2012 -- S 2187

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LC00172

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO HEALTH AND SAFETY - RECHARGEABLE BATTERY COLLECTION

AND RECYCLING

     Introduced By: Senators Ruggerio, Walaska, Miller, McCaffrey, and Lombardo

     Date Introduced: January 24, 2012

     Referred To: Senate Environment & Agriculture

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-60.1-1 and 23-60.1-2 of the General Laws in Chapter 23-60.1

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entitled "Dry Cell Battery Control" are hereby amended to read as follows:

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     23-60.1-1. Legislative findings and policy. -- The general assembly finds and declares

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that certain types of dry cell batteries contain toxic heavy metals that are harmful in municipal

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solid waste. Batteries containing cadmium, mercury, and lead are especially harmful, and some of

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these types are increasing in use. It shall be the policy of the state to reduce the impact of such

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batteries through source reduction of toxins and by recycling.

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     23-60.1-2. Definitions. -- As used in this chapter:

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      (1) "Alkaline-manganese battery" means any dry cell battery containing manganese

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dioxide and zinc electrodes and an alkaline electrolyte.

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      (2) [Deleted by P.L. 2000, ch. 179, section 1.]

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      (3) [Deleted by P.L. 2000, ch. 179, section 1.]

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      (4) [Deleted by P.L. 2000, ch. 179, section 1.]

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      (5) "Dry cell battery" means all batteries in which the electrolyte is absorbed, gelled, or

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solidified such that the electrolyte is not a free-standing body of liquid. Dry cell batteries do not

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include vehicle batteries as defined by section 23-60-2.

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      (6) "Lead-acid dry cell battery" means a battery containing a lead-acid system, generally

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used in rechargeable consumer products, and weighing less than twenty-five (25) pounds.

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      (7) [Deleted by P.L. 2000, ch. 179, section 1.]

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      (8) "Mercuric-oxide battery" means a dry cell battery containing zinc and mercuric oxide

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electrodes and used both in household and non-household, often medical, applications.

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      (9) "Nickel-cadmium battery" means any dry cell battery containing cadmium and nickel

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electrodes and an alkaline electrolyte.

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      (10) [Deleted by P.L. 2000, ch. 179, section 1.]

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      (11) [Deleted by P.L. 2000, ch. 179, section 1.]

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      (12) [Deleted by P.L. 2000, ch. 179, section 1.]

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      (13) [Deleted by P.L. 2000, ch. 179, section 1.]

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     (1) "Collector" means any person in this state who accepts dry cell batteries for disposal

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or recycling;

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     (2) "Department" means the department of environmental management;

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     (3) "Director" means the director of the department of environmental management;

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     (4) "Dry cell battery" means all batteries in which the electrolyte is absorbed, gelled, or

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solidified such that the electrolyte is not a freestanding body of liquid. Dry cell batteries do not

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include vehicle batteries as defined by section 23-60-2;

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     (5) "Lead-acid battery" means a battery containing a lead-acid system, generally used in

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rechargeable consumer products, and weighing less than eleven pounds (11 lbs);

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     (6) "Manufacturer" means any person who manufactures dry cell batteries;

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     (7) "Mercuric-oxide battery" means a dry cell battery containing zinc and mercuric oxide

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electrodes and used both in household and non-household, often medical, applications;

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     (8) "Nickel-cadmium battery" means any dry cell battery containing cadmium and nickel

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electrodes and an alkaline electrolyte;

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     (9) "Person" means any natural person, political subdivision, government agency, public

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or private corporation, partnership, joint venture, association, firm, individual proprietorship, or

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other entity whatsoever;

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     (10) “Rechargeable dry cell battery” means any rechargeable nickel-cadmium, sealed

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lead, lithium ion, nickel metal hydride battery, or any other such dry cell battery capable of being

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recharged weighing less than twenty-five pounds (25 lbs.), or battery packs containing such

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batteries that weigh less than eleven pounds (11 lbs); but shall not include a battery used as the

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principal electric power source for a vehicle, such as, but not limited to, an automobile, boat,

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truck, tractor, golf cart or wheelchair; for storage of electricity generated by an alternative power

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source, such as solar or wind-driven generators; or for memory backup that is an integral

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component of an electronic device;

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     (11) "Recycling facility" means a facility that processes waste dry cell batteries such that

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heavy metals are removed for reuse;

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     (12) "Retailer" means any person in this state who engages in the sale of dry cell

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batteries;

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     (13) "Statewide government collections" means collections completed by household

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hazardous waste facilities, solid waste management agencies, environmental management

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agencies, or the department of health;

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     (14) “Universal Waste Regulations” means chapter 40 section 273 of the Code of Federal

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Regulations that establishes standards for the management and recycling of waste batteries;

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     (15) “Wholesaler” means a person that is engaged in the distribution and wholesale sale

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of dry cell batteries.

