S. 4522 2
2. "BRAND" MEANS A NAME, SYMBOL, WORD, OR TRACEABLE MARK THAT IDENTI-
FIES:
A. A PRIMARY BATTERY AND ATTRIBUTES THE PRIMARY BATTERY TO THE OWNER
OR LICENSEE OF THE BRAND AS THE PRODUCER; OR
B. A PRIMARY BATTERY-CONTAINING PRODUCT AND ATTRIBUTES THE PRIMARY
BATTERY TO THE OWNER OR LICENSEE OF THE PRIMARY BATTERY-CONTAINING PROD-
UCT AS THE PRODUCER.
3. "CALENDAR YEAR" MEANS THE PERIOD COMMENCING JANUARY FIRST AND
ENDING DECEMBER THIRTY-FIRST OF THE SAME CALENDAR YEAR.
4. "COLLECTION RATE" MEANS A PERCENTAGE BY WEIGHT THAT EACH PRODUCER
OR STEWARDSHIP ORGANIZATION COLLECTS BY AN ESTABLISHED DATE. THE
COLLECTION RATE SHALL BE CALCULATED BY WEIGHT BASED ON THE PERCENTAGE OF
PRIMARY BATTERIES, INCLUDING PRIMARY BATTERIES TAKEN FROM PRIMARY
BATTERY-CONTAINING PRODUCTS, THAT ARE COLLECTED DURING A CALENDAR YEAR,
AS COMPARED TO THE AVERAGE WEIGHT OF PRIMARY BATTERIES, INCLUDING THOSE
IN PRIMARY BATTERY-CONTAINING PRODUCTS, THAT WERE ESTIMATED TO HAVE BEEN
SOLD IN THE STATE BY PARTICIPATING PRODUCERS DURING THE THREE PREVIOUS
CALENDAR YEARS. ESTIMATES OF PRIMARY BATTERIES SOLD IN THE STATE MAY BE
BASED ON A REASONABLE PRO RATA CALCULATION BASED ON NATIONAL SALES.
5. "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.
6. "DISCARDED PRIMARY BATTERY" MEANS A PRIMARY BATTERY THAT IS NO
LONGER USED FOR ITS MANUFACTURED PURPOSE.
7. "EASILY REMOVABLE" MEANS READILY DETACHABLE BY A PERSON WITHOUT THE
USE OF TOOLS OR WITH THE USE OF COMMON HOUSEHOLD TOOLS.
8. "PRIMARY BATTERY" MEANS A NONRECHARGEABLE BATTERY WEIGHING TWO
KILOGRAMS OR LESS, INCLUDING ALKALINE, CARBON-ZINC, LITHIUM METAL, AND
OTHER BATTERIES TYPICALLY GENERATED AS WASTE.
9. "PRIMARY BATTERY-CONTAINING PRODUCT" MEANS A PRIMARY BATTERY
CONTAINED IN OR PACKED WITH PRODUCTS SUCH AS CAMERAS, WATCHES, CALCULA-
TORS, FLASHLIGHTS, LANTERNS, PORTABLE RADIOS, TOYS, AND CLOCKS. "PRIMA-
RY BATTERY-CONTAINING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
A. A PRIMARY BATTERY THAT IS SOLD IN A COVERED ELECTRONIC DEVICE;
B. A PRIMARY BATTERY THAT IS NOT EASILY REMOVABLE OR IS NOT INTENDED
OR DESIGNED TO BE REMOVED FROM THE PRODUCT, OTHER THAN BY THE MANUFAC-
TURER; OR
C. A PRIMARY BATTERY THAT IS SOLD OR USED IN AN IMPLANTED MEDICAL
DEVICE.
10. "PRIMARY BATTERY STEWARDSHIP ORGANIZATION" OR "STEWARDSHIP ORGAN-
IZATION" 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
TITLE.
11. "PRIMARY BATTERY STEWARDSHIP PLAN" OR "PLAN" MEANS A PLAN SUBMIT-
TED TO THE COMMISSIONER PURSUANT TO SECTION 27-1605 OF THIS TITLE BY AN
INDIVIDUAL PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGANIZATION.
12. A. "PRODUCER" MEANS ONE OF THE FOLLOWING WITH REGARD TO A PRIMARY
BATTERY OR A PRIMARY BATTERY-CONTAINING PRODUCT THAT IS SOLD, OFFERED
FOR SALE, OR DISTRIBUTED IN THE STATE:
(I) A PERSON WHO MANUFACTURES A PRIMARY BATTERY, OR A PRIMARY BATTER-
Y-CONTAINING PRODUCT, AND WHO SELLS, OFFERS FOR SALE, OR DISTRIBUTES
THAT PRIMARY BATTERY, OR THAT PRIMARY BATTERY-CONTAINING PRODUCT, IN THE
STATE UNDER THE PERSON'S OWN NAME OR BRAND;
(II) IF SUBPARAGRAPH (I) OF THIS PARAGRAPH DOES NOT APPLY, A PERSON
WHO OWNS OR LICENSES A TRADEMARK OR BRAND UNDER WHICH A PRIMARY BATTERY
S. 4522 3
OR PRIMARY BATTERY-CONTAINING PRODUCT IS SOLD, OFFERED FOR SALE, OR
DISTRIBUTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED; OR
(III) IF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH DO NOT APPLY, A
PERSON WHO IMPORTS A PRIMARY BATTERY OR A PRIMARY BATTERY-CONTAINING
PRODUCT INTO THE STATE FOR SALE OR DISTRIBUTION.
B. "PRODUCER" SHALL NOT MEAN A PERSON WHO MANUFACTURES, SELLS, OFFERS
FOR SALE OR IMPORTS A PRIMARY BATTERY-CONTAINING PRODUCT IN THE STATE IF
THAT PERSON:
(I) AFFIRMS THAT IT ONLY USES PRIMARY BATTERIES SUPPLIED BY A PRODUCER
PARTICIPATING IN AN APPROVED BATTERY STEWARDSHIP PROGRAM; AND
(II) REPORTS TO THE COMMISSIONER THE ESTIMATED NUMBER OF PRIMARY
BATTERIES IN THE PERSON'S PRIMARY BATTERY-CONTAINING PRODUCTS ESTIMATED
TO BE SOLD IN THE STATE. ESTIMATES OF PRIMARY BATTERIES CONTAINED IN
PRIMARY BATTERY-CONTAINING PRODUCTS SOLD IN THE STATE MAY BE BASED ON A
REASONABLE PRO RATA CALCULATION OF NATIONAL SALES OF THE PRIMARY BATTER-
Y-CONTAINING PRODUCTS.
