287.175 Battery collection and recycling.

2,087 words·~9 min read·/wi/chapter-287/287-175

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Battery containing product” means a product that contains or is packaged with a covered battery. “Battery containing product” does not include a product that is an eligible electronic device, as defined in s. 287.17

(gs).

(b)“Battery stewardship organization” means an entity that has been designated by one or more producers to implement a battery stewardship plan under this section. “Battery stewardship organization” does not include a state agency, as defined in s. 16.004

(a).

(c)“Collection rate” means the percentage calculated by dividing the total weight of covered batteries collected in this state by a battery stewardship organization in a calendar year by the average annual weight of covered batteries estimated to have been sold in this state by all producers during that same calendar year and the previous 2 calendar years.

(d)“Covered battery” means a portable battery or a medium format battery that is intended or designed to be easily removed, or is capable of being easily removed, using common household tools. “Covered battery” does not include any of the following:

1. A battery, contained in a medical device that is regulated under the federal food, drug and cosmetic act, 21 USC 301 to 394 , that is not designed or marketed for sale or resale at retail locations for personal use.

2. A battery that contains an electrolyte as a free liquid or a product that contains such a battery.

3. A lead acid battery subject to the requirements of s. 287.18 or a product that contains such a battery.

(e)“Medium format battery” means any of the following:

1. For primary batteries, a battery that weighs more than 4.4 pounds but not more than 25 pounds.

2. For rechargeable batteries, a battery that weighs more than 11 pounds, or that has a rating of more than 300 watt-hours, or both, but that does not weigh more than 25 pounds or have a rating of more than 2,000 watt-hours.

(f)“Portable battery” means any of the following:

1. For primary batteries, a battery that weighs no more than 4.4 pounds.

2. For rechargeable batteries, a battery that weighs no more than 11 pounds and that has a rating of no more than 300 watt-hours.

(g)“Primary battery” means a battery that is not capable of being recharged.

1. “Producer” means a person that sells, offers for sale, or distributes for sale a covered battery or battery containing product in or into this state and that is any of the following:

a. If the covered battery or battery containing product is sold under a brand of the battery’s or product’s manufacturer, the person that manufactures the battery or product.

b. If the covered battery or battery containing product is sold under a retail brand or under a brand owned by a person other than the battery’s or product’s manufacturer, the person that owns the brand.

c. If subd. 1. a. and b. do not apply, the person that is the licensee of a brand or trademark under which the covered battery or battery containing product is sold, offered for sale, or distributed for sale in or into this state, regardless of whether the trademark is registered in this state.

d. If subd. 1. a. to c. do not apply to any person within the United States, the person that is the importer of record for the covered battery or battery containing product into the United States for the purpose of selling, offering for sale, or distributing for sale the battery or product in or into this state.

2. “Producer” does not include a retailer unless the retailer owns the brand under which a covered battery or battery containing product is sold.

(i)“Rechargeable battery” means a battery that contains one or more voltaic or galvanic cells electrically connected to produce electric energy and that is designed to be recharged.

(j)“Recycling” means the process by which covered batteries or battery containing products are returned to productive use as material or energy, including the collection and transport of batteries for recycling. “Recycling” does not include destruction by incineration or other processes or land disposal of recyclable materials and does not include reuse, repair, or any other process by which batteries or battery containing products are returned in their original form or in a form for secondary use.

(k)“Recycling efficiency rate” means the percentage calculated by dividing the weight of components and materials recycled by a battery stewardship organization by the weight of covered batteries collected by the battery stewardship organization.

(L)“Retailer” means a person that only sells or offers for sale a covered battery or battery containing product in this state. “Retailer” does not include a producer.

(2)Prohibitions.

(a)Beginning on January 1, 2027, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the producer has designated a battery stewardship organization to implement a battery stewardship plan approved by the department under this section and listed by the department on its website under sub.

(f)3. A producer may contract their obligations under this paragraph to another producer if the producer being contracted is a member of a battery stewardship organization in this state.

(b)Beginning on January 1, 2027, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked with an identification of the producer of the battery. This paragraph does not apply if the battery is less than one-half inch in diameter or does not contain a surface with a length that exceeds one-half inch.

(c)Beginning on January 1, 2029, no producer may sell, offer for sale, or distribute for sale in or into this state any covered battery or battery containing product unless the covered battery or battery in the battery containing product is marked to ensure proper collection and recycling, by identifying the chemistry of the battery and including an indication that the battery should not be disposed of as household waste.

(d)A producer, retailer, or battery stewardship organization may not charge a point-of-sale fee to consumers to cover the costs of implementing a battery stewardship plan approved under this section.

(3)Battery stewardship plan.

