Vermont § 7584 - Battery stewardship plan

§ 7584. Battery stewardship plan

• (a) Battery stewardship plan required. Each producer selling, offering for sale, distributing, or offering for promotional
  purposes a primary battery, a rechargeable battery, or a battery-containing product
  in the State shall individually or as part of a battery stewardship organization submit
  a battery stewardship plan to the Secretary for review. (b) Battery stewardship plan; minimum requirements. Each battery stewardship plan shall include, at a minimum, all of the following elements: (1) List of producers and brands. Each battery stewardship plan shall list: (A) all participating producers and contact information for each of the participating
  producers; and (B) the brands of batteries or battery-containing products covered by the plan. (2) Free collection. Each battery stewardship plan shall provide for the collection of covered batteries
  from covered entities at no cost to covered entities. A producer shall not refuse
  the collection of a covered battery based on the brand or producer of the battery. (3) Collection; convenience. Except for damaged and defective lithium batteries and lithium-ion batteries with
  over 300 watt-hours, each battery stewardship plan shall: (A) Allow all retailers, all municipalities, certified solid waste management facilities,
  and certified salvage yards that meet requirements specified in the plan to opt in
  to be a collection facility. (B) Provide, at a minimum, not fewer than two collection facilities in each county in
  the State that provide for collection throughout the year. (C) Provide for the acceptance of up to 100 batteries per visit. A collection facility
  may agree to accept more than 100 batteries per visit. (4) Collection of damaged and defective lithium batteries and lithium- ion batteries with
  over 300 watt-hours. Each battery stewardship plan shall: (A) allow any certified solid waste facility to collect damaged and defective lithium
  batteries and lithium-ion batteries with over 300 watt-hours, provided that facility
  can meet the safety requirements as outlined in the stewardship plan; (B) include how the program will provide packaging consistent with the requirements found
  in the U.S. Department of Transportation Hazardous Materials Regulations and the necessary
  forms and instructions for the safe transportation of damaged or defective lithium
  batteries and lithium-ion batteries with over 300 watt-hours at no cost to certified
  solid waste facilities; and (C) unless otherwise approved by the Secretary, provide throughout the year not fewer
  than two collection facilities, at a minimum, in each county in the State for the
  collection of damaged and defective lithium batteries and lithium-ion batteries with
  over 300 watt-hours. (5) Method of disposition. Each battery stewardship plan shall include a description of the method that will
  be used to responsibly manage discarded batteries to ensure that the components of
  the discarded batteries, to the extent economically and technically feasible, are
  recycled. (6) Roles and responsibilities. A battery stewardship plan shall list all key participants in the battery collection
  chain, including: (A) the number and name of the collection facilities accepting the batteries to be collected
  under the plan, including the address and contact information for each facility; (B) the name and contact information of a transporter or contractor collecting batteries
  from collection facilities; and (C) the name, address, and contact information of the recycling facilities that process
  the collected batteries. (7) Education and outreach. A battery stewardship plan shall include an education and outreach program. The education
  and outreach program may include mass media advertising in radio or television broadcasts
  newspaper publications of general circulation in the State, retail displays, articles
  in trade and other journals and publications, social media and internet sites, 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 businesses,
  municipalities, certified solid waste management facilities, retailers, wholesalers,
  and haulers. At a minimum, the education and outreach program shall notify the public
  of the following: (A) that there is a free collection program for all batteries; and (B) the location of collection points and how to access the collection program. (8) Reimbursement. A battery stewardship plan shall include a reimbursement procedure that is consistent
  with the requirements of subchapter 4 of this chapter. (9) Performance goal; collection rate. A battery stewardship plan shall include a collection rate performance goal for the
  primary batteries and rechargeable batteries subject to the plan. The collection rate
  includes the estimated total weight of primary batteries and rechargeable batteries
  that will be sold or offered for sale in the State by the producer or the producers
  participating in the battery stewardship plan. (10) Safety training. A battery stewardship plan shall describe how it shall provide safety training for
  collection locations, including handling damaged and defective lithium batteries and
  lithium-ion batteries with over 300 watt-hours. (11) Fair compensation. Each battery stewardship plan shall provide a description of how municipalities and
  certified solid waste management facilities acting as battery collection facilities
  for the program shall be fairly compensated for labor and material costs associated
  with collecting, sorting, storing, and shipping batteries. (c) Implementation. (1) A producer or a battery stewardship organization shall implement the collection plan
  not later than six months after the date of a final decision by the Secretary on the
  adequacy of the collection plan. (2) A producer or battery stewardship organization shall include provisions in the plan
  for the implementation of the program in conjunction with those retailers, municipalities,
  and certified solid waste management facilities acting as collection facilities under
  a program. No transportation or recycling cost shall be imposed on retailers, municipalities,
  or certified solid waste management facilities acting as collection facilities under
  a program. A producer or a battery stewardship organization shall provide retailers,
  municipalities, and certified solid waste management facilities acting as collection
  facilities products or equipment for setting up a collection point and for providing
  for the pickup of collected batteries, including arranging for the management of those
  batteries. (Added 2013, No. 139 (Adj. Sess.), § 1, eff. May 22, 2014; amended 2023, No. 152 (Adj. Sess.), § 1, eff. July 1, 2024.)