13. "PROGRAM" OR "STEWARDSHIP PROGRAM" MEANS THE SYSTEM FOR THE
COLLECTION, TRANSPORTATION, RECYCLING, AND DISPOSAL OF PRIMARY BATTERIES
IMPLEMENTED PURSUANT TO AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN.
14. 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 ELEVEN POUNDS; OR
(II) A BATTERY PACK DESIGNED TO BE RECHARGED THAT WEIGHS LESS THAN
ELEVEN POUNDS AND THAT IS DESIGNED TO PROVIDE LESS THAN FORTY VOLTS
DIRECT CURRENT.
B. "RECHARGEABLE BATTERY" SHALL 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;
(II) A BATTERY THAT CONTAINS ELECTROLYTE AS A FREE LIQUID; OR
(III) A BATTERY OR BATTERY PACK THAT EMPLOYS LEAD-ACID TECHNOLOGY,
UNLESS THE BATTERY OR BATTERY PACK:
(1) IS SEALED;
(2) CONTAINS NO LIQUID ELECTROLYTE; AND
(3) 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.
15. "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 NAMES;
B. OWNS OR LICENSES A TRADEMARK OR BRAND UNDER WHICH A RECHARGEABLE
BATTERY OR RECHARGEABLE PRODUCT IS SOLD, OFFERED FOR SALE, OR DISTRIB-
UTED IN THE STATE, WHETHER OR NOT THE TRADEMARK IS REGISTERED; OR
C. IF PARAGRAPHS A AND B OF THIS SUBDIVISION DO NOT APPLY, IMPORTS A
RECHARGEABLE BATTERY OR RECHARGEABLE PRODUCT INTO THE STATE FOR SALE OR
DISTRIBUTION.
16. "RECHARGEABLE PRODUCT" MEANS A PRODUCT THAT CONTAINS OR IS PACK-
AGED 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
S. 4522 4
B. AN IMPLANTED MEDICAL DEVICE, AS THAT TERM IS DEFINED IN THE FEDERAL
FOOD, DRUG, AND COSMETIC ACT, 21 U.S.C. S 321(H), AS AMENDED.
17. "RECYCLING" MEANS ANY PROCESS BY WHICH DISCARDED PRODUCTS, COMPO-
NENTS, AND BY-PRODUCTS 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 WITH
OR WITHOUT OTHER WASTE PRODUCTS.
18. "RETAILER" MEANS A PERSON WHO OFFERS A PRIMARY BATTERY OR A PRIMA-
RY 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.
S 27-1603. SALE OF PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING PROD-
UCT; STEWARDSHIP ORGANIZATION REGISTRATION.
1. SALE PROHIBITED. BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN,
EXCEPT AS SET FORTH UNDER THIS SUBDIVISION AND SUBDIVISION TWO OF THIS
SECTION, A PRODUCER OF A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING
PRODUCT SHALL NOT SELL, OFFER FOR SALE, OR DELIVER TO A RETAILER FOR
SUBSEQUENT SALE A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING PRODUCT
UNLESS ALL OF THE FOLLOWING HAS BEEN MET:
A. THE PRODUCER OR STEWARDSHIP ORGANIZATION IS REGISTERED UNDER AN
APPROVED AND IMPLEMENTED PRIMARY BATTERY STEWARDSHIP PLAN;
B. THE PRODUCER OR STEWARDSHIP ORGANIZATION HAS PAID THE FEE UNDER
SECTION 27-1619 OF THIS TITLE; AND
C. THE NAME OF THE PRODUCER AND THE PRODUCER'S BRAND ARE DESIGNATED ON
THE DEPARTMENT WEBSITE AS COVERED BY AN APPROVED PRIMARY BATTERY
STEWARDSHIP PLAN.
2. PRIMARY BATTERY STEWARDSHIP ORGANIZATION REGISTRATION REQUIREMENTS.
BEGINNING SEPTEMBER FIRST, TWO THOUSAND SIXTEEN, AND ANNUALLY THEREAFT-
ER, A STEWARDSHIP ORGANIZATION SHALL FILE A REGISTRATION FORM WITH THE
COMMISSIONER. THE COMMISSIONER SHALL PROVIDE THE REGISTRATION FORM TO A
STEWARDSHIP ORGANIZATION. THE REGISTRATION FORM SHALL INCLUDE:
A. A LIST OF THE PRODUCERS OF PRIMARY BATTERIES AND PRIMARY BATTERY
CONTAINING PRODUCTS PARTICIPATING IN THE STEWARDSHIP ORGANIZATION;
B. A LIST OF THE BRANDS OF PRIMARY BATTERIES AND PRIMARY BATTERY
CONTAINING PRODUCTS OF EACH PRODUCER PARTICIPATING IN THE STEWARDSHIP
ORGANIZATION; AND
C. THE NAME, ADDRESS, AND CONTACT INFORMATION OF A PERSON RESPONSIBLE
FOR ENSURING THE PRODUCER'S COMPLIANCE WITH THIS CHAPTER.
3. NEW PRODUCERS. A PRODUCER WHO, AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN, SEEKS TO SELL, OFFER FOR SALE, OR OFFER FOR PROMOTIONAL
PURPOSES IN THE STATE A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING
PRODUCT NOT PREVIOUSLY SOLD IN THE STATE, SHALL NOTIFY THE COMMISSIONER
PRIOR TO SELLING OR OFFERING A PRODUCT NOT COVERED BY A STEWARDSHIP PLAN
IN THE STATE. THE COMMISSIONER SHALL LIST A PRODUCER WHO SUPPLIES NOTICE
UNDER THIS SUBDIVISION AS A "NEW PRODUCER" ON THE DEPARTMENT'S WEBSITE.
A PRODUCER THAT SUPPLIES NOTICE UNDER THIS SUBDIVISION SHALL HAVE NINETY
DAYS TO EITHER JOIN AN EXISTING PRIMARY BATTERY STEWARDSHIP ORGANIZATION
OR TO SUBMIT A PRIMARY BATTERY STEWARDSHIP PLAN FOR APPROVAL TO THE
STATE.
4. EXEMPTION. A PRODUCER WHO ANNUALLY SELLS, OFFERS FOR SALE, DISTRIB-
UTES, OR IMPORTS IN THE STATE PRIMARY BATTERIES OR PRIMARY BATTERY-CON-
TAINING PRODUCTS WITH A TOTAL RETAIL VALUE OF LESS THAN FIVE HUNDRED
DOLLARS SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS TITLE.
S 27-1605. PRIMARY BATTERY STEWARDSHIP PLAN.
S. 4522 5
1. PRIMARY BATTERY STEWARDSHIP PLAN REQUIRED. ON OR BEFORE APRIL
FIRST, TWO THOUSAND SIXTEEN, EACH PRODUCER SELLING, OFFERING FOR SALE,
OR OFFERING FOR PROMOTIONAL PURPOSES A PRIMARY BATTERY OR PRIMARY
BATTERY-CONTAINING PRODUCT IN THE STATE SHALL INDIVIDUALLY OR AS PART OF
A PRIMARY BATTERY STEWARDSHIP ORGANIZATION SUBMIT A PRIMARY BATTERY
STEWARDSHIP PLAN TO THE COMMISSIONER FOR REVIEW.
2. PRIMARY BATTERY STEWARDSHIP PLAN; MINIMUM REQUIREMENTS. EACH PRIMA-
RY BATTERY STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM, ALL OF THE
FOLLOWING ELEMENTS:
A. LIST OF PRODUCERS AND BRANDS. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST:
(I) ALL PARTICIPATING PRODUCERS AND CONTACT INFORMATION FOR EACH OF
THE PARTICIPATING PRODUCERS; AND
(II) THE BRANDS OF PRIMARY BATTERIES COVERED BY THE PLAN.
B. FREE COLLECTION. EACH PRIMARY BATTERY STEWARDSHIP PLAN SHALL
PROVIDE FOR THE FREE COLLECTION OF PRIMARY BATTERIES FROM CONSUMERS. A
PRODUCER SHALL NOT REFUSE THE COLLECTION OF A PRIMARY BATTERY BASED ON
THE BRAND OR MANUFACTURER OF THE PRIMARY BATTERY.
C. COLLECTION; CONVENIENCE. EACH PRIMARY BATTERY STEWARDSHIP PLAN
SHALL:
(I) ALLOW ALL RETAILERS THAT SELL PRIMARY BATTERIES OR PRIMARY BATTER-
Y-CONTAINING PRODUCTS COVERED UNDER THE PLAN AND ALL MUNICIPALITIES TO
OPT TO BE A COLLECTION FACILITY;
(II) PROVIDE, AT A MINIMUM, NO FEWER THAN TWO COLLECTION FACILITIES IN
EACH COUNTY IN THE STATE; AND
(III) PROVIDE FOR THE ACCEPTANCE FROM A CONSUMER OF UP TO TWENTY
BATTERIES PER VISIT. A COLLECTION FACILITY MAY AGREE TO ACCEPT MORE THAN
TWENTY BATTERIES PER VISIT FROM A CONSUMER.
D. METHOD OF DISPOSITION. EACH PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE A DESCRIPTION OF THE METHOD THAT WILL BE USED TO RESPONSIBLY
MANAGE DISCARDED PRIMARY BATTERIES TO ENSURE THAT THE COMPONENTS OF THE
DISCARDED PRIMARY BATTERIES, TO THE EXTENT ECONOMICALLY AND TECHNICALLY
FEASIBLE, ARE RECYCLED.
E. ROLES AND RESPONSIBILITIES. A PRIMARY BATTERY STEWARDSHIP PLAN
SHALL LIST ALL KEY PARTICIPANTS IN THE PRIMARY BATTERY COLLECTION CHAIN,
INCLUDING:
(I) THE NUMBER AND NAME OF THE COLLECTION FACILITIES ACCEPTING PRIMARY
BATTERIES UNDER THE PLAN, INCLUDING THE ADDRESS AND CONTACT INFORMATION
FOR EACH FACILITY;
(II) THE NAME AND CONTACT INFORMATION OF A TRANSPORTER OR CONTRACTOR
COLLECTING PRIMARY BATTERIES FROM COLLECTION FACILITIES; AND
(III) THE NAME, ADDRESS, AND CONTACT INFORMATION OF THE RECYCLING
FACILITIES THAT PROCESS THE COLLECTED PRIMARY BATTERIES OR PRIMARY
BATTERY-CONTAINING PRODUCTS.
F. EDUCATION AND OUTREACH. A PRIMARY BATTERY STEWARDSHIP PLAN SHALL
INCLUDE AN EDUCATION AND OUTREACH PROGRAM. THE EDUCATION AND OUTREACH
PROGRAM MAY INCLUDE MEDIA ADVERTISING, RETAIL DISPLAYS, ARTICLES IN
TRADE AND OTHER JOURNALS AND PUBLICATIONS, AND OTHER PUBLIC EDUCATIONAL
EFFORTS. THE EDUCATION AND OUTREACH PROGRAM SHALL DESCRIBE THE OUTREACH
PROCEDURES THAT WILL BE USED TO PROVIDE NOTICE OF THE PROGRAM TO BUSI-
NESSES, MUNICIPALITIES, RETAILERS, WHOLESALERS, AND HAULERS. AT A MINI-
MUM, THE EDUCATION AND OUTREACH PROGRAM SHALL NOTIFY THE PUBLIC OF THE
FOLLOWING:
(I) THAT THERE IS A FREE COLLECTION PROGRAM FOR ALL PRIMARY BATTERIES;
AND
S. 4522 6
(II) THE LOCATION OF COLLECTION POINTS AND HOW TO ACCESS THE
COLLECTION PROGRAM.
G. REIMBURSEMENT.
(I) A PRIMARY BATTERY STEWARDSHIP PLAN SHALL INCLUDE A PROCEDURE UNDER
WHICH THE PRODUCER OR STEWARDSHIP ORGANIZATION SUBMITTING THE PLAN SHALL
REIMBURSE ANOTHER PRIMARY BATTERY PRODUCER OR STEWARDSHIP ORGANIZATION
WITH AN APPROVED PLAN FOR THE ACTUAL DIRECT COSTS PER UNIT OF WEIGHT
INCURRED IN COLLECTING THE BRANDS OR PRODUCTS OF THE PRODUCER SUBMITTING
THE PLAN. DIRECT COSTS INCLUDE COSTS OF COLLECTION, TRANSPORT, RECYCLING
AND OTHER ACTUAL ENVIRONMENTAL MANAGEMENT COSTS, PLUS AN ADDITIONAL
NEGOTIATED AMOUNT NOT TO EXCEED TEN PERCENT TO REFLECT A REASONABLE
CONTRIBUTION FOR INDIRECT COSTS, INCLUDING PERMITTING FEES, OVERHEAD,
PERSONNEL COSTS, ADMINISTRATION, INSURANCE, LEGAL OR ACCOUNTING COSTS,
EDUCATION AND OUTREACH, OR ANY OTHER COSTS.
(II) A PRODUCER OR PRIMARY BATTERY STEWARDSHIP ORGANIZATION THAT
RECEIVES A REQUEST FOR REIMBURSEMENT MAY, PRIOR TO PAYMENT AND WITHIN
THIRTY DAYS OF RECEIPT OF THE REQUEST FOR REIMBURSEMENT, REQUEST AN
INDEPENDENT AUDIT OF SUBMITTED REIMBURSEMENT COSTS. IF THE INDEPENDENT
AUDIT CONFIRMS THE REASONABLENESS OF THE REIMBURSEMENT REQUEST, THE
PRODUCER OR PRIMARY BATTERY STEWARDSHIP ORGANIZATION REQUESTING THE
AUDIT SHALL PAY THE COST OF THE AUDIT.
3. IMPLEMENTATION. A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION SHALL INCLUDE PROVISIONS IN THE PLAN FOR THE IMPLEMENTATION OF
THE PROGRAM IN CONJUNCTION WITH THOSE RETAILERS AND MUNICIPALITIES
ACTING AS COLLECTION FACILITIES UNDER A PROGRAM. IMPLEMENTATION OF THE
PROGRAM SHALL BE AT NO COST TO RETAILERS OR MUNICIPALITIES ACTING AS
COLLECTION FACILITIES UNDER A PROGRAM. A PRODUCER OR A PRIMARY BATTERY
STEWARDSHIP ORGANIZATION SHALL PROVIDE RETAILERS AND MUNICIPALITIES
ACTING AS COLLECTION FACILITIES PRODUCTS OR EQUIPMENT FOR SETTING UP A
COLLECTION POINT AND FOR PROVIDING FOR THE PICKUP OF COLLECTED PRIMARY
BATTERIES, INCLUDING ARRANGING FOR THE MANAGEMENT OF THOSE PRIMARY
BATTERIES.
S 27-1607. ANNUAL REPORT; PLAN AUDIT.
1. ANNUAL REPORT. ON OR BEFORE APRIL FIRST, TWO THOUSAND EIGHTEEN, AND
ANNUALLY THEREAFTER, A PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION SHALL SUBMIT A REPORT TO THE COMMISSIONER THAT CONTAINS THE
FOLLOWING:
A. THE WEIGHT OF PRIMARY BATTERIES COLLECTED BY THE PRODUCER OR THE
STEWARDSHIP ORGANIZATION IN THE PRIOR CALENDAR YEAR;
B. THE COLLECTION RATE ACHIEVED IN THE PRIOR CALENDAR YEAR;
C. SPECIFIES THE COLLECTION FACILITIES THAT FAILED IN THE PREVIOUS
CALENDAR YEAR TO COLLECT A MINIMUM OF ONE HUNDRED POUNDS BY WEIGHT OF
PRIMARY BATTERIES AND WHETHER THESE COLLECTION FACILITIES WILL BE ELIMI-
NATED FROM THE PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGANIZATION'S
PLAN;
D. THE LOCATIONS FOR ALL COLLECTION POINTS SET UP BY THE PRODUCERS
COVERED BY THE PLAN AND CONTACT INFORMATION FOR EACH LOCATION;
E. EXAMPLES AND DESCRIPTION OF EDUCATIONAL MATERIALS USED TO INCREASE
COLLECTION;
F. THE MANNER IN WHICH THE COLLECTED PRIMARY BATTERIES WERE MANAGED;
G. ANY MATERIAL CHANGE TO THE PRIMARY BATTERY STEWARDSHIP PLAN; AND
H. THE COST OF IMPLEMENTATION OF THE PROGRAM, INCLUDING THE COSTS OF
COLLECTION, RECYCLING, EDUCATION, AND OUTREACH.
2. PLAN AUDIT. ONCE EVERY FIVE YEARS, A PRODUCER OR STEWARDSHIP ORGAN-
IZATION SHALL HIRE AN INDEPENDENT THIRD PARTY TO AUDIT THE PLAN AND PLAN
OPERATION. THE AUDITOR SHALL EXAMINE THE EFFECTIVENESS OF THE PROGRAM IN
S. 4522 7
COLLECTING AND RECYCLING PRIMARY BATTERIES. THE INDEPENDENT AUDITOR
SHALL EXAMINE THE COST-EFFECTIVENESS OF THE PROGRAM AND COMPARE IT TO
THAT OF COLLECTION PROGRAMS FOR PRIMARY BATTERIES IN OTHER JURISDIC-
TIONS. THE INDEPENDENT AUDITOR SHALL MAKE RECOMMENDATIONS TO THE
COMMISSIONER ON WAYS TO INCREASE PROGRAM EFFICACY AND COST-EFFECTIVE-
NESS.
S 27-1609. PRIMARY BATTERY STEWARDSHIP ORGANIZATION; REQUIREMENTS;
REGISTRATION.
1. PARTICIPATION IN A STEWARDSHIP ORGANIZATION. A PRODUCER MAY MEET
THE REQUIREMENTS OF THIS TITLE BY PARTICIPATING IN A PRIMARY BATTERY
STEWARDSHIP ORGANIZATION THAT UNDERTAKES THE PRODUCER'S RESPONSIBILITIES
UNDER SECTIONS 27-1603, 27-1605, AND 27-1607 OF THIS TITLE.
2. QUALIFICATIONS FOR A STEWARDSHIP ORGANIZATION. TO QUALIFY AS A
STEWARDSHIP ORGANIZATION UNDER THIS CHAPTER, AN ORGANIZATION SHALL:
A. COMMIT TO ASSUME THE RESPONSIBILITIES, OBLIGATIONS, AND LIABILITIES
OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP ORGANIZATION;
B. NOT CREATE UNREASONABLE BARRIERS FOR PARTICIPATION BY PRODUCERS IN
THE STEWARDSHIP ORGANIZATION; AND
C. MAINTAIN A PUBLIC WEBSITE THAT LISTS ALL PRODUCERS AND PRODUCERS'
BRANDS COVERED BY THE PRIMARY BATTERY STEWARDSHIP ORGANIZATION'S
APPROVED COLLECTION PLAN.
3. REGISTRATION REQUIREMENTS.
A. BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
AFTER, A STEWARDSHIP ORGANIZATION SHALL FILE A REGISTRATION FORM WITH
THE COMMISSIONER. THE COMMISSIONER SHALL PROVIDE THE REGISTRATION FORM
TO A STEWARDSHIP ORGANIZATION. THE REGISTRATION FORM SHALL INCLUDE:
(I) A LIST OF THE PRODUCERS PARTICIPATING IN THE STEWARDSHIP ORGANIZA-
TION;
(II) THE NAME, ADDRESS, AND CONTACT INFORMATION OF A PERSON RESPONSI-
BLE FOR ENSURING A PRODUCER'S COMPLIANCE WITH THIS TITLE;
(III) A DESCRIPTION OF HOW THE STEWARDSHIP ORGANIZATION MEETS THE
REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, INCLUDING ANY REASON-
ABLE REQUIREMENTS FOR PARTICIPATION IN THE STEWARDSHIP ORGANIZATION; AND
(IV) THE NAME, ADDRESS, AND CONTACT INFORMATION OF A PERSON FOR
NONMEMBER MANUFACTURER TO CONTRACT ON HOW TO PARTICIPATE IN THE STEWARD-
SHIP ORGANIZATION TO SATISFY THE REQUIREMENTS OF THIS TITLE.
B. A RENEWAL OF A REGISTRATION WITHOUT CHANGES MAY BE ACCOMPLISHED
THROUGH NOTIFYING THE COMMISSIONER ON A FORM PROVIDED BY THE COMMISSION-
ER.
4. PRIMARY BATTERY-CONTAINING PRODUCTS; NOTIFICATION. PRODUCERS OF A
BATTERY-CONTAINING PRODUCT WHO CHOOSE TO FULFILL THE REQUIREMENTS OF
THIS TITLE BY PARTICIPATION IN A STEWARDSHIP ORGANIZATION UNDER SUBDIVI-
SION ONE OF THIS SECTION SHALL NOTIFY EACH PRODUCT STEWARDSHIP ORGANIZA-
TION OPERATING AN APPROVED PROGRAM THAT THE PRIMARY BATTERIES CONTAINED
WITHIN OR PACKAGED WITH THEIR PRODUCTS ARE COVERED BY A PRIMARY BATTERY
PRODUCER PARTICIPATING IN A STEWARDSHIP PROGRAM, AND SHALL PROVIDE THE
NAME OF THE PRODUCTS, AS WELL AS THE IDENTITY OF ITS PRIMARY BATTERY
SUPPLIER, BRAND, WEIGHT, CHEMISTRY, ESTIMATED NUMBER OF BATTERIES
CONTAINED IN, OR PACKAGED WITH, THE PRODUCTS SOLD IN THE STATE, AND SUCH
OTHER DETAILS AS THE PRIMARY BATTERY STEWARDSHIP ORGANIZATION MAY
REASONABLY REQUIRE. A PRIMARY BATTERY STEWARDSHIP ORGANIZATION IN WHICH
THE PRIMARY BATTERY SUPPLIER IS PARTICIPATING SHALL, AS PART OF THE LIST
SUBMITTED UNDER SUBDIVISION TWO OF SECTION 27-1605 OF THIS TITLE,
INCLUDE THE PRODUCER OF THE PRIMARY BATTERY-CONTAINING PRODUCT AS A
PARTICIPANT IN ITS PROGRAM, SUBJECT TO ANY LIMITATIONS OR EXCEPTIONS AS
S. 4522 8
MAY BE INDICATED BY THE INFORMATION SUBMITTED BY THE PRIMARY
BATTERY-CONTAINING PRODUCT PRODUCER.
S 27-1611. AGENCY RESPONSIBILITIES; APPROVAL OF PLANS.
1. APPROVAL OF PLAN. WITHIN NINETY DAYS AFTER RECEIPT OF A PROPOSED
STEWARDSHIP PLAN, THE COMMISSIONER SHALL DETERMINE WHETHER THE PLAN
COMPLIES WITH THE REQUIREMENTS OF SECTION 27-1605 OF THIS TITLE. IF THE
COMMISSIONER APPROVES A PLAN, THE COMMISSIONER SHALL NOTIFY THE APPLI-
CANT OF THE PLAN APPROVAL IN WRITING. IF THE COMMISSIONER REJECTS A
PLAN, THE COMMISSIONER SHALL NOTIFY THE APPLICANT IN WRITING OF THE
REASONS FOR REJECTING THE PLAN. AN APPLICANT WHOSE PLAN IS REJECTED BY
THE COMMISSIONER SHALL SUBMIT A REVISED PLAN TO THE COMMISSIONER WITHIN
FORTY-FIVE DAYS OF RECEIVING NOTICE OF REJECTION.
2. PLAN AMENDMENT; CHANGES. ANY CHANGES TO A PROPOSED STEWARDSHIP PLAN
SHALL BE APPROVED BY THE COMMISSIONER IN WRITING. THE COMMISSIONER, IN
HIS OR HER DISCRETION OR AT THE REQUEST OF A PRODUCER, MAY REQUIRE A
PRODUCER OR A PRIMARY BATTERY STEWARDSHIP ORGANIZATION TO AMEND AN
APPROVED PLAN.
3. PUBLIC NOTICE. THE COMMISSIONER SHALL POST ALL PROPOSED AND
APPROVED PRIMARY BATTERY STEWARDSHIP PLANS ON THE DEPARTMENT'S WEBSITE,
SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF SECTION 27-1615 OF THIS
TITLE.
4. PUBLIC INPUT. THE COMMISSIONER SHALL ESTABLISH A PROCESS UNDER
WHICH A PRIMARY BATTERY STEWARDSHIP PLAN, PRIOR TO PLAN APPROVAL OR
AMENDMENT, IS AVAILABLE FOR PUBLIC REVIEW AND COMMENT.
5. REGISTRATIONS. THE COMMISSIONER SHALL ACCEPT, REVIEW, AND APPROVE
OR DENY PRIMARY BATTERY STEWARDSHIP ORGANIZATION REGISTRATIONS SUBMITTED
UNDER SECTION 27-1605 OF THIS TITLE.
6. AGENCY WEBSITE. THE COMMISSIONER SHALL MAINTAIN A WEBSITE THAT
INCLUDES THE NAMES OF PRODUCERS WITH APPROVED PLANS OR PARTICIPATION IN
APPROVED PLANS. THE WEBSITE SHALL LIST ALL OF AN APPROVED PRODUCER'S
BRANDS COVERED BY THE STEWARDSHIP PLAN FILED WITH THE COMMISSIONER. THE
COMMISSIONER SHALL UPDATE INFORMATION ON THE WEBSITE WITHIN TEN DAYS OF
RECEIPT OF NOTICE OF ANY CHANGE TO THE LISTED INFORMATION.
7. TERM OF STEWARDSHIP PLAN. A PRIMARY BATTERY STEWARDSHIP PLAN
APPROVED BY THE COMMISSIONER UNDER THIS SECTION SHALL HAVE A TERM NOT TO
EXCEED FIVE YEARS, PROVIDED THAT THE PRODUCER REMAINS IN COMPLIANCE WITH
THE REQUIREMENTS OF THIS TITLE AND THE TERMS OF THE APPROVED PLAN.
S 27-1613. RETAILER OBLIGATIONS.
1. SALE PROHIBITED. EXCEPT AS SET FORTH UNDER SUBDIVISION TWO OF THIS
SECTION, BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN, NO RETAILER
SHALL SELL OR OFFER FOR SALE A PRIMARY BATTERY OR PRIMARY BATTERY-CON-
TAINING PRODUCT UNLESS THE RETAILER HAS REVIEWED THE DEPARTMENT'S
WEBSITE REQUIRED IN SUBDIVISION SIX OF SECTION 27-1611 OF THIS TITLE TO
DETERMINE THAT THE PRODUCER OF THE PRIMARY BATTERY OR PRIMARY
BATTERY-CONTAINING PRODUCT IS IMPLEMENTING AN APPROVED COLLECTION PLAN
OR IS A MEMBER OF A STEWARDSHIP ORGANIZATION.
2. INVENTORY EXCEPTION; EXPIRATION OR REVOCATION OF MANUFACTURER
REGISTRATION. A RETAILER SHALL NOT BE RESPONSIBLE FOR AN UNLAWFUL SALE
OF A PRIMARY BATTERY OR PRIMARY BATTERY-CONTAINING PRODUCT UNDER THIS
SECTION IF:
A. THE RETAILER PURCHASED THE PRIMARY BATTERY OR PRIMARY BATTERY-CON-
TAINING PRODUCT PRIOR TO JANUARY FIRST, TWO THOUSAND SEVENTEEN AND SELLS
THE BATTERY OR PRODUCT ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGH-
TEEN; OR
B. THE PRODUCER'S STEWARDSHIP PLAN EXPIRED OR WAS REVOKED, AND THE
RETAILER TOOK POSSESSION OF THE IN-STORE INVENTORY OF PRIMARY BATTERIES
S. 4522 9
OR PRIMARY BATTERY-CONTAINING PRODUCTS PRIOR TO THE EXPIRATION OR REVO-
CATION OF THE PRODUCER'S STEWARDSHIP PLAN.
S 27-1615. CONFIDENTIALITY OF SUBMITTED DATA.
1. CONFIDENTIALITY OF SUBMITTED REPORTS AND DATA. REPORTS AND DATA
SUBMITTED UNDER THIS TITLE SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND
COPYING, PROVIDED THAT:
A. INFORMATION EXEMPTED UNDER THE FREEDOM OF INFORMATION LAW, PURSUANT
TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT BE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING.
B. THE COMMISSIONER MAY PUBLISH INFORMATION CONFIDENTIAL UNDER PARA-
GRAPH A OF THIS SUBDIVISION IN A SUMMARY OR AGGREGATED FORM THAT DOES
NOT DIRECTLY OR INDIRECTLY IDENTIFY INDIVIDUAL PRODUCERS, DISTRIBUTORS,
OR RETAILERS.
2. OMISSION OF TRADE SECRET INFORMATION. THE COMMISSIONER MAY REQUIRE,
AS A PART OF A REPORT SUBMITTED UNDER THIS TITLE, THAT THE PRODUCER OR
STEWARDSHIP ORGANIZATION SUBMIT A REPORT THAT DOES NOT CONTAIN TRADE
SECRET INFORMATION AND IS AVAILABLE FOR PUBLIC INSPECTION AND REVIEW.
3. TOTAL WEIGHT OF BATTERIES. THE TOTAL WEIGHT OF BATTERIES COLLECTED
UNDER AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN IS NOT CONFIDENTIAL
BUSINESS INFORMATION EXEMPTED UNDER THE FREEDOM OF INFORMATION LAW, AND
SHALL BE SUBJECT TO INSPECTION AND REVIEW.
S 27-1617. ANTITRUST; CONDUCT AUTHORIZED.
1. ACTIVITY AUTHORIZED. A PRODUCER, GROUP OF PRODUCERS, OR STEWARDSHIP
ORGANIZATION IMPLEMENTING OR PARTICIPATING IN AN APPROVED STEWARDSHIP
PLAN UNDER THIS TITLE FOR THE COLLECTION, TRANSPORT, PROCESSING, AND
END-OF-LIFE MANAGEMENT OF PRIMARY BATTERIES ARE INDIVIDUALLY OR JOINTLY
IMMUNE FROM LIABILITY FOR THE CONDUCT UNDER STATE LAWS RELATING TO ANTI-
TRUST, RESTRAINT OF TRADE, UNFAIR TRADE PRACTICES, AND OTHER REGULATION
OF TRADE OR COMMERCE, TO THE EXTENT THAT THE CONDUCT IS REASONABLY
NECESSARY TO PLAN, IMPLEMENT, AND COMPLY WITH THE PRODUCER'S, GROUP OF
PRODUCERS', OR STEWARDSHIP ORGANIZATION'S CHOSEN SYSTEM FOR MANAGING
DISCARDED PRIMARY BATTERIES. THIS SUBDIVISION SHALL ALSO APPLY TO
CONDUCT OF A RETAILER OR WHOLESALER PARTICIPATING IN A PRODUCER OR
STEWARDSHIP ORGANIZATION'S APPROVED PLAN WHEN THE CONDUCT IS NECESSARY
TO PLAN AND IMPLEMENT THE PRODUCER'S OR STEWARDSHIP ORGANIZATION'S
ORGANIZED COLLECTION OR RECYCLING SYSTEM FOR DISCARDED BATTERIES.
