUTREACH. A PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE AN EDUCATION AND OUTREACH PROGRAM. THE EDUCATION AND OUTREACH
PROGRAM MAY INCLUDE MEDIA ADVERTISING, RETAIL DISPLAYS, ARTICLES IN
TRADE AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC EDUCATIONAL
EFFORTS. THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE OUTREACH
PROCEDURES THAT WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM TO BUSI-
NESSES, MUNICIPALITIES, RETAILERS, WHOLESALERS, AND TRANSPORTERS. AT A
MINIMUM, THE EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE PUBLIC OF
THE FOLLOWING:
(I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
AND
(II) THE LOCATION OF COLLECTION POINTS AND HOW TO ACCESS THE
COLLECTION PROGRAM.
G. THE ESTABLISHMENT OF PERFORMANCE GOALS TO MEASURE THE SUCCESS OF
THE PROGRAM AND A DESCRIPTION OF HOW THE PROGRAM WILL BE DESIGNED TO
MEET OR EXCEED THESE GOALS.
3. IMPLEMENTATION. A PRODUCER OR PRODUCERS SHALL INCLUDE PROVISIONS IN
THE PLAN FOR THE IMPLEMENTATION OF THE PROGRAM IN CONJUNCTION WITH THOSE
RETAILERS AND MUNICIPALITIES ACTING AS COLLECTION FACILITIES UNDER A
PROGRAM. IMPLEMENTATION OF THE PROGRAM SHALL BE AT NO COST TO RETAILERS
OR MUNICIPALITIES ACTING AS COLLECTION FACILITIES UNDER A PROGRAM. A
PRODUCER SHALL PROVIDE RETAILERS AND MUNICIPALITIES ACTING AS COLLECTION
FACILITIES PRODUCTS OR EQUIPMENT FOR SETTING UP A COLLECTION POINT AND
FOR PROVIDING FOR THE PICKUP OF COLLECTED PRIMARY BATTERIES, INCLUDING
ARRANGING FOR THE MANAGEMENT OF THOSE PRIMARY BATTERIES.
§ 27-1607. ANNUAL REPORT; PLAN AUDIT.
1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-SIX,
AND ANNUALLY THEREAFTER, A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP
ORGANIZATION SHALL SUBMIT A REPORT TO THE COMMISSIONER THAT CONTAINS THE
FOLLOWING:
A. THE WEIGHT OF PRIMARY BATTERIES COLLECTED BY THE PRODUCER OR
PRODUCERS ACTING COOPERATIVELY IN THE PRIOR CALENDAR YEAR;
B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
C. SPECIFIES THE COLLECTION FACILITIES THAT FAILED IN THE PREVIOUS
CALENDAR YEAR TO COLLECT A MINIMUM OF ONE HUNDRED POUNDS BY WEIGHT OF
PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-
NATED FROM THE PRODUCER'S PLAN OR THE PLAN OF PRODUCERS ACTING COOPERA-
TIVELY;
D. THE LOCATIONS FOR ALL COLLECTION POINTS SET UP BY THE PRODUCERS
COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;
A. 4010 5
E. EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO INCREASE
COLLECTION;
F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
H. THE COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE COSTS OF
COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.
2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN
COLLECTING AND RECYCLING PRIMARY BATTERIES. THE INDEPENDENT AUDITOR
SHALL EXAMINE THE COST-EFFECTIVENESS OF THE PROGRAM AND COMPARE IT TO
THAT OF COLLECTION PROGRAMS FOR PRIMARY BATTERIES IN OTHER JURISDIC-
TIONS. THE INDEPENDENT AUDITOR SHALL MAKE RECOMMENDATIONS TO THE
COMMISSIONER ON WAYS TO INCREASE PROGRAM EFFICACY AND COST-EFFECTIVE-
NESS.
§ 27-1609. AGENCY RESPONSIBILITIES.
1. APPROVAL OF PLAN. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED
STEWARDSHIP PLAN, THE COMMISSIONER SHALL DETERMINE WHETHER THE PLAN
COMPLIES WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF THE
COMMISSIONER APPROVES A PLAN, THE COMMISSIONER SHALL NOTIFY THE APPLI-
CANT OF THE PLAN APPROVAL IN WRITING. IF THE COMMISSIONER REJECTS A
PLAN, THE COMMISSIONER SHALL NOTIFY THE APPLICANT IN WRITING OF THE
REASONS FOR REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS REJECTED BY
THE COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER WITHIN
FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
SHALL BE APPROVED BY THE COMMISSIONER IN WRITING. THE COMMISSIONER, IN
HIS OR HER DISCRETION OR AT THE REQUEST OF A PRODUCER, MAY REQUIRE A
PRODUCER OR PRODUCERS TO AMEND AN APPROVED PLAN.
3. PUBLIC NOTICE. THE COMMISSIONER SHALL POST ALL PROPOSED AND
APPROVED PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE.
4. PUBLIC INPUT. THE COMMISSIONER SHALL ESTABLISH A PROCESS UNDER
WHICH A PRIMARY BATTERY STEWARDSHIP PLAN, PRIOR TO PLAN APPROVAL OR
AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
5. REGISTRATIONS. THE COMMISSIONER SHALL ACCEPT, REVIEW, AND APPROVE
OR DENY PRIMARY BATTERY STEWARDSHIP PLANS SUBMITTED UNDER SECTION
27-1605 OF THIS TITLE.
6. AGENCY WEBSITE. THE COMMISSIONER SHALL MAINTAIN A WEBSITE THAT
INCLUDES THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION IN
APPROVED PLANS. THE WEBSITE SHALL LIST ALL OF AN APPROVED PRODUCER'S
BRANDS COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER. THE
COMMISSIONER SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS OF
RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
7. TERM OF STEWARDSHIP PLAN. A PRIMARY BATTERY STEWARDSHIP PLAN
APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
§ 27-1611. RETAILER OBLIGATIONS.
1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF THIS
SECTION, BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO RETAILER
SHALL SELL OR OFFER FOR SALE A PRIMARY BATTERY UNLESS THE RETAILER HAS
REVIEWED THE DEPARTMENT'S WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION
27-1609 OF THIS TITLE TO DETERMINE THAT THE PRODUCER OF THE PRIMARY
BATTERY IS IMPLEMENTING AN APPROVED BATTERY STEWARDSHIP PLAN.
A. 4010 6
2. INVENTORY EXCEPTION; EXPIRATION OR REVOCATION OF MANUFACTURER
REGISTRATION. A RETAILER SHALL NOT BE RESPONSIBLE FOR AN UNLAWFUL SALE
OF A PRIMARY BATTERY UNDER THIS SECTION IF:
A. THE RETAILER PURCHASED THE PRIMARY BATTERY PRIOR TO JANUARY FIRST,
TWO THOUSAND TWENTY-FIVE AND SELLS THE BATTERY OR PRODUCT ON OR BEFORE
JANUARY FIRST, TWO THOUSAND TWENTY-SIX; OR
B. THE PRODUCER'S STEWARDSHIP PLAN EXPIRED OR WAS REVOKED, AND THE
RETAILER TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY BATTERIES
PRIOR TO THE EXPIRATION OR REVOCATION OF THE PRODUCER'S STEWARDSHIP
PLAN.
§ 27-1613. ADMINISTRATIVE FEE.
1. FEE ASSESSED. A PRODUCER ACTING INDIVIDUALLY SHALL PAY A FEE OF
SEVEN THOUSAND FIVE HUNDRED DOLLARS ANNUALLY AND A PRODUCER ACTING COOP-
ERATIVELY WITH AT LEAST ONE OTHER PRODUCER SHALL PAY A FEE OF FIFTEEN
THOUSAND DOLLARS ANNUALLY FOR OPERATION UNDER A STEWARDSHIP PLAN
APPROVED BY THE COMMISSIONER UNDER SECTION 27-1609 OF THIS TITLE.
2. DISPOSITION OF FEE. THE FEES COLLECTED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE DEPOSITED IN THE HAZARDOUS WASTE REMEDIAL FUND
UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
§ 27-1615. PENALTIES.
A PRODUCER WHO VIOLATES THE REQUIREMENTS OF THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY
FOR EACH DAY OF NONCOMPLIANCE.
§ 27-1617. RULEMAKING; PROCEDURE.
THE COMMISSIONER MAY ADOPT RULES OR PROCEDURES TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
§ 2. The department of environmental conservation shall work with
primary battery manufacturers to explore ways to develop labeling high-
lighting the existence of battery recycling programs.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.