Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                       H.688
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                                        H.688
 Introduced by Representatives Stebbins of Burlington, Anthony of Barre City,
                Burke of Brattleboro, Logan of Burlington, Morris of
                Springfield, Rice of Dorset, and Satcowitz of Randolph
 Referred to Committee on
 Date:
 Subject: Conservation and development; waste management; extended
          producer responsibility; rechargeable batteries
 Statement of purpose of bill as introduced: This bill proposes to amend the
 State’s existing battery stewardship program for primary batteries to also apply
 to rechargeable batteries and battery-containing products.
    An act relating to including rechargeable batteries and battery-containing
    products under the State battery stewardship program
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. chapter 168 is amended to read:
 CHAPTER 168. PRODUCT STEWARDSHIP FOR PRIMARY BATTERIES
                     AND RECHARGEABLE BATTERIES
                               Subchapter 1. Definitions
 § 7581. DEFINITIONS
    As used in this chapter:
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        (1) “Agency” means the Agency of Natural Resources.
        (2)(A) “Battery-containing product” means an electronic product that
 contains primary or rechargeable batteries that are easily removable or is
 packaged with rechargeable or primary batteries.
               (B) A “battery-containing product” does not include an electronic
 product regulated under an approved plan implemented under chapter 166 of
 this title.
        (3) “Brand” means a name, symbol, word, or traceable mark that
 identifies a primary or rechargeable battery and attributes the primary battery
 to the owner or licensee of the brand as the producer.
        (3)(4) “Calendar year” means the period commencing January 1 and
 ending December 31 of the same year.
        (4)(5) “Collection rate” means a percentage by weight that each
 producer or primary battery stewardship organization collects by an established
 date. The collection rate shall be calculated by dividing the total weight of the
 primary batteries that are collected during a calendar year by the average
 annual weight of primary batteries that were estimated to have been sold in the
 State by participating producers during the previous three calendar years.
 Estimates of primary batteries sold in the State may be based on a reasonable
 pro rata calculation based on national sales.
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       (5)(6) “Consumer” means any person who presents or delivers any
 number of primary batteries to a collection facility that is included in an
 approved primary battery stewardship plan “Covered battery” means a primary
 battery or rechargeable battery.
       (6)(7) “Consumer product” means any product that is regularly used or
 purchased to be used for personal, family, or household purposes. “Consumer
 product” shall not mean a product primarily used or purchased for industrial or
 business use “Covered entity” means a person who presents to a collection
 facility or event that is included in an approved collection plan any number of
 covered batteries.
       (7)(8) “Discarded primary battery” means a primary battery that is no
 longer used for its manufactured purpose “Damaged and defective lithium
 battery” means a lithium battery that has been damaged or is defective for
 safety reasons or that has the potential of producing a dangerous evolution of
 heat, fire, or short circuit, as referred to in 49 C.F.R. § 173.185(f) or as updated
 by the Secretary by rule to maintain consistency with federal standards.
       (8)(9) “Easily removable” means the battery is readily detachable from a
 product by a person without the use of tools or with the use of common
 household tools.
       (9)(10) “Participate” means to appoint a primary battery stewardship
 organization or rechargeable battery stewardship organization to operate on
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 behalf of oneself and to have that appointment accepted by the stewardship
 organization.
       (10)(11) “Primary battery” means a nonrechargeable battery weighing
 two kilograms 4.4 pounds or less, including alkaline, silver oxide, zinc air,
 carbon-zinc, and lithium metal batteries. Beginning on January 1, 2026,
 “primary battery” includes a nonrechargeable battery weighing more than
 4.4 pounds but not more than 25 pounds. “Primary battery” shall does not
 mean:
          (A) a battery intended for industrial, business-to-business, warranty
 or maintenance services, or nonpersonal use;
          (B) a battery that is sold in a computer, computer monitor, computer
 peripheral, printer, television, or device containing a cathode ray tube;
          (C) a battery that is not easily removable or is not intended to be
 removed from a consumer product from a battery-containing product; and or
          (D)(B) a battery that is sold or used in a medical device, as that term
 is defined in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 321(h), as
 may be amended contained within a medical device, as specified in 21 U.S.C.
 § 321(h) as it existed on July 1, 2024, that is not designed and marketed for
 sale or resale at retail locations for personal use.
       (11)(12) “Primary battery Battery producer,” “battery-containing
 product producer,” or “producer” means one of the following with regard to a VT LEG #372086 v.1
     BILL AS INTRODUCED                                                         H.688
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 primary battery or battery-containing product that is sold or offered for sale in
 the State:
          (A) a person who manufactures a primary battery or battery-
 containing product and who sells or offers for sale that primary battery or
 battery-containing product in the State under the person’s own name or brand;
          (B) if subdivision (A) of this subdivision (11)(12) does not apply, a
 person who owns or licenses a trademark or brand under which a primary
 battery or battery-containing product is sold or offered for sale whether or not
 the trademark is registered; or
          (C) if subdivisions (A) and (B) of this subdivision (11)(12) do not
 apply, a person who imports a primary battery or battery-containing product
 into the State for sale.
       (12)(13) “Primary battery Battery stewardship organization” means an
 organization appointed by one or more producers to act as an agent on behalf
 of a producer or producers to design, submit, implement, and administer a
 primary battery stewardship plan under this chapter.
       (13)(14) “Primary battery Battery stewardship plan” or “plan” means a
 plan submitted to the Secretary pursuant to section 7584 of this title by an
 individual producer or a primary battery stewardship organization.
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       (14)(15) “Program” or “stewardship program” means the system for the
 collection, transportation, recycling, and disposal of primary batteries
 implemented pursuant to an approved battery stewardship plan.
       (15)(16)(A) “Rechargeable battery” means:
             (i) one or more voltaic or galvanic cells, electrically connected to
 produce electric energy and designed to be recharged and weighing less than
 11 pounds; or
             (ii) a battery pack designed to be recharged that weighs less than
 11 pounds and that is designed to provide less than 40 volts direct current.
 weighing not more than 25 pounds; and
             (iii) having a watt-hour rating of not more than 2,000 watt-hours.
          (B) “Rechargeable battery” shall does not mean:
             (i) a battery that is not easily removable or is not intended or
 designed to be removed from the covered product, other than by the
 manufacturer from a battery-containing product;
             (ii) a battery that contains electrolyte as a free liquid;
             (iii) a battery or battery pack that employs lead-acid technology,
 unless the battery or battery pack:
                 (I) is sealed;
                 (II) contains no liquid electrolyte; and VT LEG #372086 v.1
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                 (III) is intended by its manufacturer to power a handheld device
 or to provide uninterrupted backup electrical power protection for stationary
 consumer products or stationary office equipment weighs not more than 11
 pounds; or
              (iv) a battery intended for industrial, business-to-business,
 warranty or maintenance services, or nonpersonal use a battery recalled by the
 producer for safety reasons; or
              (v) a battery contained within a medical device, as specified in
 21 U.S.C. § 321(h) as it existed on July 1, 2024, that is not designed and
 marketed for sale or resale principally at retail for personal use.
       (16) “Rechargeable battery steward” means a person who:
          (A) manufactures a rechargeable battery or a rechargeable product
 that is sold, offered for sale, or distributed in the State under its own brand
 name;
          (B) owns or licenses a trademark or brand under which a
 rechargeable battery or rechargeable product is sold, offered for sale, or
 distributed in the State, whether or not the trademark is registered; or
          (C) if subdivisions (A) and (B) of this subdivision (16) do not apply,
 imports a rechargeable battery or rechargeable product into the State for sale or
 distribution.
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       (17) “Rechargeable battery stewardship organization” means an entity
 registered by the Secretary pursuant to section 7588 of this title that is either a
 single rechargeable battery steward operating on its own behalf; an
 organization appointed by one or more rechargeable battery stewards to
 operate a plan in which each steward is participating; or a retailer or franchisor
 of retailers operating a plan on behalf of itself or its franchisees.