2. LIMITATIONS ON ANTITRUST ACTIVITY. SUBDIVISION ONE OF THIS SECTION
SHALL NOT APPLY TO AN AGREEMENT AMONG PRODUCERS, GROUPS OF PRODUCERS,
RETAILERS, WHOLESALERS, OR STEWARDSHIP ORGANIZATIONS AFFECTING THE PRICE
OF PRIMARY BATTERIES OR PRIMARY BATTERY-CONTAINING PRODUCTS OR ANY
AGREEMENT RESTRICTING THE GEOGRAPHIC AREA IN WHICH, OR CUSTOMERS TO
WHOM, PRIMARY BATTERIES OR PRIMARY BATTERY-CONTAINING PRODUCTS SHALL BE
SOLD.
S 27-1619. ADMINISTRATIVE FEE.
1. FEE ASSESSED. A PRODUCER OF STEWARDSHIP ORGANIZATION SHALL PAY A
FEE OF FIFTEEN THOUSAND DOLLARS ANNUALLY FOR OPERATION UNDER A STEWARD-
SHIP PLAN APPROVED BY THE COMMISSIONER UNDER SECTION 27-1611 OF THIS
TITLE.
2. DISPOSITION OF FEE. THE FEES COLLECTED UNDER SUBDIVISION ONE OF
THIS SECTION SHALL BE DEPOSITED IN THE HAZARDOUS WASTE REMEDIAL FUND
UNDER SECTION NINETY-SEVEN-B OF THE STATE FINANCE LAW.
S 27-1621. PRIVATE RIGHT OF ACTION.
1. A PRODUCER OF A PRIMARY BATTERY STEWARDSHIP ORGANIZATION IMPLEMENT-
ING AN APPROVED PLAN IN COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE
MAY BRING A CIVIL ACTION AGAINST ANOTHER PRODUCER OR STEWARDSHIP ORGAN-
IZATION FOR DAMAGES WHEN:
S. 4522 10
A. THE PLAINTIFF PRODUCER OR STEWARDSHIP ORGANIZATION INCURS MORE THAN
THREE THOUSAND DOLLARS IN ACTUAL DIRECT COSTS COLLECTING, HANDLING,
RECYCLING, OR PROPERLY DISPOSING OF PRIMARY BATTERIES SOLD OR OFFERED
FOR SALE IN THE STATE BY ANOTHER PRODUCER;
B. THE PRODUCER FROM WHOM DAMAGES ARE SOUGHT:
(I) CAN BE IDENTIFIED AS THE PRODUCER OF THE COLLECTED BATTERIES FROM
A BRAND OR MARKING ON THE DISCARDED BATTERY OR FROM OTHER INFORMATION
AVAILABLE TO THE PLAINTIFF PRODUCER OR STEWARDSHIP ORGANIZATION; AND
(II) DOES NOT OPERATE AN APPROVED BATTERY STEWARDSHIP PROGRAM IN THE
STATE.
2. A. A PRODUCER OR PRIMARY BATTERY STEWARDSHIP ORGANIZATION IMPLE-
MENTING AN APPROVED PLAN IN COMPLIANCE WITH THE REQUIREMENTS OF THIS
TITLE MAY BRING A CIVIL ACTION FOR DAMAGES AGAINST ANOTHER PRODUCER OR
STEWARDSHIP ORGANIZATION THAT IS IMPLEMENTING AN APPROVED PLAN IN THE
STATE WHEN:
(I) THE PLAINTIFF PRODUCER OR STEWARDSHIP ORGANIZATION SUBMITTED A
REIMBURSEMENT REQUEST TO ANOTHER PRODUCER OR STEWARDSHIP ORGANIZATION
UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G OF SUBDIVISION TWO OF
SECTION 27-1605 OF THIS TITLE;
(II) THE PLAINTIFF PRODUCER DOES NOT RECEIVE REIMBURSEMENT WITHIN:
(1) SIXTY DAYS OF THE REQUEST, IF NO INDEPENDENT AUDIT IS REQUESTED
UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G OF SUBDIVISION TWO OF
SECTION 27-1605 OF THIS TITLE; OR
(2) THIRTY DAYS AFTER COMPLETION OF AN AUDIT IF AN INDEPENDENT AUDIT
IS REQUESTED UNDER THE PROCEDURE APPROVED UNDER PARAGRAPH G OF SUBDIVI-
SION TWO OF SECTION 27-1605 OF THIS TITLE AND THE AUDIT CONFIRMS THE
VALIDITY OF THE REIMBURSEMENT REQUEST.
B. A CIVIL ACTION UNDER THIS SUBDIVISION MAY BE BROUGHT AGAINST AN
INDIVIDUAL PRODUCER ONLY IF THE PRODUCER IS IMPLEMENTING ITS OWN PRIMARY
BATTERY STEWARDSHIP PLAN. A PRODUCER PARTICIPATING IN AN APPROVED PRIMA-
RY BATTERY STEWARDSHIP PLAN COVERING MULTIPLE PRODUCERS SHALL NOT BE
SUED INDIVIDUALLY FOR REIMBURSEMENT. AN ACTION AGAINST A PRODUCER
PARTICIPATING IN A STEWARDSHIP PLAN COVERING MULTIPLE PRODUCERS SHALL BE
BROUGHT AGAINST THE STEWARDSHIP ORGANIZATION IMPLEMENTING THE PLAN.
3. AS USED IN THIS SECTION, "DAMAGES" MEANS:
A. THE ACTUAL, DIRECT COSTS A PLAINTIFF PRODUCER INCURS IN COLLECTING,
HANDLING, RECYCLING, OR PROPERLY DISPOSING OF PRIMARY BATTERIES REASON-
ABLY IDENTIFIED AS HAVING ORIGINATED FROM A NONCOMPLIANT PRODUCER;
B. EXEMPLARY DAMAGES NOT EXCEEDING THREE TIMES THE COSTS INCURRED
UNDER PARAGRAPH A OF THIS SUBDIVISION; AND
C. THE PREVAILING PLAINTIFF PRODUCER'S ATTORNEY'S FEES AND COSTS OF
BRINGING THE ACTION.
S 27-1623. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS.