(a)Plan submittal. No later than January 1, 2027, each battery stewardship organization shall submit a battery stewardship plan to the department for approval. A battery stewardship plan approved by the department shall have a term of no more than 5 years and shall include all of the following:

1. The names and contact information for each producer that has designated the battery stewardship organization to implement the battery stewardship plan.

2. The brands of all of the covered batteries that each producer under subd. 1. sells, offers for sale, or distributes for sale in or into this state. All such brands shall be covered by the battery stewardship plan.

3. Performance goals under the plan, and a process for achieving these goals. Performance goals shall include target collection rates for rechargeable batteries and for primary batteries; target recycling efficiency rates of at least 60 percent for rechargeable batteries and 70 percent for primary batteries; and goals for public awareness, convenience, and accessibility. The collection rate goals for each of the first 3 years of implementation of the battery stewardship organization’s approved plan shall be based on the estimated total weight of covered batteries that have been sold in this state in the previous 3 calendar years by the producers participating in the plan.

4. A process for making retailers aware of the requirement under sub.

(b).

5. Consumer awareness goals and a description of the education and outreach strategy that the battery stewardship organization will implement to promote participation in the organization’s approved plan and to provide information necessary for the effective participation of consumers, retailers, and others.

6. A process for making available to collection sites, for voluntary use, signage, written materials, and other promotional materials to inform consumers of the available end-of-life management options for covered batteries collected under the battery stewardship organization’s approved plan.

7. Collection site safety training procedures related to covered battery collection activities at collection sites, including a description of operating protocols to reduce risks of spills or fires, response protocols in the event of a spill or fire, and protocols for safe management of damaged batteries that are returned to collection sites.

8. A method for fully funding the battery stewardship organization’s approved plan in a manner that equitably distributes the plan’s costs among the producers under subd. 1. on the basis of each producer’s actual share of covered batteries collected under the plan.

9. Provisions for collecting covered batteries at no cost, regardless of the brand or producer of the covered battery, on a continuous, convenient, visible, and accessible basis.

10. The addresses of collection sites that will accept covered batteries under the plan, and the criteria used to determine whether an entity may serve as a collection site.

11. The names of proposed service providers, including sorters, transporters, and processors, to be used for the final disposition of batteries.

12. Provisions for recordkeeping, tracking, and documenting the management and disposition of collected covered batteries.

13. An explanation for any delay anticipated by the battery stewardship organization in managing medium-format batteries.

(b)Annual fee. A battery stewardship organization shall pay a fee of $75,000 to the department upon approval of a plan under this section and a fee of $75,000 annually thereafter. Fees paid under this paragraph shall be deposited in the environmental fund.

(c)Plan expiration and resubmittal. A battery stewardship organization shall submit a new plan to the department for approval no less than every 5 years. If the performance goals under the previously approved plan have not been met, the new plan shall include corrective measures to be implemented by the battery stewardship organization to meet those performance goals, which may include improvements to the collection site network or increased expenditures dedicated to education and outreach.

(d)Plan amendments. A battery stewardship organization shall provide plan amendments to the department for approval when proposing material changes to the approved plan.

(e)Notification of certain changes. A battery stewardship organization implementing a plan approved under this section shall notify the department within 90 days of a producer beginning or ceasing participation in the battery stewardship organization, or within 90 days of adding or removing a processor or transporter under the approved plan.

(f)More than one battery stewardship organization; cost sharing.

1. The department may approve plans under this section from more than one battery stewardship organization.

2. The department may approve plans that equitably share the costs, among other battery stewardship organizations, of implementing the parts of those plans that benefit such organizations.

(4)Costs and reimbursement.

(a)Costs of implementation. A battery stewardship organization implementing a plan approved under sub.

(3)is responsible for all costs associated with implementing the plan, unless the approved plan allows for cost sharing among other battery stewardship organizations with approved plans, as provided under sub.

(f).

(b)Reimbursement of local governments. A battery stewardship organization implementing a plan approved under this section shall reimburse local governmental units for actual costs incurred as a result of a local government facility or solid waste facility serving as a collection site under the plan.

(c)Collecting fees from producers. A battery stewardship organization implementing a plan approved under this section shall collect fees from participating producers sufficient to cover the costs of implementation, including battery collection, transportation, and processing; education and outreach; and program evaluation. Fees for processing a battery may be assessed only to the producers of batteries of the same chemistry, and only in direct proportion to that producer’s share of batteries reported for that chemistry. Fees shall not be assessed in a manner that results in a producer subsidizing the processing of batteries of a chemistry different from the chemistry of the batteries the producer produces. Any fees charged to a producer by a battery stewardship organization shall be reasonable and represent, to the greatest extent possible, actual costs of administering the battery stewardship plan.

(5)Collection and management of covered batteries.

(a)A battery stewardship organization implementing a plan approved under this section shall do all of the following: