2012 -- S 2187 SUBSTITUTE A

=======

LC00172/SUB A/3

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

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:

1-1

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

1-2

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

1-3

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

1-4

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

1-5

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

1-6

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

1-7

batteries through source reduction of toxins and by recycling.

1-8

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

1-9

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

1-10

dioxide and zinc electrodes and an alkaline electrolyte.

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

2-19

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

2-20

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

2-21

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

2-22

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

2-23

electrodes and an alkaline electrolyte.

2-24

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

2-25

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

2-26

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

2-27

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

2-28

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

2-29

or recycling;

2-30

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

2-31

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

2-32

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

2-33

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

2-34

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

2-35

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

2-36

rechargeable consumer products or devices found in residences or offices, and weighing less than

2-37

eleven pounds (11 lbs);

2-38

     (6) "Manufacturer" means every person, firm or corporation that:

2-39

     (i) Produces rechargeable dry cell batteries sold, offered for sale, or distributed in Rhode

2-40

Island under a brand name it owns or licenses;

2-41

     (ii) Packages or arranges for packaging of rechargeable dry cell batteries for sale, offering

2-42

for sale, or distribution in Rhode Island under a brand name it owns or licenses;

2-43

     (iii) Imports into the United States rechargeable dry cell batteries that are sold, offered for

2-44

sale, or distributed in Rhode Island under a brand name it owns or licenses;

2-45

     (iv) Is a private label retailer; or

2-46

     (v) Otherwise makes available to consumers in Rhode Island stand alone rechargeable

2-47

dry cell batteries.

2-48

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

2-49

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

2-50

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

2-51

electrodes and an alkaline electrolyte;

2-52

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

2-53

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

3-1

other entity whatsoever;

3-2

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

3-3

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

3-4

being recharged weighing less than eleven pounds (11 lbs.), or battery packs containing such

3-5

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

3-6

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

3-7

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

3-8

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

3-9

component of an electronic device;

3-10

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

3-11

heavy metals are removed for reuse;

3-12

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

3-13

batteries;

3-14

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

3-15

hazardous waste facilities, solid waste management agencies, environmental management

3-16

agencies, or the department of health;

3-17

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

3-18

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

3-19

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

3-20

of dry cell batteries.

3-21

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

3-22

hereby amended by adding the following sections:

3-23

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

3-24

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

3-25

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

3-26

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

3-27

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

3-28

consumers in Rhode Island.

3-29

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

3-30

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

3-31

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

3-32

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

3-33

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

3-34

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

4-1

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

4-2

the department no later than August 1, 2013.

4-3

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

4-4

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

4-5

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

4-6

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

4-7

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

4-8

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

4-9

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

4-10

and units of local government in this state;

4-11

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

4-12

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

4-13

and the availability of manufacturer supported program(s);

4-14

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

4-15

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

4-16

consumers; and

4-17

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

4-18

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

4-19

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

4-20

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

4-21

opportunities for the collection of those batteries.

4-22

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

4-23

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

4-24

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

4-25

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

4-26

collection containers.

4-27

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

4-28

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

4-29

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

4-30

manufacturer pursuant to this section during the previous calendar year;

4-31

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

4-32

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

4-33

collection and recycling program; and

5-34

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

5-35

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

5-36

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

5-37

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

5-38

rechargeable dry cell batteries.

5-39

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

5-40

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

5-41

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

5-42

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

5-43

requirements prior to July 1, 2013; or

5-44

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

5-45

significant permanent damage to human health.

5-46

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

5-47

and may be renewed.

5-48

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

5-49

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

5-50

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

5-51

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

5-52

include measurable collection goals to achieve on an annual basis.

5-53

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

5-54

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

5-55

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

5-56

pursuant to this chapter shall be deposited as general revenues.

5-57

     SECTION 3. This act shall take effect upon passage.

=======

LC00172/SUB A/3

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - RECHARGEABLE BATTERY COLLECTION

AND RECYCLING

***

6-1

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

6-2

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

6-3

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

6-4

exemptions from these requirements.

6-5

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

6-6

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

6-7

     This act would take effect upon passage.

=======

LC00172/SUB A/3

=======