1. REIMBURSEMENT OF RECHARGEABLE BATTERY STEWARDS. A PRIMARY BATTERY
PRODUCER OR PRIMARY BATTERY STEWARDSHIP ORGANIZATION SHALL REIMBURSE
OPERATORS OF A BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP ORGANIZATION,
OR OTHER PERSON OPERATING A BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP
PROGRAM, FOR ACTUAL DIRECT COSTS PER UNIT OF WEIGHT INCURRED BY THE BONA
FIDE RECHARGEABLE BATTERY STEWARDSHIP ORGANIZATION IN THE COLLECTION OF
PRIMARY BATTERIES SUPPLIED BY PRODUCERS PARTICIPATING IN AN APPROVED
PRIMARY BATTERY STEWARDSHIP PROGRAM IN THE STATE. DIRECT COSTS INCLUDE
COSTS OF COLLECTION, TRANSPORT, RECYCLING AND OTHER ACTUAL ENVIRONMENTAL
MANAGEMENT COSTS, PLUS AN ADDITIONAL NEGOTIATED AMOUNT NOT TO EXCEED TEN
PERCENT TO REFLECT A REASONABLE CONTRIBUTION FOR INDIRECT COSTS, INCLUD-
ING PERMITTING FEES, OVERHEAD, PERSONNEL COSTS, ADMINISTRATION, INSUR-
S. 4522 11
ANCE, LEGAL OR ACCOUNTING COSTS, EDUCATION AND OUTREACH, OR ANY OTHER
COSTS.
2. REQUEST FOR AUDIT. A PRODUCER OR PRIMARY BATTERY STEWARDSHIP ORGAN-
IZATION THAT RECEIVES A REQUEST FOR REIMBURSEMENT FROM A RECHARGEABLE
BATTERY STEWARD MAY, PRIOR TO PAYMENT AND WITHIN THIRTY DAYS OF THE
REQUEST FOR REIMBURSEMENT, REQUEST AN INDEPENDENT AUDIT OF THE REQUESTED
REIMBURSEMENT COSTS. IF THE INDEPENDENT AUDIT CONFIRMS THE REASONABLE-
NESS OF THE REIMBURSEMENT REQUEST, THE PRODUCER OR PRIMARY BATTERY
STEWARDSHIP ORGANIZATION REQUESTING THE AUDIT SHALL PAY THE COST OF THE
AUDIT.
3. A. CIVIL ACTION FOR FAILURE TO REIMBURSE. A RECHARGEABLE BATTERY
STEWARD OR OTHER PERSON OPERATING A BONA FIDE PROGRAM TO COLLECT USED
RECHARGEABLE BATTERIES FOR RECYCLING IN THE STATE MAY BRING A CIVIL
ACTION FOR DAMAGES AGAINST A PRIMARY BATTERY PRODUCER OR PRIMARY BATTERY
STEWARDSHIP ORGANIZATION THAT IS IMPLEMENTING AN APPROVED PLAN IN THE
STATE WHEN:
(I) THE RECHARGEABLE BATTERY STEWARD SUBMITTED A REIMBURSEMENT REQUEST
TO ANOTHER PRODUCER OR STEWARDSHIP ORGANIZATION UNDER SUBDIVISION TWO OF
THIS SECTION;
(II) THE RECHARGEABLE BATTERY STEWARD DOES NOT RECEIVE REIMBURSEMENT
WITHIN:
(1) SIXTY DAYS OF THE REQUEST, IF NO INDEPENDENT AUDIT IS REQUESTED
UNDER SUBDIVISION TWO OF THIS SECTION; OR
(2) THIRTY DAYS AFTER COMPLETION OF AN AUDIT IF AN INDEPENDENT AUDIT
IS REQUESTED UNDER SUBDIVISION TWO OF THIS SECTION AND THE AUDIT
CONFIRMS THE VALIDITY OF THE REIMBURSEMENT REQUEST.
B. A CIVIL ACTION UNDER THIS SUBDIVISION MAY BE BROUGHT AGAINST AN
INDIVIDUAL PRIMARY BATTERY PRODUCER ONLY IF THE PRODUCER IS IMPLEMENTING
ITS OWN PRIMARY BATTERY STEWARDSHIP PLAN OR THE PRODUCER HAS FAILED TO
REGISTER TO PARTICIPATE IN A PLAN. A PRIMARY BATTERY PRODUCER PARTIC-
IPATING IN AN APPROVED PRIMARY BATTERY STEWARDSHIP PLAN COVERING MULTI-
PLE PRODUCERS SHALL NOT BE SUED INDIVIDUALLY FOR REIMBURSEMENT. AN
ACTION AGAINST A PRIMARY BATTERY PRODUCER PARTICIPATING IN A STEWARDSHIP
PLAN COVERING MULTIPLE PRODUCERS SHALL BE BROUGHT AGAINST THE STEWARD-
SHIP ORGANIZATION IMPLEMENTING THE PLAN.
4. PROCEDURE; BONA FIDE RECHARGEABLE BATTERY STEWARDSHIP PROGRAM.
A. THE COMMISSIONER MAY REQUIRE A PRIMARY BATTERY PRODUCER OR A PRIMA-
RY BATTERY STEWARDSHIP ORGANIZATION TO SUBMIT THE PROCEDURE FOR
REIMBURSEMENT UNDER THIS SECTION TO THE COMMISSIONER FOR APPROVAL.
B. THE COMMISSIONER, IN HIS OR HER DISCRETION, SHALL APPROVE A
RECHARGEABLE BATTERY STEWARDSHIP PROGRAM AS BONA FIDE UNDER THIS
SECTION.
S 27-1625. PENALTIES.
A PRODUCER WHO VIOLATES THE REQUIREMENTS OF THIS TITLE SHALL BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY
FOR EACH DAY OF NONCOMPLIANCE.
S 27-1627. RULEMAKING; PROCEDURE.
THE COMMISSIONER MAY ADOPT RULES OR PROCEDURES TO IMPLEMENT THE
REQUIREMENTS OF THIS TITLE.
S 2. Subdivision 2 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph dd to read as follows:
DD. ENFORCE A PRODUCT STEWARDSHIP PROGRAM, INCLUDING THE COLLECTION
AND DISPOSAL OF PRIMARY BATTERIES, PURSUANT TO TITLE SIXTEEN OF ARTICLE
TWENTY-SEVEN OF THIS CHAPTER.
S 3. This act shall take effect immediately.
