2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 1205
April 11, 2024 - Introduced by Representatives CONSIDINE, ANDRACA, JOERS, MOORE
OMOKUNDE, PALMERI, RATCLIFF and SINICKI. Referred to Committee on
Environment.
1 AN ACT to create 20.370 (4) (ht), 25.46 (1) (eL), 227.01 (13) (pv), 287.07 (6) and
2 287.175 of the statutes; relating to: requiring battery producers to administer
3 battery collection and recycling programs, granting rule-making authority,
4 making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill requires battery manufacturers (producers) to operate a program to
collect and recycle covered batteries. The bill defines “covered battery” as either 1)
a portable battery (a rechargeable battery weighing no more than 11 pounds and
having a rating of no more than 300 watt-hours, or a nonrechargeable battery
weighing no more than 4.4 pounds); or 2) beginning January 1, 2029, a medium
format battery (a rechargeable battery weighing more than 11 pounds or having a
rating of more than 300 watt-hours, or both, but not exceeding 25 pounds or 2,000
watt-hours; or a nonrechargeable battery weighing more than 4.4 pounds but not
more than 25 pounds). Under the bill, a “covered battery” does not include a battery
that is contained in a medical device and that is not designed or marketed for retail
sale; a battery that contains a liquid electrolyte; a lead acid battery; a vehicle battery;
or a battery that is not easily removed from its product.
Under the bill, beginning January 1, 2026, no battery producer or retailer may
sell a battery in this state unless the producer: 1) is operating under a battery
stewardship plan that has been approved by the Department of Natural Resources;
2) pays an annual fee of $20,000 to DNR; 3) submits annual reports to DNR; 4)
completes an independent audit of its battery collection program after five years; and
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ASSEMBLY BILL 1205
5) provides retailers of its batteries with educational materials about its battery
collection program. Under the bill, all of these requirements may be undertaken on
behalf of a producer by a battery stewardship organization made up of at least five
producers. The bill also allows DNR to change the amount of the annual $20,000
producer fee, as necessary to maintain the program created under the bill, without
going through the statutory rule-making process.
To be approved by DNR, a proposed battery stewardship plan must include
specific information, such as a list of all the brands of batteries the producer sells in
this state; provisions for collecting batteries at no cost, regardless of battery brand
or producer; the names of at least two collection facilities in each county in this state
that will provide battery collection throughout the calendar year; a method for
responsibly managing collected batteries to ensure that all of the components of
collected batteries are recycled or properly disposed of; a description of an education
and outreach program that the producer will undertake to provide notice of the
producer's battery collection program; a description of how the producer will develop
a strategy for collecting covered batteries in areas facing environmental justice
challenges associated with waste management; a collection rate performance goal;
and a description of how the producer and the collection facilities identified in the
plan will implement the program described in the plan.
Under the bill, DNR must provide notice of a proposed battery stewardship plan
and receive public comments on the proposed plan for 30 days. DNR must also
provide a public hearing on a proposed plan upon request. DNR has 90 days after
receiving a complete proposed plan, not including the period for public comment and
hearing, to either approve or deny a proposed plan. A plan that is not approved or
denied within this time period is deemed approved. Under the bill, a producer may
not amend an approved battery stewardship plan unless the proposed amendments
are approved by DNR. The bill also allows DNR to revoke an approved battery
stewardship plan if the producer is not complying with the plan.
The bill also requires DNR to maintain a website that lists the names of
producers with approved plans and the brands of batteries covered by an approved
battery stewardship plan and includes copies of all approved battery stewardship
plans. Under the bill, DNR must also promote public participation in the collection
and recycling of covered batteries through education and outreach activities. In
addition, DNR must report to the legislature and the governor every two years on the
implementation of any approved battery stewardship plans.
Under the bill, during the first year of implementing an approved battery
stewardship plan, and two years after that, a producer must conduct a statistically
significant survey of public awareness of the producer's battery collection program,
for the purpose of identifying areas that need additional education and outreach. A
producer must also conduct an audit after five years of implementing an approved
battery stewardship plan, to examine the effectiveness of the producer's battery
collection program.
