Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                              A BILL

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                                              24-1000

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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                                       __________________

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 To amend the Sustainable Solid Waste Management Amendment Act of 2014 to clarify that the

       battery producer responsibility law applies only to primary batteries and rechargeable

       batteries, to require the battery stewardship organization to develop strategies for

       collecting batteries in areas and communities with waste management challenges related

       to environmental justice, to establish timelines and procedures for the Department of

       Energy and Environments (DOEE) consideration of amendments to battery

       stewardship plans, to provide for amendments to the battery stewardship plan in

       important situations unrelated to performance goals, to authorize DOEE to revoke the

       registration of an organization that fails to implement a material provision of an approved

       battery stewardship plan, to change the deadline for battery stewardship plan submission,

       to change the deadline for the first annual report and effective date of the battery disposal

       ban, to change the deadline for manufacturers to submit electronic stewardship

       registration applications from December 31 to October 1 starting in 2023, to enhance the

       requirements for representative organizations related to public outreach and awareness, to

       require partnerships to submit a single application to streamline registration fee

       processing, to exempt manufacturers from certain responsibilities if they have sold less

       than 100 units of covered electronic equipment in the previous year, and to make

       technical corrections and minor clarifications; to require the Department of Public Works

       to provide information on its curbside composting pilot program to the Council and the

       Mayor upon the completion of the pilot.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Battery and Electronic Stewardship Amendment Act of 2022.

        Sec. 2. Title I of the Sustainable Solid Waste Management Amendment Act of 2014,

 effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code passim), is amended as

 follows:

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         (a) Section 128 (D.C. Official Code  8-771.01) is amended as follows:

                 (1) Paragraph (2)(B) is amended by striking the phrase used are and inserting

 the phrase used, at the time of sale, are in its place.

                 (2) Paragraph (5) is amended by striking the phrase weight of batteries and

 inserting the phrase weight of primary and rechargeable batteries collected during a calendar

 year by the average annual weight of primary and rechargeable batteries in its place.

                 (3) Paragraph (11) is amended as follows:

                         (A) Subparagraph (B) is amended as follows:

                                 (i) Strike the phrase applies, the and insert the phrase applies or

 if no contact information for the person is available, the in its place.

                                 (ii) Strike the phrase distributed in and insert the phrase

 distributed for sale in in its place.

                         (B) Subparagraph (C) is amended as follows:

                                 (i) Strike the phrase applies, a and insert the phrase applies or if

 no contact information for the person is available, a in its place.

                                 (ii) Strike the phrase distribution in and insert the phrase

 distribution for sale in in its place.

         (b) Section 129 (D.C. Official Code  8-771.02) is amended as follows:

                 (1) Subsection (a)(2) is amended by striking the phrase program that provides for

 collection of all batteries and inserting the phrase program as set forth in an approved battery

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 stewardship plan that provides for collection of all primary and rechargeable batteries in its

 place.

                 (2) Subsection (b) is amended by striking the phrase "On or before January 1,

 2022" and inserting the phrase On or before January 1, 2023 in its place.

                 (3) Subsection (c) is amended by striking the phrase This subtitle shall not apply

 to and inserting the phrase A producer shall not be subject to the requirements in subsection (a)

 if the producer sells or offers for sale in the District only in its place.

          (c) Section 130 (D.C. Official Code  8-771.03) is amended as follows:

                 (1) Subsection (a) is amended as follows:

                         (A) Paragraph (3) is amended by striking the phrase of batteries that have

 been sold or offered for sale and inserting the phrase of primary and rechargeable batteries that

 have been sold in its place in its place.

                         (B) Paragraph (4) is amended by striking the phrase collection of

 batteries and inserting the phrase collection of primary and rechargeable batteries in its place.

                         (C) A new paragraph (4A) is added to read as follows:

                 (4A) A description of how the battery stewardship organization will develop

 strategies, in consultation with DOEE and other relevant parties, for collecting primary and

 rechargeable batteries in areas and communities that face environmental justice challenges

 associated with waste management;.

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                        (D) Paragraph (7) is amended by striking the phrase all batteries and

 inserting the phrase all primary and rechargeable batteries in its place.

                (2) Subsection (b)(1) is amended as follows:

                        (A) Subparagraph (A) is amended to read as follows:

                        (A) Within 120 days after receipt of a proposed battery stewardship plan

 or a proposed amendment to a plan, DOEE shall determine whether the plan or amendment

 complies with the requirements of this section. DOEE shall notify the applicant of the plan or

 amendment approval or rejection in writing. If DOEE rejects a proposed plan or amendment,

 DOEE shall include the reasons for rejecting the plan or amendment..

                        (B) Subparagraph (B) is amended to read as follows:

                        (B) An applicant whose plan or amendment to a plan is rejected by

 DOEE shall submit a revised plan or amendment within 45 days after receiving the notice of

 rejection. DOEE shall review the revised plan or amendment, issue an order approving or

 disapproving the revised plan or amendment, and notify the applicant of the decision within 45

 days after receipt of the revised plan or amendment. An applicant whose revised plan or

 amendment is rejected by DOEE may appeal the decision to the Office of Administrative

 Hearings, pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act

 of 1985, effective July 16, 1985 (Law 6-42; D.C. Code  2-1801.01 et seq.)..

                (3) A new subsection (b-1) is added to read as follows:

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        (b-1) Either the battery stewardship organization or DOEE may propose The battery

 stewardship organization may propose or DOEE may require an amendment to a battery

 stewardship plan to improve program functioning or if a change in District law or regulation

 necessitates a revision in the plan..

                (4) Subsection (c) is amended as follows:

                          (A) Strike the phrase submit updated and insert the phrase submit

 amended in its place.

                          (B) Strike the phrase revisions to the plan and insert the phrase

 revisions to the plan at this time through a plan amendment in its place.

                (4) (5) Subsection (d)(3) is amended to read as follows:

                (3) Provide for the acceptance of up to 100 batteries per visit, and accept all

 primary and rechargeable batteries regardless of type or brand..

        (d) Section 131 (D.C. Official Code  8-771.04) is amended as follows:

                (1) Subsection (b)(3) is amended by striking the phrase subsection (b) and

 inserting the phrase subsection (a) in its place.

                (2) A new subsection (c) is added to read as follows:

        (c) DOEE may revoke the registration of a battery stewardship organization that fails to

 implement a material provision of an approved battery stewardship plan. If a registration is

 revoked by DOEE, a battery stewardship organization may appeal the revocation to the Office of

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 Administrative Hearings, pursuant to the Department of Consumer and Regulatory Affairs Civil

 Infractions Act of 1985, effective July 16, 1985 (Law 6-42; D.C. Code  2-1801.01 et seq.)..

         (e) Section 132(a) (D.C. Official Code  8-771.05(a)) is amended as follows:

                (1) The lead-in The lead-in language The lead-in language is amended by striking

 the phrase: On or before June 1, 2023 and inserting the phrase On or before June 1, 2024 in

 its place.

                (2) Paragraph (3) is amended by striking the word batteries both times it

 appears and inserting the phrase primary and rechargeable batteries in its place.

         (f) Section 137 (D.C. Official Code  8-771.09) is amended as follows:

                (1) Subsection (a) is amended by striking the phrase dispose of batteries and

 inserting the phrase dispose of primary or rechargeable batteries in its place.

                (2) Subsection (b) is amended to read as follows:

         (b) Beginning August 1, 2023, no person in the District shall knowingly dispose of

 primary or rechargeable batteries in the District except through battery recycling programs or

 other methods approved by the Mayor..

         (g) Section 117 (D.C. Official Code  8-1041.03) is amended as follows:

                (1) Subsection (b) is amended as follows:

                        (A) The lead-in language is amended by striking the phrase By December

 31, 2016, and annually thereafter and inserting the phrase By December 31, 2022, October 1,

 2023, and October 1 annually thereafter in its place.

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                        (B) Paragraph (3) is amended as follows:

                               (i) Subparagraph (A) is amended by striking the word brands and

 inserting the phrase brands and types in its place.

                               (ii) Subparagraph (D) is amended by striking the phrase and

 recycled.

                               (iii) A new subparagraph (D-i) is added to read as follows:

                        (D-i) The total weight of covered electronic equipment recycled, and the

 total weight of covered electronic equipment reused, through the manufacturers electronics

 recycling program in the previous calendar year;.

                        (C) Paragraph (8) is amended by striking the phrase e-Stewards

 certification and inserting the phrase e-Stewards certification or, beginning on the opening of

 the 2024 program year application period, or R2 certification in its place.

                        (D) Paragraph (9)(B) is amended to read as follows:

                        (B) A report on public outreach and awareness activities that includes:

                               (i) A description of the applicants public outreach and awareness

 activities in the previous year, including a description of the general outreach and awareness

 general outreach and awareness activities undertaken; the outreach undertaken for specific

 collection sites and events; the numbers of individuals, small nonprofits, and small businesses

 that brought waste to each collection site or event; the weight of covered electronic equipment

 collected at each site or event by category of covered entity event; the results of surveys about

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 how individuals, small nonprofits, and small businesses learned of each site or event; and factors

 that may have positively or negatively affected collection participation;

                                   (ii) An assessment of how to increase participation based on

 surveys or research on how to effectively reach individuals, small nonprofits, and small

 businesses in the District, including underserved populations and areas of the District with low

 event participation; and

                                   (iii) A description of outreach description of future outreach and

 awareness activities that will be undertaken to maximize the amount of covered electronic

 equipment collected, which shall include: content on the representative organizations website;

 advertisements in local online and print newspapers, including those serving underserved

 populations, on at least a quarterly basis; social media posts before each event and targeted

 advertisements at the beginning of each quarter; mailers to residents, small nonprofits, and small

 businesses near collection events; and signage at each event clearly showing the purpose of the

 event, unless the representative organization demonstrates that another outreach method will

 ensure that covered entities, including underserved populations, are aware of the availability and

 location of collection sites and events;.

                 (2) Subsection (c) is amended as follows:

                         (A) Strike the phrase may, and a representative and insert the phrase or

 a representative in its place.

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                        (B) Strike the phrase shall, submit and insert the phrase shall submit

 in its place.

                 (3) Subsection (e) is amended by striking the phrase modification or renewal

 and inserting the word modification in its place.

         (h) Section 119 (D.C. Official Code  8-1041.05) is amended as follows:

                 (1) Subsection (a)(3)(B) is amended to read as follows:

                        (B) Public outreach and awareness activities to ensure that District

 residents, small nonprofits, and small businesses, including those in underserved communities,

 are aware of the availability and location of collection sites and events; and.

                 (2) Subsection (b)(1)(D) is amended by striking the phrase electronic equipment

 and inserting the phrase covered electronic equipment in its place.

                 (3) Subsection (d) is amended to read as follows:

         (d) Beginning January 1, 2017, a manufacturer shall accept for recycling or reuse, on a

 one-to-one basis with the purchase in the District of the same type of covered electronic

 equipment, any brand of covered electronic equipment that is offered for return to the

 manufacturer by a person in the District..

                 (4) A new subsection (g) is added to read as follows:

         (g) A manufacturer that sold less than 100 units of covered electronic equipment in the

 District in the previous calendar year shall be exempt from the requirements of this section..

         Sec. 3. Curbside composting pilot data reporting requirements.

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        Within 6 months after the completion of the curbside composting pilot approved in the

 Fiscal Year 2023 budget, the Department of Public Works shall provide information to the Council

 and the Mayor that includes:

                (1) Total cost of the program, and a breakdown of those costs;

                (2) Quarterly participation rates; and

                (3) Quarterly compost contamination rates.

        Sec. 4. Fiscal impact statement.

        The Council adopts the fiscal impact statement in the committee report as the fiscal

 impact statement required by section 4a of the General Legislative Procedures Act of 1975,

 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

        Sec. 5. Effective date.

        This act shall take effect following approval by the Mayor (or in the event of veto by the

 Mayor, action by the Council to override the veto), a 30-day period of congressional review as

 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

 24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

 Columbia Register.

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