       (18) “Rechargeable product” means a consumer product that contains or
 is packaged with a rechargeable battery at the time the product is sold, offered
 for sale, or distributed in the State. “Rechargeable product” shall not mean:
          (A) a product from which a rechargeable battery is not easily
 removable or is not intended or designed to be removed from the product other
 than by the manufacturer; or
          (B) a medical device, as that term is defined in the Federal Food,
 Drug, and Cosmetic Act, 21 U.S.C. § 321(h), as amended.
       (19)(17) “Recycling” means any process by which discarded products,
 components, and by-products byproducts 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 byproducts
 with or without other waste products.
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         (20)(18) “Retailer” means a person who offers a primary covered
 battery or battery-containing product 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.
         (21)(19) “Secretary” means the Secretary of Natural Resources.
                Subchapter 2. Primary Battery Stewardship Program
 § 7582. SALE OF PRIMARY BATTERIES, RECHARGEABLE
           BATTERIES, AND BATTERY-CONTAINING PRODUCTS
    (a) Sale prohibited. Except as set forth under subsections (b) and (c)
 subsection (b) of this section, beginning on January 1, 2016, a producer of a
 primary battery, of a rechargeable battery, or of a battery-containing product
 shall not sell, offer for sale, or deliver to a retailer for subsequent sale a
 primary battery, a rechargeable battery, or a battery-containing product unless:
         (1) the producer or the primary battery stewardship organization in
 which the producer is participating is registered under an approved and
 implemented primary battery stewardship plan;
         (2) the producer or primary battery stewardship organization has paid
 the fee under section 7594 of this title; and
         (3) the name of the producer and the producer’s brand are designated on
 the Agency website as covered by an approved primary battery stewardship
 plan.
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    (b) New producers.
       (1) A producer of a primary battery who, after January 1, 2016, seeks to
 sell, offer for sale, or offer for promotional purposes in the State a primary
 battery not previously sold in State shall notify the Secretary prior to selling or
 offering for sale or promotion a primary battery not covered by an approved
 primary battery stewardship plan.
       (2) A producer of a rechargeable battery or battery-containing product
 who, after January 1, 2026, seeks to sell, offer for sale, or offer for promotional
 purposes in the State a rechargeable battery or battery-containing product not
 previously sold in State shall notify the Secretary prior to selling or offering for
 sale or promotion a rechargeable battery or battery-containing product not
 covered by an approved battery stewardship plan.
       (3) The Secretary shall list a producer who supplies notice under this
 subsection as a “new producer” on the Agency’s website. A producer that
 supplies notice under this subsection shall have 90 days, not including the time
 required for public comment under subsection 7586(c) of this section, to either
 join an existing primary battery stewardship organization or submit a primary
 battery stewardship plan for approval to the State.
    (c) Exemption. A producer who annually sells, offers for sale, distributes,
 or imports in or into the State primary batteries with a total retail value of less
 than $2,000.00 shall be exempt from the requirements of this chapter.
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 § 7583. PRIMARY BATTERY STEWARDSHIP ORGANIZATION;
          REQUIREMENTS; REGISTRATION
    (a) Participation in a primary battery stewardship organization. A producer
 of primary covered batteries or battery-containing products may meet the
 requirements of this chapter by participating in a primary battery stewardship
 organization that undertakes the producer’s responsibilities under
 sections 7582, 7584, and 7585 of this title.
    (b) Qualifications for a primary battery stewardship organization. To
 qualify as a primary battery stewardship organization under this chapter, an
 organization shall:
       (1) commit to assume the responsibilities, obligations, and liabilities of
 all producers participating in the primary battery stewardship organization;
       (2) not create unreasonable barriers for participation by producers in the
 primary battery stewardship organization; and
       (3) maintain a public website that lists all producers and producers’
 brands covered by the primary battery stewardship organization’s approved
 collection plan.
    (c) Registration requirements.
       (1) Beginning on March 1, 2015 and annually thereafter, a primary
 Annually, a battery stewardship organization shall file a registration form with
 the Secretary. The Secretary shall provide the registration form to a primary VT LEG #372086 v.1