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PRINTER'S NO. 3001
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2241
Session of
2024
INTRODUCED BY SIEGEL, KHAN, HILL-EVANS, SANCHEZ, SHUSTERMAN,
DALEY, CIRESI, DELLOSO, BOROWSKI, ISAACSON, FRIEL,
OBERLANDER, MARSHALL, GREEN AND GILLEN, APRIL 29, 2024
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 29, 2024
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for portable battery
stewardship and establishing requirements for Battery
Stewardship Plans; imposing duties on the Department of
Environmental Protection; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 67
PORTABLE BATTERY STEWARDSHIP
Sec.
6701. Scope of chapter.
6702. Legislative findings.
6703. Definitions.
6704. Stewardship plans.
6705. Retailers.
6706. Stewardship plan requirements.
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6707. Performance standards.
6708. Funding.
6709. Collection and management requirements.
6710. Education and outreach requirements.
6711. Reporting requirements.
6712. Fee and department role.
6713. Penalties and civil actions.
6714. Marking requirements for batteries.
6715. General battery disposal and collection requirements.
6716. Assessing battery-containing products.
6717. Antitrust.
6718. Other collection of batteries.
§ 6701. Scope of chapter.
This chapter relates to portable battery stewardship.
§ 6702. Legislative findings.
The General Assembly finds and declares as follows:
(1) It is in the public interest of the residents of
this Commonwealth to encourage the recovery and reuse of
materials, including metals, that replace the output of
mining and other extractive industries.
(2) Without a dedicated battery stewardship program,
battery user confusion regarding proper disposal options will
continue to persist.
(3) Ensuring the proper handling, recycling and end-of-
life management of used batteries prevents the release of
toxic materials into the environment and removes materials
from the waste stream that, if mishandled, may present safety
concerns to workers, including by igniting fires at solid-
waste-handling facilities. For this reason, batteries should
not be placed into commingled recycling containers or
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disposed of via traditional garbage collection containers.
(4) Jurisdictions around the world have successfully
implemented battery stewardship laws that have helped address
the challenges posed by the end-of-life management of
batteries.
(5) It is difficult for customers to differentiate
between types and chemistries of batteries so it is the best
practice for battery stewardship programs to collect all
battery types and chemistries.
(6) Furthermore, it is appropriate for larger batteries
used in emerging market sectors such as electric vehicles,
solar power arrays and data centers, to be managed to ensure
environmentally positive outcomes similar to those achieved
by a battery stewardship program, both because of the
potential economic value of large batteries used for these
purposes and the anticipated profusion of these larger
batteries as these market sectors mature.
§ 6703. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Battery-containing product." A product that contains or is
packaged with rechargeable or primary batteries that are covered
batteries. The term does not include a covered device as defined
by section 102 of the Covered Device Recycling Act.
"Battery stewardship organization." A producer that directly
implements a battery stewardship plan required under this
chapter or a nonprofit organization designated by a producer or
group of producers to implement a battery stewardship plan
required under this chapter.
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"Collection rate." A percentage, by weight, of covered
batteries that a battery stewardship organization collects that
is calculated by dividing the total weight of primary and
rechargeable batteries collected during the previous calendar
year by the average annual weight of primary and rechargeable
batteries that were estimated to have been sold in this
Commonwealth by all producers participating in that approved
battery stewardship plan during the previous three calendar
years.
"Covered battery." The term:
(1) Includes:
(i) A portable battery.
(ii) Beginning January 1, 2028, a medium format
battery.
(2) Does not include any of the following:
(i) A battery contained within a device as specified
in 21 U.S.C. § 321(h) (relating to definitions;
generally) as it existed as of the effective date of this
subparagraph and that is not designed and marketed for
sale or resale principally to consumers for personal use.
(ii) A battery that contains an electrolyte as a
free liquid.
(iii) A lead acid battery under section 1510 of the
Municipal Waste Planning, Recycling and Waste Reduction
Act.
(iv) A battery in a battery-containing product that
is not intended or designed to be easily removed from the
battery-containing product.
"Covered Device Recycling Act." The act of November 23, 2010
(P.L.1083, No.108), known as the Covered Device Recycling Act.
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"Damaged and defective batteries." Batteries that have been
damaged or identified by the manufacturer as being defective for
safety reasons, that have the potential of producing a dangerous
evolution of heat, fire or short circuit, as referred to in 49
CFR 173.185(f) (relating to lithium cells and batteries) as of
January 1, 2023, or as may be established by the department by
rule to maintain consistency with Federal standards.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Easily removed." Designed by the manufacturer to be removed
by the user of the product with no more than commonly used
household tools.
"Medium format battery." Any of the following primary or
rechargeable covered batteries:
(1) For rechargeable batteries, a battery weighing more
than 11 pounds or having a rating of more than 300 watt-
hours, or both, but weighing no more than 25 pounds and
having a rating of no more than 2,000 watt-hours.
(2) For primary batteries, a battery weighing more than
4.4 pounds but not more than 25 pounds.
"Municipal Waste Planning, Recycling and Waste Reduction
Act." The act of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction Act.
"Portable battery." The following primary or rechargeable
covered batteries:
(1) For rechargeable batteries, a battery weighing no
more than 11 pounds and having a rating of no more than 300
watt-hours.
(2) For primary batteries, a battery weighing no more
than 4.4 pounds.
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"Primary battery." A battery that is not capable of being
recharged.
"Producer." The following person responsible for compliance
with requirements under this chapter for a covered battery or
battery-containing product sold, offered for sale or distributed
in or into this Commonwealth:
(1) For covered batteries:
(i) If the battery is sold under the brand of the
battery manufacturer, the producer is the person that
manufactures the battery.
(ii) If the battery is sold under a retail brand or
under a brand owned by a person other than the
manufacturer, the producer is the brand owner.
(iii) If there is no person to which subparagraph
(i) or (ii) of this definition applies, the producer is
the person that is the licensee of a brand or trademark
under which the battery is used in a commercial
enterprise, sold, offered for sale or distributed in or
into this Commonwealth, whether or not the trademark is
registered in this Commonwealth.
(iv) If there is no person described in subparagraph
(i), (ii) or (iii) within the United States, the producer
is the person who is the importer of record for the
battery into the United States for use in a commercial
enterprise that sells, offers for sale or distributes the
battery in this Commonwealth.
(v) If there is no person described in subparagraph
(i), (ii), (iii) or (iv) with a commercial presence
within this Commonwealth, the producer is the person who
first sells, offers for sale or distributes the battery
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in or into this Commonwealth.
(2) For covered battery-containing products:
(i) If the battery-containing product is sold under
the brand of the product manufacturer, the producer is
the person that manufactures the product.
(ii) If the battery-containing product is sold under
a retail brand or under a brand owned by a person other
than the manufacturer, the producer is the brand owner.
(iii) If there is no person to which subparagraph
(i) or (ii) applies, the producer is the person that is
the licensee of a brand or trademark under which the
product is used in a commercial enterprise, sold, offered
for sale or distributed in or into this Commonwealth,
whether or not the trademark is registered in this
Commonwealth.
(iv) If there is no person described in subparagraph
(i), (ii) or (iii) within the United States, the producer
is the person who is the importer of record for the
product into the United States for use in a commercial
enterprise that sells, offers for sale or distributes the
product in this Commonwealth.
(v) If there is no person described in subparagraph
(i), (ii), (iii) or (iv) with a commercial presence
within this Commonwealth, the producer is the person who
first sells, offers for sale or distributes the product
in or into this Commonwealth.
(vi) A producer does not include any person who only
manufactures, sells, offers for sale, distributes or
imports into this Commonwealth a battery-containing
product if the only batteries used by the battery-
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containing product are supplied by a producer that has
joined a registered battery stewardship organization as
the producer for that covered battery under this chapter.
Such a producer of covered batteries that are included in
a battery-containing product must provide written
certification of that membership to both the producer of
the covered battery-containing product and the battery
stewardship organization of which the battery producer is
a member.
"Program." A program implemented by a battery stewardship
organization consistent with an approved battery stewardship
plan.
"Rechargeable battery." A battery that contains one or more
voltaic or galvanic cells, electrically connected to produce
electric energy and designed to be recharged.
"Recycling." As defined in section 103 of the Municipal
Waste Planning, Recycling and Waste Reduction Act.
"Recycling efficiency rate." The ratio of the weight of
covered battery components and materials recycled by a program
operator from covered batteries to the weight of those covered
batteries collected by the program operator.
"Retailer." A person who sells covered batteries or battery-
containing products in or into this Commonwealth or offers or
otherwise makes available covered batteries or battery-
containing products to a customer, including other businesses,
in this Commonwealth.
§ 6704. Stewardship plans.
Beginning January 1, 2026:
(1) Each producer selling, offering or making available
for sale or distributing covered batteries or battery-
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containing products in or into this Commonwealth shall
participate in an approved State battery stewardship plan
through participation in and appropriate funding of a battery
stewardship organization.
(2) A producer that does not participate in a battery
stewardship organization and a battery stewardship plan may
not sell, offer or make available for sale, or distribute
covered batteries or battery-containing products covered by
this chapter, in or into this Commonwealth.
§ 6705. Retailers.
The following apply:
(1) Beginning July 1, 2026, for portable batteries, and
July 1, 2028, for medium format batteries, a retailer may not
sell, offer or make available for sale or distribute a
covered battery or battery-containing product unless the
producer of the covered battery or battery-containing product
certifies to the retailer that the producer participates in a
battery stewardship organization whose plan has been approved
by the department.
(2) A retailer is not in violation of the requirements
of paragraph (1) and is not subject to penalties under
section 6712 (relating to fee and department role) as long as
the publicly accessible Internet website made available by
the department under section 6712(b)(3) lists, as of the date
a product is made available for retail sale, a producer or
brand of covered battery or battery-containing product sold
by the retailer as being a participant in an approved plan or
the implementer of an approved plan.
(3) Retailers of covered batteries or battery-containing
products are not required to make retail locations available
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to serve as collection sites for a stewardship program
operated by a battery stewardship organization. Retailers
that serve as a collection site must comply with the
requirements for collection sites under section 6709
(relating to collection and management requirements).
(4) A retailer may not sell, offer or make available for
sale or distribute covered batteries or battery-containing
products, unless those batteries are marked consistent with
the requirements of section 6714 (relating to marking
requirements for batteries). A producer of a battery-
containing product must certify to the retailers of their
product that the battery contained in the battery-containing
product is marked consistent with the requirements of section
6714. A retailer may rely on this certification for purposes
of compliance under this subsection.
(5) A retailer selling or offering covered batteries or
battery-containing products for sale in this Commonwealth may
provide information, provided by the battery stewardship
organization, regarding available end-of-life management
options for covered batteries collected by the battery
stewardship organization. The information that a battery
stewardship organization must make available to retailers for
voluntary use by retailers must include in-store signage,
written materials and other promotional materials that
retailers may use to inform customers of the available end-
of-life management options for covered batteries collected by
the battery stewardship organization.
(6) Retailers, producers or battery stewardship
organizations must not charge a specific point-of-sale fee to
consumers to cover the administrative or operational costs of
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the battery stewardship organization or the battery
stewardship program.
§ 6706. Stewardship plan requirements.
(a) Approval.--By July 1, 2025, each battery stewardship
organization must submit a plan for covered portable batteries
to the department for approval. By July 1, 2027, each battery
stewardship organization must submit a plan for covered medium
format batteries to the department for approval. The department
must review and may approve a plan based on whether the plan
contains the following components:
(1) Lists and provides contact information for each
producer, battery brand and battery-containing product brand
covered in the plan.
(2) Proposes performance goals, consistent with section
6707 (relating to performance standards), including
establishing performance goals for each of the next three
upcoming calendar years of program implementation.
(3) Describes how the battery stewardship organization
will make retailers aware of the retailer's obligation to
sell only covered batteries and battery-containing products
of producers participating in an approved plan.
(4) Describes the education and communications strategy
being implemented to effectively promote participation in the
approved battery stewardship program and provide the
information necessary for effective participation of
consumers, retailers and others.
(5) Describes how the battery stewardship organization
will make available to collection sites, for voluntary use,
signage, written materials and other promotional materials
that collection sites may use to inform consumers of the
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available end-of-life management options for covered
batteries collected by the battery stewardship organization.
(6) Lists promotional activities to be undertaken, and
the identification of consumer awareness goals and strategies
that the program will employ to achieve these goals after the
program is implemented.
(7) Includes collection site safety training procedures
related to covered battery collection activities at
collection sites, including appropriate protocols to reduce
risks of spills or fires and response protocols in the event
of a spill or fire, and a protocol for safe management of
damaged batteries that are returned to collection sites.
(8) Describes the method to establish and administer a
means for fully funding the program in a manner that
equitably distributes the program's costs among the producers
that are part of the battery stewardship organization. For
producers that elect to meet the requirements of this chapter
individually, without joining a battery stewardship
organization, the plan must describe the proposed method to
establish and administer a means for fully funding the
program.
(9) Describes the financing methods used to implement
the plan, consistent with section 6707.
(10) Describes how the program will collect all covered
battery chemistries and brands on a free, continuous,
convenient, visible and accessible basis, and consistent with
the requirements of section 6709 (relating to collection and
management requirements), including a description of how the
Statewide convenience standard will be met and a list of
collection sites, including the addresses of collection
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sites.
(11) Describes the criteria to be used in the program to
determine whether an entity may serve as a collection site
for discarded batteries under the program.
(12) Establishes collection goals for each of the first
three years of implementation of the battery stewardship plan
that are based on the estimated total weight of primary and
rechargeable covered batteries that have been sold in this
Commonwealth in the previous three calendar years by the
producers participating in the battery stewardship plan.
(13) Identifies proposed sorters, transporters,
processors and facilities to be used by the program for the
final disposition of batteries and how collected batteries
will be managed in an environmentally sound manner at
facilities operating in compliance with human health and
environmental protection standards that are broadly
equivalent to or better than those required in the United
States.
(14) Details how the program will help this Commonwealth
achieve the target recycling efficiency rate, calculated
consistent with section 6711 (relating to reporting
requirements), of at least 60% for rechargeable batteries and
at least 70% for primary batteries.
(15) Describes how the public education and outreach
components of the program under section 6710 (relating to
education and outreach requirements) will be implemented.
(b) Review.--The department shall review the stewardship
plan for compliance with this chapter and shall approve,
disapprove or conditionally approve the plan within 120 days of
receipt of the plan. The following shall apply:
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(1) If the department disapproves a stewardship plan
submitted by a battery stewardship organization, the
department shall explain how the stewardship plan does not
comply with this chapter and provide written notice to the
battery stewardship organization within 30 days of
disapproval.
(2) The battery stewardship organization may resubmit to
the department a revised stewardship plan within 60 days of
the date the written notice was issued and the department
shall review the revised stewardship plan within 90 days of
resubmittal.
(3) If a revised stewardship plan is disapproved by the
department, a producer operating under the stewardship plan
shall not be in compliance with this chapter until the
department approves a stewardship plan submitted by a battery
stewardship organization that covers the producer's products.
(c) New plan required.--A battery stewardship organization
must submit a new plan to the department for approval:
(1) If there are significant changes to the methods of
collection, transport or end-of-life management of covered
batteries under section 6709 that are not provided for in the
plan. The department shall identify the types of significant
changes that require a new plan to be submitted to the
department for approval. For purposes of this paragraph,
adding or removing a processor or transporter under the plan
is not considered a significant change that requires a plan
resubmittal.
(2) To address the novel inclusion of medium format
batteries as covered batteries under the plan.
(3) No less than every five years.
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(d) Amendments.--A battery stewardship organization must
provide plan amendments to the department for approval:
(1) When proposing changes to the performance goals
under section 6707 based on the up-to-date experience of the
program.
(2) When there is a change to the method of financing
plan implementation under section 6708 (relating to funding).
This does not include changes to the fees or fee structure
established in the plan.
(3) When adding or removing a processor, as part of a
quarterly update submitted to the department.
(e) Quarterly notifications.--A battery stewardship
organization must notify the department on a quarterly basis if
a producer begins or ceases to participate in a battery
stewardship organization. This quarterly notice, if required,
must include a current list of the producers and brands
participating in the plan.
(f) Revised plan.--No earlier than five years after the
initial approval of a plan, the department may require a battery
stewardship organization to submit a revised plan, which may
include improvements to the collection site network or increased
expenditures dedicated to education and outreach, if the
approved plan has not met the performance goals under section
6707.
§ 6707. Performance standards.
(a) Goals required.--Each battery stewardship plan must
include performance goals that measure, on an annual basis, the
achievements of the program, including:
(1) The collection rate for batteries in this
Commonwealth.
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(2) The recycling efficiency rate of the program.
(3) Public convenience and accessibility of the program.
(b) Targets.--The performance goals established in each
battery stewardship plan must include:
(1) Target collection rates for primary batteries and
for rechargeable batteries.
(2) Target recycling efficiency rates of at least 60%
for rechargeable batteries and at least 70% for primary
batteries.
(3) Goals for convenience and accessibility that meet or
exceed the minimum requirements established in section 6709
(relating to collection and management requirements).
(4) A battery stewardship organization is not authorized
to reduce or cease collection, education and outreach or
other activities implemented under an approved plan based on
achievement of program performance goals.
§ 6708. Funding.
(a) Availability.--Each battery stewardship organization
must ensure that adequate funding is available to fully
implement approved battery stewardship plans, including the
implementation of aspects of the plan addressing:
(1) Covered battery collection, transporting and
processing.
(2) Education and outreach.
(3) Program evaluation.
(4) Payment of the administrative fees to the department
under section 6712 (relating to fee and department role).
(b) Collection of funds.--A battery stewardship organization
implementing a battery stewardship plan on behalf of producers
must develop a system to collect charges from participating
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producers to cover the costs of plan implementation. Each
battery stewardship organization:
(1) Is responsible for all costs of participating
covered battery collection, transportation, processing,
education, administration, department reimbursement,
recycling and end-of-life management in accordance with the
requirements of this chapter.
(2) Shall adopt environmentally sound management
practices which include the following:
(i) Comply with all applicable laws and rules in
place to protect workers, public health and the
environment.
(ii) Provide for adequate recordkeeping, tracking
and documenting of the fate of materials within this
Commonwealth and beyond.
(iii) Include comprehensive liability coverage for
the battery stewardship organization, including
environmental liability coverage that is commercially
practicable.
(3) Must reimburse local governments and solid waste or
recyclables handling facilities for demonstrable costs
incurred as a result of a local government facility or solid
waste or recyclables handling facility serving as a
collection site for its program, including associated labor
costs, storage and other costs associated with accessibility
and collection site standards.
(4) Shall, at a minimum, provide collection sites with
appropriate containers for covered batteries subject to its
program, training, signage, safety guidance and educational
materials, at no cost to the collection sites.
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§ 6709. Collection and management requirements.
(a) Collection.--Each battery stewardship organization
implementing a battery stewardship plan must provide for the
collection of all covered batteries, including all chemistries
and brands of covered batteries, on a free, continuous,
convenient, visible and accessible basis to any person,
business, government department or agency or nonprofit
organization. Except as provided in subsection (b)(2), each
battery stewardship plan must allow any person, business,
government department or agency or nonprofit organization to
deliver each chemistry and brand of covered battery at each
collection site that counts toward the satisfaction of the
collection site criteria in subsection (c).
(b) Requirements.--Each battery stewardship organization
implementing a battery stewardship plan must provide as follows:
(1) For each collection site utilized by the program,
suitable collection containers for covered batteries that are
segregated from other solid waste or make mutually agreeable
alternative arrangements for the collection of batteries at
the site. The location of collection containers at each
collection site used by the program must be within view of a
responsible person and must be accompanied by signage made
available to the collection site by the battery stewardship
organization that informs customers regarding the end-of-life
management options for batteries provided by the collection
site under this chapter. Each collection site must meet
applicable Federal, State and local regulatory requirements
while adhering to the operations manual and other safety
information provided to the collection site by the battery
stewardship organization.
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(2) That medium format batteries may only be collected
at household hazardous waste collection sites or other
staffed collection sites that meet applicable Federal, State
and local regulatory requirements to manage medium format
batteries.
(3) For damaged and defective batteries:
(i) Collected only at collection sites staffed by
persons trained to handle and ship those batteries.
(ii) Each battery stewardship organization must
provide for collection in each county of this
Commonwealth, either through collection sites or
collection events, with qualified staff as specified in
subparagraph (i). Collection events should be provided
periodically throughout the year where practicable, but
must be provided at least once per year at a minimum, in
each county in which there are not permanent collection
sites providing for the collection of damaged and
defective batteries.
(c) Management.--Each battery stewardship organization
implementing a battery stewardship plan must provide as follows:
(1) A battery stewardship plan that ensures Statewide
collection opportunities for all covered batteries. The
following shall apply:
(i) Battery stewardship organizations shall
coordinate activities with other program operators,
including other covered battery collection and recycling
programs and electronic waste recyclers, with regard to
the proper management or recycling of collected covered
batteries, for purposes of providing the efficient
delivery of services and avoiding unnecessary duplication
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of effort and expense.
(ii) Statewide collection opportunities must be
determined by geographic information that considers
permanent collection sites.
(iii) A program may rely, in part, on collection
events to supplement the permanent collection services
required in paragraphs (2) and (3).
(iv) Only permanent collection services specified in
paragraphs (2) and (3) qualify toward the satisfaction of
the requirements of this subsection.
(2) For portable batteries, each battery stewardship
organization must provide Statewide collection opportunities
that include:
(i) One permanent collection site in each county
that has a population density that is less than 250
individuals per square mile.
(ii) Two permanent collection sites in each county
that has a population density that is greater than or
equal to 250 individuals per square mile but less than
500 individuals per square mile.
(iii) Three permanent collection sites in each
county that has a population density that is greater than
or equal to 500 individuals per square mile but less than
750 individuals per square mile.
(iv) Four permanent collection sites in each county
that has a population density that is greater than or
equal to 750 individuals per square mile but less than
1,000 individuals per square mile.
(v) Five permanent collection sites in each county
that has a population density that is greater than or
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equal to 1,000 individuals per square mile but less than
5,000 individuals per square mile.
(vi) Fifteen permanent collection sites in each
county that has a population density that is greater than
or equal to 5,000 individuals per square mile.
(vii) If a municipality has a population of more
than 1,000,000 residents, the program shall provide 10
additional permanent collection sites to be located
within that municipality, with the collection sites
required by paragraph (vi) to be located, to the extent
reasonably possible, outside the municipality.
(viii) Collection opportunities for portable
batteries at special locations where batteries are often
spent and replaced, including supervised locations at
parks with stores and campgrounds.
(3) For medium format batteries, a battery stewardship
organization must provide statewide collection opportunities
that include:
(i) At least 10 permanent collection sites in this
Commonwealth during the initial five-year plan period.
(ii) Reasonable geographic dispersion of permanent
collection sites throughout this Commonwealth.
(iii) After the initial five-year plan period, a
permanent collection site in each county of at least
200,000 persons, as determined by the most recent Federal
decennial census.
(iv) A battery stewardship organization must ensure
that there is a collection event at least once every
three years in each county of this Commonwealth which
does not have a permanent collection site. The collection
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events must provide for the collection of all medium
format batteries, including damaged and defective
batteries.
(d) Services and facilities.--Each battery stewardship
organization implementing a battery stewardship plan must:
(1) Use existing public and private waste collection
services and facilities, including where cost effective,
mutually agreeable and otherwise practicable, battery
collection sites that are established through other battery
collection programs, services, transporters, consolidators,
processors and retailers.
(2) Use as a collection site for covered batteries any
retailer, wholesaler, municipality, solid waste management
facility, household hazardous waste facility or other entity
that meets the criteria for collection sites in the approved
plan up to the minimum number of sites required for
compliance with subsection (c), upon the submission of a
request by an entity to the battery stewardship organization
to serve as a collection site. Battery stewardship programs
may use additional collection sites in excess of the minimum
required in subsection (c) as may be agreed upon between the
battery stewardship organization and the collection site.
(3) Use as a site for a collection event for covered
batteries a retailer, wholesaler, municipality, solid waste
management facility, household hazardous waste facility or
other entity that meets the criteria for collection events in
the approved plan up to the minimum number of sites required
for compliance with subsection (c), upon the submission of a
request by an entity to the battery stewardship organization
to serve as a site for a collection event. Battery
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stewardship programs may use additional sites for collection
events in excess of the minimum required in subsection (c) as
may be agreed upon between the battery stewardship
organization and the collection site.
(4) A battery stewardship organization may issue a
warning, suspend or terminate a collection site or service
that does not adhere to the collection site criteria in the
approved plan or that poses an immediate health and safety
concern.
(e) Programs.--Battery stewardship programs:
(1) Are required to provide for the collection of loose
covered batteries.
(2) Are not required to provide for the collection of
battery-containing products.
(3) Are not required to provide for the collection of
batteries that either:
(i) Are not easily removed from the product other
than by the manufacturer.
(ii) Remain contained in a battery-containing
product at the time of delivery to a collection site.
(4) Are not required to provide for the collection of
batteries still contained in a covered device as defined by
the Covered Device Recycling Act.
§ 6710. Education and outreach requirements.
(a) Promotional activities.--Each battery stewardship
organization must carry out promotional activities in support of
plan implementation, including all of the following:
(1) Development and maintenance of a publicly accessible
Internet website.
(2) Development and distribution of periodic press
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releases and articles.
(3) Development and placement of advertisements for use
on social media or other relevant media platforms.
(4) Development of promotional materials about the
program and the restriction on the disposal of covered
batteries in section 6715 (relating to general battery
disposal and collection requirements) to be used by
retailers, government agencies, waste and recycling
collectors, nonprofit organizations and other entities or
individuals.
(5) Development and distribution of collection site
safety training procedures that are in compliance with
Commonwealth law applicable to collection sites to help
ensure proper management of covered batteries at collection
sites.
(6) Development and implementation of outreach and
educational resources that are conceptually, linguistically
and culturally accurate for the communities served and reach
this Commonwealth's diverse ethnic populations, including
through meaningful consultation with communities that bear
disproportionately higher levels of adverse environmental and
social justice impacts.
(b) Information required.--Each battery stewardship
organization must provide:
(1) Consumer-focused educational promotional materials
to each collection site used by the program and accessible by
customers of retailers that sell covered batteries or
battery-containing products.
(2) Safety information related to covered battery
collection activities to the operator of each collection
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site, including appropriate protocols to reduce risks of
spills or fires, response protocols in the event of a spill
or fire and response protocols in the event of detection of a
damaged or defective battery.
(3) Educational materials to the operator of each
collection site for the management of recalled batteries,
which are not intended to be part of collection as provided
under section 6709 (relating to collection and management
requirements), to help facilitate transportation and
processing of recalled batteries.
(c) Reimbursement.--A battery stewardship organization may
seek reimbursement from the producer of any recalled battery for
expenses incurred in the collection, transportation or
processing of those batteries.
(d) Duties.--Upon request by a retailer or other potential
collector, the battery stewardship organization must provide the
retailer or other potential collector educational materials
describing collection opportunities for batteries.
(e) Reporting.--If multiple battery stewardship
organizations are implementing plans approved by the department,
the battery stewardship organizations must coordinate in
carrying out the education and outreach responsibilities under
this section and must include in the annual reports to the
department under section 6711 (relating to reporting
requirements) a summary of the coordinated education and
outreach efforts.
§ 6711. Reporting requirements.
(a) Annual reports.--By June 1, 2027, and each June 1
thereafter, each battery stewardship organization must submit an
annual report to the department covering the preceding calendar
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year of battery stewardship plan implementation. The report must
include:
(1) A summary financial statement in accordance with the
following:
(i) The statement must:
(A) Document the financing of the battery
stewardship organization's program.
(B) Provide an analysis of program costs and
expenditures, including an analysis of the program's
expenses, including collection, transportation,
recycling, education and administrative overhead.
(C) Be sufficiently detailed to provide
transparency that funds collected from producers as a
result of their activities in this Commonwealth are
spent on program implementation in this Commonwealth.
(ii) Battery stewardship organizations implementing
similar battery stewardship programs in multiple states
may submit a financial statement including all covered
states, as long as the statement breaks out financial
information pertinent to this Commonwealth.
(2) The weight, by chemistry, of covered batteries
collected under the program.
(3) The weight of materials recycled from covered
batteries collected under the program, in total, and by
method of battery recycling.
(4) A calculation of the recycling efficiency rates, as
measured consistent with subsection (b).
(5) For each facility used for the final disposition of
batteries, a description of how the facility recycled or
otherwise disposed of batteries and battery components.
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(6) The weight and chemistry of batteries sent to each
facility used for the final disposition of batteries. The
information in subsection (a)(5) may be approximated for
program operations in this Commonwealth based on
extrapolations of national or regional data for programs in
operation in multiple states.
(7) The collection rate achieved under the program,
including a description of how this collection rate was
calculated and how the collection rate compares to the
collection rate goals under section 6707 (relating to
performance standards).
(8) The estimated aggregate sales, by weight and
chemistry, of batteries and batteries contained in or with
battery-containing products sold in this Commonwealth by
participating producers for each of the previous three
calendar years.
(9) A description of the manner in which the collected
batteries were managed and recycled, including a discussion
of best available technologies and the recycling efficiency
rate.
(10) A description of education and outreach efforts
supporting plan implementation, including:
(i) A summary of education and outreach provided to
consumers, collection sites, manufacturers, distributors
and retailers by the program operator for the purpose of
promoting the collection and recycling of covered
batteries.
(ii) A description of how the education under
subparagraph (i) and outreach meet the requirements of
section 6710 (relating to education and outreach
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requirements).
(iii) Samples of education and outreach materials.
(iv) A summary of coordinated education and outreach
efforts with any other battery stewardship organizations
implementing a plan approved by the department.
(v) A summary of any changes made during the
previous calendar year to education and outreach
activities.
(11) A list of all collection sites, an address for each
listed site and an up-to-date map indicating the location of
all collection sites used to implement the program, with
links to appropriate publicly accessible Internet websites if
there are existing publicly accessible Internet websites
associated with a site.
(12) A description of methods used to collect, transport
and recycle covered batteries by the battery stewardship
organization.
(13) A summary on progress made toward the program
performance goals established under section 6707 and an
explanation of why performance goals were not met, if
applicable.
(b) Count.--The weight of batteries or recovered resources
from those batteries must only be counted once and may not be
counted by more than one battery stewardship organization.
(c) Other reporting requirements.--In addition to the
requirements of subsection (a), with respect to each facility
used in the processing or disposition of batteries collected
under the program, each battery stewardship organization must
report:
(1) Whether the facility is located domestically, in an
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organization for economic cooperation and development country
or in a country that meets organization for economic
cooperation and development operating standards.
(2) What facilities processed the batteries and for
domestic facilities a summary of any violations of
environmental laws and regulations over the previous three
years at each facility.
(d) Covered batteries.--If a battery stewardship
organization has disposed of covered batteries through energy
recovery, incineration or landfilling during the preceding
calendar year of program implementation, the annual report must
specify the steps that the battery stewardship organization will
take to make the recycling of covered batteries cost effective,
where possible, or to otherwise increase battery recycling rates
achieved by the battery stewardship organization.
(e) Confidentiality.--
(1) A producer or battery stewardship organization that
submits information or records to the department under this
chapter may request that the information or records be made
available only for the confidential use of the department,
the secretary of the department or the appropriate division
of the department.
(2) The Secretary of Environmental Protection must
consider the request and if this action is not detrimental to
the public interest and can otherwise be restricted in
accordance with the policies and purposes of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law, the Secretary of Environmental Protection must grant the
request for the information to remain confidential.
§ 6712. Fee and department role.
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(a) Fees.--Each battery stewardship organization submitting
a battery stewardship plan, revision or amendment, shall pay a
fee to the department as follows:
(1) The fee shall be sufficient to cover the
department's full costs of implementing, administering and
enforcing this chapter.
(2) Prior to June 1, 2025, and every other June 1
thereafter, the department shall identify the costs incurred
under this section and set a fee schedule for plan
submissions that is adequate to reimburse the department's
full costs of administering this chapter.
(3) The total amount of the annual fees collected under
this section shall not exceed the amount necessary to
reimburse costs incurred by the department to administer this
section.
(b) Departmental duties.--The responsibilities of the
department in implementing, administering and enforcing this
chapter include:
(1) Reviewing submitted stewardship plans and plan
amendments and making determinations on the plan or plan
amendment. The following shall apply:
(i) The department must provide a letter of approval
or conditional approval for the plan or plan amendment if
the plan provides for the establishment of a stewardship
program that meets the requirements of sections 6706
(relating to stewardship plan requirements), 6707
(relating to performance standards), 6708 (relating to
funding), 6709 (relating to collection and management
requirements) and 6710 (relating to education and
outreach requirements).