Under the bill, a producer operating under an approved battery stewardship
plan, or a battery stewardship organization on behalf of the producer, may request
reimbursement from another producer for costs incurred in collecting, handling,
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ASSEMBLY BILL 1205
recycling, or properly disposing of batteries produced by the other producer. A
producer may request such reimbursement only after the producer has met the
collection rate performance goal included in the producer's approved battery
stewardship plan. A producer that receives a request for reimbursement may
request an independent audit of the requested reimbursement costs. A producer that
incurs more than $1,000 in such reimbursable costs may bring a civil action against
the other producer if the costs are not reimbursed.
Under the bill, any producer or retailer that violates the provisions of the bill
relating to battery stewardship plans is subject to a civil forfeiture of up to $10,000
per violation.
Finally, the bill prohibits the disposal of any covered battery in a solid waste
disposal facility beginning January 1, 2026.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 20.370 (4) (ht) of the statutes is created to read:
2 20.370 (4) (ht) Battery collection and recycling programs. From the
3 environmental fund, a sum sufficient to implement the battery collection and
4 recycling program under s. 287.175.
5 SECTION 2. 25.46 (1) (eL) of the statutes is created to read:
6 25.46 (1) (eL) The fees imposed under s. 287.175 (3) (b) for environmental
7 management.
8 SECTION 3. 227.01 (13) (pv) of the statutes is created to read:
9 227.01 (13) (pv) Adjusts the amount of the fee under s. 287.175 (3) (b).
10 SECTION 4. 287.07 (6) of the statutes is created to read:
11 287.07 (6) BATTERIES. Beginning January 1, 2026, no person may dispose of or
12 burn a covered battery, as defined in s. 287.175 (1) (b), in a solid waste disposal
13 facility.
14 SECTION 5. 287.175 of the statutes is created to read:
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1 287.175 Battery collection and recycling. (1) DEFINITIONS. In this section:
2 (a) “Collection rate” means the total weight of covered batteries collected in this
3 state by a producer in a calendar year divided by the average annual weight of
4 covered batteries estimated to have been sold in this state by that producer during
5 the same calendar year and the previous 2 calendar years.
6 (b) “Covered battery” means a portable battery or, beginning January 1, 2029,
7 a medium format battery. “Covered battery” does not include any of the following:
8 1. A battery, contained in a medical device that is regulated under the federal
9 food, drug and cosmetic act, 21 USC 301 to 394, that is not designed or marketed for
10 sale or resale at retail locations for personal use.
11 2. A battery that contains an electrolyte as a free liquid.
12 3. A lead acid battery.
13 4. A vehicle battery.
14 5. A battery in a battery-containing product that is not intended or designed
15 to be easily removable from the battery-containing product.
16 (c) “Medium format battery” means any of the following:
17 1. For batteries that are not capable of being recharged, a battery that weighs
18 more than 4.4 pounds but not more than 25 pounds.
19 2. For rechargeable batteries, a battery that weighs more than 11 pounds, or
20 that has a rating of more than 300 watt-hours, or both, but that does not weigh more
21 than 25 pounds or have a rating of more than 2,000 watt-hours.
22 (d) “Portable battery” means any of the following:
23 1. For batteries that are not capable of being recharged, a battery that weighs
24 no more than 4.4 pounds.
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1 2. For rechargeable batteries, a battery that weighs no more than 11 pounds
2 and that has a rating of no more than 300 watt-hours.
3 (e) “Producer” means a person that sells, offers for sale, or distributes for sale
4 a covered battery in or into this state and that is any of the following:
5 1. If the covered battery is sold under a brand of the battery's manufacturer,
6 the person that manufactures the battery.
7 2. If the covered battery is sold under a retail brand or under a brand owned
8 by a person other than the battery's manufacturer, the person that owns the brand.
9 3. If subds. 1. and 2. do not apply, the person that is the licensee of a brand or
10 trademark under which the covered battery is sold, offered for sale, or distributed for
11 sale in or into this state, regardless of whether the trademark is registered in this
12 state.
13 4. If subds. 1. to 3. do not apply to any person within the United States, the
14 person that is the importer of record for the covered battery into the United States
15 for the purpose of selling, offering for sale, or distributing for sale the battery in or
16 into this state.
17 5. If subds. 1. to 4. do not apply to any person with a commercial presence in
18 this state, the person who first sells, offers for sale, or distributes for sale the covered
19 battery in or into this state.
20 (f) “Rechargeable battery” means a battery that contains one or more voltaic
21 or galvanic cells electrically connected to produce electric energy and that is designed
22 to be recharged.
23 (g) “Recycling" means preparing batteries for use in manufacturing processes
24 or for recovery of usable materials and delivering the materials for use. “Recycling"
25 does not include destruction by incineration or other processes or land disposal of
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1 recyclable materials and does not include reuse, repair, or any other process through
2 which batteries are returned in their original form.
3 (h) “Retailer” means a person that offers a battery for sale in this state by any
4 means, including through online sales.
5 (2) PROHIBITIONS. (a) Producers. Beginning on January 1, 2026, no producer
6 may sell, offer for sale, or distribute for sale in or into this state any covered battery
7 unless the producer is in compliance with the requirements under sub. (3).
8 (b) Retailers. Beginning on January 1, 2026, no retailer may sell or offer for
9 sale in this state any covered battery unless the producer of the battery is in
10 compliance with the requirements under sub. (3). This paragraph does not apply to
11 covered batteries for which any of the following apply:
12 1. The retailer purchases the covered battery before January 1, 2026, and sells
13 the battery on or before January 1, 2027.
14 2. If the producer's battery stewardship plan under this section expired or was
15 revoked, the retailer purchased the covered battery before the producer's battery
16 stewardship plan expired or was revoked.
17 (3) PRODUCER REQUIREMENTS. (a) Stewardship plan. No later than June 1, 2025,
18 each producer shall submit a battery stewardship plan to the department for review.
19 No later than January 1, 2026, each producer shall operate under an approved
20 battery stewardship plan. A battery stewardship plan submitted to the department
21 shall have a term of no more than 5 years and shall include all of the following:
22 1. If the producer is a member of a battery stewardship organization under sub.
23 (4), the names and contact information for each of the producers in the battery
24 stewardship organization.
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1 2. The brands of all of the covered batteries that the producer sells, offers for
2 sale, or distributes for sale in or into this state. All such brands shall be covered by
3 the battery stewardship plan.
4 3. Provisions for collecting covered batteries at no cost, regardless of the brand
5 or producer of the covered battery.
6 4. A process for providing packaging, consistent with any state or federal
7 requirements related to transporting hazardous materials, for the safe collection and
8 transportation of covered batteries. Such packaging shall be provided at no cost if
9 the purpose of the packaging will be to collect and transport damaged, defective, or
10 recalled covered batteries.
11 5. A process for allowing retailers, municipalities, and solid waste facilities to
12 opt in to being a collection facility under the plan.
13 6. The name, address, and contact information of at least two collection
14 facilities in each county in this state that will provide covered battery collection
15 throughout the calendar year.
16 7. The name, address, and contact information of any transporter or contractor
17 that will collect covered batteries from collection facilities and a statement as to
18 whether such transporters or contractors have obtained any required state and
19 federal licenses for transporting batteries; and the name, address, and contact
20 information of any recycling facility that will process the collected batteries.
21 8. A provision that ensures that each collection facility will accept up to 100
22 covered batteries per person per visit. A collection facility may agree to accept more
23 covered batteries per person per visit.
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1 9. A list of collection facilities that will collect damaged, defective, or recalled
2 covered batteries. Other collection facilities under the plan shall not be required to
3 collect damaged, defective, or recalled covered batteries.
4 10. A method for responsibly managing collected covered batteries to ensure
5 that all of the components of collected batteries are recycled, to the extent
6 economically and technically feasible, and that any components or batteries that
7 cannot be recycled are properly disposed of.
8 11. A description of an education and outreach program that the producer will
9 undertake to provide notice of the producer's covered battery collection program to
10 businesses, municipalities, solid waste facilities, retailers, and transporters; to
11 provide information about available safety training for collection facilities; and to
12 notify the public that there is a free covered battery collection program and the
13 location of collection facilities. If more than one producer has an approved battery
14 stewardship plan, all producers with an approved battery stewardship plan shall
15 coordinate in carrying out their education and outreach programs.
16 12. A description of how the producer will develop strategies, in consultation
17 with the department and other relevant parties, for collecting covered batteries in
18 areas and communities that face environmental justice challenges associated with
19 waste management.
20 13. A procedu