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     SECTION 2. Chapter 23-60.1 of the general laws entitled, “Dry Cell Battery Control” is

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hereby amended by adding the following sections:

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     23-60.1-14. The collection and recycling of rechargeable dry cell batteries. -- (a)

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Effective July 1, 2013, a manufacturer of rechargeable dry cell batteries, as defined in subdivision

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23-60.1-2(10) that has offered for final sale, sold at final sale, or has distributed rechargeable dry

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cell batteries in Rhode Island shall, individually or collectively, ensure that a system for the

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proper collection, transportation, and processing of waste rechargeable dry cell batteries exists for

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consumers in Rhode Island.

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     (b) To ensure that a system for the proper collection, transportation, and processing of

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waste rechargeable dry cell batteries exists that meets the standards of the Universal Waste

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Regulations for batteries in 40 CFR 273, a manufacturer shall:

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     (1) Submit a detailed description of a collection, transportation and recycling program for

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rechargeable dry cell batteries that meets the requirements of this section to the department no

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later than April 1, 2013. The department shall have sixty (60) days from the date of submittal to

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review and provide comment on the program. The final program description shall be submitted to

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the department no later than August 1, 2013.

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     (2) Identify collectors, transporters, and recycling facilities for the waste rechargeable dry

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cell batteries and contract or otherwise expressly agree with a person or persons for the proper

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collection, transportation, and processing of the waste batteries no later than July 1, 2013. A

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group of manufacturers may choose to implement a manufacturer program as one entity, if in

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doing so the manufacturers meet the recycling goals as established by the department.

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     (3) Conduct education and outreach efforts including, but not limited to:

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     (i) Promoting the availability of collection containers to qualified wholesalers, retailers,

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and units of local government in this state;

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     (ii) Educating homeowners and other interested persons on the importance of properly

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managing waste rechargeable dry cell batteries, opportunities for the collection of those batteries

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and the availability of manufacturer supported program(s);

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     (iii) Providing signage to participating collection locations that can be prominently

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displayed to promote the collection and recycling of waste rechargeable dry cell batteries to

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consumers; and

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     (iv) Providing written materials or templates of materials for reproduction by

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participating wholesalers and retailers to be provided to consumers at the time of purchase or

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delivery of a rechargeable dry cell battery. These materials shall include, but not be limited to,

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information on the importance of properly managing waste rechargeable dry cell batteries and

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opportunities for the collection of those batteries.

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     (4)(i) Not include any fees or other charges to consumers at the time of disposal.

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     (ii) Charge at the manufacturer’s option, a one-time program administration fee not to

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exceed seventy-five dollars ($75.00) per collection container to each rechargeable dry cell battery

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wholesaler, statewide government collection, or retailer that is provided with one or more

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collection containers.

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     (5) Beginning in 2014, submit an annual report to the department by March 1, of each

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year that includes, at a minimum, all of the following:

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     (i) The number of waste rechargeable dry cell batteries collected and recycled by that

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manufacturer pursuant to this section during the previous calendar year;

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     (ii) An evaluation of the effectiveness of the manufacturer's collection program;

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     (iii) An accounting of the administrative costs incurred in the course of administering the

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collection and recycling program; and

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     (iv) A list of locations that participate as collection sites.

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     (c) Education outreach. In conjunction with the educational and outreach programs

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implemented by manufacturers, the department shall conduct an education and outreach program

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directed toward wholesalers, retailers, and homeowners to promote the collection of waste

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rechargeable dry cell batteries.

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     23-60.1-15. Manufacturer exemptions. -- (a) Any rechargeable dry cell battery

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manufacturer may petition the director to exempt a product containing a rechargeable dry cell

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battery from the requirements of section 23-60.1-14 and the director may exempt the product, if:

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     (1) The product cannot be reasonably redesigned and manufactured to comply with the

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requirements prior to July 1, 2013; or

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     (2) The redesign of the product to comply with the requirements would result in

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significant permanent damage to human health.

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     (b) An exemption granted by the director may be for no more than two (2) years' duration

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and may be renewed.

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     23-60.1-16. Rules and regulations. -- The department shall promulgate rules and

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regulations, no later than January 1, 2013, that comply with the universal waste rules for batteries

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as adopted in 40 CFR 273, to govern rechargeable dry cell battery collection and recycling

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programs that are implemented pursuant to section 23-60.1-6. Such rules and regulations shall

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include measurable collection goals to achieve on an annual basis.

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     23-60.1-17. Penalty. -- Any person who violates any provision of this chapter shall be

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subject to an administrative penalty of not more than one thousand dollars ($1,000). Each day that

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the violation continues or exists shall constitute a separate offense. Any revenues received

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pursuant to this chapter shall be deposited as general revenues.

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     SECTION 3. This act shall take effect upon passage.

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LC00665/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - RECHARGEABLE BATTERY COLLECTION

AND RECYCLING

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     This act would declare it is the policy of the state to reduce the impact of heavy toxic

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metals through source reduction and recycling and would provide for the proper collection,

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transportation and processing of waste rechargeable dry cell batteries. It would also allow

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exemptions from these requirements.

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     Further, this act would provide for the promulgation of administrative rules and

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regulations and the imposition of administration penalties for violation of this act.

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     This act would take effect upon passage.

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LC00172

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