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(ii) If a plan or plan amendment is rejected, the
department must provide the reasons for rejecting the
plan to the battery stewardship organization. The battery
stewardship organization must submit a new plan within 60
days after receipt of the letter of disapproval.
(iii) If a plan or an amendment to an approved plan
is submitted under this section, the department shall
make the proposed plan or amendment available for public
review and comment for at least 30 days.
(2) Reviewing annual reports submitted under section
6711 (relating to reporting requirements) within 90 days of
submission to ensure compliance with that section.
(3) Ensuring public awareness by:
(i) Maintaining a publicly accessible Internet
website that lists producers and the brands that are
participating in an approved battery stewardship plan,
and that makes available to the public each plan, plan
amendment and annual report received by the department
under this chapter.
(ii) Upon the date the first plan is approved or
conditionally approved, posting on the department's
publicly accessible Internet website a list of producers
and the brands for which the department has approved a
plan. The department must update the list of producers
and brands participating under an approved program plan
based on information provided to the department from
battery stewardship organizations.
(4) Providing technical assistance to producers and
retailers related to the requirements of this chapter and
issuing orders or imposing civil penalties authorized under
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section 6713 (relating to penalties and civil actions) where
the technical assistance efforts do not lead to compliance by
a producer or retailer.
§ 6713. Penalties and civil actions.
(a) Civil penalty.--
(1) Except as provided in paragraph (2), a person who
violates any provision of this chapter is liable for a civil
penalty of $2,500 per violation.
(2) For the failure to pay a fee under this chapter, a
person who fails to pay the fee is liable for a civil penalty
that is double the applicable fee.
(b) Civil actions.--The penalties under this section may be
recovered in a civil action brought by the department. Any
penalties collected under this section in an action in which the
department has prevailed shall be deposited into the
Commonwealth of Pennsylvania, Recycling Fund, to be used in
accordance with the provision of the Municipal Waste Planning,
Recycling and Waste Reduction Act.
(c) Other civil remedies.--The department may institute a
civil action for an injunction, prohibitory or mandatory, to
restrain violations of this chapter or to require actions as may
be necessary to address violations of this chapter.
(d) Other remedies.--The penalties and injunctions provided
in this chapter are in addition to any penalties, injunctions or
other relief under any other State law. Nothing in this chapter
bars a cause of action by the Commonwealth for any other
penalty, injunction or other relief provided by any other
applicable law.
(e) Falsification.--A person who knowingly makes a false,
fictitious or fraudulent material statement, orally or in
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writing, to the department, related to or required by this
chapter or any rule adopted under this chapter, commits a
misdemeanor of the third degree, under 18 Pa.C.S. § 4904(b)
(relating to unsworn falsification to authorities).
(f) Limitation.--No penalty may be assessed on an individual
or resident for the improper disposal of covered batteries under
section 6715 (relating to general battery disposal and
collection requirements) in a noncommercial or residential
setting.
§ 6714. Marking requirements for batteries.
(a) Marking.--Beginning January 1, 2027, a producer or
retailer may only sell, distribute or offer for sale in or into
this Commonwealth a medium format battery, covered battery or
battery-containing product that contains a battery that is
designed or intended to be easily removed from the product, if
the battery is:
(1) Marked with an identification of the producer of the
battery, unless the battery is less than one-half inch in
diameter or does not contain a surface whose length exceeds
one-half inch.
(2) Beginning January 1, 2029, marked with proper
labeling to ensure proper collection and recycling, by
identifying the chemistry of the battery, including an
indication that the battery should not be disposed of as
household waste.
(b) Certification.--A producer shall certify to the
producer's customers, or to the retailer if the retailer is not
the customer, that the requirements of this section have been
met, under section 6705 (relating to retailers).
(c) Amendments to requirements.--The department may amend,
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by rule, the requirements of subsection (a) to maintain
consistency with the labeling requirements or voluntary
standards for batteries established by Federal law.
§ 6715. General battery disposal and collection requirements.
Effective January 1, 2026, for portable batteries and January
1, 2028, for medium format batteries, the following shall apply:
(1) Each person must handle unwanted covered batteries
through one of the following options:
(i) Delivery to the collection sites established by
or included in the programs created by this chapter.
(ii) For covered batteries generated by persons that
are regulated generators of batteries covered under
Federal or State hazardous or solid waste laws,
management in a manner consistent with the requirements
of those laws.
(2) A fee may not be charged at the time unwanted
covered batteries are delivered or collected for management.
(3) All covered batteries may only be collected,
transported and processed in a manner that meets the
standards established for a battery stewardship organization
in a plan approved by the department, unless the batteries
are being managed as described in paragraph (1)(ii).
(4) A person may not place covered batteries in waste
containers for disposal at incinerators, waste-to-energy
facilities or landfills.
(5) A person may not place covered batteries in or on a
container for mixed recyclables unless there is a separate
location or compartment made available and designated for the
covered battery that complies with local government
collection standards or guidelines.
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